ddrg/super_eurlex huggingface dataset:
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1. Freedom to provide services ° Restrictions imposed on providers of services seeking to evade the rules governing the activity in which they are engaged ° Permissibility

(EEC Treaty, Art. 59)

2. Freedom to provide services ° Free movement of capital ° Restrictions ° Legislation prohibiting a broadcasting organization established on national territory from investing in a broadcasting company whose activities are directed towards that territory from an establishment in another Member State ° Conditions

(EEC Treaty, Arts 59 and 67)

Summary

1. A Member State cannot be denied the right to take measures to prevent a person whose activity is entirely or principally directed towards its territory from exercising the freedom guaranteed by Article 59 of the Treaty in order to evade the rules of conduct which would be applicable to him if he were established within that State.

In particular, where a cultural policy seeks to establish a pluralistic and non-commercial radio and television broadcasting system, legislation which has the effect, with a view to safeguarding the exercise of the freedoms guaranteed by Articles 59 and 67 of the Treaty, of ensuring that national broadcasting organizations cannot improperly evade their obligations concerning programme content cannot be regarded as incompatible with those articles.

2. The provisions of the Treaty on the free movement of capital and the freedom to provide services must be interpreted as not precluding legislation of a Member State which prohibits a broadcasting organization established in that State from investing in a broadcasting company established or to be established in another Member State and from providing that company with a bank guarantee or drawing up a business plan and giving legal advice to a television company to be set up in another Member State, where those activities are directed towards the establishment of a commercial television station whose broadcasts are intended to be received, in particular, in the territory of the first Member State and where those prohibitions are necessary in order to ensure the pluralistic and non-commercial character of the audio-visual system introduced by that legislation.
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Action for failure to act ° Elimination of failure to act before initiation of proceedings ° Inadmissibility

(EEC Treaty, Art. 175)

Summary

The conditions for the admissibility of an action for failure to act, as laid down by Article 175 of the Treaty, are not met when the defendant has, after being called upon to act, defined its position after the expiry of the period of two months prescribed in the second paragraph of Article 175 of the Treaty, but before the action was brought.

It is irrelevant that the position thus defined by the institution does not satisfy the applicant, since Article 175 relates to a failure to act in the sense of failure to take a decision or to define a position and not to the adoption of a measure different from that desired or considered necessary by the persons concerned.
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Common Customs Tariff ° Tariff headings ° Sets of goods having a monoclonal diagnostic reagent (antibody) as their principal component ° Classification under subheading 3002 10 91 of the combined nomenclature

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The Common Customs Tariff is to be interpreted as meaning that sets of goods having a monoclonal diagnostic reagent (antibody) as their principal component are to be classified under subheading 3002 10 91 of the combined nomenclature.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Taxable transactions ° Private use of business goods purchased subject to deduction of input tax ° Taxation of services not subject to deduction of input tax for the maintenance and use of the goods ° Not permissible ° Possibility for individuals to rely on the relevant provision

(Council Directive 77/388, Art. 6(2)(a))

Summary

Article 6(2)(a) of the Sixth Directive (77/388) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as precluding taxation of the private use of goods forming part of the assets of a business upon whose acquisition the taxable person was able to deduct the value added tax in so far as such use includes services which the taxable person received without deduction of input tax from third parties for the maintenance or use of the goods.

In so far as it precludes such taxation, the abovementioned provision may be relied upon by a taxable person before the competent national courts.
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Own resources of the European Communities ° Post-clearance recovery of import and export duties ° Error of the administration "which could not reasonably have been detected by the person liable" ° Individual case

(EEC/Yugoslavia Cooperation Agreement; Council Regulation No 1697/79, Art. 5(2))

Summary

Article 5(2) of Regulation No 1697/79 on the post-clearance recovery of import duties or export duties must be interpreted as meaning that, in so far as a customs authority wrongly considered that products originating in Portugal were to be regarded, for the purposes of the application of the Cooperation Agreement signed between the Community and the Socialist Federal Republic of Yugoslavia, as goods originating in the Community, where customs duties were not charged and where the importer observed all the provisions laid down by the rules in force as regards his customs declaration, the customs duties are not recoverable. Such an error would have been far from being detectable from a mere reading of the provisions in force by a normally experienced trader.
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1. Actions for annulment of measures ° Actionable measures ° Definition ° Acts of the representatives of the Governments of the Member States meeting in the Council ° Excluded

(EEC Treaty, Arts 149, 155 and 173)

2. Actions for annulment of measures ° Parliament' s right to bring actions ° Budgetary measure liable to infringe the prerogatives of the Parliament ° Entry in the Community budget of revenue and expenditure relating to aid granted within the framework of a collective action of the Member States ° Excluded

(EEC Treaty, Arts 173, 199 and 203)

Summary

1. Whilst an action for annulment is available in the case of all measures adopted by the Community institutions, whatever their nature, form or wording, which are intended to have legal effects, acts adopted by representatives of the Member States acting not in their capacity as members of the Council but as representatives of their governments, and thus collectively exercising the powers of the Member States, are not subject to judicial review by the Court.

A decision of the representatives of the Member States on humanitarian aid for a non-member country, a field in which the Community does not have exclusive competence, is thus not a Community measure against which an action may be brought. It makes no difference that the decision refers to a proposal from the Commission, since such a proposal is not necessarily a proposal under Article 149 of the Treaty; or that the aid is to be administered by the Commission, since Article 155 of the Treaty does not prevent the Commission from being entrusted by the Member States with the task of coordinating an action which they undertake collectively on the basis of an act of their representatives meeting in the Council; or that the contributions of the Member States are determined by a formula identical to that used for their contributions to the Community budget, since nothing prevents the application of such a formula for an action decided by the representatives of the Member States; or that part of the aid may be entered in the Community budget, since such an entry, which is not required by the decision in question, cannot affect the way in which it is categorized.

2. The entry in the Community budget of revenue and expenditure concerning aid granted within the framework of a collective action of the Member States and financed directly by them cannot infringe the Parliament' s budgetary prerogatives, and hence cannot be challenged by an action for annulment brought by the Parliament under Article 173 of the Treaty. The Member States' contributions to the aid in question are not items of Community revenue within the meaning of Article 199 of the Treaty, nor does the expenditure relating thereto constitute Community expenditure. The entry in the Community budget of the corresponding sums therefore does not amend the budget, so that it does not require intervention by the Parliament under the powers conferred on it by Article 203 of the Treaty.
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Fisheries ° Conservation of fishery resources ° System of fishing quotas ° Determination by Member States of detailed rules for utilization of quotas ° Limits ° Conformity with Community law ° Member States' obligations of control ° Provisional closure of fishing in good time to prevent quotas from being exceeded

(Council Regulations No 2057/82, Art. 10(2), and No 170/83, Art. 5(2))

Summary

Although Article 5(2) of Regulation No 170/83 establishing a Community system for the conservation and management of fishery resources permits the Member States to determine the detailed rules for the utilization of the quotas allocated to them, it also requires the national rules to be fixed in accordance with the applicable Community provisions. It follows that the Member States cannot lay down those rules without regard to their own obligations, particularly in relation to the provisional closure of fishing, which is intended to prevent quotas from being exceeded and is laid down by Article 10(2) of Regulation No 2057/82 establishing certain control measures for fishing activities by vessels of the Member States.

It is for the Member States, which are provided by the Community rules with the means of obtaining rapid information on the actual figures for catches, to organize the rapid collection of information enabling them to order the provisional closure of fishing in good time to prevent the quotas from being exceeded. A Member State cannot plead provisions, practices or situations in its internal legal system to justify a failure to fulfil the obligations in question.
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1. Competition ° Community rules ° Obligations of the Member States ° Rules intended to reinforce the effects of existing agreements, decisions or concerted practices ° Definition

(EEC Treaty, Arts 5 and 85)

2. Competition ° Agreements, decisions and concerted practices ° Agreements between undertakings ° Appointment by the public authorities of representatives of trade organizations which are parties to the agreement ° Not relevant

(EEC Treaty, Art. 85)

3. Competition ° Community rules ° Obligations of the Member States ° Fixing by tariff boards of road haulage tariffs which become binding after approval by the public authority ° Compatibility ° Conditions

(EEC Treaty, Art. 3(f), Art. 5, second para., and Art. 85)

Summary

1. Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that that article, read in conjunction with Article 5 of the Treaty, requires the Member States not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings. Such would be the case where a Member State required or favoured the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforced their effects or deprived its own legislation of its official character by delegating to private traders responsibility for taking economic decisions affecting the economic sphere.

2. The fact that the members of a body responsible for fixing prices are appointed by the public authority, on a proposal from the trade organizations directly concerned, does not exclude the existence of an agreement, decision or concerted practice within the meaning of Article 85 of the Treaty when those persons have negotiated and concluded an agreement on prices as representatives of the organizations which proposed them.

3. Article 3(f), the second paragraph of Article 5 and Article 85 of the EEC Treaty do not preclude rules of a Member State which provide that tariffs for the long distance transport of goods by road are to be fixed by tariff boards and are to be made compulsory for all economic agents, after approval by the public authority, if the members of those boards, although chosen by the public authorities on a proposal from the relevant trade sectors, are not representatives of the latter called on to negotiate and conclude an agreement on prices but are independent experts called on to fix the tariffs on the basis of considerations of public interest and if the public authorities do not abandon their prerogatives but in particular ensure that the boards fix the tariffs by reference to considerations of public interest and, if necessary, substitute their decision for that of the boards.
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Agriculture ° Common organization of the markets ° Wine ° Wines produced in specified regions ° Rules of production ° Permissible yield per hectare fixed by the Member States ° Surplus ° Marketing of the surplus quantity as quality wine produced in a specified region ° Exclusion

(Council Regulation No 823/87, Art. 11)

Summary

Article 11 of Regulation No 823/87 laying down special provisions relating to quality wines produced in specified regions must be interpreted, regard being had to the actual wording of paragraph 2 thereof, as meaning that no quantity of wine which exceeds the yield per hectare fixed by the competent Member State may be marketed as quality wine produced in a specified region.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Choice of formula B ° Individual reference quantity of a producer changing his purchaser in the course of a financial year ° Method of division between successive purchasers

(Council Regulation No 857/84, Art. 7(2))

Summary

Article 7(2) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk must be interpreted as meaning that, in the framework of formula B, where a producer changes his dairy in the course of a financial year, the producer' s individual reference quantity allocated by the first purchaser for the current financial year should be divided between the successive purchasers in such a way that, for the first purchaser, it is equal to the quantities of milk actually delivered to it during his period of affiliation and, for the second, to the producer' s annual reference quantity less the quantities delivered to the first purchaser. Accordingly, the individual reference quantity will be exceeded only in so far as, irrespective of affiliation to one or other purchaser, the producer' s production exceeded the individual reference quantity allocated to him for the current financial year. Such a division enables the principle of freedom to choose with whom to do business implied by the free pursuit of economic activities guaranteed by Community law as one of its general principles to be reconciled with the rule to the effect that offsetting is possible in the case of formula B only between producers affiliated to the same purchaser.
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Free movement of goods ° Quantitative restrictions ° Measures having an effect equivalent to quantitative restrictions ° Subjection of imported sterile medical supplies to examinations already carried out in the Member State of origin ° Justification ° Protection of public health ° None

(EEC Treaty, Arts 30 and 36)

Summary

A Member State which subjects sterile medical supplies originating in other Member States to tests or laboratory analyses already carried out in those Member States, the results whereof may be made available to its authorities fails to fulfil its obligations under Articles 30 and 36 of the Treaty. Although, in the absence of comprehensive Community rules in this matter, Member States may adopt measures seeking to ensure that imported products are not capable of adversely affecting public health, they may do so only on condition that the measures adopted are suitable for achieving the objective of protection of health and that that objective cannot be achieved by measures which are less restrictive of intra-Community trade.
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Preliminary rulings ° Reference to the Court ° Court or tribunal of a Member State within the meaning of Article 177 of the Treaty ° Concept ° Director of the Revenue Services ruling on a taxpayer' s complaint concerning a tax assessment made by a department under his authority ° Excluded

(EEC Treaty, Art. 177)

Summary

The concept of a court of tribunal, within the meaning of Article 177 of the Treaty, is a concept of Community law and by its very nature can embrace only authorities acting as a third party in relation to the authority which adopted the decision under appeal.

The Director of the Revenue Services of a Member State hearing a taxpayer' s complaint does not act as such a third party because a clear organizational link exists between him and the department which made the disputed tax assessment.
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Freedom of movement for persons ° Freedom of establishment ° Derogations ° Activities connected with the exercise of public authority ° Approved commissioners of insurance undertakings pursuing their activities in Belgium ° Not included

(EEC Treaty, Art. 55, first paragraph)

Summary

The derogation from the freedom of establishment provided for in the first paragraph of Article 55 of the Treaty, which excludes from the application of the provisions on freedom of establishment activities which in a Member State are connected, even occasionally, with the exercise of official authority, must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority.

That is not the case for the activities of approved commissioners with insurance undertakings and private provident associations when they are exercised in a context such as that which operates in Belgium, where vis-à-vis the Insurance Inspectorate, which is a public body participating in the exercise of official authority and endowed with powers of regulation, supervision and direction, the approved commissioner, who is freely appointed by the insurance undertaking and is remunerated by it, has merely an auxiliary and preparatory role to play, notwithstanding the fact that his activities are subject to the supervision of the Insurance Inspectorate, that he must swear an oath and that he may impose a veto with suspensory effect on the implementation of decisions adopted by the undertaking.
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Approximation of laws ° Labelling and presentation of foodstuffs ° Directive 79/112 ° Definition of labelling ° National mark intended to facilitate the performance of controls by the public authorities ° Not included

(Council Directive 79/112, Art. 1(3)(a))

Summary

Labelling within the meaning of Article 1(3)(a) of Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer must be construed as words, particulars and other information relating to a foodstuff which are specifically intended to inform the consumer as to the characteristics of the product in question.

A national cheese mark constituting a sign imposed by the public authorities which is designed to enable them to check that the production rules have been complied with and which comprises not only particulars of the country of production and the type of cheese, but also one or two letters varying according to the region of production, a serial number and a combination of letters or of letters and numbers, does not have that aim and consequently does not constitute labelling for those purposes. Such a mark therefore does not fall within the scope of that directive.
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European Community public procurement ° Arbitration clause conferring jurisdiction on the Court ° Contract for works ° Claim for updating the price ° Claim for payment for additional work and services

(ECSC Treaty, Art. 42; EEC Treaty, Art. 181; EAEC Treaty, Art. 153)
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Social security for migrant workers ° Equal treatment ° National provision granting reimbursement of an employee' s contributions to a compulsory insurance scheme in the event of affiliation to a special scheme for civil servants ° Reimbursement not available for an employee who has become a civil servant in another Member State ° Permissible

(Council Regulation No 1408/71, Arts 3, 9, 10(2) and 13(2)(d))

Summary

Articles 3, 9, 10(2) and 13(2)(d) of Regulation No 1408/71 do not preclude legislation of a Member State which, whilst providing for the reimbursement of contributions paid by an employee to a compulsory insurance scheme in the event of affiliation to the special social insurance scheme for civil servants in that State, excludes such reimbursement where the employee enters the public administration in another Member State.

Under such legislation, the reimbursement of contributions which may be claimed by an employee who enters the national public administration after contributing to a compulsory insurance scheme is granted to make up for the fact that, where a minimum contribution period has not been completed, his transfer to the civil service scheme causes him to lose any right to a pension under the scheme to which he was previously affiliated, whereas an employee who enters the public administration of another Member State enjoys, under the legislation concerned, the right to maintain his affiliation and to pay voluntary contributions; there are thus two situations, which are not comparable and to which the principle of non-discrimination does not apply.
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1. Preliminary rulings ° Jurisdiction of the Court ° Interpretation of Community law ° Amendment of the national legislation in point before the national court after the reference ° No effect

(EEC Treaty, Art. 177)

2. Approximation of laws ° Proprietary medicinal products ° Authorization to place on the market ° Suspension or revocation of authorization ° Grounds laid down by Community law ° Exclusive nature ° Power of national authorities to provide for authorizations to lapse ° None

(Council Directive 65/65, Art. 21)

Summary

1. Article 177 of the Treaty confers jurisdiction on the Court to interpret Community law and therefore changes in the national legislation in point before the national court after the order making the reference cannot influence that interpretation.

2. Article 21 of Directive 65/65 relating to proprietary medicinal products must be interpreted as meaning that the suspension or revocation of an authorization to market medicinal products may be decided only on the grounds laid down by that directive or other applicable provisions of Community law.

The provisions of the aforesaid directive, as amended, also preclude national authorities not only from introducing grounds for suspension or revocation other than those laid down by Community law but also from providing for the lapse of authorizations to market medicinal products, the effects of such lapse being the same as those of revocation since in both cases an existing authorization is terminated.