ddrg/super_eurlex huggingface dataset:
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1 . Agriculture - Common organization of the markets - Discrimination between producers or consumers - Co-responsibility levy in the cereals sector - Exemption for cereals used on the producer' s farm after processing - Exemption subject to cereals being processed on the farm - Unlawful

( EEC Treaty, second subparagraph of Art . 40 ( 3 ); Commission Regulation No 2040/86, second subparagraph of Art . 1 ( 2 ), as amended by Regulation No 2572/86 )

2 . References for a preliminary ruling - Assessment of validity - Declaration that a regulation is invalid - Effects - Application by analogy of the second paragraph of Article 174 of the Treaty - Invalidity resulting from discrimination - Provisional maintenance in force of the contested scheme on the basis of non-discriminatory rules

( EEC Treaty, Art . 174 ( 2 ) and Art . 177 )

Summary

1 . The objective of the Community regulations governing the co-responsibility levy in the cereals sector, which is to limit the structural surpluses on the market, provides justification for imposing the levy only on the processing of cereals placed on the market, since quantities of cereals remaining in a closed circuit do not contribute to the creation of surpluses .

The second subparagraph of Article 1 ( 2 ) of Regulation No 2040/86, as amended by Regulation No 2572/86, is invalid in so far as it exempts from the co-responsibility levy the first-stage processing of cereals carried out on the producer' s own holding by means of the machinery of the farm, provided that the products of the processing are used on that holding, but does not provide for such exemption for first-stage processing carried out off the producer' s agricultural holding or by means of machinery which does not form part of the agricultural installations of the farm, where the products of the processing are used on that farm .

2 . Where the Court finds that a regulation is discriminatory, in so far as the rules for exemption from a levy for which it provides do not extend to certain categories of economic operators, a straightforward declaration that the contested provision was invalid would have the result that, pending the adoption of new provisions, all exemptions would be precluded . In such a case, the second paragraph of Article 174 of the EEC Treaty, under which the Court may state which of the effects of the regulation which it has declared void are to be considered definitive, must be applied by analogy for the same reasons of legal certainty as those which underlie that provision .
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Summary

A Member State may not plead provisions, practices or circumstances existing in its internal legal system to justify a failure to comply with obligations and time-limits laid down in directives .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Marketing of products - Disparities in national legislation - Barriers to intra-Community trade - Whether permissible - Conditions

( EEC Treaty, Art . 30 )

2 . International agreements - Agreements concluded by Member States - Agreements antedating the EEC Treaty - Article 234 of the Treaty - Purpose - Scope - Justification of restrictions on Community trade - Not permissible

( EEC Treaty, Art . 234 )

3 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National legislation making the use of the trade name of a cheese subject to the observance of a minimum fat content - Application to products of the same type imported from another Member State - Not permissible

( EEC Treaty, Art . 30 )

Summary

1 . In the absence of common rules on the marketing of the products in question, obstacles to free movement within the Community resulting from disparities in national legislation must be accepted in so far as the national rules, applying without distinction to domestic and imported products, can be justified as being necessary in order to satisfy imperative requirements relating inter alia to consumer protection and fair trading .

2 . The purpose of the first paragraph of Article 234 of the Treaty is to lay down, in accordance with the principles of international law, that the application of the Treaty does not affect the duty of the Member State concerned to respect the rights of non-member countries under a prior agreement and to perform its obligations thereunder . Consequently, provided that the rights of non-member countries are not involved, a Member State cannot rely on the provisions of a pre-existing convention of that kind in order to justify restrictions on the marketing of products coming from another Member State where the marketing thereof is lawful by virtue of the free movement of goods provided for by the Treaty .

3 . Article 30 et seq . of the Treaty preclude a Member State from applying national legislation making the right to use the trade name of a type of cheese subject to the observance of a minimum fat content to products of the same type imported from another Member State when those products have been lawfully manufactured and marketed under that name in that Member State and consumers are provided with proper information .
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Measures adopted by the institutions - Directives - Implementation by the Member States - Necessity of complete transposition

( EEC Treaty, Art . 189, third paragraph )
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1 . Officials - Action - Right of action - Persons claiming the status of officials or of employees other than local staff

2 . Officials - Status of official - Conditions for acquiring for fulfilled - Application of the Staff Regulations - Excluded

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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1 . Social policy - Men and women - Access to employment and working conditions - Equal treatment - Derogations - Protection of women - Measures to promote equal opportunities for men and women - Scope - Maintenance of all the special rights for women recognized in collective agreements - Excluded

( Council Directive 76/207, Arts 2 ( 3 ) and ( 4 ) and 5 ( 2 ) ( b ) )

2 . Social policy - Men and women - Access to employment and working conditions - Equal treatment - Implementation by the Member States - Responsibility of both sides of industry - Insufficient ( Council Directive 76/207, Arts 5 ( 2 ) ( b ) and 9 ( 1 ) )

Summary

1 . The exception provided for in Article 2 ( 3 ) of Directive 76/207 on the implementation of the principle of equal treatment for men and women, which covers measures concerning the protection of women, particularly as regards pregnancy and maternity, may not apply to measures relating to the protection of women in capacities, such as those of older workers or parents, which are not specific to them .

The exception provided for in Article 2 ( 4 ) of that directive is specifically and exclusively designed to allow measures which, although discriminatory in appearance, are in fact intended to eliminate or reduce actual instances of inequality which may exist in the reality of social life .

Those provisions concern only specific derogations from the principle of equal treatment and cannot justify national legislation which authorizes, in general, the maintenance of special rights for women recognized in collective agreements concluded before the directive came into force .

2 . National legislation which, several years after the expiry of the period prescribed for the implementation of Directive 76/207, makes the two sides of industry responsible for removing certain instances of inequality without laying down any time-limit for compliance with that obligation does not adequately implement the directive .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - CHOICE OF FORMULA B - EVENT GIVING RISE TO LIABILITY TO PAY THE LEVY - EXCEEDING OF THE PURCHASER' S REFERENCE QUANTITY

( REGULATION NO 804/68 OF THE COUNCIL, ART . 5C )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - FIXING OF REFERENCE QUANTITIES EXEMPT FROM THE LEVY - SPECIAL ARRANGEMENT FOR VICTIMS OF EXCEPTIONAL EVENTS - BENEFIT GRANTED ON AN INDIVIDUAL BASIS - SCOPE

( COUNCIL REGULATION NO 857/84, ARTS 2 AND 3 ( 3 ) )

Summary

1 . ARTICLE 5C ( 1 ) OF REGULATION NO 804/68 OF THE COUNCIL OF 27 JUNE 1968, AS AMENDED BY COUNCIL REGULATION NO 856/84 OF 31 MARCH 1984, RELATING TO THE ADDITIONAL LEVY ON MILK, MUST BE INTERPRETED AS MEANING THAT, IN THE CONTEXT OF FORMULA B, THE SAID LEVY IS PAYABLE ONLY IN SO FAR AS THE PURCHASER' S REFERENCE QUANTITY HAS BEEN EXCEEDED .

2 . ARTICLE 3 ( 3 ) OF COUNCIL REGULATION NO 857/84, WHICH PERMITS PRODUCERS WHOSE PRODUCTION HAS BEEN SIGNIFICANTLY AFFECTED BY EXCEPTIONAL EVENTS DURING THE REFERENCE YEAR CHOSEN AT NATIONAL LEVEL TO OBTAIN REFERENCE TO ANOTHER YEAR FOR THE PURPOSES OF CALCULATING THE QUANTITIES WHICH

THEY MAY DELIVER WITHOUT BEING LIABLE TO THE ADDITIONAL LEVY, MUST BE INTERPRETED AS MEANING THAT ONLY PRODUCERS WHO INDIVIDUALLY FULFIL THE CONDITIONS LAID DOWN IN THAT PROVISION MAY CLAIM THE BENEFIT OF IT . THE INDIVIDUAL REFERENCE QUANTITY RESULTING FROM THE APPLICATION OF THAT PROVISION IS EQUAL TO THE QUANTITY OF MILK OR MILK EQUIVALENT DELIVERED BY THE PRODUCER DURING THE REFERENCE YEAR CHOSEN UNDER THAT PROVISION, WEIGHTED BY THE PERCENTAGES REFERRED TO IN ARTICLE 2 OF REGULATION NO 857/84, VARIED IF NECESSARY ON THE BASIS OF THE CATEGORY OF PERSONS OR REGIONS IN ACCORDANCE WITH ARTICLE 2 ( 2 ).
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OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - PURPOSE - OFFICIAL NOT A NATIONAL OF THE MEMBER STATE IN WHICH HIS PLACE OF EMPLOYMENT IS SITUATED - HABITUAL RESIDENCE IN HIS PLACE OF EMPLOYMENT BEFORE ENTRY INTO SERVICE - ABSENCE OF SHORT DURATION - RETURN NOT GIVING RISE TO EXTRA EXPENSE AND INCONVENIENCE - CONDITIONS FOR THE GRANTING OF THE ALLOWANCE NOT FULFILLED .

( STAFF REGULATION OF OFFICIALS, ANNEX VII, ART . 4 ( 1 ) ( A ) )
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ECSC - Quota system for production and delivery of steel - Liberalization of certain product categories - Procedure - Procedure laid down for the ending of the system - Recourse had by the Commission to the procedure laid down for the introduction of quotas - Misuse of powers

( ECSC Treaty, Arts 33 and 58 ( 1 ) and ( 3 ); general Decision No 3746/86 )

Summary

Article 58 ( 1 ) of the ECSC Treaty makes the introduction of a quota system, as an exception to the principle of the free market, subject to a stringent procedure whereby the Commission cannot act without the Council' s assent, whereas Article 58 ( 3 ) lays down, for the termination of the quota system and thus the restoration of the free market, a more flexible procedure in the context of which the Commission enjoys more extensive powers, inasmuch as its proposals can only be rejected by a decision to the contrary adopted unanimously by the Council .

As the partial termination of the system of quotas comes within the context of the progressive restoration of normal competitive conditions, it must be regarded as being subject to the procedure laid down by Article 58 ( 3 ). On this account, the Commission misused its powers by availing itself of the procedure laid down in Article 58 ( 1 ) in order to bring about the partial termination of the system of quotas, in respect of which it made a proposal on 2 October 1986, and general Decision No 3746/86 must be declared void, in so far as it relates to the product categories mentioned in the aforesaid proposal .
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1 . Measures adopted by the institutions - Presumption of validity

( EEC Treaty, Art . 189 )

2 . State aid - Commission decision declaring aid incompatible with the common market - Non-implementation - Justification - Implementation absolutely impossible because of financial difficulties with which recipients would be confronted - Unacceptable

( EEC Treaty, Art . 93 ( 2 ) )

Summary

1 . It follows from the legislative and judicial system established by the Treaty that, although respect for the principle of the rule of law within the Community context entails the right to challenge the validity of Community measures by legal action, that principle also imposes upon all persons subject to Community law the obligation to acknowledge that such measures are fully effective as long as they have not been declared to be invalid .

2 . The financial difficulties with which undertakings receiving unlawful aid could be confronted as a result of its withdrawal do not make it absolutely impossible for the Member State concerned to implement the Commission decision finding that the aid was incompatible with the common market and must be abolished .
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1 . Action for failure by a Member State to fulfil its obligations - Judgment of the Court declaring that a Member State has failed to fulfil its obligations - Effects - Obligations of the Member State at fault - Compliance with the judgment in full - Retention of provisions held to be incompatible with Community law - Justification based on the publication of a statement of intent or on the existence of administrative practices - Not permissible

( EEC Treaty, Arts 169 and 171 )

2 . Action for failure by a Member State to fulfil its obligations - Judgment of the Court declaring that a Member State has failed to fulfil its obligations - Period for compliance

( EEC Treaty, Art . 171 )

Summary

1 . A Member State some of whose legislative provisions and regulations have been held to be contrary to Community law by the Court in a judgment declaring that that State has failed to fulfil its obligations is required either to amend or to repeal those provisions . Neither mere publication of a ministerial notice, leaving unchanged the legislation in force and thereby creating an ambiguous legal situation giving rise to legal uncertainty, nor the adoption of mere administrative practices, which can by their nature be altered by the authorities at will, are sufficient to discharge the obligation to comply with the Court' s judgment in full .

2 . The process of complying with a judgment declaring that a Member State has failed to fulfil its obligations must be initiated at once and must be completed as soon as possible .
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1 . Officials - Action - Action brought against a decision of a selection board - Submissions alleging irregularities in the competition notice not contested in good time - Inadmissible

( Staff Regulations of Officials, Art . 91 )

2 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Organization of the tests - Organization in the light of recruitment needs and not of the specific training and abilities of the candidates

( Staff Regulations of Officials, Art . 29 ( 1 ) )

Summary

1 . An official may not, in support of an action brought against a decision of a selection board, rely on submissions alleging irregularities in the competition notice if he did not challenge in good time the provisions of a competition notice which, in his view, adversely affects him . Were

it otherwise, it would be possible to challenge a competition notice long after it had been published and after most, or all, of the operations carried out in connection with the competition had already taken place, and that would be contrary to the principles of legal certainty, legitimate expectation and sound administration .

The situation of an applicant who relies on irregularities the origin of which may be found in the wording of the competition notice but which occurred in the course of the competition is different .

2 . The purpose of the competition procedure provided for in Article 29 ( 1 ) cannot be other than to fill vacant posts by ensuring that candidates most suitable for the posts to be filled are selected .

It follows that the tests must be organized in the light of the requirements of the posts to be filled and not of the candidates' specific training and professional abilities .
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European Communities' own resources - Repayment or remission of import duties - Article 13 of Regulation No 1430/79 - Commission decision concerning a request submitted by a Member State - Time-limit - Commission' s practice of obtaining an extension by having the request withdrawn and re-submitted - Misuse of procedure - Illegality

( Council Regulation No 1430/79, Art . 13; Commission Regulation No 1575/80 as amended, Art . 5, second paragraph, and Art . 7 )

Summary

If the Commission, to which a Member State has submitted a request for a decision that the repayment of import duties pursuant to Article 13 of Regulation No 1430/79 is justified, asks the Member State concerned to withdraw its request and to re-submit it at a later date in order to prevent its failure to take a decision within the four-month period laid down in the second paragraph of Article 5 of Regulation No 1575/80 from having the effect that, by virtue of Article 7 of that regulation, as amended by Regulation No 945/83, the application has to be granted by the national authorities, this constitutes a misuse of procedure . Consequently, the Commission' s decision, which was not adopted within the four-month period which started to run from the date of the initial request, must be declared void because it was adopted on the basis of a procedure which was vitiated in its entirety .
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Free movement of persons - Freedom of establishment - Companies - Directive 68/151 - Rules on nullity - Scope - Private limited company whose existence is not confirmed by the public register because the formalities for incorporation required by national law have not been completed - Excluded

( Council Directive 68/151 )

Summary

Section I of the First Directive of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required of companies ( Directive 68/151 ) provides for formalities in regard to disclosure intended to provide third parties with prior information on the essential features of companies within the meaning of the said directive . Third parties may thus legitimately rely on the information available concerning such a company, but only if that information has been disclosed in the manner provided for . Consequently, the rules concerning the nullity of companies laid down in Section III of the First Directive apply only where third parties have been led to believe by the information published in accordance with Section I that a company within the meaning of the First Directive exists . They do not apply where the acts in question were performed in the name of a private limited liability company whose existence is not confirmed by the public register because the formalities for incorporation required by national law have not been completed .

However, in so far as acts performed in the name of a limited liability company not yet incorporated are regarded by the applicable national law as having been performed in the name of a company being formed within the meaning of Article 7 of the directive, it is for the national law in question to provide, in accordance with that provision, that the persons who perform them are to be jointly and severally liable .
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Agriculture - Common organization of the markets - Wine - Description and presentation of wines - Information on bottling - Group of wine-growers whose wines are bottled by an outside undertaking - Use of the term "Erzeugerabfuellung" - Conditions

( Council Regulation No 355/79, Art . 12 ( 2 ) ( q ); Commission Regulation No 997/81, Art . 17 ( 1 ) ( a ) )

Summary

The second indent of Article 12 ( 2 ) ( q ) of Regulation No 355/79 laying down general rules for the description and presentation of wines and grape musts is to be interpreted as meaning that the use of the description "Erzeugerabfuellung" by a group of vineyards whose wine has been bottled in the facilities of an undertaking which does not form part of that group is subject to the condition that the entire operation must take place under the actual direction and strict, continuous supervision of that group and at its sole responsibility .
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Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Scheme of public financing of higher educational establishments not of university level - Taking into consideration of the number of students - Refusal to take into consideration nationals of the other Member States - Prohibition

( EEC Treaty, Art . 7; Regulation No 1612/68 of the Council, Art . 12 )

Summary

Legislation of a Member State which, for the purpose of determining the level of government funding and of staffing for higher educational establishments other than universities, excludes the taking into consideration, above a certain quota and subject to certain exhaustively listed exceptions, of students who are nationals of other Member States has the effect, in practice, of excluding those students from the instruction provided by those establishments . That exclusion, which amounts to discrimination on grounds of nationality in a field, namely that of the conditions of access to vocational training, which falls within the scope of the Treaty, constitutes an infringement of Article 7 thereof .

In so far as that legislation also covers the children of a migrant worker who has been employed in another Member State but no longer resides there or is deceased, it is also contrary to Article 12 of Regulation No 1612/68 according to which the children of a national of a Member State who is or has been employed in another Member State shall be admitted to that State' s general educational, apprenticeship and vocational training courses under the same conditions as nationals of that State, if such children are residing in its territory .
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EEC Treaty - Article 235 - Scope - Use of Article 235 to regulate, under temporary importation arrangements which can be established on the the basis of other provisions of the Treaty, the use of containers in internal traffic - Unlawful

( EEC Treaty, Art . 235; Council Regulation No 2096/87 )

Operative part

( 1)Declares void Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers;

( 2)Declares that the effects of that regulation shall continue to operate until such time as the measures which the Council is required to adopt in order to comply with this judgment have entered into force;

( 3 ) Orders the Council to pay the costs .