ddrg/super_eurlex huggingface dataset:
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1. EAEC ° Safeguards ° Sanctions applicable to undertakings ° Infringements which may be penalized

(EAEC Treaty, Arts 79 and 83; Commission Regulation No 3227/76)

2. EAEC ° Safeguards ° Sanctions applicable to undertakings ° Imposition of a penalty for an infringement which has ceased ° Permissible

(EAEC Treaty, Arts 2(e) and 83)

3. EAEC ° Safeguards ° Sanctions applicable to undertakings ° Placing under administration

(EAEC Treaty, Arts 1 and 2 and Chapter VII)

Summary

1. Regulation No 3227/76 concerning the application of the provisions on Euratom safeguards merely defines the nature and scope of the obligations referred to in Article 79 of the Treaty, so that any infringement of any of the obligations laid down by that regulation constitutes an infringement of Article 79 and is therefore liable to lead to the imposition by the Commission of one of the sanctions provided for in Article 83 on the persons or undertakings responsible for that infringement.

2. Article 83 of the EAEC Treaty confers on the Commission wide powers to penalize infringements of the rules concerning safeguards committed by undertakings in order to enable it to carry out the tasks of the EAEC described in Article 2(e) of the Treaty, namely to make certain that nuclear materials are not diverted to purposes other than those for which they are intended. Accordingly, sanctions may be imposed even where an infringement has ceased.

3. The provisions designed to ensure that nuclear materials are not diverted to purposes other than those declared by their users are fundamental to the accomplishment of the EAEC' s tasks, as described in Articles 1 and 2 of the Treaty. In that context, compliance with the rules laid down for that purpose, under the supervision of the Commission, is essential. It follows that any infringement of those rules by a nuclear undertaking constitutes a serious infringement justifying a severe sanction. For that purpose it may be decided to place the undertaking under administration, a course which may, in certain cases, be necessary in order to avoid the repetition of similar offences since it is only by that means that precise instructions can be given to the undertaking and, if necessary, enforced against its will.
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Acts of the institutions ° Directives ° Implementation by the Member States ° Need for full and exact implementation

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

Summary

Member States are obliged to ensure the full and exact application of the provisions of any directive.
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1. Free movement of persons - Freedom of establishment - Freedom to provide services - Provisions of the Treaty - Inapplicability in a situation purely internal to a Member State

(EEC Treaty, Arts 52 and 59)

2. Competition - Community rules - Obligations of Member States - Prohibition on encouraging anti-competitive practices which may affect trade between Member States - Legislation restricting the activities of driving schools to the territory of the municipality in which they are established - Compatibility

(EEC Treaty, second paragraph of Art. 5 and Art. 85(1))

3. Transport - Community driving licence - Test - Determination of the location of the driving test - Discretionary power of Member States - Obligation to ensure instruction on motorways - None

(Council Directive 80/1263/EEC)

Summary

1. The rules of the EEC Treaty on the free movement of persons and services do not apply to barriers affecting nationals of a Member State in that State where there is no connecting factor between the situation of those nationals and any of the situations envisaged by Community law.

2. The Member States are bound under the second paragraph of Article 5 of the Treaty not to take or to maintain in force measures of a legislative nature which may render ineffective the competition rules applicable to undertakings. National legislation is, however, such as to hinder the application of Article 85(1) of the Treaty only if the anti-competitive practices which it encourages are likely to affect trade between Member States, which presupposes that it has the effect of denying access to the market to new national and foreign competitors. That is not so in the case of legislation which limits the activities of a driving school to the municipality in which it is established.

3. Directive 80/1263 relating to the introduction of a Community driving licence confers on Member States, with regard to the location of the driving test, a discretionary power which enables them to take account not only of the accessibility of certain types of highway but also of considerations relating to the need to ensure both uniform testing throughout the territory of a Member State and road safety. It does not therefore require them to hold the driving test on motorways whenever they are accessible from the test centre; nor, therefore, are the Member States under any obligation to ensure that driving instruction can be given on highways of that type.
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1. Social security for migrant workers ° Community rules ° Scope ratione materiae ° Benefits covered and benefits excluded ° Criteria for distinguishing ° Benefit intended to meet the claimant' s family expenses and granted on the basis of objective, legally-defined criteria ° Included ° Non-contributory benefit ° No effect

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

2. Social security for migrant workers ° Family benefits ° Employed person subject to the legislation of one Member State but resident with his family in another Member State ° Derived right of spouse to the family benefits provided for by the legislation to which the worker is subject ° Conditions

(Council Regulation No 1408/71, Art. 73)

Summary

1. The distinction between benefits excluded from the scope of Regulation No 1408/71 and those which fall within its scope is based essentially on the constituent elements of the particular benefit, in particular its purposes and the conditions on which it is granted, and not on whether a benefit is classified as a social security benefit by national legislation.

A benefit intended to meet family expenses which is granted or refused on the basis of objective, legally-defined criteria, namely the claimant' s assets, income, and the number and age of his dependent children, without any individual and discretionary assessment of personal needs, must be considered a family benefit for the purposes of Article 4(1)(h) of Regulation No 1408/71.

The fact that the grant of the benefit is not subject to any contribution requirement is immaterial, since classification of a benefit as a social security benefit covered by Regulation No 1408/71 does not depend on the method by which it is financed.

2. Where an employed person is subject to the legislation of a Member State and lives with his family in another Member State, his spouse who has never been resident or employed in the State in which the worker is employed may rely on Article 73 of Regulation No 1408/71 in order to claim a derived right to receive family benefits for the members of the worker' s family from the competent institution of that State, provided that the worker fulfils the conditions laid down in Article 73 and provided also that under national legislation the family benefits concerned are provided for family members.
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1. Preliminary rulings ° Jurisdiction of the Court ° Limits ° Interpretation sought on account of the applicability of a provision of Community law resulting from a reference made by a contractual provision ° Jurisdiction to provide that interpretation but not to implement the conclusions resulting from that reference

(EEC Treaty, Art. 177)

2. Agriculture ° Common Agricultural Policy ° Financing by the EAGGF ° Intervention measures ° Establishment of annual accounts ° Storage of lampante virgin olive oil ° Missing quantity stolen ° Determination of the value ° Application of the buying-in price applicable at the time of the theft, increased by monthly increments ° Taking the degree of acidity of the stolen oil into account ° Impossibility of establishing the degree of acidity of the stolen oil ° Reference to the price of the oil with the lowest degree of acidity stored on the premises from which it was stolen

(Council Regulation No 3247/81, Art. 3(2), fourth subpara., and Annex II, Section VIII, as amended by Regulation No 2632/85)

Summary

1. Since it is manifestly in the interest of the Community legal order that, in order to forestall future differences of interpretation, every Community provision should be given a uniform interpretation irrespective of the circumstances in which it is to be applied, the Court must accept jurisdiction to give a preliminary ruling on a question arising in a context where a contractual provision refers to the content of rules of Community law in order to determine the extent to which one of the parties may incur financial liability.

However, the Court has jurisdiction to consider only the provisions of Community law. In replying to the national court' s question, it may not take account of the general scheme of the contract or of the provisions of national law which may determine the scope of the contractual obligations. Consideration of the limits which national law and the contract may set to the application of Community law is a matter for the national court to assess.

2. The fourth subparagraph of Article 3(2) of Regulation No 3247/81 and Section VIII of Annex II to that regulation, as amended by Regulation No 2632/85, must be interpreted as meaning that, for the purposes of drawing up the annual accounts by the European Agricultural Guidance and Guarantee Fund, Guarantee Section, on the financing of intervention measures in the form of storage, the value of the quantities of lampante virgin olive oil which are missing because they were stolen must be determined by multiplying the quantities stolen by the buying-in price ° applicable in the marketing year in which the theft was carried out or noticed, increased by all the monthly increments ° for a type of oil with a degree of acidity corresponding to that of the quantities stolen or, if there is no evidence enabling the degree of acidity of the stolen oil to be established, by applying to that oil the buying-in price corresponding to the lowest degree of acidity of the oil stored during the marketing year in question in the warehouse in which the theft took place.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Special scheme for travel agents ° Field of application ° Service limited to provision of accommodation ° Included

(Council Directive 77/388, Art. 26)

Summary

Article 26 of Directive 77/388: Sixth Directive, which concerns the special scheme applicable to travel agents in the matter of imposition of value added tax, must be interpreted as meaning that the fact that the transport of the traveller is not arranged by a travel agent or tour operator and that the latter merely provides the traveller with holiday accommodation is not such as to exclude the services provided by such undertakings from the field of application of that provision.
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Actions against Member States for failure to fulfil obligations ° Judgment of the Court declaring that a Member State has failed to fulfil its obligations ° Period for compliance

(EEC Treaty, Art. 171)

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The immediate and uniform application of Community law requires the process of complying with a judgment declaring that a Member State has failed to fulfil its obligations to be initiated at once and to be completed as soon as possible.
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1. Social policy ° Approximation of laws ° Transfers of undertakings ° Directive 77/187 ° Objection by an employee to the transfer of his contract of employment to the transferee ° Whether permissible ° Requirement for Member States to provide that the contract should continue with the transferor in the event that the employee refuses to work for the transferee ° None

(Council Directive 77/187, Art. 3(1))

2. Social policy ° Approximation of laws ° Transfers of undertakings ° Directive 77/187 ° National laws, regulations or administrative provisions within the meaning of Article 7 ° Meaning ° Taking account of the interpretation of provisions by the national courts

(Council Directive 77/187, Art. 7)

Summary

1. Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings is to be interpreted as not precluding an employee of the transferor on the date of the transfer of the undertaking, within the meaning of Article 1(1) of the directive, from objecting to the transfer of his contract of employment or employment relationship to the transferee.

The directive does not, however, require Member States to provide that, in the event of the employee deciding of his own accord not to continue with the contract of employment or employment relationship with the transferee, the contract or relationship should be maintained with the transferor. Neither does the directive preclude this. In such a case, it is for the Member States to determine what the fate of the contract of employment or employment relationship with the transferor should be.

2. The expression "laws, regulations or administrative provisions" within the meaning of Article 7 of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings must be understood as meaning the laws, regulations or administrative provisions of a Member State as they are interpreted by the courts of that State.
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Agriculture ° Common organization of the markets ° Wine ° Accompanying documents to be drawn up for carriage within the Community ° Determination of the products for which certain entries provided for by Article 9 of Regulation No 1153/75 are not compulsory

(Commission Regulation No 1153/75, Art. 9(3))

Summary

The last sentence of Article 9 of Regulation No 1153/75, in its original version, according to which certain entries to be made on accompanying documents for products of the wine sector are not compulsory, refers solely to the provisions of paragraph 3 of that article and therefore applies only to the drawing up of accompanying documents for products referred to therein.
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Free movement of goods ° Trade with third countries ° Inward processing arrangements ° Procedures ° Job processing contract between a principal and an operator ° Lodging of the application for authorization by the operator ° Permissibility ° Condition ° Application to be submitted on behalf of the principal

(Council Regulations No 1999/85, Art. 3(2), and No 3677/86, Art. 3(7))

Summary

Article 3(2) of Regulation No 1999/85 on inward processing relief arrangements, read in conjunction with Article 3(7) of the implementing regulation, Regulation No 3677/86, must be interpreted as meaning that where, in the context of a job processing contract between a principal and an operator, both of whom are established within the Community, for the processing of non-Community goods, the operator submits the application for authorization to the competent customs authorities, that application must be submitted on behalf of the principal. The competent customs authority must be able to seek from the principal evidence that the economic conditions to which the issue of authorization is subject have been fulfilled and every guarantee which it considers necessary to that end.
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Agriculture ° Common agricultural policy ° Reform of structures ° Improving the efficiency of structures ° Aid to promote the extensification of beef and veal production ° Conditions for granting ° Power of the Member States to exclude certain categories of undertakings from the aid ° None

(Council Regulation No 797/85, Art. 1b(3)(a), as amended by Regulation No 1094/88)

Summary

Article 1b(3)(a) of Regulation No 797/85, as amended by Regulation No 1094/88 as regards the set-aside of arable land and the extensification and conversion of production, must be interpreted as not authorizing a Member State, when determining the conditions for the granting of aid for extensification of beef and veal production, to exclude certain categories of undertakings, such as intensive livestock farms, from that aid.
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Social policy ° European Social Fund ° Contribution to the financing of vocational training operations ° Decision to reduce assistance initially granted ° Opportunity for the Member State concerned to comment before the adoption of a decision ° Essential procedural requirement ° Infringement ° Unlawful

(Council Regulation No 2950/83, Art. 6(1))

Summary

In the procedure for granting financial assistance from the European Social Fund for vocational training and guidance operations carried out in a Member State, the latter is the Fund' s sole interlocutor and may incur liability in so far as it certifies the accuracy of the facts and accounts contained in the payment claims submitted by the recipients and may even be required to guarantee the successful completion of the operations financed. In view of the central role of, and the importance of the responsibilities assumed by, that Member State regarding the presentation and monitoring of financing of training operations, the opportunity, provided for by Article 6(1) of Regulation No 2950/83, to comment before the adoption of a final decision reducing the financial assistance initially granted constitutes an essential procedural requirement the infringement of which renders that decision void.
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Transport ° Common policy ° Road haulier ° Pursuit of occupation ° Authorization before 1 January 1978 ° Condition of occupational competence ° Proof ° Exemption ° Transitional provision ° Scope

(Council Directive No 74/561, Art. 5)

Summary

A natural person who, before 1 January 1978, continuously and effectively managed the transport operations of an undertaking, and was authorized to do so under national rules, is entitled to rely upon Article 5 of Directive 74/561 on admission to the occupation of road haulage operator in national and international transport operations, which provides that a person who, before 31 December 1974, was designated continuously and effectively to manage the transport operations of a road haulage undertaking, is to be definitively exempt from the obligation of furnishing proof of occupational competence.
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Actions for annulment ° Natural or legal persons ° Measures of direct and individual concern to them ° Regulation amending the maximum aid for improving the quality and marketing of nuts and locust beans

(EEC Treaty, Art. 173, second para.; Council Regulation No 2145/91, Art. 1)

Summary

The possibility of determining more or less precisely the number or even the identity of the persons to whom a measure applies by no means implies that it must be regarded as being of individual concern to them within the meaning of the second paragraph of Article 173 of the Treaty as long as it is established that such application takes effect by virtue of an objective legal or factual situation defined by the measure in question.

Therefore Article 1 of Regulation No 2145/91, which serves to amend for the future, for all producers' organizations, the maximum aid for the implementation of improvement plans in the nut and locust bean sector, is not of individual concern to producers' organizations whose plans were approved before the regulation was adopted.

In so far as the said Article 1 does not refer specifically to the aforementioned organizations, contains no concrete indication that the measures it introduces were adopted specifically taking account of the applicants' plans and makes no distinction between plans already approved and those which will be approved in the future, save for laying down transitional measures applying to the former, it is addressed in general and abstract terms to indeterminate classes of persons and applies to objectively determined situations.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Concept ° Obstacles to trade resulting from disparities between national legislation laying down requirements to be met by goods ° Included ° Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory way ° Inapplicability of Article 30 of the Treaty ° Legislation prohibiting resale at a loss

(EEC Treaty, Art. 30)

Summary

Any measure which is capable of directly or indirectly, actually or potentially, hindering intra-Community trade constitutes a measure having equivalent effect to a quantitative restriction, prohibited between Member States by Article 30 of the Treaty.

That definition covers obstacles to the free movement of goods which, in the absence of harmonization of legislation, are the consequence of applying to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods (such as those relating to designation, form, size, weight, composition, presentation, labelling, packaging). This is so even if those rules apply without distinction to all products unless their application can be justified by a public-interest objective taking precedence over the free movement of goods.

By contrast, the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder trade between Member States, within the meaning of that definition, so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Provided that those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside of Article 30 of the Treaty.

It follows that Article 30 of the Treaty is to be interpreted as not applying to legislation of a Member State imposing a general prohibition on resale at a loss.