ddrg/super_eurlex huggingface dataset:
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1. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Transposition of a directive without legislative action - Conditions - Existence of a general legal context ensuring the full application of the directive - Inadequacy of a practice conforming to the requirements of the directive

(EEC Treaty, third para. of Art. 189)

2. Environment - Air pollution - Directive 82/884/EEC - Fixing of a limit value applicable to the concentration of lead - Adoption of a mandatory legal rule - Obligation of the Member States

(Council Directive 82/884/EEC, Art. 2)

Operative part

1. Declares that, by failing to adopt within the prescribed period all the provisions needed to comply with Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air, the French Republic has failed to fulfil its obligations under the EEC Treaty;

2. Orders the French Republic to pay the costs.
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Common Customs Tariff - Customs value - Transaction value - Determination

- Involvement of a buying agent acting on behalf of the importer - Price in the transaction between the manufacturer or supplier and the importer - Buying commission paid by the importer to the agent excluded

(Council Regulation No 1224/80, Art. 3(1) and Art. 8(1)(a)(i) )

Summary

Where a buying agent has acted in his own name but in fact represented the importer who bore the financial risks of the transaction in acting for his own account, the transaction to be taken into account in order to determine, pursuant to Article 3(1) of Regulation No 1224/80, the customs value of the imported goods is that between the manufacturer or supplier and the importer. The price in that transaction constitutes the customs value for the purposes of the aforementioned provision. In accordance with Article 8(1)(a)(i) of that regulation, the buying commission paid by the importer to the agent is not to be included in that value, even if the importer has described the buying agent as the seller and has declared the price of the goods as invoiced by that agent.
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not disputed

(EEC Treaty, Art. 169)

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hereby:

1. Declares that, by failing to adopt and communicate to the Commission, within the prescribed periods, the laws, regulations and administrative measures necessary to comply with Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, Council Directive 85/614/EEC of 20 December 1985 amending, on account of the accession of Spain and Portugal, Directive 85/384/EEC, and Council Directive 86/17/EEC of 27 January 1986 amending, on account of the accession of Portugal, Directive 85/384/EEC, the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty;

2. Orders the Hellenic Republic to pay the costs.
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1. Agriculture - Common organization of the markets - Oils and fats - Olive oil - Classification - Examination of organoleptic characteristics - Absence of a Community procedure - Application of national procedures - Objective - Implementation of the Community classification

(Commission Regulation No 3472/85, Art. 3(2) )

2. Agriculture - Common Agricultural Policy - Financing by the EAGGF - Principles - Legality of expenditure incurred by way of intervention - Classification of products offered for intervention - Commission' s power of inspection - Scope

(Council Regulation No 729/70, Art. 9)

Summary

1. Article 3(2) of Commission Regulation No 3472/85 of 10 December 1985 must be interpreted as meaning that, so long as no Community rules have been adopted, the examination of the organoleptic characteristics of edible virgin olive oil is to be carried out in accordance with national procedures whose sole purpose must be to establish the characteristics required by the Community provisions for classification according to the descriptions set out therein.

2. Within the framework of the EAGGF' s responsibility for expenditure incurred by a Member State by way of intervention, Community law authorizes the Commission, for the purpose of verifying, according to strict conditions of reliability, that intervention transactions are executed correctly, to carry out a subsequent check on the initial classification of the product in question which does not consist in a mere repetition of the analyses carried out when it was offered for intervention.
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1. Member States - Obligations - Task of supervision entrusted to the Commission - Duty of the Member States - Cooperation with inquiries relating to the application of directives

(EEC Treaty, Arts 5 and 155)

2. Member States - Obligations - Implementation of directives - Failure to implement - Justification based on the possibility of attributing failure to decentralized authorities - Not permissible

(EEC Treaty, Art. 169)

Summary

1. Member States are under a duty, by virtue of Article 5 of the EEC Treaty, to facilitate the achievement of the Commission' s tasks, which consist in particular, pursuant to Article 155 of the EEC Treaty, in ensuring that the provisions of the Treaty and the measures taken by the institutions pursuant thereto are applied. The failure by a Member State to reply to questions put by the Commission under its powers to supervise the application of a directive, without even explaining that failure, as it is obliged to do at least under its duty of genuine cooperation, constitutes a failure by that Member State to fulfil its obligations.

2. A Member State cannot plead conditions existing within its own legal system in order to justify its failure to comply with obligations and time-limits resulting from Community directives. It alone is responsible towards the Community under Article 169 for compliance with obligations arising under Community law, irrespective of the use which it has made of the freedom to allocate areas of internal legal competence. That is why, in the case where a directive imposes an obligation on Member States to designate the authorities responsible for its implementation and places specific obligations on those authorities, such as the obligation to draw up plans and keep them up to date, the fact that a Member State, after designating such authorities, refrains from taking the measures necessary to ensure that those authorities meet their obligations constitutes a failure within the meaning of Article 169 of the EEC Treaty.
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Own resources of the European Communities - Post-clearance recovery of import duties or export duties - Time-barring of action for recovery - Exception - Act that could give rise to criminal court proceedings - Meaning

(Council Regulation No 1697/79, Art. 3)

Summary

Article 3 of Regulation No 1697/79, concerning the post-clearance recovery of import duties or export duties, which excludes the time-barring of an action for recovery when the determination of the duties legally due was prevented by "an act that could give rise to criminal court proceedings", refers only to acts which, under the legal system of the Member State whose competent authorities are seeking the post-clearance recovery of duties, are classified as offences under national criminal law.
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Association of overseas countries and territories - Treaty provisions relating to customs duties levied on imports from the Member States and the other countries and territories - Application to charges having equivalent effect - Power of the countries and territories to levy customs duties on imports - Conditions - Progressive reduction of duties existing when the Treaty entered into force with a view to abolishing all discrimination according to the Member State of origin - Objective attained - Consequence

(EEC Treaty, Art. 133(2), (3) and (5); Decision 64/349 of the Council)

Summary

Article 133(2) and (3) of the Treaty dealing with imports into the overseas countries and territories associated with the Community of goods from the Member States and the other countries and territories applies both to the customs duties which it explicitly mentions and to charges having an effect equivalent to customs duties.

The overseas countries and territories may levy such duties and charges, whether or not they existed when the Treaty entered into force, provided, first, that the duties or charges levied meet the needs of their development and industrialization or produce revenue for their budgets and, secondly, that the introduction of or any change in such duties or charges does not give rise to any direct or indirect discrimination between imports from the various Member States, and subject to the obligation to implement reductions laid down in the second subparagraph of Article 133(3).

The progressive reduction of the duties and charges existing when the Treaty entered into force to the level of those imposed on imports from the Member State with which each country or territory has special relations, as provided for under the second subparagraph of Article 133(3), was achieved when Decision 64/349 was implemented. As from that time, with regard to those customs duties or charges having equivalent effect, all discrimination between imports from the various Member States is prohibited.
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Freedom of movement for persons - Workers - Provisions of the Treaty - Not applicable in a situation purely internal to a Member State

(EEC Treaty, Arts 7 and 48)

Summary

Since the provisions of the Treaty on freedom of movement for persons cannot be applied to activities which are confined in all respects within a single Member State, a national of a Member State who has never exercised the right of freedom of movement within the Community may not rely on Articles 7 and 48 of the Treaty as against the Member State of which he is a national with respect to the conditions governing his recruitment to a post in the territory of that State.
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Agriculture - Common organization of the markets - Export refunds - Advance payment - Repayment of amounts unduly paid - Product exported corresponding to that declared but having characteristics justifying a lower rate of refund - Repayment calculated on the basis of the difference between the refund paid in advance and the refund actually due - Determination of the refund actually due - Application of the rate laid down for the calculation in the case of advance payment of refunds

(Council Regulation No 565/80, Art. 4(5) and (6); Commission Regulation No 798/80, Art. 2 and 10 Art. (4)(a), (b) and (c))

Summary

Where a trader who has received advance payment of export refunds has undertaken, pursuant to Article 2 of Regulation No 798/80, to export flour with an ash content between 0 and 520 mg/100 g and it is found that for reasons other than force majeure he in fact exported flour with a considerably higher ash content, the amount of the sums which that trader must repay is determined by the provisions of Article 10(4)(b) and (c) of that regulation. In such a case, where the product actually exported corresponds to that mentioned in the payment declaration and where, in circumstances justifying the application of a lower rate of refund, only the characteristics of that product are different, it is, in view of the objective pursued by the rules, which is to avoid the unjust enrichment of traders, those provisions limiting the amount of the sums to be repaid to the unjustified credit from which that trader has benefited which must be applied and not those under Article 10(4)(a) which penalize failure by the trader to comply with the time-limits laid down.

The actual refund to which the trader may be entitled under those provisions must be calculated by applying the rate laid down under Article 4(5) and (6) of Regulation No 565/80, that is to say, the rate which would have been applicable if the product exported had been correctly described in the payment declaration.
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1. Fisheries ° Common structural policy ° Conservation of the resources of the sea ° System of fishing quotas ° Rules of a Member State on the use of its quotas ° Grant of licences ° Conditions obliging the masters of vessels flying the flag of that Member State to report by radio their movement from one fishing area to another ° Whether permissible ° Discrimination on grounds of nationality ° None

(EEC Treaty, Art. 7; Council Regulation No 101/76, Art. 2(1))

2. Fisheries ° Conservation of the resources of the sea ° System of fishing quotas ° Control measures ° Measures adopted by a Member State to ensure compliance with rules concerning the use of its quotas ° Obligation to notify the Commission ° Breach ° No effect on the validity of the measure

(Council Regulation No 2241/76, Art. 15)

Summary

1. Article 7 of the Treaty and Article 2(1) of Regulation No 101/76, which lays down, as regards the fishing activities of vessels of the Member States in Community waters, the principle of equal conditions of access to and use of Community waters, must, in view of the introduction of a system of national quotas and the latitude allowed to Member States to set up national control measures which go beyond the minimum requirements of the Community regulation, provided that they they are in conformity with quotas and remain proportionate to their objective, be interpreted as meaning that a Member State which makes access to its fishing quotas subject to the grant of a licence is not precluded from including in such a licence a provision requiring the master of a vessel flying the flag of that State to report by radio his intention to cross from one ICES area to another, even though that condition does not apply to vessels flying the flag of other Member States fishing for the same species in the same areas.

2. Under Article 15 of Regulation No 2241/87 establishing certain control measures for fishing activities, Member States are required to notify to the Commission a condition inserted in licences giving authorization to fish against their quotas which they grant to vessels flying their flag. However, failure to notify a national control measure such as the condition described above does not affect its validity under Community law; the notification requirement, which may be satisfied after the measure is adopted, was laid down for the purposes of information only.
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1. Agriculture ° Common organization of the markets ° Wine ° Distillation ° Disposal of alcohol ° Tendering system ° Commission' s right to refuse to take action on a special sale procedure which led to valid tenders ° Refusal ° Reasoning ° Scope of the duty

(EEC Treaty, Art. 190; Council Regulation No 3877/88, Art. 2; Commission Regulation 1780/89, Art. 23)

2. Agriculture ° Common organization of the markets ° Wine ° Distillation ° Disposal of alcohol ° Tendering system ° Guarantee conditions imposed on participating undertakings ° Exclusion of undertakings not able to satisfy them ° Discrimination ° None

(Council Regulations Nos 822/87, Art. 40(3), and 3877/88, Art. 1(2))

Summary

1. In disposing of vinous alcohol held by intervention agencies the Commission is entitled to refuse to take action on a special sale by tender in which valid tenders have been submitted when it considers that there is a risk of disturbance of the markets. That right arises from the provisions of Article 2 of Regulation No 3877/88 and Article 23 of Regulation No 1780/89 and from the duty imposed on the Commission by Regulation No 3877/88 to ensure that the disposal of vinous alcohol does not disturb the markets in alcohol and spirituous beverages, or create additional difficulties in other sectors or affect competition with the products for which alcohol may serve as a substitute.

If it is not to be in breach of the duty to state reasons laid down in Article 190 of the Treaty, a Commission decision refusing to take action on a special tender procedure in which valid tenders have been submitted may not be confined to stating mere factual observations which influenced it but must also, in a field in which the Commission has a wide power for the assessment of complex economic situations, state the effect which they had on the evaluation of the risk of market disturbances.

2. Since the Commission is placed under a duty by Regulation No 3877/88 to ensure that the disposal of vinous alcohol does not disturb the markets, it is normal for it to require strict guarantees from the undertakings wishing to participate in tender procedures organized for such disposal. The fact that those guarantee conditions exclude from the procedure undertakings which are unable to satisfy those conditions does not constitute a breach of the principle of equal treatment as laid down in Article 40(3) of Regulation No 822/87 and Article 1(2) of Regulation No 3877/88. Such an exclusionary effect is inherent in any guarantee condition.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Allocation of reference quantities exempt from the levy ° Producers who suspended their deliveries under the system of non-marketing or conversion premiums ° Grant of a special reference quantity ° Exclusion of farmers who let their holding at the end of their conversion obligation ° Infringement of the principles of the protection of legitimate expectations and non-discrimination ° None

(Council Regulations No 1078/77 and No 857/84, Arts 3a(1)(b) and 12(c) and (d), as amended by Regulation No 764/89; Commission Regulation No 1546/88, Art. 3a, as amended by Regulation No 1033/89)

Summary

It follows from the definitions of "producer" and "holding" in Article 12(c) and (d) of Regulation No 857/84 that Article 3a of Regulation No 1546/88, as amended by Regulation No 1033/89, must be interpreted as meaning that a farmer who let his holding at the end of a conversion obligation undertaken pursuant to Regulation No 1078/77 cannot be regarded as a producer still operating the same holding as the one he operated at the time of the approval of his application for a conversion premium, and he therefore loses the right to a special reference quantity under Article 3a(1) of Regulation No 857/84, as amended by Regulation No 764/89.

The exclusion of such farmers is simply the consequence of Article 3a(1)(b) of Regulation No 857/84, as amended, which makes the grant of a reference quantity subject to the condition that the producer establishes that he is able to produce on his holding up to the reference quantity requested, and does not infringe the principle of the protection of legitimate expectations, since farmers who, at the end of their conversion period, gave up milk production by letting their holding could not legitimately expect a common organization of the market to confer on them a commercial advantage such as a reference quantity which did not derive from their farming activity. Nor may their exclusion be described as discriminatory, in so far as the difference in treatment between farmers who let their holding before the amendment to Regulation No 857/84 and those still having the status of producer when that amendment was adopted is objectively justified by the need to prevent a reference quantity from being claimed for the sole purpose of deriving a purely financial advantage therefrom, without there being any real intention on the part of the person concerned of resuming the marketing of milk.
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Social policy ° European Social Fund ° Assistance in the financing of vocational training measures ° Decision reducing assistance originally granted ° Opportunity for the Member State concerned to comment prior to the adoption of the decision ° Essential procedural requirement ° Infringement ° Unlawfulness

(Council Regulation No 2950/83, Art. 6(1))

Summary

In view of the central role played by the Member State concerned in the procedure for the grant by the European Social Fund of financial assistance for vocational training and guidance and the importance of the responsibilities which it assumes in the presentation and supervision of the financing of training measures, its opportunity under Article 6(1) of Regulation No 2950/83 to comment before a definitive decision reducing assistance is adopted constitutes an essential procedural requirement the disregard of which renders the contested decision void.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Rules prohibiting retailers from opening their premises on Sundays ° Permissible

(EEC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Allocation of reference quantities exempted from the levy ° Producers who suspended their deliveries under the scheme for non-marketing or conversion premiums ° Grant of a specific reference quantity ° Exclusion of producers prevented by incapacity for work from delivering milk between the expiry of their undertaking and the reference year adopted by the Member State concerned ° Breach of the principles of the protection of legitimate expectations and non-discrimination ° None

(Council Regulation No 857/84, Arts 3(3) and 3a, as amended by Regulations Nos 764/89 and 1639/91)

Summary

The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a reference quantity to a producer whose conversion period, in performance of an undertaking given under Regulation No 1078/77, expired before 1 January 1983, even though that producer was prevented by an occupational incapacity from delivering milk between the expiry of his undertaking and the end of 1983, the reference year adopted by the Member State concerned.

The rules, thus construed, do not infringe the principle of the protection of legitimate expectations, since that principle does not require the grant of a reference quantity to be made available to a producer who did not, on the expiry of his conversion period, resume milk production as a result of an occupational incapacity and consequently did not make any milk deliveries during the reference year adopted by the Member State concerned. Nor can such a producer rely, for the purpose of obtaining a reference quantity, on the quantity of milk that he would have delivered during either of the remaining two years within the period 1981 to 1983 if, during those years, he had not been bound by his undertaking.

Those rules likewise do not infringe the prohibition of discrimination, since the difference of treatment suffered by such a producer by virtue of his being unable to prove deliveries during 1981 and 1982 and therefore not being entitled to request that another reference year be taken into account, stems from the fact that the rules in question do not allow account to be taken of a reference year outside the period 1981 to 1983 or of a theoretical quantity calculated on the basis of milk deliveries made during a period prior to 1981. Such an exclusion is objectively justified by the need to limit the number of years which may be taken as reference years, in the interests of both legal certainty and the effectiveness of the additional levy system.