ddrg/super_eurlex huggingface dataset:
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Carriage - Carriage by road - Combined road/rail carriage - Directive 75/130 - Single carriage operation - Exclusion of the final road phase of the carriage from the Community liberalization measures - Not permissible

(Directive 75/130, as amended by Directive 79/5, Art. 1(1) and (2))

Summary

Combined road/rail carriage, as envisaged by Directive 75/130, should be considered a single operation from the point of departure to the point of arrival. Consequently, in the case of non-accompanied carriage, that is to say when the rail journey is made without the tractor unit, the final journey stage by road between the rail station nearest to the point of unloading of the goods and that point cannot, even if it occurs within a single Member State, be regarded as purely national carriage and as falling outside the scope of the liberalization measures provided for by the Directive.
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Common Customs Tariff - Tariff headings - Apricot purée made by pressing fruit pulp and boiling it briefly so as to concentrate it - Heading No 20.05 - Excluded - Classified under heading No 20.06

Summary

The Common Customs Tariff must be interpreted as meaning that apricot purée obtained by pressing fruit pulp through a sieve and bringing the purée thus obtained to boiling point in a vacuum concentrator for no more than 30 seconds is not to be regarded as fruit purée, being a cooked preparation, falling under heading No 20.05. The concept of cooking is to be confined to an application of heat which brings about a change in the taste and chemical properties of the product. No such change has occurred in the case of the product at issue; the only effect of boiling was to reduce the water content of the purée. Cooking implies a change in the state of the product, and there is no change in this instance, as the product already existed as purée. Where, because of its characteristics, a product of that nature does not fall under an earlier named heading in the Common Customs Tariff, it falls under the residual heading intended to cover fruit preparations, namely heading No 20.06 "Fruit otherwise prepared or preserved".
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1. Social security for migrant workers - Community rules - Scope ratione materiae - Allowance for physical disablement affecting mobility - Treated as an invalidity benefit where paid to a person who has been subject as an employed person to the legislation of the State granting it

(Council Regulation No 1408/71, Art. 4(1)(b) )

2. Social security for migrant workers - Benefits - Residence requirements - Waiver - Withdrawal of entitlement to invalidity benefit owing to residence of the beneficiary in another Member State - Not permissible

(Council Regulation No 1408/71, Arts 4(1)(b) and 10(1) )

Summary

1. In the case of persons who are or have been subject as employed or self-employed persons to the legislation of a Member State, an allowance provided for under the legislation of that Member State which is granted on the basis of objective criteria to persons suffering from physical disablement affecting their mobility and to the grant of which the persons concerned have a legally protected right must be treated as an invalidity benefit within the meaning of Article 4(1)(b) of Regulation No 1408/71.

2. Where an allowance for handicapped persons constitutes an invalidity benefit within the meaning of Article 4(1)(b) of Regulation No 1408/71, Article 10 of that regulation precludes the withdrawal of that benefit on the sole ground that the recipient resides in the territory of a Member State other than that in which the institution responsible for payment is situated.
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Agriculture - Common organization of the markets - National measures - Restrictions on exports - Incompatible with rules of Community law

Summary

The common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated solely by the instruments provided for in those organizations. In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action through unilateral measures affecting the machinery of price-formation established under that organization. It follows that any intervention by a Member State designed to impose restrictions, for the benefit of one single body, on exports effected by other traders is incompatible with the principle of the common organization of the markets.
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1. State aid - Concept - Financial assistance granted by a Member State to an undertaking - Criterion for assessment - Reasonable nature of the operation for a private investor - Financial contribution intended for productive investment - Irrelevance

(EEC Treaty, Art. 92(1) )

2. State aid - Plan to grant aid - Consideration by the Commission - Factors to be considered - Prior decision - New facts

(EEC Treaty, Art. 93(2) )

Summary

1. To determine whether a contribution by the public authorities to the capital of an undertaking, in whatever form, constitutes State aid within the meaning of Article 92 of the Treaty, it must be considered whether, in similar circumstances, a private investor operating on a scale comparable to that of the bodies administering the public sector might have been induced to provide contributions of capital to a like extent. Capital placed at the disposal of an undertaking by the State in circumstances which correspond to normal market conditions cannot be regarded as State aid.

The fact that a financial contribution is intended for productive investment does not by itself preclude such a contribution from constituting aid when, regard being had to the situation of the undertaking, it appears improbable that a private shareholder would have subscribed the capital in question.

2. When the Commission considers the compatibility of a State aid with Community rules, in accordance with the procedure laid down in Article 93(2) of the Treaty, it must take all the relevant factors into account, including, where relevant, the circumstances already considered in a prior decision and the obligations which that decision may have imposed on a Member State; this procedure enables it to appraise in addition any new factor capable of altering its assessment, regard being had to the purpose of any new aid and all relevant economic circumstances at the time the aid is granted.
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1. Actions against Member States for failure to fulfil obligations - Pre-litigation procedure - Reasoned Opinion - Contents

(EEC Treaty, Art. 169)

2. Approximation of legislation - Procedures for concluding public supply contracts - Directive 77/62/EEC - Scope as defined by Article 2(2)(a) of the original version - Bodies which administer transport services - Excluded

(Council Directive 77/62, Art. 2(2) )

Summary

1. The reasoned opinion issued by the Commission in the pre-litigation procedure must contain a coherent and detailed statement of the reasons which persuaded the Commission that the State concerned had failed to fulfil one of its obligations under the Treaty, but could not be required to indicate what steps should be taken to eliminate the impugned conduct.

2. In excluding public supply contracts awarded by bodies which administer transport services from the scope of Directive 77/62 coordinating procedures for the award of public supply contracts, Article 2(2)(a) of the original version of the Directive referred to the transport services sector in general.
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Free movement of goods ° Derogations ° Protection of public health ° National rules subjecting the use of food additives to authorization ° Whether permissible ° Conditions

(EEC Treaty, Arts 30 and 36)

Summary

National rules which, for the protection of public health, make the use of a food additive subject to authorization and apply equally to foodstuffs containing that additive imported from other Member States where they are lawfully manufactured and marketed are in conformity with Community law provided two conditions are satisfied. First, the rules must make provision for a procedure allowing traders to obtain inclusion of the additive in question on the national list of permitted additives, the procedure must be easily accessible and of reasonable duration, and, if it leads to a rejection, that rejection must be open to challenge before the courts. Secondly, an application for inclusion of an additive on the said list may be rejected by the competent administrative authorities only if it does not meet any genuine need, in particular a technological need, or presents a danger to public health.

Accordingly, a Member State which prohibits, except with authorization, the importation of a given foodstuff from other Member States on the ground that it contains a specific additive, may be regarded as having failed to fulfil its obligations under Articles 30 and 36 of the Treaty only if it has failed to set up a procedure complying with those requirements or its authorities have rejected for no good reason an application from one or several traders for inclusion of the substance concerned on the list of permitted additives.
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Acts of the institutions ° Directives ° Implementation by the Member States ° Inadequacy of a practice consistent with the objectives of the Directive ° Necessity for clear and precise transposition

(EEC Treaty, Art. 189, third para.)

Summary

In the case of the implementation of a directive into the internal legal order of a Member State, the existence of a practice consistent with the objectives of protection referred to by the directive cannot relieve a Member State of the obligation to transpose that directive by provisions appropriate for the purpose of creating a situation which is sufficiently precise, clear and transparent in order to enable individuals to know their rights and their obligations. In order to ensure the full application of directives, not only in fact but also in law, the Member States must provide for a precise statutory framework in the sector in question. Thus, a provision of a directive which requires national authorities to act in a specified manner cannot be regarded as properly transposed where the Member State in question has not adopted any specific measures for implementing the provision and has confined itself to affirming that that conduct resulted generally from the application of the rules of good management which its administrative authorities are required to observe.
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1. Member States - Obligations - Implementation of directives - Failure to implement - Justification - None

(EEC Treaty, Art. 169)

2. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Inadequacy of mere administrative practices

(EEC Treaty, third paragraph of Art. 189)

Operative part

1. (a) Declares that, by reserving the exercise of the activities of qualified pharmacists and of pharmacists attached to hospital pharmacies or medical depositories to persons holding a diploma in hospital pharmacy awarded by a university recognized by the State, the Kingdom of Belgium has failed to fulfil its obligations under Article 1 of Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy and under the EEC Treaty;

(b) Declares that, by failing to adopt within the prescribed period the provisions necessary to implement Council Directive 85/433/EEC of 16 September 1985 and Council Directive 85/584/EEC of 20 December 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

2. Orders the Kingdom of Belgium to pay the costs.
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Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Workers - Principle of non-discrimination - Regulated occupations - Auxiliary occupations in the field of health care - Recognition of the equivalence of foreign diplomas reserved to nationals if no reciprocity - Not permissible

(EEC Treaty, Arts 48, 52 and 59)

Summary

The general principle prohibiting discrimination on grounds of nationality, which is laid down by Articles 48, 52 and 59 of the Treaty in the particular spheres which they govern, means that freedom of movement for workers, freedom of establishment and freedom to supply services include access to activities of employed or self-employed persons on conditions defined by the legislation of the host Member State for its own nationals.

A Member State which, as regards the recognition of the equivalence of diplomas obtained abroad with national diplomas giving access to certain auxiliary occupations in the field of health care, discriminates between its nationals and the nationals of the other Member States, with recognition for the latter being subject to the existence of a reciprocity agreement which is not required in the case of the former, fails to fulfil its obligations under the abovementioned provisions.
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1. Community law - Interpretation - Methods

2. Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Choice of formula B - Individual reference quantity of a producer changing purchaser - Partial allocation to the national reserve - Infringement of the principle of freedom to pursue a trade or profession - Not permissible

(Council Regulation No 857/84, Article 7(2) and (3), as amended by Regulation No 590/85)

Summary

1. When it is necessary to interpret a provision of secondary Community law, preference should as far as possible be given to the interpretation which renders the provision consistent with the provisions of the Treaty and the general principles of Community law.

2. The provisions of Article 7(2) and (3) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk, as amended by Regulation No 590/85, must be interpreted as meaning that they do not allow Member States, under formula B, to add to the national reserve a part of the individual reference quantity of a producer who, of his own volition, changes the dairy which he supplies. The reduction in their reference quantities to which producers would lay themselves open if such a right were conferred on Member States would be such as to discourage producers from changing purchaser in order to supply the dairy offering them the most favourable conditions and would, for that very reason, be incompatible with the principle of freedom to pursue a trade or profession, which includes freedom to choose whom to do business with.
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Tax provisions - Harmonization of legislation - Exemption from turnover tax and excise duty - Goods contained in travellers' personal luggage - Exclusion from the concept of personal luggage of portable containers containing motor fuel - Scope - Distinction between fuel in general and motor fuel

(Council Directive 69/169, as amended by Directive 78/1033, Art. 3(3) )

Summary

The restriction laid down in the second subparagraph of Article 3(3) of Directive 69/169 on exemption from turnover tax and excise duty on imports in international travel, as amended by Directive 78/1033, which excludes from the concept of personal luggage portable containers containing motor fuel, whilst allowing the duty-free importation of a quantity not exceeding 10 litres, must be interpreted as referring to motor fuel, that is fuel for internal combustion engines, and not to fuels in general. Accordingly, a Member State which limits to 10 litres the quantity of fuel which travellers may import free of duty in portable containers in a motor vehicle, even when that fuel is of a type other than motor fuel, is in breach of its obligations under the Treaty.
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1. Officials - Social security - Insurance against accidents and occupational disease - Invalidity - Different schemes - Single concept of occupational disease

(Staff Regulations, Arts 73 and 78; Rules on Insurance against the Risk of Accident and of Occupational Disease, Art. 3(2) )

2. Officials - Social security - Invalidity pension - Declaration of invalidity and its occupational origin - Competence of the Medical Committee - Judicial review - Limits

(Staff Regulations, Art. 78; Annex II, Arts 7 to 9; Annex VIII, Art. 13)

Summary

1. The term "occupational disease" cannot have a different meaning depending on whether it is a question of applying Article 73 or Article 78 of the Staff Regulations, even though each of these provisions concerns a set of arrangements which has its own characteristics.

Therefore, for the purposes of applying the second paragraph of Article 78 of the Staff Regulations, the official concerned must establish, in accordance with the definition of occupational disease given in Article 3(2) of the Rules on Insurance against the Risk of Accident and of Occupational Disease, adopted in implementation of Article 73, that a causal link exists between the disease in question or its aggravation and the performance of his duties with the Communities.

2. In the procedure conducted pursuant to Article 78 of the Staff Regulations, the declaring of an official' s invalidity is, in accordance with Article 13 of Annex VIII, a matter for the Invalidity Committee referred to in Articles 7 to 9 of Annex II.

Those provisions are intended to confer upon medical experts the task of making definitive appraisals of all medical questions, in particular the question of the occupational origin of a disease. Accordingly, neither the appointing authority nor the Community court may substitute its own opinion for the conclusions of the Invalidity Committee, which must be held to be definitive provided that they were properly made.
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1. Officials - Remuneration - Family allowances - Education allowance - Conditions for granting

(Staff Regulations of Officials, Annex VII, Art. 3)

2. Officials - Remuneration - Family allowances - Dependent child allowance - Education allowance - Different conditions

(Staff Regulations of Officials, Annex VII, Arts 2 and 3)

Summary

1. In view of the fact that the education allowance is a monthly one, the question whether the conditions for granting it have been met is one to be considered month by month. It follows that entitlement to the education allowance ends once the child in respect of whom the allowance is paid ceases, even in the course of the academic year, to attend an educational establishment regularly and full time within the meaning of the first paragraph of Article 3 of Annex VII to the Staff Regulations.

In that context, training completed outside an educational establishment with the consent or support of the latter may be assimilated to regular full-time attendance at the establishment only if the training is regarded as an integral part of the programme of studies conducted by the establishment.

2. The criteria governing allocation of the dependent child allowance and allocation of the education allowance are not the same, so that entitlement to the first does not automatically give entitlement to the second.
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Action for failure by a Member State to fulfil its obligations - Judgment of the Court declaring that a Member State has failed to fulfil its obligations - Period for compliance

(EEC Treaty, Art. 171)

Summary

The immediate and uniform application of Community law requires that the process of compliance with a judgment declaring that a Member State has failed to fulfil its obligations must be initiated immediately and must be completed as soon as possible.
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Approximation of laws - Misleading advertising - Directive 84/450/EEC - Advertising describing motor vehicles already registered as new, less expensive and guaranteed by the manufacturer - Permissibility

- Conditions

(Council Directive 84/450, Art. 2(2) )

Summary

Directive 84/450/EEC relating to misleading advertising does not preclude motor vehicles from being advertised as new, less expensive and guaranteed by the manufacturer when the vehicles concerned have been registered solely for the purpose of importation, have never been on the road and are sold in a Member State at a price lower than that charged by dealers established in that Member State because they are equipped with fewer accessories.
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Customs union - Customs declarations - Persons permitted to make them - National rules reserving to official agents the right to make declarations in their own name and on behalf of another person and prohibiting other undertakings from making them in the name and on behalf of another as a regular part of their business activity - Not permissible

(Council Regulation No 3632/85, Art. 3(3))

Summary

A Member State which reserves for official customs agents the right to make customs declarations in their own name and on behalf of another person and prohibits undertakings other than those agents, in particular forwarding and shipping undertakings, from making such declarations in the name and on behalf of another person as a regular part of their business activity has failed to fulfil its obligations under Regulation No 3632/85 defining the conditions under which a person may be permitted to make a customs declaration.

Although Article 3(3) of the regulation permits one of the two types of representation mentioned to be reserved for a professional category, it requires that the activity which is not reserved should in fact be capable of being freely pursued so that importers of goods should not be obliged, for the purpose of making their customs declarations, to resort exclusively to official agents, but should be able to exercise some freedom of choice between different categories of competing operators.