ddrg/super_eurlex huggingface dataset:
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Officials - Applications - Prior complaint through official channels - Uniformity of subject-matter and grounds - Submissions and arguments not included in the complaint but closely linked to it - Whether admissible

( Staff Regulations, Arts 90 and 91 )

Summary

Under the scheme of the Staff Regulations, the object of the pre-litigation procedure, which is commenced by the lodging of an official complaint, is to permit an amicable settlement of the differences which have arisen between officials or servants of the Communities and the administration . In order that such a procedure may fulfil its purpose, it is necessary for the appointing authority to be in a position to know in sufficient detail the criticisms made by those concerned of the contested decision .

At the stage of proceedings before the Court, an official may not submit conclusions having a subject-matter different from those raised in the complaint or put forward heads of claim based on matters other than those relied on in the complaint . The submissions and arguments made to the Court in support of those heads of claim need not necessarily appear in the complaint, but must be closely linked to it . In any event, at the pre-litigation stage the administration must not interpret the complaints restrictively but, on the contrary, must consider them with an open mind .
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Agriculture - Common organization of the markets - Pigmeat - Fresh, chilled or frozen pigmeat from non-member countries - Health inspections organized in accordance with Article 9 of Directive 64/433 - Dues - Whether permissible - Derogation from the prohibition of charges having equivalent effect - Non-discrimination between the system of intra-Community trade and that of trade with non-member countries

( Regulation No 121/67 of the Council, Art . 17(2 ); Council Directive 64/433, Art . 9 )

Operative part

Article 9 of Directive 64/433/EEC in conjunction with Article 17(2 ) of Regulation No 121/67 constitutes, with regard to health and animal-health inspections carried out on imports of fresh, chilled or frozen pigmeat from non-member countries, a derogation from the prohibition of the imposition of health inspection charges to the extent necessary to ensure non-discriminatory treatment, on the one hand, of traders who, in the course of intra-Community trade, place fresh meat on the market and thereby become liable to pay health inspection charges in the exporting Member State and, on the other, of traders who import such products from non-member countries, provided that those charges do not exceed the actual cost of the inspection .
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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 who have not had an occupation or whose occupation was not interrupted by one of the risks referred to in Article 3(1)(a ) of the Directive and who are not seeking work - Excluded

( Council Directive 79/7, Arts 2 and 4 )

Summary

Article 2 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 meaning that the Directive does not apply to persons who have not had an occupation or have had an occupation which was not interrupted by one of the risks referred to in Article 3(1)(a ) of the Directive and are not seeking work .

The fact that the person concerned stopped working and was no longer available for employment before the last date for transposing the Directive is irrelevant in that regard .

Persons who are thus excluded from the application of the Directive may not rely on Article 4 of the Directive, which defines the scope of the principle of equal treatment .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Products in free circulation - Requirement of an import licence - Prohibition - Exception - Authorization by the Commission pursuant to Article 115 - Requirements concerning declaration of origin and criminal penalties - Whether permissible - Conditions

( EEC Treaty, Arts 30 and 115 )

Summary

National rules making the importation from a Member State in which they are in free circulation of products originating in a non-member country subject to the issue of an import licence constitutes a quantitative restriction prohibited by Article 30 of the EEC Treaty, except where the Member State has been authorized by the Commission under Article 115 of the Treaty not to apply Community treatment to the products in question . Where no such authorization has been granted, Member States may not require the exporter to declare, as regards the origin of the products, anything other than what he knows or may reasonably be expected to know; they may attach criminal penalties to the omission or inaccuracy of such a declaration, but not penalties of the kind attaching to false declarations made with a view to effecting prohibited imports, even if the purpose of the false declaration was fraudulent . Where such authorization has been granted, and subject to its limits, Member States may declare that imports effected without an advance licence are subject to the criminal penalties attaching to the undeclared importation of prohibited goods; they may require the importer to declare the origin of the imported products and may attach to any infringement of that obligation the criminal penalties attaching to false declarations made with a view to effecting prohibited imports .
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1.Own resources of the European Communities - Establishment and making available by the Member States - Credit to the Commission' s account - Late - Obligation to pay default interest

( Council Regulation No 2891/77, Art . 11 )

2.Member States - Obligations - Obligation to penalize infringements of Community law - Scope

( EEC Treaty, Art . 5 )

Summary

1.There is an inseparable link between the obligation to establish the Community' s own resources, the obligation to credit them to the Commission' s account within the prescribed time-limit and the obligation to pay default interest . The interest is payable regardless of the reason for the delay in making the entry in the Commission' s account .

2.Where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member State to take all measures necessary to guarantee the application and effectiveness of Community law .

For that purpose, whilst the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive . Moreover, the national authorities must proceed, with respect to infringements of Community law, with the same diligence as that which they bring to bear in implementing corresponding national laws .
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Free movement of persons - Right of entry and of residence of nationals of the Member States - Administrative formalities - Whether permissible - Conditions - Not met - Penalties - Limits

( EEC Treaty, Art . 48 et seq .)

Summary

The obligation, imposed by the competent authorities of the Member States on nationals of other Member States exercising their right to freedom of movement, to report their presence to the authorities of the State concerned may not in itself be regarded as an infringement of the rules concerning freedom of movement for persons . However, such an infringement might result from legal formalities if those formalities were designed in such a way that they restricted the freedom of movement required by the Treaty or limited the right conferred on nationals of the Member States to enter and reside in the territory of any other Member State for the purposes intended by Community law . Such is the case, in particular, when the time allowed for making the declaration of arrival by foreigners is not reasonable or when the penalties for failure to discharge that obligation are disproportionate to the gravity of the infringement, for example because they include imprisonment .

It is therefore incompatible with the provisions of Community law on the free movement of persons for a Member State to impose on nationals of other Member States exercising their right to freedom of movement the obligation, subject to a penal sanction for failure to comply, to make a declaration of residence within three days of entering that State' s territory .
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Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation suspending the advance fixing of aid in the context of a common organization of a market

( EEC Treaty, Art . 173, second paragraph; Commission Regulation No 1910/88 )

Summary

A regulation suspending the advance fixing of aid in the context of a common organization of a market affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension . Such a regulation applies to objectively defined situations and produces legal effects with respect to classes of persons envisaged in abstract terms . It is thus of general application and is not of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to undertakings whose applications for advance fixing of the aid are pending when the suspension of advance fixing takes effect .
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1.Officials - Posting - Regrading of post - Reclassification of official - Absence of applicable provisions

2.Officials - Recruitment - Vacancy notice - Subject-matter

( Staff regulations, Arts 4 and 29 )

3.Officials - Promotion - Comparative examination of merits - A 3 posts - Criteria

( Staff Regulations, Art . 45 )

4.Officials - Promotion - Statement of reasons - Obligation - None

( Staff Regulations, Art . 45 )

5.Officials - Promotion - Power of appraisal of the administration - Judicial review - Limits

( Staff Regulations, Art . 45 )

Operative part

( 1)Dismisses the application;

( 2 ) Orders each party to bear its own costs .
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1.Social security for migrant workers - Benefits - Community rules against overlapping - Overlapping in relation to family benefits

( Council Regulation No 1408/71, Art . 12(1 ) )

2.Social security for migrant workers - Family benefits - Community rules against overlapping - Entitlement to benefits in the Member State of employment of one parent in respect of members of the family residing in another Member State - Spouse in receipt of family benefits in respect of the same members of family in a third Member State by reason of employment - Conditions for exercising the right to benefits - Amount of benefits actually received in the third Member State lower than that provided for in the legislation of the first Member State - Entitlement limited to a supplement to benefits

( EEC Treaty, Art . 51; Council Regulation No 1408/71, Arts 12 and 73 )

Summary

1.It follows from the wording of Article 12(1 ) of Regulation No 1408/71 that overlapping of benefits occurs not only when one person is entitled to two different family benefits at the same time, but also when two different persons, such as for example both parents, are entitled to such benefits in respect of the same child .

2.In accordance with the aim of Article 51 of the Treaty, to which reference should be made when the Community rules do not provide for a specific situation, Articles 12 and 73 of Regulation No 1408/71 must be interpreted as meaning that a worker' s right to family benefits in the Member State of employment in respect of members of his family residing in a second Member State, when family benefits are already being paid in respect of the same members of family to his or her spouse in a third Member State in which that spouse is employed, may be exercised where the amount of family benefits actually received in the third Member State is lower than the amount of benefit in the first Member State, in which case the worker is entitled to an additional benefit, payable by the competent institution of the first State, equal to the difference between the two amounts .
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1 . Acts of the institutions - Regulations - Basic regulation requiring implementing measures - Implementing regulation not adopted - Application of the implementing regulation of a previous basic regulation, since repealed - Conditions

( Council Regulations Nos 817/70, Art . 5(2 ), 338/79, Art . 6(2 ) and 823/87, Art . 6(2 ); Regulation No 1698/70 of the Commission )

2 . Agriculture - Common organization of the markets - Wine - Quality wines produced in specified regions - Production rules - Derogations - Processing of grapes and grape musts outside the region in which they were harvested - Derogation conditional upon authorization granted by national authorities in compliance with Community rules

( Council Regulations Nos 338/79, Art . 6(2 ) and 823/87, Art . 6(2 ); Regulation No 1698/70 of the Commission )

Summary

1 . In a situation where a provision of a basic regulation cannot be applied unless implementing measures are adopted and where such measures have not been adopted, the provisions of a previous regulation which were adopted, for the implementation of an identical provision in a previous basic regulation since repealed, in accordance with a procedure identical to that laid down in the basic regulation may be deemed to stand in their stead until such time as such measures are adopted, provided that the provisions concerned are in no way inconsistent with subsequent Community legislation in the relevant field .

Regulation No 1698/70 of the Commission, which was adopted on the basis of Article 5(2 ) of Council Regulation No 817/70, must be regarded as the enactment embodying the detailed rules for the application of Article 6(2 ) of Council Regulation No 823/87 until such time as an new enactment is adopted or, as the case may be, of Article 6(2 ) of its predecessor, Council Regulation No 338/79 .

2 . Regulation No 823/87 laying down special provisions relating to quality wines produced in specified regions, and its predecessor, Regulation No 338/79, must be interpreted as requiring all operations concerning, or storage of, products in the course of vinification which have not yet become quality wine psr or quality sparkling wine psr to be carried out within the specified region of production and the Member States may derogate from that rule only subject to the limits and conditions laid down in Article 6(2 ) of the abovementioned regulations and in Regulation No 1698/70 on certain derogations concerning the production of quality wines produced in specified regions .
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1.Officials - Organization of departments - Assignment of staff - Discretionary power of the administration - Limits - Interest of the service - Compliance with the principle that the post to which an official is assigned should correspond to his grade - Obligation to state the grounds and to give the official concerned a hearing beforehand - None

( Staff Regulations of Officials, Art . 7(1 ) )

2.Officials - Organization of departments - Assignment of staff - Reassignment in the interest of the service - Conditions

( Staff Regulations of Officials, Art . 7(1 ) )

3.Officials - Decision adversely affecting an official - Concept - Decision involving the transfer of an official against his will - Obligation to state the grounds - Scope

( Staff Regulations of Officials, Art . 25, second paragraph )

Summary

1.The Community institutions have a wide discretion to organize their departments to suit the task entrusted to them and to assign the staff available to them in the light of such tasks, on condition, however, that the staff are assigned in the interests of the service and in conformity with the principle of assignment to an equivalent post .

The administration is not obliged to provide a statement of reasons for a mere measure of internal organization which does not affect the official' s position under the Staff Regulations or infringe the principle that the post to which he is assigned should correspond to his grade, or to give the official concerned a hearing beforehand .

2.The transfer of an official in order to put an end to an administrative situation which has become intolerable must be regarded as having been taken in the interest of the service .

However, a decision to reassign an official which involves his moving to another place of employment against his will must be taken with the necessary diligence and with particular care, in particular having regard to the personal interests of the official concerned .

3.A decision involving the transfer of an official against his will is a measure adversely affecting the official within the meaning of Article 25 of the Staff Regulations and must therefore state the grounds on which it is based . Such a decision contains an adequate statement of grounds if the decision which is the subject-matter of the action was taken in circumstances known to the official concerned and enables him to be aware of the scope of the decision taken in his regard . That condition is met if the decision at issue was preceded by meetings in the course of which the Director-General for Personnel and Administration explained to the applicant the situation and the reasons for the planned reassignment .
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Own resources of the European Communities - Resources accruing from value-added tax - Basis of assessment - Exempt transactions - Method of calculation - Calculation on the basis of turnover less the amount of value-added tax paid on inputs - Whether permissible

( Council Regulation No 2892/77, Art . 9(2 ) )

Summary

The second indent of Article 9(2 ) of Regulation No 2892/77 on the Communities' own resources accruing from value-added tax provides that in respect of certain transactions which Member States are allowed under Directive 77/388 to exempt from tax the basis of assessment for VAT own resources must be calculated as if those transactions were taxed, in such a way that those Member States which choose exemption and those which choose taxation are treated equally in respect of VAT own resources . In view of the imprecision of that article, which allows various methods of calculation, it must be held that a Member State does not fail to fulfil its obligations under the Treaty if, when calculating the amount of own resources corresponding to the exempt transactions which must be incorporated in the basis of assessment for own resources, it deducts from the turnover in respect of those transactions the amount of value-added tax paid on inputs in order to arrive at a basis of assessment which is equal to the sum of the net purchase value of the goods and services used for the transactions in question and the value added in those transactions, that basis of assessment being independent of the rate of value-added tax on inputs .
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1 . Tax provisions - Domestic taxation - System of differentiated taxation - Most heavily taxed category comprising only imported products - Whether permissible - Conditions - Absence of incentives to buy domestic products

( EEC Treaty, Art . 95 )

2 . Tax provisions - Domestic taxation - System of differentiated taxation for cars - Increase in taxation above a specified cylinder-capacity threshold affecting only imported cars - Whether permissible - Absence of discriminatory or protective effect

( EEC Treaty, Art . 95 )

Summary

1 . A system of taxation of products in which the amount of the taxes increases progressively according to an objective criterion is not, as such, prohibited by Community law and cannot be regarded as discriminatory solely because only imported products, in particular those from other Member States, come within the most heavily taxed category . It is in breach of the prohibition contained in Article 95 of the Treaty where it is liable to discourage the purchase of the more heavily taxed products so as to benefit domestically manufactured products .

2 . A system of progressive taxation of cars in which there is a cylinder-capacity threshold above which the progression of the tax is much steeper and a very small difference in cylinder capacity gives rise to a very large difference in tax has neither a discriminatory nor a protective effect in so far as consumers wishing to avoid the high taxation, which affects only imported cars, will choose either from another range of foreign-manufactured cars or from a range of cars which includes both those manufactured domestically and those manufactured abroad .
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1 . Fishery - Common organization of the markets - Withdrawal of fishery products from the market - Grant of financial compensation to producers' organizations - Conditions - Compliance with common marketing standards

( Council Regulations Nos 103/76, 3796/81 and 2202/82 )

2 . Fishery - Common organization of the markets - Withdrawal of fishery products from the market - Grant of financial compensation to producers' organizations - Infringement of limited importance committed by a producers' organization - Meaning - Burden of proof

( Commission Regulation No 3137/82, Art . 13(1 ) )

Summary

1 . The provisions of Regulation No 3796/81 on the common organization of the market in fishery products and those of Regulation No 2202/82 laying down general rules for the granting of financial compensation in respect of certain fishery products must be interpreted as meaning that no financial compensation is to be granted to a producers' organization for fish withdrawn at the Community withdrawal price, such fish having been graded and marketed in accordance with Regulation No 103/76 laying down common marketing standards for certain fresh or chilled fish, if that producers' organization has failed to a significant extent to comply with the common marketing standards laid down by that regulation in respect of other fish of the withdrawn species put up for sale but not withdrawn during the same period .

2 . The offering for sale of a product which does not conform to the common marketing standards is only to be regarded as an infringement of limited importance of the rules for financial compensation, within the meaning of Article 13(1 ) of Regulation No 3137/82 laying down detailed rules for the granting of financial compensation in respect of certain fishery products, if the infringement is occasional and relates to minimal quantities of the product in question and, secondly, is not of such a nature as to disturb the market . The burden of proving the limited importance of the infringement rests on the producers' organization concerned .
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Agriculture - Common organization of the markets - Pigmeat - Export refunds - Products qualifying for refunds - Parts of specific cuts treated in the same way as those cuts - Conditions - Maintenance of natural proportions of muscle tissue and bone

( Commission Regulations Nos 3602/82, Arts 2(2 ) and 3, and 263/83, Annex )

Summary

The requirement under the first subparagraph of Article 2(2 ) and under Article 3, inserting Additional Note No 2 to Chapter 2 of the Common Customs Tariff, of Regulation No 3602/82, that parts of certain cuts of pigmeat must contain muscle tissue and bones "in natural proportion to the entire cuts" in order to fall within the same tariff subheading as those cuts and thus qualify for export refunds under Regulation No 263/83, must be interpreted as meaning that, after cutting, the natural proportions of muscle tissue and bones in the cuts must not be altered .