ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1 . Action against a Member State for failure to fulfil obligations - Commission' s right of action - Discretionary exercise

( EEC Treaty, Art . 169 )

2 . Member States - Obligations - Failure to comply with such obligations - Justification - None permissible

( EEC Treaty, Art . 169 )

3 . Action against a Member State for failure to fulfil obligations - Examination by the Court as to whether such an action is well founded - Circumstances to be taken into account - Circumstances existing at the expiry of the period laid down in the reasoned opinion

( EEC Treaty, Art . 169 )

Summary

1 . Under the system established by Article 169 of the Treaty, the Commission enjoys a discretionary power in deciding whether to institute proceedings for a declaration that a Member State has failed to fulfil obligations and it is not for the Court to decide whether such discretion was wisely exercised .

2 . A Member State may not plead internal circumstances in order to justify failure to comply with obligations and time-limits resulting from Community law .

3 . In an action brought under Article 169 of the Treaty, the question whether there has been a failure to fulfil obligations must be examined on the basis of the position in which the Member State found itself at the end of the period laid down in the reasoned opinion; subsequent changes cannot be taken into account by the Court .
Keywords

Summary



Keywords

++++

Free movement of persons - Freedom of establishment - Provisions of the Treaty - Not applicable to a situation purely internal to a Member State

( EEC Treaty, Art . 52 )

Summary

The provisions of the Treaty on freedom of establishment do not apply to purely internal situations in a Member State such as a situation where nationals of a Member State engage within its territory in a self-employed professional activity in respect of which they cannot rely on any previous training or experience in another Member State .
Keywords

Operative part



Keywords

++++

Member States - Obligations - Compliance with directives - Failure to fulfil obligations - Justification - Not acceptable

(EAEC Treaty, Art. 141)

Operative part

(1) Declares that, by failing to adopt within the prescribed time-limits the provisions necessary to comply with Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation and Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom, the Italian Republic has failed to fulfil its obligations under the EAEC Treaty;

(2) Orders the Italian Republic to pay the costs.
Judgment of the Court of 11 May 1989. - Commission of the European Communities v Kingdom of Belgium. - Mergers and division of public limited liability companies; transposition of certain directives in international law. - Case 46/88.



European Court reports 1989 Page 01133

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

++++

Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Summary

As the Court has consistently held, a Member State may not plead provisions, practices or circumstances in its internal legal system in order to justify a failure to comply with obligations and time-limits laid down by Community directives .

Parties

In Case 46/88

Commission of the European Communities, represented by Jean Amphoux, member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Kingdom of Belgium, represented by Robert Houbaer, Director of Administration at the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, acting as Agent, with an address for service in Luxembourg at the Belgium Embassy, 4 rue des Girondins,

defendant,

APPLICATION for a declaration that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 78/855 of 9 October 1978 concerning mergers of public limited liability companies ( Official Journal L 295, p . 36 ) and with Council Directive 82/891 of 17 December 1982 concerning the division of public limited liability companies ( Official Journal L 378, p . 47 ), the Kingdom of Belgium has failed to fulfil its obligations under the Treaty,

THE COURT,

composed of : O . Due, President, T . Koopmans, R . Joliet and F . Grévisse ( Presidents of Chambers ), Sir Gordon Slynn, C . N . Kakouris, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and M . Díez de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Declares that, by not adopting within the prescribed periods the provisions necessary to comply with Council Directive 78/855 of 9 October 1978 concerning mergers of public limited liability companies and with Council Directive 82/891 of 17 December 1982 concerning the division of public limited liability companies, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .
Keywords

Summary



Keywords

++++

Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Legislation prohibiting retailers from opening their premises on Sundays ° Whether permissible

(EEC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays.
Keywords

Summary



Keywords

++++

Common Customs Tariff - Tariff headings - "Original engravings, prints and lithographs" within the meaning of Heading No 99.02 and "Artists' screen prints" covered by Regulation No 1945/86 - Characteristic production process - Original design executed by hand by the artist for reproduction - Art photographs - Not included - To be classified under subheading 49.11 B

Summary

Original engravings, prints and lithographs within the meaning of Heading No 99.02 of the Common Customs Tariff and artists' screen prints under subheading 49.11 B which are covered by Regulation No 1945/86 temporarily suspending the autonomous Common Customs Tariff duties on a number of industrial products are characterized by the personal intervention of the artist in executing the original by hand, and only the reproduction of the original may be carried out by means of a mechanical printing process .

Art photographs therefore cannot be classified under Heading No 99.02, nor may they be regarded as artists' screen prints covered by Regulation No 1945/86 . All photographs must be classified, regardless of whether or not they are artistic, under subheading 49.11 B of the Common Customs Tariff, a residual heading which covers all artistic printed matter not listed or referred to in any other heading of the Common Customs Tariff .
Keywords

Summary



Keywords

++++

1 . Social security for migrant workers - Benefits - National anti-overlapping rules - Entitlement under national legislation alone - Applicability - Limits - Community rules more favourable to the worker

( Council Regulation No 1408/71, Arts 12(2 ) and 46(3 ) )

2 . Social security for migrant workers - Benefits - National anti-overlapping rules - Not applicable to recipients of benefits of the same kind calculated in accordance with Regulation No 1408/71 - Early retirement pension and invalidity pension - Treated as benefits of the same kind

( Council Regulation No 1408/71, Arts 12(2 ) and 46 )

3 . Social security for migrant workers - Benefits - National anti-overlapping rules - Classification, for the purposes of the application of national anti-overlapping rules, of benefits under different national schemes - Matter governed by national law

Summary

1 . Where a worker receives a pension by virtue of national legislation alone, the provisions of Regulation No 1408/71 do not preclude that legislation from being applied to him in its entirety, including any national rules against overlapping benefits . However, if the application of national legislation alone proves to be less favourable to him than that of the rules laid down in Article 46 of that regulation, Article 46 must be applied . In the latter case, Article 46(3 ), which is designed to limit the overlapping of acquired benefits, in accordance with the rules laid down in Article 46(1 ) and ( 2 ), is applicable, to the exclusion of the anti-overlapping rules laid down by the national legislation .

2 . An early retirement pension acquired under the legislation of one Member State and an invalidity pension acquired under the legislation of another Member State are to be treated as benefits of the same kind within the meaning of Article 12(2 ) of Regulation No 1408/71, according to which the provisions of the legislation of a Member State for the reduction, suspension or withdrawal of a benefit in cases of overlapping with other social security benefits acquired in that same Member State or under the legislation of another Member State are not to apply when the person concerned receives benefits of the same kind in respect of invalidity, old age, death ( pensions ) or occupational disease paid by the institutions of the different Member States concerned .

3 . When the legislation of only one Member State is applied, the classification, in the light of the anti-overlapping rules contained in that legislation, of an early retirement pension awarded under the legislation of that State alone, and of an invalidity pension awarded by another Member State is not governed by Community law .
Keywords

Summary



Keywords

++++

1.Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Sixth Directive - Territorial scope - Transport services carried out between two points within national territory but partly outside it - Requirement to tax - None - Consequence - Exclusion from the own resources basis

( Council Regulation No 2892/77; Council Directive 77/388 )

2.Community law - Principles - Legal certainty - Rules capable of entailing financial consequences - Common system of value-added tax as a basis for the system of own resources of the European Communities

Summary

1.Since the Sixth Directive ( 77/388 ) on the harmonization of the laws of the Member States relating to turnover taxes contains no rule requiring the Member States to subject to VAT the parts of the journey constituting a transport service which take place beyond their territorial limits in international space, even where the transport is carried out, without a stop in another State, between two points within the same national territory, it cannot be interpreted as requiring the French Republic to tax transport operations between its mainland territory and the départements of Corsica as regards that part of the journey occurring in or above international waters . Consequently, that Member State was under no obligation to include, in accordance with Regulation No 2892/77, the turnover relating thereto in the VAT own resources basis .

2.Certainty and foreseeability are requirements which must be observed all the more strictly in the case of Community rules liable to entail financial consequences . That is the case with Community rules on VAT, given the Member States' obligation to make available to the Community as own resources a proportion of the amounts collected as VAT .
Keywords

Summary



Keywords

++++

Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Exemptions provided for in the Sixth Directive - Exemption of the supply of goods for the fuelling and provisioning of vessels - Conditions

( Council Directive 77/388, Art . 15(4 ) )

Summary

Article 15(4 ) of the Sixth Directive ( 77/388 ) exempting from value-added tax the supply of goods for the fuelling and provisioning of vessels must be construed to the effect that only supplies to a vessel operator of goods to be used by that operator for fuelling and provisioning are to be regarded as such, and not supplies of those goods effected at a previous marketing stage . However, there is no requirement that the goods should be actually loaded on board the vessels at the time of their supply to the operator, so that the storage of the goods after delivery and before the actual fuelling and provisioning operation does not cause the benefit of the exemption to be lost .
Keywords

Summary



Keywords

++++

Environment - Conservation of wild birds - Directive 79/409 - Power of the Member States to go beyond the protective measures prescribed - Scope - Prohibition on the importation of a species which is neither migratory nor endangered and which may lawfully be hunted in the exporting Member State - Not permissible - Justification under Article 36 of the Treaty - None

( EEC Treaty, Art . 36; Council Directive 79/409, Art . 14 )

Summary

Article 14 of Directive 79/409 on the conservation of wild birds, which authorizes the Member States to adopt stricter protective measures than those provided for under the directive, applies only to migratory or endangered species, with the result that Member States are required, with regard to the other bird species covered, to bring into force the laws, regulations and administrative provisions necessary to comply with the directive, but are not authorized to adopt stricter protective measures except as regards species occurring within their territory .

It follows that a prohibition on the importation and marketing of a bird species which does not occur in the territory of the legislating Member State but is found in another Member State where it may lawfully be hunted under the terms of the directive and under national legislation and which is neither migratory nor endangered within the meaning of the directive is contrary to the directive and cannot be justified by Article 36 of the Treaty since this matter has already been the subject of exhaustive harmonization .
Keywords

Summary



Keywords

++++

1 . Freedom of movement for persons - Freedom of establishment - Provisions of the Treaty - To whom applicable - Scope - Limits

( EEC Treaty, Art . 52 )

2 . Freedom of movement for persons - Freedom of establishment - Doctors - Activities restricted to doctors - Lack of Community harmonization - Definition by the Member States - Inclusion of osteopathy - Permissible

( EEC Treaty, Art . 52 )

Summary

1 . Article 52 of the EEC Treaty cannot be interpreted in such a way as to exclude from the benefit of Community law a given Member State' s own nationals where the latter, owing to the fact that they have lawfully resided in the territory of another Member State and have there acquired a vocational qualification which is recognized by the provisions of Community law are, with regard to their Member State of origin, in a situation which may be regarded as equivalent to that of any other person enjoying the rights and liberties guaranteed by the Treaty .

However, it is not possible to disregard the legitimate interest which a Member State may have in preventing certain of its nationals, by means of facilities created under the Treaty, from attempting to evade the application of their national legislation as regards vocational training . That is true in particular where the fact that a national of a Member State has obtained in another Member State a diploma whose scope and value are not recognized by any Community provision might place his Member State of origin under an obligation to allow him to exercise the activities covered by that diploma within its territory even though access to those activities is restricted there to the holders of a higher qualification which enjoys mutual recognition at Community level and there is nothing to indicate that the restriction is arbitrary .

2 . In the absence of harmonization at Community level regarding activities which fall solely within the scope of the practice of medicine, Article 52 of the EEC Treaty does not preclude a Member State from restricting an activity ancillary to medicine such as, in particular, osteopathy exclusively to persons holding the qualification of doctor of medicine .
Keywords

Summary



Keywords

++++

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National rules restricting the use of the description "prepared meat product" to products which comply with certain requirements concerning composition - Application to products imported from another Member State - Not permitted

( EEC Treaty, Arts 30 and 36 )

Summary

Articles 30 and 36 of the Treaty preclude the application to products imported from another Member State of national rules which restrict the use of the description "prepared meat product" to products whose ratio of water content to content of organic non-fatty substances does not exceed a certain value, when the imported products are lawfully manufactured and marketed in the Member State of origin under an equivalent designation and purchasers are provided with proper information .
Keywords

Summary



Keywords

++++

Tax provisions - Harmonization of laws - Indirect taxes on the raising of capital - Granting of an interest-free loan to a company by one of its members - Subjection to capital duty - Whether permissible - Basis of assessment - Interest saved

(Council Directive 69/335, Art. 4(2)(b) )

Summary

Article 4(2)(b) of Directive 69/335, concerning indirect taxes on the raising of capital, allows the Member States to subject to capital duty an interest-free loan granted to a heavily over-indebted capital company by one of its members on the basis of its utility value, that is to say the amount of interest saved, which is to be determined by the national court.

Owing to the resultant saving in interest, the grant of such a loan leads to an increase in the company' s assets and by helping to increase its economic potential is capable of increasing the value of the company' s shares.
Case C-372/89

Gold-Ei Erzeugerverbund GmbH

v

Überwachungsstelle für Milcherzeugnisse und Handelsklassen

Reference for a preliminary ruling from the Verwaltungsgericht Schleswig-Holstein

‛Common organization of the market in eggs — Marketing standards — Indication of date of laying’

Report for the Hearing

Opinion of Mr Advocate General Tesauro delivered on 13 November 1990 47

Judgment of the Court (First Chamber), 15 January 1991 50

Summary of the Judgment

Agriculture — Common organization of the markets — Eggs — Marketing standards — Marking of eggs or packs — Indication from which the date of laying may be inferred — Prohibited

(Regulation No 2772/75 of the Council, Art. 21, as amended by Regulation No 1831/84)

The prohibition of any indication of the date of laying, as such, on packs of eggs, laid down by Article 21 of Regulation No 2772/75, as amended by Regulation No 1831/84, also applies to an indication on the outside or inside of a pack from which that date may be inferred; such an indication cannot be classified as a statement designed to promote sales which is authorized by that provision.
Keywords

Summary



Keywords

++++

1. Approximation of laws - Protection of consumers in respect of contracts negotiated away from business premises - Directive 85/577 - Protected consumer - Concept - Trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business - Not covered

(Council Directive 85/577, Art. 2)

2. Approximation of laws - Protection of consumers in respect of contracts negotiated away from business premises - Directive 85/577 - National legislation extending to traders the protection provided by the directive - Whether permissible

(Council Directive 85/577, Art. 8)

Summary

1. A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Council Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises.

It follows from Article 2 of that directive that the criterion for the application of protection lies in the connection between the transactions which are the subject of the canvassing and the professional activity of the trader: the latter may claim that the directive is applicable only if the transaction in respect of which he has been canvassed lies outside his trade or profession. Acts which are preparatory to the sale of a business are connected with the professional activity of the trader; although such acts may bring the running of the business to an end, they are managerial acts performed for the purpose of satisfying requirements other than the family or personal requirements of the trader.

2. Directive 85/577 does not preclude national legislation on canvassing from extending the protection which it affords to cover traders acting with a view to the sale of their business.

Article 8 of that directive, which leaves Member States free to adopt or maintain more favourable provisions to protect consumers in the field covered by the directive, cannot be interpreted as precluding those States from adopting measures in an area with which it is not concerned, such as that of the protection of traders.
Keywords

Summary



Keywords

++++

1. Free movement of persons - Workers - Right of residence in order to seek employment - Length of stay - Stay limited to six months by the legislation of a Member State - Permissibility - Conditions

(EEC Treaty, Art. 48(3))

2. Community law - Interpretation - Acts of the Institutions - Declaration of the Council recorded in the minutes - Whether to be taken into consideration - Not in the absence of a reference in the measure in question

Summary

1. The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may be limited, but, in order for the effectiveness of Article 48 to be secured, persons concerned must be given a reasonable time in which to apprise themselves, in the territory of the Member State concerned, of offers of employment corresponding to their occupational qualifications and to take, where appropriate, the necessary steps in order to be engaged.

In the absence of a Community provision prescribing the amount of time, it is not contrary to Community law for the legislation of a Member State to provide that a national of another Member State who entered the first State in order to seek employment may be required to leave the territory of that State (subject to appeal) if he has not found employment there after six months, unless the person concerned provides evidence that he is continuing to seek employment and that he has genuine chances of being engaged.

2. A declaration recorded in the Council minutes at the time of the adoption of a provision of secondary legislation cannot be used for the purpose of interpreting that provision where no reference is made to the content of the declaration in the wording of the provision in question and the declaration therefore has no legal significance.
Keywords

Operative part



Keywords

++++

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Legislation prohibiting the marketing of sex articles from certain outlets - Whether permissible

(EEC Treaty, Art. 30)

Operative part

Article 30 of the EEC Treaty should be construed as meaning that national provisions prohibiting the sale of lawful sex articles from unlicensed sex establishments do not constitute a measure having an effect equivalent to a quantitative restriction on imports.