ddrg/super_eurlex huggingface dataset:
Article 8(1) of Directive 83/189/EEC of the Council of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, and Article 8(1) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that the penalty of unenforceability of a technical regulation which has not been notified, such as Article 16(1) and (2) of the Regulamento que estabelece as condições de segurança a observar na localização, implantação, conceção e organização funcional dos espaços de jogo e recreio, respetivamente, equipamento e superfícies de impacto (Regulation on the mandatory safety requirements regarding the localisation, implementation, design and functional organisation of play and recreation areas and their equipment and impact surfaces), annexed to Decreto-Lei No 379/97 (Decree-Law No 379/97), of 27 December 1997, as amended by Decreto-Lei No 119/2009 (Decree-Law No 119/2009), of 19 May 2009, applies only to that technical regulation and not to the entire legislative text in which it is contained.
3

Recitals 2 and 4 to 6 of Regulation No 1889/2005 are worded as follows: ‘(2) The introduction of the proceeds of illegal activities into the financial system and their investment after laundering are detrimental to sound and sustainable economic development. Accordingly, Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering [OJ 1991 L 166, p. 77] introduced a Community mechanism to prevent money laundering by monitoring transactions through credit and financial institutions and certain types of professions. As there is a risk that the application of that mechanism will lead to an increase in cash movements for illicit purposes, Directive 91/308 … should be supplemented by a control system on cash entering or leaving the Community. … (4) Account should also be taken of complementary activities carried out in other international fora, in particular those of the Financial Action Task Force on Money Laundering (FATF), which was established by the G7 Summit held in Paris in 1989. Special Recommendation IX of 22 October 2004 of the FATF calls on governments to take measures to detect physical cash movements, including a declaration system or other disclosure obligation. (5) Accordingly, cash carried by any natural person entering or leaving the Community should be subject to the principle of obligatory declaration. This principle would enable the customs authorities to gather information on such cash movements and, where appropriate, transmit that information to other authorities. … (6) In view of its preventive purpose and deterrent character, the obligation to declare should be fulfilled upon entering or leaving the Community. However, in order to focus the authorities’ action on significant movements of cash, only those movements of EUR 10000 or more should be subject to such an obligation. Also, it should be specified that the obligation to declare applies to the natural person carrying the cash, regardless of whether that person is the owner.’
22

In this case, the interpretation of the first sentence of Article 42(1) of Regulation No 1698/2005 which follows from the national legislation leads, in particular in the circumstances of the main proceedings, to a reversal of the relationship between the rule laid down by that provision and the exception set out in Article 30(4)(a) of Regulation No 1974/2006. The principle established in Article 42(1) of Regulation No 1698/2005 is that Natura 2000 support is to be paid to private owners and their associations. However, in the circumstances of the main proceedings, even though only a negligible part of the forest area in question is owned by the State, the refusal to pay any support to the private owner who owns most of that area effectively makes the exception the rule.
15

Also in Section 2, Subsection 2, Part 1, is Paragraph 23 of that law, itself entitled ‘Identification and checking of papers’, subparagraphs 1 and 3 of which are worded as follows: ‘(1) The Federal Police may check the identity of a person 1. to prevent a danger, 2. for the purpose of police checks on cross-border traffic, 3. within 30 kilometres of the border for the purpose of preventing or terminating any unauthorised entry into Federal territory or preventing criminal offences within the meaning of points (1) to (4) of Paragraph 12(1), 4. where the person is present in an establishment of the Federal Police (Paragraph 1(3)), on the premises or in an installation of the federal railways (Paragraph 3), on premises used for air transport or an installation of a passenger airport (Paragraph 4), at the seat of a constitutional body or federal ministry (Paragraph 5), at a border crossing point (Paragraph 61) or in close proximity to those premises and there are facts to justify the supposition that criminal offences are to be committed there whereby persons on those premises or the premises themselves are threatened directly, and the identity check is necessary owing to the present danger or information concerning the person, or 5. for the protection of private rights. … (3) For the purposes of identification, the Federal Police may take the necessary measures. It may in particular stop the person concerned, question him on his identity and require him to hand over his identity documents for examination. During the police check on border traffic, the Federal Police may also require that the person concerned provide documents valid for crossing the border. The person concerned may be arrested and taken to the police station if his identity or right to cross the border cannot be established in another way or only with serious difficulty. Under the conditions stipulated in the fourth sentence, the person concerned and the articles carried by him may be searched for objects capable of establishing his identity. …’
13

Under the heading ‘Compulsory insurance of vehicles’, Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ 2009 L 263, p. 11) states: ‘Each Member State shall, subject to Article 5, take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance. The extent of the liability covered and the terms and conditions of the cover shall be determined on the basis of the measures referred to in the first paragraph. Each Member State shall take all appropriate measures to ensure that the contract of insurance also covers: (a) according to the law in force in other Member States, any loss or injury which is caused in the territory of those States; (b) any loss or injury suffered by nationals of Member States during a direct journey between two territories in which the Treaty is in force, if there is no national insurers’ bureau responsible for the territory which is being crossed; in such a case, the loss or injury shall be covered in accordance with the national laws on compulsory insurance in force in the Member State in whose territory the vehicle is normally based. The insurance referred to in the first paragraph shall cover compulsorily both damage to property and personal injuries.’
7

Article 15 of Royal Decree No 240/2007 states: ‘1. Where necessary on grounds of public policy, public security or public health, any of the following measures may be adopted in respect of a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, or in respect of his family members: … (c) order of expulsion or return from Spanish territory. A decision to expel a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, or any of his family members, irrespective of their nationality, who have acquired the right of permanent residence in Spain, may be adopted only on serious grounds of public policy or public security. Furthermore, before adopting such a decision, consideration must be given to the length of residence and social and cultural integration of the person concerned in Spain, his age, health status, family and economic situation, and the significance of his links with his country of origin. … 4. In cases in which an expulsion decision is to be enforced more than two years after it was issued, the competent authorities must ascertain and assess any changes in circumstances that may have occurred since the expulsion decision was adopted, and whether the threat public policy or public security represented by the person concerned is genuine. 5. Adoption of any of the measures provided for in paragraphs 1 to 4 above shall meet the following criteria: (a) it shall be adopted in accordance with the legislation governing public policy and public security and the regulatory provisions in force in that regard; (b) it may be revoked ex officio or at the request of the person concerned if the grounds on which it was adopted no longer exist; (c) it may not be adopted for economic purposes; (d) when it is adopted on grounds of public policy or public security, it must be based exclusively on the personal conduct of the person against whom it is directed, who must, in any case, represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, and who will be assessed, by the competent adjudicatory body, on the basis of such reports of the police, prosecution or judicial authorities as are contained in the case file. Previous criminal convictions shall not in themselves constitute grounds for taking such measures. …’
3

Recitals 5, 6, 8 and 20 of Regulation No 139/2004 read as follows: ‘(5) … it should be ensured that the process of reorganisation does not result in lasting damage to competition; Community law must therefore include provisions governing those concentrations which may significantly impede effective competition in the common market or in a substantial part of it. (6) A specific legal instrument is therefore necessary to permit effective control of all concentrations in terms of their effect on the structure of competition in the Community and to be the only instrument applicable to such concentrations. Regulation (EEC) No 4064/89 has allowed a Community policy to develop in this field. In the light of experience, however, that Regulation should now be recast into legislation designed to meet the challenges of a more integrated market and the future enlargement of the European Union. In accordance with the principles of subsidiarity and of proportionality as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve the objective of ensuring that competition in the common market is not distorted, in accordance with the principle of an open market economy with free competition. … (8) The provisions to be adopted in this Regulation should apply to significant structural changes, the impact of which on the market goes beyond the national borders of any one Member State. Such concentrations should, as a general rule, be reviewed exclusively at Community level, in application of a “one-stop shop” system and in compliance with the principle of subsidiarity. … (20) It is expedient to define the concept of concentration in such a manner as to cover operations bringing about a lasting change in the control of the undertakings concerned and therefore in the structure of the market. It is therefore appropriate to include, within the scope of this Regulation, all joint ventures performing on a lasting basis all the functions of an autonomous economic entity. It is moreover appropriate to treat as a single concentration transactions that are closely connected in that they are linked by condition or take the form of a series of transactions in securities taking place within a reasonably short period of time.’
5

Article 3(1) to (4) of that Framework Decision, headed ‘Taking into account, in the course of new criminal proceedings, a conviction handed down in another Member State’, provide: ‘1. Each Member State shall ensure that in the course of criminal proceedings against a person, previous convictions handed down against the same person for different facts in other Member States, in respect of which information has been obtained under applicable instruments on mutual legal assistance or on the exchange of information extracted from criminal records, are taken into account to the extent previous national convictions are taken into account, and that equivalent legal effects are attached to them as to previous national convictions, in accordance with national law. 2. Paragraph 1 shall apply at the pre-trial stage, at the trial stage itself and at the time of execution of the conviction, in particular with regard to the applicable rules of procedure, including those relating to provisional detention, the definition of the offence, the type and level of the sentence, and the rules governing the execution of the decision. 3. The taking into account of previous convictions handed down in other Member States, as provided for in paragraph 1, shall not have the effect of interfering with, revoking or reviewing previous convictions or any decision relating to their execution by the Member State conducting the new proceedings. 4. In accordance with paragraph 3, paragraph 1 shall not apply to the extent that, had the previous conviction been a national conviction of the Member State conducting the new proceedings, the taking into account of the previous conviction would, according to the national law of that Member State, have had the effect of interfering with, revoking or reviewing the previous conviction or any decision relating to its execution.’
7

Article 285 of the Codigo do trabalho (Employment Code), approved by Law No 7/2009 of 12 February 2009, provides: ‘1. In the event of transfer, by whatever means, of the ownership of an undertaking or business or a part of an undertaking or business that constitutes an economic unit, the capacity of employer under the employment contracts of the employees concerned shall be transferred to the purchaser, together with the liability to pay any fines imposed in respect of employment law infringements. 2. The transferor shall be jointly and severally liable, in respect of obligations which came into being up to the date of the transfer, for the period of one year following that transfer. 3. The provisions of the preceding paragraphs shall also apply to the transfer, assignment or resumption of control of the operation of an undertaking, business or economic unit and, in the event of assignment or resumption, the party carrying out that operation immediately before the assignment or resumption shall be jointly and severally liable. 4. The preceding paragraphs shall not apply to an employee who, before the transfer, has been transferred by the transferor to another business or economic unit, within the meaning of Article 194, while being retained in the transferor’s service, with the exception of matters concerning the liability of the transferor regarding payment of any fines imposed in respect of employment law infringements. 5. An organised grouping of resources which has the objective of pursuing an economic activity shall be considered to be an economic unit, whether that activity is central or ancillary. 6. Infringement of the first paragraph and the first part of the third paragraph constitutes an aggravated infringement.’
3

Article 1 of Commission Regulation (EU) No 1072/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ 2012 L 318, p. 28) provides: ‘1. A provisional anti-dumping duty is hereby imposed on imports of ceramic tableware and kitchenware, excluding ceramic knives, currently falling within CN codes ex 6911 10 00, ex 6912 00 10, ex 6912 00 30, ex 6912 00 50 and ex 6912 00 90 (TARIC codes 6911 10 00 90, 6912 00 10 11, 6912 00 10 91, 6912 00 30 10, 6912 00 50 10 and 6912 00 90 10) and originating in the People’s Republic of China. 2. The rate of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below, shall be as follows: Company Duty (%) TARIC Additional Code Hunan Hualian China Industry Co., Ltd; Hunan Hualian Ebillion Industry Co., Ltd; Hunan Liling Hongguanyao China Industry Co., Ltd; Hunan Hualian Yuxiang China Industry Co., Ltd 26.8% B349 Guangxi Sanhuan Enterprise Group Holding Co., Ltd 31.2% B350 CHL Porcelain Industries Ltd 30.0% B351 Shandong Zibo Niceton-Marck Huaguang Ceramics Limited; Zibo Huatong Ceramics Co., Ltd; Shandong Silver Phoenix Co., Ltd; Niceton Ceramics (Linyi) Co., Ltd; Linyi Jingshi Ceramics Co., Ltd 17.6% B352 Guangxi Province Beiliu City Laotian Ceramics Co., Ltd 23.0% B353 Companies listed in Annex I 26.6% B354 All other companies 58.8% B999 3. The application of the provisional anti-dumping duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex II. If no such invoice is presented, the duty applicable to all other companies shall apply. 4. The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty. 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.’
5

In the version cited by the referring court, Paragraph 4c of that law, entitled ‘Tax guarantee’, provides: ‘(1) The taxable person that has filed a tax registration application pursuant to Paragraph 4(1) and (2) is required to lodge a tax guarantee in the form of a cash deposit made to the account of the tax office, or in the form of a bank guarantee provided by a bank without reservations for a period of 12 months, at the disposal of the tax office and in the amount of the tax guarantee specified …, if: … (c) the executive officer or an associate member of that taxable person is a natural or legal person that is or was an executive officer or associate member of another legal person, 1. which has, or had at the date of its dissolution, an outstanding tax debt of [EUR] 1000 or more which accumulated over the period in which that natural or legal person was its executive officer or an associate member thereof, and which has not been paid by the date of submission of the tax registration application, … (2) The tax office shall issue a decision specifying the amount of the tax guarantee applicable to the applicant for registration referred to in subparagraph (1), which shall be no less than [EUR] 1000 and no more than [EUR] 500000. When determining the amount of the tax guarantee, the tax office shall take into consideration the risk of the taxable person failing to pay tax that falls due. The applicant for registration is required to provide the tax guarantee within 20 days of the notification of the decision requiring the provision of a guarantee.’
10

Article 104(1) and (2) of that regulation provides: ‘1. [An EU] trade mark court hearing an action referred to in Article 96, other than an action for a declaration of non-infringement shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the [EU] trade mark is already in issue before another [EU] trade mark court on account of a counterclaim or where an application for revocation or for a declaration of invalidity has already been filed at [EUIPO]. 2. [EUIPO], when hearing an application for revocation or for a declaration of invalidity shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the [EU] trade mark is already in issue on account of a counterclaim before [an EU] trade mark court. However, if one of the parties to the proceedings before the [EU] trade mark court so requests, the court may, after hearing the other parties to these proceedings, stay the proceedings. [EUIPO] shall in this instance continue the proceedings pending before it.’
24

In those circumstances, the Augstākā tiesa (Supreme Court) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Should Article 29(1) of [the Customs Code] be interpreted as meaning that the method laid down in that article is also applicable when the import of the goods and their release for free circulation in the customs territory of the Community took place as a consequence of the fact that during the transit procedure the goods were removed from customs supervision, the goods concerned being goods liable to import duties, and the goods were not sold for export to the customs territory of the Community but for export outside the Community? (2) Should the expression ‘sequentially’ used in Article 30(1) of [the Customs Code], in the light of the right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union read together with the principle that reasons must be stated for administrative measures, be interpreted as meaning that, in order to be able to conclude that the applicable method is that set out in Article 31 of [the Customs Code], the customs authorities are under an obligation to state in all administrative measures why in those specific circumstances the methods for determination of customs value of goods set out in Articles 29 and 30 cannot be used? (3) Should it be deemed to be sufficient, to exclude the application of the method in Article 30(2)(a) of the Customs Code, that the customs authority declare that it does not have in its possession the appropriate information, or is the customs authority obliged to obtain information from the producer? (4) Must the customs authority state reasons why the methods established in Article 30(2)(c) and (d) of the Customs Code are not to be used, if it determines the price of similar goods on the basis of Article 151(3) of [the Implementing Regulation]? (5) Must the decision of the customs authority contain a full statement of reasons as to what data is available in the Community, within the meaning of Article 31 of the Customs Code, or can it produce that statement of reasons subsequently, in [legal] proceedings, submitting more complete evidence?’