ddrg/super_eurlex huggingface dataset:
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1. Common Customs Tariff – Tariff headings

(Council Regulation No 2658/87, Art. 2, Annex I; Commission Regulation No 1789/2003)

2. Common commercial policy – Protection against dumping

(Council Regulation No 384/96, Art. 14(1))

Summary

1. The Integrated Tariff of the European Communities established by Article 2 of Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version applying in 2004 and 2005, must be interpreted as meaning that ropes and cables of steel, other than stainless steel, not coated or only plated or coated with zinc, with a maximum cross‑sectional dimension exceeding 3 mm but not exceeding 48 mm, not consigned either from Moldova or from Morocco, fall within TARIC codes 7312 10 82 19, 7312 10 84 19 or 7312 10 86 19, depending on their cross-sectional dimension.

(see para. 40, operative part 1)

2. Article 14(1) of Regulation No 384/96 on protection against dumped imports from countries not members of the European Community must be interpreted as not precluding legislation of a Member State which provides for the imposition, in the event of an error in the tariff classification of goods imported into the customs territory of the European Union, of a fine equal to the total amount of the anti-dumping duties applicable to those goods, provided that the conditions in accordance with which the amount of the fine is to be set are analogous to those applicable to infringements of national law of a similar nature and importance and which make the penalty effective, proportionate and dissuasive, a matter which it is for the referring court to determine.

(see para. 48, operative part 2)
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Common Customs Tariff – Tariff headings – Dried garlic bulbs from which not all moisture has been removed

(Council Regulation No 2658/87, Annex I; Commission Regulation No 1810/2004)

Summary

The Combined Nomenclature in Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Regulation No 1810/2004, must be interpreted as meaning that garlic which has undergone an intensive drying process in accordance with a specific treatment as a result of which all, or almost all, of the moisture in the product is removed comes under tariff subheading 0712 90 90 of the Combined Nomenclature, but that partially dried garlic which retains the properties and characteristics of fresh garlic comes under tariff subheading 0703 20 00 of the Combined Nomenclature.

In order to classify garlic bulbs under heading 0712, the process of drying the garlic must give rise to substantial and irreversible changes, with the result that the product is no longer in the natural state.

Therefore, the removal of water must substantially change the properties and objective characteristics of the product in such a way that that change results in classification under a tariff heading other than heading 0703, which covers fresh or chilled vegetables.

(see paras 25-26, 35, operative part)
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Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas and other evidence of formal qualifications – Directive 89/48 – Regulated professional activity – Professional experience – Concept

(Art. 39 EC and 43 EC; Council Directive 89/48, Arts 1(e), and 4(1)(b))

Summary

A national authority responsible for recognition of professional qualifications acquired in another Member State is bound, pursuant to Articles 39 EC and 43 EC, to take into account, when setting any supplementary requirements to compensate for substantial differences between the education and training undertaken by an applicant and the education and training required in the host Member State, all practical experience which, in whole or in part, covers those differences.

While the experience acquired by the applicants before obtaining the diploma granting them entitlement to pursue the profession in question in a Member State cannot include the pursuit of regulated professional activities and while no obligation ensues from the second subparagraph of Article 4(1)(b) of Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration to take into account practical experience which does not amount to professional experience within the meaning of Article 1(e) of that directive, nevertheless, measures adopted pursuant to Union law must observe the general principles of that law, inter alia, the principle of proportionality. In that regard, the effective exercise of the fundamental freedoms guaranteed by Articles 39 EC and 43 EC can be unjustifiably hindered if the competent national authorities responsible for recognition of professional titles acquired in another Member State disregard relevant knowledge and qualifications already acquired by an applicant seeking entitlement to pursue, in that Member State, a profession which, in accordance with national legislation, is subject to the holding of a diploma or professional qualification. The precise value to be attached to practical experience of use in the pursuit of the profession to which access is sought will be for the competent national authority to determine in the light of the specific functions carried out, knowledge acquired and applied in pursuit of those functions, responsibilities assumed and the level of independence accorded to the person concerned.

(see paras 61, 64-66, 69, 72, operative part)
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Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National rules prohibiting the importation of blood products provided from donations that were not entirely unpaid – Justification – Protection of public health – Unlawful

(Arts 28 EC and 30 EC; European Parliament and Council Directive 2002/98, Arts 20(1), and 21)

Summary

Article 28 EC, read in conjunction with Article 30 EC, must be interpreted as precluding national legislation that provides that the importation of blood or blood components from another Member State is permitted only on the condition, which is also applicable to national products, that the donations of blood on which those products are based were made not only without any payment being made to the donors but also without any reimbursement of the costs incurred by them in connection with those donations.

Such legislation which has the aim, first, of ensuring that blood and blood components marketed in the Member State at issue satisfy the criteria of high quality and safety and, second, of attaining the objective enshrined in Article 20(1) of Directive 2002/98 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components, that is, encouraging voluntary and unpaid blood donations, addresses human health concerns such as those acknowledged in Article 30 EC. Therefore, those objectives are, in principle, capable of justifying a restriction of the free movement of goods.

However, considered in isolation, the obligation that the blood donation should have been made without any of the costs incurred by the donor having been reimbursed is not necessary in order to ensure the quality and safety of the blood and the blood components. That conclusion is supported by the fact that neither Directive 2002/98 nor Recommendation No R (95) 14 of the Committee of Ministers to the Member States of the Council of Europe, to which that directive refers, requires donations to be completely unpaid but provide that small tokens, refreshments and reimbursements of travel costs connected with the donation are compatible with voluntary, non-remunerated donation, with the result that those elements cannot be considered as liable to compromise the quality and safety of those donations or the protection of human health.

Such legislation therefore goes beyond what is necessary to attain the objective pursued, that is, to ensure the quality and safety of the blood and of the blood components.

(see paras 33, 43-46, operative part)
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Citizens of the European Union – Right of free movement and residence in the territory of the Member States – National laws of constitutional status prohibiting the bearing of a title of nobility

(Art. 21 TFEU)

Summary

Article 21 TFEU must be interpreted as not precluding the authorities of a Member State from refusing to recognise all the elements of the surname of a national of that State, as determined in another Member State, in which that national resides, at the time of his or her adoption as an adult by a national of that other Member State, when that surname includes a title of nobility that is not permitted in the first Member State under its constitutional law, provided that the measures adopted by those authorities in that context are justified on public policy grounds, that is to say, they are necessary for the protection of the interests which they are intended to secure and are proportionate to the legitimate aim pursued.

It does not appear disproportionate for a Member State to seek to attain the objective of protecting the principle of equal treatment by prohibiting any acquisition, possession or use, by its nationals, of titles of nobility or noble elements which may create the impression that the bearer of the name is the holder of such a rank. In those circumstances, such a refusal cannot be regarded as a measure unjustifiably undermining the freedom to move and reside enjoyed by citizens of the Union.

(see paras 93-95, operative part)
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Social security for migrant workers – Union legislation – Scope ratione personae – Worker within the meaning of Regulation No 1408/71 – Meaning – Person receiving an extension of unpaid leave following the birth of a child – Included – Conditions

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

Summary

The status of an ‘employed person’, within the meaning of Article 1(a) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, must be attributed to persons covered by a social security scheme unrelated to any past or current professional activity, who have deliberately extended their unpaid leave, with their employer’s agreement, solely in order to be able to continue to receive childcare allowance, and for whom the periods of membership of the retirement insurance scheme in one State may be taken into account in another State at the time of actually claiming their retirement pension, during the six-month period of extended unpaid leave following the birth of their child, on condition that, during that period, that person is covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in Article 1(a) of that regulation.

(see paras 27, 30, 33, operative part)
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1. Approximation of laws – Medicinal products for human use – Directive 2001/83 – Advertising – Extent

(European Parliament and Council Directive 2001/83, as amended by Directive 2004/27, Art. 87(2))

2. Approximation of laws – Medicinal products for human use – Directive 2001/83 – Advertising

(European Parliament and Council Directive 2001/83, as amended by Directive 2004/27, Art. 87(2))

Summary

1. Article 87(2) of Directive 2001/83 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27, must be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed at persons qualified to prescribe or supply medicines. It follows, both from the position of Article 87 of Directive 2001/83 in its structure, and from the wording and content of Article 87, that Article 87(2) is a general rule applicable to all advertising for medicinal products, including that directed at persons qualified to prescribe or supply medicinal products. That interpretation is confirmed by the purpose of the directive. Incorrect or incomplete information can clearly endanger people’s health and thus jeopardise the fundamental objective pursued by that directive.

(see paras 30-31, 34-35, operative part 1)

2. Article 87(2) of Directive 2001/83 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27, prohibits the publication, in advertising of medicinal products directed at persons qualified to prescribe or supply them, of claims which conflict with the summary of product characteristics, but it does not lay down a requirement that all the claims in such advertisements should be included in that summary or that it should be possible for them to be deduced from it. Such advertisements may include claims supplementing the information referred to in Article 11 of that directive, provided that those claims:

- confirm or clarify, and are compatible with, that information, and do not distort it, and

- are consistent with the requirements of Articles 87(3) and 92(2) and (3) of that directive.

Accordingly, such information, firstly, may not be misleading and must encourage the rational use of the medicinal product, by presenting it objectively and without exaggerating its properties. Secondly, it must be accurate, up-to-date, verifiable and sufficiently complete to enable the recipient to form his or her own opinion of the therapeutic value of the medicinal product concerned. Finally, quotations, tables and other illustrative matter taken from medical journals or other scientific works are to be clearly identified and the precise sources indicated, so that health professionals are informed of them and can verify them.

(see paras 50-51, operative part 2)
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Approximation of laws – Insurance against civil liability in respect of motor vehicles – Directives 72/166, 84/5 and 90/232 – Determination of the rules of civil liability applicable to road traffic accidents

(Council Directives 72/166, 84/5 and 90/232)

Summary

Directive 72/166 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Second Council Directive 84/5 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and Third Directive 90/232 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.

This is the case, in particular, for national legislation that is intended to exclude the risk liability of the driver of the vehicle involved in an accident only when the accident is caused exclusively by the victim and which provides, furthermore, when the fault of the victim has contributed to the causation or aggravation of his loss, that the compensation for this is to be affected in proportion to the degree of seriousness of that fault. Indeed, such legislation does not have the effect, where the victim contributes to his own loss or injury, of automatically excluding or limiting disproportionately this right to compensation by means of compulsory insurance against the civil liability of the driver of the vehicle involved in the accident. Thus, it does not affect the obligation under European Union law to ensure that civil liability arising under national law is covered by insurance which complies with the provisions of the three abovementioned directives.

(see paras 33-35, operative part)
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Subject of the case

Operative part



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Tax provisions

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Harmonisation of laws

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Turnover taxes

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Common system of value added tax

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Discretionary power of the Member States to apply a reduced rate to certain supplies of goods and services (Council Directive 2006/112, Arts 96 and 98 and Annex III) (see paras 40, 43-50

)

Subject of the case

Re

Failure of a Member State to fulfil obligations – Breach of Articles 96 and 98, read in conjunction with Annex III, of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) – Reduced rate – Supply, importation and acquisition of certain live animals (in particular horses) not intended for the preparation or production of foodstuffs for human or animal consumption.

Operative part

Operative part

The Court:

1. Declares that, by applying a reduced rate of value added tax to all supplies, imports and intra-Community acquisitions of horses, the Republic of Austria has failed to fulfil its obligations under Articles 96 and 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Annex III thereto;

2. Orders the Republic of Austria to pay the costs;

3. Orders the French Republic and the Kingdom of the Netherlands to bear their own costs.
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Agriculture – Approximation of laws on animal health – Veterinary and zootechnical checks in intra-Community trade in live animals and products of animal origin – Protection measures against bovine spongiform encephalopathy

(Council Directive 90/425, Art. 10(1) and (4); Council Decision 2000/766; Commission Decision 94/381)

Summary

The law of the European Union, in particular Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, Decision 94/381 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein and Decision 2000/766 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, does not preclude national legislation which, with a view to affording protection against bovine spongiform encephalopathy, imposed a temporary prohibition on the production of and trading in processed animal proteins for feeding to farmed animals if the situation in the Member State concerned was so urgent as to justify the immediate adoption of such measures on serious grounds of public or animal health. It is for the referring court to establish whether that condition was met and the principle of proportionality observed.

The adoption by the Commission of a decision which is not immediately applicable cannot, as such, be regarded as precluding a Member State from itself taking interim protective measures pursuant to the fourth subparagraph of Article 10(1) of Directive 90/425.

(see paras 66, 70, operative part)
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Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Sectoral traffic prohibition for lorries of over 7.5 tonnes carrying certain goods

(Arts 28 EC and 29 EC; Council Directives 96/62, Art. 8(3), and 1999/30)

Summary

A Member State fails to fulfil its obligations under Articles 28 EC and 29 EC if, with the aim of guaranteeing ambient air quality in the zone concerned, in accordance with Article 8(3) of Directive 96/62 on ambient air quality assessment and management in conjunction with Directive 1999/30 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, it prohibits lorries of over 7.5 tonnes transporting certain goods from using an important section of road forming one of the principal land transport routes between certain Member States.

In that it forces the undertakings concerned to seek viable alternative solutions for the transport of the goods in question, such a prohibition hinders the free circulation of goods and must therefore be regarded as a measure having equivalent effect to quantitative restrictions which is incompatible with the obligations under Articles 28 EC and 29 EC, unless it is objectively justified.

While overriding requirements of protection of the environment, which in principle encompasses also the protection of health, can justify national measures that are liable to obstruct intra-Community trade, provided that those measures are suitable for securing the attainment of that objective and do not go beyond what is necessary for attaining it, that prohibition cannot be justified on that basis, since it has not been shown that the objective pursued could not be attained by other measures less restrictive of free movement.

(see paras 116-117, 122, 125, 139-140, 150-151, operative part)
Judgment of the Court (Fifth Chamber) of 25 February 2010 – Commission v France

(Case C‑170/09)

Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Money laundering and terrorist financing – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)

Re:

Failure of a Member State to fulfil obligations – Failure to take or communicate, within the prescribed period, all the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15).

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, the French Republic has failed to fulfil its obligations under that directive;