ddrg/super_eurlex huggingface dataset:
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Common Customs Tariff - Tariff headings - Note 1 ( d ) to Chapter 28 - Classification of a chemical product to which has been added a stabilizer necessary for its transport

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Note 1 ( d ) to Chapter 28 of the Common Customs Tariff (" Inorganic chemical products; ...") must be interpreted as meaning that application of that Chapter is not excluded merely by the fact that the addition to an imported chemical product of a stabilizer necessary for its preservation or

transport could enable the chemical product in question to be used for a different purpose . However, Chapter 28 cannot apply when the principal use of the goods is determined by the possible use of the stabilizer and not that of the chemical product .
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Member States - Obligations - Implementation of directives - Failure to do so - Justification - Not permissible

( EEC Treaty, Art . 169 )

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A Member State may not plead provisions, practices or situations prevailing in its internal legal system in order to justify a failure to comply with obligations and time limits laid down by directives .
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1 . Competition - Public undertakings - Powers of the Commission - Adoption of directives and decisions within the meaning of Article 189 of the Treaty

( EEC Treaty, Arts 90 ( 3 ) and 189 )

2 . Action for failure to fulfil obligations - Failure to comply with a Commission decision based on Article 90 ( 3 ) of the Treaty - Annulment of the decision not sought - Defences - Challenge to the lawfulness of the decision - Inadmissible - Limits - Non-existent measures

( EEC Treaty, Arts 169, 170, 173 and 175 )

Summary

1 . Although the powers conferred on the Commission by Article 90 ( 3 ) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that does not prevent the "directives" and "decisions" referred to in that provision from falling within the general category of directives and decisions referred to in Article 189 .

Consequently, a decision based on Article 90 ( 3 ) is, by virtue of the fourth paragraph of Article 189, "binding in its entirety" upon the Member State to which it is addressed .

2 . The system of remedies set up by the Treaty distinguishes between the remedies provided for in Articles 169 and 170, which permit a declaration that a Member State has failed to fulfil its obligations, and those contained in Articles 173 and 175, which permit judicial review of the lawfulness of measures adopted by the Community institutions, or the failure to adopt such measures . Those remedies have different objectives and are subject to different rules . In the absence of a provision of the Treaty expressly permitting it do so, a Member State cannot therefore plead the unlawfulness of a decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision .

Such a defence could be upheld only if the measure at issue contained such particularly serious and manifest defects that it could be deemed non-existent .
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1 . Approximation of legislation - Procedures for the award of public works contracts - Directive 71/305 - Scope - Exclusion of water and energy services - Publication in the Official Journal of a notice relating to a contract covered by the exception - Effect - Applicability of the directive - None

( Council Directive 71/305, Art . 3 ( 5 ) )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Public works contract - Invitation to tender - Technical specification requiring the materials used to comply with a national standard - Not permissible

( EEC Treaty, Art . 30 )

Summary

1 . Directive 71/305 on the procedures for the award of public works contracts, Article 3 ( 5 ) of which excludes from its scope contracts awarded by the production, distribution, transmission or transportation services for water and energy, cannot apply to such a contract notwithstanding that provision simply because the Member State in question requested the publication of a contract notice in the Official Journal of the European Communities by reference to the obligatory publication of contract notices laid down by the directive . Such a step, whether taken because of an error or because the Member State initially intended to seek a financial contribution from the Community, cannot cause an exception not to apply where the exception is laid down in a provision which is wholly unambiguous and justified by reasons unaffected by that step .

2 . In so far as it allows a public body for whose acts it is responsible to include in the contract specification for tender for a public works contract a clause stipulating that the materials used must be certified as complying with a national technical standard, a Member State fails to fulfil its obligations under Article 30 of the Treaty . Such a clause is liable to impede imports in so far as it may cause economic operators utilizing materials equivalent to those certified as complying with the relevant national standards to refrain from tendering .
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Common Customs Tariff - Community tariff quotas - No annual quota fixed by the Council - Advance allocation by the Commission on the basis of proposals submitted to the Council - Suspension by the Commission of the issue of import licences - Permissibility - Definitive fixing by Council - Apportionment of remaining quantity - Priority for outstanding applications .

( Commission Regulation No 3656/83, Art . 2 )

Summary

Where the Council has not definitively fixed an annual tariff quota, the Commission, in implementing Regulation No 3656/83 laying down detailed rules for the application of the import arrangements for products falling within subheading 07.06 A of the Common Customs Tariff originating in non-member countries, in particular Article 2 on the procedure for issuing import licences, is entitled to suspend the advance issue of import licences where, having regard to the quantities already allocated, the outstanding applications exceed the amount of the annual quota which it has proposed to the Council and, since the total quantity to be allocated has not yet been fixed, the apportionment rule cannot be applied to them .

Once the Council has definitively fixed the quota, the Commission may, in allocating the remainder, authorize the submission of fresh applications, but it is bound, by virtue of Article 2 ( 3 ) of the abovementioned regulation, to give priority to the applications which were left unsatisfied as a result of the suspension and, having been confirmed, remain outstanding . If the amount covered by those applications exceeds the quantity available, the apportionment rule must be applied .
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1 . Common Customs Tariff - General rules applicable both to nomenclature and to duties - "Packings" within the meaning of Rule 2 - Beer barrels, beer bottles and beer crates - Inclusion - Subsequent return to the seller in another country - No effect

2 . Common Customs Tariff - Special provisions relating to packings imported full - Rule 1 ( a ) - Scope - Duty payable on packings at the rate applicable to the goods contained therein

3 . Common Customs Tariff - Value for customs purposes - Transaction value - Calculation - Packings not included in the price of the goods and intended to be returned to the seller in another country - Exclusion - Financial compensation payable by the buyer in respect of packings not returned - Cost to be added to the price paid - Post-clearance recovery

( Council Regulations Nos 1697/79, Art . 2, and 1224/80, Arts 3 and 8 ( 1 ) ( a ) )

Summary

1 . The last sentence of Section I, C.2 . of Part I of the Common Customs Tariff must be interpreted as meaning that the expression "packing" includes beer barrels, beer bottles and plastic crates for beer bottles even where those articles are to be returned to the seller of the beer in another country .

2 . Section II, D.1 . ( a ) of Part I of the Common Customs Tariff ( as amended by Regulation No 3333/83 ) must be interpreted as meaning that duty is payable on packings at the rate applicable to the goods contained therein .

3 . Where the packings, because they must be returned to the seller in another country, are not included in the price payable for imported goods, their value is not included in the customs value as part of the transaction value . However, for the purposes of calculation of the customs value, financial compensation which the buyer is required to pay the seller for packings that are not returned constitutes a cost to be added to the price actually paid within the meaning of Article 8 ( 1 ) ( a ) of Regulation No 1224/80 and gives rise, in accordance with Article 2 of Regulation No 1697/79, to the post-clearance recovery of the duties payable .
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1 . Common Customs Tariff - Establishment of a tariff and statistical nomenclature for goods - Power of Council to conclude an international convention - Legal basis - Articles 28 and 113 of the Treaty

( EEC Treaty, Arts 28 and 113; Council Decision 87/369 )

2 . EEC Treaty - Article 235 - Scope

3 . Measures adopted by the institutions - Preparation - Consultation of Parliament - Consultation in the absence of a requirement - Lawfulness

Summary

1 . Articles 28 and 113 of the Treaty are the legal bases for the Council' s power to adopt the decision concluding the international convention on the harmonized commodity description and coding system to be used by the contracting parties for their tariff and statistical nomenclature .

The Council has a general power in relation to tariff matters which is based both on Article 28 and on Article 113 of the Treaty, inasmuch as it has that power irrespective of whether the Common Customs Tariff duties are amended autonomously ( Article 28 ) or under tariff agreements or other measures of common commercial policy ( Article 113 ). It is thus Articles 28 and 113 of the Treaty which together constitute the appropriate legal basis for the establishment of a tariff nomenclature, which is indispensable for the application of customs duties .

The Council' s power to establish a statistical nomenclature for the Community' s external trade is given by Article 113 of the Treaty, for statistics of external trade, along with the corresponding nomenclature, constitute an indispensable instrument of commercial policy .

2 . The fact that a measure which an institution intends to adopt may affect another measure which is based on Article 235 does not necessarily imply recourse to that provision as a legal basis . Such recourse may be contemplated only if the institution in question cannot base its power on any other provision of the Treaty .

3 . Since the Council is always entitled to consult the Parliament, the fact that although it was not mandatory such consultation occurred and may have affected the substance of the measure adopted cannot, unlike disregard of the obligation to consult, be regarded as giving rise to unlawfulness .
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1 . Measures adopted by the Community institutions - Directives - Implementation by Member States - Transposition without the adoption of legislation - Conditions - Existence of national provisions ensuring full application of the directive

( EEC Treaty, Art . 189, third paragraph )

2 . Social policy - Approximation of laws - Protection of workers in the event of employer' s insolvency - Directive 80/987 - Implementation by Member States - Incomplete implementation as regards the persons protected and the guarantees provided - Not permissible

( Council Directive 80/987 )

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1 . Although the implementation of a directive does not necessarily require the adoption of specific legislation or regulations in each Member State, the adoption of such measures cannot be regarded as superfluous unless the existing provisions of national law effectively guarantee that the directive will be applied fully .

2 . Directive 80/987 is intended to provide a minimum protection for all workers in the event of their employer' s insolvency . The national legislation of a Member State does not satisfy the requirements of that directive where the guarantee which it provides is incomplete both as regards the persons covered - by reason of the fact that it applies only to certain categories of undertaking, it excludes certain categories of workers who under national law have the status of employees other than those for which a derogation is expressly authorized by the directive and it is not automatic, being subject to the fulfilment of a number of preconditions which have to be assessed case by case by the national authorities - and as regards its scope - since it does not ensure the automatic payment of benefits under statutory social security schemes where the contributions deducted at source have not been paid and it does not protect pension rights under supplementary pension schemes operating independently from the statutory social security schemes .
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1 . Officials - Action directed against the decision rejecting the complaint - Admissibility

( Staff Regulations, Arts 90 and 91 )

2 . Officials - Promotion - Criteria - Merits - Seniority and age to be taken into account - As a subsidiary matter

( Staff Regulations, Art . 45(1 ) )

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1 . It is clear from Articles 90 and 91 of the Staff Regulations that the action must be directed against an act adversely affecting the applicant, consisting either in a decision taken by the appointing authority or in the appointing authority' s failure to adopt a measure prescribed by the Staff Regulations, and that it is admissible only if

the official has previously submitted a complaint to the appointing authority and if the complaint has been rejected by express or implied decision .

The administrative complaint and its rejection, whether express or implied, thus constitute an integral part of a complex procedure . Under those circumstances, the action before the Court, even if formally directed against the rejection of the complaint, has the effect of bringing before the Court the act adversely affecting the applicant against which the complaint was submitted .

2 . According to Article 45(1 ) of the Staff Regulations, the assessment of the merits of officials constitutes the decisive criterion for the purposes of promotion, whereas the appointing authority may take into account the age of the candidates and their seniority in the grade or service only as a subsidiary matter .

Consequently, that provision precludes the application of a selection method based on arithmetical criteria whereby the number of marks which may be awarded for merit is less than one quarter of the total marks to be awarded to the candidates, and the remaining marks are awarded for seniority and age .
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1 . Agriculture - Common organization of the markets - Milk and milk products - Non-marketing premiums for milk - Conditions for granting and written undertakings by the producer - Definition - Requirements linked to procedure for checking compliance - Excluded

( Council Regulation No 1078/77, Arts 2 and 11(1 ); Commission Regulation No 1307/77, Art . 8(1 ) )

2 . Agriculture - Common organization of the markets - Milk and milk products - Non-marketing premiums for milk - Procedures for checking the use made of animals - Compulsory marking and registration of livestock - Partial failure to do so - Consequences

( Commission Regulation No 1307/77, Arts 7 and 8(3 ) )

Summary

1 . The term "undertakings" used in Article 11(1 ) of Regulation No 1078/77 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds, and the term "obligations" used in Article 8(1 ) of Regulation No 1307/77 laying down rules for the application of that system, must be interpreted, in the case of a non-marketing premium, as referring only to the undertakings and obligations upon which Article 2 of Regulation No 1078/77 makes the grant of the premium conditional, to the exclusion of any other requirements relating in particular to the procedures for checking compliance with the obligations deriving from the system of premiums .

2 . Article 8(3 ) of Regulation No 1307/77, pursuant to which entitlement to the non-marketing premium for milk is forfeited for animals in respect of which it is not proved pursuant to Article 7 of the same regulation that they were used for the purposes for which they were intended, must be interpreted as referring also to cases in which a few animals were not marked and registered and identity cards were not issued for them .
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1 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Refusal to admit a candidate to the tests - Statement of reasons - Duty - Scope

( Staff Regulations of Officials, Annex III, Art . 5 )

2 . Officials - Recruitment - Competition - Assessment of candidates' merits - Review of applications in implementation of a judgment of the Court - Obligations of the selection board

( Staff Regulations of Officials, Annex III, Art . 5 )

Summary

1 . In order to make allowance for the practical difficulties which arise in a competition for which there is a very large number of applications, the selection board for such a competition may initially send to a candidate not admitted to the tests merely information on the criteria for selection and the result thereof and not give individual explanations until later, to those candidates who expressly request them .

That requirement is not met where, in a letter to the candidate not admitted to the tests in reply to his request for an explanation, the selection board does not specify what elements of his personal file constituted the reason for the refusal to admit him to the tests .

2 . When a selection board reviews applications in implementation of a judgment of the Court it must do so with the required diligence and with particular care .

Reliance on the notes and personal recollections of the members of the selection board, which are liable to be incomplete and inaccurate, in order to reconstruct opinions expressed several years earlier by the superiors of a very large number of candidates constitutes a serious irregularity of such a kind as to justify the annulment of the decisions by which the selection board refused to admit the candidates concerned to the tests .
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ECSC - Production - System of steel production and delivery quotas - Transfer of reference production and reference quantities - Alteration of the relative position of undertakings on the market - Provisions adopted in favour of monoproducers in order to enable them to safeguard their position - Extension to other categories of undertakings - Obligation on the part of the Commission - None

( Decision No 3485/85, Art . 15 )

Summary

Under the system of steel production and delivery quotas, transfers of references from one category to another authorized by Article 15 of Decision No 3485/85 inevitably lead to an alteration in the relative position on the market of undertakings with regard to the categories of products affected by the transfers .

Monoproducers, who cannot have recourse to such transfers, unlike producers manufacturing more than one product, or who are able to do so only to a very limited extent, are in a special position . This justifies the derogation from the general system of quotas introduced for their benefit by the provision in the aforesaid article that the Commission is to grant them the necessary adjustments if, as a result of transfers of references, it finds that there is a substantial reduction in the ratio between their reference figures and those for all other Community undertakings .

There is no such justification in the case of undertakings which do not fulfil the special conditions characterizing monoproducers, with the result that the Commission was under no obligation to extend the guarantee of an undertaking' s relative position on the market to undertakings 90% of whose total reference production consists of products from two categories .
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1.Competition - Agreements, decisions and concerted practices - Industrial and commercial property rights - Patent - Exercise of rights - Permissible in principle

( EEC Treaty, Art . 85(1 ) )

2 . Competition - Agreements, decisions and concerted practices - Industrial and commercial property rights - Patent licensing agreement - Obligation to continue to pay a royalty after expiry of the patent - Permissible in principle

( EEC Treaty, Art . 85(1 ) )

3.Competition - Agreements, decisions and concerted practices - Industrial and commercial property rights - Patent licensing agreement - Prohibition on manufacture and marketing after expiry of the patent and termination of the agreement - Unlawfulness - Condition - Appreciable effect on trade between Member States

( EEC Treaty, Art . 85(1 ) )

Summary

1.Restrictions which are imposed by way of contract by the proprietor of a patent upon the reproduction, use or exploitation of a patented invention otherwise than under a licence granted for that purpose and which derive from the application of national legislation intended to protect industrial property rights cannot, in themselves, be regarded as preventing, restricting or distorting competition within the common market within the meaning of Article 85(1 ).

2.A contractual obligation under which the grantee of a licence for a patented invention is required to pay royalty for an indeterminate period, and thus after the expiry of the patent, does not in itself constitute a restriction of competition within the meaning of Article 85(1 ) of the Treaty where the agreement was entered into after the patent application was submitted and immediately before the grant of the patent .

3.A clause contained in a licensing agreement prohibiting the manufacture and marketing of the products in question after the expiry of the patent and the termination of the agreement comes within the prohibition laid down in Article 85(1 ) only if it emerges from the economic and legal context in which the agreement was concluded that it is liable to appreciably affect trade between Member States .