ddrg/super_eurlex huggingface dataset:
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1. Community law ° Principles ° Legal certainty ° Application by the Commission of competition rules ° Compliance in adopting an individual decision with the interpretation of a regulation on block exemption set out in a Commission communication

2. Competition ° Agreements, decisions and concerted practices ° Prohibition ° Block exemption ° Regulation No 123/85 ° Article 3(11) ° Involvement of an intermediary between the distributor and the final consumer ° Authorized intermediary ° Concept

(Commission Regulation No 123/85, Art. 3(11))

Summary

1. The Commission is not acting in breach of the principle of legal certainty where it adopts a decision in the field of competition giving the same interpretation of a regulation on block exemption as that set out in a communication which was published at the same time as that regulation and the meaning and scope of which it had, moreover, explained in a letter sent to the undertaking concerned prior to that decision.

2. The only condition which, according to Article 3(11) of Regulation No 123/85 on the application of Article 85(3) of the EEC Treaty to certain categories of motor vehicle distribution and servicing agreements, must be satisfied in order to qualify as an intermediary is the existence of written authorization. The number of authorizations received by a professional intermediary is not the sole factor determining the change in the nature of his involvement, in the absence of other factors showing that the intermediary is carrying on an activity equivalent to that of a reseller.
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Common Customs Tariff ° Valuation for customs purposes ° Quota charges incurred in the acquisition of export quotas ° Excluded ° Existence of legal trade in quotas ° Immaterial ° Onus on importer to establish acquisition genuine

(Council Regulation No 1224/80)

Summary

Quota charges incurred in the acquisition of export quotas do not form an integral part of the value for customs purposes of goods imported into the Community pursuant to Regulation No 1224/80 on the valuation of goods for customs purposes. It is not necessary in that regard to determine whether export licences may or may not be the subject of lawful trade in the country of export in question since there is no difference in economic terms between the two cases. Under Article 10(1) of the regulation, however, the onus is on the importer to supply all necessary information and documents to the customs authorities in order to enable them to determine the value for customs purposes and thereby establish whether the costs paid were in fact incurred in the acquisition of export quotas and do not represent commission for intermediaries, which forms an integral part of the value for customs purposes.
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Freedom of movement for persons ° Freedom of establishment ° Freedom to provide services ° Architects ° Recognition of diplomas and other qualifications ° Diplomas and other qualifications allowing the pursuit of activities as an architect by virtue of acquired rights ° Diploma not included in the exhaustive list under Directive 85/384/EEC ° Excluded

(Council Directive 85/384/EEC, Art. 11(a), fourth indent)

Summary

A diploma awarded in 1966 by the "Allgemeiner Hochbau" department of the Staatliche Ingenieurschule fuer Bauwesen, Aachen, cannot be equated with the diplomas referred to in the fourth indent of Article 11(a) of Directive 85/384/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

The diploma in question cannot be recognized at Community level since the transitional system set out in Chapter III of the directive, intended to ensure observance of rights acquired in the field of architecture, is characterized by an exhaustive list of the diplomas, certificates and other evidence of formal qualifications of each Member State which are eligible for recognition, and since with respect to colleges of engineering in Germany such recognition is limited to diplomas awarded by departments of architecture and the diploma in question was not awarded by such a department.
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1. Social security for migrant workers ° Invalidity insurance ° Special procedures for applying the Netherlands legislation on insurance against incapacity for work ° Eligibility for benefits subject to active employment at the time of materialization of the risk ° Whether permissible

(EEC Treaty, Arts 48 to 51; Council Regulation No 1408/71, Annex VI, J(4))

2. Social security for migrant workers ° Equal treatment ° National provision making eligibility for invalidity benefits subject to receipt of income from work during the year prior to the materialization of the risk ° Objective condition applicable to all Community workers alike ° Permissible

(EEC Treaty, Art. 51)

Summary

1. Articles 48 to 51 of the Treaty are intended to ensure that workers do not lose, as a result of their exercising the right to freedom of movement, social security advantages granted to them by the legislation of a Member State, a result which might dissuade Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom. That is not the case as regards Point 4 of section I (now J) of Annex VI to Regulation No 1408/71, as amended, on special procedures for applying the Netherlands legislation on incapacity for work, which excludes persons not employed when the incapacity commences from invalidity benefits.

A person who has worked exclusively in the Netherlands and has ceased to work before the materialization of the insured risk is in the same situation as a person who avails himself of the right to freedom of movement and who was previously subject to both a scheme based on risk and a scheme based on the progressive constitution of rights.

2. Article 51 of the Treaty and Regulation No 1408/71 provide only for the aggregation of insurance periods completed in different Member States and do not regulate the conditions under which those insurance periods are constituted. The conditions governing the right or obligation to become affiliated to a social security scheme are therefore a matter to be determined by the legislation of each Member State, provided that there is no discrimination in that regard between the nationals of the host Member State and those of other Member States.

It follows that Community law does not preclude the national legislature from altering the conditions for granting invalidity benefits, even if it makes them more strict by introducing the additional requirement of receipt of a certain income from work during the year prior to the commencement of the incapacity for work, provided that the condition is an objective one which applies to its own nationals and to those of other Member States alike.
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1. Action against Member States for failure to fulfil obligations ° Failure to implement a Commission decision concerning State aid ° Validity of the decision deriving from dismissal of an action for its annulment ° Plea in defence ° Absolute impossibility of implementation

(EEC Treaty, Art. 93(2), second subpara.)

2. State aid ° Commission decision determining that an aid is incompatible with the Common Market ° Difficulties of implementation ° Obligation of the Commission and the Member State to cooperate in finding a solution conforming to the Treaty

(EEC Treaty, Arts 5 and 93(2), first subpara.)

Summary

1. The only defence available to a Member State in opposing an application by the Commission under the second subparagraph of Article 93(2) of the Treaty for a declaration that it has failed to comply with a decision declaring aid contrary to the Treaty and requiring it to be repaid, after an action for the annulment of that decision has been dismissed, is to plead that it was absolutely impossible for it to implement the decision properly.

2. A Member State which, in giving effect to a Commission decision determining that a State aid is incompatible with the Common Market, encounters unforeseen and unforeseeable difficulties or becomes aware of consequences overlooked by the Commission, must submit those problems to the Commission for consideration, together with proposals for suitable amendments to the decision in question. In such cases, the Commission and the Member State must, by virtue of the rule imposing on the Member States and the Community institutions a duty of genuine cooperation which underlies, in particular, Article 5 of the Treaty, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions and, in particular, the provisions on aid.
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Common Customs Tariff ° Tariff headings ° Mixture of amino acids used for the preparation of infusion solutions ° Product naturally intended for medical use ° Classification under heading 30.03 (subheading 30.03 A II (b))

Summary

The Common Customs Tariff, as amended by Regulation No 3618/86, amending Regulation No 3331/85 amending Regulation No 950/68, must be interpreted to the effect that a sterile powder made up of amino acids mixed in precise proportions and used for the preparation of infusion solutions falls under heading 30.03 (subheading 30.03 A II (b)). On the basis of its objective characteristics and properties ° being sterile, pyrogen-free, with a high level of purity and precise dosage of the various amino acids ° the product is naturally intended for medical use and more particularly for the preparation of infusion solutions by the addition of water, and use of the product in question in human nutrition by way of mouth is a purely theoretical possibility. In view of that intended use and in the light of Note A(4) of the Customs Cooperation Council' s Explanatory Notes to Heading 30.03, it therefore falls within the category of medicaments.
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1. Social security for migrant workers ° Invalidity insurance ° Calculation of benefits ° Independent benefit ° Definition ° Benefit calculated in accordance with the Community rules on aggregation and apportionment ° Excluded

(Council Regulation No 1408/71, Art. 46(1))

2. Social security for migrant workers ° Benefits ° National rules against overlapping ° Not applicable to recipients of benefits of the same kind paid in accordance with the provisions of Regulation No 1408/71 ° Benefits of the same kind ° Criteria ° Invalidity pension and short-term allowance for incapacity for work due to illness ° Not benefits of the same kind

(Council Regulation No 1408/71, Art. 12(2))

3. Social security for migrant workers ° Benefits ° National rules against overlapping ° Classification of a benefit paid under the legislation of another Member State ° To be determined by national law

Summary

1. An "independent benefit" must be understood to mean a benefit calculated in accordance with Article 46(1) of Regulation No 1408/71, that is to say, the amount of which corresponds to the total length of insurance periods or periods of residence to be taken into account under the legislation of the Member State in which the competent institution is situated, without regard to the periods completed under the legislation of other Member States to which the beneficiary has been subject. That definition does not cover an invalidity benefit calculated in accordance with the system of aggregation of insurance periods and apportionment of benefits.

2. Social security benefits must be regarded as being of the same kind, within the meaning of Article 12(2) of Regulation No 1408/71, if their subject-matter and purpose, together with their method of calculation and the conditions for granting them, are identical. That requirement is not satisfied where a migrant worker receives in a Member State benefits intended to compensate for loss of income as a result of incapacity for work due to sickness and in another Member State an invalidity benefit calculated by aggregating insurance periods and apportioning benefits, increased by a pension supplement intended to guarantee him the minimum national pension. The application to such benefits of a rule against overlapping is therefore compatible with Article 12(2) of the regulation.

3. The classification for the purposes of a Member State' s anti-overlapping rules of social security benefits paid in another Member State is a matter for the applicable national law, taking into account the rules relating to conflict of laws, since the Community rules are not relevant.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition of importing and marketing a product whose packaged units were increased in quantity during a publicity campaign with the increase being indicated on the packaging ° Not permissible ° Justification ° Protection of consumers ° None

(EC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as precluding a national measure from prohibiting the importation and marketing of a product lawfully marketed in another Member State, whose packaged units were increased in quantity during a short publicity campaign and the wrapping marked "+ 10%",

° on the ground that that presentation may induce the consumer into thinking that the price of the goods offered for sale is the same as that at which the goods had previously been sold in their old presentation, a circumstance which would have the consequence that, in the event that the trader increased the price, the consumer could be the victim of deception within the meaning of the national law applicable, or, in the event that the price was not increased, the offer would meet the consumer' s expectation but might then entail a breach of the prohibition of imposing prices on retailers enacted by the same national law,

° on the ground that the new presentation, owing to the fact that the band marked "+ 10%" occupies more than 10% of the total surface area of the wrapping, would give the impression to the consumer that the volume and the weight of the product had been increased to an extent greater than indicated.

Although it applies to all products without distinction, such a prohibition is by nature such as to hinder intra-Community trade, since it may compel the importer to adjust the presentation of his products according to the place where they are to be marketed and it cannot be justified as being necessary in order to satisfy overriding requirements relating to the protection of consumers where it does not appear that the prices of those products have been increased, where, on the contrary, the constraint imposed on retailers not to increase their prices, which is in fact favourable to consumers, does not arise from any contractual stipulation and applies only during the short duration of the publicity campaign in question and, finally, where the "+ 10%" marking is not such as to mislead a reasonably circumspect consumer.
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Social security for migrant workers ° Family allowances ° Regulation No 3427/89 establishing with effect from 15 January 1986 a uniform arrangement eliminating any difference depending on the Member States of employment and residence of the members of the family ° Whether national legislation limiting to six months the retroactive effect of applications for family allowances may be applied as against a Spanish worker claiming backdated benefits

(Council Regulation No 1408/71, Art. 73, as amended by Regulation No 3427/89)

Summary

Regulation No 1408/71, as amended by Regulation No 3427/89, does not prevent a national provision limiting the retroactive effect of applications for family allowances to a period of six months, on whatever basis they are made, from being applied to an application by a Spanish national for payment, as from 15 January 1986, of family allowances.

Such a provision does not discriminate between a worker seeking to rely on a right based on Community rules and one who bases his claims solely on national law, nor does it render impossible the exercise of the rights conferred by Regulation No 3427/89.
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1. Social security for migrant workers ° Sickness insurance ° Conditions for the granting of benefits ° Non-applicability under Community rules of a condition laid down by a Member State relating to the origin of the illness ° Scope

(Council Regulation No 1408/71, Art. 35(3))

2. Social security for migrant workers ° Sickness insurance ° Conditions for the granting of benefits ° Legislation of the competent Member State making the grant of benefits subject to the condition that the person insured was not unfit for work at the time when he became insured ° Obligation to take into account periods of insurance completed under the legislation of another Member State ° Worker not insured for a short period owing to transfer of residence from one Member State to another ° Irrelevant

(EC Treaty, Art. 51; Council Regulation No 1408/71, Art. 18(1))

Summary

1. Article 35(3) of Regulation No 1408/71, which provides that where, under the legislation of a Member State, the granting of sickness benefits is conditional upon the origin of the illness, that condition is not to apply to a worker to whom the Regulation applies, regardless of the Member State in whose territory he resides, does not apply to a situation in which the applicable legislation precludes, in whole or in part, the grant of sickness benefits if the worker was already unfit for work at the time when he became insured under the scheme which it establishes.

2. Article 18(1) of Regulation No 1408/71 must, in the light of the objective laid down by Article 51 of the Treaty, be interpreted as meaning that, where the applicable legislation of a Member State makes the grant of cash sickness benefits subject to the condition that the insured person was not already unfit for work at the time when he became insured under the scheme which it establishes, the competent institution must also take into account periods of insurance completed by that person under the legislation of another Member State, as if those periods had been completed under the legislation which it administers.

The fact that, having transferred his residence from one Member State to another Member State, the person concerned was for a short period neither employed nor registered as seeking employment in the latter State does not interrupt the continuity of the insurance periods completed by that person or preclude application of the rule on the aggregation of insurance periods.

It is inherent in the normal exercise of the right to exercise freedom of movement for a migrant worker to be out of work for a short period during which he is physically moving from one Member State to another.
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1. Social policy ° Equal treatment for men and women in matters of social security ° Scope ratione personae of Directive 79/7 ° Working population within the meaning of Article 2 of the directive ° Persons in minor employment characterized by a limited number of working hours and low pay ° Included

(Council Directive 79/7, Art. 2)

2. Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° National legislation excluding from the compulsory old-age pension scheme minor employment regularly consisting of fewer than 15 hours' work a week and attracting remuneration of up to one-seventh of the average monthly salary ° Provisions principally affecting women ° Objective justification ° Permissible

(Council Directive 79/7, Art. 4(1))

Summary

1. Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is regarded as minor because it regularly consists of fewer than 15 hours' work a week and regularly attracts remuneration of up to one-seventh of the average monthly salary form part of the working population within the meaning of Article 2 of that directive and therefore fall within its scope ratione personae.

The fact that a person' s earnings from employment do not cover all his needs cannot prevent him from being under Community law a worker or a member of the working population.

2. Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as not precluding national provisions under which employment regularly consisting of fewer than 15 hours' work a week and regularly attracting remuneration of up to one-seventh of the average monthly salary is excluded from the statutory old-age insurance scheme, even where they affect considerably more women than men, since the national legislature was reasonably entitled to consider that the legislation in question was necessary in order to achieve a social policy aim unrelated to any discrimination on grounds of sex. That will be the case where the exclusion of such employment from compulsory insurance corresponds to a structural principle of a contributory social security scheme, is the only means of satisfying a social demand for such employment and is designed to avoid an increase in unlawful employment and devices circumventing social legislation.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Refund of the tax to taxable persons not established in the territory of the country ° Lawyer benefiting from an exemption in the Member State in which he is established ° Refund of the tax on services supplied to him in a Member State which does not exempt services supplied by lawyers ° Not permissible

(Council Directives 79/1072, Art. 3(b), and 77/388, Art. 28(3)(b) and Annex F)

Summary

Article 3(b) of the Eighth Directive on the harmonization of the laws of the Member States relating to turnover taxes ° Arrangements for the refund of value added tax to taxable persons not established in the territory of the country ° is to be interpreted as meaning that the fact that a lawyer benefits, pursuant to Article 28(3)(b) of the Sixth Directive and Annex F thereto, from an exemption in the Member State in which he is established does not entitle him to request the competent authorities of that Member State to issue the certificate mentioned therein and he is not, accordingly, entitled to a refund of the VAT charged on services supplied to him in a Member State in which he is not established and in which services supplied by lawyers are not exempted. It is clear from both Article 3(b) of the Eighth Directive and from the system established by the Sixth Directive that a taxable person who benefits from exemption and is consequently not entitled to deduct input tax paid in the territory of the country is not, in accordance with the objective pursued by the VAT directives, entitled to a refund of VAT paid in another Member State either, or, consequently, to the issue of a certificate for the purposes of that provision.
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Actions against Member States for failure to fulfil obligations ° Examination by the Court as to whether an action is well founded ° Situation to be taken into consideration ° Situation at the expiry of the period set by the reasoned opinion

(EC Treaty, Art. 169)

Summary

In proceedings brought under Article 169 of the Treaty against a Member State for failure to fulfil obligations in which the compatibility of national legislation with Community law is at issue, any amendments to that national legislation are irrelevant for the purposes of the Court' s judgment on the subject-matter of the action if they have not been implemented before the expiry of the period set by the reasoned opinion.