ddrg/super_eurlex huggingface dataset:
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1 . Application for a declaration that a Member State has failed to fulfil its obligations - Non-compliance with a Commission decision on State aid - Decision not challenged by way of an application for its annulment - Submissions in defence - Absolute impossibility of implementation - Admissibility

( EEC Treaty, first and second subparagraphs of Art . 93(2 ) )

2 . Aid granted by States - Commission decision finding an aid to be incompatible with the common market - Difficulties of implementation - Obligation on the part of the Commission and the Member State to cooperate in seeking a solution consistent with the Treaty

( EEC Treaty, Art . 5 and first subparagraph of Art . 93(2 ) )

3 . Aid granted by States - Recovery of illegal aid - Application of national law - Conditions and limits - Interests of the Community to be taken into consideration

( EEC Treaty, first subparagraph of Art . 93(2 ) )

Summary

1 . Where proceedings are brought against a Member State for failure to fulfil its obligations by not implementing a decision which was addressed to it under the first subparagraph of Article 93(2 ) requiring it to recover illegal aid and which it did not seek to have annulled, the only defence left to the Member State in those proceedings is to plead that it was absolutely impossible for it to implement the decision properly .

2 . If, in giving effect to a decision finding an aid to be incompatible with the common market and ordering its recovery, a Member State encounters unforeseen and unforeseeable difficulties or perceives consequences overlooked by the Commission, it may submit these problems for consideration by the Commission, together with proposals for suitable amendments to the decision in question . In such a case the Commission and the Member State must in accordance with the principle underlying Article 5 of the Treaty, which imposes a duty of genuine cooperation on the Member States and Community institutions, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions, and in particular the provisions on aid .

3 . In so far as the procedure laid down by national law is applicable to the recovery of an illegal aid, the relevant provisions of national law must be applied in such a way that the recovery required by Community law is not rendered practically impossible . Where a provision requires the various interests involved to be weighed up before a defective administrative measure is withdrawn, the interests of the Community must be taken fully into consideration .
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Officials - Decision adversely affecting an official - Concept - Measure of internal organization - Excluded - Discretionary power of the administration - Limits - Position of officials under the Staff Regulations - Correspondence between grade and post

( Staff Regulations, Art . 25 )

Summary

An act which is no more than a management decision, such as a reassignment of duties within an administrative unit, which does not affect an official' s position under the Staff Regulations or infringe the principle that the post to which an official is assigned should correspond to his grade, does not constitute an act adversely affecting the official within the meaning of Article 25 of the Staff Regulations .

Such an act falls within the discretionary power which each administration has to allocate duties among the members of its staff . The administration is not in that case obliged to give the official concerned a hearing or to state the grounds on which the decision is based .
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1 . Free movement of goods - Trade with non-member countries - Inward processing arrangements - Triangular operations authorized by the national authorities after consultation with the Commission - Failure to levy intra-Community monetary compensatory amounts - Subsequent challenge by the Commission on the ground that traders had obtained an unjustified advantage - Not permissible

( Commission Directive 75/349, Art . 4 )

2 . Community law - Principles - Legal certainty - Rules imposing charges - Requirement of clarity and precision

Summary

1 . Having laid down, at the request of the national authorities dealing with an application by traders for the benefit of inward processing arrangements for triangular operations, the procedure to be followed for the application of Directive 75/349 to such triangular operations, the Commission must have taken the view that those operations could be authorized under that procedure without involving a notional trade in goods between the Member States concerned giving rise to the levying of intra-Community monetary compensatory amounts . Accordingly, the Commission cannot subsequently complain of those Member States' failure to foresee the possibility of levying such compensatory amounts and to consider that the benefit of inward processing arrangements had to be refused on account of the unjustified advantage, within the meaning of Article 4 of the aforesaid directive, gained by the traders concerned from non-payment of such monetary compensatory amounts .

2 . The principle of legal certainty requires that rules imposing charges on the taxpayer must be clear and precise so that he may know without ambiguity what are his rights and obligations and may take steps accordingly .
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Free movement of goods - Customs duties - Charges having an equivalent effect - Charging traders the cost of transactions carried out by frontier customs offices during normal business hours as laid down by Community provisions - Not permissible

( EEC Treaty, Arts 9 and 12; Council Directive 83/643, as amended, Art . 5(1)(a ) )

Summary

To charge traders in respect of intra-Community trade the cost of inspections and administrative formalities carried out during part of the normal business hours of customs offices at frontier posts as determined by the second indent of Article 5(1)(a ) of Directive 83/643, as amended by Directive 87/53, constitutes a failure by a Member State to fulfil its obligations under Articles 9 and 12 of the Treaty . In the case of a haulier who attends at a customs office during its normal business hours there is no specific service actually and individually rendered to him for which a charge may be made, in an amount proportionate to that service, without infringing the said provisions of the Treaty .
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Agriculture - Common organization of the markets - Milk and milk products - Export refunds - Fixing - Cheeses designated "Grana Padano" - Designation of cheeses produced in Italy alone - Rate of refund higher than that applicable to other Grana-type cheeses - Discrimination - None - Reflection of the need to take into account the objectives of the common commercial policy

( EEC Treaty, Art . 110; Regulation No 804/68 of the Council, Arts 17(2 ) and 33 )

Summary

The designation "Grana Padano", appearing since the end of 1979 in the lists of products annexed to the Commission' s periodical regulations fixing export refunds for milk and milk products, is intended to cover only Grana Padano cheese produced in Italy .

Since that cheese is subject on the Community market to legislative provisions which differ from those applicable to Grana-type cheeses produced in other parts of the Community, it is not contrary to the principle of equal treatment laid down by Article 17(2 ) of Regulation No 804/68 on the common organization of the market in milk and milk products to treat Grana Padano more favourably as far as export refunds are concerned .

Furthermore, Article 33 of the aforesaid regulation requires the Commission, when fixing the export refunds, to take account of considerations relating to the common commercial policy . The Commission would be in breach of that obligation if it extended the higher refund fixed for Italian Grana Padano to Grana-type cheeses produced in other parts of the Community since such a refund would make it possible for those cheeses to be sold below the world price, which could provoke a reaction by the Community' s trading partners and therefore jeopardize the attainment of one of the objectives of the common commercial policy set out in Article 110 of the Treaty, namely the harmonious development of world trade .
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Tax provisions - Internal taxation - Treaty provisions - Scope - Taxation apt to protect other products indirectly - Competing products - Rum and potable spirits distilled from wine and marc - Taxation system favouring domestic products to the detriment of competing imported products - Not permissible

( EEC Treaty, Art . 95 )

Summary

The purpose of Article 95, as a whole, is to ensure the free movement of goods between the Member States under normal conditions of competition, by eliminating all forms of protection which might result from the application of discriminatory internal taxation against products from other Member States, and to guarantee absolute neutrality of internal taxation as regards competition between domestic and imported products .

When applying that article, it must be considered that rum and potable spirits obtained from wine and marc, as products of distillation, are in competition with each other . Consequently, they may not be taxed in such as way as to favour national production .

It therefore constitutes a breach of its obligations under Article 95 for a Member State to tax rum originating in other Member States more heavily than other potable spirits of agricultural origin, such as those obtained from wine or marc, in so far as such differences in taxation affect the market in the products in question by reducing the consumption of imported products .
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1 . Officials - Actions - Prior administrative complaint - Decision rejecting the complaint of a candidate who was not promoted - Statement of reasons

( Staff Regulations, Art . 90(2 ) )

2 . Officials - Promotion - Consideration of comparative merits - Discretionary power of the administration - Limits - Observance of the conditions laid down in the vacancy notice

( Staff Regulations, Art . 45 )

3 . Officials - Actions - Claim for damages - Annulment of the illegal act in dispute - Whether annulment is appropriate reparation for non-material harm - Inappropriate - Harm separate from the harm caused by the annulled act

( Staff Regulations, Art . 91 )

Summary

1 . The appointing authority is not obliged to give reasons for a promotion decision in so far as they affect candidates who have not been promoted, but it is obliged to give reasons for its decision rejecting a complaint lodged under Article 90(2 ) of the Staff Regulations by a candidate who has not been promoted, since the reasons given for the rejection are deemed to be the same as those for the decision which was the subject of the complaint .

2 . Although the appointing authority, when promoting officials, has wide discretion in comparing the candidates' merits and reports, especially with a view to the post to be filled, it must exercise it within the self-imposed limits contained in the notice of vacancy .

3 . The annulment of an administrative act challenged by an official constitutes appropriate reparation for any non-material harm which he may have suffered .

Nevertheless, the annulment of the decisions appointing another candidate and rejecting the applicant' s candidature cannot in itself constitute appropriate reparation for the non-material harm which he suffered where an unfavourable but incorrect assessment of his abilities contained in the decision rejecting his complaint, which was offensive per se and was widely disseminated within the institution, caused him clear non-material harm independently of the decision rejecting his candidature .
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Agriculture - Common organization of the markets - Price formation - National measures - Incompatible with Community rules

Summary

The common organizations of the markets are based on the concept of an open market to which every producer has free access and the functioning of which is regulated solely by the instruments provided for in those organizations . In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price formation as established under the common organization .
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1 . Agriculture - Common agricultural policy - Expenditure financed by the EAGGF - Decision relating to the clearance of accounts - Decision subject to reservations - Permissible in view of the fact that the time-limit for the Commission' s decision is not mandatory

( Council Regulation No 729/70, Art . 5(2)(b ) )

2 . Agriculture - EAGGF - Clearance of accounts - Refusal to accept expenditure arising from irregularities in the application of Community legislation - Limitation by the Commission to the cost to the EAGGF of the irregularities - Disagreement on the cost calculated by the Commission - Burden of proof on the Member State concerned

( Council Regulation No 729/70 )

3 . Community law - Principles - Force majeure - Concept

4 . Agriculture - Common agricultural policy - Financing by the EAGGF - Principles - Refusal to charge to the fund expenditure incurred in breach of Community legislation - Application of the de minimis rule - Not applicable

( Council Regulation No 729/70 )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the Hellenic Republic to pay the costs .
Judgment of the Court (First Chamber) of 28 February 1989. - Blaupunkt-Werke GmbH v Oberfinanzdirektion Berlin. - Reference for a preliminary ruling: Bundesfinanzhof - Germany. - Common Customs Tariff - Composite video camera-recorder. - Case 245/87.



European Court reports 1989 Page 00573

Pub.RJ Page Pub somm



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Common Customs Tariff - Tariff headings - Composite television camera-cum-video recorder requiring an accessory to record television programmes - Classification under subheading 92.11 B - Conditions

Summary

According to the Explanatory Notes to the Common Customs Tariff Nomenclature which constitute an important factor in the interpretation of that tariff ( see judgments of 8 May 1974 in Case 183/73 Osram (( 1974 )) ECR 477 and of 26 February 1980 in Case 54/79 Hako-Schuh (( 1980 )) ECR 311 ) subheading 92.11 B concerning "television image and sound recorders or reproducers" covers composite apparatus incorporating within the same housing a television camera and a video recorder . That subheading must be interpreted as meaning that it also includes such apparatus where the latter is unable to record television programmes except by means of an accessory which must be obtained separately in so far as the accessory has only a secondary function in the recording of television progammes and its price is negligible in relation to the price of the composite apparatus .

Parties

In Case 245/87

REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesfinanzhof ( Federal Finance Court ) for a preliminary ruling in the proceedings pending before that court between

Blaupunkt-Werke GmbH, whose registered office is in Hildesheim,

and

Oberfinanzdirektion Berlin,

on the interpretation of subheadings 85.15 A IV and 92.11 B of the Common Customs Tariff ( Official Journal L 345, 8.12.1986, p . 1 ),

THE COURT ( First Chamber )

composed of R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

in answer to the questions referred to it by the Bundesfinanzhof, by order of 7 July 1987, hereby rules :

Operative part

Subheading 92.11 B of the Common Customs Tariff must be interpreted as meaning that it includes composite apparatus incorporating within the same housing a television camera and a video recorder which is unable to record television programmes except by means of an accessory which must be obtained separated in so far as the accessory has only a secondary function in the recording of television programmes and its price is negligible in relation to the price of the composite apparatus .
Judgment of the Court (First Chamber) of 27 April 1989. - Anna-Maria Fedeli v European Parliament. - Official - Deduction from salary. - Case 271/87.



European Court reports 1989 Page 00993

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Officials - Sick leave - Medical examination - Finding that absence was unauthorized - Use of the conclusions of a medical board required to decide on the suspension of official' s service on grounds of invalidity - Not allowed

( Staff Regulations, Arts 59 and 60 )

Summary

The object of the report drawn up by the medical board in proceedings relating to invalidity is to determine whether or not an official is fit permanently to perform the duties corresponding to a post in his career bracket and not to consider whether his temporary absence may be regarded as medically justified . It follows that the conclusions of that board, which considers that the conditions for suspending an official' s service on grounds of invalidity are not satisfied, may not be used as evidence of his physical fitness to perform his duties at a given time in view of the different nature of the assessment to be made in each case . An illness insufficiently serious to justify invalidity may on the other hand be capable of justifying an official' s temporary absence .

The unauthorized nature of such absence may be duly established for the purposes of Article 60 of the Staff Regulations and lead, where appropriate, to loss of remuneration for the corresponding period only as a result of medical examination such as that provided for in Article 59 of the Staff Regulations .

Parties

In Case 271/87

Anna-Maria Fedeli, an official of the European Parliament, residing in Luxembourg, represented by Victor Biel and Aloyse May, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Mr Biel, 18 A rue des Glacis,

applicant,

v

European Parliament, represented by Francesco Pasetti Bombardella, jurisconsult, and Manfred Peter, Head of Divison, assisted by Alex Bonn, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Mr Bonn, 22 côte d' Eich,

defendant,

APPLICATION for an order that the European Parliament pay the applicant the amounts deducted from her salary pursuant to Article 60 of the Staff Regulations together with interest thereon at 8% per annum and for damages for a service-related fault,

THE COURT ( First Chamber )

composed of R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Orders the European Parliament to pay the applicant the amounts deducted from her salary for the period from 3 July 1985 to 13 March 1986 together with default interest at 8%;

( 2 ) Orders the European Parliament to pay the costs .
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1 . Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Production aid - Producers' groups - Concept - Participation of non-producers - Permissibility - Conditions

( Council Regulation No 516/77, Art . 3a )

2 . Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Production aid - Conditions for the granting of aid - Supply contract concluded with a producers' group within the meaning of Regulation No 516/77 - Group recognized on a different basis - Excluded

( Council Regulation No 516/77, Art . 3a )

Summary

1 . Article 3a of Regulation No 516/77 on the common organization of the market in products processed from fruit and vegetables, which introduces a system of production aid, must be interpreted as meaning that a producers' group is characterized by the fact that it was established on the producers' initiative and is composed principally of producers . Those requirements do not preclude the participation of non-producers in the group, provided, however, that they do not hold a majority of votes in the group or have other means of controlling the group' s affairs .

2 . Article 3a of Regulation No 516/77 must be interpreted as meaning that a processing undertaking is not entitled to production aid under that regulation if the company with which it has concluded a contract for the supply of fresh fruit is not a recognized producers' group for the purposes of that provision . That remains true where the processing undertaking may have believed that the company in question had been recognized as a producers' organization under other provisions of Community law .
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Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable

( EEC Treaty, Art . 169 )

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 .