ddrg/super_eurlex huggingface dataset:
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1.Acts of the institutions - Regulations - Publication - Date

( EEC Treaty, Art . 191, first paragraph )

2.Acts of the institutions - Application ratione temporis - Principle of non-retroactivity - Exceptions - Conditions - Particular case

( Commission Regulation No 57/81, Art . 6 )

Summary

1 . A regulation must be regarded as published throughout the Community on the date borne by the issue of the Official Journal containing the text of that regulation . However, should evidence be produced that the date on which an issue was in fact available does not correspond to the date which appears on that issue, regard must be had to the date of actual publication .

2 . Although in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected .

That was so in the specific case of the application with retroactive effect from 1 January 1981 of Regulation No 57/81 on transitional measures to be taken, on account of the accession of Greece, in respect of trade in agricultural products, provided for in Article 6 thereof . On the one hand, it was necessary in the general interest to ensure a smooth change from the previously applicable arrangements to the Community system and prevent speculation . On the other hand, traders were not legitimately entitled to expect to be able to benefit from the abolition of the Community import levy for goods for which export refunds had been paid in Greece, in view of the fact that the purpose of that levy is to neutralize the effect of refunds obtained in non-member countries .
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Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation suspending the advance fixing of an aid granted within the framework of the common organization of a market

( EEC Treaty, second paragraph of Art . 173; Commission Regulation No 1587/88 )

Summary

A regulation suspending advance fixing of an aid granted within the framework of the common organization of a market affects both applications pending when the suspension comes into operation and those lodged during the period of suspension . A regulation of that kind applies to objectively determined situations and produces legal effects with respect to categories of persons envisaged in the abstract . It is therefore of general application and is not of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to the undertakings whose applications for advance fixing were lodged on the day on which suspension of the advance fixing was decided upon .
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Free movement of goods - Community transit - Community status of goods - Means of proof limited to forms T2 and T2L alone - Compatibility with Articles 9 and 10 of the Treaty

( EEC Treaty, Arts 9 and 10; Council Regulation No 222/77; Commission Regulation No 223/77 )

Summary

The rule laid down in Regulation Nos 222/77 and 223/77 on Community transit that only transit documents T2 or T2L may be used to prove the Community status of goods to the customs authorities of the importing Member State, unless Community legislation provides otherwise, cannot be regarded as contrary to Articles 9 and 10 of the Treaty .

Articles 9 and 10 are silent as to the means of proof and the burden of proof of the Community status of goods . They leave it to secondary Community legislation to settle those matters, and, moreover, the provision of a standard and simple means of proof, combined with the possibility of producing such proof even after the frontier has been crossed, is justified by the need to facilitate the movement of goods across the Community' s internal frontiers, which is one of the basic principles of the common market .
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1 . Non-contractual liability - Conditions - Legislative measure involving choices of economic policy - Sufficiently serious breach of a superior rule of law

( EEC Treaty, second paragraph of Art . 215 )

2 . Non-contractual liability - Conditions - Legislative measure - Inadequate statement of reasons - No liability incurred

( EEC Treaty, Art . 190 and second paragraph of Art . 215 )

Summary

1 . The Community does not incur non-contractual liability for damage suffered by individuals as a consequence of action involving choices of economic policy, such as a measure fixing, for the purposes of a common market organization, conversion factors to be applied to the buying-in prices for products displaying characteristics different from those of the reference product, having regard to the second paragraph of Article 215 of the Treaty, unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred .

2 . An inadequacy in the statement of the reasons on which a measure contained in a regulation is based does not make the Community liable .
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1 . Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Refusal to appoint a pregnant woman -Discrimination - No male candidates - Not material

( Council Directive 76/207, Arts 2(1 ) and 3(1 ) )

2 . Social policy - Male and female workers - Access to employment and working conditions - Equal treatment -Implementation by Member States - Choice of penalties for discrimination - Civil liability - Grounds of exemption under national law not applicable

( Council Directive 76/207 )

Summary

1 . An employer is in direct contravention of the principle of equal treatment embodied in Articles 2(1 ) and 3(1 ) of Council Directive 76/207/EEC of 9 February 1976 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 if he refuses to enter into a contract of employment with a female candidate whom he considers to be suitable for the job where such refusal is based on the possible adverse consequences for him of employing a pregnant woman, owing to rules on unfitness for work adopted by the public authorities, which assimilate inability to work on account of pregnancy and confinement to inability to work on account of illness . The fact that no man applied for the job is irrelevant .

2 . Although Directive 76/207 gives the Member States, in penalizing infringement of the prohibition of discrimination, freedom to choose between the various solutions appropriate for achieving its purpose, it nevertheless requires that, where a Member State opts for a sanction forming part of the rules on civil liability, any infringement of the prohibition of discrimination suffices in itself to make the person guilty of it fully liable, and no regard may be had to the grounds of exemption envisaged by national law .
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1 . Member States - Obligations - Obligation to penalize infringements of Community law - Scope

( EEC Treaty, Art . 5 )

2 . Transport - Road transport - Social provisions - Application by the Member States - Introduction of strict criminal liability of the employer for infringements committed by his employees - Whether permissible - Conditions

( Regulation No 543/69 of the Council, Arts 7(2 ) and 11 )

Summary

1 . Where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law .

For that purpose, whilst the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive .

2 . Neither Regulation No 543/69 on the harmonization of certain social legislation relating to road transport nor the general principles of Community law preclude the application of national provisions under which an employer whose drivers infringe Articles 7(2 ) and 11 of the regulation may be the subject of a criminal penalty notwithstanding the fact that the infringement cannot be imputed to an intentional wrongful act or to negligence on the employer' s part, on condition that the penalty provided for is similar to those imposed in the event of infringement of provisions of national law of similar nature and importance and is proportionate to the seriousness of the infringement committed .
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1. Public contracts of the European Communities - Requirement that they be in writing - Oral changes - Not permissible

(Financial Regulation, Art. 50)

2. Procedure - Application instituting the proceedings - Formal requirements - Summary of the pleas in law on which the application is based

(Statute of the Court EAEC, Art. 19; Rules of Procedure, Art. 38)

3. Procedure - Action brought before the Court on the basis of an arbitration clause - Competence of the Court limited to the contractual dispute - Reliance on a plea in law based on undue enrichment - Precluded

(EAEC Treaty, Art. 153)

Summary

1. Oral orders cannot constitute a valid legal basis for the payment of work not included in the written contract concluded between an institution of the Communities and a supplier since such orders are precluded, first, by Article 50(1) of the Financial Regulation and the General Terms and Conditions applicable to the contract in question, which expressly state that all changes to the contract must be made by an additional act subject to the same conditions as the contract and that oral agreements are not binding on the parties, and secondly by the contract itself.

2. The application instituting the proceedings must contain a summary of the pleas in law on which the application is based and specify the nature of those pleas. An abstract statement of the pleas in law does not satisfy the requirements of the Statute or the Rules of Procedure of the Court of Justice.

3. When the Court derives its competence from an arbitration clause contained in a public or private contract it cannot consider a plea in law, such as undue enrichment, with a non-contractual basis.
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Tax provisions - Harmonization of legislation - Exemption from turnover tax and excise duty - Goods contained in travellers' personal luggage - Residual powers of Member States - Scope - Establishment of a quantitative limit for beer - Not permissible

( Council Directive 69/169, Art . 4(1 ) )

Summary

In the field of exemption from turnover tax and excise duty for goods contained in travellers' personal luggage, Member States are left with only the restricted power specifically given to them by Directive 69/169, as later supplemented and amended . That directive does not provide for the possibility of laying down quantitative limits for goods which, like beer, are not expressly included in the list set out in Article 4(1 ) of the directive . Accordingly, a Member State may not extend that list by establishing for beer a 12-litre limit, beyond which, by virtue of an irrebuttable presumption, any importation is regarded as having a commercial character .
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1. Measures adopted by the Community institutions - Choice of legal basis - Criteria

2. EAEC - Health protection - Safety standards for the protection of the general public and workers - Laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs - Prohibition in placing contaminated foodstuffs on the market - Legal basis - Article 31 of EAEC Treaty

(EEC Treaty, Art. 100a; EAEC Treaty, Art. 31; Council Regulation No 3954/87)

Summary

1. In the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those factors include in particular the aim and content of the measure in question.

2. The purpose of Regulation No 3954/87 is to establish uniform safety standards to protect the health of workers and of the general public, as provided in Article 2(b) of the EAEC Treaty. It lays down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs and requires the Commission to adopt, in the event of a nuclear accident or any other case of radiological emergency, if the circumstances so require, a regulation rendering applicable those maximum permissible levels. Since its purpose is to protect the population against the dangers arising from foodstuffs and feedingstuffs which have undergone radioactive contamination, it was possible for it to be adopted on the basis of Article 31 of the EAEC Treaty.

The fact that it also provides for the prohibition of placing on the market foodstuffs and feedingstuffs with a radioactive contamination level in excess of the maximum permitted levels did not make it necessary to have recourse at the same time to Article 100a of the EEC Treaty. In fact as that prohibition is only one condition for the effectiveness of the application of maximum permitted levels, the regulation has only the incidental effect of harmonizing the conditions for the free movement of goods within the Community by avoiding the adoption of unilateral measures by the various Member States.
Judgment of the Court (Second Chamber) of 7 February 1990. - Rosaria Vella and others v Alliance nationale des mutualités chrétiennes. - Reference for a preliminary ruling: Cour du travail de Mons - Belgium. - Social security for migrant workers - Period of incapacity in respect of which an allowance was received treated as a period of insurance. - Case C-324/88.



European Court reports 1990 Page I-00257

Pub.RJ Page Pub somm



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Social security for migrant workers - Periods of insurance - Periods treated as such - To be determined in accordance with the national legislation under which the period in question was completed

( EEC Treaty, Arts 48 to 51; Council Regulations Nos 3, Art . 1(r ) and 1408/71, Art . 1(r ) )

Summary

Article 1(r ) of Regulation No 3 and Article 1(r ) of Regulation No 1408/71 must be interpreted as meaning that periods treated as periods of insurance are to be determined solely in accordance with the criteria laid down in the national legislation under which those periods were completed, provided that the national legislation observes the provisions of Articles 48 to 51 of the Treaty ( see the judgment of 6 June 1972 in Case 2/72 Murru v Caisse régionale d' assurance maladie de Paris (( 1972 )) ECR 333 ).

Parties

In Case C-324/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the cour du travail, Mons, for a preliminary ruling in the proceedings pending before that court between

Rosario Vella, widow of Mr Scaduto, and Others,

v

Alliance nationale des mutualités chrétiennes, Brussels,

on the interpretation of Articles 1 and 27 of Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers ( Journal officiel 1958, 30, p . 561 ), Article 28 of Regulation No 4 of the Council of 3 December 1958 implementing procedures and supplementary provisions in respect of Regulation No 3 ( Journal officiel 1958, 30, p . 597 ), and Articles 1, 45 and 48 of Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and members of their families moving within the Community ( Official Journal, English Special Edition 1971 ( II ), p . 416 ),

THE COURT ( Second Chamber )

composed of : F . A . Schockweiler, President of Chamber, G . F . Mancini and T . F . O' Higgins, Judges,

in answer to the question referred to it by the cour du travail, Mons, by judgment of 2 November 1988, hereby rules :

Operative part

Article 1(r ) of Regulation No 3 and Article 1(r ) of Regulation ( EEC ) No 1408/71 must be interpreted as meaning that periods treated as periods of insurance must be determined solely on the basis of the criteria contained in the national legislation under which those periods were completed .
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Tax provisions - Harmonization of legislation - Turnover tax - Common system of value-added tax - Taxable persons - Bodies governed by public law - Exclusion of activities pursued as public authorities - Concept - Liability to tax where there are distortions of competition and economic activities which are important and not carried on on a negligible scale - Scope - Transposition of corresponding criteria into national law - Member States' obligations

( Council Directive 77/388, Art . 4(5 ) )

Summary

The first subparagraph of Article 4(5 ) of the Sixth Directive on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as meaning that activities pursued "as public authorities" within the meaning of that provision are those engaged in by bodies governed by public law under the special legal regime applicable to them and do not include activities pursued by them under the same legal conditions as those that apply to private traders . It is for the national court to classify the activities in question in the light of that criterion .

The second subparagraph must be interpreted as meaning that the Member States are required to ensure that bodies subject to public law are treated as taxable persons in respect of activities in which they engage as public authorities where those activities may also be engaged in, in competition with them, by private individuals, in cases in which their treatment as non-taxable persons could lead to significant distortions of competition, but they are not obliged to transpose that criterion literally into their national law or to lay down precise quantitative limits for such treatment .

The third subparagraph must be interpreted as meaning that it does not require the Member States to transpose into their tax legislation the criterion of the non-negligible scale of activities as a condition for treating the activities listed in Annex D as taxable .
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1 . Free movement of goods - Goods in free circulation - Concept

( EEC Treaty, Arts 9 and 10 )

2 . Free movement of goods - Community transit - Community status of goods - Proof - Carriage of goods not intended for commercial purposes

( Council Regulation No 222/77, as amended by Regulation No 983/79, Art . 49 )

Summary

1 . Goods imported into the Community from a non-member country are to be considered to be in free circulation when the import formalities have been complied with and the various duties paid; there is no distinction to be drawn between goods imported from a non-member country in circulation in the Member State where the import formalities were completed and the various duties paid and those which, after due completion of the import formalities and payment of the various duties in one Member State, are subsequently imported into another Member State .

2 . The rules governing Community transit under Regulation No 222/77, as amended by Regulation No 983/79, are to be interpreted as meaning that, in the case of the carriage of goods not intended for commercial use, a declaration by the traveller accompanying the goods or in whose luggage they are contained is sufficient for those goods to be considered to be Community goods . However, if there are any objective grounds for doubting the accuracy of that declaration, the traveller must produce an internal Community transport document .
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1 . Own resources of the European Communities - Post-clearance recovery of import or export duties - Customs administration error resulting in the use, for calculation of duties, of a rate indicated purely for guidance in a national customs tariff manual, which was incorrect - Error capable of detection by the trader concerned

( Council Regulation No 1697/79, Art . 5(2 ) )

2 . Own resources of the European Communities - Post-clearance recovery of import or export duties - Error deriving from "information" given by the competent authorities themselves - Definition

( Council Regulation No 1697/79, Art . 5(1 ) )

Summary

1 . A trader is not entitled to expect that, by virtue of Article 5(2 ) of Regulation No 1697/79, post-clearance recovery of import duties will not be effected where the customs administration' s error, from which the trader benefited, resulted from the fact that the administration failed to apply the Community tariff provisions published in the Official Journal of the European Communities and instead relied on a customs tariff manual for national use which was incorrect, in so far as it indicated a rate lower than that specified in the Community rules, since such an error is one of the kind referred to in the abovementioned regulation which the trader could reasonably have detected .

The Community tariff provisions constitute the only positive law in that field as from the date of their publication in the Official Journal of the European Communities, and everyone is deemed to know that law . A customs tariff manual drawn up by the national authorities is merely a guide for customs clearance operations . Secondly, an error as to the rate can be detected by a diligent trader through consultation of the Official Journal of the European Communities in which the relevant provisions are published .

2 . The first indent of Article 5(1 ) of Council Regulation ( EEC ) No 1697/79, pursuant to which no action for post-clearance recovery of import duties may be undertaken where the incorrect amount was calculated "on the basis of information given by the competent authorities themselves", must be interpreted as meaning that the word "information" does not refer to indications given in a document of a general nature addressed to unspecified persons but only to indications given by the competent authorities in a concrete case, to a particular trader, who is entitled to invoke the principle of legal certainty . That provision does not therefore include a tariff manual for national use which sets out the rules of national law and Community law, including those on the Common Customs Tariff .
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Officials - Pensions - Pension rights acquired before entering the service of the Communities - Transfer to the Community scheme - Scope ratione personae - Self-employed persons - Excluded - Equal treatment - Absence

( Staff Regulations of Officials, Annex VIII, Art . 11(2 ) )

Summary

The scope of Article 11(2 ) of Annex VIII to the Staff Regulations, which permits Community officials to transfer to the Community pension scheme pension rights acquired under a national pension scheme, is limited to former employees and does not extend to activities characterized by economic and personal independence .

Consequently, a person pursuing an activity as a self-employed person, such as an avocat, who gives up that activity in order to become an official of the Communities is not entitled, as Community law now stands, to claim the benefit of Article 11(2 ) of Annex VIII to the Staff Regulations .

That provision is, however, invalid in so far as it provides for such a difference in treatment between officials who acquired pension rights under a national scheme as employed persons and officials who acquired such rights as self-employed persons .