ddrg/super_eurlex huggingface dataset:
4

The sixth and seventh recitals of the Second Directive state: ‘Whereas it is necessary to make provision for a body to guarantee that the victim will not remain without compensation where the vehicle which caused the accident is uninsured or unidentified; whereas it is important, without amending the provisions applied by the Member States with regard to the subsidiary or non-subsidiary nature of the compensation paid by that body and to the rules applicable with regard to subrogation, to provide that the victim of such an accident should be able to apply directly to that body as a first point of contact; whereas, however, Member States should be given the possibility of applying certain limited exclusions as regards the payment of compensation by that body and of providing that compensation for damage to property caused by an unidentified vehicle may be limited or excluded in view of the danger of fraud; Whereas it is in the interest of victims that the effects of certain exclusion clauses be limited to the relationship between the insurer and the person responsible for the accident; whereas, however, in the case of vehicles stolen or obtained by violence, Member States may specify that compensation will be payable by the abovementioned body.’
19

In those circumstances, the Arbeitsgericht Verden (Verden Labour Court) decided to stay the proceedings and refer the following questions to the Court for a preliminary ruling: 1. (a) Is the relevant EU law, in particular Clause 4.1 and 4.2 of the Framework Agreement and Article 4 of Directive 2006/54/EC in conjunction with Directive 2000/78/EC to be interpreted as precluding national statutory provisions or practices which, in determining the amount of an occupational old-age pension, distinguish between employment income falling below the ceiling for the assessment of contributions to the statutory pension scheme and employment income exceeding that ceiling (the ‘split pension formula’) and in so doing do not treat income from part-time employment in such a manner that the income payable in respect of corresponding full-time employment is first determined, the proportion above and below the contribution assessment ceiling is established on that basis, and that proportion is then applied to the reduced income from part-time employment? (b) If Question 1(a) is answered in the negative: Is the relevant EU law, in particular Clause 4.1 and 4.2 of the Framework Agreement and Article 4 of Directive 2006/54/EC in conjunction with Directive 2000/78/EC to be interpreted as precluding national statutory provisions or practices which, in determining the amount of an occupational old-age pension, distinguish between employment income falling below the ceiling for the assessment of contributions to the statutory pension scheme and employment income exceeding that ceiling (the ‘split pension formula’) and, in the case of an employee who has worked on both a full-time and part-time basis, do not take account of specific periods (e.g. individual calendar years) but determine a uniform degree of employment for the total duration of the employment relationship and apply the split pension formula only to the resulting average remuneration? 2. Is the relevant EU law, in particular the principle of non-discrimination on grounds of age, enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC, in particular Articles 1, 2 and 6 thereof, to be interpreted as precluding national statutory provisions or practices which provide for an occupational old-age pension in the amount corresponding to the ratio of the employee’s actual length of service to the time from the beginning of his employment up to his reaching the normal retirement age under the statutory pension scheme and in so doing apply a maximum limit of reckonable years of service, with the result that employees having completed their period of service in an undertaking at a younger age receive a smaller occupational pension than their colleagues who completed their period of service at an older age, even though both sets of employees completed an equal length of service in the undertaking?’
6

Article 231 of the Kodeks Pracy (Labour Code), enacted by the Law of 26 June 1974 (Dz. U., 1974, No 24, item 141), as amended (‘the Labour Code’), concerning the consequences of the transfer of an undertaking, provides: ‘1. Where an undertaking or part of an undertaking is transferred to another employer, he shall become by law a party to the previous employment relationships, subject to the provisions of paragraph 5. 2. The previous and the new employer shall be jointly and severally liable for obligations arising from the employment relationship which arose before the transfer of part of an undertaking to another employer. 3. If no company trade union organisations are operating at the establishment of the employers referred to in paragraph 1, the previous and the new employer shall inform their employees in writing of the expected date of the transfer of the undertaking or part of the undertaking to the other employer, the reasons for it, its legal, economic and social consequences for the employees, and also the intended measures concerning the employment conditions of the employees, in particular working, pay and retraining conditions; the information must be provided at least 30 days before the expected date of transfer of the undertaking or part of the undertaking to the other employer. 4. Within two months of the transfer of the undertaking or part of the undertaking to another employer, the employee may without giving ordinary notice terminate the employment relationship on the expiry of seven days. Termination of the employment relationship in this way shall produce for the employee the consequences which the provisions of labour law establish for termination of the employment relationship by the employer by giving notice. 5. The employer shall, as from the date of taking over the undertaking or part of the undertaking, be obliged to offer new working and pay conditions to employees who previously worked on a basis other than an employment contract and to determine a period of not less than seven days within which the employees can submit a declaration of acceptance or refusal of the conditions offered. If no new working and pay conditions are agreed, the previous employment relationship shall end on expiry of a period equal to the notice period, counting from the date on which the employee submitted the declaration of refusal to accept the conditions offered or from the date by which he could have submitted such a declaration. The second sentence of paragraph 4 shall apply mutatis mutandis. 6. The transfer of the undertaking or part of the undertaking to another employer cannot constitute a reason justifying the giving of notice to terminate the employment relationship by the employer.’
13

Under Article 9 of Directive 2013/33, entitled ‘Guarantees for detained applicants’: ‘(1) An applicant shall be detained only for as short a period as possible and shall be kept in detention only for as long as the grounds set out in Article 8(3) are applicable. Administrative procedures relevant to the grounds for detention set out in Article 8(3) shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention. (2) Detention of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based. (3) Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio and/or at the request of the applicant. When conducted ex officio, such review shall be decided on as speedily as possible from the beginning of detention. When conducted at the request of the applicant, it shall be decided on as speedily as possible after the launch of the relevant proceedings. To this end, Member States shall define in national law the period within which the judicial review ex officio and/or the judicial review at the request of the applicant shall be conducted. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately. (4) Detained applicants shall immediately be informed in writing, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation. (5) Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio and/or at the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention. …’
2

Article 8 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51) (‘the basic regulation’), entitled ‘Undertakings’, states: ‘1. Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, if, after specific consultation of the Advisory Committee, it is satisfied that the injurious effect of the dumping is thereby eliminated. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the Community industry. … 9. In case of breach or withdrawal of undertakings by any party to the undertaking, or in case of withdrawal of acceptance of the undertaking by the Commission, the acceptance of the undertaking shall, after consultation, be withdrawn by Commission Decision or Commission Regulation, as appropriate, and the provisional duty which has been imposed by the Commission in accordance with Article 7 or the definitive duty which has been imposed by the Council in accordance with Article 9(4) shall automatically apply, provided that the exporter concerned has, except where he himself has withdrawn the undertaking, been given an opportunity to comment.’
12

According to Article 36 of that directive: ‘1. In the event of a reduction in the subscribed capital, at least the creditors whose claims antedate the publication of the decision on the reduction shall at least have the right to obtain security for claims which have not fallen due by the date of that publication. Member States may not set aside such a right unless the creditor has adequate safeguards, or unless such safeguards are not necessary having regard to the assets of the company. Member States shall lay down the conditions for the exercise of the right provided for in the first subparagraph. In any event, Member States shall ensure that the creditors are authorised to apply to the appropriate administrative or judicial authority for adequate safeguards provided that they can credibly demonstrate that due to the reduction in the subscribed capital the satisfaction of their claims is at stake, and that no adequate safeguards have been obtained from the company. 2. The laws of the Member States shall also stipulate at least that the reduction shall be void or that no payment may be made for the benefit of the shareholders, until the creditors have obtained satisfaction or a court has decided that their application should not be acceded to. 3. This Article shall apply where the reduction in the subscribed capital is brought about by the total or partial waiving of the payment of the balance of the shareholders’ contributions.’
12

Article 71 septies of the Law on copyright provides: ‘1. The authors and producers of phonograms, and the original producers of audiovisual works, the performers and producers of videograms, and their successors in title, shall be entitled to compensation for the private copying of phonograms and videograms referred to in Article 71 sexies. In respect of devices designed solely for the analogue or digital recording of phonograms or videograms, that compensation shall consist of a percentage of the price paid by the final purchaser to the retailer which, in respect of multipurpose devices, shall be calculated on the basis of the price of a device with characteristics equivalent to those of the internal component designed to record or, where that is not possible, of a fixed amount for each device. In respect of audio and video recording media, such as analogue media, digital media and internal or removable memory designed for recording phonograms or videograms, the compensation shall consist of a sum corresponding to the recording capacity provided by those media. In respect of remote video recording systems, the compensation referred to in this paragraph shall be due from the person who provides the service and correspond to the remuneration obtained for providing that service. 2. The compensation referred to in paragraph 1 shall be set, in accordance with Community law and having regard, in any event, to the reproduction rights, by a decree of the Minister for Cultural Heritage and Activities to be adopted by 31 December 2009, after consultation with the committee referred to in Article 190 and the trade associations which represent the majority of the manufacturers of the devices and media and media referred to in paragraph 1. In setting the compensation, account shall be taken of the application or non-application of the technological measures referred to in Article 102 quater and the different effect of digital copying in comparison with analogue copying. The decree shall be updated every three years. …’
51

Taking account of the foregoing considerations, the answer to the second question is that Article 2(1)(c), Article 3(1) and (2) and the Annex to Directive 75/363 as amended must be interpreted as meaning that the existence of the obligation, for a Member State, to provide appropriate remuneration, within the meaning of that annex, for any period of full-time or part-time specialist medical training begun in 1982 and continued up to 1990 does not depend on the adoption, by that Member State, of measures transposing Directive 82/76. The national court is required, when it applies provisions of national law adopted either before or after a directive, to interpret them as far as possible in the light of the wording and the purpose of those directives. Where, owing to the absence of national measures transposing Directive 82/76, the result prescribed by that directive cannot be achieved by way of interpretation, by taking account of the entirety of domestic law and applying the methods of interpretation recognised by it, EU law requires the Member State concerned to make good damage caused to individuals through failure to transpose that directive. It is for the referring court to determine whether all the conditions laid down in that regard by the case-law of the Court of Justice are met for the Member State to have incurred liability under EU law.
15

Article 5 of Regulation No 987/2009 provides as follows: ‘1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared invalid by the Member State in which they were issued. 2. Where there is doubt about the validity of a document or the accuracy of the facts on which the particulars contained therein are based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it. 3. Pursuant to paragraph 2, where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the particulars contained therein are based, the institution of the place of stay or residence shall, insofar as this is possible, at the request of the competent institution, proceed to the necessary verification of this information or document. 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.’
4

Article 8 of the BIT provides: ‘1. All disputes between one Contracting Party and an investor of the other Contracting Party concerning an investment of the latter shall if, possible, be settled amicably. 2. Each Contracting Party hereby consents to submit a dispute referred to in paragraph 1 of this Article to an arbitral tribunal, if the dispute has not been settled amicably within a period of six months from the date on which either party to the dispute requested amicable settlement. 3. The arbitral tribunal referred to in paragraph 2 of this Article will be constituted for each individual case in the following way: each party to the dispute appoints one member of the tribunal and the two members thus appointed shall select a national of a third State as Chairman of the tribunal. Each party to the dispute shall appoint its member of the tribunal within two months, and the Chairman shall be appointed within three months from the date on which the investor has notified the other Contracting Party of his decision to submit the dispute to the arbitral tribunal. 4. If the appointments have not been made in the abovementioned periods, either party to the dispute may invite the President of the Arbitration Institute of the Chamber of Commerce of Stockholm to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the most senior member of the Arbitration Institute who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. The arbitration tribunal shall determine its own procedure applying the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules. 6. The arbitral tribunal shall decide on the basis of the law, taking into account in particular though not exclusively: – the law in force of the Contracting Party concerned; – the provisions of this Agreement, and other relevant agreements between the Contracting Parties; – the provisions of special agreements relating to the investment; – the general principles of international law. 7. The tribunal takes its decision by majority of votes; such decision shall be final and binding upon the parties to the dispute.’
52

In the present case it is clear from the documents submitted to the Court, and from the clarifications provided by the Netherlands Government during the hearing, that the Kingdom of the Netherlands initially declined to exercise the power offered by the second limb of Article 64(1)(c) of Regulation No 883/2004, in accordance with a direction issued by the Minister for Social Affairs and Employment in January 2011. However, subsequently, after the Rechtbank Amsterdam (District Court of Amsterdam), by judgment of 2 October 2013 delivered in the main proceedings, considered that reasons had to be given for refusal of a request to extend the export of unemployment benefits beyond three months, the Uwv decided, albeit without departing from the principle that a request of that nature is not to be granted, that in the light of the particular circumstances of the case, in particular the existence of a concrete and demonstrable prospect of employment, the granting of such a request can be justified. In particular, as is clear from the information contained in the order for reference, the Uwv considers that such circumstances are established when the person concerned is involved in a process likely to lead to actual employment and that requires his stay in the host Member State to be extended, or when the person concerned has submitted a declaration of intent from an employer offering him a genuine prospect of employment in that Member State.
9

Article 28 of Directive 2001/83, relating to the mutual recognition procedure and the decentralised procedure, provides: ‘1. With a view to the granting of a marketing authorisation for a medicinal product in more than one Member State, an applicant shall submit an application based on an identical dossier in these Member States. The dossier shall contain the information and documents referred to in Articles 8, 10, 10a, 10b, 10c and 11. The documents submitted shall include a list of Member States concerned by the application. The applicant shall request one Member State to act as “reference Member State” and to prepare an assessment report on the medicinal product in accordance with paragraphs 2 or 3. 2. Where the medicinal product has already received a marketing authorisation at the time of application, the concerned Member States shall recognise the marketing authorisation granted by the reference Member State. To this end, the marketing authorisation holder shall request the reference Member State either to prepare an assessment report on the medicinal product or, if necessary, to update any existing assessment report. The reference Member State shall prepare or update the assessment report within 90 days of receipt of a valid application. The assessment report together with the approved summary of product characteristics, labelling and package leaflet shall be sent to the concerned Member States and to the applicant. 3. In cases where the medicinal product has not received a marketing authorisation at the time of application, the applicant shall request the reference Member State to prepare a draft assessment report, a draft summary of product characteristics and a draft of the labelling and package leaflet. The reference Member State shall prepare these draft documents within 120 days after receipt of a valid application and shall send them to the concerned Member States and to the applicant. 4. Within 90 days of receipt of the documents referred to in paragraphs 2 and 3, the Member States concerned shall approve the assessment report, the summary of product characteristics and the labelling and package leaflet and shall inform the reference Member State accordingly. The reference Member State shall record the agreement of all parties, close the procedure and inform the applicant accordingly. 5. Each Member State in which an application has been submitted in accordance with paragraph 1 shall adopt a decision in conformity with the approved assessment report, the summary of product characteristics and the labelling and package leaflet as approved, within 30 days after acknowledgement of the agreement.’