ddrg/super_eurlex huggingface dataset:
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Accession of new Member States to the Community - Spain - Agriculture - Transitional measures - Supplementary trade mechanism - Withdrawal of a product from the list of products subjected to that mechanism by the Act of Accession - Conditions

( Act of Accession of 1985, Art . 81; Council Regulation No 569/86, Art . 6; Commission Regulation No 530/88 )

Summary

A Commission decision to withdraw, pursuant to Article 81 of the Act of Accession, a product from the list of products subject to the supplementary trade mechanism, which was introduced in order to ensure a harmonious and gradual opening up of the market with a view to the full realization of free movement within the Community at the end of the transitional period, is not subject to the pre-condition that account be taken of the matters which, by virtue of Article 6 of Regulation No 569/86, must be taken into consideration where, under the abovementioned mechanism, protective measures - rather than measures intended to liberalize trade - are adopted .

In deciding whether it is appropriate to withdraw a product, the Commission must take account of all trade between Spain and the Community of Ten, not merely trade between Spain and an individual Member State .

Moreover, the supplementary trade mechanism is not related to the protocols concluded with certain non-member countries in order to ensure that those countries, notwithstanding the accession, maintain their traditional patterns of exports to the Community by means of the dismantling of tariffs, in such a manner that a product may be withdrawn from that mechanism only after appropriate measures have been adopted to monitor imports of that product from the non-member countries concerned .
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Common Customs Tariff - Tariff headings - Works of art within the meaning of Chapter 99 - Flat-based spheres of glass with two - or three-dimensional coloured motifs, described as "paperweights" - Excluded - Classification according to their constituent materials

Summary

Flat-based spheres of glass with two - or three-dimensional coloured motifs, described as "paperweights", which are made entirely by hand in limited series and signed by well-known glassware artists are to be regarded for the purposes of tariff classification as being works of a commercial character and consequently classified according to their constituent materials . The fact that an article may be recognized as being of an artistic nature does not necessarily mean that it is to be classified under Chapter 99 of the Common Customs Tariff . That classification is excluded by Note 3 to that Chapter for articles which, by reason of their configuration, appear similar to comparable articles manufactured industrially or as works of craftsmanship, with which they are capable of competing .
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1 . Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - National rules prohibiting any statement alluding to sugar in the labelling of artificial sweeteners - Not permissible

( Council Directive 79/112 )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National rules prohibiting any statement alluding to sugar in the advertising of artificial sweeteners - Not permissible

( EEC Treaty, Arts 30 and 36 )

Summary

1 . The provisions of Council Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, and in particular Articles 2 and 15, must be interpreted as meaning that they preclude the application to national and imported products of national provisions which prohibit any statement in the labelling of artificial sweeteners alluding to the word "sugar" or to the physical, chemical or nutritional properties of sugar that artificial sweeteners also possess .

2 . Articles 30 and 36 of the EEC Treaty must be interpreted as meaning that they preclude the application to imported products of national provisions which prohibit any statement in the advertising of artificial sweeteners alluding to the word "sugar" or to the physical, chemical or nutritional properties of sugar that artificial sweeteners also possess .
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Social policy - Equal treatment for men and women in matters of social security - National legislation excluding married men or widowers from an exemption from social security contributions available to married women, widows and students - Not permissible

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

Summary

Article 4(1 ) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as precluding national legislation which reserves to married women, widows and students the possibility of being assimilated to persons not liable to pay any social security contributions without granting the same possibility of exemption from contributions to married men or widowers who for the rest satisfy the same conditions .
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1. Member States - Obligations - Failure to fulfil - Justification - None

(EEC Treaty, Art. 169)

2. Member States - Obligations - Loyal cooperation and assistance due to the Commission in the achievement of its task - Obstinate and repeated breach of the obligations imposed by a directive setting up a Community procedure for information - Failure to fulfil obligations

(EEC Treaty, Art. 5)

Summary

1. A Member State may not plead internal circumstances, such as difficulties arising in connection with the implementation of a Community measure, in order to justify a failure to comply with obligations and time-limits resulting from Community law.

2. Article 5 of the Treaty imposes on all Member States an obligation of loyal cooperation and assistance in order to facilitate the achievement of the Commission' s tasks. A Member State fails to fulfil that duty when it complies with the specific obligations imposed on it by a directive setting up a Community procedure for information only under the direct threat of an action for failure to fulfil obligations and ceases to observe them as soon as that threat appears to have passed.
JUDGMENT OF24.01.1991—CASEC-384/89
JUDGMENT OFTHECOURT (Second Chamber )
24January 1991*
InCaseC-384/89,
REFERENCE totheCourtunderArticle 177oftheEECTreaty bytheTribunal
degrande instance (Regional Court),Nice,forapreliminary rulinginthecriminal
proceedings pending beforethatcourtagainst
Gérard Tomatis and Christian Fulchiron
ontheinterpretation ofheading 87.02oftheCommon Customs Tariff:'Motor
vehicles forthetransport ofpersons ,goodsormaterials (including sportsmotor
vehicles ,otherthanthoseofheading 87.09)',
THECOURT (Second Chamber )
composed of:T.F.O'Higgins ,President oftheChamber ,G.F.Mancini andF.A.
Schockweiler ,Judges,
Advocate General :F.G.Jacobs
Registrar :D.Louterman ,Principal Administrator
(Thegrounds ofthejudgment arenotreproduced .)
inanswer tothequestions referred toitbytheTribunal degrande instance ,Nice,
byjudgment of13January 1989,hereby rules:
****LanguageLanguageLanguageLanguage ofofofofthethethethecasecasecasecase::::FrenchFrenchFrenchFrench....
I-130

TOMATIS ANDFULCHIRON
(1)Subheading 87.02AoftheCommon Customs Tariffmustbeinterpreted as
including vehicles having,behind thedriver's seatorbench,specially fitted
spacesforfixed,folding orremovable seats,andhaving sidewindows ,arearor
sidedoororatail-gate ,andaninterior finishsimilar tothatofvehicles
designed forthetransport ofpassengers .
(2)Thetariffclassification giventoaproduct bytheauthorities ofoneMember
Statemaybechallenged bytheauthorities ofanother Member Statein
connection withtheclassification ofotherexamples ofthesameproduct orfor
thepurposes oftheirnational law.
I-131
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Agriculture - Common organization of the markets - Oils and fats - Olive oil - Import levy on untreated olive oil - Fixing - Continual recourse to the tendering procedure during the years 1979 and 1980 - Lawfulness - Freedom to carry on economic activities - Principle of equal treatment - Infringement - None

(EEC Treaty, Art. 40(3); Council Regulation No 136/66, Art. 16(1), as amended by Regulation No 1562/78, and Regulation No 2749/78, Art. 5(1) )

Summary

Both Article 16(1) of Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats, as amended by Regulation No 1562/78, and Article 5(1) of Regulation No 2749/78 on trade in oils and fats between the Community and Greece authorized the Commission to use continually throughout the years 1979 and 1980 the tendering procedure for fixing the import levy on untreated olive oil, in view of the fact that it was impossible throughout that period to determine the real trend on the market.

The discretion which is conferred by the Council on the Commission, and which the latter exercises in accordance with the principles established by the Council, to decide whether it is appropriate, having regard to the fact that offers on the world market and the Greek market do not enable the real trend on the market in question to be determined, to fix the rate of the import levy on untreated olive oil by the tendering procedure is necessary in order to ensure the stability of the Community market; consequently, the restrictions which this places on the right of traders to carry on their economic activities freely cannot be regarded as disproportionate interference impinging upon the very substance of that right. Nor does the system of fixing levies by the tendering procedure infringe the principle of equal treatment, since, although its effect is that importers do not all pay the same rate of levy, this does not necessarily mean that they do not derive the same profit from their activities, as each trader is free to propose a rate which takes account of the terms on which he was able to purchase the oil.
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Environment - Conservation of wild birds - Directive 79/409 - Delimitation of special protection areas - Discretion of Member States - Alteration - Necessity of a general interest taking precedence over ecological objectives - Not to include economic and recreational requirements

(Council Directive 79/409, Arts 2 and 4(1) and (4) )

Summary

Although the Member States do have a certain discretion with regard to the choice of the territories which are most suitable for classification as special protection areas pursuant to Article 4(4) of Directive 79/409 on the conservation of wild birds, they do not have the same discretion to modify or reduce the extent of such areas, which contain the most suitable environments for the species listed in Annex I, and thus unilaterally escape from the obligations imposed on them by Article 4(4) of the directive.

The power of the member States to reduce the extent of special protection areas can be justified only on exceptional grounds corresponding to a general interest which is superior to the general interest represented by the ecological objective of the directive. In that context the economic and recreational requirements referred to in Article 2 of the directive do not enter into consideration, since that provision does not constitute an autonomous derogation from the system of protection established by the directive.
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Free movement of persons - Freedom of establishment - Lawyers - Access to the profession - Obligation of Member States to examine the correspondence between the diplomas and qualifications required by national law and those obtained in the Member State of origin - Obligation to give a reasoned decision open to challenge in legal proceedings

(EEC Treaty, Art. 52)

Summary

Article 52 of the EEC Treaty must be interpreted as requiring the national authorities of a Member State to which an application for admission to the profession of lawyer is made by a Community subject who is already admitted to practice as a lawyer in his country of origin and who practices as a legal adviser in the first-mentioned Member State to examine to what extent the knowledge and qualifications attested by the diploma obtained by the person concerned in his country of origin correspond to those required by the rules of the host State. That examination must be carried out in accordance with a procedure which is in conformity with the requirements of Community law concerning the effective protection of the fundamental rights conferred by the Treaty on Community subjects. It follows that any decision taken must be capable of being made the subject of judicial proceedings in which its legality under Community law can be reviewed and that the person concerned must be able to ascertain the reasons for the decision taken in his regard.

If those diplomas correspond only partially, the national authorities in question are entitled to require the person concerned to prove that he has acquired the knowledge and qualifications which are lacking. In this regard the said authorities must assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking.

If the completion of a period of preparation or training for entry into the profession is required in the host Member State, the national authorities must decide whether professional experience acquired in the Member State of origin or in the host Member State may be regarded as satisfying that requirement in full or in part.
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1. Common Customs Tariff - Customs value - Transaction value - Assessment - Carrier media containing software - Comprehensive price invoiced - Amendment introduced by Regulation No 1055/85 - No retroactive effect

(Council Regulation No 1224/80, Art. 3, and Council Regulation No 1055/85)

2. Common Customs Tariff - Customs value - Transaction value - Assessment - Assembly costs - Exclusion - Condition - Reference in the declaration relating to customs value

(Council Regulation No 1224/80, Art. 3(4)(a); Council Directive 79/695/EEC, Art. 8)

Summary

1. Before Regulation No 1055/85, which has no retroactive effect, entered into force, Article 3 of Regulation No 1224/80 on the valuation of goods for customs purposes was to be interpreted as meaning that the transaction value of carrier media containing software at the time of importation in respect of which the supplier had invoiced a comprehensive price to the declarant had to be the invoiced price.

2. In order to be excluded from the customs value in accordance with Article 3(4)(a) of the regulation on the customs valuation of goods, assembly costs must be distinguished from the price actually paid or payable in respect of the goods in the declaration relating to customs value. Pursuant to Article 8 of Directive 79/695/EEC on the harmonization of procedures for the release of goods for free circulation, that declaration cannot be corrected after the material time for valuation for customs purposes, which is after the goods have been released for free circulation.
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1. Agriculture - Common organization of the markets - Oils and fats - Subsidy for oil seeds - Amount required to correspond to the difference between the target price and the world market price - Fixing at an excessively high level following the application of an incorrect exchange rate for the ECU - Illegality

(Council Regulation No 136/66, Article 27(1); Commission Regulation No 735/85)

2. Acts of the institutions - Withdrawal - Unlawful measures - Conditions

Summary

1. Subsidies for oil seeds granted pursuant to Article 27(1) of Regulation No 136/66 are in breach of that provision whenever the actual amount of those subsidies exceeds the difference between the target price and the world market price for a particular species. It follows that Regulation No 735/85 fixing the amount of the subsidy in that sector is invalid in so far as it uses an incorrect exchange rate for converting the ECU into the currency of the processing country and, as a result, fixes the final aid at a level which exceeds the difference between those two prices.

2. While it must be acknowledged that any Community institution which establishes that a measure which it has just adopted is tainted with illegality has the right to withdraw it within a reasonable period, with retroactive effect, that right may be restricted by the need to fulfil the legitimate expectations of a beneficiary of the measure, who has been led to rely on the lawfulness thereof.

The withdrawal of a measure vitiated by a manifest error which cannot have escaped the attention of the traders concerned, carried out less than three months after a judgment of the Court has revealed the need for it, is not open to criticism in the light of the above requirements.
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1. Social security for migrant workers - Equal treatment - National rules making payment of a supplementary allowance to pensioners who are nationals of other Member States subject to a twofold condition regarding reciprocity under an international agreement and prior residence - Not permissible

(Council Regulation No 1408/71, Art. 3(1))

2. Member States - Obligations - Failure to fulfil Treaty obligations - Maintenance of national rules incompatible with Community law - Justification based on the existence of administrative practices ensuring that Community law is applied - Not permissible

Summary

1. A Member State which maintains national rules which are incompatible with the principle of equal treatment laid down in Article 3(1) of Regulation No 1408/71 fails to fulfil its obligations under that article in so far as it makes the grant of supplementary allowances intended to increase the amount of pensions paid by way of social security to nationals of Member States covered by the provisions of that regulation who reside on its territory subject to two conditions regarding the signature of reciprocal international agreements with those States and the prior residence of the person concerned on French territory.

2. The maintenance of national legislation which is in itself incompatible with Community law, even if the Member State concerned acts in accordance with Community law, gives rise to an ambiguous state of affairs by maintaining, as regards those subject to the law who are concerned, a state of uncertainty as to the possibilities available to them of relying on Community law. This uncertainty can only be reinforced by the internal character of the purely administrative directions to waive the application of the national law. For that reason it constitutes a failure to fulfil the obligations arising under the Treaty.
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Agriculture - Monetary compensatory amounts - Additional expense resulting from an amendment occurring after the conclusion but before the performance of a contract - Exemption - Determination of the additional expense - Taking into account of both forward currency operations and the exchange advantage obtained - Calculation on the basis of the currencies, even non-Community currencies, used for the currency operations - Requirement of proof of an economic connection between the operations for goods and those for currency - Exception - Case in which no exchange advantage is taken into account because the operations were concluded on the same day

(Commission Regulation No 926/80, Arts 8(3) and 9(2) )

Summary

Article 8(3) of Commission Regulation (EEC) No 926/80 on exemption from the application of monetary compensatory amounts in certain cases where, because those amounts have been changed between the conclusion and the performance of a contract, an economic operator would incur an additional expense, must be interpreted as meaning that the exchange advantage obtained by the operator as a result of a forward currency operation, which is to be deducted from the additional expense for which the exemption is intended to compensate, must be calculated on the basis of the currency actually used by the person concerned for a forward currency operation, even if that currency is not a Community currency.

The second subparagraph of Article 9(2) of that regulation must be interpreted as meaning that, apart from the cases referred to in point (a) of that provision where forward currency operations are not to be taken into account, it is, as a general rule, necessary to produce evidence of the economic connection between the contract for goods and the forward currency operations in order for such operations to be taken into account when determining the additional expense actually incurred by the operator, even though he may be supposed to have obtained an exchange advantage.

However, that connection does not have to be proved where the operator may rely on the prohibition in the final subparagraph of Article 8(3) of that regulation, on the taking into account of any exchange advantage where the two transactions, for goods and for currency, were concluded on the same day, that prohibition being justified by the fact that the concurrency of the two transactions in itself implies that all the monetary circumstances were taken into account on conclusion of the contract for goods.
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1. Preliminary rulings - Jurisdiction of the Court - Limits - Question obviously not relevant

(EEC Treaty, Art. 177)

2. Agriculture - Common organization of the markets - Raw tobacco - Fixing, for a given variety and harvest, of a maximum guaranteed quantity after commencement of cultivation - Retroactive effect - Breach of principles of legal certainty and protection of legitimate expectations - Unlawful

(Council Regulations No 1114/88 and No 2268/88)

Summary

1. A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or the subject-matter of the main action.

2. Regulation No 1114/88 amending Regulation No 727/70 on the common organization of the market in raw tobacco and Regulation No 2268/88 fixing, for the 1988 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities and amending Regulation No 1975/87 are invalid in so far as they lay down a maximum guaranteed quantity for tobacco of the "Bright" variety harvested in 1988.

The retroactivity of those two regulations, which, although not expressly laid down, follows, in the case of Regulation No 1114/88, from the fact that it was published after the operators had made their decisions regarding production for the current year and, in the case of Regulation No 2268/88, from the fact that it was published when those decisions had been put into effect, is at variance with the principle of legal certainty and can be permitted only in exceptional cases, since the purpose of those two regulations, namely to curb tobacco production and to discourage the production of varieties which are difficult to dispose of, could no longer be achieved for the year in question when they were published. Furthermore, the legitimate expectations of the operators concerned were not respected, in so far as the measures adopted, although foreseeable, were introduced at a time when they could no longer be taken into account in formulating investment decisions.