ddrg/super_eurlex huggingface dataset:
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Free movement of persons - Workers - Equal treatment - Exercise of trade-union rights - National legislation excluding foreign workers from taking part in the election of members of an occupational guild to which they are compulsorily affiliated - Not permissible - Justification based on the participation in some circumstances in the exercise of powers conferred by public law - None

(Regulation No 1612/68 of the Council, Art. 8(1) )

Summary

Article 8(1) of Regulation No 1612/68 constitutes a particular expression of the principle of non-discrimination in the specific field of workers' participation in trade-union organizations and activities and its scope cannot be limited on the basis of considerations relating to the legal form of the body in question. On the contrary, the exercise of the trade-union rights referred to in that provision extends beyond the bounds of trade-union organizations in the strict sense and includes, in particular, the participation of workers in bodies which, while not being, in law, trade-union organizations, perform similar functions as regards the defence and representation of workers' interests.

That provision must therefore be interpreted as meaning that it precludes legislation refusing workers the right to vote in elections of members of an occupational guild to which they are compulsorily affiliated, to which they must pay contributions, which is responsible for defending the interests of affiliated workers and which performs a consultative function in the legislative field. Neither the legal nature of the guild in question under national law nor the fact that certain of its functions could involve participation in the exercise of powers conferred by public law can justify the exclusion of workers from other Member States from participation in the election of members of that guild.
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1. Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Products subject to the levy - Products released into free circulation without a valid import licence - Included

(Commission Regulation No 3429/80, Art. 1)

2. Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Fixed at a flat rate based on the cost of grade 1 preserved mushrooms produced in the Community - Disproportionate financial charge for importers of lower-grade products - Breach of the principle of proportionality - Unlawful

(Council Regulation No 521/77, Art. 2(2); Commission Regulation No 3429/80, Art. 1)

Summary

1. The additional amount provided for in Article 1 of Regulation No 3429/80 adopting protective measures applicable to imports of preserved mushrooms must be levied not only on imports in excess of the quantities for which an import licence has been issued but also where it becomes apparent, following the release of such preserved products into free circulation in the Community, that the import licence accompanying them was not valid.

2. By fixing, by Regulation No 3429/80, the additional amount on imports of preserved mushrooms at a flat rate corresponding to the cost price on the Community market of grade 1 preserved mushrooms originating in the leading producing country in the Community, the Commission infringed the principle of proportionality. It was not necessary to fix that amount at such a level in order to achieve the objective pursued by its introduction, namely the prevention of disturbances on the Community market, and thereby penalize importers of lower-grade mushrooms by imposing a disproportionate financial charge on them. That was not the objective pursued by the levy of the amount in question and in any event Article 2(2) of Regulation No 521/77 authorized the Commission to take account, inter alia, of the origin or quality of the mushrooms and if necessary, in the light of those factors, to fix additional amounts of different levels. Accordingly, Article 1 of Regulation No 3429/80 is invalid as regards the level of the additional amount fixed.
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Transport - Road transport - Social legislation - Repeal and replacement of a regulation by a new regulation - Substitution of the new regulation for the old in references to the latter - Scope restricted to the field of Community law

(Council Regulation No 3820/85, Art. 18)

Summary

Article 18(2) of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport, under which references to Regulation No 543/69, which is repealed by paragraph (1) of that article, "shall be construed as references to this regulation", is to be interpreted as meaning that it relates to references made by other Community measures but not to references to the repealed regulation appearing in provisions of national law for the implementation thereof.
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1. Agriculture - Common organization of markets - Milk and milk products - Additional milk levy - Rules concerning transfer of reference quantities upon transfer of part of a holding - Lack of criteria laid down by the Member State concerned - Distribution among the operators concerned in proportion to the areas used for milk production

(Article 7(4) of Council Regulation No 857/84; point 2 of first para. of Article 7 of Commission Regulation No 1546/88)

2. Agriculture - Common organization of markets - Milk and milk products - Additional milk levy - Rules concerning transfer of reference quantities upon transfer of part of a holding - Lack of criteria laid down by the Member State concerned - Option for Member States to lay down objective criteria for distribution - "Objective criteria" - Concept

(Point 2 of first para. of Article 7 of Commission Regulation No 1546/88)

Summary

1. Point 2 of the first paragraph of Article 7 of Commission Regulation (EEC) No 1546/88 concerning, in the context of the milk-levy system, the devolution of levy-free reference quantities upon the transfer of a holding, is to be interpreted as meaning that when a Member State has neither laid down other objective criteria within the meaning of that provision nor implemented Article 7(4) of Council Regulation (EEC) No 857/84, as amended by Council Regulation (EEC) No 590/85, the reference quantity corresponding to that holding must be distributed, upon transfer of a part thereof, among the operators concerned solely in proportion to the areas used for milk production, and no account may be taken of any other factors such as buildings forming part of the holding.

2. The concept of "objective criteria" within the meaning of point 2 of the first paragraph of Article 7 of Commission Regulation (EEC) No 1546/88, which the Member States may lay down for the distribution of reference quantities exempt from the milk levy in the case of transfer of part of the holding, refers to objectively verifiable criteria of general application laid down in advance which are beyond the control of the operators concerned and which relate to the properties of the holding involved or of the agricultural activities carried out on it.

National legislation which primarily makes the determination of the manner in which a reference quantity is to be transferred a matter for agreement between the parties concerned and provides only secondarily, in default of such agreement, for a distribution by the courts in proportion to the areas used for milk production cannot be regarded as laying down "objective criteria".
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Agriculture - Common organization of the markets - Cereals - Price rules - National intervention - National charge imposed on certain products coming within the common organization - Not permissible where there is a risk of disturbing the operation of the machinery of the common organization - Matter to be determined by the national court

Summary

A common organization of the market such as that established in the cereals sector by Regulation No 2727/75 puts into effect machinery the essential aim of which is to achieve price levels at the production and wholesale stages which take into account both the interests of Community production as a whole in the relevant sector and those of consumers, and which guarantee supplies without encouraging over-production. It is incompatible with the operation of such machinery for a Member State to levy a charge which is imposed over a prolonged period on a limited number of products coming within the common organization in question where, by having an appreciable influence on price levels on the market, that charge is likely to encourage economic agents to alter the structure of their production or consumption.

It is for the national court to determine whether the charge at issue in a dispute before it has had such effects.
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Freedom of movement for persons - Freedom of establishment - Freedom to provide services - National rules which reserve certain activities in the real-estate sector to persons practising as estate agents within a regulated profession - Permissibility

(Council Directive 67/43/EEC)

Summary

Directive 67/43/EEC concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons concerned with: 1. matters of "Real Estate" (excluding 6401) (ISIC Group ex 640), 2. the provision of certain "Business services not elsewhere classified" (ISIC Group 839), does not preclude national rules which reserve certain activities in the real-estate sector to persons practising as estate agents within a regulated profession.
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1. Social security for migrant workers - Legislation applicable - Single system principle - Scope - Not applicable to recipients of early retirement or supplementary pensions

(Council Regulation No 1408/71, Arts 13(2) and 14 to 17)

2. Social security for migrant workers - Community rules - Matters covered - Provisions of industrial agreements - Excluded - Collection by a Member State of contributions deducted from pensions paid under industrial agreements in respect of a risk borne by another Member State - Whether permissible

(Council Regulation No 1408/71, Arts 1(j) and 33)

Summary

1. The principle of a single system of legislation applicable to workers moving within the Community only applies to the situations referred to in Articles 13(2) and 14 to 17 of Regulation No 1408/71, which lay down the conflict rules to be applied in each situation.

Since recipients of an early retirement or supplementary pension are not in one of the situations referred to in Articles 13(2) or 14 to 17, the principle that a single system of legislation should apply cannot be invoked for their benefit.

2. National social security schemes introduced under agreements concluded by the competent authorities with trade or inter-trade bodies or under collective agreements concluded between both sides of industry which have not been the subject of a declaration mentioned in the second paragraph of Article 1(j) of Regulation No 1408/71 do not constitute legislation within the meaning of the first paragraph of Article 1(j) and the benefits which they provide do not come within the matters covered by that regulation. Article 33 of the regulation, which prohibits Member States from making deductions from statutory pensions received by nationals of EEC countries where the cost of the benefits received in return is not borne by one of their institutions, cannot therefore be invoked against a Member State which, under its sickness and maternity scheme, introduces a contribution which is deducted from payments of early retirement or supplementary pensions provided for under industrial agreements, where such payments are made to persons resident in another Member State who enjoy sickness benefits under the legislation of that other State.
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1. Free movement of goods - Customs duties - Charges having equivalent effect - Internal taxation - Parafiscal charge levied on domestic and imported products but benefiting only domestic products - Basis for classification - Article 30 of the Treaty not applicable

(EEC Treaty, Arts 12, 30 and 95)

2. State aids - Concept - Parafiscal charge levied on domestic and imported products but benefiting only domestic products - Included - Conditions

(EEC Treaty, Arts 92 and 93)

3. State monopoly of a commercial character - Parafiscal charge unconnected with the exercise of the exclusive rights existing under a monopoly - Article 37 of the Treaty not applicable

(EEC Treaty, Art. 37)

Summary

1. A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, constitutes a charge having an effect equivalent to customs duties prohibited by Article 12 of the EEC Treaty. If, on the other hand, those advantages only partly offset the charge borne by domestic products, the charge in question constitutes discriminatory taxation prohibited by Article 95 of the Treaty, the collection of which is prohibited as regards the proportion of it used to offset the burden of the charge borne by domestic products.

Such a parafiscal charge, being governed by Article 12 et seq. or Article 95 of the Treaty, is not governed by Article 30 thereof.

2. A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, may, depending on how the revenue from it is used, constitute State aid incompatible with the common market if the conditions for the application of Article 92 of the Treaty are met, it being understood that a finding that those conditions are met must be made in accordance with the procedure laid down for that purpose in Article 93 of the Treaty.

3. Article 37 of the Treaty does not prohibit the introduction of a parafiscal charge which is created independently of the rules governing the importation and marketing of petroleum in force in a Member State and is unconnected with the exercise of the exclusive rights provided for by those rules.
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1. Officials - Rights and duties - Disclosure of official information - Giving evidence before a national court - Requirement in all cases of prior permission from the appointing authority

(Staff Regulations, Art. 19)

2. European Communities - Institutions - Obligations - Assistance to be given to national authorities to ensure compliance with Community law - Refusal to grant an official permission to give evidence - Unlawful refusal

Summary

1. It follows from Article 19 of the Staff Regulations that where an official is called to give evidence before a national court on the subject of information allegedly disclosed to third parties by him in his official capacity, he must obtain prior permission for this from his institution, and no distinction is to be made in this respect between information covered and information not covered by his duty of discretion.

2. Where the testimony of an official, required by a national court with the aim of ascertaining whether the official provided the national authorities responsible for implementation of the common agricultural policy with a particular interpretation of a rule, is not liable to affect the relations which the Commission' s services must have with national administrations, the Commission cannot refuse the permission referred to in Article 19 of the Staff Regulations.
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Procedure ° Action brought before the Court under an arbitration clause ° Jurisdiction of the Court defined exclusively by Article 181 of the Treaty and the arbitration clause ° Provisions of national law on jurisdiction not applicable

(EEC Treaty, Art. 181)

Summary

While, under an arbitration clause entered into pursuant to Article 181 of the EEC Treaty, the Court may be called on to decide a dispute on the basis of the national law governing the contract, its jurisdiction to determine a dispute concerning that contract falls to be determined solely with regard to Article 181 of the EEC Treaty and the terms of the arbitration clause, and this cannot be affected by provisions of national law which allegedly exclude its jurisdiction.
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Common Customs tariff - Amendment or suspension of import duty - Description of the products concerned - Interpretation - Criteria - "Reed switches containing not more than a small quantity of mercury" - Reed switches containing no mercury - Inclusion

(Council Regulations No 3696/88, Art. 1, and No 1656/89, Art. 1)

Summary

The ambiguous wording used in the Annex to Regulations No 3696/88 and No 1656/89, both temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (in the microelectronics and related sectors), namely (CN Code ex 8536 5000) "Reed switches in the form of a glass capsule containing not more than three electrical contacts on metal arms and a small quantity of mercury", must, in view of the fact that duty was suspended because of inadequate production within the Community of switches containing little or no mercury and because of the need for such products to be available to user industries in the Community, whereas Community production of switches containing a large quantity of mercury is adequate, be interpreted as meaning that switches containing no mercury qualify for the suspension of customs duty.
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Freedom of movement for persons ° Freedom of establishment ° Workers ° Medical practitioners, dentists and veterinary surgeons ° Access to those professions ° Restrictions justified on public health grounds ° Whether permissible ° Conditions and limits ° Single-practice rule barring access to the professions where a practice is maintained in another Member State ° Incompatibility with Treaty

(EEC Treaty, Arts 48 and 52)

Summary

Nationals of a Member State who practise their profession in another Member State are bound to observe the rules that govern the practice in that Member State of the profession in question. Where the professions of doctor, dentist and veterinary surgeon are concerned, those rules are in particular those inspired by concern to protect the health of humans and animals as efficiently and fully as possible. However, in so far as the rules have the effect of restricting the right of establishment and the freedom of movement of workers, they are compatible with the Treaty only if the restrictions which they entail are actually justified by the general obligations inherent in the practice of the professions in question and are imposed on nationals of that State as well as on nationals of other Member States. That is not the case where the restrictions are liable to create discrimination against practitioners established in other Member States or raise obstacles to access to the profession which go beyond what is necessary to achieve the intended objectives.

Consequently, national legislation providing for the single-practice rule and having the effect of preventing doctors, dentists and veterinary surgeons established in another Member State or working there as employed persons from establishing themselves or working as employed persons while maintaining their practice or employment in that Member State is incompatible with Articles 48 and 52 of the Treaty. Such legislation, which is in any event applied more strictly to practitioners practising in other Member States than to those practising in the national territory, is too absolute and general in nature for it to be justified by the need to provide permanent care and to organize the emergency service efficiently, aims which could be achieved in less restrictive ways.
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Approximation of laws ° Proprietary medicinal products ° Definition of medicinal products in Directive 65/65 ° Application by the national authorities to a given product ° Discretion ° Classification as medicinal products of eye lotions intended for use after harmful substances have come into contact with the eye ° Whether permissible

(Council Directive 65/65, Art. 1(2))

Summary

At the present stage in the harmonization of national rules on the production and distribution of pharmaceutical products, it is for the national authorities to determine, subject to review by the courts, for each product, having regard to all of its characteristics, in particular its composition, its pharmacological properties as they may be ascertained in the current state of scientific knowledge, the way in which it is used, the extent to which it is sold, its familiarity to the consumer and the risks which its use might entail, whether or not it constitutes a medicinal product within the meaning of the definition set out in Article 1(2) of Directive 65/65.

The authorities of a Member State which classify as medicinal products eye lotions which may be used as first aid at the workplace in order to remove from the eyes dust and dangerous chemical substances by neutralizing them by chemical reaction and eliminating them mechanically by rinsing are not exceeding the bounds of their discretion, where it is not disputed that the lotions in question are intended to be used, after a substance has accidentally come into contact with the eye, in order to prevent potentially serious consequences, that if they are ineffective the consequences may be harmful and that they are classified as medicinal products by the European Pharmacopoeia Commission of the Council of Europe.