ddrg/super_eurlex huggingface dataset:
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Tax provisions - Harmonization of laws - Turnover tax - Common system of value-added tax - Tax on the supply of goods within the territory of a Member State - Application to unlawful traffic in narcotic drugs - Not permissible - Criminal sanctions for offences - Powers of the Member States - Illegal supplies of amphetamines - Not liable to value-added tax

( Council Directive 77/388, Art . 2 )

Summary

The unlawful supply of narcotic drugs on the domestic market of a Member State, which, like the unlawful importation of such drugs into the Community, can give rise only to penalties under the criminal law, is alien to the provisions of the Sixth Directive on the harmonization of the laws of the

Member States relating to turnover taxes . Consequently, Article 2 of the Sixth Directive must be interpreted as meaning that no liability to turnover tax arises upon the unlawful supply of narcotic drugs effected for consideration within the territory of a Member State in so far as the products in question are not confined within economic channels strictly controlled by the competent authorities for use for medical and scientific purposes .

That finding is without prejudice to the powers of Member States to impose appropriate penalties in respect of contraventions of their drugs laws, with all the attendant consequences, in particular of a pecuniary nature .

The unlawful supply of amphetamines is also not liable to value-added tax in so far as the products in question are not confined within economic channels strictly controlled by the competent authorities .
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Action for a declaration that an act is void - Acts against which an action will lie - Acts intended to have legal effects - Act reflecting the intention of the Commission to follow a particular line of conduct with regard to the establishment of lists of undertakings which may be awarded service contracts within the framework of ACP-EEC cooperation - Not actionable

( EEC Treaty, first paragraph of Art . 173; First ACP-EEC Convention of Lomé of 28 February 1975, Protocol No 2, Art . 25; Second ACP-EEC Convention of Lomé of 31 October 1979, Art . 142 ( 2 ) )

Summary

In order for an action for annulment to lie against an act of the Council or the Commission, the act in question must be intended to have legal effects . That is not the case where an act of the Commission reflects the intention of that institution, or of one of its departments, to follow a particular line of conduct with regard to the establishment, pursuant to Article 142 ( 2 ) of the Second Lomé Convention and Article 25 of Protocol No 2 to the First Lomé Convention, of restricted lists of undertakings which may be awarded service contracts . It is not the announcement of that intention but the drawing-up of the lists themselves which is capable of having legal effects, in so far as it may result in the omission of certain undertakings from the lists and thus deprive them of the possibility of participating in the contracts in question .
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Balance of payments - Liberalization of payments - Transfers of foreign currency connected with the movement of goods - Two-tier foreign exchange market - Exporters' s obligation to exchange foreign currency payable in respect of their sales on the regulated foreign exchange market - Permissibility - Discrimination on grounds of nationality - None

( EEC Treaty, Arts 7 and 106 )

Summary

1 . As Community law now stands, rules which require exporters to have foreign currency payable in respect of their sales paid through a bank and to exchange such currency on the regulated foreign exchange market and which as a result prohibit them from taking payments in bank notes, are not a barrier to the liberalization of payments connected with the movement of goods which is incompatible with Article 106 of the EEC Treaty;

2 . Rules such as those at issue, even if they give rise to unequal treatment vis-à-vis exporters established in other Member States, do not involve discrimination contrary to Article 7 of the Treaty since the legislation at issue applies to all persons concerned on the basis of objective criteria and without regard to their nationality .
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1 . Action for annulment - Action brought against a regulation imposing a provisional anti-dumping duty - Subsequent adoption of a regulation imposing a definitive anti-dumping duty at a lower rate - Consequences regarding the interest in bringing proceedings

( EEC Treaty, Art . 173 )

2 . Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation imposing anti-dumping duties - Importers who are associated with the exporter and whose resale prices have been used to establish the dumping margin or to calculate the anti-dumping duty

( EEC Treaty, Art . 173, second paragraph )

3 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy - Principal factor to be taken into account - Price actually charged for a like product in a market-economy non-member country - Definition of like product - Differences in physical characteristics not sufficient to negate similarity - Account to be taken thereof for adjustment purposes - Conditions

( Council Regulation No 2176/84, Arts 2(5 ), 9, 10 and 12 )

4 . Common commercial policy - Protection against dumping - Injury - Factors to be taken into consideration - Several - Discretion of the institutions - Decline in the market share of dumped imports - Not decisive

( Council Regulation No 2176/84, Art . 4(2 ) )

5 . Common commercial policy - Protection against dumping - Regulation imposing a definitive anti-dumping duty - Immediate entry into force - Infringement of the principle of legal certainty - None

( EEC Treaty, Art . 191; Council Regulations Nos 2176/84 and 864/87 )

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the applicant to pay the costs, including those of the interveners .
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1.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of substitutes for a food product - Not permissible - Justification - Consumer protection - Fair trading - No justification

( EEC Treaty, Art . 30 )

2.Free movement of goods - National derogating measures - Prohibition - Support of the policy pursued under a common organization of the market - Unacceptable justification

Summary

1.A Member State may not rely on the requirements of consumer protection and fair trading in order to prohibit the marketing on its territory of substitutes for a food product on the grounds that there is a danger of confusion as to the nature of the substitute and a danger of deception as a result of the marketing of products constituting slavish imitations . Those objectives can be achieved by measures which restrict the free movement of goods less, in particular by an adequate system of descriptions and labelling .

2.Once the Community has established a common organization of the agricultural market in a particular sector, the Member States must refrain from taking any unilateral measure, even if it is considered necessary in order to achieve the aims of the common agricultural policy . It is for the Community and not for a Member State to seek a solution to any problem in the context of that policy .

National measures supporting a common policy of the Community may not conflict with one of the fundamental principles - such as that of the free movement of goods - unless they are justified by reasons recognized by Community law itself .
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1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - MEDICAL REPORT - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 73; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE, ART . 28 ).

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - MEDICAL REPORT - COMPOSITION OF THE MEDICAL COMMITTEE - APPOINTMENT OF DOCTORS WHO HAVE ALREADY GIVEN AN OPINION ON THE CASE AT ISSUE - PERMISSIBILITY - FUNCTIONING OF THE MEDICAL COMMITTEE - HEARING OF THE PERSON CONCERNED AND TAKING INTO ACCOUNT OF PREVIOUS MEDICAL REPORTS - DISCRETION OF THE MEDICAL COMMITTEE

( STAFF REGULATIONS OF OFFICIALS, ART . 73; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE, ART . 23 )

Summary

1 . THE REMEDIES PROVIDED FOR BY THE STAFF REGULATIONS MAY IN PRINCIPLE BE EMPLOYED ONLY IN ORDER TO OBTAIN A REVIEW BY THE COURT CONFINED TO QUESTIONS CONCERNING THE CONSTITUTION AND PROPER FUNCTIONING OF THE MEDICAL COMMITTEES PROVIDED FOR BY THE COMMUNITY RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE . THE COURT' S REVIEW MAY NOT EXTEND TO MEDICAL APPRAISALS PROPERLY SO-CALLED, WHICH MUST BE REGARDED AS DEFINITIVE PROVIDED THAT THE CONDITIONS IN WHICH THEY ARE MADE ARE NOT IRREGULAR .

2 . THE RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE ARE INTENDED TO ALLOW OFFICIALS TO BE EXAMINED TWICE, FIRST BY A DOCTOR ENJOYING THE CONFIDENCE OF THE INSTITUTION AND, IN THE EVENT OF DISAGREEMENT, BY A MEDICAL COMMITTEE TO WHICH BOTH PARTIES APPOINT A DOCTOR ENJOYING THEIR CONFIDENCE . THE INTERESTS OF THE OFFICIAL ARE SAFEGUARDED BY THE PRESENCE ON THE MEDICAL COMMITTEE OF A MEMBER ENJOYING HIS CONFIDENCE AND BY THE APPOINTMENT OF THE THIRD MEMBER OF THE COMMITTEE BY AGREEMENT BETWEEN THE TWO MEMBERS APPOINTED BY THE PARTIES OR, IF THEY FAIL TO AGREE, BY THE PRESIDENT OF THE COURT . CONSEQUENTLY, THERE IS NOTHING TO PREVENT THE INSTITUTION FROM APPOINTING THE SAME DOCTOR AS THE ONE WHOM IT DESIGNATED TO DRAW UP THE FIRST MEDICAL REPORT AND WHO IS ALSO APPROVED BY THE INSURANCE COMPANY, AND IN THE SAME WAY THERE IS NOTHING TO PREVENT THE OFFICIAL FROM APPOINTING A DOCTOR WHO HAS ALREADY, AT THE OFFICIAL' S REQUEST, EXAMINED HIM IN ORDER TO DRAW UP A REPORT .

THE AFORESAID RULES DO NOT REQUIRE THE PERSON CONCERNED TO BE HEARD BY THE MEDICAL COMMITTEE AND, IN THE LIGHT OF THE NATURE OF THE COMMITTEE' S WORK, WHICH IS INTENDED TO PRODUCE MEDICAL FINDINGS AND NOT TO DETERMINE A DISPUTE AFTER HEARING BOTH SIDES, SUCH A HEARING IS NOT REQUIRED BY THE PRINCIPLES CONCERNING THE RIGHT TO A FAIR HEARING .

THE COMMITTEE, WHOSE TASK CONSISTS IN CONSIDERING MEDICAL QUESTIONS ENTIRELY OBJECTIVELY AND INDEPENDENTLY, REQUIRES COMPLETE FREEDOM OF APPRAISAL, SO THAT IT MUST DECIDE TO WHAT EXTENT ACCOUNT SHOULD BE TAKEN OF MEDICAL REPORTS DRAWN UP IN ADVANCE, AT THE REQUEST OF EITHER THE OFFICIAL OR THE INSTITUTION .
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OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - ADDITIONAL SENIORITY IN STEP - MEMBER OF TEMPORARY STAFF APPOINTED AS AN OFFICIAL - ACCOUNT TAKEN OF EXPERIENCE AS MEMBER OF TEMPORARY STAFF - LIMITS

( STAFF REGULATIONS, ARTS 32 AND 44 )

Summary

THE PURPOSE OF ARTICLE 32 OF THE STAFF REGULATIONS IS TO GOVERN THE POSITION OF AN EMPLOYEE WHEN HE FIRST BECOMES AN OFFICIAL OF THE COMMUNITIES . NO PROVISION OF THE STAFF REGULATIONS ENABLES ACCOUNT TO BE TAKEN, IN THE FORM OF ACCUMULATED SENIORITY AS PROVIDED FOR IN ARTICLE 44, OF A PERIOD DURING WHICH AN OFFICIAL PREVIOUSLY SERVED HIS INSTITUTION AS A MEMBER OF ITS TEMPORARY STAFF . EXPERIENCE ACQUIRED DURING THAT PERIOD CAN GIVE RISE ONLY TO THE ADDITIONAL SENIORITY PROVIDED FOR IN ARTICLE 32 OF THE STAFF REGULATIONS .
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1 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - NATIONAL IMPLEMENTING MEASURES - MAINTENANCE OF DISCRIMINATION BY MEANS OF A TRANSITIONAL PROVISION - PROHIBITION

( COUNCIL DIRECTIVE 79/7, ART . 8 )

2 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - EXPIRY OF PERIOD PRESCRIBED FOR IMPLEMENTATION - SUBSEQUENT NATIONAL IMPLEMENTING MEASURES - RETROACTIVITY - PERMISSIBILITY - CONDITION - RESPECT FOR RIGHTS CONFERRED ON INDIVIDUALS BY THE DIRECTIVE

( COUNCIL DIRECTIVE 79/7, ARTS 4 ( 1 ) AND ( 8 ) )

Summary

1 . DIRECTIVE 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY MUST BE INTERPRETED AS MEANING THAT IT DOES NOT CONFER ON THE MEMBER STATES A DISCRETION TO INCLUDE IN NATIONAL IMPLEMENTING MEASURES A TRANSITIONAL PROVISION WHICH, IN SPECIFYING THE CONSEQUENCES OF THE REPEAL OF A RULE THAT DISCRIMINATES AGAINST WOMEN IN REGARD TO THE GRANT OF A BENEFIT, DOES SO IN SUCH A WAY THAT THE EFFECTS OF THAT RULE CONTINUE AFTER THE DATE OF EXPIRY OF THE PERIOD PRESCRIBED BY THE DIRECTIVE FOR COMPLIANCE THEREWITH BY THE MEMBER STATES .

2 . ARTICLE 8 OF DIRECTIVE 79/7 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE WHICH ADOPTS IMPLEMENTING MEASURES AFTER THE EXPIRY OF THE PERIOD PRESCRIBED BY THE DIRECTIVE MAY FIX THE DATE OF THEIR ENTRY INTO FORCE RETROACTIVELY TO THE DATE OF EXPIRY OF THAT PERIOD, PROVIDED THAT THE RIGHTS WHICH ARTICLE 4 ( 1 ) OF THE DIRECTIVE CONFERS ON INDIVIDUALS IN THE MEMBER STATES AS FROM THE EXPIRY OF THE SAID PERIOD ARE RESPECTED .
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1 . Agriculture - Approximation of laws - Additives in feedingstuffs - Directive 70/524 before its amendment by Directive 84/587 - Identification and purity of additives - Complete harmonization - Measures of health conrol applicable to traders - Absence of harmonization allowing national measures under Article 36 of the Treaty

( EEC Treaty, Art . 36; Council Directive 70/524, as amended )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Importations of feedingstuffs containing additives subject to prior authorization

( EEC Treaty, Art . 30 )

3 . Agriculture - Approximation of laws - Additives in feedingstuffs - Check sampling provided for by Directive 70/524 - Levy charged to cover costs of control - Compatibility with the directive and Articles 9 and 95 of the Treaty

( EEC Treaty, Art . 9 and 95; Council Directive 70/524, as amended )

Summary

1 . Directive 70/524 concerning additives in feedingstuffs, as amended up to the adoption of Directive 84/587, provided for harmonization which precluded Member States from relying on Article 36 of the Treaty in order to impose, on the importation from other Member States of feedingstuffs containing additives, national measures intended to ensure the identification and the purity of the additives in question . It did not, on the other hand, provide for harmonization of such a nature as to deprive Member States of recourse to Article 36 of the Treaty as regards measures of health control applicable to the traders concerned .

2 . Article 30 of the Treaty must be interpreted as meaning that a national measure which subjects the importation of feedingstuffs containing additives to prior authorization constitutes a measure having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty .

3 . An annual levy charged by a Member State in like manner on importers and national producers of feedingstuffs containing additives and intended to cover the costs incurred by the State in checking samples taken pursuant to Directive 70/524 is compatible with Articles 9 and 95 of the Treaty and the provisions of that directive .
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Officials - Recruitment - Competitions - Competition on the basis of qualifications and tests - Assessment of the specific nature of experience
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1 . Free movement of persons - Freedom of establishment - More than one place of work in the Community - Person engaged in employment in one Member State and self-employed in another .

( EEC Treaty, Arts 48 and 52 )

2 . Free movement of persons - Freedom of establishment - Workers - National rules exempting from social security contributions persons pursuing an occupation on a self-employed basis at the same time as employment - Refusal to grant exemption in the case of employment in another Member State - Not permissible .

( EEC Treaty, Arts . 48 and 52 )

Summary

1 . Freedom of establishment is not confined to the right to create a single establishment within the Community but entails the right to set up and maintain, subject to observance of the relevant professional rules of conduct, more than one place of work within the Community . That applies also to a person who is employed in one Member State and wishes, in addition, to work in another Member State in a self-employed capacity .

2 . Articles 48 and 52 of the Treaty preclude national legislation which might place Community citizens at a disadvantage when they wish to extend their activities beyond the territory of a single Member State . Those articles must therefore be interpreted as meaning that a Member State may not refuse to exempt self-employed persons working within its territory from the contributions provided for under the national legislation on social security for self-employed persons, where employment is coupled with a self-employed activity, on the ground that the employment which is capable of giving entitlement to such exemption is pursued within the territory of another Member State .
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Social security of migrant workers - Unemployment - Fully unemployed frontier worker - Taking into account for pension purposes of periods of unemployment - Competent Member State - State in which worker was last employed before becoming unemployed .

( EEC Treaty Art . 51; Council Regulation No 1408/71, Art . 13 ( 2 ) ( a ) and Art . 71 ( 1 ) ( a ) ( ii ) )

Summary

Regulation No 1408/71 must be interpreted as meaning that the periods of full unemployment completed by a frontier worker who, under Article 71 ( 1 ) ( a ) ( ii ), received unemployment benefit in accordance with the legislative provisions of the Member State in whose territory he resided must, having regard to the general rule concerning the determination of the legislation applicable laid down in Article 13 ( 2 ) ( a ), and in the absence of any exception provided for by the Community rules or dictated by the necessities inherent in the realization of the objectives thereof, be taken into account as regards pension rights in accordance with the legislation of the State in which he worked immediately before becoming unemployed .
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1 . Social security for migrant workers - Frontier workers - Meaning - Worker having transferred his residence to a Member State other than the State of employment and no longer returning to the latter State - Not covered

( Regulation No 1408/71 of the Council, Art . 1 ( b ) and Art . ( 1 ) ( a ) ( ii ) )

2 . Social security for migrant workers - Unemployment - Worker other than frontier worker who is fully unemployed transferring, for family reasons, his residence to a Member State other than that of last employment - Entitlement to benefits in the Member State of residence

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

Summary

1 . Only workers who, on the one hand, reside in a Member State other than the State of employment and who, on the other, return regularly and frequently, in other words, daily or at least once a week, to their State of residence may be considered as having the status of frontier worker . It follows that a worker who, after transferring his residence to a Member State other than the State of employment, no longer returns to that State to pursue his occupation, is not covered by the term "frontier worker" within the meaning of Article 1 ( b ) of Regulation No 1408/71 and cannot rely on Article 71 ( 1 ) ( a ) ( ii ) of that regulation .

2 . The field of application ratione personae of Article 71 ( 1 ) ( b ) ( ii ) of Regulation No 1408/71 is not limited to the categories of workers referred to in Decision No 94 of the Administrative Commission on Social Security for Migrant Workers . It applies, in particular, to a worker who, in the course of his last employment, transfers his residence to another Member State for family reasons and who, after that transfer, no longer returns to the State of employment to pursue an occupation there . The possibility of receiving unemployment benefits in the State of residence rather than the State of employment under this provision is justified for certain categories of workers with close ties, in particular of a personal and vocational nature, with the country where they have settled and habitually reside and who must, as a result, be accorded the best conditions for obtaining new employment .
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1 . Officials - Applications - Prior complaint through official channels - Same subject-matter and legal basis

2 . Officials - Organization of departments - Posting of staff - Transfer from one place of employment to another - Member of the temporary staff - Reasonable period for implementation of transfer

Summary

1 . An official may not submit to the Court conclusions whose subject-matter differs from that of those contained in the complaint or put forward submissions founded on a legal basis other than that relied on in the complaint .

2 . The transfer of an official of the Community from one place of employment to another does not constitute an abnormal and unforeseeable event in his career although it may cause him family and financial difficulties, when the places of employment to which he may be assigned are spread over several Member States and the administration may be required to meet needs of the service which compel it to decide such transfer .

That conclusion applies a fortiori in the case of a member of the temporary staff whose contract of employment may be terminated by three months' notice and to whom a reasonable period of notice is given in order to implement the transfer decision .
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1 . Free movement of goods - Industrial and commercial property - Designs and models - Protection - Conditions and procedures - Determination thereof by national law - Protection of components forming part of a unit already protected as such - Whether permissible

( EEC Treaty, Art . 36 )

2 . Competition - Dominant position - Designs and models - Car body panels - Exercise of the right - Abuse - Conditions

( EEC Treaty, Art . 86 )

Summary

1 . In the absence of Community standardization or harmonization of laws, the determination of the conditions and procedures under which the protection of designs and models is granted is a matter for the national rules of each Member State . It is for the national legislature to determine which products may benefit from protection, even where they form part of a unit which is already protected as such .

2 . The right of a proprietor of a protected design to prevent third parties from manufacturing and selling or importing, without his consent, products incorporating the design constitutes the very subject-matter of his exclusive right . It follows that an obligation imposed upon the proprietor of a protected design to grant to third parties, even in return for a reasonable royalty, a licence for the supply of products incorporating the design would lead to the proprietor thereof being deprived of the substance of his exclusive right, and that a refusal to grant such a licence cannot in itself constitute an abuse of a dominant position .

However, the exercise of such an exclusive right by the proprietor of a registered design in respect of car body panels may be prohibited by Article 86 if it involves, on the part of an undertaking holding a dominant position, certain abusive conduct such as the arbitrary refusal to supply spare parts to independent repairers, the fixing of prices for spare parts at an unfair level or a decision no longer to produce spare parts for a particular model even though many cars of that model are still in circulation, provided that such conduct is liable to affect trade between Member States .