ddrg/super_eurlex huggingface dataset:
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1 Social security for migrant workers - Invalidity insurance - Calculation of benefits - Special rules for the application of the Netherlands law on insurance against incapacity for work - Periods of paid employment or periods treated as such completed in the Netherlands before 1 July 1967 - Definition - Periods of military service - Included

(Council Regulation No 1408/71, Annex VI, Part J, point 4(a) and (c), as amended by Regulation No 1248/92)

2 Social security for migrant workers - Invalidity insurance - Calculation of benefits - Special rules for the application of the Netherlands law on insurance against incapacity for work - Periods of paid employment or periods treated as such completed in the former Netherlands New Guinea - Included

(Council Regulation No 1408/71, Annex VI, Part J, point 4(a))

Summary

3 Part J, point 4(a) of Annex VI to Regulation No 1408/71, as amended and updated by Regulation No 2001/83 and as adapted by Part VIII of Annex I to the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, and Part J, point 4(c), of Annex VI to that regulation, as amended by Regulation No 1248/92, are to be interpreted as meaning that periods of compulsory or enlisted military service completed with the Netherlands armed forces before 1 July 1967 constitute `periods of paid work' or of `paid employment', or `equivalent periods' or `periods treated as such', completed in the Netherlands before that date.

4 Periods of military service completed in the former Netherlands New Guinea when it was an overseas territory to which the association arrangements laid down in Part Four of the Treaty applied, must be regarded as having been completed in the Netherlands for the purposes of Part J, point 4(a), of Annex VI to Regulation No 1408/71.
The second paragraph of Article 5 and the third paragraph of Article 189 of the Treaty, and Directive 91/156 amending Directive 75/442 on waste, require the Member States to which that directive is addressed to refrain, during the period laid down therein for its implementation, from adopting measures liable seriously to compromise the result prescribed. It is for the national court to assess whether that is the case as regards the national provisions whose legality it is called upon to consider.

In making that assessment, the national court must consider, in particular, whether the provisions in issue purport to constitute full transposition of the directive, as well as the effects in practice of applying those incompatible provisions and of their duration in time. More particularly, if the provisions in issue are intended to constitute full and definitive transposition of the directive, their incompatibility with the directive might give rise to the presumption that the result prescribed by the directive will not be achieved within the period prescribed if it is impossible to amend them in time. Conversely, the national court could take into account the right of a Member State to adopt transitional measures or to implement the directive in stages, where the incompatibility of the transitional national measures with the directive, or the non-transposition of certain of its provisions, would not necessarily compromise the result prescribed.
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1 Acts of the institutions - Directives - Implementation by Member States - Transposition of a directive without legislation - Not permissible where a reference to the directive in legislation is expressly required

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

2 Agriculture - Approximation of laws - Placing on the market of plant protection products - Directive 91/414 - Implementation by the Member States - Need for transposition within the period prescribed - Community implementing measure not yet adopted - Irrelevant

(EC Treaty, Art. 189, third para.; Council Directive 91/414)

Summary

3 Domestic legislation already in force cannot be regarded as ensuring transposition into domestic law of a directive which expressly requires the Member States to adopt provisions containing a reference thereto or accompanied by such reference.

4 Directive 91/414 - the aim of which is to lay down the rules which Member States may apply concerning the conditions and procedures for the authorization of plant protection products - provides, in the interest of the free movement of those products, for the establishment of a Community list of authorized active substances and a system for the mutual recognition of authorizations granted by Member States. The fact that no active substances have yet been placed on that list cannot, in the absence of express provision to that effect, relieve Member States of their obligation to adopt within the period prescribed the measures necessary to comply with the Directive. The point of transposing the relevant provisions is to ensure that the principle of the mutual recognition of authorizations is implemented as soon as the active substances are listed.
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1 Social policy - Men and women - Equal pay - Article 119 of the Treaty - Directive 75/117 - Scope - Discrimination on the ground of sexual orientation - Excluded

(EC Treaty, Art. 119; Council Directive 75/117)

2 Community law - Principles - Fundamental rights - Basis of review of lawfulness of Community acts - Effect of fundamental rights on the scope of Treaty provisions - None

Summary

3 The refusal by an employer to allow travel concessions to the person of the same sex with whom a worker has a stable relationship, where such concessions are allowed to a worker's spouse or to the person of the opposite sex with whom a worker has a stable relationship outside marriage, does not constitute discrimination prohibited by Article 119 of the Treaty or Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women.

First, the condition for the grant of those concessions cannot be regarded as constituting discrimination directly based on sex, since it applies in the same way to female and male workers, as the concessions are refused to a male worker if he is living with a person of the same sex, just as they are to a female worker if she is living with a person of the same sex. Second, in the present state of the law within the Community, stable relationships between two persons of the same sex are not regarded as equivalent to marriages or stable relationships outside marriage between persons of opposite sex, and an employer is not therefore required by Community law to treat the situation of a person who has a stable relationship with a partner of the same sex as equivalent to that of a person who is married to or has a stable relationship outside marriage with a partner of the opposite sex. It is for the legislature alone to adopt, if appropriate, measures which may affect that position.

4 Although respect for the fundamental rights which form an integral part of the general principles of Community law is a condition of the legality of Community acts, those rights cannot in themselves have the effect of extending the scope of the Treaty provisions beyond the competences of the Community.

With regard to the International Covenant on Civil and Political Rights, which is one of the international instruments relating to the protection of human rights of which the Court takes account in applying the fundamental principles of Community law, an observation, with no binding force in law and for which no specific reasons were given, of the Human Rights Committee established under Article 28 of the Covenant, noting that the reference to `sex' in Articles 2(1) and 26 is to be taken as including sexual orientation, cannot in any case constitute a basis for the Court to extend the scope of Article 119 of the Treaty. The scope of that article, as of any provision of Community law, is to be determined only by having regard to its wording and purpose, its place in the scheme of the Treaty and its legal context.
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1 Common Customs Tariff - Tariff headings - Goods put up in sets for retail sale, comprising a brassière and briefs - Separate classification of the components of the set under tariff subheadings 6108 21 00 and 6212 10 00 of the combined nomenclature - Not permissible having regard to General Rule No 3(c) - Point 6 of the Annex to Commission Regulation No 1966/94 invalid

(Commission Regulation No 1966/94, Annex, Point 6)

2 Common Customs Tariff - Tariff headings - Goods put up in sets for retail sale, comprising a brassière and briefs - Classification, on the basis of General Rule No 3(c), under subheading 6212 10 00 of the combined nomenclature

Summary

3 Regulation No 1966/94 concerning the classification of certain goods in the combined nomenclature is invalid in so far as in Point 6 of the Annex thereto it classifies goods put up in sets for retail sale, comprising a brassière and briefs, separately under tariff subheadings 6108 21 00 and 6212 10 00. By providing for a separate classification for each item of such a set when General Rule No 3(c) for the interpretation of the combined nomenclature requires a single classification, the Commission materially amended the combined nomenclature and thus acted ultra vires.

4 On a proper construction of the combined nomenclature, goods put up in sets for retail sale, comprising a brassière and briefs, are to be classified pursuant to General Rule No 3(c) under tariff subheading 6212 10 00, that is to say, the heading which occurs last in numerical order among those which equally merit consideration.
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1 Transport - Road transport - Social legislation - Exception in respect of vehicles used by public authorities to provide public services which are not in competition with professional road hauliers - Scope - Vehicle belonging to an undertaking operating under a contract granting it an exclusive right for a specified period - Excluded

(Council Regulation No 3820/85, Art. 13(1)(b))

2 Transport - Road transport - Social legislation - Regular passenger services - Requirement that an extract from the duty roster and a copy of the service timetable be carried - Scope - Extract from the duty roster produced relating only to the day on which it was checked - Requirement not satisfied

(Council Regulation No 3820/85, Art. 14(5))

Summary

3 The exception to the provisions of Regulation No 3820/85 on the harmonisation of certain social legislation relating to road transport which may be granted, pursuant to Article 13(1)(b) thereof, in respect of vehicles used by public authorities to provide public services which are not in competition with professional road hauliers, does not apply to vehicles belonging to an undertaking which is wholly owned by a public authority and which operates a public passenger service under a contract granting it an exclusive right for a specified period following a call for competing tenders.

Where such an undertaking is bound to engage in competitive conduct if it is to obtain renewal of the contract when it comes to an end, it does not satisfy the condition relating to the absence of competition with professional road hauliers.

4 The requirement in Article 14(5) of Regulation No 3820/85, on the harmonisation of certain social legislation relating to road transport, that each driver assigned to a regular passenger service must carry an extract from the duty roster and a copy of the service timetable is not satisfied where the extract from the duty roster relates only to the day on which it is checked.

That extract and that copy must provide an effective means of monitoring compliance by the driver with the provisions concerning driving times and rest periods, which means that whenever requested by an authorised inspecting officer to do so, the driver must be able to produce record sheets for the current week, and in any case for the last day of the previous week on which he drove.
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Approximation of laws - Package travel, package holidays and package tours - Directive 90/314 - Protection against the risk of the organiser's insolvency - Extent

(Council Directive 90/314, Art. 7)

Summary

Article 7 of Directive 90/314 on package travel, package holidays and package tours is to be interpreted as covering, as security for the refund of money paid over, a situation in which the purchaser of a package holiday who has paid the travel organiser for the costs of his accommodation before travelling on his holiday is compelled, following the travel organiser's insolvency, to pay the hotelier for his accommodation again in order to be able to leave the hotel and return home.
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Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Exemptions provided for by the Sixth Directive - Exemption for certain services closely linked to sport or physical education supplied by non-profit-making organisations to persons taking part in those activities - National legislation restricting the exemption to private establishments with membership fees not exceeding a certain amount - Not permissible

(Council Directive 77/388, Art. 13(A)(1)(m) and Art. 13(A)(2)(a), third indent)

Summary

A Member State which provides that VAT exemption for services closely linked to sport or physical education applies only to those private establishments whose membership fees do not exceed a specified amount fails to fulfil its obligations under Article 13(A)(1)(m) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes.

The conditions which may be laid down pursuant to Article 13(A)(1) of the Sixth Directive do not in any way affect the definition of the subject-matter of the exemptions envisaged by that provision, but are intended to ensure the correct and straightforward application of the exemptions and refer to measures intended to prevent any possible evasion, avoidance or abuse.

To apply the criterion of the amount of membership fees may lead to results contrary to Article 13(A)(1)(m) of the Sixth Directive: it may result, first, in a non-profit-making body being excluded from the benefit of the exemption provided for by the provision and, secondly, in a profit-making body being able to benefit from it. Moreover, there is nothing in that provision to the effect that a Member State, when granting an exemption for a certain supply of services closely linked to sport or physical education provided by non-profit-making bodies, may make that exemption subject to any conditions other than those laid down in Article 13(A)(2) of the Sixth Directive.

The third indent of Article 13(A)(2)(a) of the Sixth Directive does not imply that a Member State, by making the exemption envisaged in Article 13(A)(1)(m) subject to one or more conditions laid down in paragraph 2(a) of that provision, may alter the scope of the latter. Moreover, Article 13(A)(2)(a) excludes a restriction of the exemption to private sports bodies or establishments of a social nature which charge membership fees not exceeding a certain amount without taking into account the nature and particular circumstances of each sporting activity.
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Agriculture - Common organisation of the markets - Cereals - Rice - Production refunds - System of securities - Proper use of a product falling within CN code 3505 10 50 - Obligation constituting a primary requirement - Time-limit for proving compliance with the requirement

(Commission Regulation No 2220/85, Arts 20(2), 22(1) and (2) and 28; Commission Regulation No 1722/93, Art. 10(1))

Summary

Article 10(1) of Regulation No 1722/93 laying down detailed rules for the application of Regulations Nos 1766/92 and 1418/76 concerning production refunds in the cereals and rice sectors respectively must be interpreted as follows:

- the use of a product falling within CN code 3505 10 50, as prescribed by that provision, and involving either its subsequent transformation into a processed product other than starch or its export to a third country, constitutes a primary requirement within the meaning of Article 20(2) of Regulation No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products;

- compliance with that requirement must be proved within the time-limits laid down in Article 28 of that regulation, failing which the whole of the security becomes forfeit pursuant to Article 22(1) and (2) of that regulation.
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1 Environment - Freedom of access to information - Directive 90/313 - `Information relating to the environment' - Definition - Statement of views put forward by the administration - Whether included - Condition

(Council Directive 90/313, Art. 2(a))

2 Environment - Freedom of access to information - Directive 90/313 - Derogation in Article 3(2), third indent - Scope - `Preliminary investigation proceedings' - Definition - Administrative procedure preparing the way for an administrative measure - Condition

(Council Directive 90/313, Art. 3(2), third indent)

Summary

3 The wording of Article 2(a) of Directive 90/313 on the freedom of access to information on the environment makes it clear that the Community legislature intended to make the concept of information relating to the environment a broad one, embracing both information and activities relating to the state of the various environmental sectors referred to therein, the `administrative measures' cited by way of example being merely an illustration of the `activities' or `measures' covered by the directive.

In order to constitute information relating to the environment for those purposes, therefore, it is sufficient for a statement of views put forward by the administration to be an act capable of adversely affecting or protecting the state of one of the sectors of the environment covered by the directive. That is the case where a statement of views put forward by a countryside protection authority in development consent proceedings if that statement is capable of influencing the outcome of those proceedings as regards interests pertaining to the protection of the environment.

4 The third indent of Article 3(2) of Directive 90/313, which contains a derogation from the general rules on access to information on the environment as regards matters which are the subject of legal proceedings, inquiries or `preliminary investigation proceedings', covers exclusively proceedings of a judicial or quasi-judicial nature, or at least proceedings which will inevitably lead to the imposition of a penalty if the offence (administrative or criminal) is established.

As regards `preliminary investigation proceedings', in particular, that term must be taken to refer to the stage immediately prior to the judicial proceedings or the inquiry, so that it will cover an administrative procedure such as that referred to by the German law transposing the directive, which merely prepares the way for an administrative measure, only if it immediately precedes a contentious or quasi-contentious procedure and arises from the need to obtain proof or to investigate a matter prior to the opening of the actual procedure.
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1 Actions for annulment - Measures against which an action may be brought - Practices of the institutions - Excluded

(EC Treaty, Art. 173)

2 Common commercial policy - Regulated by the Community institutions - Regulation No 3030/93 on common rules for imports of certain textile products from third countries - Implementing powers conferred by the Council on the Commission - Limits - Interpretation by reference to the general aims of the legislation in question - Restrictive interpretation of provisions derogating from the general system

(EC Treaty, Art. 145; Council Regulation No 3030/93, Art. 8)

Summary

3 Since Article 173 of the Treaty does not allow a practice of a given Community institution to be annulled, an action for the annulment of the Commission's practice of applying `exceptional flexibility measures' in the administration of quantitative limits on the importation into the Community of textile products and clothing originating in non-member countries is inadmissible.

4 In connection with the powers conferred by the Council on the Commission for the implementation of the rules which the Council lays down, it follows from the Treaty context and from practical requirements that the concept of implementation must be given a wide interpretation. Since only the Commission is in a position to watch international market trends and act quickly when necessary, the limits of the powers conferred by the Council in this area must be determined by reference, inter alia, to the essential general aims of the legislation in question.

Article 8 of Regulation No 3030/93 on common rules for imports of certain textile products from third countries must be interpreted restrictively, since it confers power on the Commission to grant additional import opportunities in derogation from the general system established by the same regulation where, in particular, circumstances exist within the meaning of that provision that are capable of justifying the authorisation of additional quantities. The fact that the Chinese authorities issued export licences in excess of the quantitative limits laid down by that regulation, mainly because of a breakdown in the computer system of those authorities, cannot justify additional import opportunities authorised by a Commission decision. The exceeding of the quantitative limits has its origin in the administration of the double-checking system established by the EEC-China Agreement and must therefore be described not as an unusual or unforeseeable event but as a risk inherent in the procedure for monitoring those quantitative limits. Therefore, the decision adopted by the Commission concerning the importation of textile products and clothing originating in the People's Republic of China must be annulled.
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Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers who suspended deliveries under the system of non-marketing or conversion premiums - Definitive grant of a special reference quantity - Condition relating to a deadline for the resumption of deliveries - Implementing powers conferred upon the Commission - Whether exceeded - Not exceeded

(EC Treaty, Arts 43(3) and 145; Council Regulations No 804/68, Art.5c, and No 857/84, Art 3a(3), first sentence; Commission Regulation No 1546/88, Art. 3a(3), first para.)

Summary

The first subparagraph of Article 3a(3) of Regulation No 1546/88, as amended by Regulation No 1033/89 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation No 804/68, is not invalid for lack of power on the part of the Comission, in so far as, in the case of producers who entered into a non-marketing undertaking pursuant to Regulation No 1078/77, it makes the definitive allocation of a special reference quantity subject to the condition - in addition to those laid down in Article 3a(3), first sentence, of Council Regulation No 857/84, as amended by Regulation No 1639/91 - that the producer should actually have resumed deliveries before 29 March 1990.

In accordance with the division of powers provided for by Article 145 of the Treaty, Article 5c(7) of Regulation No 804/68 authorises the Commission to lay down additional conditions for the grant of reference quantities, provided that they comply with the implementing rules laid down by the Council itself in Regulation No 857/84 and serve to ensure the proper functioning of the reference quantity system. The rules at issue satisfy both those requirements.