ddrg/super_eurlex huggingface dataset:
Article 18(1)(b) of Regulation No 1223/2009 on cosmetic products must be interpreted as meaning that it may prohibit the placing on the European Union market of cosmetic products containing some ingredients that have been tested on animals outside the European Union, in order to market cosmetic products in third countries, if the resulting data is used to prove the safety of those products for the purposes of placing them on the EU market.

The fact of having relied, in the cosmetic product safety report, upon the results of animal testing concerning a cosmetic ingredient in order to demonstrate the safety of that ingredient to human health must be regarded as sufficient to establish that that testing had been carried out to meet the requirements of Regulation No 1223/2009 for obtaining access to the EU market. It is irrelevant that the animal testing was required in order to market cosmetic products in third countries. Article 18(1)(b) of Regulation No 1223/2009 makes no distinction depending on where the animal testing at issue was carried out. The introduction, by interpretation, of such a distinction would be contrary to the objective relating to animal protection pursued by Regulation No 1223/2009 in general and by Article 18 thereof in particular.

(see paras 39-41, 45, operative part)
2

Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (Official Journal, English Special Edition 1968 (II), p. 475), referred to in the letter of formal notice and in the reasoned opinion issued by the Commission in the context of the present case, was repealed and replaced by Regulation No 492/2011 as from 16 June 2011, subsequent to the expiry of the period referred to in the reasoned opinion. Nevertheless, the wording of Article 3(1) of Regulation No 492/2011 is identical to that of Article 3 of Regulation No 1612/68 and provides: ‘Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply: (a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or (b) where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered. The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.’
7

According to Article 23 of that directive: ‘… 2. Technical specifications shall afford equal access for tenderers and not have the effect of creating unjustified obstacles to the opening up of public procurement to competition. 3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Community law, the technical specifications shall be formulated: (a) either by reference to technical specifications defined in Annex VI and, in order of preference, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or — when these do not exist — to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products. Each reference shall be accompanied by the words “or equivalent”; (b) or in terms of performance or functional requirements; the latter may include environmental characteristics. However, such parameters must be sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract; (c) or in terms of performance or functional requirements as mentioned in subparagraph (b), with reference to the specifications mentioned in subparagraph (a) as a means of presuming conformity with such performance or functional requirements; (d) or by referring to the specifications mentioned in subparagraph (a) for certain characteristics, and by referring to the performance or functional requirements mentioned in subparagraph (b) for other characteristics. … 8. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraphs 3 and 4 is not possible; such reference shall be accompanied by the words “or equivalent”.’
4

Article 4 of Directive 92/83 provides: ‘1. Member States may apply reduced rates of duty, which may be differentiated in accordance with the annual production of the breweries concerned, to beer brewed by independent small breweries within the following limits: — the reduced rates shall not be applied to undertakings producing more than 200000 hl of beer per year, — the reduced rates, which may fall below the minimum rate, shall not be set more than 50% below the standard national rate of excise duty. 2. For the purposes of the reduced rates the term “independent small brewery” shall mean a brewery which is legally and economically independent of any other brewery, which uses premises situated physically apart from those of any other brewery and does not operate under licence. However, where two or more small breweries cooperate, and their combined annual production does not exceed 200000 hl, those breweries may be treated as a single independent small brewery. 3. Member States shall ensure that any reduced rates they may introduce apply equally to beer delivered into their territory from independent small breweries situated in other Member States. In particular they shall ensure that no individual delivery from another Member State ever bears more duty than its exact national equivalent.’
9

Commission Decision 2004/156/EC of 29 January 2004 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ 2004 L 59, p. 1) (‘the guidelines’), provides in the fifth and sixth subparagraphs of point 7.4: ‘At the end of the verification process, the verifier shall make a judgment with respect to whether the emissions report contains any material misstatement. If the verifier concludes that the emissions report does not contain any material misstatement, the operator can submit the emissions report to the competent authority in accordance with Article 14(3) of [Directive 2003/87]. If the verifier concludes that the emissions report contains a material misstatement, the operator’s report has not been verified as satisfactory. In accordance with Article 15 of [Directive 2003/87], Member States shall ensure that an operator whose report has not been verified as satisfactory by 31 March each year for emissions during the preceding year cannot make further transfers of allowances until a report from that operator has been verified as satisfactory. Member States shall lay down applicable penalties in accordance with Article 16 of [Directive 2003/87]. The total emissions figure for an installation in an emissions report that has been verified as satisfactory shall be used by the competent authority to check whether a sufficient number of allowances have been surrendered by the operator in respect of that same installation.’
4

Article 14 of Regulation No 2100/94, entitled ‘Derogation from Community plant variety right’, is worded as follows: ‘1. Notwithstanding Article 13(2), and for the purposes of safeguarding agricultural production, farmers are authorised to use for propagating purposes in the field, on their own holding, the product of the harvest which they have obtained by planting, on their own holding, propagating material of a variety other than a hybrid or synthetic variety, which is covered by a Community plant variety right. 2. The provisions of paragraph 1 shall only apply to agricultural plant species of: … (b) Cereals: … Hordeum vulgare L. — Barley … 3. Conditions to give effect to the derogation provided for in paragraph 1 and to safeguard the legitimate interests of the breeder and of the farmer shall be established, before the entry into force of this Regulation, in implementing rules pursuant to Article 114, on the basis of the following criteria: … — small farmers shall not be required to pay any remuneration to the holder; … — other farmers shall be required to pay an equitable remuneration to the holder, which shall be sensibly lower than the amount charged for the licensed production of propagating material of the same variety in the same area; the actual level of this equitable remuneration may be subject to variation over time, taking into account the extent to which use will be made of the derogation provided for in paragraph 1 in respect of the variety concerned; — monitoring compliance with the provisions of this Article or the provisions adopted pursuant to this Article shall be a matter of exclusive responsibility of holders; in organising that monitoring, they may not provide for assistance from official bodies; — relevant information shall be provided to the holders on their request by farmers and by suppliers of processing services; relevant information may equally be provided by official bodies involved in the monitoring of agricultural production, if such information has been obtained through ordinary performance of their tasks, without additional burden or costs. …’
10

Recitals 6, 9, 14 and 15 in the preamble to Directive 2012/19 state as follows: ‘(6) The purpose of this Directive is to contribute to sustainable production and consumption by, as a first priority, the prevention of WEEE and, in addition, by the re-use, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste and to contribute to the efficient use of resources and the retrieval of valuable secondary raw materials. It also seeks to improve the environmental performance of all operators involved in the life cycle of EEE, e.g. producers, distributors and consumers and, in particular, those operators directly involved in the collection and treatment of WEEE. In particular, different national applications of the “producer responsibility” principle may lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of recycling policies. For that reason, the essential criteria should be laid down at the level of the Union and minimum standards for the treatment of WEEE should be developed. … (9) This Directive should cover all EEE used by consumers and EEE intended for professional use. … The objectives of this Directive can be achieved without including large-scale fixed installations such as oil platforms, airport luggage transport systems or elevators within its scope. However, any equipment which is not specifically designed and installed as part of those installations, and which can fulfil its function even if it is not part of those installations, should be included in the scope of this Directive. This refers for instance to equipment such as lighting equipment or photovoltaic panels. … (14) Separate collection is a precondition for ensuring specific treatment and recycling of WEEE and is necessary to achieve the chosen level of protection of human health and the environment in the Union. Consumers have to actively contribute to the success of such collection and should be encouraged to return WEEE. … (15) In order to attain the chosen level of protection and the harmonised environmental objectives of the Union, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. ...’
21

In those circumstances, the Tribunalul Maramureș decided to stay proceedings and to refer the following questions to the Court for a preliminary ruling: ‘(1) Must Article 273 and point 18 of Article 287 of Directive [2006/112] be interpreted as meaning that the national tax authority was under an obligation to register a taxable person for VAT purposes and to find that person liable to pay the VAT, and the related ancillary debts, arising from the fact that the tax exemption threshold had been exceeded, with effect from the date on which the taxable person submitted tax returns to the competent tax authority showing that the VAT exemption threshold had been exceeded? (2) If the answer to Question 1 is in the affirmative, does the principle of legal certainty preclude national practice on the basis of which the tax authority has established retroactively that a taxable person is liable to pay VAT because the supply of veterinary services is not exempt from VAT and the tax exemption threshold was exceeded, in a situation in which: — the tax authority did not, of its own motion, register the taxable person for VAT purposes and did not find that person liable to pay VAT from the moment when the taxable person submitted the tax returns showing that the threshold had been exceeded, but did so only later, after the Detailed Rules for the Implementation of the Tax Code had been amended by Regulation No 1620/2009 to the effect that the exemption provided for under Article 141(1)(a) of the Tax Code does not apply to the supply of veterinary services, as established by the judgment in Commission v Italy 122/87 EU:C:1988:256, and in relation to a period preceding that amendment; — through the tax returns submitted by the taxable person, the tax authority had become aware, before the Detailed Rules for the Implementation of the Tax Code were amended by Regulation No 1620/2009 in the manner described above, that the exemption threshold had been exceeded; — before the publication of Regulation No 1620/2009, the tax authority did not adopt in its area of competence — which also covers the taxable person in the main proceedings — any administrative tax measures designed to establish that taxable persons which are veterinary practices had failed to register for the purposes of VAT incurred as a consequence of the VAT payment exemption threshold being exceeded and, consequently, intended to establish the liability of those persons for VAT; — during the period preceding the adoption and entry into force of Regulation No 1620/2009, the judgment in Commission v Italy 122/87 EU:C:1988:256 had not been published in any form in the Romanian language?’
4

According to Article 17 of the Sixth Directive: ‘(1) The right to deduct shall arise at the time when the deductible tax becomes chargeable. (2) In so far as the goods and services are used for the purposes of his taxable transactions, the taxable person shall be entitled to deduct from the tax which he is liable to pay: (a) value added tax due or paid within the territory of the country in respect of goods or services supplied or to be supplied to him by another taxable person; … (5) As regards goods and services to be used by a taxable person both for transactions covered by paragraphs 2 and 3, in respect of which value added tax is deductible, and for transactions in respect of which value added tax is not deductible, only such proportion of the value added tax shall be deductible as is attributable to the former transactions. This proportion shall be determined, in accordance with Article 19, for all the transactions carried out by the taxable person. However, the Member States may decide to: (a) authorise the taxable person to determine a proportion for each sector of his business, provided that separate accounts are kept for each sector; (b) require the taxable person to determine a proportion for each sector of his business and to keep separate accounts for each sector; (c) authorise or require the taxable person to make the deduction on the basis of the use made of all or part of the goods and services; (d) authorise of compel the taxable person to make the deduction in accordance with the rule laid down in the first subparagraph, in respect of all goods and services used for all transactions referred to therein; (e) provide that where the [VAT] which is not deductible by the taxable person is insignificant it shall be treated as nil. …’
6

Recitals 3 to 5 and 7 to 9 in the preamble to Regulation No 469/2009 are worded as follows: ‘(3) Medicinal products, especially those that are the result of long, costly research, will not continue to be developed in the Community and in Europe unless they are covered by favourable rules that provide for sufficient protection to encourage such research. (4) At the moment, the period that elapses between the filing of an application for a patent for a new medicinal product and authorisation to place the medicinal product on the market makes the period of effective protection under the patent insufficient to cover the investment put into the research. (5) This situation leads to a lack of protection which penalises pharmaceutical research. … (7) A uniform solution at Community level should be provided for, thereby preventing the heterogeneous development of national laws leading to further disparities which would be likely to create obstacles to the free movement of medicinal products within the Community and thus directly affect the functioning of the internal market. (8) Therefore, the provision of a supplementary protection certificate granted, under the same conditions, by each of the Member States at the request of the holder of a national or European patent relating to a medicinal product for which marketing authorisation has been granted is necessary. A regulation is therefore the most appropriate legal instrument. (9) The duration of the protection granted by the certificate should be such as to provide adequate effective protection. For this purpose, the holder of both a patent and a certificate should be able to enjoy an overall maximum of 15 years of exclusivity from the time the medicinal product in question first obtains authorisation to be placed on the market in the Community.’
20

Articles 35 to 37 of Law 12/2008 on Industrial Safety (Ley 12/2008 de seguridad industrial), adopted on 31 July 2008 by the Parliament of Catalonia (BOE No 204 of 23 August 2008, p. 14194) (‘Law 12/2008’), states as follows: ‘Article 35. Functions of operators of vehicle roadworthiness testing centres The operators of vehicle roadworthiness testing centres have the following functions: (a) to carry out roadworthiness tests for vehicles and for vehicle components and accessories; (b) as a precautionary measure, to prevent the use of vehicles which, having been tested, are found to have safety defects which entail imminent danger. … Article 36. Requirements relating to operators of vehicle roadworthiness testing centres 1. In order to operate in Catalonia, operators of vehicle roadworthiness testing centres must meet the following requirements: (a) there must be compliance with any local plan for vehicle roadworthiness testing centres that the Government may adopt pursuant to Article 37(2); (b) no undertaking or group of undertakings may exceed the market share threshold laid down by regulation. Such market share threshold shall ensure that no proprietor shall provide services across all vehicle roadworthiness testing centres that account for more than half of the total number of testing lanes in Catalonia. … (c) there must be compliance with such minimum permitted distances between vehicle roadworthiness testing centres belonging to the same undertaking or group of undertakings as shall be laid down by the Government pursuant to Article 37(3); … Article 37. Licensing of operators of vehicle roadworthiness testing centres 1. The Industrial Safety Agency of Catalonia (Agencia Catalana de Seguridad Industrial) shall be responsible for licensing operators of vehicle roadworthiness testing centres. Licences shall be in respect of each individual centre and shall be issued in accordance with procedures laid down by regulation. 2. In order to ensure that an appropriate service is provided for the number of vehicles in existence and that testing is carried out objectively and to a high standard, the Government may lay down by decree the number of vehicle roadworthiness testing centres required and the number of testing lanes that each centre should have, calculated on the basis of the total number of vehicles in existence, and may determine their location by means of a local plan. … 3. In order to ensure effective competition between operators, the Government shall lay down by decree the minimum permitted distances between vehicle roadworthiness testing centres belonging to the same undertaking or group of undertakings. Such distances shall ensure that no one proprietor shall achieve a dominant position in an area, taking into consideration the characteristics of the different locations of the vehicle roadworthiness testing centres. …’
9

Article 51(1) and (2) ET provides as follows: ‘1. For the purposes of this Law, “collective redundancy” shall mean the termination of employment contracts on economic, technical, organisational or production grounds where, over a period of 90 days, the termination affects at least: (a) 10 workers, in undertakings employing fewer than 100 workers; (b) 10% of the number of workers in undertakings employing between 100 and 300 workers (c) 30 workers in undertakings employing more than 300 workers. … “Collective redundancy” shall also mean a termination of employment contracts affecting the entire workforce of an undertaking, provided that the number of workers affected is greater than five, where the termination occurs as a result of the total cessation of the business activity of the undertaking on the grounds referred to above. For the purpose of calculating the number of contract terminations for the purposes of the first subparagraph of this paragraph, all other terminations of an employment contract during the period of reference which occur on the employer’s initiative for other reasons not related to the individual workers concerned which are different from the grounds provided for in Article 49(1)(c) of this Law shall also be taken into account, provided that at least five employees are affected. When, in successive periods of 90 days and in order to circumvent the requirements of this article, an undertaking terminates contracts under Article 52(c) of this Law, the number of terminations being lower than the thresholds indicated, and when there are no new grounds justifying such action, those new terminations shall be deemed to be effected in circumvention of the law and shall be declared null and void. 2. Collective redundancy must be preceded by a period of consultation with the workers’ legal representatives for a maximum period of 30 calendar days or 15 days in the case of undertakings with fewer than 50 workers. The consultation with the workers’ legal representatives must deal, at the very least, with the possibility of avoiding or reducing the number of collective redundancies and of alleviating their effects through accompanying social measures, such as outplacement and vocational training or retraining to improve employment prospects. …’