ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN BY COMMUNITY DIRECTIVES .

THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
Keywords

Summary



Keywords

++++

1 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - SPAIN - AGRICULTURE - TRANSITIONAL MEASURES - SUPPLEMENTARY TRADE MECHANISM - SYSTEM OF LICENCES AND SECURITIES - DEROGATION FROM THE NORMAL SYSTEM OF INTRA - COMMUNITY TRADE - LEGALITY

( ACT OF ACCESSION OF 1985, ARTS 81, 83 AND 85; COUNCIL REGULATION NO 569/86; COMMISSION REGULATIONS NOS 574/86, 624/86, 641/86, 643/86 AND 647/86 .)

2 . ACTS OF COMMUNITY INSTITUTIONS - STATEMENT OF REASONS - FACTUAL ERROR CONTAINED IN THE STATEMENT OF THE REASONS ON WHICH A REGULATION IS BASED WHICH IS OTHERWISE ADEQUATE - NO EFFECTS ON THE LEGALITY OF THE REGULATION

( EEC TREATY, ART . 190; COUNCIL REGULATION NO 569/86 )

Summary

1 . THE SYSTEM SET UP BY REGULATION NO 569/86, WHICH LAYS DOWN THE GENERAL RULES FOR THE IMPLEMENTATION OF THE SUPPLEMENTARY TRADE MECHANISM, ESTABLISHED BY THE ACT OF ACCESSION OF SPAIN, WHICH MAKES THE IMPORTATION INTO THE OTHER MEMBER STATES OF CERTAIN SPANISH AGRICULTURAL PRODUCTS SUBJECT TO THE ISSUE OF LICENCES REQUIRING THE PROVISION OF A SECURITY, IS AN INTEGRAL PART OF THE TRANSITIONAL MEASURES UNDER THE ACT OF ACCESSION WHICH DEROGATES FROM THE NORMAL SYSTEM APPLICABLE TO INTRA-COMMUNITY TRADE . THE SYSTEM CANNOT THEREFORE BE CRITICIZED IN ITS PRINCIPLES FOR BEING CONTRARY TO THE PROVISIONS OF THE EEC TREATY AND THE ACT OF ACCESSION GOVERNING THE FREE MOVEMENT OF GOODS .

NEITHER REGULATION NO 569/86 NOR THE REGULATIONS LAYING DOWN DETAILED RULES FOR ITS IMPLEMENTATION INFRINGE THE "STANDSTILL" REQUIREMENT UNDER THE EEC TREATY OR THE PRINCIPLES OF LEGAL CERTAINTY, PROPORTIONALITY OR COMMUNITY PREFERENCE; THE MEASURES WHICH THEY LAY DOWN ARE COVERED BY THE RELEVANT PROVISIONS OF THE ACT OF ACCESSION .

2 . A PROCEDURAL DEFECT IN A REGULATION, CONSISTING OF A FACTUALLY INCORRECT STATEMENT IN ONE OF THE RECITALS IN ITS PREAMBLE, CANNOT LEAD TO ITS ANNULMENT IF THE OTHER RECITALS AFFORD A SUFFICIENT STATEMENT OF THE REASONS FOR THE ADOPTION OF THE MEASURES WHICH IT PROVIDES .
Keywords

Summary



Keywords

++++

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - AFFILIATION TO A SOCIAL SECURITY SCHEME - CONDITIONS - APPLICATION OF NATIONAL LEGISLATION - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITED

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND LIFE INSURANCE - SPECIAL PROCEDURES FOR APPLYING NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE - PERIODS REFERRED TO IN ANNEX VI, PART I, POINT 2 ( C ) OF REGULATION NO 1408/71 - WHETHER THEY ARE TO BE REGARDED AS INSURANCE PERIODS FOR THE PURPOSE OF DETERMINING THE TIME-LIMIT FOR THE SUBMISSION OF AN APPLICATION TO PAY VOLUNTARY CONTRIBUTIONS - NO

( EEC TREATY, ART . 51; COUNCIL REGULATION ( EEC ) NO 1408/71, ANNEX VI, PART I, POINT 2 ( C )*)

Summary

1 . IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME, PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES .

2 . NEITHER ARTICLE 51 OF THE EEC TREATY NOR ANY PROVISION OF REGULATION ( EEC ) NO 1408/71 REQUIRES THE PERIODS REFERRED TO IN POINT 2 ( C ) OF PART 1 OF ANNEX VI TO THAT REGULATION TO BE REGARDED AS INSURANCE PERIODS FOR THE PURPOSE OF DETERMINING THE PERIOD WITHIN WHICH AN APPLICATION TO PAY VOLUNTARY CONTRIBUTIONS UNDER NATIONAL LEGISLATION MAY BE SUBMITTED .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - PROMOTION - STATEMENT OF REASONS - OBLIGATION - NONE

( STAFF REGULATIONS, ART . 45 )

2 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS, ART . 45 )

3 . OFFICIALS - DUTY OF THE ADMINISTRATION TO HAVE REGARD TO THE INTERESTS OF THE EMPLOYEE - LIMITS - INTERESTS OF THE SERVICE

Summary

1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO GIVE REASONS FOR A DECISION ON PROMOTION EITHER TO THE OFFICIAL PROMOTED, SINCE HE CANNOT BE ADVERSELY AFFECTED BY THE DECISION, OR TO CANDIDATES WHO HAVE NOT BEEN PROMOTED, SINCE THEY MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS .

2 . THE APPOINTING AUTHORITY HAS WIDE DISCRETION AS REGARDS PROMOTIONS AND THE COURT MUST RESTRICT ITS REVIEW TO CONSIDERATION OF THE QUESTION WHETHER THE APPOINTING AUTHORITY HAS USED ITS POWER IN A MANIFESTLY INCORRECT WAY .

3 . THE REQUIREMENTS OF THE DUTY TO HAVE REGARD TO THE INTERESTS OF THE EMPLOYEE CANNOT PREVENT THE APPOINTING AUTHORITY FROM ADOPTING THE MEASURES IT BELIEVES NECESSARY IN THE INTEREST OF THE SERVICE .
Keywords

Summary



Keywords

++++

CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - LIS PENDENS - CONCEPT - INDEPENDENT INTERPRETATION - ACTIONS INVOLVING THE SAME SUBJECT-MATTER AND THE SAME CAUSE OF ACTION - ACTION FOR RESCISSION OR DISCHARGE OF A CONTRACT AND ACTION TO ENFORCE THE CONTRACT

( CONVENTION OF 27 SEPTEMBER 1968, ART . 21 )

Summary

THE TERMS USED IN ARTICLE 21 OF THE CONVENTION OF 27 SEPTEMBER 1968 IN ORDER TO DETERMINE WHETHER A SITUATION OF LIS PENDENS ARISES MUST BE REGARDED AS INDEPENDENT .

LIS PENDENS WITHIN THE MEANING OF THAT ARTICLE ARISES WHERE A PARTY BRINGS AN ACTION BEFORE A COURT IN A CONTRACTING STATE FOR THE RESCISSION OR DISCHARGE OF AN INTERNATIONAL SALES CONTRACT WHILST AN ACTION BY THE OTHER PARTY TO ENFORCE THE SAME CONTRACT IS PENDING BEFORE A COURT IN ANOTHER CONTRACTING STATE .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - APPROXIMATION OF LAWS - LEGAL BASIS

( EEC TREATY, ARTS 38 ( 2 ), 39, 43 AND 100; COUNCIL DIRECTIVE 86/113 )

2 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - CHOICE OF LEGAL BASIS - CRITERIA - PRACTICE FOLLOWED BY AN INSTITUTION - NOT RELEVANT IN THE LIGHT OF THE RULES LAID DOWN IN THE TREATY

3 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - STATEMENT OF REASONS - ALTERATION AFTER THE ADOPTION OF A MEASURE - NO POWER ON THE PART OF THE GENERAL SECRETARIAT OF THE COUNCIL

( EEC TREATY, ART . 190 )

Summary

1 . ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD, EVEN WHERE IT IS DIRECTED NOT ONLY TO OBJECTIVES OF THE COMMON AGRICULTURAL POLICY BUT ALSO TO OTHER OBJECTIVES WHICH, IN THE ABSENCE OF SPECIFIC PROVISIONS, ARE PURSUED ON THE BASIS OF ARTICLE 100 . INASMUCH AS ARTICLE 38 ( 2 ) OF THE TREATY GIVES PRECEDENCE TO SPECIFIC PROVISIONS IN THE AGRICULTURAL FIELD OVER GENERAL PROVISIONS RELATING TO THE ESTABLISHMENT OF THE COMMON MARKET, ARTICLE 100 CANNOT BE RELIED ON AS A GROUND FOR RESTRICTING THE FIELD OF APPLICATION OF ARTICLE 43 .

DIRECTIVE 86/113 LAYING DOWN MINIMUM STANDARDS FOR THE PROTECTION OF LAYING HENS KEPT IN BATTERY CAGES, WHICH WAS INTENDED MAINLY TO ELIMINATE DISTORTIONS OF COMPETITION WHICH MIGHT INTERFERE WITH THE PROPER FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET FOR EGGS, WHILE AT THE SAME TIME PROMOTING ANIMAL WELFARE, COULD BE ADOPTED ON THE BASIS OF ARTICLE 43 ALONE .

2 . THE DETERMINATION OF THE APPROPRIATE LEGAL BASIS FOR A MEASURE DOES NOT DEPEND ON THE DISCRETION OF THE COMMUNITY LEGISLATURE BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW . A COUNCIL PRACTICE OF ADOPTING LEGISLATIVE MEASURES IN A PARTICULAR FIELD ON A DUAL LEGAL BASIS CANNOT DEROGATE FROM THE RULES LAID DOWN IN THE TREATY . SUCH A PRACTICE CANNOT THEREFORE CREATE A PRECEDENT BINDING ON THE COMMUNITY INSTITUTIONS WITH REGARD TO THE DETERMINATION OF THE CORRECT LEGAL BASIS .

3 . THE STATEMENT OF THE REASONS FOR A MEASURE, WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY AND IS INTENDED TO ENABLE THE COURT TO REVIEW ITS LEGALITY AND MAKE THE MEMBER STATES AND THE NATIONALS CONCERNED AWARE OF THE CONDITIONS UNDER WHICH THE COMMUNITY INSTITUTIONS HAVE APPLIED THE TREATY, IS AN ESSENTIAL PART OF THE MEASURE . CONSEQUENTLY, NEITHER THE SECRETARY-GENERAL OF THE COUNCIL NOR THE STAFF OF ITS GENERAL SECRETARIAT HAVE THE POWER TO ALTER THE STATEMENT OF THE REASONS FOR A MEASURE ADOPTED BY THE COUNCIL .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SHEEPMEAT AND GOATMEAT - VARIABLE SLAUGHTER PREMIUM - EQUIVALENT AMOUNT CHARGED ON EXPORTS TO ANOTHER MEMBER STATE ( CLAWBACK ) - AMOUNT CHARGED ON ANIMALS AND PRODUCTS NOT ELIGIBLE FOR THE PREMIUM - ILLEGALITY

( COUNCIL REGULATION NO 1837/80, ART . 9 ( 3 ), AS AMENDED BY COUNCIL REGULATION NO 871/84; COMMISSION REGULATIONS NOS 3451/85 AND 9/86 )

Summary

THE WORDING OF ARTICLE 9 ( 3 ) OF COUNCIL REGULATION NO 1837/80 ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT, AS AMENDED BY COUNCIL REGULATION NO 871/84, CANNOT BE INTERPRETED AS CONFERRING ON THE COMMISSION A DISCRETION ENABLING IT TO REQUIRE THAT, WHEN ANIMALS AND PRODUCTS FOR WHICH NO VARIABLE SLAUGHTER PREMIUM FOR SHEEP HAS BEEN PAID LEAVE REGION 5 ( GREAT BRITAIN ), AN AMOUNT DETERMINED ON THE BASIS OF THAT PREMIUM IS TO BE CHARGED ( CLAWBACK ). CONSEQUENTLY, COMMISSION REGULATIONS NOS 3451/85 AND 9/86 ARE INVALID IN SO FAR AS THEY REQUIRE THAT, UPON EXPORTATION TO ANOTHER MEMBER STATE, AN AMOUNT DETERMINED ON THE BASIS OF THE AFOREMENTIONED PREMIUM BE CHARGED ON ANIMALS AND PRODUCTS WHICH ARE NOT ELIGIBLE FOR THE GRANT OF THE PREMIUM .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - APPLICATION TO THE COURT - PURPOSE - AMENDMENT OF A DECISION IMPOSING A DISCIPLINARY MEASURE - NOT ADMISSIBLE

( STAFF REGULATIONS, ARTS 90 AND 91 )

2 . OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE BEFORE THE DISCIPLINARY BOARD - TIME-LIMITS LAID DOWN IN ARTICLE 7 OF ANNEX IX - NON-OBSERVANCE - TIME-LIMITS NOT MANDATORY

( STAFF REGULATIONS, ANNEX IX, ART . 7 )

3 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - JUSTIFICATION - LACK OF INTEGRITY AND HONESTY VIS-A-VIS THE ADMINISTRATION - DELIBERATE FAILURE TO COMPLY WITH JUDICIAL DECISIONS - AGGRAVATING CIRCUMSTANCE

Summary

1 . AS ONCE THE TRUTH OF THE ALLEGATIONS AGAINST THE OFFICIAL HAS BEEN ESTABLISHED IT IS FOR THE APPOINTING AUTHORITY TO CHOOSE THE APPROPRIATE PENALTY, AN APPLICATION BROUGHT BEFORE THE COURT BY THE OFFICIAL ON WHOM THE PENALTY HAS BEEN IMPOSED MUST BE DISMISSED AS INADMISSIBLE IN SO FAR AS IT SEEKS THE AMENDMENT OF THE DECISION IMPOSING THE PENALTY .

2 . THE TIME-LIMITS LAID DOWN IN ARTICLE 7 OF ANNEX IX TO THE STAFF REGULATIONS, AND IN PARTICULAR THE PERIOD WITHIN WHICH THE DISCIPLINARY BOARD MUST DELIVER ITS OPINION, ARE NOT MANDATORY BUT CONSTITUTE RULES OF SOUND ADMINISTRATION; FAILURE TO OBSERVE THOSE TIME-LIMITS MAY RENDER THE INSTITUTION LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED BUT CANNOT AFFECT THE VALIDITY OF THE DECISION IMPOSING A DISCIPLINARY MEASURE .

3 . ALTHOUGH FACTORS APPERTAINING TO AN OFFICIAL' S PRIVATE LIFE CANNOT AS A GENERAL RULE JUSTIFY THE IMPOSITION OF DISCIPLINARY MEASURES, A DELIBERATE FAILURE TO COMPLY WITH SEVERAL COURT DECISIONS MAY REFLECT ON HIS POSITION AS AN OFFICIAL AND MAY THEREFORE BE REGARDED AS A FACTOR AGGRAVATING OTHER CONDUCT COMPLAINED OF INCOMPATIBLE WITH THE INTEGRITY AND HONESTY WHICH EACH OFFICIAL IS REQUIRED TO SHOW VIS-A-VIS THE ADMINISTRATION .
Keywords

Summary



Keywords

++++

MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - MERE ADMINISTRATIVE PRACTICES INSUFFICIENT - REQUIREMENT OF LEGAL CERTAINTY

( EEC TREATY, ART . 189 ( 3 ) )

Summary

THE PROVISIONS OF A DIRECTIVE AMENDING AN EARLIER DIRECTIVE SHOULD ALSO BE TRANSPOSED BY BINDING PROVISIONS OF DOMESTIC LAW HAVING THE SAME FORCE AS THOSE TO BE AMENDED .

MERE ADMINISTRATIVE PRACTICES, WHICH MAY BE CHANGED AS THE ADMINISTRATION SEES FIT AND WHICH HAVE NOT RECEIVED APPROPRIATE PUBLICITY, CANNOT BE REGARDED AS CONSTITUTING VALID IMPLEMENTATION OF THE OBLIGATION IMPOSED ON MEMBER STATES TO WHICH A DIRECTIVE IS ADDRESSED UNDER ARTICLE 189 OF THE EEC TREATY .

AMBIGUOUS LEGISLATION WHICH LEAVES THOSE SUBJECT THERETO IN A STATE OF UNCERTAINTY AS TO THE EXTENT TO WHICH THEY MAY RELY ON COMMUNITY LAW DOES NOT FULFIL THE OBLIGATION TO TRANSPOSE A DIRECTIVE INTO NATIONAL LAW .
Keywords

Summary



Keywords

++++

1 . EEC Treaty - Scope ratione materiae - Assistance to students for maintenance and training - Inapplicability of the Treaty - Limits - Fees charged for education

( EEC Treaty, Arts 7 and 128 )

2 . Free movement of persons - Workers - Equal treatment - Social advantages - Concept - Assistance granted for maintenance and training with a view to the pursuit of university studies leading to a professional qualification - Included

( Regulation No 1612/68 of the Council, Art . 7 ( 2 ) )

3 . Free movement of persons - Worker - Concept - Person undertaking studies after engaging in occupational activity - Retention of status as worker - Conditions

( Regulation No 1612/68 of the Council, Art . 7 ( 2 ) )

4 . Free movement of persons - Workers - Equal treatment - Social advantages - Grant conditional upon period of occupational activity - Not permissible

( Regulation No 1612/68 of the Council, Art . 7 ( 2 ) )

Summary

1 . Whilst it is true that the conditions for access to vocational training, including university studies in general, fall within the scope of the Treaty for the purposes of Article 7 thereof, assistance given by a Member State to its nationals when they undertake such studies nevertheless falls outside the Treaty, at the present stage of development of Community law, except to the extent to which such assistance is intended to cover registration and other fees, in particular tuition fees, charged for access to education .

2 . A grant awarded for maintenance and training with a view to the pursuit of university studies leading to a professional qualification constitutes a social advantage within the meaning of Article 7 ( 2 ) of Regulation No 1612/68 .

3 . A national of another Member State who undertakes university studies in the host State leading to a professional qualification, after having engaged in occupational activity in that State, must be regarded as having retained his status as a worker and is entitled as such to the benefit of Article 7 ( 2 ) of Regulation No 1612/68, provided that there is a link between the previous occupational activity and the studies in question .

4 . The host Member State cannot make the right to social advantages provided for in Article 7 ( 2 ) of Regulation No 1612/68 conditional upon a minimum period of prior occupational activity within the territory of that State .
Keywords

Summary



Keywords

++++

Officials - Sick leave - Medical examination - No prescribed procedure - Recourse to a procedure for consultation of an Invalidity Committee - Permissibility - Decision requiring official to resume work - Irregularities in the proceedings of the Invalidity Committee - No effect

( Staff Regulations of Officials, Arts 59 and 78 )

Summary

Article 59 of the Staff Regulations, under which an official who is unable to perform his duties as a result of sickness or accident may be required to undergo a medical examination organized by the institution by which he is employed, does not lay down a specific procedure for that purpose .

If the institution institutes a procedure for consultation of the Invalidity Committee provided for in Article 78 of the Staff Regulations, thus according to the official better safeguards than those provided for in Article 59, the official may not call in question the decision requiring him to resume work in reliance on irregularities in the proceedings of the Invalidity Committee .
Keywords

Summary



Keywords

++++

Member States - Obligations - Implementation of directives - Failure - Justification - None admissible

( EEC Treaty, Art . 169 )

Summary

A Member State may not plead provisions, practices or circumstances prevailing in its own legal system in order to justify a failure to comply with obligations and time-limits laid down by directives .
Keywords

Summary



Keywords

++++

1 . Non-contractual liability - Conditions - Unlawful conduct - Damage - Causal link

( EEC Treaty, Art . 215, second paragraph )

2 . Agriculture - Common organization of the markets - Wine - Conformity of products with Community provisions - Member States' duty to supervise - Protection of consumers' health - Intervention by the Community - Conditions

( Council Regulations No 357/79, Art . 64, and No 359/79, Art . 3; Council Decision 84/133 )

Summary

1 . In order for the Community to become liable under the second paragraph of Article 215 of the Treaty a series of conditions must be satisfied as regards the unlawfulness of the acts alleged against the institution, the fact of damage and the existence of a causal link between the wrongful act or conduct and the damage complained of .

2 . The Community institutions are required to intervene to ensure observance of the Community provisions in the wine sector only if there is evidence that the national bodies are not satisfactorily fulfilling the task of supervision they have in this sector under Article 64 of Regulation No 337/79, Article 3 of Regulation No 359/79 and Decision 84/133 introducing a system for the rapid exchange of information on dangers arising from the use of consumer products .
Keywords

Summary



Keywords

++++

1 . Officials - Recruitment - Appointment in grade and classification in step - Taking into account of previous experience - Rules laid down by the Commission - Appointment to the higher grade in the career bracket - Discretion of the administration

( Staff Regulations, Arts 31 and 32, second paragraph )

2 . Officials - Remuneration - Reclassification undertaken in compliance with a judgment of the Court - Salary arrears - Entitlement to default interest - None unless the sum owed is certain or ascertainable

Summary

1 . For the purposes of classification in grade and step upon recruitment, the appointing authority has a wide discretion, within the limits laid down by Article 31 and the second paragraph of Article 32 of the Staff Regulations or by the internal decisions implementing those articles, in assessing the previous experience of a person recruited as an official, both as regards the nature and length of that experience and as regards the extent to which it meets the requirements of the post to be filled .

Although under Article 3 of Commission Decision 61/IX/81 on the criteria applicable to grade and step classification upon recruitment a newly recruited official may, in certain circumstances, be appointed to the upper grade in the starting or intermediate career bracket, that provision must be construed as an exception to the general rules of classification which in any event lies within the discretionary power of the administration .

2 . An obligation to pay default interest can arise only on condition that the amount of the principal sum owed is certain or can at least be ascertained on the basis of established objective factors . Where, in compliance with a judgment of the Court, the administration reclassifies a newly recruited official, the amount of the sum owed is not certain before the reclassification decision and therefore the salary arrears resulting from the new classification do not have to bear default interest .

Whether an obligation to pay default interest should be recognized where there is an unjustified delay in actually determining the amount of the remuneration owed is another matter .
Keywords

Summary



Keywords

++++

TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION ON CARS - TAXATION ACCORDING TO THE POWER-RATING FOR TAX PURPOSES - DETERMINATION OF THE POWER-RATING FOR TAX PURPOSES AND PROGRESSIVE SYSTEM UNFAVOURABLE TO IMPORTED VEHICLES - PROHIBITION - DISCRIMINATORY OR PROTECTIVE EFFECT

( EEC TREATY, ART . 95 )

Summary

A SYSTEM OF ROAD TAX IN WHICH ONE TAX BAND COMPRISES MORE POWER-RATINGS FOR TAX PURPOSES THAN THE OTHERS, WITH THE RESULT THAT THE NORMAL PROGRESSION OF THE TAX IS RESTRICTED IN SUCH A WAY AS TO AFFORD AN ADVANTAGE TO TOP-OF-THE-RANGE CARS OF DOMESTIC MANUFACTURE, AND IN WHICH THE POWER-RATING

FOR TAX PURPOSES IS CALCULATED IN A MANNER WHICH PLACES VEHICLES IMPORTED FROM OTHER MEMBER STATES AT A DISADVANTAGE HAS A DISCRIMINATORY OR PROTECTIVE EFFECT WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY .
Keywords

Summary



Keywords

++++

1 . Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Existence of a contract of employment at the time of the transfer - Assessment based on national law - Limits - Dismissal in breach of the directive

( Council Directive 77/187, Art . 4 ( 1 ) )

2 . Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Lease/operation - Termination - Dismissal of staff - Sale of the undertaking' s premises, plant and machinery - Resumption of operation by the purchaser - Engagement of over half of the staff dismissed - Inclusion - Conditions

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

Summary

1 . Although it is true that, unless otherwise expressly provided, Directive 77/187 relating to the safeguarding of employees' rights in the event of transfers of undertakings may be relied upon solely by workers whose contract of employment or employment relationship is in existence at the time of the transfer, and that the existence or otherwise of such a contract or relationship must be assessed on the basis of national law, it is still necessary to comply with the mandatory provisions of the directive concerning the protection of employees from dismissal as a result of the transfer .

Accordingly, the employees whose contract of employment or employment relationship was terminated with effect from a date prior to that of the transfer, contrary to Article 4 ( 1 ) of the directive, must be regarded as still in the employ of the undertaking on the date of the transfer, with the result, in particular, that the employer' s obligations towards them are automatically transferred from the transferor to the transferee . In order to ascertain whether the employees were dismissed solely as a result of the transfer, it is necessary to take into consideration the objective circumstances in which the dismissal took place such as, in particular, the fact that it took effect on a date close to that of the transfer and that the employees in question were taken on again by the transferee .

2 . Article 1 ( 1 ) of Directive 77/187 is to be interpreted as meaning that the directive applies where, after giving notice bringing the lease to an end or upon termination thereof, the owner of an undertaking retakes possession of it and thereafter sells it to a third party who shortly afterwards brings it back into operation, which had ceased upon termination of the lease, with just over half of the staff that was employed in the undertaking by the former lessee, provided that the undertaking in question retains its identity .