ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1.Social security for migrant workers - Unemployment - Periods of insurance and periods of employment - Concepts

( Regulation No 1408/71 of the Council, Arts 1(r ) and ( s ) and 67(1 ) )

2.Social security for migrant workers - Unemployment - Legislation making the grant of benefits subject to the completion of periods of insurance - Aggregation of periods of insurance - Taking into account of periods of employment completed in another Member State - Conditions

( Regulation No 1408/71 of the Council, Art . 67(1 ) )

Summary

1 . Where entitlement to unemployment benefits is concerned, the term "periods of insurance" in Article 1(r ) of Regulation No 1408/71 must be understood as referring not only to periods in which contributions to an unemployment insurance scheme were paid but also to periods of employment considered by the legislation under which they were completed as equivalent to periods of insurance, that is to say periods in which insurance cover by such a scheme is guaranteed . The term "periods of employment" defined in Article 1(s ) of Regulation No 1408/71 thus covers only periods of work which, according to the legislation under which they were completed, are not regarded as periods conferring entitlement to affiliation to a scheme providing unemployment benefits .

2.For the grant of unemployment benefits, Article 67(1 ) of Regulation No 1408/71 does not make the aggregation, by the competent institution of a Member State whose legislation makes the grant of such benefits dependent on the completion of periods of insurance, of periods of employment completed in another Member State subject to the condition that such periods should be treated as periods of insurance for the same branch of social security by the legislation under which they were completed .
Keywords

Operative part



Keywords

++++

1 . Competition - Agreements, decisions and concerted practices - Exclusive distribution agreement - Control and hindrance of parallel imports - Restriction of competition

( EEC Treaty, Art . 85(1 ) )

2 . Competition - Community rules - Infringements - Committed intentionally - Concept

( Regulation No 17 of the Council, Art . 15 )

3 . Competition - Fines - Amount - Determination - Turnover taken into account

( Regulation No 17 of the Council, Art . 15(2 ) )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the applicant to pay the costs .
Keywords

Summary



Keywords

++++

Officials - Staff Regulations - Conditions of Employment of Other Servants - Scope - Language teachers - Contracts governed by the law of a Member State - Whether permitted

( Staff Regulations; Conditions of Employment of Other Servants )

Summary

The Staff Regulations of Officials and the Conditions of Employment of Other Servants do not constitute an exhaustive body of rules prohibiting the employment of persons otherwise than within the framework of those rules . On the contrary, the Commission' s powers to conclude contracts governed by the law of a Member State extends to contracts of employment or contracts for the provision of services .

Such contracts will, however, be unlawful if the Community determines the terms of employment not in the light of the needs of the service, but with a view to avoiding the application of the Staff Regulations or the Conditions of Employment of Other Servants .

That is not the case in regard to the recruitment of language teachers on the basis of contracts for an indefinite period governed by the law of a Member State . Although linguistic training for the staff is undoubtedly important for the proper functioning of the institutions of a multilingual Community, it does not constitute one of the functions which the Treaties assign to the institutions . In those circumstances, it must be accepted that the Commission has a discretion as to the most appropriate means of meeting a need of that kind in the light of the interests of the service .
Keywords

Summary



Keywords

++++

1. Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value - Constructed value - Purpose of construction - Selling, administrative and other general expenses to be taken into consideration

(Council Regulation No 2176/84, Art. 2(3)(b)(ii))

2. Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the export price - Construction on the basis of the price paid by the first independent purchaser - Allowances to take account of costs associated with the activities prior to importation of a subsidiary of the exporting manufacturer - Whether legal

(Council Regulation No 2176/84, Art. 2(8)(b))

Summary

1. The purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in the country of origin or in the exporting country. Consequently it is the expenses relating to sales on the domestic market which must be taken into account when the constructed value is determined.

Accordingly, the institutions were right to refuse to use data relating to a market other than the domestic market of the country of origin or exporting country.

2. When, for reasons other than those referred to in Article 2(8)(b) of the basic anti-dumping regulation, Regulation No 2176/84, the export price is constructed on the basis of the price paid by the first independent purchaser, the price must be adjusted to reflect the costs and profits inherent in the activities pursued by a subsidiary of the manufacturer through which export sales are realized with regard to handling customers' orders, sending out invoices and receiving payments. The costs incurred by the subsidiary in those activities effectively reduce the amount received by the exporter and Article 2(8)(b) of the regulation does not preclude the making of the necessary allowances to take account of those costs even if they relate to activities prior to importation.
Keywords

Operative part



Keywords

++++

1 . Agriculture - Common agricultural policy - Expenditure financed by the EAGGF - Decision relating to the clearance of accounts - Decision subject to reservations - Permissible in view of the fact that the time-limit for the Commission' s decision is not mandatory ( Council Regulation No 729/70, Art . 5(2)(b ) )

2 . Agriculture - EAGGF - Clearance of accounts - Refusal to accept expenditure arising from irregularities in the application of Community legislation - Calculation of the amounts to be deducted - Commission' s refusal to take account of sums paid to the fund in connection with the irregular transactions - Unjustified enrichment of the Community - Unlawfulness - Use of the clearance of accounts procedure to penalize conduct on the part of Member States which had no financial consequences - Not permissible

( Council Regulations Nos 729/70 and 3247/81, Art . 3(2 ) )

Operative part

( 1 ) Declares void Commission Decision 87/368/EEC of 19 June 1987 on the clearance of the accounts presented by the Member States in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1983 in so far as the Commission has not charged to the European Agricultural Guidance and Guarantee Fund the amount representing the sums received on the sale of two consignments of 30 000 tonnes of common wheat;

( 2 ) Dismisses the remainder of the application;

( 3 ) Orders the Commission to pay the costs .
Keywords

Summary



Keywords

++++

1 . Approximation of laws - Procedures for the award of public works contracts - Directive 71/305 - Award of contracts - Abnormally low tenders - Automatic disqualification - Not permissible - Obligation to conduct an examination procedure - Tenders subject to examination - Obligations of national judicial and administrative authorities

( Council Directive 71/305/EEC, Art . 29(5 ) )

2 . Measures adopted by the institutions - Directives - Direct effect - Conditions - Implications

( EEC Treaty, Art . 189, third paragraph )

Summary

1 . Article 29(5 ) of Directive 71/305, from which Member States may not depart to any material extent when implementing it, prohibits the Member States from introducing provisions which require the automatic exclusion from procedures for the award of public works contracts of certain tenders determined according to a mathematical criterion, instead of obliging the awarding authority to apply the examination procedure laid down in the Directive, giving the tenderer an opportunity to furnish explanations .

Member States may require that tenders be examined when those tenders appear to be abnormally low, and not only when they are obviously abnormally low .

Administrative authorities, including municipal authorities, are under the same obligation as a national court to apply the provisions of Article 29(5 ) of the Directive and to refrain from applying provisions of national law which are inconsistent with them .

2 . Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State has failed to implement the directive in national law by the end of the period prescribed or where it has failed to implement the directive correctly .

When the conditions under which individuals may rely on the provisions of a directive before the national courts are met, all organs of the administration, including decentralized authorities such as municipalities, are obliged to apply those provisions .
Keywords

Summary



Keywords

++++

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Provision requiring the person responsible for placing a product on the market for the first time to verify its conformity with the rules regarding the health and safety of persons, fair trading and consumer protection - Whether permissible - Conditions - Proportionality of the obligation imposed on importers - Account to be taken of certificates issued by the authorities of the Member State of production

( EEC Treaty, Arts 30 and 36 )

Summary

As Community law stands at present, a provision requiring the person responsible for placing a product on the national market for the first time to verify its conformity with the rules in force on the said market regarding the health and safety of persons, fair trading and consumer protection and rendering that person liable in criminal law for breach of that requirement is compatible with Articles 30 and 36 of the EEC Treaty on condition that its application to products manufactured in another Member State is not subject to requirements going beyond what is necessary to achieve the objective pursued, having regard, on the one hand, to the public interest in question and, on the other, to the means of proof normally available to an importer . With regard, in particular, to the verification of information on a product' s composition supplied to consumers when the product is released for sale, the importer must be entitled to rely on certificates issued by the authorities of the Member State of production or by a laboratory approved by the said authorities for that purpose, or, if the legislation of that Member State does not require the production of such certificates, on other attestations providing a like degree of assurance .
Keywords

Summary



Keywords

++++

1 . Agriculture - Common organization of the markets - Beef and veal - Private storage aid - Conditions for the grant of such aid - "Quantity placed in store" - Meaning

( Regulation No 2711/75 of the Commission, Art . 9 ( 3 ) )

2 . Agriculture - Common organization of the markets - Beef and veal - Private storage aid - Conditions for the grant of such aid - Maximum period which may elapse between slaughter and storage - Applicable provisions of the relevant regulations

( Commission Regulation No 1071/68, Art . 2(2 ), and Commission Regulations Nos 2778/74, 1860/75, 2711/75 and 1500/76 )

Summary

1 . Article 9(3 ) of Regulation No 2711/75 on the granting at a standard rate fixed in advance of private storage aid for beef must be interpreted as meaning that "the quantity placed in store" may consist only of meat satisfying the conditions for the grant of the aid .

2 . Article 2(2 ) of Regulation No 1071/68 laying down detailed general rules for granting private storage aid for beef and veal, which fixes the maximum period which may elapse between the slaughter of animals and the placing in store of the meat, was not repealed by Regulation No 2778/74, Regulation No 1860/75 or by Regulation No 2711/75, and, in the absence of a derogating provision in Regulation No 1500/76, it was applicable to aid granted under the latter regulation .
Keywords

Operative part



Keywords

++++

1 . Free movement of goods - Customs duties - Charges having equivalent effect - Levy of ad valorem duty for customs clearance of goods on private premises

( EEC Treaty, Arts 9 and 13; Act of Accession 1985, Art . 35; Council Directive 79/695 )

2 . Community law - Direct effect - Conflict between Community law and a national statute - Duties and powers of the national court before which the matter is brought - Non-application of the national statute

Operative part

( 1 ) Articles 9 and 13 of the EEC Treaty in conjunction with Article 35 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties must be interpreted as precluding the levying of a duty calculated as a proportion of the declared value of the imported goods which is imposed where the operations relating to the customs clearance of the goods in question are carried out on premises or at places not open to the public .

( 2 ) A national court which is called upon to apply, within the limits of its jurisdiction, provisions of Community Law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, and it is not necessary for the court to request or await the prior setting aside of such provisions .
Keywords

Summary



Keywords

++++

International agreements - EEC-Turkey Association Agreement - Special aid to Turkey granted within the framework of the Association - Implementing procedures - Determination by a decision of the Association Council - Laying down of the procedures for the use of the aid and for the approval of specific projects - Exclusive power of the Commission under observance of the criteria indicated by the Community delegation to the Association Council - Recourse to consultation - Legality

( EEC-Turkey Association Agreement, Arts 7 and 22 )

Summary

Since the conditions for implementing the special aid granted to Turkey by the Community within the framework of the EEC-Turkey Association Agreement were in fact laid down by Decision No 2/80 of the Association Council, the implementation of that decision did not require the adoption of supplementary measures at Community level .

It is apparent from Decision No 2/80 that, on the basis of the criteria indicated by the Community delegation to the Association Council, the Commission alone has the power to lay down the detailed rules and arrangements for the use of the aid and for the approval of specific projects . That power involves the possibility of using specific procedures for examining specific projects . The Commission may therefore seek, from both the Council and the Member States, any opinion necessary for the management of the aid, it may consult experts and it may have recourse to procedures laid down in similar fields .
Keywords

Summary



Keywords

++++

1.Preliminary questions - Reference to the Court - National court or tribunal within the meaning of Article 177 of the Treaty - Definition

( EEC Treaty, Art . 177 )

2.Social policy - Male and female workers - Equal pay - Lack of transparency in undertaking' s system of pay - Average pay for women less than that for men - Burden of proof of non-discrimination - Application of criteria for pay supplement - Conditions

( EEC Treaty, Art . 119; Council Directive 75/117, Arts 1 and 6 )

Summary

1.Where the law provides that an industrial arbitration board has jurisdiction in disputes between parties to collective agreements made between employees' and employers' organizations and either party may bring a case before it, so that the jurisdiction does not depend on the agreement between them, and the composition of the board is not within the parties' discretion but is determined by the law, the industrial arbitration board must be regarded as a court or tribunal of a Member State within the meaning of Article 177 of the Treaty .

2.Directive 75/117 on equal pay for men and women must be interpreted as meaning that where an undertaking applies a system of pay which is totally lacking in transparency, it is for the employer to prove that his practice in the matter of wages is not discriminatory, if a female worker establishes, in relation to a relatively large number of employees, that the average pay for women is less than that for men .

Where it appears that the application of criteria for pay supplements such as mobility, training or the length of service of the employee systematically works to the disadvantage of female employees, the employer may justify recourse to the criterion of mobility if it is understood as referring to adaptability to variable hours and varying places of work, by showing that such adaptability is of importance for the performance of the specific tasks which are entrusted to the employee, but not if that criterion is understood as covering the quality of the work done by the employee; he may also justify recourse to the criterion of training by showing that such training is of importance for the performance of the specific tasks which are entrusted to the employee; he does not have to provide special justification for recourse to the criterion of length of service, for it goes hand in hand with experience, which generally enables the employee to perform his duties better .
Keywords

Operative part



Keywords

++++

1.Officials - Recruitment - Probationary official - Length under the Staff Regulations - Calculation - Terms - Probationary official on sick leave - Actual probationary period reduced in length - Infringement of Article 34(1 ) of the Staff Regulations - None

( Staff Regulations, Art . 34(1 ) )

2.Officials - Recruitment - Probationary period - Adverse assessment of the applicant' s abilities before the expiry of the probationary period laid down by the Staff Regulations - Continuance of the probationary period or dismissal - Administration' s discretion

( Staff Regulations, Art . 34(2 ), second paragraph )

3.Officials - Recruitment - Probationary period - Assessment of the results - Assessment of the probationary official' s abilities - Review by the Court - Limits

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
Keywords

Summary



Keywords

++++

Social security for migrant workers - Family benefits - Self-employed person subject to the legislation of a Member State - Members of his family residing in another Member State - Entitlement to the benefits provided for by the legislation to which the self-employed person is subject - Basis - Article 73 of Regulation No 1408/71, as amended, to the exclusion of Article 51 of the Treaty

( EEC Treaty, Article 51; Regulation No 1408/71 of the Council, Article 1(u)(ii ) and Article 73, as amended by Regulation No 3427/89 )

Summary

Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person' s family reside in another Member State .

However, with effect from 15 January 1986, in accordance with Article 73 of Regulation No 1408/71 as amended by Regulation No 3427/89, a self-employed person subject to the legislation of a Member State is entitled, in respect of members of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State, as if they were residing in that State .
Keywords

Summary



Keywords

++++

1.Social security for migrant workers - Family benefits - Concept - Assistance paid to families with children aged over 16 but under 21 who are unemployed - Included

( Regulation No 1408/71 of the Council, Art . 1(u)(i ) )

2.Social security for migrant workers - Family benefits - Worker subject to the legislation of a Member State - Members of the family residing in another Member State - Entitlement to benefits provided for by the legislation applicable to the worker - Condition of entitlement to benefits equivalent to a clause requiring children to reside in the Member State providing the benefits - Inapplicable to a worker whose children fulfil an equivalent condition in the Member State in which they reside

( Regulation No 1408/71 of the Council, Art . 73 )

Summary

1.Benefits intended to help families to meet the cost of supporting their children aged over 16 but under 21 who are unemployed fall within the definition of "family benefits" in Article 1(u)(i ) of Regulation No 1408/71 .

2.The purpose of Article 73 of Regulation No 1408/71 is to prevent a Member State from being able to refuse to grant family benefits on account of the fact that a member of the worker' s family resides in a Member State other than that providing the benefits . Such a refusal could deter Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom . It follows that a condition of entitlement to certain family benefits whereby a worker' s child must be registered as unemployed with the employment office of the Member State providing the benefits, a condition which can be fulfilled only if the child resides within the territory of that State, comes within the scope of Article 73 and must therefore be considered to be fulfilled where the child is registered as unemployed with the employment office of the Member State in which he resides .
Keywords

Summary



Keywords

++++

1 . Approximation of laws - Waste - Directives 75/442 and 78/319 - Concept - Objects capable of economic reutilization - Included

( Council Directives 75/442, Art . 1, and 78/319, Art . 1 )

2 . Approximation of laws - Waste - Directive 75/442 - Requirement of prior authorization for transport of waste - Discretion of the Member States - Authorizations issued by authorities not having competence at a national level - Permissible

( Council Directive 75/442, Arts 4, 5 and 10 )

Summary

1 . National legislation which defines waste as excluding substances and objects which are capable of economic reutilization is not compatible with Directives 75/442 and 78/319 .

2 . National legislation which does not make the transport of waste covered by Directive 75/442 subject to a system of prior authorization is compatible with Article 10 of that directive . However, the Member States may make the transport of waste covered by that directive subject to a system of prior authorization if they consider this necessary in order to achieve the aims of the directive .

The vesting in authorities which do not have competence at the national level of the power to issue authorizations for the transport of waste is compatible with Article 5 of the directive .
Keywords

Summary



Keywords

++++

Agriculture - Common organization of the markets - Cereals - Carry-over payments for certain cereals in stock at the end of the marketing year - Rye - Conditions for granting - Milling by the milling undertaking applying for the payment

( Commission Regulation No 1821/81, Art . 1(b ) )

Summary

Article 1(b ) of Commission Regulation No 1821/81 of 2 July 1981 laying down the conditions for granting carry-over payments for certain cereals in stock at the end of the marketing year must be interpreted as meaning that the rye in respect of which a carry-over payment is applied for must be milled by the milling undertaking which applied for the said payment .