ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

Freedom of movement for persons — Workers — Restrictions — Prohibition on workers domiciled in national territory using rental vehicles leased from an undertaking established in another Member State and made available by the employer who is also established in the other Member State — Not permissible — (Art. 39 EC)

Summary

Article 39 EC precludes national rules of a Member State which provide that motor vehicles are permitted to be driven on its territory only if they have first been entered in the register of motor vehicles in the name of their owner, which if the applicant is a legal person, must have its registered office and a value added tax number in that Member State, and therefore prohibit a worker who is domiciled in that Member State from using on its territory a vehicle registered in another neighbouring Member State, belonging to a leasing company established in that second Member State, and made available to the worker by his employer who is also established in the second Member State.

In such a case the worker cannot register the vehicle in the first Member State because he is not the owner; and the owner, the leasing company, cannot register it either because it is not established in that Member State and does not have a VAT number there as is required for registration of the vehicle. It follows that it is impossible for a worker domiciled in that Member State, who uses the vehicle for work and to go home at the weekend, to benefit from the provision of a vehicle belonging to a person established in another Member State. In the same way, such rules could discourage an employer based in one Member State from engaging a worker residing in another Member State because of the higher costs and administrative difficulties involved.

Such a measure, which has the effect of preventing a worker from benefiting from certain advantages, in particular, the provision of a vehicle, may therefore deter him from leaving his country of origin in order to exercise his right to free movement.

see paras 18-21, 26 operative part
Keywords

Summary



Keywords

Competition – Community rules – Undertaking – Concept – Group of sickness funds determining maximum amounts paid in respect of medicinal products – Not included – Conditions

(Art. 81 EC)

Summary

The concept of an undertaking in Community competition law does not cover bodies entrusted with the management of statutory health insurance and old-age insurance schemes which pursue an exclusively social objective and do not engage in economic activity. That is so in the case of sickness funds which, even if the legislature has granted them some latitude in setting the contribution rate, in order to promote sound management, are compelled by law to offer to their members essentially identical obligatory benefits which do not depend on the amount of the contributions. Since the sickness funds therefore have no possibility of influence over those benefits, and are joined together in a type of community founded on the basis of solidarity which enables an equalisation of costs and risks between them, they are not in competition with one another or with private institutions as regards grant of the obligatory statutory benefits in respect of treatment or medicinal products which constitute their main function.

When groups of those sickness funds determine, pursuant to an obligation imposed upon them by the legislature, fixed maximum amounts corresponding to the upper limit of the price of medicinal products whose cost is borne by sickness funds, they do not act as undertakings or associations of undertakings within the meaning of Article 81 EC, inasmuch as they do not pursue a specific interest separable from the exclusively social objective of the funds, but perform an obligation which is integrally connected with the activity of the funds within the framework of the statutory health insurance scheme.

(see paras 47, 52-54, 56-57, 63-65, operative part)
Keywords

Summary



Keywords

Customs union — Customs debt on import incurred following removal from customs supervision of goods liable to import duty — Meaning of removal — Transfer to the customs office at the point of exit of non-Community goods subject to the customs warehousing procedure and intended for re-export without being placed under the external transit procedure — Included — (Council Regulation No 2913/92, Art. 203(1))

Summary

Article 203(1) of Regulation No 2913/92 establishing the Community Customs Code is to be interpreted as meaning that there is removal from customs supervision for the purposes of that provision when, before the entry into force of Regulation No 993/2001 amending Regulation No 2454/93 laying down provisions for the implementation of Regulation No 2913/92 establishing the Community Customs Code, non-Community goods which were subject to the customs warehousing procedure and intended for re-export from the customs territory of the Community have been removed and transported from the customs warehouse to the customs office at the point of exit without having been placed under the external transit procedure and the customs authorities have been unable, if only for a short time, to ensure customs supervision of those goods.

see para. 36, operative part
Keywords

Summary



Keywords

1. State aid – Concept – Differentiation between undertakings in relation to charges – Excluded – Condition – Differentiation inherent in the system of levies in question – Burden of proof on the Member State concerned

(Art. 87(1) EC)

2. State aid – Concept – Exemption granted under a system involving the payment of levies but not intended to generate tax revenue – No bearing on classification as aid

(Art. 87(1) EC)

3. Acts of the institutions – Statement of reasons – Obligation – Scope

(Art. 253 EC)

Summary

1. Since the concept of State aid does not cover measures which differentiate between undertakings in relation to charges where that differentiation is the result of the nature and general scheme of the system of levies in question, it is for the Member State which has introduced such a differentiation to show that that is actually the case.

(see paras 42-43)

2. The fact that a State measure providing for the payment of levies by a category of undertakings is not intended to generate tax revenue does not suffice to exclude outright its attendant exemption in favour of certain undertakings from classification as aid within the meaning of Article 87 EC. Article 87(1) EC does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects.

(see para. 51)

3. The obligation to state reasons constitutes an essential procedural requirement which must be distinguished from the question of the merits of those reasons, which concern the substantive legality of the contested measure. The statement of reasons required by Article 253 EC must be adapted to the nature of the measure in question and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in such a way as to make the persons concerned aware of the reasons for the measure and the Court to exercise its supervisory jurisdiction.

(see para. 65)
JUDGMENT OF THE COURT (Fifth Chamber)

16 January 2003

((Common organisation of the markets in the flax and hemp sector – Articles 28 EC and 30 EC – National legislation prohibiting all cultivation and possession of hemp without prior authorisation))

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 8 October 2002,
Case C-229/01





Proceedings

against

Susanne Müller





(Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich)

«(Directive 2000/13/EC – Labelling and presentation of foodstuffs – Date of minimum durability – Article 18)»

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

Judgment of the Court (Fifth Chamber), 13 March 2003 I - 0000

Summary of the Judgment
Joined Cases C-187/01 and C-385/01





Criminal proceedings

against

Hüseyin Gözütok and Klaus Brügge





(Reference for a preliminary ruling from the Oberlandesgericht Köln and the Rechtbank van eerste aanleg te Veurne)

«(Convention implementing the Schengen Agreement – Ne bis in idem principle – Scope – Decisions by which the Public Prosecutor definitively discontinues criminal proceedings, without the involvement of a court, once the accused has satisfied certain conditions)»

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

Judgment of the Court, 11 February 2003 I - 0000

Summary of the Judgment

1.. European Union – Police and judicial cooperation in criminal matters – Protocol integrating the Schengen acquis – Convention implementing the Schengen Agreement – Ne bis in idem principle – Scope – Decision of the Public Prosecutor definitively discontinuing criminal proceedings against an accused provided the accused fulfils certain obligations – Whether included

(Convention implementing the Schengen Agreement, Arts 54, 55 and 58)

2.. European Union – Police and judicial cooperation in criminal matters – Protocol integrating the Schengen acquis – Convention implementing the Schengen Agreement – Ne bis in idem principle – Application as regards a decision of the Public Prosecutor definitively discontinuing criminal proceedings against an accused provided the accused fulfils certain obligations – Scope limited to acts of public authorities, not affecting the victim's civil rights of action

(Convention implementing the Schengen Agreement, Art. 54)

1.

2.
Case C-171/01





Wählergruppe



Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG and Others





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

«(EEC-Turkey Association – Freedom of movement for workers – Article 10(1) of Decision No 1/80 of the Association Council – Prohibition of discrimination as regards conditions of work – Direct effect – Scope – Legislation of a Member State excluding Turkish workers from eligibility for election to a chamber of workers)»

Opinion of Advocate General Jacobs delivered on 12 December 2002 I - 0000

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

Summary of the Judgment

1.. International agreements – Agreements concluded by the Community – Direct effect – Conditions – Article 10(1) of Decision No 1/80 of the Council of Association, set up under the EEC-Turkey Association Agreement – Principle of non-discrimination as regards conditions of work

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1))

2.. International agreements – EEC-Turkey Association Agreement – Freedom of movement for persons – Workers – Equal treatment – Exercise of trade-union rights – National legislation excluding Turkish workers from eligibility for election to their chamber of workers – Not permissible – Application of the principles laid down in Article 48 of the Treaty (now, after amendment, Article 39 EC)

(EC Treaty, Art. 48(2) (now, after amendment, Art. 39(2) EC); Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1))

1.

2.
Case C-65/01





Commission of the European Communities

v

Italian Republic





«(Failure of a Member State to fulfil obligations – Directive 89/655/EEC – Incomplete transposition)»

Opinion of Advocate General Mischo delivered on 26 September 2002 I - 0000

Judgment of the Court (Sixth Chamber), 10 April 2003 I - 0000

Summary of the Judgment
Case C-97/01





Commission of the European Communities

v

Grand Duchy of Luxembourg





«(Failure of a Member State to fulfil obligations – Telecommunications – Rights of way – Failure to transpose Directive 90/388/EEC effectively)»

Opinion of Advocate General Geelhoed delivered on 4 July 2002 I - 0000

Judgment of the Court (Sixth Chamber), 12 June 2003 I - 0000

Summary of the Judgment
Case C-393/01





French Republic

v

Commission of the European Communities





«(Agriculture – Animal health – Emergency measures to combat bovine spongiform encephalopathy – Mad cow disease – Decision to lift the ban on bovine products originating in Portugal)»

Opinion of Advocate General Mischo delivered on 30 January 2003 I - 0000

Judgment of the Court (Fifth Chamber), 22 May 2003 I - 0000

Summary of the Judgment
Case C-87/01 P





Commission of the European Communities

v

Council of European Municipalities and Regions (CEMR)





«(Appeal – Commission decision effecting set-off between two claims governed by separate legal orders – Set-off in disregard of the rules of national law governing one of the claims concerned – Illegality)»

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

Judgment of the Court, 10 July 2003 I - 0000

Summary of the Judgment

1.. Commission – Powers – Implementation of the Community budget – Decision to effect set-off between a debt owed to the Commission and sums payable by way of Community contributions – Preliminary obligation of the Commission to ascertain that the Community funds will be used for the purposes prescribed and that the activities which justified the granting of the funds will be completed in spite of the proposed set-off – None

2.. Community law – General principles of law – Set-off – Out-of-court set-off between claims governed by separate legal orders – Obligation to satisfy the requirements of both legal orders concerned – Decision to effect set-off between a debt owed to the Commission and sums payable by way of Community contributions – Failure to satisfy the requirements of the legal order governing one of the claims concerned – Illegality

1.

2.
Case C-249/01





Werner Hackermüller

v

Bundesimmobiliengesellschaft mbH (BIG)

and

Wiener Entwicklungsgesellschaft mbH für den Donauraum AG (WED)







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

«(Public procurement – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Article 1(3) – Persons to whom review procedures must be available)»

Opinion of Advocate General Mischo delivered on 25 February 2003 I - 0000

Judgment of the Court (Sixth Chamber), 19 June 2003 I - 0000

Summary of the Judgment

1.. Approximation of laws – Review procedures relating to the award of public supply and public works contracts – Directive 89/665 – Member States under an obligation to provide for review procedures – Access to review procedures limited to persons who have been or risk being harmed by the alleged infringements – Whether permissible

(Council Directive 89/665, Art. 1(3))

2.. Approximation of laws – Review procedures relating to the award of public supply and public works contracts – Directive 89/665 – Member States under an obligation to provide for review procedures – Tenderer whose bid should have been eliminated before the selection – Access to review procedures refused because the tenderer neither has been nor risks being harmed – Not permissible

(Council Directive 89/665, Art. 1(3))

1.

2.
JUDGMENT OF THE COURT (First Chamber)

25 September 2003

((Failure of a Member State to fulfil its obligations – Directives 92/12/EEC and 92/81/EEC – Tax on lubricating oils – Excise duty on mineral oils))

applicant,

v

defendant,

THE COURT (First Chamber),,

having regard to the report of the Judge-Rapporteur,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
Case C-114/01





Proceedings against

AvestaPolarit Chrome Oy, formerly Outokumpu Chrome Oy





(Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland))

«(Approximation of laws – Directives 75/442/EEC and 91/156/EEC – Meaning of waste – Production residue – Mine – Use – Storage – Article 2(1)(b) – Meaning of other legislation – National legislation outside the framework of Directives 75/442/EEC and 91/156/EEC)»

Opinion of Advocate General Jacobs delivered on 10 April 2003

Judgment of the Court (Sixth Chamber), 11 September 2003

Summary of the Judgment

1.. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Definition – Substance which has been discarded – Exception – Actual use of that substance for the principal activity

(Council Directive 75/442, as amended by Directive 91/156)

2.. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Other legislation within the meaning of Article 2(1)(b) – National legislation not constituting a measure of application of the directive – Included – Conditions

(Council Directive 75/442, as amended by Directive 91/156, Arts 1(d), 2(1)(b) and 11)

1.

2.
Joined Cases C-317/01 and C-369/01





Eran Abatay and Others and Nadi Sahin

v

Bundesanstalt für Arbeit





(References for a preliminary ruling from the Bundessozialgericht)

«(EEC-Turkey Association – Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council – Abolition of restrictions on freedom of movement for workers, on freedom of establishment and on freedom to provide services – Standstill clauses – Direct effect – Scope – Legislation of a Member State requiring a work permit in the international road haulage sector)»

Opinion of Advocate General Mischo delivered on 13 May 2003 I - 0000

Judgment of the Court, 21 October 2003 I - 0000

Summary of the Judgment

1.. International agreements – EEC-Turkey Association Agreement – Freedom of movement for persons – Freedom of establishment – Workers – Standstill rules in Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council – Direct effect

(Additional Protocol to the EEC-Turkey Association Agreement, Art. 41(1); Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

2.. International agreements – EEC-Turkey Association Agreement – Freedom of movement for persons – Workers – Standstill rule in Article 13 of Decision No 1/80 of the Association Council – Condition for application – Legal residence in the host Member State

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

3.. International agreements – EEC-Turkey Association Agreement – Freedom of movement for persons – Freedom of establishment – Workers – Standstill rules in Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council – Scope

(Additional Protocol to the EEC-Turkey Association Agreement, Art. 41(1); Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

1.

2.

3.

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─

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Case C-147/01





Weber's Wine World Handels-GmbH and Others

v

Abgabenberufungskommission Wien





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

«(Indirect taxation – Duty on sales of alcoholic beverages – Incompatibility with Community law – Recovery of duty)»

Opinion of Advocate General Jacobs delivered on 20 March 2003 I - 0000

Judgment of the Court (Fifth Chamber), 2 October 2003 I - 0000

Summary of the Judgment

1.. Community law – Direct effect – National charges incompatible with Community law – Repayment – Introduction of a more restrictive procedural rule in anticipation of the potential effects of a judgment of the Court – Not permissible – Criterion – Measure specific to the duty which is the subject of the Court's judgment – To be assessed by the national court

(EC Treaty, Art. 5 (now Art. 10 EC))

2.. Community law – Direct effect – National charges incompatible with Community law – Repayment – Refusal on the sole ground that the charge was passed on and independently of the degree of unjust enrichment – Not permissible

3.. Community law – Direct effect – National charges incompatible with Community law – Repayment – Procedure – Application of national law – Limits – Compliance with the principle of equivalence of Community law – National provision derogating from the rule of non-repayment where the charge was passed on for applicants able to rely on a precedent from a national constitutional court – Breach of the principle of equivalence – To be determined by the national court

4.. Community law – Direct effect – National charges incompatible with Community law – Repayment – Procedure – Application of national law – Limits – Compliance with the principle of the effectiveness of Community law – Presumption of unjust enrichment solely because the charge was passed on – Not permissible

1.

2.

3.

4.
Case C-356/01





Republic of Austria

v

Commission of the European Communities





«(System of ecopoints for heavy goods vehicles transiting through Austria – Refusal by the Commission to reduce the number of ecopoints for 2001 – Legality)»

Judgment of the Court (Sixth Chamber), 20 November 2003

Summary of the Judgment
Case C-101/01





Criminal proceedings

against

Bodil Lindqvist





(Reference for a preliminary ruling from the Göta hovrätt (Sweden))

«(Directive 95/46/EC – Scope – Publication of personal data on the internet – Place of publication – Definition of transfer of personal data to third countries – Freedom of expression – Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State)»

Opinion of Advocate General Tizzano delivered on 19 September 2002

Judgment of the Court, 6 November 2003

Summary of the Judgment

1.. Approximation of laws – Directive 95/46 – Scope – Definition of processing of personal data wholly or partly by automatic means – Act of referring, on an internet page, to various persons and identifying them by name or by other means – Included – Exceptions – Activities of the State or of State authorities unrelated to the fields of activity of individuals – Activities carried out in the course of private or family life of individuals – Processing of personal data consisting in publication on the internet in the exercise of charitable or religious activities – Not included

(Directive 95/46 of the European Parliament and of the Council, Art. 3(1) and Art. 2, first and second indents)

2.. Approximation of laws – Directive 95/46 – Scope – Definition of personal data concerning health – Reference to foot injury resulting in part-time sick leave – Included

(Directive 95/46 of the European Parliament and of the Council, Art. 8(1))

3.. Approximation of laws – Directive 95/46 – Transfer of personal data to a third country – Definition – Loading of data on an internet page accessible to those with the technical means to access it, including those in third countries – Not included

(Directive of the European Parliament and of the Council 95/46, Art. 25)

4.. Approximation of laws – Directive 95/46 – Respect for fundamental rights – Freedom of expression – Obligation of national authorities responsible for applying national legislation implementing the directive to ensure a fair balance between the rights and interests in question

(European Convention for Human Rights, Art. 10; Directive of the European Parliament and of the Council 95/46)

5.. Approximation of laws – Directive 95/46 – National legislation for the protection of personal data – Need for consistency with provisions of directive and its objective – Possibility of a Member State's extending its scope to areas not included in the scope of the directive – Limits

(Directive 95/46 of the Parliament and of the Council)

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2.

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4.

5.
JUDGMENT OF THE COURT

7 January 2004

((Article 141 EC – Directive 75/117/EEC – Equal treatment for men and women – Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse – Discrimination on grounds of sex))

and

THE COURT,,

after considering the written observations submitted on behalf of:

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of K. B., represented by L. Cox and T. Eicke, of the United Kingdom Government, represented by J.E. Collins and N. Paines QC, and of the Commission, represented by J. Sack and L. Flynn, acting as Agents, at the hearing on 23 April 2002,

after hearing the Opinion of the Advocate General at the sitting on 10 June 2003,