ddrg/super_eurlex huggingface dataset:
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Agriculture Common organisation of the markets Export refunds Non-differentiated refund Products immediately re-imported into the Community after completion of the customs formalities for release for home use in a non-member country Loss of right to a refund Condition Evidence of abuse Verification incumbent on national court

(Commission Regulations No 2730/79, Arts 9(1), 10(1) and 20(2) to (6), and No 568/85)

Summary

$$Articles 9(1), 10(1) and 20(2) to (6) of Regulation No 2730/79 laying down common detailed rules for the application of the system of export refunds on agricultural products, in the version resulting from Regulation No 568/85, must be interpreted as meaning that a Community exporter can forfeit his right to payment of a non-differentiated export refund if (a) the product in respect of which the export refund was paid, and which is sold to a purchaser established in a non-member country, is, immediately after its release for home use in that non-member country, transported back to the Community under the external Community transit procedure and is there released for home use on payment of import duties, without any infringement being established and (b) that operation constitutes an abuse on the part of that Community exporter.

A finding that there is an abuse presupposes an intention on the part of the Community exporter to benefit from an advantage as a result of the application of the Community rules by artificially creating the conditions for obtaining it. Evidence of this must be placed before the national court in accordance with the rules of national law, for instance by establishing that there was collusion between that exporter and the importer of the goods into the non-member country.

The fact that, before being re-imported into the Community, the product was sold by the purchaser established in the non-member country concerned to an undertaking also established in that country with which he has personal and commercial links is one of the facts which can be taken into account by the national court when ascertaining whether the conditions giving rise to an obligation to repay refunds are fulfilled.

(see para. 59 and operative part)
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1. Social policy Men and women Access to employment and working conditions Equal treatment Directive 76/207 Scope National provisions governing the date of admission to the practical training for employment in the civil service Included

(Council Directive 76/207)

2. Social policy Men and women Access to employment and working conditions Equal treatment Priority for admission to practical training for employment in the civil service given to applicants who have completed compulsory military or civilian service Women excluded de facto from benefiting from the measure Objective character of the national provisions giving such priority Indirect discrimination against women None

(Council Directive 76/207)

Summary

1. National provisions governing the date of admission to the practical legal training which is a necessary prerequisite of access to employment in the civil service fall within the scope of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.

( see para. 29 and operative part 1 )

2. By giving applicants who have completed compulsory military or civilian service priority for admission to the practical training for employment in the civil service, national provisions themselves are evidence of indirect discrimination since, under the relevant national legislation, women are not required to do military or civilian service and therefore cannot benefit from them. However, such provisions which, in the case in point, take account of the delay experienced in the progress of their education by applicants who have been required to do military or civilian service, are objective in nature and prompted solely by the desire to counterbalance the effects of that delay. Accordingly they cannot be regarded as contrary to the principle of equal treatment for men and women.

( see paras 38, 44-45 )
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1. Transport Maritime transport Freedom to provide services Regular maritime cabotage services Subjection to prior administrative authorisation Inclusion in the conditions for granting and maintaining that authorisation of a condition enabling the shipowner's solvency to be assessed Permissible Conditions

(Council Regulation No 3577/92, Arts 1 and 4)

2. Transport Maritime transport Freedom to provide services Regular maritime cabotage services Public service obligations and public service contracts Concurrent application of those two methods Permissible Conditions

(Council Regulation No 3577/92, Arts 2(3) and 4(1))

Summary

1. The combined provisions of Article 1 and Article 4 of Regulation No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) permit the provision of regular maritime cabotage services to, from and between islands to be made subject to prior administrative authorisation only if:

a real public service need arising from the inadequacy of the regular transport services under conditions of free competition can be demonstrated;

it is also demonstrated that that prior administrative authorisation scheme is necessary and proportionate to the aim pursued;

such a scheme is based on objective, non-discriminatory criteria which are known in advance to the undertakings concerned.

Moreover, Community law permits a Member State to include in the conditions for granting and maintaining prior administrative authorisation as a means of imposing public service obligations on a Community shipowner a condition enabling account to be taken of his solvency, such as the requirement that he have no outstanding tax or social security debts, thus giving the Member State the opportunity to check the shipowner's capacity to provide the service, provided that such a condition is applied on a non-discriminatory basis.

( see paras 40, 51, operative part 1-2 )

2. Article 4(1) of Regulation No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) is to be interpreted as permitting a Member State to impose public service obligations on some shipping companies and, at the same time, to conclude public service contracts within the meaning of Article 2(3) of the regulation with others for the same line or route in order to ensure the same regular traffic to, from or between islands, provided that a real public service need can be demonstrated and in so far as that application of the two methods concurrently is on a non-discriminatory basis and is justified in relation to the public-interest objective pursued.

( see para. 71, operative part 3 )
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Common Customs Tariff - Tariff headings - Satellite television receivers - Classification between 1990 and 1992 under heading 8528 of the Combined Nomenclature

Summary

$$The Combined Nomenclature of the Common Customs Tariff as set out in Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by the Annexes to Regulations Nos 2886/89, 2472/90 and 2587/91, must be interpreted as meaning that between 1990 and 1992 satellite television receivers, which are devices designed to convert television signals previously broadcast by satellite, received by aerials and processed by converters, so that they can be treated in order to become visible on screen, were to be classified under tariff heading 8528 (television receivers).

( see paras 21, 25 and operative part )
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Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Taxable amount - Sales promotion system in the context of a self-financed credit scheme established by the supplier giving entitlement to a discount on the catalogue price - Taxable amount constituted by the full catalogue price, reduced accordingly by the amount of the discount when used

(Council Directive 77/388, Art. 11A(3)(b) and C(1))

Summary

$$Upon a proper construction of Article 11A(3)(b) and C(1) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, the taxable amount in respect of goods supplied by mail order from a catalogue to a customer for the customer's own use where the supplier allows the customer a discount from the catalogue price, a separate account being credited in the customer's favour with the amount of that discount as and when instalment payments are paid to the supplier - a discount which may then be immediately withdrawn or used in another way by the customer - is the full catalogue price of the goods sold to the customer, reduced accordingly by the amount of that discount at the time when it is withdrawn or used in another way by the customer.

( see para. 36 and operative part )
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Actions for failure to fulfil obligations - Subject-matter of the dispute - Delimited in the course of the pre-litigation procedure - Supplementary reasoned opinion introducing a new complaint not formulated in the letter of formal notice - Inadmissibility

(EC Treaty, Art. 169 (now Art. 226 EC))

Summary

$$Where, in an action against a Member State for failure to fulfil its obligations, the Commission, in a supplementary reasoned opinion, formulates a new complaint against the Member State which was not formulated in its letter of formal notice, and that amendment of the complaints, despite the generality of terms which is admissible for a letter of formal notice, goes beyond a mere clarification of the first initial brief summary of complaints, the Commission's second complaint cannot be examined in the proceedings before the Court.

( see para. 54 )
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Agriculture - Approximation of laws concerning animal health - Veterinary and zootechnical checks in intra-Community trade in live animals and products of animal origin - Emergency measures to protect against bovine spongiform encephalopathy - Decision 1999/517 - Obligation to state reasons - Animal Health Code of the International Office of Epizootic Diseases - Procedural requirements and sound administrative practice - Principle of proportionality - Breach - None

(Commission Decision 1999/517)
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1. Actions for failure to fulfil obligations - Commission's right of action - Discretion - Judicial review - Limits

(EC Treaty, Art. 169 (now Art. 226 EC))

2. Transport - Air transport - Freedom to provide services - Restrictions - National rules providing for different rates of airport tax for national and intra-Community flights - Not permissible

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC); Council Regulation No 2408/92, Art. 3(1))

Summary

1. Notwithstanding its other powers under the Treaty to ensure that Member States comply with Community law, the Commission enjoys a discretion in deciding whether or not to commence an action for failure to fulfil obligations. It is not required to justify its decision, nor will the admissibility of the action be dependent upon the circumstances dictating its choice. The Court of Justice need only ensure that the procedure adopted may, in principle, be employed with regard to the alleged infringement.

( see para. 17 )

2. National rules which provide for a higher passenger service tax for intra-Community flights than that applicable to domestic flights and for a higher security tax for intra-Community flights than that applicable to certain domestic flights must be regarded as constituting a restriction on the freedom to provide services prohibited under the combined provisions of Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 3(1) of Regulation No 2408/92 on access for Community air carriers to intra-Community air routes, the purpose of which is to define the conditions for applying the principle of freedom to provide services in the air transport sector. Article 59 of the Treaty precludes, in particular, in the perspective of the single market, the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State.

( see paras 22, 27, 38 )
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Procedure - Proceedings brought before the Court of Justice on the basis of an arbitration clause - Contract granting Community funding for an energy project - Unilateral termination under the terms of the contract - Validity of the repudiation and existence of a ground for repudiation - Claim for partial reimbursement of the advance paid together with interest as provided for in the contract - Joint and several debtors - Defaulting debtor

(EC Treaty, Art. 181 (now Art. 238 EC); Council Regulation No 2008/90)
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Agriculture - Approximation of laws concerning animal health - Veterinary and zootechnical checks in intra-Community trade in live animals and products of animal origin - Directives 89/662 and 90/425 - Emergency measures to protect against bovine spongiform encephalopathy - Powers of the Member States - Decision to slaughter young bovine animals originating from the United Kingdom - Determination of the timing of slaughter

(Council Directive 90/425, Art. 8(1)(a))

Summary

$$The Community provisions applicable to the common agricultural policy in the beef and veal sector are to be interpreted as meaning that, in response to information concerning a possible link between bovine spongiform encephalopathy and Creutzfeldt-Jakob disease in humans and to the bovine spongiform encephalopathy crisis in the United Kingdom, the Member States were entitled, under Article 8(1)(a) of Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, as amended by Directive 92/118 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662 and, as regards pathogens, to Directive 90/425:

- to order the slaughter of young bovine animals originating from the United Kingdom present in their territory and

- consequently, to determine when their slaughter took place.

( see para. 47 and operative part )
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Approximation of laws - Procedures for the award of public works contracts - Directive 93/37 - Award of contracts - Abnormally low tenders - Automatic exclusion - Not permissible - Duty to use an examination procedure allowing the parties to be heard - Application of a mathematical criterion for identifying abnormally low tenders not revealing the exclusion threshold to the undertakings concerned before submission of their tenders - Whether permissible - Conditions - Exclusion of certain justifications - Not permissible

(Council Directive 93/37, Art. 30(4))

Summary

$$Article 30(4) of Directive 93/37 concerning the coordination of procedures for the award of public works contracts must be interpreted as precluding legislation and administrative practice of a Member State which, first, allow the contracting authority to reject tenders offering a greater discount than the anomaly threshold as abnormally low, taking into account only those explanations of the prices proposed, covering at least 75% of the basic contract value mentioned in the contract notice, which tenderers were required to attach to their tender, without giving the tenderers the opportunity to argue their point of view, after the opening of the envelopes, on those elements of the prices proposed which gave rise to suspicions, and, second, require the contracting authority to take into consideration, for the purposes of examining abnormally low tenders, only explanations based on the economy of the construction method, technical solutions chosen, or exceptionally favourable conditions available to the tenderer, but not explanations relating to all those elements for which minimum values are laid down by law, regulation or administrative provision or can be ascertained from official data.

However, provided all the requirements it imposes are otherwise complied with and the aims pursued by Directive 93/37 are not defeated, that Article 30(4) does not in principle preclude legislation and administrative practice of a Member State which, in the matter of identifying and examining abnormally low tenders, first, require all tenderers, under threat of exclusion from participation in the contract, to accompany their tender with explanations of the prices proposed, covering at least 75% of the basic value of that contract, and, second, apply a method of calculating the anomaly threshold based on the average of all the tenders received for the tender procedure in question, so that tenderers are not in a position to know that threshold at the time they lodge their file, the result produced by applying that calculation method having, however, to be capable of being reconsidered by the contracting authority.

( see para. 86 and operative part )
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Agriculture - Common organisation of the markets - Poultrymeat - Trade with non-member countries - Additional duties on importation - Determination on the basis of the cif import price - Importer obliged to make a request - Determination on the basis of the representative price - Invalidity

(Council Regulation No 1485/95, Arts 2(1) and 3(1) and (3))

Summary

$$Paragraphs (1) and (3) of Article 3 of Regulation No 1484/95 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67, are invalid, inasmuch as they provide that the additional duty referred to therein is, as a general rule, established on the basis of the representative price laid down in Article 2(1) of Regulation No 1484/95 and that the duty is established on the basis of the cif import price of the shipment concerned only if the importer so requests.

( see para. 36 and operative part )
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1. Appeals - Grounds - 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(1) EC; EC Statute of the Court of Justice, Art. 51)

2. Economic and social cohesion - Structural assistance - Community funding for national projects - Assessment of eligible expenses - Commission's measure of discretion

(Council Regulation No 4253/88, Art. 15(2), first and second subparas)

3. Acts of the institutions - Withdrawal - Unlawful acts - Conditions - Observance of the principles of legal certainty and the protection of legitimate expectations

Summary

1. Under Article 225(1) EC and Article 51 of the EC Statute of the Court of Justice, an appeal may lie only on grounds relating to the infringement of rules of law. The Court of Justice does not have jurisdiction to find the facts. Nor, in principle, does it have jurisdiction to examine the evidence which the Court of First Instance accepts as establishing those facts. It is for the Court of First Instance alone to assess the weight that should be attached to the evidence adduced before it. That assessment does not constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice.

( see para. 59 )

2. It is clear from the second subparagraph of Article 15(2) of Regulation No 4253/88, laying down provisions for implementing Regulation No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments that that provision is intended to confer on the Commission a measure of discretion. Furthermore, that provision constitutes an exception to the rule laid down in the first subparagraph of Article 15(2) of Regulation No 4253/88, according to which expenditure may not be considered eligible for assistance if incurred before the date on which the corresponding application reaches the Commission. The necessarily restrictive interpretation of such an exception means that the word may in the second subparagraph of Article 15(2) of the regulation cannot be construed as granting more than a mere power to the Commission.

( see para. 68 )

3. The administration may withdraw with retroactive effect an advantageous administrative act vitiated by illegality, provided that it does not infringe either the principle of legal certainty or that of the protection of legitimate expectations. That possibility, which arises where the beneficiary of the act did not contribute to its illegality, applies a fortiori where, as in this case, the illegality is attributable to him.

( see para. 90 )
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1. Free movement of capital - Restrictions - Obstacles resulting from privileges retained by Member States in the management of privatised undertakings - Justification - Systems of property ownership - None

(EC Treaty, Art. 222 (now Art. 295 EC))

2. Free movement of capital - Restrictions - National rules vesting in the State a golden share in a company - Right to oppose any transfer, use as security or change in the destination of certain strategic assets and to oppose certain management decisions - Justification - Safeguarding of energy supplies in the event of a crisis

(EC Treaty, Arts 73b and 73d(1)(b) (now Arts 56 EC and 58(1)(b) EC))

Summary

$$1. Depending on the circumstances, certain concerns may justify the retention by Member States of a degree of influence within undertakings that were initially public and subsequently privatised, where those undertakings are active in fields involving the provision of services in the public interest or strategic services. However, those concerns cannot entitle Member States to plead their own systems of property ownership, referred to in Article 222 of the Treaty (now Article 295 EC), by way of justification for obstacles, resulting from privileges attaching to their position as shareholder in a privatised undertaking, to the exercise of the freedoms provided for by the Treaty. That article does not have the effect of exempting the Member States' systems of property ownership from the fundamental rules of the Treaty.

( see paras 43-44 )

2. A Member State does not fail to fulfil its obligations under Article 73b of the Treaty (now Article 56 EC) by maintaining in force national rules vesting in that State a golden share in two companies engaged in transportation and the supply of gas and conferring on that State, first, a right to oppose any transfer, use as security or change in the destination of certain strategic assets and, second, a right to oppose certain management decisions regarded as contrary to the guidelines for the country's energy policy.

Although the restrictions resulting from the rules in issue fall within the scope of the free movement of capital, those rules are justified by the objective of guaranteeing energy supplies in the event of a crisis. That objective is based on public-security considerations which may justify, in accordance with Article 73d(1)(b) of the Treaty (now Article 58(1)(b) EC), an obstacle to the free movement of capital, provided that it does not go beyond what is necessary to attain that objective.

( see paras 40, 46, 48, 55 )