ddrg/super_eurlex huggingface dataset:
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1. Free movement of persons - Freedom of establishment - Freedom to provide services - Derogations - Activities connected with the exercise of official authority - Traffic accident experts for judicial purposes - Exclusion - Declarations of certain Member States entered in the minutes of a meeting of the Council - Lack of effect

(EEC Treaty, Arts 52, 55 and 59)

2. Acts of the institutions - Directives - Implementation by the Member States - Directive intended to create rights for individuals - Mere administrative circular insufficient

(EEC Treaty, Art. 189, third para.)

Summary

1. Since expert' s reports on traffic accidents are not binding on the courts and leave the discretion of the judicial authority intact, the activity of an expert appearing before the court in that context cannot be regarded as participating in the exercise of official authority within the meaning of Article 55 of the Treaty and consequently exempted from the application of the rules of the Treaty on freedom of establishment and freedom to provide services.

In that respect, declarations that certain Member States may have caused to be entered in the minutes of a meeting of the Council are of little significance, since the objective scope of rules of Community law can be derived only from those rules themselves, having regard to their context.

2. Where a directive is aimed at creating rights for individuals, implementing measures must not only be binding on the public authorities, but must also enable the beneficiaries to ascertain the full extent of their rights and to rely on them, where necessary, before the national courts. A mere administrative circular does not comply with those requirements.
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1. Member States - Obligations - Implementation of directives - Failure to implement - Justification - None

(EEC Treaty, Art. 169)

2. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Inadequacy of mere administrative practices

(EEC Treaty, third paragraph of Art. 189)

Operative part

1. Declares that, by failing to adopt within the prescribed periods the provisions necessary to implement Council Directive 85/433/EEC of 16 September 1985 and Council Directive 85/584/EEC of 20 December 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the EEC Treaty;

2) Orders the Grand Duchy of Luxembourg to pay the costs.
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1. Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EEC Treaty, Art. 169)

2. Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - National legislation requiring the date of manufacture and the place of production to be indicated - Not permissible

(Council Directive 79/112)

Operative part

1. By requiring manufacturers of extruded pasta products to state on the label the date of manufacture and the place of origin or provenance of the product, the Italian Republic has failed to fulfil its obligations under points 4 and 7 of Article 3(1) of Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (Official Journal 1979 L 33, p. 1);

2. The Italian Republic is ordered to pay the costs.
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Tax provisions - Harmonization of laws - Turnover taxes - Common system of value added tax - Deduction of input tax - Capital goods - Adjustment of the deduction initially made - Conditions for the applicability of Article 20(2) of the Sixth Directive - Acquisition of goods by a taxable person for the purposes of his economic activities - Criteria for assessment - Taxable person satisfying those conditions - Right of deduction - Restrictive national measure - Subject to the rules on derogations

(Council Directive 77/388, Arts 4, 17, 20(2) and 27(1) and (5) )

Summary

Article 20(2) of the Sixth Directive, which concerns adjustments to the deductions of value added tax initially made in respect of capital goods, does no more than establish the procedure for calculating the adjustments to the initial deduction. It cannot therefore give rise to any right to deduct or convert the tax paid by a taxable person in respect of his non-taxable transactions into tax that is deductible within the meaning of Article 17. For it to be applicable, it is necessary for a person to acquire capital goods in his capacity as a taxable person and allocate them to his economic activity within the meaning of Article 4 of the Sixth Directive. However, in such a case the immediate use of the goods for taxable or exempt supplies does not in itself constitute a precondition for its application.

Whether, in a particular case, a taxable person has acquired goods for the purposes of his economic activity within the meaning of Article 4 of the Sixth Directive is a question of fact which must be determined in the light of all the circumstances of the case, including the nature of the goods concerned and the period between the acquisition of the goods and their use for the purposes of the taxable person' s economic activity.

A taxable person who uses goods for the purposes of an economic activity has the right on the acquisition of those goods to deduct input tax in accordance with the rules laid down in Article 17 of the Sixth Directive, however small the proportion of business use. A rule or administrative practice imposing a general restriction on the right of deduction in cases where there is limited, but none the less genuine, business use constitutes a derogation from Article 17 of the directive and is valid only if the requirements of Article 27(1) or Article 27(5) of the directive are met.
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Tax provisions - Harmonization of laws - Turnover tax - Common system of value added tax - Right of Member States to maintain certain exemptions during a transitional period - Scope - Introduction of new exemptions - Not permissible

(Council Directive 77/388, Art. 2(1) and 28(3)(b) )

Summary

A Member State which, in implementation of the Sixth Directive on the harmonization of the laws of the Member States relating to turnover taxes has subjected, as provided for in Article 2(1) of the Directive, professional services, including those the consideration for which consist of copyright, provided by figurative artists, writers, literary contributors in newspapers and magazines, newspaper and magazine illustrators and photographers, composers of music, playwrights and persons responsible for the plot, adaptation, script or dialogue of audio-visual works, is no longer entitled subsequently to grant exemption for those activities in reliance on the right granted by Article 28(3)(b) of the directive to continue to exempt, during the transitional period, services supplied by authors, artists and performers.
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1. Social security of migrant workers - Employed person - Meaning within the terms of Article 73(1) of Regulation No 1408/71 - Self-employed person having paid contributions as employed person - Treatment as an employed person - Not permissible

(Regulation No 1408/71 of the Council, Article 1(a), (i) and (ii), and Article 73(1) ) )

2. Free movement of persons - Freedom of establishment - National of a Member State having the status of self-employed person in the territory of that State after having had that of employed person in another Member State - Refusal to pay child benefit for a child not residing on the territory of the State - Whether permissible

(EEC Treaty, Art. 52)

Summary

1. A self-employed person who, in the event of his involuntarily ceasing to work, is entitled to unemployment benefits by virtue of contributions paid or credited as an employed person is not an "employed person" for the purposes of Article 73(1) of Regulation No 1408/71, as amended by Regulation No 1390/81, read in conjunction with Article 1(a)(i) and (ii) of that regulation.

2. Article 52 of the Treaty does not preclude the application to one of its nationals of legislation of a Member State which restricts child benefits to children residing in the territory of that State, during a period where, after having been employed in another Member State and had a child there, that person returns alone to his Member State of origin and works there as a self-employed person.
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EEC Treaty, Art. 169)

Operative part

1. Declares that, by failing to draw up programmes for reducing the tonnage and/or volume of containers of liquids for human consumption in household waste to be finally disposed of, as provided for in Article 3 of Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption, the Kingdom of Spain has failed to fulfil its obligations under the EEC Treaty.

2. Orders the Kingdom of Spain to pay the costs.
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Aid granted by States - Commission decision imposing conditions on the authorization to pay aid to an undertaking - Subsequent payment to the same undertaking of additional aid beyond the terms of the authorization granted - Procedures open to the Commission under Article 93(2) of the Treaty - Institution of proceedings before the Court under the second subparagraph or of an examination procedure under the first subparagraph - Illegality of a decision establishing the incompatibility of additional aid with the common market and ordering its reimbursement without first having recourse to the procedure laid down by Article 93(2), first subparagraph

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

Summary

A decision by which the Commission finds that aid granted by a Member State to an undertaking is illegal, because it was granted in breach of a previous decision authorizing aid to the same undertaking subject to certain conditions, and by which it orders reimbursement of the aid must be annulled where it has been adopted without the procedure laid down by Article 93(2), second subparagraph, being followed.

It was for the Commission, when confronted by such a situation, either to refer the matter to the Court directly under the second subparagraph of Article 93(2) of the Treaty, if it considered that the Member State in question had not complied with certain conditions imposed on it by its previous decision, or to institute the special examination procedure provided for by Article 93(2), first subparagraph, if it considered that the Member State had granted new aid which had not been examined under the procedure leading to the adoption of its previous decision.
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1. Officials - Promotion - Administration' s discretion - Judicial review - Limits

(Staff Regulations, Art. 45)

2. Officials - Applications - Pleas in law - Misuse of powers - Meaning

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1. The appointing authority enjoys a wide discretion regarding the comparative examination of the merits of officials eligible for promotion. It follows that judicial review must be limited to the question whether the appointing authority exercised its power in a manifestly erroneous manner; however, where a promotion decision follows a vacancy notice, that review must also address the question whether the appointing authority exercised its discretion within the self-imposed limits contained in the vacancy notice.

2. A misuse of powers is deemed to exist only if it is proven that the appointing authority, in adopting the contested measure, pursued an unlawful objective.
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1. Action for failure by a Member State to fulfil its obligations - Application initiating proceedings - Statement of complaints and grounds - Mere reference to letter of formal notice and reasoned opinion - Insufficient

(EEC Treaty, Art. 169; Statute of the Court of Justice, Art. 19; Rules of Procedure, Art. 38(1)(c)(d))

2. Approximation of laws - Classification, packaging and labelling of dangerous substances - Directive 79/831 - Protective clause - Conditions of use

(Council Directive 79/831, Art. 23(1))

Summary

1. An application lodged under Article 169 of the Treaty does not satisfy the requirement in Article 19 of the Protocol on the Statute of the Court of Justice of the EEC and in Article 38(1)(c) and (d) of the Rules of Procedure that it contain the subject-matter of the dispute, the submissions and a brief statement of the grounds on which the application is based if the Commission' s complaints are not accurately set out in it and simply appear by way of reference to the reasons set out in the letter of formal notice and the reasoned opinion.

2. The protective clause in Article 23(1) of Directive 79/831, which permits Member States provisionally to decide to prohibit or to subject to special conditions the sale of dangerous substances liable to constitute a hazard for man or the environment by reason of their classification, packaging or labelling, does not require that notification to the Commission and the other Member States of the measures adopted be in any particular form or that the Member State using the clause expressly mention in the measures adopted their provisional nature.
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Agriculture - Common organization of the markets - Eggs - Marketing standards - Marking of eggs or packs - Affixing to large packs of advertising statements referring to the freshness of the eggs - Prohibition - Changes to the Community rules - Whether permissible - Conditions - Indication of the date of laying on eggs and absence of confusion with regulated quality designations

(Council Regulations Nos 2772/75, Art. 21, and 1907/90, Art. 10(2)(e); Commission Regulation No 1274/91, Arts 15 and 16)

Summary

Article 21 of Regulation No 2772 on marketing standards for eggs prohibited statements designed to promote sales on large packs of eggs.

That regulation has now been replaced by new rules. The new rules, contained in Regulations Nos 1907/90 and 1274/91, prohibit the display on packs of statements designed to promote sales which refer to the freshness of the eggs if the eggs in question bear no date of laying indicated in a manner which complies with Community legislation. Only if the consumer has a reliable point of reference - which that date can in fact provide - will the consumer not receive, as a result of such an advertising statement, a false impression as to the actual freshness of the eggs. It is for the national courts to determine whether a promotional statement is displayed in a manner likely to lead to confusion with information restricted by Community legislation to a quality grading; if that is the case, such a statement is likewise prohibited.
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1. Action for damages ° Purpose ° Claim for compensation brought against the Community under the second paragraph of Article 215 of the Treaty ° Exclusive jurisdiction of the Court

(EEC Treaty, Art. 178 and second paragraph of Art. 215)

2. Fisheries ° Conservation of resources of the sea ° Aid which may be granted to Member States, with financial contributions by the Community, in order to reduce production capacity ° Approval by the Commission of a national scheme consistent with the objectives of the Community provisions ° Whether lawful

(Council Directive 83/515; Commission Decision 84/17)

Summary

1. Under Article 178 of the Treaty the Court alone has jurisdiction, to the exclusion of national courts, in disputes based on the second paragraph of Article 215 of the Treaty relating to compensation for damage caused by the Community institutions.

2. In order to encourage a reduction of production capacity, Directive 83/515 concerning certain measures to adjust capacity in the fisheries sector authorizes Member States to introduce a system of financial aid for measures reducing such capacity and provides for financial contributions by the Community to the aid thus granted. The power of verification conferred on the Commission is intended solely to determine whether the schemes proposed by Member States for reducing production capacity satisfy the conditions for financial contributions from the Community, having regard to their compliance with the directive and bearing in mind other structural measures in the fisheries sector. A decision adopted by the Commission pursuant to that power of verification and approving a national scheme applying the directive which is not contrary to the objectives thereof cannot be regarded as unlawful and hence as entailing liability on the part of the Community.
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1. Actions against Member States for failure to fulfil obligations - Application initiating proceedings - Statement of complaints and pleas in law

(EEC Treaty, Art. 169)

2. Actions against Member States for failure to fulfil obligations - Scope of the proceedings - Delimitation in the pre-litigation procedure - Subsequent extension - Inadmissibility

(EEC Treaty, Art. 169)

Summary

1. The Commission must indicate, in any application made under Article 169 of the Treaty, the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based.

2. The scope of an application under Article 169 of the Treaty is delimited by the prelitigation procedure provided for in that article. The Commission' s reasoned opinion and the application must be based on the same grounds and pleas in law, so that a complaint which has not been formulated in the reasoned opinion is inadmissible in the procedure before the Court.
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Freedom of movement for persons ° Freedom of establishment ° Community rules ° Class of persons covered ° National of a Member State possessing at the same time the nationality of a non-member country ° Included

(EEC Treaty, Art. 52; Council Directive 73/148)

Summary

The provisions of Community law concerning freedom of establishment preclude a Member State from withholding that freedom from a national of another Member State who at the same time possesses the nationality of a non-member country, on the ground that the legislation of the host State deems him to be a national of the non-member country.

Whenever a Member State, having due regard to Community law, has granted its nationality to a person, another Member State may not, by imposing an additional condition for its recognition, restrict the effects of the grant of that nationality with a view to the exercise of a fundamental freedom provided for in the Treaty, particularly since the consequence of allowing such a possibility would be that the class of persons to whom the Community rules on freedom of establishment were applied might vary from one Member State to another.
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Agriculture ° Common organization of the markets ° Products processed from fruit and vegetables ° Protective measures applicable to imported Morello cherries ° Morello cherries in syrup ° Definition ° Reference to subheadings 20.06 B II a) 8 and 20.06 B II b) 8 of the Common Customs Tariff ° Morello cherries contained in a liquid obtained by heating them in water and having a sugar content greater than 9% ° Covered ° Calculation of the minimum import price ° Taking into account the weight of the syrup

(Commission Regulation No 1626/85, Art. 1(1), as amended by Regulation No 1712/85)

Summary

Article 1(1) of Regulation No 1626/85 on protective measures applicable to imports of certain Morello cherries, as amended by Regulation No 1712/85 amending the German, Greek, English, French, Italian and Dutch versions of that regulation, is to be interpreted as meaning that Morello cherries in a liquid derived from heating them in water which for that reason has a sugar content greater than 9% must be classified as "Morello cherries in syrup" within the meaning of Regulation No 1626/85, and consequently fall within tariff subheadings 20.06 B II a) 8 and 20.06 B II b) 8 of the Common Customs Tariff.

The minimum price for imports of Morello cherries in syrup must be calculated on the basis of the combined weight of the Morello cherries and the syrup.
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1. Approximation of laws ° Quality of water intended for human consumption ° Directive 80/778 ° Implementation by the Member States ° Authorization to exceed maximum admissible concentrations ° Conditions

(Council Directive 80/778, Art. 10(1))

2. Approximation of laws ° Quality of water intended for human consumption ° Directive 80/778 ° Implementation by the Member States ° Authorization to exceed maximum admissible concentrations ° Obligation to notify the Commission of derogations granted

(Council Directive 80/778, Arts 9(1) and 10(3))

Summary

1. Authorization to exceed maximum admissible concentrations set out in Annex I to Directive 80/778 on the quality of water intended for human consumption, as provided for in Article 10(1) of that directive, is to be granted only in urgent situations in which the competent authorities are required to cope suddenly with difficulties in the supply of water intended for human consumption.

National rules which do not make the grant of such authorization conditional on the existence of an emergency and provide that authorization may be granted, if there is no risk to public health, where supply complying with the maximum concentrations is possible only at an unacceptable cost, do not ensure the proper transposition of the directive. The last-mentioned criterion cannot be accepted on the basis of the principle of proportionality, since the objective of the directive is to implement, throughout the Community, a uniform minimum health standard for water intended for human consumption.

2. The obligation on the Member States, under Article 9(1) and Article 10(3) of Directive 80/778 on the quality of water intended for human consumption, to inform the Commission of the use which they have made of the power to grant derogations relating to maximum admissible concentrations is not fulfilled by merely notifying the general parameters employed for the grant of such derogations and the reasons which led to their adoption.

A Member State which does not lay down an obligation for decentralized authorities to forward information relating to permitted derogations to the central authority within a period such that the latter can provide that information to the Commission in due time, also fails to fulfil that obligation.
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Free movement of persons ° Freedom of establishment ° Freedom to provide services ° Architects ° Recognition of diplomas and evidence of formal qualifications ° Diplomas and evidence of formal qualifications enabling the holder to take up activities in the field of architecture by virtue of established rights ° Minimum length of the education and training

(Council Directive 85/384, third subpara. of Art. 11(a))

Summary

Introducing transitional measures for the recognition of diplomas and evidence of formal qualifications governing access to activities as an architect by virtue of established rights, third subparagraph of Article 11(a) of Council Directive 85/384 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, must be interpreted in such a way that education and training which lasts four years and which includes two integrated practical semesters, supervised by the teaching institution, must be regarded as four years of studies.