ddrg/super_eurlex huggingface dataset:
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Freedom of movement for persons ° Freedom of establishment ° Freedom to provide services ° Doctors ° Obtaining of qualifications in specialized medicine ° Obligation to provide remuneration for training periods limited to the medical specialties common to all the Member States or to two or more Member States and set out in Articles 5 or 7 of Directive 75/362

(Council Directives 75/362, Arts 5 and 7, 75/363, Art. 2(1)(c) and 82/76)

Summary

The requirement to provide remuneration for the periods of training in specialized medicine, laid down in Article 2(1)(c) of Directive 75/363 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors, applies only to medical specialties which are common to all the Member States or to two or more Member States and which are mentioned in Article 5 or Article 7 of Directive 75/362 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended by Directive 82/76.

The right given to each Member State to set its own conditions of training for the recognition of qualifications or diplomas which are specific to that State or which it has decided not to include in the list in Directive 75/362 implies the right not to apply Article 2 of Directive 75/362 on minimum conditions of training.
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1. Freedom to provide services ° Provisions of the Treaty ° Matters covered ° Cable broadcasting of television programmes supplied by an undertaking established in another Member State ° Included regardless of the aim pursued by broadcasting from abroad

(EEC Treaty, Arts 59 and 60)

2. Freedom to provide services ° Restrictions aimed at providers of services seeking only to avoid compliance with the relevant rules ° Permissible

(EEC Treaty, Arts 59 and 60)

Summary

1. The concept of "provision of services" referred to in Articles 59 and 60 of the Treaty covers the transmission, via cable network operators established in one Member State, of television programmes supplied by a broadcasting body established in another Member State, even if that body established itself there in order to avoid the legislation applicable in the receiving State to domestic broadcasters.

2. A Member State cannot be denied the right to take measures to prevent the exercise by a person providing services whose activity is wholly or principally directed towards its territory of the freedoms guaranteed by the Treaty for the purpose of avoiding the rules which would be applicable to him if he were established within that State.

The Treaty provisions on freedom to provide services cannot therefore be interpreted as precluding a Member State from treating as a domestic broadcaster a broadcasting body constituted under the law of another Member State and established in that State but whose activities are wholly or principally directed towards the territory of the first Member State, if that broadcasting body was established there in order to avoid the rules adopted by the first Member State as part of a cultural policy intended to establish a pluralist and non-commercial radio and television broadcasting system.
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1. Actions against Member States for failure to fulfil obligations ° Failure to comply with a Commission decision concerning State aid ° Validity of the decision resulting from dismissal of an action for annulment ° Plea in defence ° Absolute impossibility of implementation

(EEC Treaty, Art. 93(2), second subpara.)

2. State aid ° Commission decision declaring aid to be incompatible with the common market ° Difficulties in implementation ° Obligation on the Commission and the Member State to cooperate in seeking a solution consistent with the Treaty

(EEC Treaty, Arts 5 and 93(2), first subpara.)

3. State aid ° Commission decision declaring aid to be incompatible with the common market and ordering it to be discontinued ° Determination of the obligations of the Member State ° Obligation to recover ° Scope ° Re-establishment of the previously existing situation

(EEC Treaty, Art. 93(2), first subpara.)

Summary

1. When the Commission, on the basis of the second subparagraph of Article 93(2) of the Treaty, brings an action for failure to fulfil obligations against a Member State by reason of the latter' s failure to implement a decision declaring aid to be contrary to the Treaty and requiring it to be repaid, a decision against which an unsuccessful action for annulment had been brought, the only defence available to the Member State concerned is to plead that it was absolutely impossible for it to implement the decision properly.

2. A Member State which, in giving effect to a decision declaring that aid is incompatible with the common market, encounters unforeseen and unforeseeable difficulties, or becomes aware of consequences overlooked by the Commission, must submit those problems to the Commission for consideration, together with proposals for suitable amendments to the decision in question. In such cases, the Commission and the Member State must, by virtue of the rule imposing on the Member States and the Community institutions a duty of genuine cooperation which underlies, in particular, Article 5 of the Treaty, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions and, in particular, the provisions on aid.

3. The obligation to abolish aid incompatible with the common market which a Commission decision imposes on a Member State has as its purpose to re-establish the previously existing situation. That objective is attained once the recipient has repaid the aid in question, where appropriate with default interest, and thus forfeited the advantage which it had enjoyed over its competitors on the market.
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International agreements ° EEC-Austria Agreement ° Protocol No 3 ° Origin of goods ° Proof by means other than the documents mentioned in Title II of the Protocol ° Conditions of permissibility

(EEC-Austria agreement, Protocol No 3 in the version contained in Council Regulation No 1598/88)

Summary

In its version contained in Regulation No 1598/88, Protocol No 3 concerning the definition of "originating products" and methods of administrative cooperation, annexed to the agreement between the European Economic Community and the Republic of Austria establishing a preferential system for products originating in Austria or the Community, must be interpreted as meaning that it is permissible to dispense with production of the documents evidencing Austrian or Community origin mentioned in Title II of the said Protocol where the origin of the goods in issue has been established beyond doubt on the basis of objective evidence which could not have been manipulated or falsified by those involved, where both the importer and the exporter concerned took the steps necessary to obtain the documents referred to in the Protocol, and where it was for reasons beyond their control, such as anticompetitive conduct by other persons concerned contrary to both the objective and the terms of the Agreement, that it was impossible for them to produce those documents.
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1. Plea of illegality ° Plea raised, in an action for the annulment of a decision, against a previous decision not challenged within the time-limit ° Inadmissible

(EEC Treaty, Arts 173 and 184)

2. Actions for annulment of measures ° Measures against which actions may be brought ° Definition ° Measures producing legal effects ° Commission decision extending the validity of the Community framework for State aid in an economic sector beyond its expiry date

(EEC Treaty, Art. 173)

3. State aid ° Examination by the Commission ° Establishment of a framework for aid in an economic sector ° Necessary temporal limitation

(EEC Treaty, Art. 93(1))

4. Community law ° Interpretation ° Methods

Summary

1. An applicant cannot, in an action for annulment of a decision, raise a plea of illegality against an earlier act of the same kind, annulment of which he could have sought directly. To permit that would make it possible indirectly to challenge earlier decisions which were not contested within the period for bringing proceedings prescribed in Article 173 of the Treaty, thereby circumventing that time-limit.

2. An action for annulment must be available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects.

That is the case of a Commission decision to extend the validity of the Community framework for State aid in an economic sector beyond the date on which it would otherwise have expired.

3. By providing that the Commission, in cooperation with the Member States, is to keep under constant review all systems of aid existing in those States, and to propose to them any appropriate measures required by the progressive development or by the functioning of the common market, Article 93(1) of the Treaty creates an obligation of regular, periodic cooperation on the part of the Commission and the Member States, from which neither the Commission nor a Member State can release itself for an indefinite period depending on the unilateral will of either of them.

4. Where the wording of secondary Community law is open to more than one interpretation, preference should be given to the interpretation which renders the provision consistent with the Treaty rather than the interpretation which leads to its being incompatible with the Treaty.
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Freedom of movement for persons ° Freedom of establishment ° Freedom to provide services ° Practitioners of dentistry ° Recognition of diplomas and evidence of qualifications ° Directive 78/686 ° Coordination of national provisions ° Directive 78/687 ° Creation of a category of practitioners not provided for by the directives ° Not permissible

(Council Directives 78/686, Art. 19, and 78/687, Art. 1)

Summary

A Member State which, in allowing persons who are not trained in accordance with the criteria laid down in Article 1 of Directive 78/687, concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners, and who did not commence their university medical training before the date laid down by Article 19 of Directive 78/686, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, to practise as dental practitioners, thereby creating a category of dental practitioners allowed to practise only in Italy not corresponding to any category provided for by those directives, fails to fulfil its obligations under those directives.
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1. Competition ° Agreements, decisions and concerted practices ° Adverse effect on competition ° Effect on trade between Member States ° Selective distribution system for motor vehicles ° Exclusive agency contracts binding all distributors of the leading motor vehicle manufacturer in a Member State to a leasing company owned by it ° Not permissible

(EEC Treaty, Art. 85(1))

2. Competition ° Agreements, decisions and concerted practices ° Prohibition ° Block exemption ° Regulation No 123/85 ° Exclusive agency contracts binding all distributors of the leading manufacturer of motor vehicles in a Member State to a leasing company owned by it ° Excluded from the exemption

(Commission Regulation No 123/85)

Summary

1. Article 85(1) of the Treaty must be interpreted as meaning that it prohibits an obligation imposed by the leading manufacturer of motor vehicles in a Member State on all its dealers established in that State to develop activities as agents for leasing transactions exclusively for the account of its own leasing company.

By restricting the access of leasing companies competing with the company owned by the manufacturer to leasing transactions concerning the manufacturer' s vehicles and by preventing the manufacturer' s dealers from developing a leasing business in their own name and for their own account, such exclusive agency agreements have the object, or at least effect, of restricting competition to an appreciable extent. Secondly, such contracts affect trade between Member States, since those dealers are unable to act either as intermediaries for leasing companies established in other Member States or to conclude leasing contracts for their own account with consumers established in other Member States.

2. Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements must be interpreted as meaning that it does not exempt an obligation imposed by the leading motor vehicle manufacturer in a Member State on all its dealers established in that State to develop activities as agents for leasing transactions exclusively for the account of its own leasing company.
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1. Social policy ° Equal treatment for men and women in matters of social security ° Scope ratione personae of Directive 79/7 ° Working population within the meaning of Article 2 of the directive ° Persons in minor employment characterized by a limited number of working hours and low pay ° Included

(Council Directive 79/7, Art. 2)

2. Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° National legislation excluding minor and short-term employment from the compulsory sickness and old-age insurance schemes and from the obligation to contribute to the unemployment insurance scheme ° Provisions principally affecting women ° Objective justification ° Permissible

(Council Directive 79/7, Art. 4(1))

Summary

1. Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is regarded as minor because it regularly consists of fewer than 15 hours' work a week and regularly attracts remuneration of up to one-seventh of the average monthly salary or in short-term employment characterized by the fact that it tends by its nature to be regularly limited to fewer than 18 hours a week or is so limited in advance by a contract of employment, form part of the working population within the meaning of Article 2 of that directive and therefore fall within its scope ratione personae.

The fact that a person' s earnings from employment do not cover all his needs cannot prevent him from being under Community law a worker or a member of the working population.

2. Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that national provisions under which employment regularly consisting of fewer than 15 hours a week and regularly attracting remuneration of up to one-seventh of the monthly reference amount is excluded from compulsory insurance under the statutory sickness and old-age insurance schemes, and national provisions under which employment which tends by its nature to be regularly limited to fewer than 18 hours a week or is so limited in advance by a contract of employment is excluded from the obligation to contribute to the statutory unemployment insurance scheme, do not constitute discrimination on grounds of sex, even where the relevant provisions affect considerably more women than men, since the national legislature was reasonably entitled to consider that the legislation in question was necessary in order to achieve a social policy aim unrelated to any discrimination on grounds of sex.

That will be the case where the exclusion of such employment from compulsory insurance corresponds to a structural principle of a contributory social security scheme, is the only means of satisfying a social demand for such employment and is designed to avoid an increase in unlawful employment and devices circumventing social legislation.
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Member States ° Obligations ° Failure to fulfil obligations ° Failure to fulfil specific obligations under a directive and failure to fulfil the general obligation imposed by Article 5 of the Treaty

(EEC Treaty, Arts 5 and 169)

Summary

Where a Member State has failed to fulfil the specific obligations imposed by a directive, there is no need to examine whether it has thereby also failed to fulfil its obligations under Article 5 of the Treaty.
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1. Approximation of laws ° Review procedures in connection with the award of public supply and public works contracts ° Directive 89/665 ° Procedure allowing the Commission to intervene in the event of a clear and manifest breach of the Community rules on the award of contracts ° Procedure unrelated to proceedings for failure to fulfil obligations under Article 169 of the Treaty

(EC Treaty, Art. 169; Council Directive 89/665)

2. Approximation of laws ° Procedures for the award of public supply contracts ° Directive 77/62 ° Scope ° Derogations from common rules ° Conditions

(Council Directive 77/62, as amended, Arts 5(1)(a) and 6(4)(c))

Summary

1. The procedure under which the Commission, pursuant to Directive 89/665 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, may, if it forms the view that there has been a clear and manifest breach of the Community provisions relating to the award of public contracts, take the matter up with a Member State is a preliminary measure which can neither derogate from nor replace the powers of the Commission under Article 169 of the Treaty, with the result that the manner in which the Commission has employed that procedure is immaterial in deciding on the admissibility of an action for failure to fulfil obligations which it has brought by reason of the breach by the Member State concerned of the Community provisions on the award of public contracts.

2. A Member State cannot bring the conclusion of a public supply contract outside the scope of application of the rules laid down in Directive 77/62 by claiming that the contract in question merely constitutes a framework agreement which is no more than a structure within which numerous contracts are to be awarded, the value of none of which will exceed the threshold laid down in the first indent of Article 5(1)(a) of the directive. Nor can that Member State have recourse to the derogation permitted under Article 6(4)(c) of the directive by arguing that the successful suppliers were the only ones who had expressed an interest in contracting.
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Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° Permitted derogation in view of possible consequences for other benefits of different pensionable ages ° Scope ° Limited to forms of discrimination which are necessarily and objectively linked to the difference in pensionable age ° Discrimination in relation to invalidity benefits

(Council Directive 79/7, Art. 7(1)(a))

Summary

Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as permitting not only the setting of different ages for men and women for the purposes of granting old-age and retirement pensions but also forms of discrimination existing under other benefit schemes which are necessarily and objectively linked to the difference in pensionable age. Consequently, where, pursuant to that provision, a Member State has set the pensionable age for women at 60 and that for men at 65, it is permitted, first, to provide that the rate of invalidity pension payable to persons becoming incapacitated for work before they reach pensionable age is to be limited to the actual rate of retirement pension from the age of 60 in the case of women and from the age of 65 in the case of men and, second, to reserve entitlement to invalidity allowance, paid in addition to invalidity pension, to those persons who are aged under 55, in the case of women, and under 60, in the case of men, at the time when they first become incapacitated for work. Such forms of discrimination are necessarily and objectively linked to the difference in pensionable age, and to prohibit them would undermine the coherence between the retirement pension scheme and the invalidity benefit scheme.
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1. Acts of the institutions ° Directives ° Implementation by the Member States ° Insufficiency of mere administrative practices

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

2. Member States ° Obligations ° Implementation of directives ° Failure ° Justification ° Not permissible

(EC Treaty, Art. 169)

Summary

1. Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of the obligation incumbent upon the Member States to which a directive is addressed by virtue of Article 189 of the Treaty.

2. A Member State may not rely on circumstances in its internal legal system to justify its failure to comply with obligations and time-limits laid down in Community directives.
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1. Common commercial policy ° Scope ° Restriction on the export to non-member countries of goods which can be used for military purposes ° Included ° Exclusive competence of the Community

(EC Treaty, Art. 113)

2. Common commercial policy ° Common export regime ° Regulation No 2603/69 ° Scope ° Measures having an effect equivalent to quantitative restrictions ° Requirement for a licence to export goods which can be used for military purposes ° Included ° Justification ° Public security

(Council Regulation No 2603/69, Arts 1 and 11)

Summary

1. Article 113 of the Treaty must be interpreted as meaning that a measure restricting exports to non-member countries of certain products capable of being used for military purposes falls within its scope and that the Community enjoys exclusive competence in that matter, which excludes the competence of the Member States save where the Community grants them specific authorization.

The concept of the common commercial policy provided for in Article 113 must not be interpreted restrictively, so as to avoid disturbances in intra-Community trade by reason of the disparities to which a narrow interpretation of that policy would give rise in certain sectors of economic relations with non-member countries. Nor may a Member State restrict the scope of that concept by freely deciding, in the light of its own foreign policy or security requirements, whether a measure is covered by that article.

2. Although Article 1 of Regulation No 2603/69, establishing common rules for exports in the context of the common commercial policy, lays down the principle of freedom of exportation, Article 11 of that regulation provides that it does not preclude the adoption or application by a Member State of quantitative restrictions on exports that are justified, inter alia, on grounds of public security. That derogation must be understood as applying also to measures having equivalent effect and as referring to both internal and external security.

Consequently, Community law does not preclude national provisions applicable to trade with non-member countries under which the export of a product capable of being used for military purposes is subject to the issue of a licence on the ground that this is necessary in order to avoid the risk of a serious disturbance to its foreign relations which may affect the public security of a Member State within the meaning of the abovementioned Article 11.