ddrg/super_eurlex huggingface dataset:
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Officials ° Remuneration ° Payment in the currency of the country of employment ° Weighting ° Special provisions and derogations applicable to officials serving in non-member countries ° Breach of the principles of equivalence of purchasing power and equal treatment ° None

(Staff Regulations, Art. 62; Annex X, Art. 12, first para.)

Summary

The appointing authority does not exceed the bounds of the discretion conferred on it by the first paragraph of Article 12 of Annex X to the Staff Regulations with reference to the payment of the remuneration of officials serving in non-member countries by following a practice with respect to remuneration under which the proportion of the remuneration payable, on request by the officials concerned, in the currency of and with the weighting for the country of employment is limited to 80%, but the possibility is reserved of allowing requests for payment of a higher proportion in cases where proper reasons have been given.

Unlike their counterparts serving within the Community, who are presumed to spend all of their remuneration in the country of employment, officials serving in non-member countries do not have to bear their accommodation costs or medical expenses there, in accordance with the system under Annex X to the Staff Regulations which applies to them, so that if the latter officials were able, without having to show any justification whatever, to obtain payment of their entire remuneration with the application of a favourable weighting, based on a higher cost of living than in Belgium or Luxembourg, they would receive unduly favourable treatment, which would constitute a breach of the principle of equality of remuneration of officials, which the weighting system is in fact intended to guarantee.

By applying such a policy which is objectively justified with respect to remuneration, the Commission is not acting in breach of Article 62 of the Staff Regulations nor is it depriving the officials in question of part of their salary.
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Social policy ° Male and female workers ° Equal pay ° Article 119 of the Treaty ° Applicability to private occupational pension schemes ° Finding in the judgment of 17 May 1990 in Case C-262/88 Barber ° Occupational pension scheme maintaining a lower retirement age for women in relation to benefits payable in respect of periods of service subsequent to entry into force of a uniform retirement age ° Not permissible ° Difference corresponding to a choice, implied or explicit, previously made by women ° No effect ° Creating equal treatment for those periods of service by abolishing advantages previously granted to women ° Permissible ° Creating equal treatment for periods of service between 17 May 1990 and entry into force of a uniform retirement age ° Application to men of the rule applicable to women

(EEC Treaty, Art. 119)

Summary

Article 119 of the Treaty does not allow an occupational pension scheme which, following the judgment in Case C-262/88 Barber sets a uniform retirement age for all its members to maintain in favour of women, as regards benefits payable in respect of periods of service completed after entry into force of the new rule, a retirement age lower than that for men, even if such a difference is due to an election made by women, either expressly or by implication, before the Barber judgment. As regards those periods of service, Article 119 does not preclude measures which bring about equal treatment by reducing the advantages of the previously favoured persons, since it merely requires that men and women receive the same pay for the same work, without, however imposing any specific level of pay.

As regards, however, periods of service between 17 May 1990, the date of the Barber judgment, and the date of entry into force of the rule by which the scheme imposes a uniform retirement age, Article 119 does not allow a situation of equality to be achieved otherwise than by applying to male employees the same arrangements as those enjoyed by female employees. Once the Court has found that discrimination in relation to pay exists and so long as measures to achieve equal treatment have not been adopted by the scheme, the only proper way of complying with Article 119 is to grant persons in the disadvantaged class the same advantages as those enjoyed by persons in the favoured class.
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Acts of the institutions ° Procedure for drawing up acts ° Due consultation of the Parliament ° Essential procedural requirement ° Scope ° Failure of Parliament to meet the obligation of genuine cooperation between institutions ° Effects

Summary

Due consultation of the Parliament in the cases provided for by the Treaty constitutes an essential procedural requirement, disregard of which renders the measure concerned void. The effective participation of the Parliament in the legislative process of the Community, in accordance with the procedures laid down by the Treaty, represents an essential factor in the institutional balance intended by the Treaty. Such power reflects the fundamental democratic principle that the people should take part in the exercise of power through the intermediary of a representative assembly.

Observance of the consultation requirement implies that the Parliament has expressed its opinion; the requirement cannot be satisfied by the Council' s simply asking for it. In an emergency, it is for the Council to use all the possibilities available under the Treaty and the Parliament' s Rules of Procedure in order to obtain the prior opinion of the Parliament.

However, the dialogue between institutions, on which the consultation procedure in particular is based, is subject to the same mutual duties of genuine cooperation as those which govern relations between Member States and the Community institutions.

The Parliament fails in its duty of genuine cooperation with the Council if, following a request from the Council which was justified having regard to the special relations between the Community and the developing countries and to the difficulties which would result from an abrupt interruption in the application of the system of generalized tariff preferences established in favour of certain products originating in those countries, it decides to deal with a draft regulation applying those preferences for the forthcoming year under its procedure for urgent cases, but then decides to adjourn the last plenary session during which the draft could have been debated in time without debating it. In those circumstances, the Parliament is not entitled to complain of the Council' s failure to await its opinion before adopting the contested regulation.
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1. Social security for migrant workers ° Unemployment ° Employed person insured, pursuant to an agreement between the competent authorities, in a Member State other than the Member State of employment and residence ° Applicability of Article 71(1)(b)(ii) of Regulation No 1408/71

(Council Regulation No 1408/71, Arts 17 and 71(1)(b)(ii))

2. Social security for migrant workers ° Legislation applicable ° Determination by agreement between Member States ° Retroactive effect ° Whether permissible

(Council Regulation No 1408/71, Arts 17 and 71(1)(b)(ii))

Summary

1. The factor which determines whether Article 71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment. It follows that Article 71(1)(b)(ii) also applies to an unemployed person, other than a frontier worker, who during his last employment resided in the Member State in which he worked, even where, in derogation from Article 13(2)(a) of that Regulation, and pursuant to Article 17 thereof, the competent authorities of two Member States were in agreement that the employed person was to remain subject to the social security legislation of one of those Member States, not being the one in whose territory he was employed.

2. Article 71(1)(b)(ii) of Regulation No 1408/71 applies to a person other than a frontier worker who is unemployed and who, during his last employment, while residing in the Member State in which he worked was, under an agreement between the competent authorities pursuant to Article 17 of the Regulation, subject to the legislation of another Member State, even where the said agreement came into being when the employed person was already working and residing in the territory of one and the same Member State.

There is nothing in the wording of Article 17 to indicate that recourse to the derogation made available to the Member States by that provision is possible only as regards the future. On the contrary, it follows from the spirit and scheme of Article 17 that an agreement within the meaning of that provision must also be capable, in the interests of the worker or workers concerned, of covering past periods
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1. Appeals ° Interest in bringing proceedings ° Examination by the Court of its own motion

2. Actions for annulment ° Actionable measures ° Concept ° Measures with binding legal effects ° Administrative procedure applying the rules of competition ° Letter from the Commission terminating an investigation

Summary

1. The Court may of its own motion raise the objection that a party has no interest in bringing or in maintaining an appeal on the ground that an event subsequent to the judgment of the Court of First Instance removes the prejudicial effect thereof as regards the appellant, and declare the appeal inadmissible or devoid of purpose for that reason. For an applicant to have an interest in bringing proceedings the appeal must be likely, if successful, to procure an advantage to the party bringing it.

2. An institution which is empowered to find that there has been an infringement and to impose a sanction in respect of it and to which private persons may make complaint, as is the case with the Commission in the field of competition, necessarily adopts a measure which produces legal effects and which may, as such, be the subject of proceedings for annulment when it terminates, wholly or in part, an investigation initiated upon that complaint.
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1. Free movement of capital ° Restrictions ° Housing benefit requirement making grants to borrowers of an interest rate subsidy subject to their having taken out a loan with a credit institution established in the national territory ° Not permissible

(EC Treaty, Art. 67)

2. Freedom to provide services ° Restrictions ° Housing benefit requirement making the grant to borrowers of an interest rate subsidy subject to their having taken out a loan with a credit institution established in the national territory ° Justification on grounds of public interest or by the need to guarantee the integrity of the fiscal regime ° None

(EC Treaty, Arts 56 and 59)

Summary

1. It is not compatible with Article 67 of the Treaty for a Member State to make the grant of a housing benefit, in particular an interest rate subsidy, subject to the requirement that the loans intended to finance the construction, acquisition or improvement of the housing which is to benefit from the subsidy have been obtained from a credit institution approved in that Member State, which implies that it must be established there.

Such a requirement is liable to dissuade borrowers from approaching banks established in another Member State and therefore constitutes an obstacle to liberalized movement of capital, which include bank loans.

2. It is not compatible with Article 59 of the Treaty for a Member State to make the grant of a housing benefit, in particular an interest rate subsidy, subject to the requirement that the loans intended to finance the construction, acquisition or improvement of the housing which is to benefit from the subsidy have been obtained from a credit institution approved in that Member State, which implies that it must be established there.

That requirement leads in the case of services such as the provision of building loans by banks to discrimination against providers of such services established in other Member States, which is prohibited by that article and is not justified under the derogations authorized by Article 56 of the Treaty, which do not include economic aims, or by the need to maintain the integrity of the national fiscal regime, since there is no direct link between the grant of the interest rate subsidy to borrowers on the one hand and its financing by means of the profit tax on financial establishments on the other.
Case C-392/93





The Queen

v

H.M. Treasury,

ex parte British Telecommunications plc







(Reference for a preliminary rulingfrom the High Court of Justice, Queen's Bench Division, Divisional Court)

«(Reference for a preliminary ruling – Interpretation of Directive 90/531/EEC – Telecommunications – Transposition into national law – Obligation to pay compensation in the event of incorrect implementation)»

Opinion of Advocate General Tesauro delivered on 28 November 1995

Judgment of the Court, 26 March 1996

Summary of the Judgment

1.. Approximation of laws – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 90/531 – Determination of the telecommunications services excluded from its scope – Power vested in the contracting entities – Incorrect transposition by a Member State – Obligation of the State to pay compensation for damage suffered by a contracting entity – None

(Council Directive 90/531, Art. 8(1))

2.. Approximation of laws – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 90/531 – Scope – Exclusion of contracts concluded by entities offering their services under competitive conditions – Verification as a matter of fact and of law – Criteria

(Council Directive 90/531, Art. 8(1))

3.. Community law – Breach by a Member State – Implementation of a directive – Obligation to pay compensation for damage caused to individuals – Conditions

1.

2.

3.
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1. Court of Justice ° Organization ° Composition of chambers ° Second paragraph of Article 165 of the Treaty, permitting the formation of chambers consisting of three or five judges ° Organization of the Court into chambers consisting of a higher number of judges not precluded thereby

(EC Treaty, Art. 165, second para.)

2. Freedom of movement for persons ° Workers ° Equal treatment ° Access to education for the children of workers ° "Child" ° Definition ° Exclusion of children who are over 21 years of age and no longer dependants of their parents ° Not permissible

(Council Regulation No 1612/68, Art. 12)

Summary

1. The second paragraph of Article 165 of the Treaty, which allows chambers to be formed so that certain cases may be adjudicated by three or five judges, is without prejudice to the fact that, for reasons relating to the judicial organization of the Court, the three or five judges assigned to adjudicate in a particular case may belong to a chamber consisting of a higher number of judges.

2. The definition of "child" for the purposes of Article 12 (on access to education for the children of migrant workers) of Regulation No 1612/68 is not subject to the same conditions of age or dependency as are the rights governed by Article 10(1) and Article 11 of that regulation, and therefore Article 12 may encompass children who are over 21 years of age and no longer dependants of their parents.

It would conflict not only with the letter but also with the spirit of Article 12, which lays down the principle of equal treatment for all forms of education, to interpret it in a way which renders students already at an advanced stage in their education ineligible for the financial assistance available in the host Member State as soon as they reach 21 years of age or are no longer dependants of their parents.
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Free movement of goods ° Customs duties ° Charges having equivalent effect ° Meaning ° "Transit charge" provided for in a private agreement, designed to compensate a private undertaking for bearing costs deriving from the performance by the customs authorities and veterinary services of their tasks as providers of services in the public interest ° Included

(EEC Treaty, Arts. 9 and 12)

Summary

Articles 9 and 12 of the Treaty, which prohibit the levying of customs duties and charges having equivalent effect in intra-Community trade, must be interpreted as applying to a "transit charge" designed to compensate a private undertaking for bearing costs arising from the performance by the customs and veterinary services of their tasks as providers of services in the public interest even if it has not been imposed by the State but arises from an agreement concluded by a private undertaking with its customers.

Those articles require the Member States to bear the costs of the controls and formalities carried out in connection with the movement of goods across frontiers and therefore prohibit, in intra-Community trade, the charging to economic agents, whether by virtue of a unilateral measure adopted by the authorities or as a result of a series of private contracts, of the costs of inspections and administrative formalities carried out by customs offices, the only charges authorized being those which constitute consideration for a specific service actually rendered to an economic agent individually. However, a charge which applies generally to all vehicles in international transit whose load is cleared through customs within the confines of the road station and does not confer on economic agents, in connection with the completion of customs procedures, any advantages other than those which derive from the Community transit procedure which was established in the interests of the common market by Regulations Nos 542/69 and 222/77, does not fall within that category.
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Customs union ° Release for free circulation of goods brought into the customs territory of the Community ° Failure to comply with the time-limit for making a declaration ° Extension granted by the competent national authority ° Additional levy imposed ° Permissible

(Council Regulation No 4151/88, Arts 15(1) and 19)

Summary

Regulation No 4151/88 does not preclude the national customs authority from authorizing an extension, after their expiry, of the periods laid down in Article 15(1) thereof for the declaration of release for free circulation of goods brought into the customs territory of the Community, if the circumstances so justify.

Furthermore, neither Article 19 of that regulation, which requires the customs authority to take all measures necessary to regularize the situation of goods in respect of which the formalities are not initiated within the abovementioned periods, nor Community law in general precludes the customs authority from requiring the payment of a sum, other than the customs duties and any expenses arising from the temporary storage of goods, for accepting a declaration for their release for free circulation after the expiry of those periods, provided that the amount of that sum is determined in accordance with the principle of proportionality and under conditions which are analogous to those applicable in national law to infringements of the same nature and gravity. It is for the national court to determine whether a 5% surcharge is consistent with those principles.
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Competition ° Community rules ° Obligations of the Member States ° Free movement of goods ° National legislation which makes the opening of shops subject to a licence ° Licence issued by the mayor on the mandatory opinion of a municipal committee ° Compatibility ° Conditions

(EC Treaty, Arts 3(g), 5, 30, 85 and 86)

Summary

Articles 3(g), 5, 30, 85 and 86 of the Treaty must be interpreted as not precluding rules of a Member State which make the opening of new shops subject to the grant of a licence issued by the mayor on the mandatory opinion of a municipal committee, where the members of that committee appointed or nominated by traders' organizations to give expert advice are in the minority and its opinions must have regard to the public interest, and where the mayor, who holds the power of decision, is obliged to take into account public interest criteria laid down in a commercial development plan drawn up by the municipality.

Such legislation

° neither requires nor favours the adoption of agreements, decisions or concerted practices contrary to Article 85, nor does it reinforce their effects, or delegate to private operators responsibility for taking decisions affecting the economic sphere

° does not create either a dominant position for the various traders taken individually or a collective dominant position for all the traders established in a municipality, a salient feature of which would be that traders did not compete against one another

° makes no distinction according to the origin of the goods distributed by the businesses concerned, nor is its purpose to regulate trade in goods with other Member States, and the restrictive effects which it might have on the free movement of goods are too uncertain and indirect for the obligation which it imposes to be regarded as being capable of hindering trade between Member States.
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Approximation of laws ° Information procedure in the field of technical rules and regulations ° Obligation for Member States to communicate to the Commission any draft technical regulation ° Scope ° Authorization to use, under specified conditions and by derogation from the regulation already in existence, substitute products for the manufacture of a foodstuff ° Included, irrespective of the effects it may have on trade between Member States

(Council Directive 83/189, Arts 1(5) and 8(1))

Summary

Under Articles 1(5) and 8(1) of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, Member States are required to communicate to the Commission forthwith, irrespective of the effects which it may have on trade between Member States, any draft technical specifications, the observance of which is compulsory in the case of the marketing or use of a product in its territory. A Member State fails to fulfil that obligation where, without notifying it to the Commission at the drafting stage, it adopts a regulation derogating from a decree on the manufacture of margarine by authorizing the use, under specified conditions, of substitute products listed therein.