ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

Agriculture - Common agricultural policy - Food aid - Implementation - Tendering procedure - System of securities - Delay in delivery - Penalty - Withholding of part of the delivery security at the time of its release - Withholding of part of the amount payable for the supply - Unlawful

( Commission Regulation ( EEC ) No 2200/87, Arts 18(2 ) and 22(2 ) )

Summary

A penalty, even of a non-criminal nature, cannot be imposed unless it rests on a clear and unambiguous legal basis . It is therefore necessary to annul the Commission' s decision withholding part of the amount due to a tenderer in payment of supply in respect of food aid on the grounds of delay in delivery, when Article 18(2 ) of Regulation No 2200/87 provides for the withholding of part of that amount only where the goods or packaging do not correspond to the requirements and Article 22(2 ) of the same regulation provides for the possibility, which the Commission did not make use of in this case, of penalizing a delay in delivery by withholding part of the security on its release .
Keywords

Operative part



Keywords

++++

Social security for migrant workers - Unemployment - Worker other than a frontier worker, who is wholly unemployed and who, during his last employment, was residing in a Member State other than the State of employment - Residence in a Member State other than the State of employment - Criteria for assessment

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

Operative part

For the purposes of the application of Article 71(1)(b)(ii ) of Council Regulation ( EEC ) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation ( EEC ) No 2001/83 of 2 June 1983, account must be taken of the duration and continuity of the residence of the person concerned before he moved, the length and purpose of his absence, the nature of the work found in the other Member State and the intention of the person concerned as may be ascertained from all the circumstances; the circumstances of fact referred to by the national court are among those which may be taken into account for the purpose of applying those criteria .
Keywords

Summary



Keywords

++++

1. Social policy - Men and women - Equal pay - Concept - System providing for practically automatic classification in a higher salary grade - Included

(EEC Treaty, Art. 119)

2. Social policy - Men and women - Equal pay - Classification of part-time workers in a higher salary grade contingent on double the period of service required of full-time workers - Part-time workers consisting principally of women - Not permissible unless objectively justified

(EEC Treaty, Art. 119)

3. Social policy - Men and women - Equal pay - Article 119 of the Treaty - Direct effect - Scope

(EEC Treaty, Art. 119)

Summary

1. The prohibition of all discrimination between men and women in respect of pay, as laid down in Article 119 of the Treaty, also applies to a system under which a collective agreement provides for practically automatic promotion from one salary grade to another on the basis of length of service.

2. Article 119 of the Treaty precludes a collective agreement, entered into within the national public service, from providing for the period of service of employees working at least three-quarters of normal working time to be fully taken into account for reclassification in a higher salary grade, where only one-half of such period of service is taken into account in the case of employees whose working hours are between one-half and three-quarters of those normal working hours and the latter group of employees comprises a considerably smaller percentage of men than women, unless the employer can prove that such a provision is justified by factors whose objectivity depends in particular on the relationship between the nature of the duties performed and the experience afforded by the performance of those duties after a certain number of working hours have been completed.

3. Where there is indirect discrimination in a provision of a collective agreement, the national court is required to set aside that provision, without requesting or awaiting its prior removal by collective bargaining or any other procedure, and to apply to members of the group disadvantaged by that discrimination the same arrangements as are applied to other employees, arrangements which, failing the correct application of Article 119 of the EEC Treaty in national law, remain the only valid system of reference.
Keywords

Summary



Keywords

++++

Free movement of goods - Quantitative restrictions - Measures having an equivalent effect - Provisions subjecting imports of pasteurized butter to the requirement of a health certificate - Justification - Protection of public health - Not justified

(EEC Treaty, Arts 30 and 36)

Summary

A Member State fails to fulfil its obligations under Article 30 of the Treaty where it subjects imports of pasteurized butter in respect of which the pasteurization process is indicated by means of the label or a mark to requirement of a health certificate when there are no grounds relating to the protection of human health to justify such a measure.
Keywords

Summary



Keywords

++++

1. Social policy - Equal treatment for men and women in matters of social security - Amount of unemployment and invalidity benefits taking account of family responsibilities and income of dependants - Permissibility - Conditions

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

Summary

1. Article 4(1) of Directive 79/7/EEC must be interpreted as meaning that a system of unemployment or invalidity benefits under which the amount of benefit is determined by taking into account both the existence of persons dependent on the beneficiary and any income received by such persons is in conformity with that provision when that system seeks to secure for families a minimum replacement income, and grants to persons cohabiting with a spouse or children without income increases not exceeding the amount of the burdens which may reasonably be imputed to the presence of those persons.

2. Since such a system corresponds to a legitimate objective of social policy and the means deployed to that end are appropriate and necessary, it is justified by reasons unrelated to discrimination on grounds of sex.
Keywords

Summary



Keywords

++++

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the importation of proprietary medicinal products not packaged in accordance with national law - Intention of the importer, who has been issued with the necessary authorization, to carry out that packaging - Not permissible - Protection of health secured by the relevant Community rules

(EEC Treaty, Arts 30 and 36; Council Directives 65/65 and 75/319)

Summary

Articles 30 and 36 of the EEC Treaty preclude national legislation from prohibiting the importation from another Member State of proprietary medicinal products legally marketed in that State for which a marketing authorization has been granted in the importing Member State, simply because they have not been labelled and provided with a package leaflet in accordance with the legal requirements of the importing Member State, although the importer in fact intends to repackage them so as to bring them into line with those requirements with a view to marketing them in the importing Member State and has the manufacturing permit required to that end.

Such a measure is not necessary for the effective protection of human health and life, since the manufacturing and marketing permits issued in accordance with Directives 75/319 and 65/65, which are the only ones required under the Community rules, enable the public authorities to make sure, first, that proprietary medicinal products imported by a parallel importer are identical in point of their composition to products the marketing of which has already been authorized in the national territory and, secondly, that the requirements laid down by national law in relation to the packaging of such products are complied with. The importer holding the manufacturing permit is responsible for ensuring that the imported product complies with the marketing requirements laid down by the law.
Keywords

Summary



Keywords

++++

Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - Obligation on Member States to prohibit trade in products lacking information given in a language easily understood by consumers - Scope - Requirements going beyond that obligation - Not permissible - Breach of Article 30 of the Treaty

(EEC Treaty, Art. 30; Council Directive 79/112, Art. 14)

Summary

Article 14 of Directive 79/112 on labelling and presentation of foodstuffs, which requires Member States to prohibit the sale of such products within their territories if certain particulars "do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed", requires only the prohibition of trade in products whose labelling is not easily comprehensible for the consumer, without imposing the obligation to use a particular language.

National legislation which, on the one hand, imposes a stricter obligation than the use of a language easily understood, such as, for example, exclusive use of a language of the linguistic region where the goods are marketed and, on the other hand, fails to acknowledge the possibility of ensuring that the consumer is informed by other means, goes beyond the requirements of that provision.

The obligation to use exclusively the language of the linguistic region is a measure having equivalent effect to a quantitative restriction on imports, prohibited by Article 30 of the Treaty.
Keywords

Summary



Keywords

++++

Free movement of persons - Right of nationals of Member States to enter and stay in another Member State - Frontier controls - Requirement to state the purpose and duration of the stay and the financial means available for it - Not permissible

(Council Directives 68/360 and 73/148)

Summary

Nationals of Member States of the Community generally have the right to enter the territory of other Member States in the exercise of the various freedoms recognized by the Treaty and in particular the freedom to provide services, which is enjoyed by both providers and recipients of services. The only pre-condition which Member States may impose on the right of such persons to enter their territory is the production of a valid identity document or passport. Consequently, where a Member State requires nationals of another Member State to answer questions concerning the purpose and duration of their stay and the financial means at their disposal for it before being permitted to enter its territory, it is in breach of its obligations under Directive 68/360 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families and Directive 73/148 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services.
Keywords

Operative part



Keywords

++++

Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(EEC Treaty, Art. 169)

Operative part

1. By failing to draw up and communicate to the Commission the programmes and to adopt and communicate the laws, regulations and administrative measures needed to comply with Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the EEC Treaty.

2. The Grand Duchy of Luxembourg is ordered to pay the costs.
Keywords

Summary



Keywords

++++

1. Fisheries - Conservation of fishery resources - Coastal fishing - Special rights granted to fishermen other than those of the contiguous State in areas of the latter' s coastal zone - Unilateral amendment resulting in the application by the coastal State of new baselines - Not permissible

(Council Regulation No 170/83, Art. 6(2) and Annex I)

2. Member States - Obligations - Failure to fulfil obligations - Justification based on the possible failure of another Member State - Not permissible

(EEC Treaty, Arts 169 and 170)

3. Procedure - Costs - Damages - Exemplary behaviour of the Member State responsible for a failure to fulfil obligations

(Rules of Procedure, Art. 69(3) )

Summary

1. Regulation No 170/83 represents a carefully achieved balance between the system of exclusive access to coastal waters for national

fishermen, a system which, in derogation from the principle of equal access, is allowed by the regulation both to continue and to be extended to the zones situated within the 12-mile limit, and the protection of certain activities of fishermen from other Member States within the areas listed in Annex I. That equilibrium, as it results from Article 6, could be compromised if the zones in which the fishing activities defined and authorized therein are carried out were to be shifted and included in areas in which the fishing grounds, natural conditions and density of maritime traffic were to prove very different. It follows that the scope of Annex I to the regulation cannot be altered by the unilateral action of a Member State in shifting its baselines.

It is for that reason that the combined provisions of Article 6(2) and Annex I to the above regulation must be understood as referring to baselines as they existed on 25 January 1983, the date on which the regulation was adopted, and that Member States are consequently precluded from applying in certain areas, for the purposes of the fisheries arrangements laid down for their coastal waters in those provisions, new baselines which are shifted further out to sea than those in force on that date.

2. A Member State cannot justify its failure to fulfil obligations under the Treaty by pointing to the fact that other Member States have also failed, and continue to fail, to fulfil their own obligations. Under the legal order established by the Treaty, the implementation of Community law by Member States cannot be made subject to a condition of reciprocity. Articles 169 and 170 of the Treaty provide suitable means of redress for dealing with the failure by Member States to fulfil their obligations under the Treaty.

3. The exemplary conduct of a Member State which, after adopting measures contested by the Commission and other Member States and ultimately held by the Court, under Article 169 of the Treaty, to constitute a failure to fulfil obligations, voluntarily suspended their application, thereby rendering unnecessary an application to the Court for interim measures, constitutes an exceptional circumstance within the meaning of Article 69(3) of the Rules of Procedure such as to justify an order that each party bear its own costs.
Keywords

Summary



Keywords

++++

1. Freedom to provide services ° Principle of non-discrimination ° Covert discrimination ° Included

(EEC Treaty, Art. 59)

2. Freedom to provide services ° Procedures for the award of public works contracts ° National rules favouring local undertakings ° Prohibited

(EEC Treaty, Art. 59; Council Directive 71/305)

Summary

1. Article 59 of the Treaty prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result.

2. A Member State which reserves any public works to companies which have their registered offices in the region where the works are to be carried out and establishes a preference for temporary associations which include undertakings carrying on their main activity in that region is in breach of its obligations under Article 59 of the EEC Treaty and Directive 71/305 concerning the coordination of procedures for the award of public works contracts.
Keywords

Summary



Keywords

++++

1. Actions against Member States for failure to fulfil obligations ° Subject-matter of the proceedings ° Determination during the pre-litigation procedure ° Subject-matter subsequently widened ° Not permissible

(EEC Treaty, Art. 169)

2. Actions against Member States for failure to fulfil obligations ° Examination by the Court as to whether an action is well founded ° Acknowledgement by the Member State concerned of its failure to fulfil its obligations and of its liability with regard to individuals ° Not material

(EEC Treaty, Art. 169)

3. Approximation of laws ° Procedures for the award of public works contracts ° Directive 71/305 ° Award of contracts ° Condition requiring the use to the greatest possible extent of national products and labour ° Negotiations with a tenderer on the basis of a tender not complying with the tender conditions ° Free movement of goods ° Freedom of movement for persons ° Freedom to provide services ° Not permissible

(EEC Treaty, Arts 30, 48 and 59; Council Directive 71/305)

Summary

1. In actions brought under Article 169, the pre-litigation stage defines the subject-matter of the proceedings and this cannot subsequently be widened. The possibility for the Member State concerned to submit its observations constitutes an indispensable guarantee required by the Treaty and observance of that guarantee is an essential formal requirement of the procedure for establishing that a Member State has failed to fulfil its obligations.

2. In an action for failure to fulfil obligations, brought by the Commission under Article 169 of the Treaty, whose expediency only the Commission decides, it is for the Court to determine whether or not the alleged breach of obligations exists, even if the State concerned no longer denies the breach and recognizes that any individuals who have suffered damage because of it have a right to compensation. Otherwise, by admitting their breach of obligations and accepting any ensuing liability, Member States would be at liberty at any time during Article 169 proceedings before the Court to have them brought to an end without any judicial determination of the breach of obligations and of the basis of their liability.

3. By letting tenders be invited, in a procedure for the award of public works contracts, on the basis of a condition requiring the use to the greatest possible extent of national materials, consumer goods, labour and equipment and by letting negotiations be conducted with the selected tenderer on the basis of a tender not complying with the tender conditions, a Member State fails to fulfil its obligations under Articles 30, 48 and 59 of the Treaty and under Directive 71/305.
8

Having doubts regarding the interpretation and validity of Article 5(2) of Council Regulation No 1697/79 and the interpretation of Article 4 of Commission Regulation No 1573/80, the Tribunal Fiscal Aduaneiro, Oporto, stayed the proceedings and referred the following questions to the Court of Justice for a preliminary ruling: ‘(a) Do the words “the competent authorities may refrain from taking action” at the beginning of the first subparagraph of Article 5(2) of Council Regulation (EEC) No 1697/79 of 24 July 1979 confer on those authorities a discretionary power or a power combined with a duty? (b) If it confers a discretionary power in the field of taxation, will this part of the rule be invalid on the ground that it breaches the principles of taxation in accordance with the law, equality of traders, non-discrimination and the prohibition of arbitrary action (Articles 7 and 28 of the EEC Treaty and Article 4 of the ECSC Treaty) ? (c) For the purposes of Article 5(2), must “error” be understood as referring only to errors of calculation or copying, or as including errors attributable to the person liable for payment? (d) Does it refer only to errors committed by the authorities responsible for post-clearance recovery or also to errors committed by the authorities of the country from which the goods were exported, if that country is a member of the European Communities? (e) Where the person liable for payment supplies the customs authorities, in good faith, with inaccurate or incomplete information — concerning the origin of the goods, for example — will “all the provisions laid down by the rules in force as far as his customs declaration is concerned” nevertheless be observed, as required by Article 5(2) infine? (f) Does the power conferred on the Commission by Article 4 of Commission Regulation (EEC) No 1573/80 of 20 June 1980 as regards amounts greater than ECU 2000 cover all decisions (whether to collect or not to collect duty) or solely decisions not to collect duty? (g) In a constitutional system such as the Portuguese one, which lays down the principle of the primacy of international law over domestic law, does the infringement of secondary Community law by domestic law constitute a case of unconstitutionality which makes it unnecessary to make an immediate reference for a preliminary ruling for the interpretation of Community law? (h) Assuming that the decision to recover duty is to be taken by the national customs authorities, where the person liable for payment submits a reasoned request for a decision to waive recovery, must that request be assessed by the Commission, in order for it to decide whether or not to recover duty, or may it be decided upon by the national customs authorities themselves?’
Keywords

Operative part



Keywords

++++

1. Agriculture - Provisions of the Treaty - Article 46 - Whether applicable after the transitional period - Products not covered by a common organization - Ethyl alcohol of agricultural origin - Countervailing charge - Whether lawful

(EEC Treaty, Art. 46; Commission Regulations No 2541/84 and No 644/85)

2. Agriculture - Countervailing charge imposed on products not covered by a common organization - Ethyl alcohol of agricultural origin produced in France - Processing within a free zone - Finished product intended for another Member State - Levying of the charge

(Commission Regulation No 2541/84, Art. 2, as amended by Regulation No 644/85)

Operative part

1. Consideration of the first question has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EEC) No 2541/84 of 4 September 1984 fixing a countervailing charge on imports into other Member States of ethyl alcohol of agricultural origin produced in France and Commission Regulation (EEC) No 644/85 of 12 March 1985 amending Regulation (EEC) No 2541/84.

2. The countervailing charge provided for in Regulation (EEC) No 2541/84 must be levied on ethyl alcohol which is processed within a free zone and becomes part of a finished product which is to be sent to another Member State, and which has not been placed under any special customs procedure other than customs supervision.
Keywords

Summary



Keywords

++++

Agriculture - Common organization of the markets - Beef - Purchase of meat from intervention for processing - Conditions of purchase - Waiver by the prospective purchaser of all claims as to the quality and characteristics of the product - Scope - Latent defects not susceptible of prior inspection which render the product unfit for processing - Excluded

(Commission Regulation No 2173/79, Art. 2(2)(d) )

Summary

The declaration waiving all claims which is made by the potential purchaser and which is provided for in Article 2(2)(d) of Regulation No 2173/79 on detailed rules of application for the disposal of beef bought in by intervention agencies does not extend to cover possible latent defects which, by their nature, escape detection by any prior inspection by the purchaser before the submission of his purchase application and render the meat put up for sale for processing unfit for that purpose.