ddrg/super_eurlex huggingface dataset:
15

Article 27 of Regulation No 604/2013 provides as follows: ‘1. The applicant … shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal. 2. Member States shall provide for a reasonable period of time within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. 3. For the purposes of appeals against, or reviews of, transfer decisions, Member States shall provide in their national law that: (a) the appeal or review confers upon the person concerned the right to remain in the Member State concerned pending the outcome of the appeal or review; or (b) the transfer is automatically suspended and such suspension lapses after a certain reasonable period of time, during which a court or a tribunal, after a close and rigorous scrutiny, shall have taken a decision whether to grant suspensive effect to an appeal or review; or (c) the person concerned has the opportunity to request within a reasonable period of time a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within a reasonable period of time, while permitting a close and rigorous scrutiny of the suspension request. A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based. 4. Member States may provide that the competent authorities may decide, acting ex officio, to suspend the implementation of the transfer decision pending the outcome of the appeal or review. 5. Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance. 6. Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. …’
18

Article II of Law No 374/2007 provides: ‘1. Drivers who are holders of a valid [CPC] as a driver as at the date of the entry into force of this law are required, within six months of such entry into force, but in any event not later than the expiry date of the driver’s current [CPC], to submit to the municipal authority with enlarged jurisdiction a written application for the issue of a driver’s professional competence card. The municipal authority with enlarged jurisdiction shall, on the basis of that application, issue to the driver a driver’s professional competence card in accordance with [the ZZOZ], in the version in force as from the date of entry into force of this law. 2. Drivers’ [CPCs] issued hitherto shall cease to be valid on the expiry [of a period] of 12 months from the date on which this law enters into force, but in any event not later than the date on which their validity expires. 3. Drivers who, before the entry into force of this law, have passed the test in accordance with the previous legislation, and to whom, as at the date of such entry into force, the municipal authority with enlarged jurisdiction has not issued a driver’s [CPC], shall be issued, by the municipal authority with enlarged jurisdiction, with a driver’s professional competence card in accordance with [the ZZOZ], in the version in force as from the date of the entry into force of this law. 4. Drivers who obtain driving licences for sub-category C1 by 10 September 2009, shall, on their written application, be issued, by the municipal authority with enlarged jurisdiction, with a driver’s professional competence card in accordance with [the ZZOZ], in the version in force as from the date of the entry into force of this law. 5. Drivers who obtain driving licences in the period from the date of entry into force of this law up to 10 September 2008 for categories and sub-categories D1, D1+E, D or D+E, and up to 10 September 2009 for categories and sub-categories C1+E, C or C+E, shall, on their written application, be issued, by the municipal authority with enlarged jurisdiction, with a driver’s professional competence card in accordance with [the ZZOZ], in the version in force as from the date of the entry into force of this law. This provision shall also apply to drivers who have obtained driving licences for the categories and sub-categories mentioned in the first sentence in the period ending six months before the date of entry into force of this law and who do not have a valid driver’s [CPC] at the date of entry into force of this law. ... 7. Drivers to whom a driver’s professional competence card is to be issued in accordance with points 1, 3, 4 and 5 shall undergo periodic training in accordance with [the ZZOZ], in the version in force as from the date of entry into force of this law. The obligation to undergo initial training in accordance with this law shall not apply to them.’
12

Article 100(1), (2) (6) and (7) of that directive provides: ‘1. A counterclaim for revocation or for a declaration of invalidity may only be based on the grounds for revocation or invalidity mentioned in this Regulation. 2. An EU trade mark court shall reject a counterclaim for revocation or for a declaration of invalidity if a decision taken by the Office relating to the same subject matter and cause of action and involving the same parties has already become final. ... 6. Where an EU trade mark court has given a judgment which has become final on a counterclaim for revocation or for invalidity of an EU trade mark, a copy of the judgment shall be sent to the Office. Any party may request information about such transmission. The Office shall mention the judgment in the Register of EU trade marks in accordance with the provisions of the Implementing Regulation. 7. The EU trade mark court hearing a counterclaim for revocation or for a declaration of invalidity may stay the proceedings on application by the proprietor of the EU trade mark and after hearing the other parties and may request the defendant to submit an application for revocation or for a declaration of invalidity to the Office within a time limit which it shall determine. If the application is not made within the time limit, the proceedings shall continue; the counterclaim shall be deemed withdrawn. Article 104(3) shall apply.’
6

Article 3 of the Framework Directive, headed ‘[NRA]’, provides : ‘1. Member States shall ensure that each of the tasks assigned to [NRAs] in this Directive and the Specific Directives is undertaken by a competent body. 2. Member States shall guarantee the independence of [NRAs] by ensuring that they are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services. Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control. 3. Member States shall ensure that [NRAs] exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that [NRAs] have adequate financial and human resources to carry out the task assigned to them. 3a. Without prejudice to the provisions of paragraphs 4 and 5, [NRAs] responsible for ex ante market regulation or for the resolution of disputes between undertakings … shall act independently and shall not seek or take instructions from any other body in relation to the exercise of these tasks assigned to them under national law implementing Community law. This shall not prevent supervision in accordance with national constitutional law. … ... Member States shall ensure that [NRAs] referred to in the first subparagraph have separate annual budgets. The budgets shall be made public. Member States shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to actively participate in and contribute to the Body of European Regulators for Electronic Communications (BEREC) [created by Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (OJ 2009 L 337, p. 1)]. ...’
8

Article 71 septies of the Law on copyright provides: ‘1. The authors and producers of phonograms, and the original producers of audiovisual works, the performers and producers of videograms, and their successors in title, shall be entitled to compensation for the private copying of phonograms and videograms referred to in Article 71 sexies. In respect of devices designed solely for the analogue or digital recording of phonograms or videograms, that compensation shall consist of a percentage of the price paid by the final purchaser to the retailer which, in respect of multipurpose devices, shall be calculated on the basis of the price of a device with characteristics equivalent to those of the internal component designed to record or, where that is not possible, of a fixed amount for each device. In respect of audio and video recording media, such as analogue media, digital media and internal or removable memory designed for recording phonograms or videograms, the compensation shall consist of a sum corresponding to the recording capacity provided by those media. In respect of remote video recording systems, the compensation referred to in the present paragraph shall be payable by the person who provides the service and shall correspond to the remuneration obtained for providing that service. 2. The compensation referred to in paragraph 1 shall be set, in accordance with [EU] law and having regard, in any event, to reproduction rights, by a decree of [MIBAC] adopted no later than 31 December 2009, on the basis of the opinion of the committee referred to in Article 190 and the associations which represent the majority of the manufacturers of the devices and media referred to in paragraph 1. In setting the compensation, account shall be taken of the application or non-application of the technological measures referred to in Article 102 quater and the different effect of digital copying in comparison with analogue copying. The decree shall be updated every three years. 3. The compensation shall be payable by any person who manufactures or imports into the territory of the State, for profit-making purposes, the devices and media referred to in paragraph 1. Those persons must submit to the [SIAE], every three months, a declaration indicating sales made and compensation due, which must be paid at the same time. Where no compensation is paid, the distributor of the recording devices and media shall be jointly and severally liable for payment. …’
3

The first, third and fifth recitals of Directive 96/75 are worded as follows: ‘Whereas the growing problems of road and rail saturation, transport safety, environment, energy saving and quality of life of the citizen call, in the public interest, for greater development and better use of the transport potential offered by inland waterway, in particular by improving its competitiveness; ... Whereas the smooth functioning of the internal market calls for an adjustment in inland waterways transport to the organisation of chartering by rotation, so as to move towards greater commercial flexibility and a system of freedom of chartering and pricing; ... Whereas, in accordance with the principle of subsidiarity, it is both necessary and adequate to set a uniform timetable at Community level for the gradual liberalisation of the market, while leaving with the Member States the responsibility for putting such liberalisation into effect.’
5

Article 9 of the Aarhus Convention, headed ‘Access to justice’, provides in paragraphs 2 to 4: ‘2. Each Party shall, within the framework of its national legislation, ensure that members of the public concerned (a) having a sufficient interest or, alternatively, (b) maintaining impairment of a right, where the administrative procedural law of a Party requires this as a precondition, have access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of any decision, act or omission subject to the provisions of Article 6 and, where so provided for under national law and without prejudice to paragraph 3 below, of other relevant provisions of this Convention. What constitutes a sufficient interest and impairment of a right shall be determined in accordance with the requirements of national law and consistently with the objective of giving the public concerned wide access to justice within the scope of this Convention. To this end, the interest of any non-governmental organisation meeting the requirements referred to in Article 2, paragraph 5, shall be deemed sufficient for the purpose of subparagraph (a) above. Such organisations shall also be deemed to have rights capable of being impaired for the purpose of subparagraph (b) above. The provisions of this paragraph 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. 3. In addition and without prejudice to the review procedures referred to in paragraphs 1 and 2 above, each Party shall ensure that, where they meet the criteria, if any, laid down in its national law, members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment. 4. In addition and without prejudice to paragraph 1 above, the procedures referred to in paragraphs 1, 2 and 3 above shall provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely and not prohibitively expensive. Decisions under this article shall be given or recorded in writing. Decisions of courts, and whenever possible of other bodies, shall be publicly accessible.’
46

It follows from all the foregoing that the duties incumbent on the lowest rank of police officers of the Autonomous Community of the Basque Country include tasks that are physically demanding. The Academy has also argued that the age at which a police officer of the Autonomous Community of the Basque Country is recruited determines the length of time over which he is capable of performing such tasks. A police officer recruited at the age of 34, when he will, it should be added, have to undergo training over a period of around two years, will be suitable for assignment to those tasks for a maximum period of 19 years, that is, until he reaches the age of 55. That being the case, recruitment at a higher age would jeopardise the possibility of assigning a sufficient number of agents to the most physically demanding tasks. Likewise, such recruitment would mean that officers thus recruited could not be assigned for a sufficiently long period to those tasks. Last, as explained by the Academy, the rational organisation of the police service of the Autonomous Community of the Basque Country requires that a balance is struck between the number of physically demanding posts, not suitable for older police officers, and the number of posts that are less physically demanding, which can be occupied by older police officers (see, by analogy, judgment of 12 January 2010, Wolf, C‑229/08, EU:C:2010:3, paragraph 43).
10

Headed ‘Procedure for collective redundancies’, Article 5 of Law No 1387/1983 provides: ‘1. The period of consultation between workers and the employer shall be 20 days starting from the date of the employer’s invitation for consultation addressed to the workers’ representatives … The outcome of the consultations shall be set out in minutes signed by both parties and submitted by the employer to the prefect or the [minister], in accordance with the provisions of Article 3(3). 2. If there is agreement between the parties, the collective redundancies shall be carried out in accordance with the content of the agreement … 3. If there is no agreement between the parties, the prefect or the [minister] may, by reasoned decision issued within 10 days from the date on which the foregoing minutes are submitted and after taking account of the documents in the file and assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy, either extend the consultations for 20 additional days following a request by one of the interested parties or not authorise some or all of the projected redundancies. Before issuing the foregoing decision, the prefect or the [minister] may request an opinion from the Epitropi Ipourgiou Ergasias (Committee of the Ministry of Labour), which is established in each prefecture, or from the Anotato Symvoulio Ergasias (Supreme Labour Council), respectively. These advisory bodies, the prefect or the [minister] may call before them and hear the workers’ representatives within the meaning of Article 4 and the interested employer, as well as persons who have specialised knowledge on individual technical issues. 4. The employer may effect collective redundancies to the extent specified in the decision of the prefect or of the [minister]. If no such decision is issued within the prescribed time limits, the collective redundancies shall be effected to the extent agreed by the employer during the consultations.’
5

Directive 89/665 provides for several cases in which, after the decision awarding the contract has been adopted, the contracting authority is temporarily prohibited from concluding a contract with the successful tenderer. Such a prohibition stems in particular from the automatic suspensive effect attaching to any applications for review lodged beforehand with the contracting authority, in accordance with Article 1(5) of that directive, and to applications for review to a first-instance review body, in accordance with Article 2(3) of that directive. Those prohibitions supplement the obligation imposed on the contracting authority, under Article 2a of that directive, to observe a standstill period between the adoption of the decision awarding the contact and the conclusion of the contract with the successful tenderer. Article 2a provides: ‘1. The Member States shall ensure that the persons referred to in Article 1(3) have sufficient time for effective review of the contract award decisions taken by contracting authorities, by adopting the necessary provisions respecting the minimum conditions set out in paragraph 2 of this Article and in Article 2c. 2. A contract may not be concluded following the decision to award a contract falling within the scope of Directive [2004/18] before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers and candidates concerned if fax or electronic means are used or, if other means of communication are used, before the expiry of a period of either at least 15 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers and candidates concerned or at least 10 calendar days with effect from the day following the date of the receipt of the contract award decision. Tenderers shall be deemed to be concerned if they have not yet been definitively excluded. An exclusion is definitive if it has been notified to the tenderers concerned and has either been considered lawful by an independent review body or can no longer be subject to a review procedure. … The communication of the award decision to each tenderer and candidate concerned shall be accompanied by the following: — a summary of the relevant reasons …, and — a precise statement of the exact standstill period applicable pursuant to the provisions of national law transposing this paragraph.’
12

Article 318 of Directive 2006/112 provides: ‘1. In order to simplify the procedure for collecting the tax and after consulting the VAT Committee, Member States may provide that, for certain transactions or for certain categories of taxable dealers, the taxable amount in respect of supplies of goods subject to the margin scheme is to be determined for each tax period during which the taxable dealer must submit the VAT return referred to in Article 250. In the event that such provision is made in accordance with the first subparagraph, the taxable amount in respect of supplies of goods to which the same rate of VAT is applied shall be the total profit margin made by the taxable dealer less the amount of VAT relating to that margin. 2. The total profit margin shall be equal to the difference between the following two amounts: (a) the total value of supplies of goods subject to the margin scheme and carried out by the taxable dealer during the tax period covered by the return, that is to say, the total of the selling prices; (b) the total value of purchases of goods, as referred to in Article 314, effected by the taxable dealer during the tax period covered by the return, that is to say, the total of the purchase prices. 3. Member States shall take the measures necessary to ensure that the taxable dealers referred to in paragraph 1 do not enjoy unjustified advantage or sustain unjustified harm.’
4

Article 33(1) and (2) of Regulation No 2038/1999 provided as follows: ‘1. Before the end of each marketing year, there shall be recorded: (a) estimates of the production of A and B sugar, A and B isoglucose and A and B inulin syrup attributable to the marketing year in question; (b) estimates of the quantities of sugar, isoglucose and inulin syrup disposed of for consumption within the Community during the marketing year in question; (c) the exportable surplus obtained by subtracting the quantity referred to in (b) from the quantity referred to in (a); (d) estimates of the average loss or the average revenue per tonne of sugar for export obligations to be fulfilled during the current marketing year. This average loss or average revenue shall be equal to the difference between the total amount of refunds and the total amount of levies on the total tonnage of export obligations in question; (e) estimates of the total loss or the total revenue, obtained by multiplying the surplus referred to in (c) by the average loss or the average revenue referred to in (d). 2. Before the end of the 2000/2001 marketing year and without prejudice to Article 26(5), there shall be recorded cumulatively for the 1995/96 to 2000/2001 marketing year[s]: (a) the exportable surplus established, on the basis of the definitive production of A and B sugar, A and B isoglucose and, from the 1994/95 marketing year, A and B inulin syrup and the definitive quantity of sugar, isoglucose and, from the 1994/95 marketing year, inulin syrup disposed of for consumption within the Community; (b) the average loss or average revenue per tonne of sugar resulting from the total export obligations in question determined by following the calculating rule referred to in paragraph 1(d), second subparagraph; (c) the total loss or total revenue obtained by multiplying the surplus referred to in (a) by the average loss or the average revenue referred to in (b); (d) the total sum of the basic production levies and the B levies charged. The estimated total loss or total revenue referred to in paragraph 1(e) shall be adjusted on the basis of the difference between the amounts recorded in (c) and (d).’