ddrg/super_eurlex huggingface dataset:
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Environment - Water pollution - Directive 76/464 - Obligation to adopt programmes to reduce pollution caused by certain dangerous substances and to communicate them to the Commission - Scope - Failure to provide relevant basic information - Infringement of Article 5 of the Treaty

(EC Treaty, Art. 5; Council Directive 76/464, Arts 7(1) and (6))

Summary

`Pollution of the waters', which the programmes referred to in Article 7(1) of Directive 76/464 are intended to reduce, is defined in Article 1(2)(e) of the directive as `the discharge by man, directly or indirectly, of substances or energy into the aquatic environment, the results of which are such as to cause hazards to human health, harm to living resources and to aquatic eco-systems, damage to amenities or interference with other legitimate uses of water'. The obligation to establish programmes under Article 7(1) therefore extends to cover water affected by such waste.

Furthermore, the obligation imposed by Article 7(6) of the directive to communicate the programmes and the results of their implementation to the Commission only relates to programmes which have already been established. Therefore, failure by a Member State to provide the Commission with the information requested by it on the level of water pollution in that State in order to enable the Commission to establish the extent of that State's obligations under Article 7 of the directive constitutes infringement of Article 5 of the Treaty.
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1 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - Scope - Member State nationals who visit another Member State where they intend or are likely to receive services and who have the right to freedom of movement as provided for by Article 8a of the Treaty - Covered

(EC Treaty, Arts 6, 8a and 59)

2 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - Scope - National rules concerning the language to be used in criminal proceedings - Covered - Conditions

(EC Treaty, Art. 6)

3 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - National rules concerning the language to be used in criminal proceedings - Discrimination against the nationals of other Member States exercising their right to freedom of movement - Prohibited

(EC Treaty, Art. 6)

Summary

4 The situations governed by Community law which are covered by the prohibition of `any discrimination on grounds of nationality', laid down in Article 6 of the Treaty, include those covered by the freedom to provide services, the right to which is laid down in Article 59 of the Treaty. That provision applies to all nationals of Member States who, independently of other freedoms guaranteed by the Treaty, visit another Member State where they intend or are likely to receive services; they are therefore free to visit and move around within the host State. Furthermore, pursuant to Article 8a of the Treaty, `[e]very citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect'.

5 The right conferred by national rules to have criminal proceedings conducted in a language other than the principal language of the State concerned falls within the scope of the Treaty and must comply with Article 6 thereof.

Although, generally speaking, criminal legislation and the rules of criminal procedure are matters for which the Member States are responsible, Community law sets certain limits to their power in that respect. Such legislative provisions may not discriminate against persons to whom Community law gives the right to equal treatment or restrict the fundamental freedoms guaranteed by Community law.

6 Article 6 of the Treaty precludes national rules which, in respect of a particular language other than the principal language of the Member State concerned, confer on citizens whose language is that particular language and who are resident in a defined area the right to require that criminal proceedings be conducted in that language, without conferring the same right on nationals of other Member States travelling or staying in that area, whose language is the same.
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1 Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Whole or partial transfer of the assets of an undertaking in voluntary liquidation - Included

(Council Directive 77/187, Art. 1(1))

2 Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Objection by a worker to the transfer of his contract to the transferee - Whether permissible - Substantial change in working conditions by reason of the transfer - Termination attributable to the employer

(Council Directive 77/187, Arts 3(1), and 4(2))

Summary

3 Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses, must be interpreted as meaning that the directive applies where a company in voluntary liquidation transfers all or part of its assets to another company from which the worker then takes his orders which the company in liquidation states are to be carried out.

4 Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses, does not preclude a worker employed by the transferor at the date of the transfer of an undertaking from objecting to the transfer of his contract of employment or employment relationship to the transferee, provided he decides to do so of his own accord. It is for the national court to determine whether the contract of employment proposed by the transferee involves a substantial change in working conditions to the detriment of the worker. If it does, Article 4(2) of the directive requires Member States to provide that the employer is to be considered responsible for the termination.
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Freedom of movement for persons - Freedom to provide services - Derogations - Grounds of public policy - Criminal conviction for drug use - Automatic penalty of expulsion for life from the Member State's territory applied to Community nationals - Not permissible

(EC Treaty, Arts 48, 52, 56 and 59; Council Directive 64/221, Art. 3)

Summary

Articles 48, 52 and 59 of the Treaty and Article 3 of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health preclude national legislation which - with certain exceptions, in particular where there are family reasons - requires a Member State's courts to order expulsion for life from its territory of nationals of other Member States found guilty on that territory of the offences of obtaining and being in possession of drugs for their own personal use.

Such a penalty constitutes an obstacle to the fundamental freedoms laid down in those articles of the Treaty. Although a Member State may consider that the use of drugs constitutes a danger for society such as to justify special measures against foreign nationals who contravene its laws on drugs, in order to maintain public order, an expulsion order justified by the public policy exception provided for inter alia in Article 56 of the Treaty could be made against a Community national only if, besides his having committed an offence under drugs laws, his personal conduct created a genuine and sufficiently serious threat affecting one of the fundamental interests of society. That is not the position where expulsion for life from the national territory has automatically followed a criminal conviction, and no account has been taken of the offender's personal conduct or of the danger which that person represents for the requirements of public policy.
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1 Actions for annulment - Withdrawal of the contested measure while the proceedings are before the Court - Where rights acquired by the intended beneficiaries are preserved - Whether the action is rendered devoid of purpose - Purpose subsists in those circumstances

(EC Treaty, Art. 173 (now, after amendment, Art. 230 EC)

2 Acts of the institutions - Withdrawal - Unlawful acts - Conditions - Whether the effects produced may be preserved - Not permissible

Summary

1 An action for annulment is not rendered devoid of purpose by reason of the partial withdrawal of the contested measure while the proceedings are before the Court, where the act of withdrawal specifies that it does not affect rights which the measure withdrawn may have conferred on its intended beneficiaries.

2 It is not open to a Community institution which has adopted a measure without being competent to do so to withdraw that measure when its legality is challenged before the Court and at the same time essentially to preserve the effects which it has produced, in order thereby to achieve, notwithstanding the withdrawal of the illegal measure, the objective initially pursued.
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(EC Treaty, Art. 169)

Summary

A Member State cannot rely on provisions, practices or circumstances existing in its internal legal order in order to justify its failure to respect the obligations and time-limits laid down by a directive.
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Approximation of laws - Procedure for the provision of information in the field of technical standards and regulations - Obligation on the Member States to notify any draft technical regulation to the Commission - National rules on breath-analysis apparatus - Failure to notify the Commission - Evidence obtained by means of breath-analysis apparatus authorised in accordance with rules which have not been notified - Whether permissible

(Council Directive 83/189, Arts 1 and 8)

Summary

Directive 83/189, laying down a procedure for the provision of information in the field of technical standards and regulations, is to be interpreted as meaning that breach of the obligation imposed by Article 8 thereof to notify a technical regulation on breath-analysis apparatus does not have the effect of making it impossible for evidence obtained by means of such apparatus, authorised in accordance with a regulation which has not been notified, to be relied upon against an individual charged with driving while under the influence of alcohol.

While failure to notify technical regulations, which constitutes a procedural defect in their adoption, renders such regulations inapplicable inasmuch as they hinder the use or marketing of a product which is not in conformity therewith, it does not have the effect of rendering unlawful any use of a product which is in conformity with regulations that have not been notified. The use of breath-analysis apparatus by the public authorities is not liable to create an obstacle to trade which could have been avoided if the notification procedure had been followed.
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1 Free movement of goods - Industrial and commercial property - Copyright and related rights - National legislation giving the holder of the copyright in a film the right to oppose its renting out - Rental of copies of a film in a Member State with the consent of the copyright holder - Opposition by the rightholder to rental in another Member State - Whether permissible

(EC Treaty, Arts 30 and 36)

2 Approximation of laws - Copyright and related rights - Directive 92/100 - Business of renting and lending originals and copies of works protected by copyright - Exclusive rental right introduced by the directive - That right not exhausted by sale or any other act of distribution

(Council Directive 92/100, Art. 1)

Summary

1 It is not contrary to Articles 30 and 36 of the EC Treaty for the holder of an exclusive rental right to prohibit copies of a film from being offered for rental in a Member State even where the offering of those copies for rental has been authorised in the territory of another Member State.

The principle of exhaustion of distribution rights where copyright works are offered for sale by the rightholder or with his consent is expressed in the settled case-law of the Court according to which the exclusive right guaranteed by the legislation of a Member State on industrial and commercial property is exhausted when a product has been lawfully distributed on the market in another Member State by the actual proprietor of the right or with his consent. However, literary and artistic works may be the subject of commercial exploitation, whether by way of public performance or of the reproduction and marketing of the recordings made of them.

By authorising the collection of royalties only on sales to private individuals and to persons hiring out video cassettes, it is impossible to guarantee to makers of films a remuneration which reflects the number of occasions on which the video cassettes are actually hired out and which secures for them a satisfactory share of the rental market. The release into circulation of a picture and sound recording cannot therefore, by definition, render lawful other acts of exploitation of the protected work, such as rental, which are of a different nature from sale or any other lawful act of distribution. Just like the right to present a work by means of public performance, rental right remains one of the prerogatives of the author and producer notwithstanding sale of the physical recording. The same reasoning must be followed as regards the effects produced by the offer for rental. The specific right to authorise or prohibit rental would be rendered meaningless if it were held to be exhausted as soon as the object was first offered for rental.

2 It is not contrary to Directive 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property for the holder of an exclusive rental right to prohibit copies of a film from being offered for rental in a Member State even where the offering of those copies for rental has been authorised in the territory of another Member State.
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Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Taxation on notarial deeds recording the repayment of debenture loans - Not permissible

(Council Directive 69/335, Arts 11(b) and 12(1)(d))

Summary

Article 11(b) of Directive 69/335 concerning indirect taxes on the raising of capital must be interpreted as meaning that the prohibition of taxation on debenture loans extends to taxation on the repayment of such loans. Although that article does not expressly mention the repayment of debenture loans, nevertheless, prohibiting the levying of duty when debenture loans are issued but authorising it when such loans are repaid would have the effect, contrary to the objective pursued by the Directive, of taxing loans as overall operations for raising capital. Moreover, Article 11(b) prohibits not only taxation on debenture loans, but also on any formalities relating thereto.

Therefore Article 11(b) must be interpreted as meaning that the prohibition of taxation on debenture loans applies to a duty on notarial deeds recording the repayment of loans. Such a duty cannot come within the derogation provided for in Article 12(1)(d) of the Directive, since the repayment of a debenture loan constitutes a discrete financial transaction, separate from the discharge of a mortgage registered in order to secure the debentures resulting from the loan.
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1 Preliminary rulings - Power of the Court - Limits - Problem of jurisdiction within the national judicial system - Resolution depending on the classification of a legal situation in the light of Community law - Purpose served by a preliminary ruling

(EC Treaty, Art. 177)

2 Community law - Primacy - Contrary national law - Rules automatically inapplicable, without being rendered non-existent

3 Community law - Direct effect - National charges incompatible with Community law - Repayment - Arrangements - Application of national law - Classification of the legal relationship between the tax authorities and taxable persons

Summary

1 It is for the legal system of each Member State to determine which court or tribunal has jurisdiction to hear disputes involving individual rights derived from Community law. However, it is the Member States' responsibility to ensure that those rights are effectively protected in each case. Subject to that reservation, it is not for the Court to involve itself in the resolution of questions of jurisdiction to which the classification of particular legal situations based on Community law may give rise in the national judicial system.

The Court does, however, have the power, in a reference for a preliminary ruling, to explain to the national court points of Community law which may help to solve the problem of jurisdiction with which that court is faced.

2 The incompatibility with Community law of a subsequently adopted rule of national law does not have the effect of rendering that rule of national law non-existent. Faced with such a situation, a national court is obliged to disapply that rule, provided always that this obligation does not restrict the power of the competent national courts to apply, from among the various procedures available under national law, those which are appropriate for protecting the individual rights conferred by Community law.

3 The obligation on a national court to disapply national legislation introducing a charge contrary to Community law must lead that court, in principle, to uphold claims for repayment of that charge. Such repayment must be ensured in accordance with the provisions of its national law, on condition that those provisions are not less favourable than those governing similar domestic actions and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law. Any reclassification of the legal relationship established between the tax authorities of a Member State and certain companies in that State when a domestic charge subsequently found to be contrary to Community law was levied is therefore a matter for national law.
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Common Customs Tariff - Tariff headings - Vitamin C-based preparations - Product for therapeutic and prophylactic use - Classification under heading No 3004 of the combined nomenclature

Summary

The combined nomenclature is to be interpreted as meaning that products such as Taxofit Vitamin C + Ca Brausetabletten and Taxofit Vitamin C Kautabletten are to be classified under heading No 3004.

Those products, the effects of which are focused, in particular, on the functions of the immune system of the human organism, have a clearly defined therapeutic or prophylactic profile and thus possess the essential characteristic for classification under heading No 3004.
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International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Workers - Right of Turkish workers to renewal of residence permits - Conditions - Worker duly registered as belonging to the labour force and in legal employment - Worker pursuing an activity designed to assist his integration into the labour market and financed by public funds - Included

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1))

Summary

Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council must be interpreted as meaning that a Turkish national who has lawfully pursued a genuine and effective economic activity in a Member State under an unconditional work permit for an uninterrupted period of more than one year for the same employer, in return for which he received the usual remuneration, is a worker duly registered as belonging to the labour force of that Member State and in legal employment there within the meaning of that provision.

In so far as he has available a job with the same employer, a Turkish national in that situation is thus entitled to demand the renewal of his residence permit in the host Member State, even if, pursuant to the legislation of that Member State, the activity pursued by him was restricted to a limited group of persons, was intended to facilitate their integration into working life and was financed by public funds.
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1 Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of foodstuffs for reasons relating to the protection of consumers - Limits - Use of a form of labelling which complies with Directive 79/112 sufficient to guarantee such protection

(EC Treaty, Art. 30; Council Directive 79/112)

2 Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - Compulsory for the labelling of such products to display the name under which the product is sold and the list of ingredients

(Council Directive 79/112, Arts 2, 3(1), 5(1) and 6(5)(a))

Summary

1 It is contrary to Article 30 of the Treaty for national rules to prohibit, for reasons of consumer protection, the marketing of foodstuffs lawfully manufactured and marketed in another Member State, where consumers are protected by means of labelling in accordance with the provisions of Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, in particular those concerning the name of the product and the list of ingredients.

2 Article 3(1) of Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs makes it compulsory for the labelling of foodstuffs to display the name under which the product is sold and the list of ingredients. As regards the name under which the product is sold, it is contrary to Articles 2 and 5(1) of Directive 79/112 to use a trade description which does not make it possible for purchasers in the State where the product is sold to ascertain the true nature of the foodstuff.

As regards the list of ingredients, where the quantity of added water represents more than 5% by weight of the finished product, failure to include `water' in the list of ingredients constitutes infringement of Article 3(1), read in conjunction with Article 6(5)(a), of Directive 79/112.