ddrg/super_eurlex huggingface dataset:
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Common Customs Tariff - Importation free of import duties - Arrangements for goods returned to the customs territory of the Community - Products excluded from the arrangements - Exhaustive set of rules laid down by the Council - Amendment by the Commission on the basis of its implementing powers in agricultural matters - Not permissible - Provision whereby products previously held in intervention are to be treated as products excluded from the arrangements for returned goods - Illegal

( Council Regulation No 754/76, Art . 2(1 ); Commission Regulation No 1687/76, Art . 13a )

Summary

The wide interpretation of the implementing powers of the Commission in agricultural matters can be accepted only in the specific framework of the rules on agricultural markets . It cannot be relied upon to justify a provision adopted by the Commission on the basis of its implementing powers in agricultural matters where the purpose of the provision lies outside that sphere but within a sector subject to an exhaustive set of rules laid down by the Council . Thus, neither the influence which the application of the arrangements for returned goods may have on the functioning of the intervention machinery nor the need to prevent fraud can enable the Commission, in the absence of any power to that effect, to amend the scope of Council Regulation No 754/76 on the customs treatment applicable to goods returned to the customs territory of the Community, so as to exclude, as it did by adopting Article 13a of Regulation No 1687/76, inserted in that Regulation by Regulation No 45/84, agricultural products previously held in intervention . Consequently, Article 13a is invalid .
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1.Officials - Actions - Interest in bringing proceedings - Action seeking compensation for non-material damage - Admissibility

( Staff Regulations of Officials, Art . 91 )

2.Officials - Duty of assistance on the part of the administration - Scope

( Staff Regulations of Officials, Art . 24 )

Summary

1.An official has an interest in bringing proceedings where he does so in order to seek compensation for non-material damage resulting from the injury to his reputation arising from the fact that he may be regarded as having been the cause of a violent confrontation within a department and having behaved in a manner unworthy of an official .

2.The Community institutions' duty to protect officials under Article 24 of the Staff Regulations, which also covers attacks on those officials by other officials, only arises once the facts in question have been established .

Although the administration is required, when faced with an incident which is incompatible with the good order and tranquillity of the service, to intervene with all the necessary vigour so as to ascertain the facts and to take the appropriate action in full knowledge of the matter, it cannot take disciplinary action against an official unless the preliminary measures ordered establish with certainty that the official concerned has engaged in conduct detrimental to the proper functioning of the service or to the dignity and reputation of another official .
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Agriculture - Monetary compensatory amounts - Determination - "Mixtures" within the meaning of Article 30(3 ) of Regulation No 1371/81 - Concept

( Commission Regulation No 1371/81, Art . 30(3 ) )

Summary

Article 30(3 ) of Regulation No 1371/81 laying down detailed rules for the administrative application of monetary compensatory amounts must be interpreted as meaning that the term "mixtures" refers to all products composed of two or more substances, irrespective of their tariff classification, and applies to mixtures falling under Chapters 2, 10 or 11 of the Common Customs Tariff even if certain components of those mixtures fall under another chapter of the Common Customs Tariff .
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Agriculture - Common organization of the market - Sheepmeat and goatmeat - Market support measures - Premium scheme - Option to pay a variable slaughter premium limited to a specific region of a Member State - Equal treatment - Infringement - None

( EEC Treaty, Arts 39(2 ) and 40(3 ), second subparagraph; Council Regulation No 1837/80, Arts 5 and 9, as amended by Regulation No 871/84 )

Summary

Having regard to the institutions' discretion in implementing a common market organization and to Article 39(2 ) of the Treaty, the fact that the Community legislature, in Regulation No 871/84, removed for all production regions with the exception of Great Britain the option of paying the variable slaughter premium provided for in respect of sheepmeat and goatmeat by Regulation No 1837/80, on the ground that only the British market required support measures of that kind, does not constitute an infringement of the principle of equal treatment, of which Article 40(3 ) of the Treaty is merely one expression .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Requirement to make a prior declaration for the purpose of ensuring that a veterinarian is involved in the completion of the administrative formalities upon the importation of fresh poultrymeat - Requirement going beyond administrative formalities for crossing frontiers - Not permissible

( EEC Treaty, Art . 30; Council Directives 71/118 and 83/643 )

Summary

A Member State which systematically requires carriers of fresh poultrymeat to make a prior declaration of the goods in order to ensure systematic veterinary inspection thereby fails to fulfil its obligations under Article 30 of the EEC Treaty, under Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat and under Directive 83/643/EEC on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States .

Although the use of veterinarians rather than officials having general authority to inspect goods at the frontier for the completion of administrative formalities, which may themselves be systematic, is not prohibited, it is subject to the condition that the use of veterinarians neither delays the completion of the formalities on the crossing of the frontier nor transforms the administrative formalities into veterinary inspections, and that the formalities or constraints do not go beyond the normal requirements inherent in the crossing of the frontier by any goods, whatever their nature .
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1.Officials - Administration' s obligation to provide assistance - Scope

( Staff Regulations of Officials, Art . 24 )

2.Officials - Actions - Jurisdiction of the Court - Limits

( EEC Treaty, Art . 179 )

Summary

1.Whilst it is true that in order to discharge its obligation to provide assistance under Article 24 of the Staff Regulations, the administration enjoys a discretion, subject to review by the Court, regarding the choice of ways and means, that obligation is particularly pressing with respect to complex litigation concerning pension rights, since the Commission has for a considerable period been aware of the reasons for the requests for technical and financial assistance made by officials in order bring such actions against a Member State as may be appropriate to settle the problem of the transfer of pension rights acquired by them under a pension scheme of that State .

Any Commission decision rejecting such requests must therefore be annulled .

2.In proceedings brought by officials under Article 179 of the EEC Treaty, it is not for the Court to decide whether the Commission has properly fulfilled its duty of supervision under, inter alia, Article 155 of the EEC Treaty .
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Agriculture - Common organization of the markets - Meat of bovine animals - Export refunds - Special refunds for certain boned meat - Conditions for the grant thereof - Exportation of the total quantity of cuts from hindquarters of adult male cattle placed under supervision - Negligible part missing of no effect

( Commission Regulation No 1964/82, Art . 6(1 ) )

Operative part

The first paragraph of Article 6 of Regulation ( EEC ) No 1964/82 is to be interpreted as meaning that the grant of the special refund is conditional on exportation of the total quantity of pieces from hindquarters placed under supervision . However, the fact that a negligible part of that total quantity is missing does not, in the absence of bad faith, constitute sufficient grounds for considering that the condition relating to exportation has not been met with regard to the remainder of the meat .
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Approximation of laws - Waste - Directives 75/442 and 78/319 - Concept - Objects capable of economic reutilization - Included

( Council Directives 75/442, Art 1, and 78/319, Art . 1 )

Summary

The concept of waste, within the meaning of Article 1 of Directive 75/442 and Article 1 of Directive 78/319, is not to be understood as excluding substances and objects which are capable of economic reutilization . The concept does not presume that the holder disposing of a substance or an object intends to exclude all economic reutilization of the substance or object by others .
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1 . Social security for migrant workers - Invalidity insurance - Calculation of benefits - Highest amount equal to the amount of the full benefit payable under the legislation of a single Member State - Application of the Community anti-overlapping rule

( EEC Treaty, Art . 51; Council Regulation No 1408/71, Art . 46(3 ) )

2 . Social security for migrant workers - Invalidity insurance - Benefits - Adjustment - Recalculation - Reduction of only one of the benefits - Obligation on the part of the institution reducing its benefits to bear the expense of the overpayments made in the interim - Obligation ruled out

( Council Regulations No 1408/71, Art . 51(2 ) and No 574/72, Art . 112 )

Summary

1 . Article 46(3 ) of Council Regulation No 1408/71 must be interpreted as meaning that the highest theoretical amount of benefits calculated according to Article 46(2)(a ) constitutes the limit on the benefits which may be claimed by a migrant worker under Community legislation, even where that theoretical amount is equal to the full benefit payable under the legislation of a single Member State .

On that interpretation, the provisions in question are not incompatible with Article 51 of the EEC Treaty, since Article 46 of Regulation No 1408/71 is applicable only if it allows a migrant worker to be granted benefits at least as high as those payable under the legislation of one State alone .

2 . When a recalculation of benefits pursuant to Article 51(2 ) of Regulation No 1408/71 leads to a reduction in the benefit paid by the institution of one Member State, without any adjustment to the benefit paid by the institution of another Member State, and the second institution thus holds no pension arrears payable to the recipient of the benefits, Article 112 of Regulation No 574/72 does not oblige the first institution to bear the expense of the benefits overpaid during the period needed for recalculating the benefits .
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Agriculture - Common organization of the markets - Rice - Import levies - Mixture of rice and broken rice - Determination of applicable rate - Determination by reference to the percentage of broken rice - Broken rice grains characterized by length compared with that of whole grains - Method of measuring average length of whole grains - Measurement of grains in a sample taken from the imported consignment - Principles of legal certainty and equality - Whether infringed - Not infringed

( Regulation No 2729/75 of the Council, Art . 2(2 ), and Regulation No 1418/76, Annex A, point 3 )

Summary

In order to determine, in accordance with Regulation No 2729/75, the rate of import levy applicable to a mixture of rice and broken rice, it is necessary to determine the proportion of the mixture accounted for by its principal component . Since grains of broken rice are to be distinguished from whole grains, pursuant to point 3 of Annex A to Regulation No 1418/76, by reference to their length in comparison with that of whole grains, determination of the percentage of broken rice in the mixture presupposes determination of the average length of the whole grains . For that purpose, it is necessary to consider the average length of the whole grains in a sample from the consignment of imported rice, excluding grains which are not fully developed, and not to refer to the average length of whole grains as certified, for the variety of rice in question, by the competent authorities in the country of origin .

Understood in that sense, point 3 of Annex A does not create any inequality or uncertainty in the application of the levy system provided for in Regulation No 2729/75 such as to bring that system into conflict with the general principles of Community law .
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1 . Agriculture - Common organization of the markets - Aid scheme - Authorization conferred on the Commission - Scope - Laying down of time-limits and of penalties

2 . Agriculture - Special measures for peas and field beans - Aid for products used in the manufacture of animal feedingstuffs - Non-observance of the period for notification of the entry of products into the undertaking - Total loss of entitlement to the aid - Principle of proportionality - Infringement - None

( Council Regulation No 1431/82, Art . 3 ., Commission Regulation No 2192/82, Art . 18(1 ), as amended by Regulation No 3322/82 )

Summary

1 . In the exercise of the powers conferred on it by the Council with a view to implementing a common organization of the markets in the agricultural sector, the Commission is authorized to adopt all the detailed rules of application necessary for the proper functioning of the system of aid provided for, so long as they are not contrary to the basic regulation or the implementing rules of the Council . The duty of management and supervision with which the Commission is thus entrusted entails the power to fix periods and to provide for appropriate penalties for their non-observance which may go as far as the total loss of the right to aid if observance of those periods is necessary for the proper functioning of the scheme in question .

2 . Compliance with the obligation to notify the competent agency of the entry into the undertaking of the products, at the latest on the entry thereof, provided for in Article 18(1 ) of Regulation No 2192/82 as amended by Regulation No 3322/82, is a condition for the grant of aid provided for in Article 3 of Council Regulation ( EEC ) No 1431/82 laying down special measures for peas and field beans . Even if Article 18(1 ) of Regulation No 2192/82, as amended by Regulation No 3322/82, does not in fact mention the possibility of a penalty or the kind of penalty which might be imposed for failure to observe the period thus laid down, compliance therewith is nevertheless essential for the proper functioning of the aid scheme and may, therefore, even having regard to the requirements of the principle of proportionality, be ensured by a penalty such as loss of entitlement to aid .
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Fisheries - Conservation of fishery resources - National measures of a local nature authorized by Community rules - Prohibition on nationals' carrying a particular type of net on fishing vessels while they are sailing in waters adjacent to part of the national territory - Prohibition of discrimination on grounds of nationality inapplicable - Discrimination between producers or consumers - None - Interference with the fundamental right to the free exercise of a professional activity - None

( EEC Treaty, Arts 7 and 40(3 ), second subparagraph; Council Regulation No 171/83, Art . 19(2 ) )

Summary

A measure adopted by a Member State prohibiting its nationals from carrying a particular type of net on fishing vessels when they are sailing in waters adjacent to part of the coast of that State falls within the scope of Article 19(2 ) of Regulation No 171/83, which authorizes Member States to take strictly local measures, applying to national fishermen only, designed to limit catches by technical measures in addition to those adopted at Community level, provided that those measures are compatible with Community law .

Such a measure is not contrary to Article 7 of the Treaty, because that provision does not oblige the Member States to treat their own nationals equally . Moreover, even though it lays down restrictions which are specifically imposed on only some fishermen from the Member State in question, it is not contrary to the second subparagraph of Article 40(3 ) of the Treaty, which the Member States must comply with when they are adopting measures, concerning only their own nationals, pursuant to a Community regulation relating to the organization of the agricultural markets . Differential treatment cannot be described as arbitrary where it is justified by the conservation aims pursued .

Neither does such a measure interfere with the fundamental right to the free exercise of a professional activity, since it is justified by an objective of general interest and leaves the substance of the right to fish untouched .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Concept - Measures adopted by a body under State control

( EEC Treaty, Art . 34 )

2 . Free movement of goods - Quantitative restrictions on exports - Measures having equivalent effect - Non-reimbursement of a charge connected with the stockpiling of petroleum products in the event of the exportation of such products

( EEC Treaty, Art . 34; Council Directive 68/414 )

Summary

1 . The acts of a body subject to the control and direction of public authorities may, irrespective of that body' s legal form, constitute "measures" within the meaning of Article 34 of the Treaty if they are capable of affecting trade between Member States .

2 . Article 34 of the Treaty must be interpreted as meaning that it does not preclude traders who are not affiliated to an organization established for the purpose of performing the legal obligations imposed on its members under the law implementing Directive 68/414 on the maintenance of stocks of petroleum products and who wish to export products purchased on the domestic market from being denied the possibility of obtaining a refund of contributions paid by their supplier to that body and passed on in the sale price or from being enabled to obtain such refund under certain conditions, provided that there is no difference in treatment between products intended for export and those placed on the domestic market of the Member State concerned .
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1. Competition - Public undertakings and undertakings to which Member States grant special or exclusive rights - Undertaking having a monopoly over operating the public telecommunications network - Sale, on a competitive basis, of telephone equipment - Power to lay down technical standards applicable to telephone equipment and to check that competing undertakings have complied with those standards - Not permissible

(EEC Treaty, Arts 3(f), 86 and 90) )

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Type-approval by a public undertaking of telephone equipment not supplied by it and intended to be connected to the public network - Absence of any right of appeal to the courts - Not permissible

(EEC Treaty, Art. 30)

Summary

1. Articles 3(f), 86 and 90 of the EEC Treaty preclude a Member State from granting to the undertaking which operates the public telecommunications network the power to lay down standards for telephone equipment and to check that the economic operators meet those standards when it is itself competing with those companies on the market for that equipment.

To entrust to an undertaking which markets telephone equipment the task of drawing up specifications for such equipment, of monitoring their application and granting type-approval in respect thereof is tantamount to conferring on it the power to determine at will which equipment can be connected to the public network and thus gives it an obvious advantage over its competitors which is inimical to the equality of chances of traders, without which the existence of an undistorted system of competition cannot be guaranteed. Such a restriction on competition cannot be regarded as justified by a public service of general economic interest within the meaning of Article 90(2) of the Treaty.

2. Article 30 of the Treaty precludes a public undertaking from being given the power to approve telephone equipment which is intended to be connected to the public network and which it has not supplied if the decisions of that undertaking cannot be challenged before the courts.

Although overriding requirements concerning the protection of users as consumers of services and the protection of the public network and its proper functioning justify the existence of a procedure for type-approval of the said equipment, the absence of any possibility of challenge before the courts could enable the authority granting type-approval to adopt an attitude which was arbitrary or systematically unfavourable to imported equipment.