ddrg/super_eurlex huggingface dataset:
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Community law Interpretation Account to be taken of declarations Declarations by the United Kingdom of Great Britain and Northern Ireland on the definition of the term nationals

(1972 Act of Accession, Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland on the definition of the term nationals, replaced by the 1982 Declaration)

Summary

$$The 1972 Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland on the definition of the term nationals, annexed to the Final Act of the Treaty concerning the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the European Communities, must be taken into consideration as an instrument relating to the Treaty for the purpose of its interpretation and, more particularly, for determining the scope of the Treaty ratione personae.

Although unilateral, this declaration was intended to clarify an issue of particular importance for the other Contracting Parties inasmuch as it was intended to define those United Kingdom nationals who would benefit from the provisions of the Treaty and, in particular, from the provisions relating to the free movement of persons. The other Contracting Parties were fully aware of its content and the conditions of accession were determined on that basis. Furthermore, adoption of that declaration did not have the effect of depriving any person who did not satisfy the definition of a national of the United Kingdom of rights to which that person might be entitled under Community law but rather had the consequence that such rights never arose in the first place for such a person.

The 1982 Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland on the definition of the term nationals was an adaptation of the 1972 Declaration necessitated by the adoption, in 1981, of a new Nationality Act. It substantially designated the same categories of persons as the 1972 Declaration and has not been challenged by the other Member States. It follows that reference must be made to this latter declaration in order to determine whether a person is a national of the United Kingdom of Great Britain and Northern Ireland for the purposes of Community law.

( see paras 23 to 27 and operative part )
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Transport Road transport Social legislation Checks Periods of work other than periods of driving within the meaning of Article 15 of Regulation No 3821/85 Definition

(Council Regulation No 3821/85, Art. 15)

Summary

$$On a proper construction of Article 15 of Regulation No 3821/85 on recording equipment in road transport, a driver's obligation to record all other periods of work extends to time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph and which is not at the driver's home or the employer's operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver. During such periods the driver is satisfying an obligation towards his employer and therefore does not freely dispose of his time.

Similarly, on a proper construction of Article 15, that obligation extends to periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No 3821/85 before taking over a vehicle to which that regulation applies.

( see paras 23, 35, 39 and operative part )
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(Art. 226 EC)

Summary

$$A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.

( see para. 10 )
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1. Social security for migrant workers Community rules Material scope Benefits included and benefits excluded Distinguishing criteria Benefits under a national social security scheme covering the risk of reliance on care Included as a sickness benefit

(Council Regulation No 1408/71, Art. 4(1)(a))

2. Social security for migrant workers Sickness insurance National social security scheme covering the risk of reliance on care Sickness benefits in cash Condition that the insured person reside in the territory of the Member State where he is insured Not permissible

(Council Regulation No 1408/71, Art. 19(1))

Summary

1. A benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71. That is the case with a care allowance which is granted objectively on the basis of a legally defined situation. Such benefits are essentially intended to supplement sickness insurance benefits, to which they are, moreover, linked at the organisational level, in order to improve the state of health and quality of life of persons reliant on care. In those circumstances, even if they have their own characteristics, such benefits must be regarded as sickness benefits within the meaning of Article 4(1)(a) of Regulation No 1408/71.

( see paras 25-26, 28 )

2. Article 19(1)(b) of Regulation No 1408/71 and the corresponding provisions of the other sections of Chapter 1 of Title III of that regulation preclude entitlement to a care allowance under the legislation of a Member State, which is to be regarded as a sickness benefit in cash, from being subject to the condition that the person reliant on care must be habitually resident in that State.

In accordance with those provisions, the care allowance, which is to be regarded as a sickness benefit in cash, must be provided irrespective of the Member State in which a person reliant on care, who satisfies the other conditions for receipt of the benefit, is resident.

( see paras 35-36 and operative part )
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1. Tax provisions - Harmonisation of laws - Tax exemptions applicable to temporary importation of means of transport - Normal residence within the meaning of Directive 83/182 - Definition - Determination in the case of both personal and professional ties in two Member States

(Council Directive 83/182, Art. 7(1))

2. Tax provisions - Harmonisation of laws - Tax exemptions applicable to temporary importation of means of transport - Infringement of importation arrangements - Penalties imposed by a Member State - Whether permissible - Conditions - Regard for the principle of proportionality

(Council Directive 83/182)

3. Tax provisions - Harmonisation of laws - Tax exemptions applicable to temporary importation of means of transport - Infringement of importation arrangements - Penalties imposed by a Member State - Determination - Account taken of good faith of offender - Condition

(Council Directive 83/182)

Summary

1. Article 7(1) of Directive 83/182 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another must be interpreted as meaning that, where a person has both personal and occupational ties in two Member States, his normal residence, determined in the context of an overall assessment by reference to all the relevant facts, is that where the permanent centre of interests of that person is located; in the event that such an overall assessment does not result in its determination, primacy must be given to personal ties.

( see para. 60, operative part 1 )

2. National legislation which provides, in the event of infringement of the temporary importation arrangements laid down by Directive 83/182 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another, for a series of penalties including, in particular:

- fines set at a flat rate on the basis of the sole criterion of the vehicle's cubic capacity, without taking its age into account,

- increased duty which can amount to up to ten times the taxes in question,

is compatible with the principle of proportionality only in so far as it is made necessary by overriding requirements of enforcement and prevention, when gravity of the infringement is taken into account.

( see para. 71, operative part 2 )

3. In proceedings concerning infringements relating to temporary importation of certain means of transport, neither Directive 83/182 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another nor other rules of Community law prevent its being excluded that ignorance of the applicable rules should lead to automatic exoneration from all penalties. None the less, where determination of the arrangements applicable has given rise to difficulties, account must be taken of the good faith of the offender when determining the penalty actually imposed on him.

( see para. 77, operative part 3 )
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Social policy - Protection of workers' health and safety - Directive 93/104 concerning certain aspects of the organisation of working time - National rules making entitlement to paid annual leave subject to completion of a minimum period of employment with the same employer - Not permissible

(Council Directive 93/104, Art. 7(1))

Summary

$$Article 7(1) of Directive 93/104 concerning certain aspects of the organisation of working time does not allow a Member State to adopt national rules under which a worker does not begin to accrue rights to paid annual leave until he has completed a minimum period of 13 weeks' uninterrupted employment with the same employer.

( see para. 64 and operative part )
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Preliminary rulings - Costs - Payment - Application of domestic law rules - Conditions - Limits

(Art. 234 EC; Rules of Procedure of the Court of Justice, Art. 104(5))

Summary

$$Article 104(5) of the Rules of Procedure of the Court of Justice, in codified version 1999/C 65/01 of 6 March 1999, is to be interpreted as meaning that payment of the costs incurred by the parties to the main proceedings for the purposes of the procedure under Article 234 EC for obtaining a preliminary ruling is governed by the domestic law rules applicable to the proceedings before the national court, provided that those rules are not less favourable than those applicable to similar procedural steps which may be taken in such proceedings in accordance with national law.

( see para. 32 and operative part )
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Competition - Community rules - Obligations of the Member States - National legislation requiring a national court hearing an application for an order for payment of the fees of a person carrying on a profession to follow the opinion of a professional association - Opinion ceasing to be binding in the event of a challenge by the debtor before the court - Compatibility

(EC Treaty, Arts 5 and 85 (now Arts 10 EC and 81 EC))

Summary

$$Articles 5 and 85 of the Treaty (now Articles 10 EC and 81 EC) do not preclude national legislation which, in the context of a summary procedure for the recovery of debts relating to the fees of a person carrying on a profession, requires the court seised of the dispute to follow the opinion of a professional association of which the person is a member in relation to the settlement of those fees in so far as that opinion ceases to be binding where the debtor initiates proceedings inter partes.

( see para. 23 )
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1. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - National legislation generally prohibiting the export of such waste - Justification - Principles of proximity, priority for recovery and self-sufficiency - Obligation to review the compatibility of those rules with Articles 34 and 36 of the Treaty (now, after amendment, Articles 29 EC and 30 EC) - No such obligation

(EC Treaty, Arts 34 and 36 (now, after amendment, Arts 29 EC and 30 EC); Council Regulation No 259/93, Art. 4(3)(a)(i))

2. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - National legislation introducing an obligation to offer such waste to an approved body - Waste not allocated to a treatment centre for which that body is responsible - Shipment to treatment installations in other Member States - Condition - Compliance with the national legislation on environmental protection of the State effecting the shipment - Not permissible

(Council Regulation No 259/93, Art. 4(3))

3. Environment - Waste - Regulation No 259/93 on shipments of waste - Waste for disposal - Notification procedure applicable to shipments between Member States - Application by a State, before the implementation of that procedure, of its own procedure - Not permissible

(Council Regulation No 259/93, Arts 3, 4 and 5)

Summary

1. Where a national measure generally prohibiting exports of waste for disposal is justified by the principles of proximity, priority for recovery and self-sufficiency, in accordance with Article 4(3)(a)(i) of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, it is not necessary for that national measure to be subject to a further and separate review of its compatibility with Articles 34 and 36 of the Treaty (now, after amendment, Articles 29 EC and 30 EC).

( see para. 46 and operative part 1 )

2. Article 4(3) of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community does not authorise a Member State which has adopted legislation introducing an obligation to offer waste for disposal to an approved body to provide that, where the waste is not allocated to a treatment centre for which that body is responsible, its shipment to treatment installations in other Member States is authorised only on condition that the intended disposal satisfy the requirements of the environmental protection legislation of that Member State.

( see para. 65, and operative part 2 )

3. Articles 3 to 5 of Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, which define the procedure applicable to shipments between Member States of waste for disposal, preclude a Member State from applying to such shipments, before the implementation of the notification procedure laid down in the regulation, its own procedure in relation to the offer and allocation of the waste.

( see para. 76 and operative part 3 )
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1. Freedom to provide services - Restrictions - Requirement that undertakings providing services pay the minimum remuneration laid down by the national rules of the host Member State - Whether permissible - Conditions - Assessment by national authorities or national courts - Declared intention of the legislature - Effect

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC) and Art. 60 (now Art. 50 EC))

2. Freedom to provide services - Restrictions - Entitlement, by concluding a collective agreement specific to one undertaking, to pay wages lower than the minimum wage laid down in a collective agreement declared to be of general application - Right reserved to national employers - Not permissible

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC))

Summary

1. In principle Community law does not preclude a Member State from requiring an undertaking established in another Member State which provides services in the territory of the first State to pay its workers the minimum remuneration laid down by the national rules of that State.

In assessing whether the application by the host Member State to service providers established in another Member State of domestic legislation laying down a minimum wage is compatible with Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC), it is for the national authorities or, as the case may be, the national courts to determine whether, considered objectively, that legislation provides for the protection of posted workers. In that regard, although the declared intention of the legislature cannot be conclusive, it may nevertheless constitute an indication as to the objective pursued by the legislation.

( see paras 21, 30, and operative part 1 )

2. The fact that, in concluding a collective agreement specific to one undertaking, an employer established in one Member State can pay wages lower than the minimum wage laid down in a collective agreement declared to be generally applicable, whilst an employer established in another Member State cannot do so, gives rise to unequal treatment and constitutes an unjustified restriction on the freedom to provide services.

( see paras 34-35, and operative part 2 )
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1. Agriculture - Approximation of laws - Directive 83/417 - Rules concerning the placing on the market within the Community of certain lactoproteins (caseins and caseinates) intended for human consumption - Absolute prohibition - Absence

(Council Directive 83/417, Art. 2)

2. Community law - Principles - Interpretation - Conception of Community law as a coherent whole

3. Agriculture - Common organisation of markets - Milk and milk products - Aid for processing of skimmed milk into casein and caseinates - Concept of finished product - Residues of finished products - Exclusion

(Commission Regulation No 2921/90, Arts 1(1) and (3))

Summary

$$1. It follows from Article 2, first indent, of Directive 83/417 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption, that those lactoproteins may only be marketed within the Community if they conform to the definitions and rules laid down in that directive and its annexes. Nevertheless, Article 2 provides, in its second indent, that where products do not satisfy the criteria laid down in the annexes. Member States are to take all the necessary steps to ensure that those products are named and labelled in such a way that the buyer is not misled as to their nature, quality or use. It therefore follows from the wording of Article 2 of Directive 83/417 that that provision does not lay down an absolute prohibition on the marketing within the Community of caseins and caseinates that do not meet the requirements of that directive, but rather is limited to indicating certain criteria as well as an alternative solution for the case where those criteria have not been satisfied.

( see paras 27-29 )

2. Article 2 of Directive 83/417 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption cannot serve as a basis for a legal prohibition which, given the conception of Community law as a coherent whole, would influence the common organisation of agricultural markets.

( see para. 30 )

3. It is clear from the wording of Article 1(1) and (3) of Regulation No 2921/90 on aid for the production of casein and caseinates from skimmed milk that aid is granted for the production of a finished product from certain basic products, the processing of which took place on a single day. The accumulation over several days and the reprocessing of residues of an already finished product clearly does not meet that definition, since it does not constitute production from basic products.

That interpretation is supported by the method of calculating the amount of aid, which already takes account of the existence of a certain percentage of residues and under which aid could not be granted a second time for the reprocessing of residues.

( see paras 41-42 )
Case C-195/99 P





Krupp Hoesch Stahl AG

v

Commission of the European Communities





«(Appeal – Agreements and concerted practices – European producers of beams)»

Opinion of Advocate General Stix-Hackl delivered on 26 September 2002 I - 0000

Judgment of the Court (Fifth Chamber), 2 October 2003 I - 0000

Summary of the Judgment

1.. Appeals – Grounds – Erroneous assessment of the facts – Inadmissible – Appeal dismissed

(Art. 32d(1) CS; ECSC Statute of the Court of Justice, Art. 51)

2.. Competition – Decision applying competition rules – Judicial review – Scope – Limits

(ECSC Treaty, Arts 33 and 65; Arts 81 EC and 82 EC)

3.. ECSC – Agreements – Concerted practice – Meaning – Criteria of coordination and cooperation – Interpretation – Agreement on the exchange of information

( ECSC Treaty, Art. 65(1); Art. 81(1) EC)

4.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines for infringement of the competition rules – Merely desirable that the method of calculating the fine be disclosed

(ECSC Treaty, Art. 15, first para., and Art. 65(5))

5.. Proceedings – Duration of the proceedings before the Court of First Instance – Reasonable period – Criteria of assessment

1.

2.

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5.
Case C-392/99





Commission of the European Communities

v

Portuguese Republic





«(Failure of a Member State to fulfil obligations – Directive 75/439/EEC – Disposal of waste oils – Incomplete transposition)»

Opinion of Advocate General Stix-Hackl delivered on 7 March 2002 I - 0000

Judgment of the Court (Sixth Chamber), 10 April 2003 I - 0000

Summary of the Judgment

1.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States to adopt legislation under which the issue to operators of the requisite permits is expressly conditional upon compliance with the conditions laid down by the directive

(Council Directive 75/439, as amended by Directive 87/101, Art. 6(2))

2.. Actions for failure to fulfil obligations – Subject-matter of the dispute – Subject-matter determined in the course of the pre-litigation procedure – Adjustment of the subject-matter because of an amendment to Community law – Permissible – Conditions

(Art. 226 EC)

3.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States to provide for periodical inspections of operators and the review of permits issued

(Council Directive 75/439, as amended by Directive 87/101, Art. 13)

4.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States periodically to convey information concerning matters learnt from application of the directive – Scope

(Council Directive 75/439, as amended by Directive 87/101, Art. 17)

1.

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Common Customs Tariff - Eligibility for a favourable tariff arrangement by reason of the goods' end use - Temporary suspension of autonomous Common Customs Tariff duties on dates - Conditions under which applicable

(Council Regulations Nos 1517/91, 1431/92 and 1421/93; Commission Regulation No 4142/87)

Summary

$$Regulation No 4142/87, determining the conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-use, and Regulations Nos 1517/91, 1431/92 and 1421/93, temporarily suspending the autonomous Common Customs Tariff duties on a number of agricultural products, do not preclude dates imported in original packings of a net content not exceeding 11 kg from being eligible for suspension of the autonomous Common Customs Tariff duties provided for in the latter three regulations and applying to dates, fresh or dried, for packing for retail sale into immediate packings of a net content not exceeding 11 kg. In order to achieve the purpose of the tariff suspension, namely to protect the interests of user industries and processing industries, it is sufficient that dates have actually been packed or repacked before sale, irrespective of the weight of the content of the packings in which they are imported into the Community.

( see paras 34, 37-38, 40 and operative part )