ddrg/super_eurlex huggingface dataset:
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1 . Balance of payments - National protective measures - Authorization by the Commission - Conditions - Commission' s discretion - Judicial review - Limits

( EEC Treaty, Art . 108(3 ) )

2 . Balance of payments - National protective measures - Export aid - Authorization by the Commission - Subsequent restriction on the scope of the authorization - Procedural guarantees provided for by Decision 86/614 - Consultation with the interested parties - Right to be heard - Scope

( Commission Decision 86/614, Art . 3 )

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the applicants to pay the costs .
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Tax provisions - Harmonization of legislation - Turnover taxes - Common system of value-added tax - Taxable amount - Price discounts and rebates - Concept - Reduction in sale price granted upon the surrender of a coupon obtained free of charge by the customer upon a previous purchase -Included

( Council Directive 77/388, Art . 11 A 3(b ) )

Summary

Article 11 A 3 of the Sixth Directive ( 77/388/EEC ), laying down the items not to be included, within the territory of the country, in the taxable amount for the purposes of value-added tax, must be interpreted as meaning that the expression "price discounts and rebates allowed to the customer and accounted for at the time of supply" covers the difference between the normal retail selling price of the goods supplied and the sum of money actually received by the retailer for those goods where the retailer accepts from the customer a coupon given free of charge by the retailer to the customer upon a previous purchase made at the normal retail selling price .
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1 . Convention on jurisdiction and the enforcement of judgments - Recognition and enforcement - Grounds for refusal - Document instituting the proceedings not served in due form and in sufficient time on a defendant who fails to appear - Concurrent nature of conditions of due form and sufficient time - Document served in sufficient time but not in due form - Refusal of recognition

( Convention of 27 September 1968, Art . 27(2 ) )

2 . Convention on jurisdiction and the enforcement of judgments - Recognition and enforcement - Grounds for refusal - Document instituting the proceedings not served in due form and in sufficient time on a defendant who fails to appear - Review of service by the courts of the State in which recognition is sought - Curing of defective service - To be determined in accordance with the law of the State in which judgment was given

( Convention of 27 September 1968, Art . 27(2 ) )

Summary

1 . The conditions laid down in Article 27(2 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, that a defendant who fails to appear must have been served with the document instituting the proceedings in due form and in sufficient time, must both be met in order for a foreign judgment given against that defendant to be recognized . That provision is therefore to be interpreted as meaning that a judgment given in default of appearance may not be recognized where the document instituting the proceedings was not served on the defendant in due form, even though it was served in sufficient time to enable him to arrange for his defence .

2 . Article 27(2 ) of the Convention is to be interpreted as meaning that questions concerning the curing of defective service are governed by the law of the State in which judgment was given, including any relevant international agreements .
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Agriculture - Approximation of animal-health laws - Fresh poultrymeat -Intra-Community trade - Meat declared unfit for human consumption in the Member State of destination - Consignor' s right to obtain the opinion of an impartial veterinary expert - Opinion given by the veterinary expert - Legal effect

( Council Directive 71/118, Art . 10 )

Summary

Directive 71/118 on health problems affecting fresh poultrymeat authorizes a Member State to prohibit the marketing in its territory of fresh poultrymeat coming from another Member State if at the time of the health inspection carried out in the country of destination it is found that the meat is unfit for human consumption . Although Article 10 provides that in such circumstances the Member State concerned is to grant consignors the right to obtain the opinion of an impartial veterinary expert from a panel drawn up for that purpose by the Commission, that opinion is not decisive or binding but does represent an important factor to be taken into account by the national authorities and any national courts before which proceedings are brought .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Rules prescribing the addition of colour-reactive sesame oil for the marketing of certain imported edible fats - Not permissible - Justification - Fairness of commercial transactions - Protection of consumers - No justification

( EEC Treaty, Art . 30 )

Summary

A Member State which makes the marketing of edible vegetable oils, other than olive oil, and of margarine, hydrogenated edible fats and solid edible fats of animal and vegetable origin, other than butter and lard, imported from other Member States conditional on the addition of colour-reactive sesame oil has failed to fulfil its obligations under Article 30 of the Treaty .

Such a measure, which is intended to combat certain fraudulent practices intended to deceive consumers, is not such as to enable that aim to be achieved effectively and is therefore not necessary in order to satisfy imperative requirements relating to the fairness of commercial transactions and the protection of consumers .
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1. Action for failure to fulfil obligations - Evidence of failure - Burden of proof on the Commission - Methods of proof - Production of documents expurgated for reasons of confidentiality - Permissibility

(EEC Treaty, Art. 169)

2. Fisheries - Conservation of the resources of the sea - Technical measures of conservation - Measures relating to the minimum mesh size of nets, attachments to nets, by-catches and the minimum size of catches - Obligations of the Member States to inspect and to take action - Failure

(Council Regulations Nos 2057/82, Art. 1, and 2241/87, Art. 1)
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Social security for migrant workers - Applicable legislation - Pensioners - Applicability of the legislation of the State of residence notwithstanding payment of the pension by another Member State - Whether permissible - Charging by the State of residence of contributions to cover benefits payable by the Member State paying the pension - Not permissible - Previous pursuit of a professional or trade activity in the State of residence - No effect

(Regulation No 1408/71)

Summary

The rules of Community law, in particular the provisions in Titles II and III of Regulation No 1408/71, do not preclude a person who has worked as an employed person in the territory of one Member State as a result of which he receives a retirement pension and later establishes his residence in another Member State in which he does not carry on any activity from being subject to the legislation of the latter State. However, those rules do prevent such a person from being required to pay in that State, by virtue of his residing there, contributions for compulsory insurance to cover benefits payable by an institution of another Member State.

The same principles would apply if, before the period to which the contributions in question relate, the person concerned had carried on a professional or trade activity, whatever its importance, either as an employed person or as a self-employed person, in the territory of the Member State of residence.
Judgment of the Court (First Chamber) of 28 March 1990. - Erich Wittmann GmbH & Co. KG v Hauptzollamt Nürnberg-Fürth. - Reference for a preliminary ruling: Finanzgericht München - Germany. - Common Customs Tariff - Ear-piercing instruments and stud earrings. - Case C-344/88.



European Court reports 1990 Page I-01505

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Common Customs Tariff - Tariff headings - Classification of decorative stud earrings and ear-piercing instruments

Summary

Stud earrings, whether or not put up in sterile packaging, made of gold - or silver-plated steel, consisting of a shank with a decorative head and a "butterfly" fastening, this shank being used to pierce the ear by means of a special device, which secures it in the ear lobe, came within subheading 71.16 A of the Common Customs Tariff even before the entry into force of Commission Regulation No 3558/81 which expressly classified them under that subheading .

Subheading 84.59 E II must be interpreted as including ear-piercing instruments .

Parties

In Case C-344/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht Muenchen ( Finance Court, Munich ), Federal Republic of Germany, for a preliminary ruling in the proceedings pending before that court between

SA Erich Wittmann GmbH & Co . KG

and

Hauptzollamt Nuernberg-Fuerth ( Principal Customs Office, Nuremberg-Fuerth ),

on the interpretation of tariff subheading 84.59 E ( machines and mechanical appliances ), Heading 82.04 ( other hand tools ), Heading 90.17 ( medical instruments and appliances ), and tariff subheadings 71.16 A ( imitation jewellery ) and 73.31 B ( nails, tacks, spiked cramps ) in the Annex to Council Regulation No 3000/79 of 30 December 1979 amending Regulation No 2800/78 amending Regulation No 950/68 on the Common Customs Tariff ( Official Journal 1979, L 342, p . 1 ),

THE COURT ( First Chamber )

composed of : Sir Gordon Slynn, President of Chamber, R . Joliet and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

in answer to the questions referred to it by the Finanzgericht Muenchen, by order of 27 June 1988, rules as follows :

Operative part

( 1 ) Subheading 71.16 A of the Common Customs Tariff must be interpreted as including, even before the entry into force of Commission Regulation No 3558/81 of 8 December 1981 on the classification of goods falling within subheading 76.16 A of the Common Customs Tariff, stud earrings of the kind referred to in that regulation .

( 2 ) Subheading 84.59 E II of the Common Customs Tariff must be interpreted as including ear-piercing instruments .
Judgment of the Court of 7 May 1991. - Commission of the European Communities v Italian Republic. - Failure of a Member State to fulfil its obligations - Euratom directives - Failure to transpose within the prescribed time-limits. - Case C-246/88.



European Court reports 1991 Page I-02049

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Member States - Obligations - Compliance with directives - Failure to fulfil obligations - Justification - Not acceptable

(EAEC Treaty, Art. 141)

Summary

As the Court has consistently held, a Member State may not rely on provisions, practices or circumstances in its internal legal system to justify its failure to comply with obligations and time-limits laid down in Community directives.

Parties

In Case C-246/88,

Commission of the European Communities, initially represented by Sergio Fabro, later by Antonio Aresu, both members of its Legal Department, acting as Agents, with an address of service in Luxembourg at the office of Guido Berardis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Luigi Ferrari Bravo, Head of the Legal Department in the Ministry of Foreign Affairs, acting as Agent, assisted by Pier Giorgio Ferri, Avvocato dello Stato, with an address of service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that the Italian Republic has failed to fulfil its obligations under Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (Official Journal L 246, p. 1) and Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom (Official Journal L 265, p. 4),

THE COURT,

composed of O. Due, President, G.F. Mancini and J.C. Moitinho de Almeida (Presidents of Chambers), C.N. Kakouris, F.A. Schockweiler, F. Grévisse and M. Zuleeg, Judges,

(The grounds of the judgment are not reproduced.)

hereby:

Operative part

(1) Declares that, by failing to adopt within the prescribed time-limits the provisions necessary to comply with Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation and Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom, the Italian Republic has failed to fulfil its obligations under the EAEC Treaty;

(2) Orders the Italian Republic to pay the costs.
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Member States - Obligations - Failure to fulfil obligations - Justification - Not permissible

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

Operative part

( 1)Declares that by not complying with Commission Decision 84/111/EEC of 30 November 1983 on the proposal of the Belgian Government to grant aid to a synthetic fibre producer, 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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Free movement of goods - Customs duties - Charges having equivalent effect - Fees charged in respect of plant health inspections on exportation provided for in an international convention - Permissibility dependent on the system and the manner in which the fees are charged

( EEC Treaty, Arts 12 and 16 )

Summary

Fees charged for inspections of plants to be exported, carried out under an international convention intended to encourage the free movement of plants, are charges having an effect equivalent to customs duties when their amount is calculated according to the weight of the plants or their invoice value, even where the total amount charged in respect of those inspections does not exceed the total amount of the costs directly and indirectly connected therewith . The contrary is true only where the amount of each fee is related to the actual cost of the specific inspection in respect of which it is charged .

When field inspections are carried out on all plants produced, fees charged only in respect of exported products, and not in respect of those intended for the home market, constitute charges having equivalent effect even if those inspections are carried out to meet the requirements of international conventions affecting only exported products . The contrary would be true only if it were established that the products intended for the home market derived no benefit from the inspections .
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Fisheries - Conservation of marine resources - Fishing quotas - Catches in Faeroese waters - Division between the Member States of the available catch - Control measures for compliance with quotas - Applicability - Imminent exhaustion of the quota allocated to a Member State - Obligation of the Member State concerned to prohibit fishing provisionally - Possibility of increasing the quota by exchanges with other Member States - No effect

( Council Regulation No 2057/82, Art . 10(2 ), and Council Regulation No 6/85 )

Summary

Once the agreement on fisheries with the Government of Denmark and the Home Government of the Faeroe Islands concerning access to and conservation of fishery resources has laid down a limit for catches by Community fishermen in Faeroese waters and quotas have consequently been fixed for the Member States, the relevant rules concerning compliance with those quotas, such as Article 10 of Regulation No 2057/82 establishing certain control measures, must be applied, even if there is no express reference to them in the regulation dividing the catch quotas between the Member States, if compliance with the agreement, and in particular compliance with the catch ceilings available to the Community, is not to be jeopardized .

A Member State cannot rely on the mere possibility of obtaining an increase in its quota by means of an exchange of quotas negotiated with another Member State in order to free itself from its obligation under Article 10(2 ) of Regulation No 2057/82 to provisionally prohibit fishing by vessels flying its flag or registered in that Member State from the date from which catches subject to quota taken by those vessels are deemed to have exhausted the State' s quota . Any delay in the provisional closure of fishing is likely to cause the quota to be exceeded if such negotiations, the result of which is uncertain, fail or if the quantities obtained are insufficient to cover the catches made in the meantime . It follows that any agreement for the exchange of quotas concluded with another Member State for the purpose of increasing a quota must take place either before the exhaustion of the initial quota or after the provisional prohibition of fishing .
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Agriculture - Common organization of the markets - Cereals - Production refunds - Exclusion of products intended for the manufacture of isoglucose - Scope and limits - Discrimination between producers or consumers - Distinction between the foodstuffs sector and the chemicals sector - Grant in the case of isoglucose used for the manufacture of sorbitol

( EEC Treaty, Art . 40(3 ), second subparagraph; Council Regulation No 2742/75, as amended by Regulation No 1665/77, Art . 5a )

Operative part

Article 5a(1 ) of Regulation ( EEC ) No 2742/75 of the Council of 29 October 1975 on production refunds in the cereals and rice sectors, as amended by Council Regulation ( EEC ) No 1665/77 of 20 July 1977 amending Regulation ( EEC ) No 2742/75, properly construed, does not prohibit production refunds in respect of products intended for the manufacture of isoglucose when that isoglucose is to be used as an intermediate product, not intended for marketing, in the manufacture of sorbitol .
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Common Customs Tariff - Customs value - Transaction value - Determination - Parties to the contract of sale established in the Community - Not material - Successive sales at different prices - Choices open to importer - Demurrage charges - Included in the cost of transport - "Buying commission" paid by the buyer to the seller - Included in the transaction value - Quantity of goods unloaded smaller than quantity purchased, without affecting stipulated purchase price - Not material

( Council Regulation No 1224/80, Arts 3(1 ) and 8(1)(e ); Council Directive 79/695, Art . 8(1 ) )

Summary

The definition of the transaction value in Article 3(1 ) of Regulation No 1224/80 on the valuation of goods for customs purposes, according to which that value corresponds to the "price actually paid or payable for the goods when sold for export in the customs territory of the Community", takes no account of the place of establishment of the parties to the contract of sale . The price stipulated in a contract of sale concluded between persons established in the Community may, therefore, be regarded as the transaction value within the meaning of that provision .

Where, in successive sales of goods, more than one price actually paid or payable fulfils the requirements laid down in Article 3(1 ) of Regulation No 1224/80, any of those prices may be chosen by the importer for the purposes of determining the transaction value . If the importer has referred to one of those prices in the customs value declaration, he may not correct the declaration after the goods have been released for free circulation, in accordance with Article 8(1 ) of Council Directive 79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free circulation .

Demurrage charges, in other words compensation payable for keeping vessels in port, form part of the cost of transport within the meaning of Article 8(1)(e ) of Regulation No 1224/80 and, consequently, are to be added to the price actually paid or payable in order to determine the customs value .

A payment made by the buyer to the seller, invoiced separately and described as a "buying commission", forms part of the price actually paid or payable for the imported goods .

The price actually paid or payable should not be reduced proportionately where a discrepancy is found between the quantity of goods unloaded and the quantity purchased which does not exceed the weight discrepancy allowance agreed upon between the parties and does not lead to a reduction of the stipulated purchase price .
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Agriculture - Common agriculture policy - EAGGF financing - Principles - Amounts wrongly paid out and not recovered - Charged to the Member States in the event of negligence on their part - Assessment in the light of the requirements of Community law - Member States' obligation of diligence - Commission' s obligation to allow Member States time for correction before disallowing expenditure

( EEC Treaty, Art . 5; Regulation No 729/70 of the Council, Art . 8(1 ) and ( 2 ) )

Summary

The question whether, in the context of the management of the European Agricultural Guidance and Guarantee Fund, amounts which were paid as a result of irregularities and have not been recovered in their entirety have to be borne by the Member State concerned, by virtue of negligence attributable to it within the meaning of Article 8(2 ) of Regulation No 729/70/EEC of the Council, must be determined having regard to Community law and the requirements which it imposes on the Member States and on the Commission .

Those requirements include the obligation of general diligence placed on Member States by Article 5 of the EEC Treaty, as specifically embodied in Article 8(1 ) and ( 2 ) of Regulation No 729/70 with regard to the financing of the common agricultural policy . The obligation implies that the Member States must take steps to rectify irregularities promptly . With the passage of time, recovery of sums wrongly paid is likely to become complicated or impossible for reasons such as the fact that undertakings may have ceased trading or accounting documents may have been lost .

Another of those requirements relates to the certain and predictable financial relationship between the Commission and Member States . It implies that if the Commission intends to attach financial consequences to inaction or omissions on the part of national authorities in implementing their Community obligations, such as those imposed by Article 8, mentioned above, it must indicate clearly to those authorities what it is complaining of and not attach financial consequences to their failure until a reasonable period of time has elapsed .
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Common Customs Tariff - Tariff headings - Apparatus for transcribing onto microfilm or microfiche computerized data mainly originating from a central computer - Classsification under subheading 84.53 B

Summary

Apparatus the purpose of which is to transcribe in legible characters on microfilm or microfiche decoded computerized data mainly originating from a central computer, constitutes a unit of an automatic data-processing machine and must be classified, in view of note 3(B ) to Chapter 84 of the Common Customs Tariff, under subheading 84.53 B of the Common Customs Tariff .