ddrg/super_eurlex huggingface dataset:
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1 . Agriculture - Common organization of the markets - Cereals - Special intervention measures - Common wheat of bread-making quality - Fixing the reduction to be applied to the special intervention price in the case of wheat of other than medium quality - Powers of the Commission

( Council Regulation No 2727/75, Art . 8; Commission Regulation No 400/86 )

2 . Measures of the institutions - Obligation to state the reasons on which they are based - Scope - Regulations

( EEC Treaty, Art . 190 )

Summary

1 . Since by virtue of Article 8(4 ) of Regulation No 2727/75 the Commission is empowered, in accordance with the management committee procedure, to decide on the nature and application of special intervention measures for common wheat of bread-making quality, it was necessarily for the Commission, in the light of market requirements, to lay down the reduction to be applied to a quality of such wheat which was below the medium quality but for the benefit of which the Council had permitted the Commission to provide special intervention measures .

In exercising those powers the Commission could, in a situation characterized by efforts to curtail surpluses, legitimately lay down more stringent quality requirements whilst lowering the special intervention price and applying a larger reduction even in respect of a higher quality of common bread-making wheat .

2 . The statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question . It must show clearly and unequivocally the reasoning of the Community authority which adopted the contested measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review . However, the statement of the reasons on which regulations are based is not required to specify the often very numerous and complex matters of fact or of law dealt with in the regulations, provided that the latter fall within the general scheme of the body of measures of which they form part .
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Free movement of goods - Customs duties - Charges having an equivalent effect - Charging to importers of live animals the cost of telegrams sent between customs authorities and national veterinary and health authorities - Not permissible

( EEC Treaty, Art . 12 et seq .)

Operative part

( 1)By charging importers of live animals from other Member States the cost of telegrams which, pursuant to national rules, veterinary inspectors at customs posts send to the competent national veterinary and health authorities, the Italian Republic has failed to fulfil its obligations under Article 12 et seq . of the EEC Treaty .

( 2)The Italian Republic is ordered to pay the costs .
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Agriculture - Common organization of the markets - Wine - Aid for preventive distillation of table wines - Payment by the distiller to the producer of the minimum buying-in price - Power of the Commission to prescribe a period for payment - Period not complied with - Total loss of aid - Principle of proportionality - Infringed

( Council Regulation No 337/79, Art . 11(5 ), as amended by Regulation No 2144/82; Commission Regulation No 2499/82, Art . 9(1 ) and third subparagraph of Art . 9(2 ) )

Summary

The establishment by Article 9(1 ) of Commission Regulation No 2499/82 concerning preventive distillation of table wine of a period within which the distiller is required to pay the minimum buying-in price to the producer is designed to ensure that the latter obtains a profit comparable to that which he would have obtained from a commercial sale . It therefore constitutes a rule governing the scheme for the distillation of table wine and, as such, is covered by the enabling powers conferred on the Commission by Council Regulation No 337/79 .

However, a period by which the time-limit thus laid down is exceeded, if it does not result in the transactions being carried out under conditions which are appreciably different to those of normal commercial transactions, to the extent of discouraging the producer from offering his wine for distillation, cannot be regarded as jeopardizing the very objective of the distillation scheme . A provision penalizing with total loss of aid any period, no matter how brief, by which the time-limit is exceeded must, therefore, be regarded as disproportionate to the objective pursued by the introduction of that time-limit . For that reason, the third subparagraph of Article 9(2 ) of Regulation No 2499/82 is invalid in so far as it provides for such a penalty .
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Common Customs Tariff - Customs value - Transaction value - Cost of transport - Goods carried beyond the Community frontier using several means of transport for an all-inclusive price - Costs relating to the journey outside the Community - Method of calculation - Container transport - Application of the rules laid down for cases in which a single means of transport is used - Not permitted

( Council Regulation No 1224/80, Arts 8(1)(e)(i ) and 15(2)(a ) )

Summary

Where an all-inclusive price has been paid for transport to a point beyond the place of introduction into the customs territory of the Community, and the goods have been carried using several different means of transport, the cost of transport referred to in Article 8(1)(e)(i ) of Regulation No 1224/80 on the valuation of goods for customs purposes must be calculated either by deducting the cost of transport within the customs territory of the Community, determined on the basis of the schedule of freight rates normally applied, from the price actually paid or payable, or by determining the cost of transport to the place of introduction of the goods into the customs territory of the Community directly on the basis of the rates normally applied . It is for the national authorities to choose the criterion which is more likely to avoid arbitrary and fictitious values .

The proportional assessment of costs according to the distance covered outside and inside the Community required under Article 15(2)(a ) of Regulation No 1224/80 when the goods are carried "by the same means of transport" is precluded in cases where several means of transport are used involving the application of different schedules of freight rates . Since container transport may be effected in different ways and the cost varies depending on the way chosen, it cannot be regarded as a "means of transport" within the meaning of Article 15(2)(a ) of the regulation .
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1 . Commission - Exercise of powers - Delegation of signature

( Rules of Procedure of the Commission, Art . 27 )

2 . Social policy - European Social Fund - Assistance in the financing of vocational training programmes - Substantive modification in the implementation of a programme for which assistance had been granted - Withdrawal of aid - Lawful

( Council Regulation No 2950/83, Art . 6(1 ) )

3 . Non-contractual liability - Conditions - Illegality of conduct giving rise to damage

( EEC Treaty, Art . 215, second paragraph )

Summary

1 . It is clear from the Rules of Procedure of the Commission that officials may be empowered to take, in the name of the Commission and subject to its control, clearly defined measures of management or administration, and delegation of signature is the normal means whereby the Commission exercises its powers .

2 . When determining whether aid granted by the European Social Fund for the financing of vocational training and guidance operations has been used in accordance with the conditions laid down in the decision of approval, it must be acknowledged that the fact of concentrating into one year a 1 000-hour course which had been planned to take place over a three-year period meant that the programme was carried out in circumstances different from those originally announced, and the fact that the same course was repeated over three years removed the innovatory nature of the operation . In those circumstances Article 6(1 ) of Regulation No 2950/83 made it necessary for the Commission to withdraw the decision of approval, which was rendered unlawful by a substantive modification of the original project .

3 . A series of conditions regarding the illegality of the alleged conduct of the institutions, the reality of the damage and the existence of a causal link between the conduct of the institution and the alleged damage must be met for the Community to incur liability within the meaning of the second paragraph of Article 215 . If the conduct of the institution which is alleged to have caused the damage was in no way illegal, a claim for damages must be dismissed, without any inquiry into whether the remaining conditions are met .
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Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers who have suspended deliveries under the system of non-marketing or conversion premiums - Grant of a special reference quantity - Calculated according to the volume of deliveries in the year preceding that in which the application was made for the non-marketing or conversion premium - Rate of reduction to be applied - Choice of a rate which penalizes the producers concerned - Principle of the protection of legitimate expectations - Infringement

( Council Regulations Nos 1078/77 and 857/84, Arts 2 and 3a(2 ) )

Summary

Article 3a(2 ) of Council Regulation ( EEC ) No 857/84 of 31 March 1984, as amended by Council Regulation ( EEC ) No 764/89 of 20 March 1989, is invalid in so far as it restricts the special reference quantity provided for in that provision for milk producers who were unable to deliver milk during the reference year pursuant to an undertaking given under Regulation No 1078/77 to 60% of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the 12 calendar months preceding the month in which the application for the non-marketing or conversion premium was made .

Although the Community legislature could validly apply to the quantity of those deliveries a rate of reduction designed to ensure that the producers bound by such an undertaking were not accorded an undue advantage by comparison with those, covered by Article 2 of Regulation No 857/84, who continued to deliver milk during the reference year, the principle of the protection of legitimate expectations precluded the rate of reduction from being fixed at such a high level, by comparison with those applicable to the latter producers, that its application amounted to a restriction which specifically affected the producers concerned by very reason of the undertaking given by them under Regulation No 1078/77 . A rate of reduction of 40%, being more than double the highest total of the rates applicable to the producers covered by Article 2 of Regulation No 857/84, was unacceptable from that point of view .
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Social security for migrant workers - Family benefits - Worker subject to the legislation of one Member State - Family members residing in another Member State - Transitional arrangements introduced by Article 60 of the Act of Accession of Spain pending the entry into force of the uniform solution for all the Member States referred to in Article 99 of Regulation No 1408/71 - Application by analogy of Article 73(2 ) of Regulation No 1408/71 - Article 73(2 ) declared by the Court to be invalid - Effects - Generalization of the arrangements established by Article 73(1 ) bringing about the entry into force of the uniform solution - Date of application of Article 73(1 ) to Spanish workers

( EEC Treaty, Art . 51; Act of Accession of 1985, Art . 60; Council Regulation No 1408/71, Arts 73(1 ) and ( 2 ) and 99 )

Summary

The uniform solution for all the Member States provided for in Article 99 of Regulation No 1408/71, in the version enacted in Regulation No 2001/83, entered into force on 15 January 1986 following the judgment of the Court of the same date in which Article 73(2 ) of that regulation was declared to be void ab initio; that declaration of invalidity entailed that, in the absence of new rules in conformity with Article 51 of the Treaty, the system for the payment of family benefits laid down in Article 73(1 ) was of general application .

The entry into force of that uniform solution meant that, under Article 60 of the Act of Accession of Spain, the application of Article 73(1 ) of Regulation No 1408/71 could, with effect from 15 January 1986, be relied on by Spanish workers employed in a Member State other than Spain the members of whose families reside in Spain .
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Social security for migrant workers - Community provisions - Replacement of social security conventions between Member States - Restriction - Retention of advantages previously conferred by the combined effect of national law and international conventions

(EEC Treaty, Arts 48(2) and 51; Council Regulation No 1408/71, Arts 6 and 7)

Summary

Articles 48(2) and 51 of the EEC Treaty must be interpreted as precluding the loss of social security advantages for workers who have exercised their right to freedom of movement which would result from the inapplicability, following the entry into force of Council Regulation (EEC) No 1408/71, of conventions operating between two or more Member States and incorporated in their national law.

Although the replacement of the social security conventions between Member States by Regulation No 1408/71 is mandatory in nature, it cannot have the effect of allowing the purpose of Articles 48 to 51 of the EEC Treaty to be disregarded; that would be the case if workers who had availed themselves of their right to freedom of movement were to lose the social security advantages previously conferred on them by national legislation, whether alone or in conjunction with international social security conventions operating between two or more Member States.
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1. Agriculture - EAGGF - Clearance of accounts - Legal nature of the Commission measure clearing accounts - Decision

(EEC Treaty, Art. 189, fourth paragraph; Council Regulation No 729/70, Art. 5(2)(b) )

2. Agriculture - Common agricultural policy - EAGGF funding - Principles - Refusal to recognize as chargeable expenditure in connection with unlawful practices

Summary

1. The clearance of the EAGGF accounts referred to in Article 5(2)(b) of Regulation No 729/70 involves the adoption by the Commission of a decision within the meaning of the fourth paragraph of Article 189 of the Treaty. It is inconceivable that the Commission should be able to clear the accounts, with considerable financial consequences, other than by a binding act.

2. The Commission may justifiably refuse to recognize as chargeable to the EAGGF expenditure arising from measures adopted by a Member State which interfere with Community policy in a sector covered by a common organization of the market or from a transaction decided upon by a Member State in breach of its obligation to refrain from taking any unilateral action which might undermine or create exceptions to a common organization of the market.
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Agriculture - Common organization of the markets - Export licences which include advance fixing - Exporter unable to fulfil its commitments owing to a strike outside the control of its undertaking but affecting its supplies of raw materials - Application for extension - Difficulty in assessing the risks posed by a strike notice issued prior to the application for the advance fixing - Case of force majeure - Not present

(Commission Regulation No 3183/80, Arts 36 and 37)

Summary

Articles 36 and 37 of Commission Regulation (EEC) No 3183/80 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products must be interpreted as meaning that there is no force majeure where supplies of raw materials to an undertaking which has obtained an advance-fixing certificate are halted owing to a lawful strike in other undertakings if, when the undertaking applied for the certificate, a notice had already been issued that a strike would begin during the period of validity of the certificate, but it was possible that the strike would not take place or would not affect the undertaking in question.

In the particular context of those articles, the concept of force majeure, even though not limited to absolute impossibility, nevertheless implies that the non-performance of the act in question is due to abnormal and unforeseeable circumstances beyond the control of the person invoking force majeure whose consequences could not have been avoided in spite of the exercise of all due care.
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1. Approximation of laws - Proprietary medicinal products - Definition of medicinal product by Directive 65/65 - Classification as medicinal of a product not intended to cure or prevent disease - Conditions - Criteria

(Council Directive 65/65, Art. 1(2) )

2. Approximation of laws - Proprietary medicinal products - Product meeting both the definition of medical product in Directive 65/65 and that of cosmetic product in Directive 76/768 - Subject to the rules of Directive 65/65

(Council Directives 65/65, Art. 1(2), and 76/768, Art. 1(1) )

Summary

1. A product which is not "for treating or preventing disease in human beings or animals" within the meaning of the first subparagraph of Article 1(2) of Directive 65/65 relating to proprietary medicinal products is none the less a medicinal product if it may be administered "with a view to ... restoring, correcting or modifying physiological functions" within the meaning of the second subparagraph of that provision. That phrase must be given a sufficiently broad interpretation to cover all substances capable of having an effect on the actual functioning of the body and include not only products which have a real effect on physiological functions but also those which do not have the advertised effect, the marketing of which may thus be prohibited in order to protect consumers. It cannot, however, encompass substances such as certain cosmetics which, while having an effect on the human body, do not significantly affect the metabolism and thus do not strictly modify the way in which it functions.

It is for the national courts to determine on a case-by-case basis the classification of each product having regard to its pharmacological properties as they may be ascertained in the current state of scientific knowledge, to the way in which it is used, to the extent to which it is sold and to consumers' familiarity with it.

2. Even though it may fall within the definition of cosmetic products given in Article 1(1) of Directive 76/768, a product must nevertheless be treated as a medicinal product as referred to in Article 1(2) of Directive 65/65 relating to proprietary medicinal products and, if it is a proprietary medicinal product, subjected to the corresponding rules, to the exclusion of those governing cosmetic products, if it is presented for treating or preventing disease or if it is intended to be administered with a view to restoring, correcting or modifying physiological functions.

Such a classification is a necessary consequence of the aim, pursued by both directives, of protecting public health, since the rules governing proprietary medicinal products are stricter than those governing cosmetic products, in view of the particular risks to public health which the former may represent and which are generally not displayed by cosmetic products.
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Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Directive 76/207/EEC - Article 5 - Direct effect - Prohibition of nightwork by women where the same prohibition does not apply to men - Not permissible

(Council Directive 76/207, Art. 5)

Summary

Article 5 of Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is sufficiently precise to impose on the Member States the obligation not to lay down by legislation the principle that nightwork by women is prohibited, even if that obligation is subject to exceptions, where nightwork by men is not prohibited.
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1. Preliminary rulings - Jurisdiction of the Court - Act of Accession 1972 - Protocol No 3 on the Channel Islands and the Isle of Man - Reference to the Court - National court or tribunal within the meaning of Article 177 - Courts and tribunals of the Isle of Man

(EEC Treaty, Art. 177; Treaty of Accession 1972, Art. 1(3); Act of Accession 1972, Art. 158 and Protocol No 3)

2. Accession of new Member States to the Communities - Act of Accession 1972 - Protocol No 3 on the Channel Islands and the Isle of Man - Free movement of workers - Not applicable to the Isle of Man - Equal treatment of Community nationals - Whether applicable to the right to take up employment - Requirement of a work permit laid down as a general rule - Whether permissible - Obligation on the part of the Isle of Man authorities to grant Community nationals the same treatment as that granted to Manxmen by the United Kingdom - None

(EEC Treaty, Art. 227(5)(c); Act of Accession 1972, Protocol No 3, Arts 1 and 4)

Summary

1. It follows from Article 1(3) of the Treaty of Accession 1972 in conjunction with Article 158 of the Act of Accession that the jurisdiction in preliminary ruling proceedings conferred on the Court by Article 177 of the Treaty extends to Protocol No 3 on the Channel Islands and the Isle of Man, whose uniform application in the Isle of Man requires the courts and tribunals established there to be deemed to be authorized to refer questions to the Court concerning the interpretation of the Protocol itself, the interpretation and validity of the Community legislation to which that Protocol refers, and the interpretation and validity of measures adopted by the Community institutions on the basis of the Protocol.

2. The Community rules on the free movement of workers are not applicable on the territory of the Isle of Man by virtue of Article 227(5)(c) of the Treaty and Article 1 of Protocol No 3 of the Act of Accession 1972 on the Channel Islands and the Isle of Man. However, the prohibition of any discrimination between natural and legal persons from the Member States in relation to situations which, in territories where the Treaty is fully applicable, are governed by Community law, is applicable there by virtue of Article 4 of that Protocol. Accordingly, the requirement laid down as a general rule by the Isle of Man authorities, to the effect that nationals of the Member States who wish to take up employment there must hold a work permit, is permissible provided the requirement is applied to such nationals without discrimination. That is not called in question by the fact that specific provisions laid down by those authorities may give rise to discrimination in favour of nationals of certain Member States as regards certain types of employment.

Furthermore, there is nothing in Protocol No 3 which requires the Isle of Man authorities to grant to Community nationals the same treatment, with regard to employment, as that which is granted to Manxmen by the United Kingdom.