ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1. Acts of the institutions – Presumed lawful – Legally non-existent acts – Concept

(Art. 249 EC)

2. Tax provisions – Harmonisation of laws – Excise duty – Directive 92/83 – Alcohol and alcoholic beverages – Reduced rate of excise duty applied to certain products – Absence of any infringement of Community law

(Council Directive 92/83, Art. 23)

Summary

1. Measures of the Community institutions are in principle presumed to be lawful and accordingly produce legal effects until such time as they are withdrawn, annulled in an action for annulment or declared invalid following a reference for a preliminary ruling or a plea of illegality.

By way of exception to that principle, measures tainted by an irregularity whose gravity is so obvious that it cannot be tolerated by the Community legal order must be treated as having no legal effect, even provisional, that is to say they must be regarded as legally non-existent. The purpose of this exception is to maintain a balance between two fundamental, but sometimes conflicting, requirements with which a legal order must comply, namely stability of legal relations and respect for legality.

The gravity of the consequences attaching to a finding that a measure of a Community institution is non-existent means that, for reasons of legal certainty, such a finding is to be reserved for quite extreme situations.

(see paras 18-20)

2. Article 23 of Directive 92/83 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages allows a reduced rate of excise duty to be applied to certain types of product. A Member State which has done no more than maintain in force national rules adopted on the basis of that provision and which comply with that provision, which produces legal effects that are presumed to be lawful, has not failed to fulfil its obligations under Community law.

(see paras 23-25)
Keywords

Summary



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly affected – Criteria – Parliament decision dissolving a political group formed by Members belonging to a national political party – Whether that party directly affected – Not so affected

(Art. 230, fourth para., EC; Rules of Procedure of the European Parliament, Rules 29(1) and (2), and 30)

Summary

The condition that the decision forming the subject-matter of an action for annulment must be of ‘direct concern’ to a natural or legal person, as it is stated in the fourth paragraph of Article 230 EC, requires the Community measure complained of to affect directly the legal situation of the individual and leave no discretion to the addressees of that measure, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules.

A decision of the European Parliament concerning the interpretation of Article 29(1) of the Parliament’s Rules of Procedure and dissolving with retroactive effect the ‘Groupe technique des députés indépendants (TDI) – Groupe mixte’ – to the extent to which it deprived the Members having declared the formation of the TDI Group, and in particular the Members from the Front National’s list, of the opportunity of forming by means of the TDI Group a political group within the meaning of Rule 29 – affected those Members directly. Those Members were in fact prevented, solely because of the contested act, from forming themselves into a political group and were henceforth deemed to be non-attached Members for the purposes of Rule 30; as a result, they were afforded more limited parliamentary rights and lesser material and financial advantages than those they would have enjoyed had they been members of a political group within the meaning of Rule 29.

Such a conclusion cannot be drawn, however, in relation to a national political party such as the Front National. Although it is natural for a national political party which puts up candidates in the European elections to want its candidates, once elected, to exercise their mandate under the same conditions as the other Members of the Parliament, that aspiration does not confer on it any right for its elected representatives to form their own group or to become members of one of the groups being formed within the Parliament.

Under Rule 29(2) the formation of a political group within the Parliament requires a minimum number of Members from various Member States and, in any event, Rule 29(1) mentions only the possibility of Members forming themselves into groups according to their political affinities. The rule assigns no specific function in the process of forming political groups to the national political parties to which those Members belong.

(see paras 34-37)
Case C-174/01





Commission of the European Communities

v

Grand Duchy of Luxembourg





«(Failure of a Member State to fulfil obligations – Waste management – First indent of Article 11(1) of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT))»

Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 25 June 2002 I - 0000

Judgment of the Court (Fifth Chamber), 5 December 2002 I - 0000

Summary of the Judgment

1.. Actions for failure to fulfil obligations – Consideration of the merits by the Court – Situation to be taken into account – Situation as it stood at the end of the period laid down in the reasoned opinion

(Art. 226 EC)

2.. Environment – Disposal of polychlorinated biphenyls (PCB) and polychlorinated terphenyls (PCT) – Directive 96/59 – Plan for decontamination and/or disposal of equipment containing PCBs – Obligation of Member States – Scope

(Council Directive 96/59, Arts 4 and 11(1), first indent)

1.

2.
Case C-213/01 P





T. Port GmbH & Co. KG

v

Commission of the European Communities





«(Appeal – Bananas – Imports from ACP States and third countries – Calculation of annual reference quantity allocated to operators – Imports in accordance with interim measures ordered by a national court in interlocutory proceedings – Action for damages)»

Opinion of Advocate General Léger delivered on 26 November 2002 I - 0000

Judgment of the Court, 6 March 2003 I - 0000

Summary of the Judgment
Case C-57/01





Makedoniko Metro



andMikhaniki AE

v

Elliniko Dimosio





(Reference for a preliminary ruling from the Diikitiko Efetio Athinon)

«(Public works contracts – Rules for participating – Group of contractors submitting a tender – Change in the composition of the group – Prohibition laid down in the contract documents – Compatibility with Community law – Review procedures)»

Opinion of Advocate General Stix-Hackl delivered on 11 July 2002 I - 0000

Judgment of the Court (Sixth Chamber), 23 January 2003 I - 0000

Summary of the Judgment

1.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Award of contracts – Groups of tenderers – National rules prohibiting a change in the composition of the group after submission of tenders – Whether permissible

(Council Directive 93/37)

2.. Approximation of laws – Review procedures relating to the award of public supply and public works contracts – Directive 89/665 – Member States under an obligation to provide for review procedures – Groups of tenderers – Availability of review procedures

(Council Directive 89/665)

1.

2.
Case C-384/01





Commission of the European Communities

v

French Republic





«(Failure of a Member State to fulfil obligations – Sixth VAT Directive – Article 12(3)(a) and (b) – Supplies of gas and electricity delivered by the public networks – Standing charge for supply networks – Reduced rate)»

Opinion of Advocate General Alber delivered on 10 October 2002 I - 0000

Judgment of the Court (Fifth Chamber), 8 May 2003 I - 0000

Summary of the Judgment
Case C-135/01





Commission of the European Communities

v

Federal Republic of Germany





«(Failure of a Member State to fulfil obligations – Directive 98/56/EC – Marketing of propagating material of ornamental plants – Failure to transpose within the prescribed period – Difficulties of interpretation)»

Opinion of Advocate General Geelhoed delivered on 14 November 2002 I - 0000

Judgment of the Court (Sixth Chamber), 20 March 2003 I - 0000

Summary of the Judgment
Case C-121/01 P





Eoghan O'Hannrachain

v

European Parliament





«(Appeals – Officials – Grade A 1 post – Article 29(2) of the Staff Regulations – Notice of vacancy – Documents drawn up after the contested decision)»

Opinion of Advocate General Geelhoed delivered on 19 September 2002 I - 0000

Judgment of the Court (Second Chamber), 5 June 2003 I - 0000

Summary of the Judgment

1.. Officials – Recruitment – Procedures – Passage from the procedure under Article 29(1) of the Staff Regulations to the procedure under Article 29(2) of the Staff Regulations – Whether permissible – Discretion of the appointing authority to extend its options

(Staff Regulations, Art. 29)

2.. Officials – Recruitment – Recruitment under Article 29(2) of the Staff Regulations – Content of the candidate's file – Production in defence before the Court of First Instance of documents certifying the qualifications of the candidate selected drawn up after the decision to appoint – Whether permissible

3.. Appeals – Pleas in law – Incorrect assessment of the facts – Inadmissible – Review by the Court of Justice of assessment of evidence – Excluded unless the sense of evidence has been distorted

(Art. 225 EC; Statute of the Court of Justice, Art. 58)

4.. Officials – Actions – Pleas in law – Misuse of powers – Definition

1.

2.

3.

4.
Case C-160/01





Karen Mau

v

Bundesanstalt für Arbeit





(Reference for a preliminary ruling from the Sozialgericht Leipzig)

«(Council Directive 80/987/EEC – National legislation fixing the final date for the guarantee period as that of the decision to open the procedure for the collective settlement of claims where the employment relationship still exists at that date – Article 141 EC – Indirect discrimination against female employees on child raising leave – Liability of a Member State in the event of infringement of Community law)»

Opinion of Advocate General Mischo delivered on 2 July 2002 I - 0000

Judgment of the Court (Fifth Chamber), 15 May 2003 I - 0000

Summary of the Judgment

1.. Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 – Onset of the employer's insolvency – Definition – National provision defining the date of insolvency as that of the decision ruling on the request for opening of the insolvency procedure – Not permissible

(Council Directive 80/987, Arts 3(2) and 4(2))

2.. Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 – Employment relationship – Definition

(Council Directive 80/987, Arts 3 and 4)

1.

2.
JUDGMENT OF THE COURT (Sixth Chamber)

26 June 2003

((Sixth VAT Directive – Scope – Supply of services for consideration – Admission of a member to a partnership in consideration of payment of a contribution in cash))

and

THE COURT (Sixth Chamber),,

after considering the written observations submitted on behalf of:

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of the German Government, represented by W.-D. Plessing, acting as Agent, and of the Commission, represented by K. Gross, with A. Böhlke, at the hearing on 15 January 2003,

after hearing the Opinion of the Advocate General at the sitting on 6 February 2003,
JUDGMENT OF THE COURT (Fifth Chamber)

12 June 2003

((Freedom of access to information – Information relating to the environment – Directive 90/313/EEC – Breaches of the rules on labelling of foodstuffs produced from genetically modified organisms))

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of Ms Glawischnig, represented by M. Meyer; the Austrian Government, represented by G. Hesse, acting as Agent; and the Commission, represented by G. zur Hausen, at the hearing on 19 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 5 December 2002,
JUDGMENT OF THE COURT (Fifth Chamber)

18 September 2003

((Telecommunications services – General authorisations and individual licences – Directive 97/13/EC – Fees and charges for individual licences))

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of of Albacom SpA, represented by R. Caiazzo and A. Santa Maria, avvocato; of Infostrada SpA, represented by F.G. Scoca and G. Pizzonia; of the Italian Government, represented by M. Fiorilli; and of the Commission, represented by E. Traversa, at the hearing on 21 November 2002,

after hearing the Opinion of the Advocate General at the sitting on 12 December 2002,
Case C-223/01





AstraZeneca A/S

v

Lægemiddelstyrelsen





(Reference for a preliminary ruling from the Østre Landsret)

«(Medicinal products – Marketing authorisation for a generic medicinal product – Withdrawal of the marketing authorisation for the reference medicinal product – Abridged procedure)»

Opinion of Advocate General Jacobs delivered on 23 January 2003 I - 0000

Judgment of the Court (Sixth Chamber), 16 October 2003 I - 0000

Summary of the Judgment

1.. Approximation of laws – Proprietary medicinal products – Marketing authorisation – Abridged procedure – Essentially similar products – Waiver of the obligation to provide the results of pharmacological and toxicological tests or of clinical trials – Application for a marketing authorisation for a generic medicinal product – Reference medicinal product – Product marketed – Assessment criterion

(Council Directive 65/65, Art. 4, third para., point 8, second indent, (a)(iii))

2.. Approximation of laws – Proprietary medicinal products – Marketing authorisation – Abridged procedure – Essentially similar products – Waiver of the obligation to provide the results of pharmacological and toxicological tests or of clinical trials – Application for a marketing authorisation for a generic medicinal product – Reference medicinal product – Necessary for marketing authorisation for that product to be in force at the date of the application

(Council Directive 65/65, Art. 4, third para., point 8, second indent, (a)(iii))

1.

2.
Case C-421/01





Traunfellner GmbH

v

Österreichische Autobahnen- und Schnellstraßen-Finanzierungs-AG (Asfinag)





(Reference for a preliminary ruling from the Bundesvergabeamt (Austria))

«(Directive 93/37/EEC – Public works contracts – Concept of a variant – Conditions for consideration and assessment for the purpose of awarding a contract)»

Opinion of Advocate General Alber delivered on 10 April 2003 I - 0000

Judgment of the Court (Sixth Chamber), 16 October 2003 I - 0000

Summary of the Judgment

1.. Preliminary rulings – Jurisdiction of the Court – Extraction of the relevant points of Community law – Jurisdiction of the national courts – Establishment and evaluation of the facts – Application of provisions interpreted by the Court

(Art. 234 EC)

2.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Award of contracts – Variants submitted by tenderers – Obligation to set out in the contract documents the minimum specifications to be complied with – Scope – Reference to a provision of national legislation – Not permissible

(Council Directive 93/37, Art. 19)

3.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Award of contracts – Application of the criteria for the award of contracts only to variants properly taken into consideration by the contracting authority

(Council Directive 93/37, Arts 19 and 30)

1.

2.

3.
Case C-209/01





Theodor Schilling and Angelica Fleck-Schilling

v

Finanzamt Nürnberg-Süd





(Reference for a preliminary ruling from the Bundesfinanzhof (Germany))

«(Free movement of workers – Officials and servants of the European Communities – Maintenance of domicile for tax purposes in the Member State of origin – Income tax – Deduction of expenditure in respect of a household assistant)»

Opinion of Advocate General Tizzano delivered on 6 March 2003

Judgment of the Court (Fifth Chamber), 13 November 2003

Summary of the Judgment
Case C-358/01





Commission of the European Communities

v

Kingdom of Spain





«(Failure of a Member State to fulfil obligations – Article 28 EC – Prohibition on marketing under the name limpiador con lejía(cleaner with bleach) goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l)»

Opinion of Advocate General Alber delivered on 22 May 2003

Judgment of the Court (Fifth Chamber), 6 November 2003

Summary of the Judgment
Case C-215/01





Proceedings

against

Bruno Schnitzer





(Reference for a preliminary ruling from the Amtsgericht Augsburg (Germany))

«(Freedom to provide services – Directive 64/427/EEC – Skilled services in the plastering trade – National rules requiring foreign skilled-trade undertakings to be entered on the trades register – Proportionality)»

Opinion of Advocate General Mischo delivered on 17 September 2002 I - 0000

Opinion of Advocate General Mischo delivered on 3 April 2003 I - 0000

Judgment of the Court (Fifth Chamber), 11 December 2003 I - 0000

Summary of the Judgment

1.. Freedom to provide services – Treaty provisions – Scope – Temporary nature of the activities pursued – Criteria – Supply of identical or similar services with a greater or lesser degree of frequency or regularity in another Member State without having an infrastructure there

(Art. 50, third para., EC)

2.. Freedom to provide services – Restrictions – Rules of a Member State which make the performance of services on its territory by businesses established in other Member States subject to a procedure for entry on the trades register – Not permissible – Criteria

(Art. 49 EC)

1.

2.
JUDGMENT OF THE COURT (Fifth Chamber)

20 November 2003

((Sixth VAT Directive – Exemption for medical care provided in the exercise of the medical and paramedical professions – Expert medical report))

In Case C-212/01,

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of the United Kingdom Government and of the Commission at the hearing on 20 November 2002,

after hearing the Opinion of the Advocate General at the sitting on 30 January 2003,
Case C-290/01

Receveur principal des douanes de Villepinte

v

Derudder & Cie SA

(Reference for a preliminary ruling from the Cour de cassation (France))

(Free movement of goods – Release for free circulation – Taking of a sample – Possibility of challenging the representativeness of that sample)

Summary of the Judgment

Customs union – Harmonisation of laws – Procedures for the release of goods for free circulation – Taking of a sample of the goods imported – Possibility for a declarant present when a sample was taken to challenge that sample’s representativeness at a later date – Limits

(Council Regulation No 2913/92, Art. 70; Council Directive 79/695, Arts 9 and 10; Commission Directive 82/57, Art. 11)

Directive 79/695 on the harmonisation of procedures for the release of goods for free circulation and Directive 82/57 laying down certain provisions for implementing that directive, as amended by Directive 83/371, together with Regulation No 2913/92 establishing the Community Customs Code, must be interpreted as meaning that it is permissible for a customs declarant or his representative present when a sample was taken by the customs authorities of imported goods and who did not at the time challenge the representativeness of that sample to challenge its representativeness when requested by those authorities to pay additional import duties following their analysis of that sample, provided that the goods concerned have not been released or, if they have been released, that they have not been altered in any way whatsoever, which is for that declarant to prove.

(see para. 47, operative part)
Case C-353/01 P





Olli Mattila

v

Council of the European Union and Commission of the European Communities





«(Appeal – Access to documents – Decisions 93/731/EC and 94/90/ECSC, EC, Euratom – Exception relating to the protection of the public interest in the field of international relations – Partial access)»

Opinion of Advocate General Léger delivered on 10 July 2003

Judgment of the Court (Sixth Chamber), 22 January 2004

Summary of the Judgment

1.. Actions for annulment – Jurisdiction of the Community judicature – Unlimited jurisdiction – Issue of directions to an institution – Not permissible

(Art. 230 EC)

2.. Appeals – Pleas in law – Mere repetition of the pleas and arguments submitted to the Court of First Instance – Inadmissible – Challenge to the interpretation or the application of Community law by the Court of First Instance – Inadmissible

(Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c))

3.. Council – Commission – Public right of access to documents from those institutions – Decisions 93/731 and 94/90 – Exceptions to the principle of access to documents – Refusal to grant access to a document made without prior consideration of partial access to information not covered by the exceptions – Unlawful – Curing a defect in the statement of reasons during the proceedings before the Court – Not permissible

(Council Decision 93/731; Commission Decision 94/90)

1.

2.

3.
Keywords



Keywords

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

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible — (Art. 226 EC)
Keywords



Keywords

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



Keywords

Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation at the end of the period laid down in the reasoned opinion — (Art. 226 EC)
Keywords



Keywords

Actions for failure to fulfil obligations — Examination of merits by the Court — Situation to be taken into consideration — Situation at the end of the period laid down in the reasoned opinion — (Art. 226 EC)