ddrg/super_eurlex huggingface dataset:
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Agriculture ° Approximation of laws ° Pesticide residues on or in products of plant origin ° Directive 90/642 ° Not applicable to residues of Chlorpropham and Propham

(EC Treaty, Arts 30 and 36; Council Directive 90/642)

Summary

Directive 90/642 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables, does not preclude national legislation from setting maximum permissible levels for residues of Chlorpropham and Propham on potatoes and providing for procedures for checking compliance with those levels, subject to the provisions of Articles 30 and 36 of the Treaty.

In fact since the aforementioned Directive is not applicable to residues of the plant-protection products in question, it is for the national legislature to set the maximum permissible levels and to provide for procedures for checking compliance therewith.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Definition ° Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory way ° Non-applicability of Article 30 of the Treaty ° Legislation prohibiting sales yielding very low profit margins

(EEC Treaty, Art. 30)

Summary

Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Where those conditions are satisfied, the application of such rules to the sale of products from another Member State meeting the rules laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty.

It follows that Article 30 of the Treaty is to be interpreted as not applying where a Member State prohibits by legislation any sale which yields only a very low profit margin.
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Member States ° Obligations ° Implementation of directives ° Failure to implement ° Justification ° Not permissible

(EC Treaty, Art. 169)

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A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.
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Preliminary rulings ° Reference to the Court ° National court or tribunal within the meaning of Article 177 of the Treaty ° Definition ° Court decision in non-contentious proceedings ° Excluded

(EC Treaty, Art. 177)

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Whilst Article 177 of the Treaty does not make reference to the Court subject to the proceedings during which the national court frames a question for a preliminary ruling being inter partes, it is none the less apparent from that provision that a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature.

A court exercising administrative authority in "non-contentious" proceedings concerning an application for confirmation of the memorandum of association of a company with a view to its registration cannot, therefore, make a reference to the Court. In such a situation it is acting independently of any dispute, since a dispute, and thus contentious proceedings, can only arise if confirmation is refused.
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Approximation of laws ° Labelling, presentation and advertising of foodstuffs ° Directive 79/112 ° Obligation of the Member States to prohibit sale of products displaying no information in a language easily understood by the purchaser ° Scope ° Rules going beyond that obligation ° Not permissible ° Need for all compulsory particulars to appear on the labelling

(EC Treaty, Arts 30, 128 and 129a; Council Directive 79/112, Art. 14)

Summary

Article 14 of Directive 79/112 relating to the labelling, presentation and advertising of foodstuffs, which requires Member States to prohibit sale of those products within their territories if certain particulars "do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed", must be interpreted as meaning that the expression "language easily understood", which is designed to ensure that the consumer is provided with information rather than to impose the use of a specific language, is not equivalent to "the official language of the Member State" or "the language of the region". Since it is stricter than the obligation to use a language easily understood, an obligation imposed by a Member State to use the dominant language of the region in which the product is placed on the market is, even if the use of other languages at the same time is not precluded, incompatible with Article 14 and cannot be justified under Articles 128 and 129a of the Treaty which do not authorize a Member State to substitute a more stringent rule for that laid down in the directive. Hence there is no need to examine the question in the context of Article 30 of the Treaty.

In order to satisfy the need to inform and protect consumers, it is necessary for them always to have access to the compulsory particulars specified in the directive, not only at the time of purchase, but also at that of consumption. That implies that the compulsory particulars must appear on the labelling in a language easily understood by consumers in the State or region concerned or by means of other measures such as designs, symbols or pictograms. It is for the national court to assess the ease with which the information supplied can be understood in the light of all the circumstances in each individual case.
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Competition ° Community rules ° Undertaking ° Concept ° Organization managing an optional supplementary old-age insurance scheme ° Operation in accordance with the principle of capitalization ° Included

(EC Treaty, Arts 85 and 86)

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A non-profit-making organization which manages an old-age insurance scheme intended to supplement a basic compulsory scheme, established by law as an optional scheme and operating according to the principle of capitalization in keeping with the rules laid down by the authorities in particular with regard to conditions for membership, contributions and benefits, is an undertaking for the purposes of Article 85 et seq. of the Treaty. Even if such an organization is non-profit-making, and the scheme it administers exhibits certain limited features of solidarity which are not comparable with the features that characterize compulsory social security schemes, it nevertheless carries on an economic activity in competition with life assurance companies.
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Accession of new Member States to the Communities ° Spain ° Provisions of Protocol No 2 concerning the release into the customs territory of the Community of goods originating in the Canary Islands ° Exemption from customs duties provided for by Article 2 of the Protocol ° Scope ° Variable component of the charge applicable to processed agricultural products ° Excluded

(1985 Act of Accession, Protocol No 2, Arts 1(1), (2) and (3) and 2; Council Regulation No 3033/80, Art. 5, and Council Regulation No 2144/87, Art. 1(2)(d))

Summary

Throughout the period during which Protocol No 2 to the Act of Accession of Spain and Portugal applied to the Canary Islands, the variable component of the charge concerning processed agricultural products, provided for in Article 5 of Regulation No 3033/80 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, fell within the general arrangements laid down in Article 1(1) to (3) of the Protocol, whereby goods originating in the Canary Islands were subject, when released into the customs territory of the Community, to the Community customs arrangements applying to foreign trade, and were not covered by the exemption from customs duties applying to products originating in the Canary Islands when released for free circulation in that part of Spain which is included in the customs territory of the Community, as provided for in Article 2 of the Protocol.

The term "customs duties", which is used to define the subject of the exception to the general rule referred to above, must be strictly interpreted in the light of Article 1(2)(d) of Regulation No 2144/87 on customs debt. It is clear from the wording of that provision that "customs duties" constitute a sub-group of the group of duties called "import duties", which is a more general term also covering "agricultural levies" and other import charges laid down under the common agricultural policy or under the specific arrangements applicable to certain goods resulting from the processing of agricultural products.
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1. Social security for migrant workers ° Applicable legislation ° Civil servant employed by a Member State in the territory of another Member State who, on termination of her contract and to ensure retroactive entitlement to social security cover, was retroactively regraded as an ordinary employee ° Legislation of the employing Member State

(Council Regulation No 1408/71, Art. 13(2)(d))

2. Social security for migrant workers ° Unemployment ° Person other than a frontier worker who, having been employed, is wholly unemployed and resides in the territory of a Member State other than the employing Member State ° Entitlement to benefits from the employing Member State ° Conditions ° Entitlement available to civil servants

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

Summary

1. A civil servant in the employ of a Member State working in another Member State, who, upon termination of his employment contract, is retroactively deemed by the first Member State, by way of legal fiction intended to give him the right to unemployment benefit and cover by the sickness and invalidity-insurance legislation, to have worked as an ordinary employee and not as a civil servant, is subject to the legislation of the Member State to which the administration employing him is subject, pursuant to Article 13(2)(d) of Regulation No 1408/71, as codified by Regulation No 2001/83. Such retroactive classification cannot have the effect of making the person concerned subject to a provision of the regulation other than that which was applicable during the period of employment.

2. Article 71(1)(b)(i) of Regulation No 1408/71 must be interpreted as meaning that a person other than a frontier worker who, having been employed, is wholly unemployed, and who resides in the territory of a Member State other than the competent Member State, may obtain unemployment benefit from the competent State if he registers with the employment services of that State as a person seeking employment and undergoes the checks of those services. That entitlement cannot be affected by the fact that the person concerned lives abroad since that provision is specifically concerned with unemployed persons not residing in the territory of the competent Member State, and is available to an unemployed civil servant, because the fact that civil servants are regarded by Article 13(2)(d) of the regulation as a separate category for determination of the applicable legislation does not have the effect of depriving them of their status as employed persons as far as the application of the remaining provisions of the regulation is concerned.
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Social security for migrant workers — Family benefits — Unemployed persons — Entitlement to family benefits subject to the drawing of unemployment benefits — Person drawing unemployment benefits — Concept — (Council Regulation No 1408/71, Arts 4(1) and 74)

Summary

Article 74 of Regulation No 1408/71, which makes an unemployed person ' s entitlement to family benefits subject to the condition that he is drawing unemployment benefits, must be interpreted as meaning that the expression " unemployed person ... who draws unemployment benefits under the legislation of a Member State" also covers unemployed persons registered with the competent national authority whose entitlement to unemployment benefit has been suspended because compensation was paid to them by their employer by reason of the fact that the employment relationship was terminated without observance of a period of notice, or because payment of unemployment benefits in cash was temporarily excluded, in cases where, during that period of exclusion, they are covered against the risks of sickness and accidents under the legislation of the competent State.

With regard to the suspension of unemployment benefit, the compensation received may, inasmuch as it relates directly to the risk of unemployment referred to in Article 4(1) of Regulation No 1408/71, be treated as an unemployment benefit, while, in the case of temporary exclusion from entitlement to cash benefits, Article 74 uses the term " unemployment benefits" without drawing any distinction between cash benefits and other benefits, and does not require that the person concerned draws all of the benefits provided for under the legislation of the competent State during the period of unemployment.
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1. Social Policy — Approximation of laws — Transfers of undertakings — Safeguarding of employees ' rights — Directive 77/187 — Scope — Transfer — Concept — Transfer of a motor vehicle dealership without transferring assets and without a direct contractual relationship between the new and the old dealer, together with an assignment of the latter ' s business — Included — (Council Directive 77/187, Art. 1(1))

2. Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of employees ' rights — Directive 77/187 — Employee opposed to the transfer of his contract to the transferee — Whether permissible — Fate of the contract with the transferor — Determined by the Member States — Termination of the contract following a change in the level of remuneration — Employer responsible for the termination — (Council Directive 77/187, Art. 3(1) and 4(2))

Summary

1. The decisive criterion for establishing whether there is a transfer for the purposes of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of the transfers of undertakings, businesses or parts or businesses is whether the entity in question retains its economic identity, as indicated inter alia by the fact that its operation is actually continued or resumed.

Consequently, Article 1(1) of the directive must be interpreted as applying where an undertaking holding a motor vehicle dealership for a particular territory discontinues its activities and the dealership is then transferred to another undertaking which takes on part of the staff and is recommended to customers, without any transfer of assets or direct contractual relations between the two undertakings concerned.

2. Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfers of undertakings, businesses or parts of businesses does not preclude an employee employed by the transferor at the date of a transfer of an undertaking from objecting to the transfer to the transferee of the contract of employment or the employment relationship. In such a case, it is for the Member States to determine what the fate of the contract of employment or employment relationship with the transferor should be. They may provide, in particular, that in such a case the contract of employment or employment relationship must be regarded as terminated either by the employee or by the employer. However, where the contract of employment or the employment relationship is terminated on account of a change in the level of remuneration awarded to the employee, Article 4(2) of the directive requires the Member States to provide that the employer is to be regarded as having been responsible for the termination, because the change in the level of remuneration awarded to the employee is a substantial change in working conditions within the meaning of that provision.
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1. Agriculture ° Common agricultural policy ° EAGGF financing ° Procedure for the clearance of accounts ° Scope ° Expenditure undertaken by a Member State by way of intervention intended to regularize the agricultural markets ° Urgent action for the supply of agricultural products intended for the people of the Soviet Union ° Included

(Council Regulations Nos 729/70 and 598/91)

2. Agriculture ° EAGGF ° Clearance of accounts ° Refusal to allow expenditure resulting from irregularities in applying the Community rules ° Challenge by the Member State concerned ° Burden of proof

(Council Regulations Nos 729/70 and 598/91)

Summary

1. Since Regulation No 598/91 on urgent action for the supply of agricultural products intended for the people of the Soviet Union is based on Article 43 of the Treaty and the action envisaged by it must be carried out giving priority to supplying agricultural products in storage as a result of intervention measures, which is regarded as a means of regularizing the agricultural markets, that action falls within the scope of application of Regulation No 729/70 on the financing of the common agricultural policy, with the result that expenditure undertaken by a Member State in that respect is the subject of a procedure for the clearance of accounts. In the course of that procedure a decision is taken to charge the expenditure either to the Community budget or to the Member State concerned, depending on whether or not it corresponds to expenditure undertaken "according to Community rules".

2. Where the Commission refuses to charge certain expenditure to the EAGGF on the ground that it was incurred as a result of breaches of Community rules imputable to a Member State, it is for that Member State to show that the conditions for obtaining the financing disallowed are satisfied. That same burden of proof is borne by the Member State where on the basis of conclusive results of the testing of samples and an inspection of the production facilities the Commission decides that the Member State in question has not satisfied the obligation to check adequately the quality of the canned meat delivered in the course of the urgent action for the supply of agricultural products intended for the people of the Soviet Union established by Regulation No 598/91, before releasing the delivery security and paying to the producer the amount indicated in his tender.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Supplies of services ° Concept ° Restaurant transactions ° Included ° Restaurant facilities on board ferries ° Determination of the place of taxation ° Place where the supplier has established his business

(Council Directive 77/338, Arts 5, 6(1) and 9(1))

Summary

Restaurant transactions consisting in the supply of food for consumption on the spot are not supplies of goods within the meaning of Article 5 of the Sixth Directive (77/388), but to be regarded as supplies of services within the meaning of Article 6(1) of that directive. Such transactions are characterized by a cluster of features and acts, of which the provision of food is only one component and in which services largely predominate.

As far as restaurant transactions carried out on board ferries are concerned, they are deemed to be carried out, in accordance with the first hypothesis referred to in Article 9(1) of the directive, at the place where the supplier has established his business.
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1. Freedom of movement for persons ° Freedom of establishment ° Provisions of the Treaty ° Persons covered ° Non-resident national of a Member State pursuing activities as a self-employed person both in that State and in another Member State ° Included

(EC Treaty, Art. 52)

2. Freedom of movement for persons ° Freedom of establishment ° Fiscal legislation ° Income taxes ° Non-resident national of a Member State pursuing activities as a self-employed person both in that State and in another Member State ° Higher rate of tax than applicable to residents ° Not permissible ° Use of tax measures to offset absence of membership of, and absence of contribution to, the national social security scheme ° Not permissible

(EC Treaty, Art. 52; Council Regulation No 1408/71)

Summary

1. A national of a Member State pursuing an activity as a self-employed person in another Member State, in which he resides, may rely on Article 52 of the Treaty as against his State of origin, on whose territory he pursues another activity as a self-employed person, if, by virtue of pursuing an economic activity in a Member State other than his State of origin, he is, with regard to the latter, in a situation which may be regarded as equivalent to that of any other person relying as against the host Member State on the rights and liberties guaranteed by the Treaty.

2. Article 52 of the Treaty is to be interpreted as precluding one Member State from applying to a national of a Member State who pursues an activity as a self-employed person within its territory and at the same time pursues another activity as a self-employed person in another Member State, in which he resides, a higher rate of income tax than that applicable to residents pursuing the same activity where there is no objective difference between the situation of such taxpayers and that of taxpayers who are resident or treated as such to justify that difference in treatment. That is the case, inter alia, when the fact that a taxpayer is a non-resident does not enable him to escape the application of the rule of progressivity and both categories of taxpayer are therefore in comparable situations with regard to that rule.

Nor may a Member State take account, by means of a higher rate of income tax, of the fact that, by virtue of the provisions concerning the determination of the applicable legislation contained in 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, the taxpayer is not obliged to pay contributions to its national social insurance scheme. The fact that, also by virtue of Regulation No 1408/71, the taxpayer is insured under the social security scheme of the State in which he resides is irrelevant in that regard.