ddrg/super_eurlex huggingface dataset:
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1. Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Products subject to the levy - Products released into free circulation without a valid import licence - Included

(Commission Regulations Nos 796/81 and 1755/81, Art. 1)

2. Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Fixed at a flat rate based on the cost of grade 1 preserved mushrooms produced in the Community - Disproportionate financial charge for importers of lower-grade products - Breach of the principle of proportionality - Unlawful

(Council Regulation No 521/77, Art. 2(2); Art. 1 of Commission Regulations Nos 796/81 and 1755/81)

Summary

1. The additional amounts provided for in Article 1 of Regulation No 796/81 adopting protective measures applicable to imports of preserved mushrooms and Article 1 of Regulation No 1755/81 adopting protective measures applicable to imports of preserved cultivated mushrooms must be levied not only on imports in excess of the quantities for which an import licence has been issued but also where it becomes apparent, following the release of such preserved products into free circulation in the Community, that the import licence accompanying them was not valid.

2. By fixing, by Regulations Nos 796/81 and 1755/81, additional amounts to be levied on imports of preserved mushrooms and preserved cultivated mushrooms at a flat rate corresponding to the cost price on the Community market of grade 1 preserved mushrooms originating in the leading producing country in the Community, the Commission infringed the principle of proportionality. It was not necessary to fix that amount at such a level in order to achieve the objective pursued by its introduction, namely the prevention of disturbances on the Community market, and thereby penalize importers of lower-grade mushrooms by imposing a disproportionate financial charge on them. That was not the objective pursued by the levy of the amount in question and in any event Article 2(2) of Regulation No 521/77 authorized the Commission to take account, inter alia, of the origin or quality of the mushrooms and if necessary, in the light of those factors, to fix additional amounts of different levels. Accordingly, Article 1 of both Regulation No 796/81 and Regulation No 1755/81 are invalid as regards the level of the additional amount fixed.
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Agriculture - Monetary compensatory amounts - Grant - Compound feedingstuffs falling within subheadings 23.07 B I a) 1 or 2, 23.07 B I b) 1 or 2 or 23.07 B I c) 1 or 2 - Importation into a Member State whose currency has depreciated - Obligation to declare the complete composition of the product when passing customs - Possibility of subsequent rectification to avoid the loss of entitlement to payment - None

(Commission Regulation No 495/79, Art. 1(1) and Commission Regulations Nos 2901/81, 1071/82 and 1235/82, note (9) to Part 1 of Annex I)

Summary

The provisions of Regulation No 495/79 on the application of monetary compensatory amounts in respect of certain cereal-based compound feedingstuffs, set out in Note (9) to Part 1 of Annex I to Regulations Nos 2901/81, 1071/82 and 1235/82, as amended, fixing the monetary compensatory amounts and certain coefficients and rates required for their application, must be interpreted as meaning that an economic operator who, when completing customs formalities on the importation of compound feedingstuffs for animals falling within subheadings 23.07 B I a) 1 and 2, 23.07 B I b) 1 and 2 and 23.07 B I c) 1 and 2 of the Common Customs Tariff into a Member State the currency of which has depreciated, fails to declare the complete composition of the product and the exact content by weight of non-milk constituents broken down by tariff heading, loses all entitlement to payment of monetary compensatory amounts and may not subsequently rectify that failure.

In the case of the products in question, for which the payment of monetary compensatory amounts is subject to particular rules, the aim of which is to do away with artificial trade flows, it is particularly necessary to have effective supervision, which, since it must relate to the precise composition of the products, can be effectively carried out only at the time of clearance through customs, since a subsequent check gives no assurance that the declarations were truthfully made.
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1. Preliminary rulings - Jurisdiction of the Court - Limits - Manifestly irrelevant question

(EEC Treaty, Article 177)

2. Social security for migrant workers - Community rules - Interpretation in the light of the Treaty objectives - Family benefits within the meaning of Regulation 1408/71 confined to child benefit - Refusal to grant to a person entitled to an old-age pension under Article 45 of Regulation 1408/71 a dependent-spouse allowance available under the national system of family allowances - Loss of a social security benefit available under national legislation - Not permissible

(EEC Treaty, Arts 48 to 51; Council Regulation No 1408/71, Arts 45 and 77 to 79)

Summary

1. A request from a national court for a preliminary ruling may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or to the subject matter of the main action.

2. The fact that a migrant worker receives a pension as a result of the application of the provisions of Article 45 of Regulation No 1408/71 on the taking into account of periods of insurance or residence completed under the legislation of several Member States, and not by virtue of national legislation alone, cannot, without jeopardizing the attainment of the objectives set out in Articles 48 to 51 of the Treaty, prevent him from receiving allowances available to pensioners under national law.

Consequently, Articles 77 to 79 of Regulation No 1408/71, which cover only benefits for dependent children of pensioners and for orphans, cannot be interpreted as precluding a Member State' s legislation which provides for family allowances for a pensioner' s dependent spouse from applying to a person in receipt of an old-age pension under that Regulation.
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1. Free movement of goods - Industrial and commercial property - Patent rights - Powers of the Member States - Scope and limits

(EEC Treaty, Arts 30, 36 and 222)

2. Free movement of goods - Industrial and commercial property - Patent rights - Grant of a compulsory licence notwithstanding normal supply of the imports from other Member States - Not permissible

(EEC Treaty, Arts 30 and 36)

Summary

1. As Community law stands, the provisions on patents have not yet been the subject of unification at Community level or in the context of approximation of laws and in those circumstances it is for the national legislature to determine the conditions and rules regarding the protection conferred by patents.

However, the provisions of the Treaty, and in particular Article 222 according to which the Treaty in no way prejudices the rules in Member States governing the system of property ownership, cannot be interpreted as reserving to the national legislature, in relation to industrial and commercial property, the power to adopt measures which would adversely affect the principle of free movement of goods within the common market as provided for in and regulated by the Treaty.

2. Notwithstanding the fact that, as Community law regarding patents stands, it is for the national legislature to determine the conditions and rules regarding the protection conferred by patents and it may therefore penalize lack or insufficiency of exploitation of the patent by granting a compulsory licence, a Member State is failing to fulfil its obligations under Article 30 of the Treaty if it treats a case where demand for the patented product is satisfied on the domestic market by imports from other Member States in the same way as cases of insufficiency of exploitation of the patent. To avoid any risk of loss of his exclusive right, which could not, in his view, be duly compensated by the payment of the remuneration laid down for a compulsory licence, the patentee is thus encouraged to manufacture on the territory of the State where the patent has been granted, rather than to import the patented product from the territory of other Member States. Such discrimination, which is designed to encourage domestic production, is justified neither by Article 36 of the Treaty nor by Article 5 of the Paris Convention for the Protection of Industrial Property.
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Free movement of persons - Workers - Equal treatment - Freedom to provide services - Restrictions - Deductibility from taxable income of certain contributions relating to the insurance of individuals - Deductibility conditional on payment to an organization established in the territory where the tax is levied - Possible justification of the restriction by reason of the need to safeguard the cohesion of the tax system

(EEC Treaty, Arts 48 and 59)

Summary

Legislation of a Member State which makes the deductibility of pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of the applicable tax system.

That need may exist, for example, where the tax system of a Member State is such that the deductibility of the contributions is offset by the taxation of payments made by insurers pursuant to the contracts, and vice versa, and where it would be impossible to ensure that the deductions were offset by subsequent taxation of payments because payments arising from the deductible contributions were made by a foreign insurer established in another country where there would be no certainty of subjecting them to tax.
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1. Officials - Recruitment - Competitions - Competition based on qualifications and tests - Conditions of admission - Submission of documents for the purpose of admission to the tests -- Onus on candidates according to the competition notice - Scope

(Staff Regulations, Annex III, Art. 2)

2. Officials - Recruitment - Competitions - Competition based on qualifications and tests - Conditions of admission - Supporting documents - Request by selection board for additional information - Merely optional - No obligation to request submission of all documents required

(Staff Regulations, Annex III, Art. 2, second paragraph)

Summary

1. When clear provisions in a notice of competition based on qualifications and tests lay down the unequivocal requirement that candidates attach to their application form all the necessary supporting documents on pain of being refused admission to the competition, erroneous information given by an official who has no authority to change those provisions cannot, having regard to the meaning of the duty to have regard for the interests of officials and the principle of proper administration, either enable or a fortiori oblige a selection board or the appointing authority to act contrary to that notice of competition.

The fact that a candidate' s superior happens to be a member of the selection board, enabling it to ensure that the person concerned satisfies the conditions of admission despite the absence of the necessary supporting documents, cannot entitle the selection board to act contrary to the wording of the competition notice. Such an initiative on the part of the selection board would constitute discrimination vis-à-vis the other candidates who failed to provide the necessary supporting documents and would be rejected because no member of the selection board was acquainted with them.

2. The Court of First Instance properly held that it is clear from the second paragraph of Article 2 of Annex III to the Staff Regulations that it merely enables a selection board to request additional information from candidates if it is in doubt as to the exact significance of a document submitted. That provision can in no way be interpreted as imposing an obligation on the selection board to require candidates in a competition to submit all the documents which the notice of competition requires.

In that respect neither the duty to have regard to the interests of officials nor the principle of proper administration relied on in support of the appeal can transform into an obligation that which the Community legislature viewed as a mere possibility open to the selection board in a competition.
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Social security for migrant workers - Sickness insurance - Worker residing in a Member State other than the competent State - Scope of Article 19 of Regulation No 1408/71 - Worker not in active employment in the Member State of residence - Inclusion

(Council Regulation No 1408/71, Art. 19)

Summary

Article 19 of Regulation No 1408/71, which relates to sickness and maternity benefits payable to a worker residing in a Member State other than the competent State, applies to a national of a Member State who, after being in paid employment in that State and acquiring as a result the status of an insured person, went to live in another Member State where he fell ill, even though he had not worked there before falling ill.
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1. Acts of the institutions ° Directives ° Implementation by the Member States ° Transposition of a directive without legislative action ° Conditions ° Existence of legal framework guaranteeing full application of the directive

(EEC Treaty, third para. of Art. 189)

2. Approximation of laws ° Major-accident hazards of certain industrial activities ° Manufacturer' s obligation to give notice of the person or body authorized to set certain emergency plans in motion ° Scope

(Council Directive 82/501, third indent of Art. 5(1)(c) )

Summary

1. The transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express specific legislation; an existing legal framework may be adequate for the purpose, provided that it does guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

2. The third indent of Article 5(1)(c) of Directive 82/501/EEC on the major-accident hazards of certain industrial activities, which requires the Member States to take the measures needed to ensure that the manufacturers concerned are required to send to the competent authorities a notification containing the name of the person or body authorized to carry out emergency plans and to alert the competent authorities, must be interpreted as referring not only to the person legally responsible for safety, including in particular safety outside the establishment, but also to the person responsible for the practical arrangements for ensuring such safety, that is to say for setting in motion the requisite safety measures in case of accident.
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1. Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition against the importation by private individuals of medicinal products available only on prescription in the importing Member State but prescribed by a doctor and purchased in a pharmacy in another Member State ° Justification ° Protection of public health ° Not justified

(EEC Treaty, Art. 30 et seq.)

2. Community law ° Principles ° Fundamental rights ° Compliance therewith by a Member State wishing to avail itself of the right to limit one of the freedoms guaranteed by the Treaty ° Restrictions on the exercise of fundamental rights justified by the general interest ° Controls, on grounds of protection of public health, on the importation of medicinal products by private individuals ° Permissible despite the right to medical confidentiality ° Conditions

Summary

1. A Member State is in breach of its obligations under Article 30 et seq. of the Treaty in prohibiting private individuals from importing, even in quantities not exceeding normal personal needs, medicinal products available only on prescription in the importing Member State which have been prescribed by a doctor and purchased in a pharmacy in another Member State. Such a prohibition cannot be justified on grounds of the protection of human health and life; the prescription of a medicinal product by a doctor and its purchase in a pharmacy in another Member State must be regarded as offering guarantees equivalent to those resulting from prescription of the medicinal product by a doctor and its sale by a pharmacy in the Member State into which the medicinal product is imported by a private individual, since the conditions governing access to and the exercise of the professions of doctor and pharmacist have been the subject of Community directives.

2. Where a Member State relies on the provisions in the Treaty in order to justify national rules which are likely to obstruct the exercise of a freedom guaranteed by the Treaty, such justification, provided for by Community law, is to be interpreted in the light of the general principles of law and in particular of fundamental rights, among which feature the right to respect for private life and, as one of its aspects, the right to the protection of medical confidentiality. Those rights do not, however, constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the Community and that they do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed. Objectives which may justify such restrictions include the protection of public health and human life.

It is therefore permissible for a Member State to control, for the purposes of protecting public health, the importation by private individuals of medicinal products which are supplied only on prescription in its territory, provided those controls are carried out in such a way as to meet the requirements arising from the protection of fundamental rights.
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1. Free movement of goods ° Quantitative restrictions on exports ° Measures having equivalent effect ° National rules requiring wine of designated origin to be bottled in the region of production and limiting bulk exports ° Not permissible ° Justification ° Protection of industrial and commercial property ° Conditions ° Measure must be necessary to give effect to the guarantee associated with the registered designation of origin

(EEC Treaty, Arts 34 and 36; Council Regulation No 823/87, Art. 18)

2. Free movement of goods ° Quantitative restrictions on exports ° Measures having equivalent effect ° Article 34 of the Treaty ° Direct effect ° Possibility of relying on that provision as against an individual

(EEC Treaty, Art. 34)

Summary

1. National rules applicable to wine of designated origin which make the use of the name of the region of production conditional upon bottling in that region and limit the quantity of wine that may be exported in bulk but otherwise permit sales of wine in bulk within the region of production constitute measures having equivalent effect to a quantitative restriction on exports which are prohibited by Article 34 of the EEC Treaty since they have the effect of specifically restricting patterns of exports of wine in bulk and, in particular, of procuring a special advantage for bottling undertakings situated in the region of production.

Such rules cannot be justified on the basis of Article 18 of Regulation No 823/87, which, for wines of that kind, allows the Member States, taking into account fair and traditional practices, to lay down any additional or more stringent conditions of movement than those laid down in that regulation, since that article cannot be interpreted as authorizing the Member States to impose conditions contrary to the Treaty rules on the movement of goods.

The requirement of bottling in the region of production can be justified on grounds of the protection of industrial and commercial property within the meaning of Article 36 of the Treaty only if it is needed in order to ensure that the registered designation of origin fulfils its specific function of guaranteeing that the product bearing it comes from a particular geographical area and displays certain particular characteristics. However, that is not the case where bottling in the region of production is not an operation which endows the wine with particular characteristics and is not essential in order to preserve specific characteristics acquired by that wine.

2. Article 34 of the Treaty is directly applicable and, as such, confers on individuals rights which the courts of Member States must protect. It may therefore be relied on by individuals before the courts of the Member State in disputes against other individuals.
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Freedom of movement for persons ° Workers ° Equal treatment ° Social advantages ° Social security benefits ° Grant to nationals of other Member States ° Length of residence requirement ° Not permissible

(Council Regulations No 1612/68, Art. 7(2) and No 1408/71, Art. 3)

Summary

The requirement by a Member State of a prior period of residence on its territory which workers from other Member States subject to its legislation must fulfil in order to qualify for the grant of the allowances for handicapped persons, the guaranteed income for old people and the minimum means of subsistence constitutes a failure to fulfil its obligations under the EEC Treaty and, in particular, Article 7(2) of Regulation No 1612/68 and Article 3 of Regulation No 1408/71, which both lay down, each in the sphere which it governs, the principle of equal treatment as between nationals of the host State and nationals of the other Member States.
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Common commercial policy ° Protection against dumping ° Dumping margin ° Determination of normal value ° Primary reference point ° Prices in the ordinary course of trade ° Distribution companies controlled by the manufacturer ° Reference to those companies' selling prices ° Lawfulness

(Council Regulation No 2423/88, Art. 2(3)(a) and (b))

Summary

Where it is found that, for sales on its domestic market, a manufacturer assigns tasks which are normally the responsibility of an internal sales department to distribution companies which are under the manufacturer' s economic control and form a single economic entity with it, it is justified for the institutions to rely, in determining the normal value, on the prices paid by the first independent buyer to those related sales companies, since those prices may properly be regarded as the prices actually paid or payable in the ordinary course of trade within the meaning of Article 2(3)(a) of Regulation No 2423/88, the basic anti-dumping regulation. In such a case, there is no ground for applying Article 2(3)(b) of that regulation, which comes into play only where there are no sales of the like product in the ordinary course of trade.

Furthermore, the fact that a number of sales functions are performed by the manufacturer itself does not affect the existence of a single economic entity, particularly where those functions are merely complementary to those performed by the related sales companies.