ddrg/super_eurlex huggingface dataset:
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1. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43

(Council Directive 92/43, Arts 3(1) and 4(1))

2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission

(Art. 226 EC)

3. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43

(Council Directive 92/43, Art. 12(4) and Annex IV(a))

Summary

1. Under Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, Member States must take appropriate protective measures to preserve the characteristics of sites which host priority natural habitat types and/or priority species and which have been identified by Member States with a view to their inclusion in the Community list. Member States may not therefore authorise intervention that may well seriously compromise ecological characteristics of those sites. That is particularly so where there is a risk that intervention will bring about the extinction of priority species present on the sites concerned.

(see para. 21)

2. In proceedings under Article 226 EC for failure to fulfil obligations it is incumbent upon the Commission to prove the alleged failure. It is the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption whatsoever.

(see para. 23)

3. Under Article 12(4) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, read together with Annex IV(a) thereto, Member States are to establish a system to monitor, inter alia, the accidental killing of Iberian lynx. In the light of the information gathered, Member States are to undertake further research, or take the conservation measures required, to ensure inter alia that accidental killing does not have a significant, adverse impact on the species concerned.

The fact that, in the course of carrying out a project for upgrading a rural road, the national authorities continue to study new measures capable of further improving the conditions for conservation and improvement of the species concerned cannot in itself lead to a finding that the measures adopted are inappropriate in relation to the aim underlying Article 12(4) of that directive.

(see paras 56, 59)
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Approximation of laws – Approximation measures – Common rules for the internal market in natural gas – Directive 2003/55

(European Parliament and Council Directive 2003/55, Arts 3(2) and 23(1))

Summary

Articles 3(2) and 23(1) of Directive 2003/55 concerning common rules for the internal market in natural gas do not preclude national legislation that allows the price level for the supply of natural gas to be determined by the definition of ‘reference prices’ after 1 July 2007, provided that such intervention:

– pursues a general economic interest consisting in maintaining the price of the supply of natural gas to final consumers at a reasonable level having regard to the reconciliation that Member States must make, taking account of the situation in the natural gas sector, between the objective of liberalisation and that of the necessary protection of final consumers pursued by Directive 2003/55;

– compromises the free determination of prices for the supply of natural gas after 1 July 2007 only in so far as is necessary to achieve such an objective in the general economic interest and, consequently, for a period necessarily limited in time; and

– is clearly defined, transparent, non-discriminatory and verifiable, and guarantees equal access for EU gas companies to consumers.

(see paras 32, 47, operative part)
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Agriculture – Common organisation of the markets – Beef and veal – Special premiums for male bovine animals – Payments for extensification

(Council Regulation No 1254/1999)

Summary

The Community legislation, in particular, Regulation No 1254/1999 on the common organisation of the market in beef and veal, does not make the eligibility of an application for special premiums for male bovine animals or payments for extensification conditional upon the production of a valid legal document attesting to the aid applicant’s right to use the forage areas to which the application relates. However, so long as regard is had to the objectives pursued by the Community legislation, and the general principles of Community law, in particular, the principle of proportionality, are observed, the Community legislation does not preclude Member States from imposing, under their national legislation, a requirement to produce such a document.

(see para. 90, operative part)
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Subject of the case

Operative part



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Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Arts 3(1), and 4(1)) (see paras 30-31)

2. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Art. 6(2)) (see paras 38-40, 42-43)

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) – Sites of Community importance – Site ‘Is Arenas’ – Development of a golf course.

Operative part

Operative part

The Court:

1. Declares that, having regard to the tourism and property complex ‘Is Arenas’ that affects the site ‘Is Arenas’;

– by failing to adopt, before 19 July 2006, the date on which the site ‘Is Arenas’ was included in the list of sites of Community importance, preservation measures that, having regard to the conservation aim of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, are suitable for the purpose of preserving the relevant ecological interest represented at national level by the proposed site of Community importance, and in particular by failing to prevent an activity likely seriously to endanger the ecological characteristics of the site; and

– by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats in respect of which that site of Community importance was designated;

the Italian Republic has failed to fulfil its obligations under Council Directive 92/43 and, more specifically, with regard to the second plea in law, Article 6(2) thereof;

2. Orders the Italian Republic to pay the costs.
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1. Freedom to provide services – Restrictions – Gambling – National legislation conferring an exclusive right to organise gambling on a single operator subject to strict State control – Justification

(Art. 49 EC)

2. Freedom to provide services – Restrictions – Gambling – National legislation conferring an exclusive right to organise betting on horseracing on a single operator subject to strict State control

(Art. 49 EC)

Summary

1. Article 49 EC must be interpreted as meaning that a Member State seeking to ensure a particularly high level of consumer protection in the gambling sector may be justified in taking the view that it is only by granting exclusive rights to a single body, subject to strict control by the public authorities, that it can tackle the risks connected with that sector and pursue the objective of preventing incitement to squander money on gambling and of combating addiction to gambling with sufficient effectiveness.

In that regard, it is for the national court to determine, first, whether the national authorities genuinely sought, at the material time, to ensure such a particularly high level of protection and whether, having regard to the level of protection sought, the establishment of a monopoly could actually be considered necessary and, secondly, whether the State controls to which the activities of the body benefiting from the exclusive rights are, in principle, subject are actually carried out in the consistent and systematic pursuit of the objectives assigned to that body.

In order to be consistent with the objectives of combating criminality and reducing gambling opportunities, national legislation establishing a gambling monopoly must:

– be based on a finding that criminal and fraudulent activities linked to gaming and gambling addiction are a problem in the territory of the Member State concerned, which the expansion of authorised and regulated activities would be capable of solving,

– allow only measured advertising strictly limited to what is necessary in order to channel consumers towards controlled gaming networks.

(see para. 72, operative part 1)

2. In order to assess the restriction of the freedom to provide services by a system that has established exclusive rights to organise horse-race betting, it is for the national courts to take account of all the substitutable channels of marketing for that betting, unless the consequence of using the internet is to increase the risks linked to games of chance beyond those that exist in relation to games marketed through traditional channels.

Where the national legislation applies in the same way to the offering of horse-race betting online and to such betting through traditional channels, the restriction of the freedom to provide services should be assessed from the point of view of the restrictions placed on the entire sector concerned.

(see para. 83, operative part 2)
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Freedom to provide services – Freedom of establishment – Restrictions – National legislation which obliges lawyers to observe maximum tariffs for the calculation of their fees – Whether permissible

(Arts 43 EC and 49 EC)

Summary

A Member State does not fail to fulfil its obligations under Articles 43 EC and 49 EC by maintaining legislation which obliges lawyers to observe maximum tariffs for the calculation of their fees, so long as such legislation was not designed in such a way as to limit access to the market for legal services in conditions of normal, effective competition. The same is true of a system which is characterised by flexibility allowing proper remuneration for all kinds of services provided by lawyers, given that it is possible for the maximum limits on the amount of fees to be exceeded, under certain conditions, by up to twice or four times that amount, or even more, and that in various situations it is open to lawyers to conclude a special agreement with their clients to fix the amount of the fees.

The legislation of a Member State does not constitute a restriction within the meaning of the EC Treaty solely by virtue of the fact that other Member States apply less strict, or more commercially favourable, rules to providers of similar services established in their territory. The existence of a restriction within the meaning of the Treaty cannot therefore be inferred from the mere fact that lawyers established in Member States other than the host Member State must, for the calculation of their fees for services provided in the host Member State, become accustomed to the rules applicable in the latter Member State, but must rather be based on the fact that such a system impedes the access of lawyers from other Member States to the market of the host Member State.

(see paras 49-50, 53-54)
Judgment of the Court (Seventh Chamber) of 4 December 2008 – Commission v Luxembourg

(Case C‑223/08)

Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Non‑transposition within the prescribed period

1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)

2. Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/10) (see paras 6-10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
Judgment of the Court (Eighth Chamber) of 19 March 2009 – Commission v Portugal

(Case C‑245/08)

Failure of a Member State to fulfil obligations – Freedom of movement of persons – Freedom to provide services – Right of establishment – Adjustments consequent on the accession of the Republic of Bulgaria and Romania

1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10)

2. Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/100) (see paras 9-12, operative part)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) of that directive.
1.

Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Republic of Finland has failed to fulfil its obligations under that directive;
Judgment of the Court (Third Chamber) of 7 May 2009 – Commission v France

(Case C-443/08)

Failure of a Member State to fulfil obligations – Directive 1999/13/EC – Limitation of emissions of volatile organic compounds – Failure to transpose the concepts of ‘small installation’ and ‘substantial change’

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see point 22)

Re:

Failure of a Member State to fulfil obligations – Failure to have adopted all the laws and regulations necessary to transpose correctly Articles 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ 1999 L 85, p. 1) – Concepts of ‘small installation’ and ‘substantial change’.

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary in order correctly to transpose Articles 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations, the French Republic has failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.
Judgment of the Court (Eighth Chamber) of 19 May 2009 – Commission v Italy

(Case C‑313/08)

Failure of a Member State to fulfil obligations – Directive 2003/58/EC – Company law – Documents and particulars subject to disclosure – Letters and order forms – Penalties – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 12)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13).

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;
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Subject of the case

Operative part



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Actions for failure to fulfil obligations

–

Examination of the merits by the Court

–

Situation to be taken into consideration

–

Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9

)

Subject of the case

Re:

Failure of Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Sweden to pay the costs.
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Subject of the case

Operative part



Keywords

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)

2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 10)

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells (OJ 2006 L 294, p. 32).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt within the prescribed period all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells, the Italian Republic has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.
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Transport – Maritime transport – Freedom to provide services – Maritime cabotage

(Council Regulation No 3577/92)

Summary

Assuming that the Greek legislature was required, for the duration of the exemption in Greece from implementation of Regulation No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), to refrain from adopting provisions liable seriously to compromise the full and effective application of the regulation from 1 January 2004, the date on which that period of exemption expired, such full and effective application is not seriously compromised simply because in 2001 the Greek legislature adopted provisions contrary to the regulation that are exhaustive and permanent in nature and do not lay down that they are to cease to apply from 1 January 2004.

The mere fact that a Member State adopted legislation in 2001 – assuming that the latter is not consistent with Regulation No 3577/92 – cannot be considered, in itself, seriously to compromise the application of the regulation after the end of the period of temporary exemption.

(see paras 15, 17, operative part)
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Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Member States’ option of applying a reduced rate to certain supplies of goods and services

(Council Directive 77/388, Annex H, Category 7, first para.)

Summary

The concept of admissions to a cinema, referred to in the first paragraph of Category 7 in Annex H to Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, as amended by Directive 2001/4, must be interpreted as not covering the payment made by a customer so that he may watch on his own one or more films, or extracts from films, in a private space, such as an individual viewing cubicle.

In addition to the fact that the concept of admissions to a cinema must be interpreted in accordance with the usual meaning of those words, the various events and facilities listed in the first paragraph of Category 7 in Annex H to that directive have in particular the common feature that they are available to the public on prior payment of an admission fee giving all those who pay it the right collectively to enjoy the cultural and entertainment services characteristic of those events and facilities.

(see paras 16-17, 19, operative part)
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Subject of the case

Operative part



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Actions for failure to fulfil obligations

–

Examination of the merits by the Court

–

Situation to be taken into consideration

–

Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; Council Directive 91/414) (see paras 16-19

)

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) – Data accompanying the application – Data use and protection – Confidentiality.

Operative part

Operative part

The Court:

1. Declares that, by maintaining in force Article 38 of Ley 43/2002 de sanidad vegetal (Law 43/2002 on plant health) of 20 November 2002, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;

2. Orders the Kingdom of Spain to pay the costs.