ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1. Social policy – Protection of safety and health of workers – Directive 93/104 concerning certain aspects of the organisation of working time – Entitlement to annual leave – Pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85 – Equal treatment of male and female workers – Directive 76/207 – Maternity leave coinciding with period for annual leave fixed by a collective agreement for the entire workforce – Worker’s entitlement to take annual leave outside the period of maternity leave

(Council Directives 76/207, Art. 5(1), 92/85, Art. 11(2)(a), and 93/104, Art. 7(1))

2. Social policy – Protection of safety and health of workers – Pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85 – Maternity leave coinciding with period for annual leave fixed, by a collective agreement, for the entire workforce – Worker’s entitlement to a longer period of annual leave, provided for by national law, than the minimum laid down by Directive 93/104

(Council Directives 92/85, Art. 11(2)(a), and 93/104)

Summary

1. Article 7(1) of Directive 93/104 concerning certain aspects of the organisation of working time, Article 11(2)(a) of Directive 92/85 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and Article 5(1) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions are to be interpreted as meaning that a worker must be able to take her annual leave during a period other than the period of her maternity leave, including in a case in which the period of maternity leave coincides with the general period of annual leave fixed, by a collective agreement, for the entire workforce.

(see para. 41, operative part 1)

2. As regards the preservation of rights connected with the employment contract, Article 11(2)(a) of Directive 92/85 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding is to be interpreted as also applying to the entitlement of a worker, whose period of maternity leave coincides with the general period of annual leave fixed, by a collective agreement, for the entire workforce, to a longer period of annual leave, provided for by national law, than the minimum laid down by Directive 93/104 concerning certain aspects of the organisation of working time.

(see para. 45, operative part 2)
Keywords

Summary



Keywords

Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction over consumer contracts – Definition of ‘consumer contract’ – Contract relating to goods intended partly for business and partly for private purposes – Excluded except where business use is limited – Determination by the national court – Criteria

(Convention of 27 September 1968, Arts 13 to 15)

Summary

The rules of jurisdiction laid down by the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic, by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic and by the Convention of 29 November 1996 on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden must be interpreted in the following way:

– a person who concludes a contract for goods intended for purposes which are in part within and in part outside his trade or profession may not rely on the special rules of jurisdiction laid down in Articles 13 to 15 of the Convention, unless the trade or professional purpose is so limited as to be negligible in the overall context of the supply, the fact that the private element is predominant being irrelevant in that respect;

– it is for the court seised to decide whether the contract at issue was concluded in order to satisfy, to a non-negligible extent, needs of the business of the person concerned or whether, on the contrary, the trade or professional purpose was negligible;

– to that end, that court must take account of all the relevant factual evidence objectively contained in the file. On the other hand, it must not take account of facts or circumstances of which the other party to the contract may have been aware when the contract was concluded, unless the person who claims the capacity of consumer behaved in such a way as to give the other party to the contract the legitimate impression that he was acting for the purposes of his business.

(see para. 54, operative part)
Keywords

Summary



Keywords

Social policy – Information and consultation of workers in Community-scale undertakings– Directive 94/45 – Information essential for the opening of negotiations for the establishment of a European Works Council – Request made to an undertaking in the group not in possession of that information – Obligation for the central management of the group or for the deemed central management, under Article 4(2) of the Directive, to provide that information

(Council Directive 94/45, Art. 4(1), Art. 4(2), second subpara., and Art. 11)

Summary

Article 4(1) and Article 11 of Council Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees must be interpreted as meaning that Member States are required to impose on undertakings established within their territory and constituting the central management of a Community-scale group of undertakings for the purposes of Article 2(1)(e) and Article 3(1) of the directive, or the deemed central management under the second subparagraph of Article 4(2), the obligation to supply to another undertaking in the same group established in another Member State the information requested from it by its employees’ representatives, where that information is not in the possession of that other undertaking and it is essential for opening negotiations for the setting up of a European Works Council.

(see para. 67, operative part)
Case C-388/01





Commission of the European Communities

v

Italian Republic





«(Failure of a Member State to fulfil obligations – Freedom to provide services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralised State authorities)»

Opinion of Advocate General Stix-Hackl delivered on 10 October 2002 I - 0000

Judgment of the Court (Sixth Chamber), 16 January 2003 I - 0000

Summary of the Judgment
Case C-436/01





Commission of the European Communities

v

Kingdom of Belgium





«(Failure of a Member State to fulfil obligations – Directive 98/81/EC – Failure to transpose within the prescribed period)»

Opinion of Advocate General Jacobs delivered on 14 January 2003 I - 0000

Judgment of the Court (Second Chamber), 13 March 2003 I - 0000

Summary of the Judgment
JUDGMENT OF THE COURT (Sixth Chamber)

13 February 2003

((Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora))

applicant,

v

defendant,

THE COURT (Sixth Chamber),,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 29 January 2002,
Case C-268/01





Agrargenossenschaft Alkersleben eG

v

Freistaat Thüringen





(Reference for a preliminary ruling from the Verwaltungsgericht Weimar)

«(Milk and milk products – Council Regulation (EEC) No 3950/92 – Scheme applicable to the territory of the former German Democratic Republic – Reference quantities – Concepts of producer and holding – Lessee of a holding situated within that territory)»

Opinion of Advocate General Léger delivered on 14 November 2002 I - 0000

Judgment of the Court (Second Chamber), 8 May 2003 I - 0000

Summary of the Judgment

1.. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Producer – Definition – Obligation to produce the reference quantity in the units operated at the time of allocation thereof – None – Producers established in the territory of the former German Democratic Republic – Freedom to produce the reference quantity in the place of production of their choice – Conditions

(Council Regulation No 3950/92, Arts 3(2), 9(c) and (d))

2.. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Award of reference quantities exempt from the levy – Holding situated, at the time of the award, in an area forming part of the territory of the former German Democratic Republic – Incorporation of a part of that territory within a pre-existing land of the Federal Republic of Germany – Possibility afforded to the producer to transfer his production to that part of territory – Conditions

(Council Regulation No 3950/92, Arts 3(2), 4(4), 5, 9(c) and (d))

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2.
Joined Cases C-20/01 and C-28/01





Commission of the European Communities

v

Federal Republic of Germany





«(Failure of a Member State to fulfil obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions)»

Opinion of Advocate General Geelhoed delivered on 28 November 2002 I - 0000

Judgment of the Court (Fifth Chamber), 10 April 2003 I - 0000

Summary of the Judgment

1.. Actions against Member States for failure to fulfil obligations – Commission's right to bring an action – Exercise of that right not dependent on a specific interest in bringing an action

(Art. 226 EC)

2.. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Award of contracts – Negotiated procedure without prior publication of a contract notice – Conditions governing permissibility – Technical or artistic reasons, or reasons connected with the protection of exclusive rights – Meaning – Environmental protection – Whether included

(Council Directive 92/50, Art. 11(3)(b))

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2.
JUDGMENT OF THE COURT (Fifth Chamber)

12 June 2003

((Sixth VAT Directive – Article 13B(b) – Exempt transactions – Letting of immovable property – Meaning – Cigarette vending machines installed in commercial premises))

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of Sinclair Collis Ltd, the United Kingdom Government and the Commission at the hearing on 18 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 10 October 2002,
Case C-18/01





Arkkitehtuuritoimisto Riitta Korhonen Oy and Others

v

Varkauden Taitotalo Oy





(Reference for a preliminary ruling from the Kilpailuneuvosto)

«(Directive 92/50/EEC – Public service contracts – Definition of contracting authority – Body governed by public law – Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority)»

Opinion of Advocate General Alber delivered on 11 July 2002 I - 0000

Judgment of the Court (Fifth Chamber), 22 May 2003 I - 0000

Summary of the Judgment

1.. Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant questions and hypothetical questions in a context which precludes any useful answer – Questions not related to the purpose of the main proceedings

(Art. 234 EC)

2.. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Contracting authorities – Body governed by public law – Definition – Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority – Included – Needs in the general interest, not having an industrial or commercial character – Assessment by the national courts – Criteria

(Council Directive 92/50, Art. 1(b), second para.)

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2.
Joined Cases C-83/01 P, C-93/01 P and C-94/01 P





Chronopost SA, La Poste and French Republic

v

Union française de l'express (Ufex) and Others





«(Appeal – State aid – Postal sector – Public undertaking entrusted with a service of general economic interest – Logistical and commercial assistance to a subsidiary not operating in a reserved sector – Concept of State aid – Criterion of private operator acting under normal market conditions)»

Opinion of Advocate General Tizzano delivered on 12 December 2002 I - 0000

Judgment of the Court, 3 July 2003 I - 0000

Summary of the Judgment
Case C-467/01





Ministero delle Finanze

v

Eribrand SpA, formerly Eurico Italia SpA





(Reference for a preliminary ruling from the Corte d'appello di Genova)

«(Export refunds – Articles 47 and 48 of Regulation (EEC) No 3665/87 – Grant of extensions of time)»

Opinion of Advocate General Stix-Hackl delivered on 14 January 2003 I - 0000

Judgment of the Court (First Chamber), 19 June 2003 I - 0000

Summary of the Judgment

1.. Agriculture – Common organisation of the markets – Export refunds – Production of documentary evidence – Failure to meet the statutory deadline – Grant of extensions of time – Length within the discretion of the national authorities

(Commission Regulation No 3665/87, Arts 47(4) and 48(2))

2.. Agriculture – Common organisation of the markets – Export refunds – Production of documentary evidence – Failure to meet the statutory deadline – Power of the Member States to grant extensions of time – Right to a legal remedy of an operator who has been refused an extension – Application of national law – Limits

(Commission Regulation No 3665/87, Art. 47(4))

1.

2.
Case C-109/01





Secretary of State for the Home Department

v

Hacene Akrich





(Reference for a preliminary ruling from the Immigration Appeal Tribunal)

«(Freedom of movement for workers – National of a non-Member State who is the spouse of a national of a Member State – Spouse under a prohibition on entering and remaining in that Member State – Temporary establishment of the couple in another Member State – Establishment with a view to acquisition by spouse of a right under Community law to enter and remain in the first Member State – Abuse)»

Opinion of Advocate General Geelhoed delivered on 27 February 2003

Judgment of the Court, 23 September 2003

Summary of the Judgment

1.. Freedom of movement for persons – Workers – Right of residence of family members – Right of residence of spouse who is a national of a non-Member State – Conditions – Lawful residence in the territory of a Member State

(Council Regulation No 1612/68, Art. 10)

2.. Freedom of movement for persons – Workers – Right of residence of family members – Right of residence of spouse who is a national of a non-Member State – Couple exercising right to freedom of movement then returning to the State of origin – Objectives pursued – Not relevant – Limits – Marriages of convenience to circumvent national rules on entry and residence in the case of nationals of non-Member States

(Council Regulation No 1612/68, Art. 10)

3.. Freedom of movement for persons – Workers – Right of residence of family members – Right of residence of spouse who is a national of a non-Member State – Couple exercising right to freedom of movement then returning to the State of origin – Refusal of entry and residence in the absence of lawful residence in a Member State – Regard paid to the European Convention on Human Rights – Right to respect for family life

(European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 8; Council Regulation No 1612/68, Art. 10)

1.

2.

3.
Case C-285/01





Isabel Burbaud

v

Ministère de l'Emploi et de la Solidarité





(Reference for a preliminary ruling from the Cour administrative d'appel de Douai)

«(Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC))»

Opinion of Advocate General Stix-Hackl delivered on 12 September 2002

Opinion of Advocate General Stix-Hackl delivered on 11 February 2003

Judgment of the Court, 9 September 2003

Summary of the Judgment

1.. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration – Scope of Directive 89/48 – Employment in the public service – Included

(EC Treaty, Art. 48(4) (now, after amendment, Art. 39(4) EC); Council Directive 89/48)

2.. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration – Scope of Directive 89/48 – Definition of regulated profession – National legal classifications not relevant

(Council Directive 89/48)

3.. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration – Directive 89/48 – Definition of diploma – Passing the final examination of a national public health college of a Member State – Included – Equivalence of such a diploma and a diploma obtained in another Member State – Assessment to be made by the national court

(Council Directive 89/48, Art. 3, first para., point (a))

4.. Freedom of movement for persons – Workers – Access to hospital public service conditional, for persons holding a diploma obtained in a Member State and equivalent to that required in the host Member State, on passing an entrance examination for a national public health college – Not permissible

(EC Treaty, Art. 48 (now, after amendment, Art. 39 EC)

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Case C-191/01 P





Office for Harmonisation in the Internal Market (Trade Marks and Designs)

v

Wm. Wrigley Jr. Company





«(Appeal – Community trade mark – Regulation (EC) No 40/94 – Absolute ground for refusal to register – Distinctive character – Marks consisting exclusively of descriptive signs or indications – DOUBLEMINT)»

Opinion of Advocate General Jacobs delivered on 10 April 2003 I - 0000

Judgment of the Court, 23 October 2003 I - 0000

Summary of the Judgment
Case C-489/01

Commission of the European Communities

v

United Kingdom of Great Britain and Northern Ireland

(Failure of a Member State to fulfil obligations ? Failure to implement Directive 97/9/EC ? Territory of Gibraltar)

«Compétence judiciaire, reconnaissance et exécution des décisions en matière civile et commerciale — Règlement (CE) nº 44/2001 — Reconnaissance et exécution — Article 34, point 2 — Décision rendue par défaut — Motif de refus — Notion de défendeur défaillant 'en mesure' d'exercer un recours contre la décision — Défaut de signification et de notification de celle-ci.»

Judgment of the Court (Second Chamber), 16 October 2003

Summary of the Judgment

Actions for failure to fulfil obligations ? Examination of merits by the Court ? Situation to be taken into consideration ? Situation at the end of the period laid down in the reasoned opinion Art. 226 EC)

47, 49 et disp.)
Case C-216/01





Budějovický Budvar, národní podnik

v

Rudolf Ammersin GmbH





(Reference for a preliminary ruling from the Handelsgericht Wien (Austria))

«(Protection of geographical indications and designations of origin – Bilateral convention between a Member State and a non-member country protecting indications of geographical source from that non-member country – Articles 28 EC and 30 EC – Regulation (EEC) No 2081/92 – Article 307 EC – Succession of States in respect of treaties)»

Opinion of Advocate General Tizzano delivered on 22 May 2003

Judgment of the Court, 18 November 2003

Summary of the Judgment

1.. Agriculture – Uniform laws – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Matters covered by Regulation No 2081/92 – Provision of a bilateral agreement between a Member State and a non-member country protecting a simple and indirect indication of geographical origin – Not covered

( Council Regulation No 2081/92, Art. 2(2)(b))

2.. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Provision of a bilateral agreement between a Member State and a non-member country protecting a simple and indirect indication of geographical origin – Justification – Condition – Lack of generic nature

( Arts 28 EC and 30 EC)

3.. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Provision of a bilateral agreement between a Member State and a non-member country protecting a name without direct or indirect connection to the country of geographical origin – Not permissible

(Art. 28 EC)

4.. International agreements – Agreements concluded by Member States – Agreements predating the EC Treaty – Provision of bilateral agreements concluded between a Member State and a non-member country contrary to the Treaty – Application by the court of the Member State – Whether permissible – Obligation to eliminate any incompatibilities between a prior agreement and the Treaty

(Art. 307, first and second paras, EC)

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Case C-501/01





Kingdom of the Netherlands

v

Commission of the European Communities





«(Annulment of Commission Decision 2001/739/EC of 17 October 2001 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1998)»

Opinion of Advocate General Stix-Hackl delivered on 26 June 2003

Judgment of the Court (Fifth Chamber), 6 November 2003

Summary of the Judgment

1.. Agriculture – Approximation of laws on health policy – Financial contribution of the Community to veterinary measures taken by Member States – Emergency measures in the event of the occurrence of certain animal diseases – Commission's power to review – Scope – Financial adjustment where the measures adopted are inadequate – Where contested by the Member State concerned – Burden of proof

(Council Decision 90/424)

2.. Agriculture – Approximation of laws on health policy – Financial contribution of the Community to veterinary measures taken by Member States – Emergency measures in the event of the occurrence of certain animal diseases – Adjustments to the Community financial contribution – Limits – Financial aid for the eradication of classical swine fever in the Netherlands – Linear adjustment – Principle of proportionality – Breach – None

(Council Decision 90/424; Commission Decisions 2000/362 and 2001/739)

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