ddrg/super_eurlex huggingface dataset:
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1. Social security for migrant workers - Community rules - Matters covered - Employment relationship between worker and employer - Excluded

(Council Regulation No 1408/71, Art. 4(1) )

2. Social security for migrant workers - Applicable legislation - Mariners - Worker employed on board a vessel flying the flag of a Member State other than the one in which the undertaking remunerating him has its registered office - Legislation of the Member State in which the undertaking has its registered office and the worker is resident - Provision of the applicable national legislation making affiliation to the social security scheme and the validity of the mariner' s contract of employment subject to the condition that the vessel is flying the national flag - Application precluded

(Council Regulation No 1408/71, Art. 14(2)(c) )

Summary

1. Regulation No 1408/71, which applies only to legislation relating to the various branches of social security, contains no conflict rules concerning the legislation applicable to the employment relationship between worker and employer.

2. Article 14(2)(c) of Regulation No 1408/71, in the version in force in February 1980, must be interpreted as meaning that it has the effect of precluding the application to a worker employed on board a vessel flying the flag of a member State who is remunerated for that work by an undertaking whose registered office is in another Member State in which the worker is himself resident or to his beneficiaries of a provision of the legislation of the latter Member State under which admission to the social security scheme provided for is made subject to the condition that the vessel on board which the worker is employed is flying the flag of that Member State, and also of any provision of that legislation providing that a contract is null and void to the extent to which it has the effect of leaving without social security cover any person falling within the scope of the regulation and of preventing the conflict rule laid down in Article 14(2)(c) aforesaid from being fully effective.
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Member States - Obligations - Supervising role conferred on the Commission - Duty of the Member States - Directive imposing an obligation to provide information concerning its implementation - Obligation to communicate the reasons why there is no need to adopt implementing measures

(EEC Treaty, Arts 5 and 155)

Summary

An obligation imposed on Member States by a directive to provide the Commission with full information on the measures which they have adopted in order to comply with the directive or, as the case may be, on existing provisions which already ensure its application, also means that, if a Member State considers that certain provisions of the directive do not necessitate the adoption by it of measures to implement it domestically, that State must, before the expiry of the period of implementation, inform the Commission of the reasons for its attitude so that the Commission can make its views known in that regard.

Under Article 5 of the Treaty, Member States are required to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from Community law and to facilitate the achievement of the Community' s tasks. To that end, they must cooperate loyally with the Commission to enable it to ensure, pursuant to Article 155 of the Treaty, that Community law is applied.
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1. Action for annulment - Action brought by the Commission against a Council regulation which only adopted its proposals in part - Admissibility

(EEC Treaty, Art. 173)

2. Officials - Remuneration - Weightings - Introduction of a specific weighting for a given place of employment where the cost of living differs substantially from that established within the same country - Obligation of the Council - Date on which the specific weighting takes effect - Date on which the difference is established

(Staff Regulations, Arts 64 and 65(2) )

Summary

1. The Commission is entitled to commence an action for annulment of a Council regulation correcting the remuneration and pensions of officials and adjusting the existing weightings on the ground that it considers that, by failing to include in that regulation provisions giving effect to certain of its proposals, the Council has failed to perform an obligation under the Treaty.

2. The purpose of the weightings applied to the remuneration of officials provided for in Articles 64 and 65 of the Staff Regulations is to ensure that all officials have equivalent purchasing power, wherever their place of employment, in accordance with the principle of equality of treatment.

In that respect, under Article 65(2) of the Staff Regulations, it is for the Council to draw the appropriate conclusions by adjusting the weightings when it establishes that there has been a substantial increase in the cost of living.

The Council has no discretion as to whether to introduce a specific weighting for a given place of employment if it is established that the cost of living there is substantially higher than in the capital. The obligation to introduce such a weighting cannot, for instance, depend upon how many officials or servants of the Communities are employed in that place, and a practice of the institutions fixing a numerical threshold below which no specific weighting would be introduced would infringe the Staff Regulations. The application of a numerical threshold would result in an infringement of the principle of equality of treatment, and in discrimination between officials and servants who total less than the threshold and their colleagues employed in the capital. The principle of equality of treatment also requires that such a specific weighting apply retrospectively with effect from the date on which a substantial change in the cost of living in the place of employment in question has been recorded in relation to the data recorded in the capital.
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Social security for migrant workers - Family allowances - Benefits for orphans - Benefits payable by State of residence - Amount of benefits paid in State of residence less than that payable under the legislation of another Member State - Right to benefit supplement - Calculation - Benefits to be taken into account

(Council Regulation No 1408/71, Art. 78(1) and (2)(b)(i))

Summary

Article 78 of Regulation No 1408/71 must be interpreted as meaning that, in calculating the benefit supplement payable where the amount of the benefits actually received in the Member State of residence is less than that of the benefits which the orphan would be entitled to under the legislation of another Member State, all the benefits intended for the orphan in the Member States concerned must be taken into account, in so far as those benefits fall within the definition in paragraph 1 of that article.
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Officials - Subrogation of the Communities - Event giving rise to subrogation - Occurrence of harmful event - Settlement between an official and a third party who has incurred liability - Availability as a defence against the institution subrogated to the victim' s rights - Exceptions

(Staff Regulations, Art. 85a(1) )

Summary

The automatic subrogation of the Communities to the rights of redress of a Community official, provided for in Article 73(4) of the version of the Staff Regulations of Officials of the European Communities in force following the amendments made by Regulation No 912/78 and in Article 85a(1) of the version at present in force, takes effect immediately upon the occurrence of the harmful event. However, a third party who has incurred liability and who has concluded a settlement with the Community official may validly rely on such a settlement as against the institution unless, before the settlement with the official in question is concluded, the institution informs that third party of the existence of the right of subrogation and of its intention to exercise that right, or unless it provides proof that the third party who has incurred liability was informed, before the settlement with the official was concluded, of the existence of the right of subrogation.
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Tax provisions ° Harmonization of laws ° Turnover tax ° Common system of value added tax ° Prohibition of collecting other national taxes having the character of turnover taxes ° Purpose ° Concept of "turnover taxes" ° Scope ° Contributions like the Italian "contributo integrativo" paid to the Lawyers' National Provident Fund ° Excluded

(Council Directive 77/388, Art. 33)

Summary

Whilst Article 33 of the Sixth VAT Directive (77/388/EEC), with the purpose of preventing the introduction of taxes, duties or charges which, through being levied on the movement of goods and services in a way comparable to VAT, would jeopardize the functioning of the common system of VAT, prohibits the maintenance or introduction of taxes which have the essential characteristics of VAT, it does not preclude the maintenance or introduction of other kinds of taxes, duties or charges which do not have those characteristics.

Consequently, Article 33 does not preclude the introduction or maintenance of a contribution like the supplementary contribution ("contributo integrativo") payable in Italy by advocates and procuratori legali to the Lawyers' National Provident Fund and calculated in principle by applying a surcharge to the earnings making up their turnover. The supplementary contribution is not a general levy; it is not always proportional to the fees payable by clients for professional services rendered and it is payable at one stage only, with no provision for deduction.
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Appeals ° Pleas in law ° Incorrect assessment of the facts ° Appointment of an official when no vacancy existed ° Pleas inadmissible ° Rejection

(Statute of the EEC Court of Justice, Art. 51)

Summary

It is for the Court of First Instance to find whether or not the appointment of an official took place when there was no post vacant. This assessment of the facts by the Court of First Instance cannot be challenged in an appeal to the Court of Justice, since such an appeal is limited to points of law.
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1. Social policy ° Male and female workers ° Equal pay ° Pay ° Concept ° Compensation for attending training courses providing staff council members with the knowledge necessary for performing their task ° Included

(EEC Treaty, Art. 119; Council Directive 75/117)

2. Social policy ° Male and female workers ° Equal pay ° Compensation for attending training courses for staff council members held during full-time working hours ° National rules limiting compensation for part-time employees to their individual working hours ° Difference of treatment in relation to full-time employees ° Staff council members employed on a part-time basis mainly women ° Not permissible without objective justification

(EEC Treaty, Art. 119; Council Directive 75/117)

Summary

1. The concept of "pay", within the meaning of Article 119 of the Treaty, comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of employment, by virtue of legislative provisions or on a voluntary basis.

It includes compensation, in the form of paid leave or overtime pay, for attendance of training courses providing the knowledge necessary for working on staff councils where the purpose of such compensation is to provide staff council members with a source of income even though during the training courses they do not perform any of the work provided for in their contracts of employment. Although such compensation does not, as such, derive from the contract of employment, it is nevertheless paid by the employer by virtue of legislative provisions and under a contract of employment.

2. Article 119 of the Treaty and Directive 75/117, on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, preclude national legislation applicable to a much greater number of women than men from limiting to their individual working hours the compensation, in the form of paid leave or overtime pay, which staff council members employed on a part-time basis are to receive from their employer for attending training courses which impart the knowledge necessary for working on staff councils and are held during the full-time working hours applicable in the undertaking but which exceed their own part-time working hours, when staff council members employed on a full-time basis are compensated for attendance of the same courses on the basis of full-time working hours, unless the Member State proves that such legislation is justified by objective factors unrelated to any discrimination on grounds of sex.
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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 deliveries of milk under the system of non-marketing or conversion premiums ° Definitive award of a special reference quantity ° Account taken of sales or deliveries from production units added to the holding between the expiry of the period of non-marketing or conversion and the provisional allocation of the special reference quantity ° Condition ° Operation by the person concerned of the same holding as that operated when the non-marketing or conversion premium was awarded

(Council Regulation No 857/84, Art. 3a(3), as amended by Regulation No 764/89)

Summary

Article 3a(3) of Regulation 857/84, as amended by Regulation No 764/89, must be interpreted as meaning that, for the purposes of the definitive allocation of a special reference quantity to a producer who has suspended deliveries of milk under the system of non-marketing or conversion premiums, account may also be taken of sales or deliveries of milk from production units added to the holding in question between the date of expiry of the period of non-marketing or conversion and the date of the provisional allocation of the special reference quantity, provided that the producer concerned is still operating, in whole or in part, the same holding as he operated at the time of the approval of his premium application.
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Procedure ° Revision of a judgment ° Conditions for the admissibility of an application ° New fact

(Protocol on the Statute of the Court of Justice of the EEC, Art. 41)

Summary

An application for revision of a judgment of the Court in support of which no fact is relied upon which would have been of such a nature as to be a decisive factor, and which, when the judgment was given, was unknown to the party claiming the revision, is inadmissible.
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1. State aid ° Prohibition ° Derogations ° Shipbuilding aid ° Directive 87/167 ° Scope ° Direct and indirect aid

(Council Directive 87/167, Arts 3(2) and 4(4))

2. State aid ° Examination by the Commission ° Assessment under Article 92 of the Treaty ° Procedure under Article 93(2) ° Recourse to the procedure under Article 169 ° Not permissible

(EEC Treaty, Arts 93(2) and 169)

3. State aid ° Prohibition ° Derogations ° Shipbuilding aid ° Directive 87/167 ° Criteria for derogation ° Compliance with a common maximum ceiling ° Incompatibility with the common market of any aid exceeding the ceiling fixed ° Commission' s role ° Verification of compliance with the ceiling

(Council Directive 87/167, Art. 4(1))

Summary

1. It is clear from Articles 3(2) and 4(4) of Directive 87/167 on aid to shipbuilding that that directive introduced a coherent system which takes into consideration, for the determination of the amount of aid granted when a ship is built, not only direct aid but also the indirect aid which the State may grant to its shipbuilding industry.

2. Where it is a question whether aid granted by States is incompatible with the common market, even a law which provides for such aid must be assessed under the procedure laid down in Article 93(2) of the Treaty and not under the procedure laid down in Article 169.

3. Since the Council first noted that State aid to shipbuilding was incompatible with the Treaty and then took into account a series of economic and social requirements which caused it to make use of its power under the Treaty to consider such aid nevertheless compatible with the common market, provided that it complied with the criteria for derogation contained in Directive 87/167, and since, as regards production aid for shipbuilding and ship conversion, the Council chose the criterion of not exceeding the common maximum ceiling provided for in Article 4(1) of the directive, that ceiling constitutes what the Council regarded as the balance between the conflicting requirements of respect for the rules of the common market and the maintenance of a sufficient level of activity in European shipyards, which is a condition for the survival of an efficient and competitive European shipbuilding industry.

Consequently, compliance with that ceiling is the essential condition for aid to shipbuilding to be regarded as compatible with the common market and, where that ceiling is exceeded, the aid in question is automatically incompatible therewith. In such a context the Commission' s role is limited to checking that that condition has been observed.
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1. Agriculture ° Common organization of the markets ° Cereals ° Price rules ° 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 national court

2. Free movement of goods ° Customs duties ° Charges having equivalent effect ° Internal taxation ° Parafiscal charge on a basic product levied definitively on imported derived products but reimbursed on the manufacture of the same products within the national territory ° Classification as charge having equivalent effect ° Parafiscal charge levied on domestic and imported products but benefiting only the former ° Criterion of assessment

(EEC Treaty, Arts 12 and 95)

3. State aid ° Concept ° Parafiscal charge on a basic product levied definitively on imported derived products but reimbursed on the manufacture of those products within the national territory or imposed on domestic and imported products but benefiting only the former ° Inclusion ° Conditions

(EEC Treaty, Arts 92 and 93)

Summary

1. Community law, and in particular the machinery of the common agricultural policy laid down for the cereals sector in, inter alia, Regulation No 2727/75 on the common organization of the market in cereals, precludes a Member State from levying a charge on a limited number of agricultural products over a prolonged period where 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.

2. A parafiscal charge imposed on a basic product constitutes a charge having equivalent effect to a customs duty prohibited by Article 12 of the Treaty, when the charge is definitively levied on the importation of certain products, whereas it is reimbursed where those products are manufactured on the national territory, or when the revenue from it is entirely used for the benefit of domestic products only, thereby fully offsetting the charge imposed on those products. If that revenue is allocated in part to those benefits, thus offsetting only partly the burden borne by domestic products, the charge in question constitutes discriminatory taxation prohibited by Article 95 of the Treaty.

3. The fact that a parafiscal charge imposed on a basic product is reimbursed on the manufacture of derived products within national territory, whilst it is levied definitively on the importation of those derived products, or the revenue from it is used for the benefit of domestic products only, thereby offsetting the charge imposed on those products, may constitute State aid incompatible with the common market if the conditions for the application of Article 92 are met; that assessment falls within the competence of the Commission in accordance with the procedure laid down for that purpose in Article 93 of the Treaty.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Taxable transactions ° Application of goods forming part of the assets of a business for private use of the taxable person ° Construction, in pursuit of business and for private occupation, of a dwelling on land bought and owned in a private capacity ° Only the building taxable

(Council Directive 77/388, Arts 5(6) and 11A(1)(b))

Summary

Article 5(6) of the Sixth Directive (77/388), which assimilates to a supply made for consideration the application for private use by a taxable person of goods forming part of the assets of his business where those goods gave rise to a right to deduct VAT, must be interpreted as meaning that, when a taxable person (a building contractor) acquires land solely for his private use but erects on that land in the pursuit of his business a dwelling for his own use, only the house, and not the land, is to be regarded for the purposes of that provision as having been applied for his private use. The basis of assessment will then, in accordance with Article 11A(1)(b), comprise solely the value of the building and not that of the land.
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Freedom of movement for persons ° Workers ° Provisions of the Treaty ° Not applicable to a situation confined within a single Member State

(EEC Treaty, Arts 48 and 51; Council Regulation No 1408/71, Arts 3 and 84(4))

Summary

Articles 48 and 51 of the Treaty and Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in particular Article 3 and Article 84(4) thereof, do not apply to situations which are confined in all respects within a single Member State.