ddrg/super_eurlex huggingface dataset:
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1. Officials - Recruitment - Competitions - Selection board - Independence - Limits - Adoption of unlawful decisions - List of suitable candidates containing candidates unlawfully admitted to the competition - Defect justifying annulment of the competition procedure by the appointing authority

2. Appeals - Appeal held to be well founded - Judgment on the substance of the dispute by the Court - Court upholding the legality of the decision contested before the Court of First Instance

(EEC Statute of the Court of Justice, Art. 54, first paragraph)

Summary

1. Although, because of the independence of selection boards, the appointing authority may not annul or amend a decision taken by a selection board, it is nevertheless required, in exercising its own powers, to take decisions free of irregularities and cannot be bound by a decision of a selection board where the illegality of that decision is liable to vitiate its own decisions.

Where a list of suitable candidates includes candidates unlawfully admitted to the competition who cannot be appointed, and has thus deprived a candidate who has obtained the minimum number of points required of the possibility of being included and restricted the discretionary power of the appointing authority by reducing the choice available to it, the appointing authority is entitled to annul the competition procedure, contrary to the judgment of the Court of First Instance.

2. The first paragraph of Article 54 of the Statute of the Court of Justice of the EEC enables it to give judgment on the substance of the dispute when the decision which it reaches after considering the appeal renders ineffective the pleas relied on by the applicant before the Court of First Instance.

That is the case when the Court holds that, contrary to the applicant' s claims and the judgment of the Court of First Instance, a decision has been lawfully made.
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Appeals ° Pleas in law ° Misappreciation of the facts ° Official' s action out of time ° Establishment of occupational origin of invalidity a medical matter ° Inadmissibility ° Appeal dismissed

(EEC Statute of the Court of Justice, Art. 51)

Summary

An appeal may only be founded on grounds relating to the infringement of rules of law to the exclusion of any appraisal of the facts; accordingly, an appeal is admissible only in so far as it is claimed that the decision of the Court of First Instance is incompatible with the rules of law the application of which it is called upon to ensure.

A plea challenging the findings of fact which led the Court of First Instance to hold that an official' s action was not brought within the time-limits laid down by the Staff Regulations for bringing complaints and actions is therefore inadmissible.

A plea challenging the Court of First Instance' s appraisal of the medical character of the findings made by the committee appointed to decide whether invalidity is of occupational origin is likewise inadmissible.
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Actions for annulment ° Actionable measures ° Measures producing legal effects ° Decision to subject State aid to the procedure for examining the compatibility of new aid with the common market

(EEC Treaty, Arts 93(3) and 173)

Summary

A Commission decision to initiate the procedure under Article 93(2) of the Treaty for examining the compatibility of a State aid with the common market, entailing the hearing of the parties, which results in the automatic obligation to suspend payment of the aid, produces legal effects since it involves a choice by the Commission between classification as existing aid or new aid to which different procedures apply. Such a decision is not moreover simply a preparatory step, in which case an action for annulment of the decision in which the procedure culminates would ensure protection against any unlawfulness. The irreversible consequences of a delay in paying aid due to the prohibition in the final sentence of Article 93(3) could not be eradicated by a decision that the aid is compatible with the Treaty or by proceedings brought against a Commission decision holding that it is incompatible. In addition, where the measures categorized by the Commission as new aid have been implemented, the legal effects of that categorization are definitive in the sense that it is not possible to regularize ex post facto the measures implementing the aid contravening the prohibition laid down in the final sentence of Article 93(3).

For that reason such a decision is an actionable measure under Article 173 of the Treaty.
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Common Customs Tariff ° Tariff headings ° Unsterile calf foetus serum ° Exclusion from heading 38.16 ° Classification under subheading 05.15 B

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The Common Customs Tariff must be interpreted as meaning that unsterile calf foetus serum, since it is not a chemical product and has not been prepared for the development of micro-organisms by a specific treatment, and is not so close to such a product that it can, under Rule 2(a) of the general rules for interpretation of the Common Customs Tariff Nomenclature, come under the same tariff heading, does not come under heading 38.16 but under subheading 05.15 B.
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1. State aid - Examination by the Commission - Possibility for the Commission to conclude from circumstantial factors that an aid programme subject to the obligation of notification exists - Limits

(EEC Treaty, Arts 92 and 93)

2. State aid - Commission decision finding an unnotified aid programme to be incompatible with the common market - Denial by the Member State concerned of the existence of such a programme - Impossibility for the Commission to take such a decision without having used its power to issue orders to obtain the evidence and information enabling a set of aids to be characterized as a programme

(EEC Treaty, Arts 92 and 93)

Summary

1. Although the Commission, in carrying out its task of supervising State aid, may not in principle be barred from relying on a set of circumstances which taken as a whole indicate the de facto existence of an aid programme, the mere fact that a set of aids may be part of a policy to prevent the exodus of undertakings and the fact that those aids were granted under the same budget heading and by the same administrative body are not sufficient, in the absence of further explanations on legislative, administrative, financial or economic matters, to demonstrate that all those aids constitute elements of a single programme to which the provisions of Article 93 of the Treaty apply. Such a policy may be conducted on the basis of measures of a very different nature and even by means of very varied aid programmes.

2. Once the Commission has established that aids have been granted or altered without notification, it has the power, after giving the Member State in question an opportunity to submit its comments on the matter, to issue an interim decision requiring it to suspend immediately the payment of such aids pending the outcome of the examination of the aids and to provide the Commission, within such period as it may specify, with all such documentation, information and data as are necessary in order that it may examine the compatibility of the aid with the common market. It is only if the Member State, notwithstanding the Commission' s order, fails to provide the information requested, that the Commission is empowered to terminate the procedure and make its decision, on the basis of the information available to it, on the question whether or not the aids are compatible with the common market.

If the Commission, when the procedure relating to the unnotified aids was commenced, requested information about the aids and about the aid programme or programmes, without, however, requiring the Member State concerned, by interim decision, to provide it with all information relating to all the aids granted, it is not entitled to rely on the failure to notify the individual aids in question to arrive at the conclusion that an aid programme exists, which is denied by the Member State concerned. Nor can it rely, in justification of its decision, on the fragmentary nature of the information sent to it, since it did not use all its powers to cause the Member State to provide it with all the necessary information.
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Preliminary rulings ° Jurisdiction of the Court ° Limits ° Question submitted in a context which precludes a useful reply

(EEC Treaty, Art. 177)

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The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Those requirements are of particular importance in the field of competition, which is characterized by complex factual and legal situations.
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Common Customs Tariff ° Customs value ° Transaction value ° Calculation ° Interest payable under a financing arrangement ° Excluded ° Financing arrangement ° Concept ° Deferment of payment granted by the seller to the buyer ° Included

(Council Regulation No 1224/80, Arts 1, 3 and 8; Commission Regulation No 1495/80, Art. 3, as amended by Regulation No 220/85)

Summary

The expression "financing arrangement" used in Article 3(2) of Regulation No 1495/80 implementing certain provisions of Articles 1, 3 and 8 of Regulation No 1224/80 on the valuation of goods for customs purposes, as amended by Regulation No 220/85, is to be interpreted in the same manner as the same expression in Article 3(c) of the original version of Regulation No 1495/80.

The said Article 3 is to be interpreted as meaning that interest payable as a result of time allowed by the seller and accepted by the buyer for payment for imported goods is to be regarded as "interest payable under a financing arrangement relating to the purchase of the imported goods", not to be included in the customs value.
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Member States ° Obligations ° Implementation of directives ° Failure ° Justification ° Not permissible

(EEC Treaty, Art. 169)

Summary

A Member State may not plead domestic difficulties, such as difficulties of implementation which emerge at the stage when a Community measure is put into effect, to justify a failure to comply with obligations and time-limits laid down by Community law.
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1. Freedom of movement for persons ° Freedom of establishment ° Freedom to provide services ° National rules which reserve certain activities in the real-estate sector to persons practising as estate agents within a regulated profession ° Whether permissible

(Council Directive 67/43/EEC)

2. Freedom of movement for persons ° Freedom of establishment ° Provisions of the Treaty ° Scope ratione personae

(EEC Treaty, Art. 52)

Summary

1. Directive 67/43/EEC concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons concerned with: 1. matters of "Real-estate" (excluding 6401) (ISIC Group ex 640), 2. the provision of certain "Business services not elsewhere classified" (ISIC Group 839) does not preclude national rules which reserve certain activities in the real-estate sector to persons practising as estate agents within a regulated profession.

2. The rules of the EEC Treaty concerning freedom of establishment apply only to nationals of a Member State of the Community.
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Convention on jurisdiction and the enforcement of judgments ° Recognition and enforcement ° Grounds of refusal ° Defendant who failed to appear not served, or not duly served, with the document instituting the proceedings ° Failure by defendant to have recourse to the remedies provided for in the State where judgment was delivered after becoming aware of the judgment delivered in default of appearance ° Refusal of recognition

(Convention of 27 September 1968, Art. 27(2))

Summary

Article 27(2) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters must be interpreted as precluding a judgment given in default of appearance in one Contracting State from being recognized in another Contracting State where the defendant was not duly served with the document which instituted the proceedings, even if he subsequently became aware of the judgment which was given and did not avail himself of the remedies provided for under the code of procedure of the State where the judgment was delivered.
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Member States ° Obligations ° Task of supervision entrusted to Commission ° Duty of Member States ° Cooperation with inquiries relating to a State' s failure to fulfil obligations

(EEC Treaty, Arts 5 and 155)

Summary

The obligations imposed on Member States by the first paragraph of Article 5 of the Treaty are to facilitate the achievement of the Commission' s tasks, which consist in particular, pursuant to Article 155, in ensuring that the provisions of the Treaty and the measures taken by the institutions pursuant thereto are applied. A Member State' s refusal to cooperate with the Commission for the purpose of the latter' s investigations to establish whether or not Community law has been infringed by rules and practices applied in that State therefore constitutes a failure by that State to fulfil its obligations.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of VAT ° Prohibition on levying other national taxes that can be characterized as turnover taxes ° Objective ° Concept of "turnover taxes" ° Scope ° National taxation such as French stamp duty ° Exclusion

(Council Directive 77/388, Art. 33)

Summary

Although Article 33 of the Sixth Directive prohibits the maintenance or introduction of taxes which have the essential characteristics of VAT, with a view to preventing the introduction of taxes, duties and charges which, through being levied on the movement of goods and services in a way comparable to VAT, would jeopardize the functioning of the common system of VAT, it does not preclude the maintenance or introduction of other kinds of taxes, duties or charges, and in particular stamp duties, which do not have those characteristics.

It follows that the aforesaid provision must be interpreted as meaning that it does not preclude the introduction or maintenance of a national tax such as French stamp duty charged on the acquisition of building land in the event of a breach of the undertaking to build within the time-limit set by the relevant legislation. That duty is not a general tax; it is not applied at the different stages of a production and distribution process since it is charged only when the real estate passes into the ownership of the final consumer; it is not deductible from duty of the same kind paid on subsequent conveyances and the levying of the duty does not take account of the added value but is based on the full value of the property.
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1. EAEC ° Actions against Community institutions for failure to act ° Natural or legal persons ° Actionable omissions ° Commission not adopting a decision in respect of a decision by the Euratom Supply Agency referred to it ° Admissibility ° Conditions

(EAEC Treaty, Art. 53, second para., and Art. 148)

2. EAEC ° Supply ° Act of the Euratom Supply Agency referred to the Commission ° Commission' s inaction ° Unlawful

(EAEC Treaty, Art. 53, second para.)

Summary

1. Under the second paragraph of Article 53 of the EAEC Treaty, any implied or express act adopted by the Supply Agency established by that Treaty, in the exercise of its right of option or its exclusive right to conclude contracts for the supply of ores and nuclear fuels, may be referred by any concerned party to the Commission, which must take a decision within a period of one month.

Even though addressed to the Agency, such a decision is of direct and individual concern, within the meaning of the second paragraph of Article 146 of the Treaty, to the person who has referred it to the Commission, with the result that if the Commission fails to take a decision, the person concerned must be given judicial protection for the right he has, under the second paragraph of Article 53, to bring the matter before the Court by way of an action under Article 148 of the Treaty for failure to act.

The request for action which that provision requires may be addressed to the Commission at the same time as the decision of the Agency is referred to it under the second paragraph of Article 53.

2. Where a uranium-producing undertaking which has problems in disposing of its production has requested the Supply Agency established by the EAEC Treaty to exercise its right of option under Article 57 of the Treaty and has received no reply other than an assurance that efforts will be made to find a solution to its problem, this must be treated as an implied refusal on the part of the Agency. Once that refusal had been referred to it under the second paragraph of Article 53 of the Treaty, the Commission was under an obligation to take a decision within a period of one month. Having failed to do so, it was in breach of that provision.
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Common Customs Tariff ° Tariff headings ° Hawthorn extract with added alcohol ° Product for therapeutic and prophylactic use ° Classification under heading 30.04 of the Combined Nomenclature

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The Common Customs Tariff must be interpreted as meaning that an extract of hawthorn with added alcohol, entitled "Weissdorn-Tropfen" (hawthorn drops), must be classified under heading 30.04 of the Combined Nomenclature. Taken in appropriate doses determined by medical prescription, that product has clearly defined therapeutic and above all prophylactic characteristics, the effect of which is concentrated on precise functions of the human organism, namely the cardiac, circulatory and neuro-vegetative functions. Moreover, the alcohol contained in the product in question, however high the percentage may be, far from changing its nature, acts on the contrary as an adjuvant, a preservative and a vehicle for its active principles.
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Common Customs Tariff ° Tariff headings ° Amylaceous product made up of native potato starch and neutralized potato starch ester ° Classification under subheading No 1108 13 00 of the Combined Nomenclature

Summary

The Common Customs Tariff ° Combined Nomenclature ° must be interpreted as meaning that an amylaceous product (starch content determined by the Ewers method: 99% by weight, or by the saccharification method: 81.1% by weight, with an acetyl content of 0.65% or 0.67% by weight) made up of native potato starch, mixed with an acetaldehyde-free and neutralized potato starch ester, which is intended to be used in the paper and textile industries and which, by its nature, is also fit for human consumption, but is not authorized for that purpose under the legislation on food products, must be classified under subheading 1108 13 00.
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1. Tax provisions ° Harmonization of laws ° Indirect taxes on the raising of capital ° Limited partnership ° Transfer of part of his shareholding by a member with unlimited liability to a member with limited liability ° Subjection to capital duty ° Not permissible

(Council Directive 69/335, Art. 4)

2. Tax provisions ° Harmonization of laws ° Indirect taxes on the raising of capital ° Limited partnership ° Exemption allowed by national legislation where capital is contributed by a member with unlimited liability ° Transfer by such a member of part of his shareholding to a member with limited liability ° Shares transferred having already been taxed at the time of their creation ° Subjection to capital duty ° Not permissible

(Council Directive 69/335, Art. 6)

Summary

1. The transfer by a member with unlimited liability for the debts of a capital company of part of his shareholding to a member whose liability in that company is limited cannot be subject to capital duty by virtue of Article 4 of Directive 69/335 concerning indirect taxes on the raising of capital.

2. The transfer by a member with unlimited liability for the debts of a capital company of part of his shareholding to a member whose liability in that company is limited cannot be subject to capital duty by virtue of Article 6 of Directive 69/335 concerning indirect taxes on the raising of capital in the Member States which have elected to exempt contributions subscribed by members with unlimited liability, where the shares transferred have already been subjected to capital tax at the time of their creation.
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Agriculture ° Common organization of the markets ° Beef and veal ° Export refunds ° Differentiated refund ° Conditions of granting ° Goods exported but destroyed, as a result of force majeure, prior to importation into the country of destination ° No entitlement to a refund where no rate of refund valid for all non-member countries has been fixed

(Council Regulations No 805/68, No 885/68 and No 565/80; Commission Regulation No 3665/87)

Summary

Regulation No 805/68 on the common organization of the market in beef and veal, Regulation No 885/68 laying down general rules for granting export refunds on beef and veal and criteria for fixing the amount of such refunds, Regulation No 565/80 on the advance payment of export refunds in respect of agricultural products and Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products must be interpreted as meaning that, not having fixed a rate valid for all non-member countries for the products concerned, they do not entitle a trader to a differentiated refund for exports of beef to a non-member country in a case where the goods exported were destroyed as a result of force majeure after leaving the customs territory of the Community and prior to importation in the unaltered state into the non-member country of destination.
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Approximation of laws ° Definition, description and presentation of spirit drinks ° Regulation No 1576/89 ° Prohibition of use of the term "brandy" to describe drinks not complying with the definition in the regulation ° Power conferred on the Commission to lay down derogations therefrom ° Scope

(Council Regulation No 1576/89, Arts 1(4)(e), 5(1) and 6; Commission Regulation No 1014/90, as amended by Regulation No 1781/91, Art. 7b; Council Directive 79/112)

Summary

Article 5(1) of Council Regulation No 1576/89 prohibits use of the term "brandy" to describe spirit drinks other than those defined in Article 1(4)(e) of that regulation, but only without prejudice to measures adopted by the Commission pursuant to Article 6 of that regulation. The power conferred on the Commission to provide for derogations is restricted only by Article 6(3), which requires that the provisions so adopted must prevent the creation of confusion, especially regarding products in existence at the time of the entry into force of the regulation. By authorizing under Article 7b of Regulation No 1014/90, as amended by Regulation No 1781/91, the use of the generic name "brandy" in certain compound terms describing "liqueurs", even though the alcohol used in those drinks does not come from "brandy", the Commission has neither, regard being had in particular to the conditions to which it has subjected that authorization, exceeded its powers nor, moreover, has it laid down rules contrary to Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs nor has it breached the principle of equal treatment to the detriment of producers of "brandy", who are not in a situation comparable to that of producers of liqueurs.