ddrg/super_eurlex huggingface dataset:
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Officials - Remuneration - Expatriation allowance - Conditions of grant - No habitual residence and main occupation in the place where an official is employed before entry into service - Exception - Period spent in the service of another State or an international organization - Limits - Officials who already had lasting ties with the place where they are employed

( Staff Regulations, Annex VII, Art . 4 ( 1 ) ( a ) )

Summary

In providing for an exception to be made in applying the criteria for the grant of an expatriation allowance as regards habitual residence and main occupation in the country of employment for a reference period preceding entry into service in favour of an official who, during that period, has resided in the said country because he has been in the service of another State or an international organization, Article 4 ( 1 ) ( a ) of Annex VII to the Staff Regulations is intended to avoid penalizing persons who have established themselves in the country of employment for the abovementioned reason without having a lasting tie with that country .

The exception in question cannot apply to a case where an official, while having been employed by another State or an international organization within the territory of the country of employment, already had lasting ties with that country, since he had been habitually resident and carried on his occupation there for a long period of time previously .
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State aids - Effect on trade between the Member States - Distortion of competition - Aid granted to an undertaking whose activities are confined to the domestic market - No over-capacity

( EEC Treaty, Art . 92 ( 1 ) )

Summary

Aid to an undertaking may be such as to affect trade between the Member States and distort competition where that undertaking competes with products coming from other Member States even if it does not itself export its products and there is no over-capacity in the sector at issue .

Where a Member State grants aid to an undertaking, domestic production may for that reason be maintained or increased with the result that undertakings established in other Member States have less chance of exporting their products to the market in that Member State .
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Social security for migrant workers - Old-age and death insurance - Calculation of periods of insurance - Assimilation of periods of insurance completed under the legislation of a non-member country to periods completed under German legislation for the purpose of determining the pension payable by the German institutions - Permissible - Taking into account for the application of Community legislation - Excluded

( Regulation No 1408/71 of the Council, Art . 46 ( 1 ) )

Summary

Regulation No 1408/71 permits a German insurance institution, in deciding whether to take interrupting periods ( Ausfallzeiten ) into account for purposes of the German legislation on social security, to treat as compulsory contributions paid under German legislation and as insurance under the German pension insurance scheme not only compulsory contributions paid in other Member States but also compulsory contributions and insurance in a non-member country with which the Federal Republic of Germany has concluded a convention on the reciprocal assimilation of insurance periods .

On the other hand, periods completed under the legislation of a non-member country do not, merely because they have been taken into account by the German institution pursuant to a bilateral convention concluded by the Federal Republic of Germany, become periods "completed under the legislation of the Member States" within the meaning of Article 46 of the regulation and, consequently, no provision requires the institutions of the other Member States to take account of them when making calculations under Article 46 and the fact that the German institution has taken those periods into acount does not entail any increase in their obligations .
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Approximation of laws - Quality of water intended for human consumption - Authorization to exceed maximum permitted concentrations - Conditions

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

Summary

The authorization to exceed the maximum permitted concentrations set out in Annex I to Directive 80/778/EEC relating to the quality of water intended for human consumption ( Article 10 ( 1 ) ) must be granted only in an urgent situation in which the national authorities are required to cope suddenly with difficulties in the supply of water for human consumption . Such an authorization must be limited to the time normally necessary to restore the quality of the water affected, must not pose any unacceptable risk to human health and may be granted only if the supply of water for human consumption cannot be maintained in any other way .
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Free movement of goods - Community transit - Offences or irregularities - Use of internal Community transit procedure to bring into and release for free circulation in a Member State goods originating in a non-member country and smuggled into another Member State - Only one customs debt incurred, in the Member State of importation .

( Council Regulation No 222/77, Art . 36 ( 1 ) )

Summary

Article 36 ( 1 ) of Council Regulation No 222/77 of 13 December 1976 on Community transit must be interpreted as precluding the incurring of a customs debt on the release for free circulation in a Member State of goods from a non-member country which were first smuggled into another Member State and then transported under the internal Community transit procedure into the Member State where they were released for free circulation, since the offences or irregularities committed in the other Member State have already given rise to a customs debt in that State .
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1 . EEC Treaty - Scope ratione materiae - Economic activities - Participation by members of a religious community in the commercial activities of that community - Genuine and effective work together with a quid pro quo - Included

( EEC Treaty, Art . 2 )

2 . Freedom to provide services - Provisions of the Treaty - Field of application - Transfer of principal residence to another Member State in order to provide or receive services there - Excluded

( EEC Treaty, Arts 59 and 60 )

Summary

1 . Article 2 of the EEC Treaty must be interpreted as meaning that activities performed by members of a community based on religion or another form of philosophy as part of the commercial activities of that community constitute economic activities in so far as the services which the community provides to its members may be regarded as the indirect quid pro quo for genuine and effective work .

2 . Articles 59 and 60 of the Treaty do not cover the situation where a national of a Member State goes to reside in the territory of another Member State and establishes his principal residence there in order to provide or receive services there for an indefinite period .
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1 . Convention on Jurisdiction and the Enforcement of Judgments - Special Jurisdictions - More than one defendant - Jurisdiction of the court for the place where one of the defendants is domiciled - Conditions - Connection between the actions within the meaning of the Convention

( Convention of 27 September 1968, Art . 6 ( 1 ) )

2 . Convention on Jurisdiction and the Enforcement of Judgments - Special Jurisdictions - Jurisdiction for "matters relating to tort, delict or quasi-delict" - Concept - Independent interpretation - Action to establish liability unconnected with matter relating to a contract - Action based on several grounds - Exclusion of claims not based on grounds of tort or delict

( Convention of 27 September 1968, Art . 5 ( 3 ) )

Summary

1 . For Article 6 ( 1 ) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought by the same plaintiff against different defendants . That connection, whose nature must be determined independently, must be of such a kind that it is expedient to determine the actions together in order to avoid the risk of irreconcilable judgments resulting from separate proceedings .

2 . The expression "matters relating to tort, delict or quasi-delict" contained in Article 5 ( 3 ) of the Convention must be regarded as an independent concept covering all actions which seek to establish the liability of a defendant and which are not related to a "contract" within the meaning of Article 5 ( 1 ).

A court which has jurisdiction under Article 5 ( 3 ) over an action in so far as it is based on tort or delict does not have jurisdiction over that action in so far as it is not so based .
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1 . Free movement of goods - Derogations - Protection of public health - Ban on the importation of a foodstuff imposed on the ground that its nutritional value is lower than a foodstuff already on the market - Not permissible

( EEC Treaty, Art . 36 .)

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Ban on the importation and marketing of meat products containing ingredients other than meat - Not permissible - Justification - Consumer protection - Fair trading - None

( EEC Treaty, Art . 30 )

3 . Free movement of goods - National derogating measures - Prohibition - Support of policy pursued in the context of a common market organization - Not a justification

Summary

1 . A Member State may not invoke public health grounds in order to prohibit the importation of a product by arguing that its nutritional value is lower than another product already available on the market in question, since it is plain that the choice of foodstuffs available to consumers in the Community is such that the mere fact that an imported product has a lower nutritional value does not pose a real threat to human health .

2 . A Member State may not justify a ban on the importation and marketing in its territory of meat products from other Member States containing certain ingredients other than meat by referring to requirements of consumer protection and fair trading and arguing, first, that because of their established eating habits national consumers have a clear idea about what they expect from meat products and, secondly, that some traders could acquire a competitive advantage by using less expensive ingredients of poorer quality without the differences in manufacture being apparent to consumers . Consumers may be provided with information by means which do not hinder the importation of the products concerned, in particular by the compulsory affixing of suitable labels indicating the nature of the product sold .

3 . Once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure, even if that measure is likely to support the common policy .

Even if they support a common policy of the Community, national measures may not conflict with one of the fundamental principles of the Community, such as that of the free movement of goods, unless they are justified by reasons recognized by Community law itself .
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Agriculture - Common organization of the markets - Oils and fats - Olive oil - Production aid - Implementation through recognized producer organizations - Criteria for recognition laid down in Community rules - Power of Member States to lay down additional criteria

( Council Regulation No 2261/84, Art . 20, second paragraph )

Summary

The nature of the additional criteria which, under Article 20 of Regulation No 2261/84 laying down general rules on the quantity of aid for the production of olive oil and of aid to olive oil producer organizations, a Member State may lay down for the recognition of producer organizations in addition to those already prescribed by the Community rules depends on the nature of the specific problems caused by the special structure of olive oil production in that country .
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1 . Officials - Staff Regulations of Officials of the ECSC - Consequence in law

2 . Officials - Pensions - Pension rights acquired before entering the service of the Communities - Transfer to the Community scheme - Member States' obligations - Adoption of measures necessary for the transfer - National legislation excluding both transfer and maintenance of rights - Not applicable

( Staff Regulations of Officials of the ECSC, Annex VIII, Art . 11(2 ) )

Summary

1 . The unity of the three Communities in regard to their Staff Regulations would be compromised if, by reason of the circumstances in which the Staff Regulations of Officials of the ECSC were adopted in 1962, among which is the fact that they were never published in the Official Journal, those regulations were of lesser consequence in law than the Staff Regulations of Officials of the EEC and the EAEC, thereby depriving the staff of the ECSC of rights and opportunities granted to other European officials . Such a breach of the principle of equality would be incompatible with the fundamental principles of Community law .

2 . Article 11(2 ) of Annex VIII to the Staff Regulations of Officials of the ECSC requires the Member States to adopt all the measures necessary for its implementation and therefore precluded, from its entry into force on 1 January 1962, the application of national legislation under which a Community official, who had been affiliated to the social security scheme of that Member State, was obliged to surrender definitively the pension rights which he had previously acquired under the national scheme in return for the surrender value of those pension rights limited to his own contributions, without having the option of maintaining those pension rights or having them transferred to the Community scheme .
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Agriculture - Monetary compensatory amounts - Payment by the exporting Member State of compensatory amounts which should be granted upon importation by another Member State - Repayment of amounts unduly paid - Declaration of weight entered in the control copies - A posteriori correction by the authorities of the importing State - Binding on the customs authorities of the exporting State - Permissibility of control by the national court

( Council Regulations Nos 729/70, Art . 8(1 ), 974/71, Art . 2a, and 1468/81, Art . 5; Commission Regulation No 1380/75, Art . 11(2 ) )

Operative part

The customs authorities of the exporting State which claim the repayment of monetary compensatory amounts on importation are bound by the corrected weights notified to them by the customs authorities of the importing State, whether or not they are entered in the control copies .

A national court hearing an action between the exporter and the customs authorities of the exporting State concerning the repayment of monetary compensatory amounts on importation is not bound by the corrected weights notified to the customs authorities of the exporting State by the customs authorities of the importing State .
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1 . ECSC - Production - System of production and delivery quotas for steel - Determination on an equitable basis - Adjustment of ratio between production quota and delivery quota - Adoption by the Commission of provisions not corresponding to what is judged to be necessary by the Commission itself - Misuse of powers - Unlawfulness

( ECSC Treaty, Art . 58(2 ); General Decisions 1433/87 and 194/88, Arts 5 and 17 )

2 . ECSC - Production - System of production and delivery quotas for steel - Transfer of reference production and reference quantities - Alteration of the relative market position of undertakings - Provisions adopted in favour of monoproducers to enable them to safeguard their position - Extension to other categories of undertaking - Obligation on the part of the Commission - None

( General Decision 194/88, Art . 6(2 ) )

Operative part

( 1 ) Declares that Commission Decision No 1433/87/ECSC of 20 May 1987 on converting a proportion of the production quotas into quotas for delivery in the Common Market is void;

( 2 ) Declares that Articles 5 and 17 of Commission Decision No 194/88/ECSC of 6 January 1988 on the extension of the system of monitoring and production quotas for certain products of undertakings in the steel industry are void;

( 3 ) Dismisses the application in Case 72/88 in so far as it seeks a declaration that Article 6 of Decision No 194/88/ECSC is void;

( 4 ) Orders the Commission to pay the costs in Cases 218/87, 223/87 and 92/88;

( 5 ) Orders the parties to bear their own costs in Case 72/88 .
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Free movement of goods - Quantitative restrictions - Measures having an equivalent effect - Ban on canvassing at private homes for sales of educational material - Justification - Protection of consumers

( EEC Treaty, Art . 30 )

Summary

The application to imported products of a ban imposed by national legislation on canvassing at the home in relation to the sale of educational material is not incompatible with Article 30 of the Treaty .

Such a ban is not disproportionate, inasmuch as it may be considered that in that sector giving consumers a right of cancellation does not constitute sufficient protection and that for that purpose it is necessary to ban canvassing at private homes .
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Officials - Advancement to a higher category - Classification in step - Applicable rules - Rules on promotion - Grant of a differential allowance intended to prevent any financial loss

( Staff Regulations, Art . 46 )

Summary

The classification in step of an official moving to a higher category must be based on the principles applicable to promotion laid down in Article 46 of the Staff Regulations .

When that classification causes the official a financial loss as envisaged in that article, the appointing authority is under an obligation to grant the official in question an allowance intended to make up for the difference between his old and new basic salaries .
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Tax provisions - Harmonization of legislation - Indirect taxes on the raising of capital - Issue of debentures - Charging of taxes not covered by the exemptions under Directive 69/335 - Not permitted .

( Council Directive 69/335/EEC, Arts 11 and 12 )

Operative part

Article 11 of Directive 69/335 must be interpreted as meaning that a Member State is not permitted to charge capital companies, as defined in Article 3 thereof, tax of any kind other than the taxes and duties set out in Article 12 of the directive in respect of the issue of debentures, an operation covered by Article 11 .
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Agriculture - Approximation of laws - Legal basis

( EEC Treaty, Arts 38(2 ), 39, 43 and 100; Council Directive 87/519/EEC )

Operative part

( 1 ) Declares void Council Directive 87/519/EEC of 19 October 1987 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition;

( 2 ) Orders the Council to bear the costs .
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EEC Treaty - Allocation of powers and conditions governing their exercise - Commission - Powers of implementation conferred by the Council to be exercised in accordance with procedures determined by the Council - Implementation - Concept - Adoption of acts of individual application - Included - Compatibility with the existence of the Commission' s own powers to implement the budget

( EEC Treaty, Arts 145, 155, 205, 206a(2 ) and 206b; Financial Regulation, Art . 80 )

Summary

The concept of implementation for the purposes of the third indent of Article 145 of the EEC Treaty as amended by the Single European Act comprises both the drawing up of implementing rules and the application of rules to specific cases by means of acts of individual application . Since the Treaty uses the word "implementation" without restricting it by the addition of any further qualification, that term cannot be interpreted so as to exclude acts of individual application .

When the Council exercises its right under Article 145 to make the adoption of decisions of individual application having financial effects which it empowers the Commission to take subject to the "management committee" procedure, which is one of the procedures provided for under that article, it does not encroach upon the Commission' s power under Article 205 of the Treaty to implement the budget on its own responsibility . The Commission' s power to implement the budget is not such as to modify the division of powers resulting from the various provisions of the Treaty which authorize the Council and the Commission to adopt generally applicable or individual measures within specific areas, and from the institutional provisions of the third indent of Article 145 and Article 155 . Moreover, even though an individual measure may almost inevitably entail the commitment of expenditure, the two must be distinguished - particularly since the power to adopt the administrative decision and the power to commit the expenditure may be entrusted, within the internal organization of each institution, to different officials .

That interpretation, which rules out the possibility that commitments of expenditure might in themselves and irrespective of any substantive decision impose legally binding obligations on the Community vis-à-vis third parties, is, moreover, in conformity with the system of supervision of the implementation of the budget in which the European Parliament has been given, under Article 206b of the Treaty, the power to give a discharge to the Commission, and in which the Court of Auditors is required to assist the European Parliament within the limits defined in Article 206a(2 ) of the Treaty and Article 80 of the Financial Regulation .
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Accession of new Member States to the Communities - Spain - Agriculture - Transitional measures - Supplementary trade mechanism - Procedure for withdrawing a product from the list laid down in the Act of Accession - Ad hoc Committee - Rules for its composition and consultation

( 1985 Act of Accession, Arts 81 and 82; Commission Regulation No 530/88 )
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Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports - Power of the tax authorities to seize goods sold with reservation of title - Whether permissible

( EEC Treaty, Art . 30 )

Summary

Article 30 of the Treaty does not prohibit national legislation which authorizes the collector of direct taxes to seize goods, other than stocks, which are found on the premises of a taxpayer even if those goods are from a supplier established in another Member State who has sold them on instalment terms with reservation of title .

In the first place, such legislation applies without distinction to both domestic and imported goods, and does not seek to control trade with other Member States, and, in the second place, the possibility that nationals of other Member States would hesitate to sell goods on instalment terms to purchasers in the Member State concerned because such goods would be liable to seizure by the collector of taxes if the purchasers failed to discharge their tax debts is too uncertain and indirect to warrant the conclusion that a national provision authorizing such seizure is liable to hinder trade between Member States .
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Social security for migrant workers - Periods of insurance - Periods treated as such - To be determined in accordance with the national legislation under which the period in question was completed

( EEC Treaty, Arts 48 to 51; Council Regulations Nos 3, Art . 1(r ) and 1408/71, Art . 1(r ) )

Operative part

Article 1(r ) of Regulation No 3 and Article 1(r ) of Regulation ( EEC ) No 1408/71 must be interpreted as meaning that periods treated as periods of insurance must be determined solely on the basis of the criteria contained in the national legislation under which those periods were completed .