ddrg/super_eurlex huggingface dataset:
Judgment of the Court (First Chamber) of 28 February 1989. - International Container et Transport (ICT) and BFI Électronique SA v Direction Générale des Douanes et Droits Indirects de Roissy. - Reference for a preliminary ruling: Tribunal d'instance d'Aulnay-sous-Bois - France. - Common Customs Tariff - Electronic components testers. - Case 19/88.



European Court reports 1989 Page 00577

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Common Customs Tariff - Headings - "Apparatus for measuring electrical quantities" within the meaning of subheading 90.28 A II ( a ) - Apparatus intended for checking electronic components for conformity - Exclusion

Summary

Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity .

Parties

In Case 19/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunal d' instance ( District Court ), Aulnay-sous-Bois ( France ), for a preliminary ruling in the proceedings pending before that Court between

International Container et Transport ( ICT ), a company constituted under French law, whose registered office is at the Charles de Gaulle Airport ( Roissy-en-France ),

BFI Electronique SA, a company constituted under French law, whose registered office is in Paris,

and

Direction générale des douanes et droits indirects, Roissy-en-France,

on the interpretation of subheading 90.28 A II ( a ) of the Common Customs Tariff,

THE COURT ( First Chamber ),

composed of : R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

in answer to the question referred to it by the tribunal d' instance, Aulnay-sous-Bois, by judgment of 23 July 1987,

hereby rules :

Operative part

Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity .
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1. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Reservation of a proportion of a public supply contract to undertakings located in a particular region of the national territory - Not permissible

(EEC Treaty, Art. 30)

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Measure which might be regarded as aid within the meaning of Article 92 of the Treaty - Applicability of the prohibition of measures having equivalent effect not thereby precluded

(EEC Treaty, Arts 30 and 92)

Summary

1. Article 30 of the Treaty precludes national rules which reserve to undertakings established in particular regions of the national territory a proportion of public supply contracts.

2. The possibility that national rules might be regarded as aid within the meaning of Article 92 of the Treaty cannot exempt them from the prohibition set out in Article 30 of the Treaty.
Judgment of the Court (Second Chamber) of 25 May 1989. - SpA Maxi Di v Ufficio del registro di Bolzano. - Reference for a preliminary ruling: Commissione tributaria di secondo grado di Bolzano - Italy. - Indirect taxes on the raising of capital. - Case 15/88.



European Court reports 1989 Page 01391

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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 )

Summary

Article 11 of Directive 69/335 concerning indirect taxes on the raising of capital 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, operations covered by Articles 10 and 11 ( see judgment of 2 February 1988 in Case 36/86 Dansk Sparinvest (( 1988 )) ECR 409 ).

Parties

In Case 15/88

REFERENCE to the Court under Article 177 of the EEC Treaty, by the commissione tributaria di secondo grado ( Tax Appeals Board ), Bolzano, for a preliminary ruling in the proceedings pending before that court between

Maxi Di SpA

and

Ufficio del registro di Bolzano ( Registration Office, Bolzano )

on the interpretation of Article 11 of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital ( Official Journal, English Special Edition 1969 ( II ), p . 412 ),

THE COURT ( Second Chamber ),

composed of : T . F . O' Higgins, President of Chamber, G . F . Mancini and F . A . Schockweiler, Judges,

( the grounds of the judgment are not reproduced )

in answer to the question referred to it by the commissione tributaria di secondo grado di Bolzano, by order of 4 December 1987, rules as follows :

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 .
Judgment of the Court of 16 November 1989. - Commission of the European Communities v Kingdom of Belgium. - Failure of a State to fulfil its obligations - Transposition of a directive. - Case C-360/88.



European Court reports 1989 Page 03803

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Member States - Obligations - Implementation of directives - Failure to implement - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Summary

As the Court has consistently held, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives .

Parties

In Case C-360/88

Commission of the European Communities, represented by T . van Rijn, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Kingdom of Belgium, represented by J . Devadder, Assistant Adviser in the Ministry of Foreign Affairs, External Trade and Aid for Developing Countries, with an address for service in Luxembourg at the Belgian Embassy, résidence Champagne, 4 rue des Girondins,

defendant,

APPLICATION for a declaration that by failing to adopt within the prescribed period all the measures necessary to comply with the provisions of Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising ( Official Journal 1984, L 250, p . 17 ) the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty,

THE COURT

composed of : O . Due, President, C . N . Kakouris and M . Zuleeg ( Presidents of Chambers ), T . Koopmans, R . Joliet, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias, F . Grévisse and M . Diez de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Declares that, by failing to adopt within the prescribed period all the measures necessary to implement Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .
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Social security of migrant workers - Unemployment - Unemployed person going to another Member State - Retention of right to benefit - Special provision applicable to unemployed persons coming under Belgian legislation - Requalification for benefits - Conditions

( Council Regulation No 1408/71, Art . 69(1)(c ) and ( 4 ) )

Summary

Article 69 of Regulation No 1408/71 is intended to encourage the mobility of persons looking for employment . Article 69(4 ) contains a special provision applicable to unemployed persons for whom the competent State is Belgium . Where such an unemployed person goes to another Member State in order to seek employment there, in accordance with the provisions of Article 69, and returns to Belgium only after the expiry of the period of three months laid down in Article 69(1)(c ), he requalifies for benefits under the Belgian unemployment benefit scheme, pursuant to Article 69(4 ), on condition only that he has retained the status of an entitled person under Belgian legislation and that he has been employed for at least three months since his return to Belgium .
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1 . Privileges and immunities of the European Communities - Action for damages following an act committed on the premises of the European Parliament - Action not necessarily falling within the Court' s jurisdiction

( EEC Treaty, Arts 178 and 183; Protocol on the Privileges and Immunities of the European Communities, Art . 1 )

2 . Non-contractual liability - Conditions - Act imputable to the Community - Act committed by a political group of the European Parliament

( EEC Treaty, Art . 178 )

Summary

1 . Neither Article 1 of the Protocol on the Privileges and Immunities of the European Communities nor any other provision of Community law may be interpreted as meaning that simply because an action to establish non-contractual liability arises out of an act committed on the premises of the European Parliament it falls within the jurisdiction of the Court .

2 . The distribution by a political group, within the meaning of Rule 26 of the Rules of Procedure of the European Parliament, of a publication alleged to be defamatory does not give rise to the non-contractual liability of the Communities . No provision in those Rules empowers a political group to act on behalf of the Parliament with regard to other institutions or third parties and there is no rule of Community law from which it may be inferred that the acts of a political group could be imputed to the Parliament as an institution of the Communities .
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1 . Social policy - Male and female workers - Equal pay - Pay - Concept -Compensation granted to a worker on termination of the employment relationship - Included

( EEC Treaty, Art . 119 )

2 . Social policy - Male and female workers - Equal pay - Severance grant not paid to part-time workers on termination of the employment relationship - Part-time work-force composed mainly of women - Not permissible unless based on objectively justified factors

( EEC Treaty, Art . 119 )

3 . Social policy - Male and female workers - Equal pay - Article 119 of the Treaty - Direct effect - Scope

( EEC Treaty, Art . 119 )

Summary

1 . Compensation paid to a worker on termination of the employment relationship is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from such termination . It follows that such compensation falls within the definition of pay for the purposes of Article 119 of the Treaty .

2 . Article 119 of the EEC Treaty precludes the application of a clause in a collective wage agreement applying to the national public service under which the employers may exclude part-time employees from the payment of a severance grant when in fact a considerably lower percentage of men than of women work part-time, unless the employer shows that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex .

3 . Where there is indirect discrimination in a clause in a collective wage agreement, the class of persons placed at a disadvantage, whether men or women, must be treated in the same way and made subject to the same scheme, proportionately to the number of hours worked, as other workers, such scheme remaining, for want of correct transposition of Article 119 of the EEC Treaty into national law, the only valid point of reference .
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Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible

( EEC Treaty, Art . 169 )

Operative part

( 1 ) Declares that by failing to provide the plans and reports referred to in Articles 3(2 ) and 12 of Council Directive 75/442/EEC of 15 July 1975 on waste, Article 10 of Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls, and Articles 12(2 ) and 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste, the Italian Republic has failed to fulfil its obligations under those directives;

( 2 ) Dismisses the application in all other respects;

( 3 ) Orders the Italian Republic to pay the costs .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National rules on cheeses requiring compliance with a minimum fat content - Application to cheeses imported from another Member State - Not permissible

( EEC Treaty, Arts 30 and 36 )

Summary

Articles 30 and 36 of the EEC Treaty are to be interpreted as precluding a Member State, subject to any particular rules applicable to cheeses which enjoy special protection, for example by virtue of a registered designation of origin or a geographical description, from applying national rules requiring compliance with a minimum fat content to all cheeses imported from another Member State if those cheeses have been lawfully manufactured and marketed in that Member State and consumers are provided with proper information .
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1 . Measures adopted by the institutions - Directives - Direct effect - Whether possible to rely on a directive against a body which is subject to the authority or control of the State or has special public prerogatives

( EEC Treaty, Art . 189, third paragraph )

2 . Social policy - Men and women workers - Access to employment and working conditions - Equal treatment - Directive 76/207 - Article 5(1 ) - Direct effect

( Council Directive 76/207, Art . 5(1 ) )

Summary

1 . Unconditional and sufficiently precise provisions of a directive may be relied upon against organizations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable in relations between individuals . They may in any event be relied upon against a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals .

2 . Article 5(1 ) of Directive 76/207 on equal treatment for men and women as regards access to employment and working conditions is a provision which is unconditional and sufficiently precise to be relied on by an individual and to be applied by the national courts .
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Agriculture - Common organization of the markets - Milk and milk products - Additional milk levy - Determination of reference quantities exempted from the levy - Account to be taken of exceptional events affecting production - Compulsory appropriation - Concept - Agreement concluded by the producer in order to avoid the unilateral imposition of an obligation to tolerate public works on his holding - Included

( Commission Regulation No 1371/84, Art . 3 )

Summary

The concept of "compulsory appropriation" within the meaning of Article 3 of Commission Regulation No 1371/84, which allows exceptional events having an appreciable effect on milk production to be taken into account when determining the reference year for calculating the quantities of milk exempted from the additional levy, covers a situation in which a producer has concluded an agreement with a public works undertaking in order to avoid the unilateral imposition of an obligation to tolerate public works on his holding, if the agreement affects a considerable part of the utilizable agricultural area of the holding and results in a temporary reduction of its fodder area .
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1 . Social security for migrant workers - Community rules - Persons covered - National of a non-member country who lost the nationality of a State before it became a member of the Community - Excluded ( Council Regulation No 1408/71, Art . 2(1 ) )

2 . Social security for migrant workers - Principle of equal treatment - Not applicable to a person entitled to a social security benefit who is excluded from the scope of Regulation No 1408/71

( EEC Treaty, Art . 7; Council Regulation No 1408/71, Art . 3(1 ) )

3 . Social security for migrant workers - Benefits - Residence clauses - Waiver - Limits - Residence in a Member State - National legislation making payment of a retirement pension to persons residing in a non-member country conditional upon the requirement of reciprocity

( EEC Treaty, Art . 51(b ); Council Regulation No 1408/71, Art . 10 )

Summary

1 . The status of "national" of "one of the Member States" required by Article 2(1 ) of Regulation No 1408/71 must be considered in relation to the period in which the worker pursued his occupation .

That condition of nationality cannot be regarded as fulfilled where the worker in question was, at the time when he pursued his occupation and paid his contributions, a national of a State which was not yet a member of the Community and he lost the nationality of that State before its accession to the Community .

Where a person entitled to social security benefits guaranteed by the legislation of a Member State by reason of his having pursued an occupation as a self-employed person in a territory which at the material time maintained special relations with a Member State must therefore be regarded as not fulfilling that nationality requirement, his situation not being covered by Regulations Nos 1408/71 and 574/72 .

2 . The principle of non-discrimination laid down in the first paragraph of Article 7 of the EEC Treaty and implemented in matters of social security by Article 3(1 ) of Regulation No 1408/71 is not applicable, by virtue of the very terms of that provision, where the person entitled to a social security benefit is not one of the persons covered by that regulation .

3 . According to Article 51(b ) of the EEC Treaty, which was implemented by Article 10 of Regulation No 1408/71, the payment of benefits acquired under the social security scheme of one or more Member States is guaranteed in Community law only to persons who reside in the territory of a Member State .

It follows that Community law does not preclude national legislation which provides that a self-employed person' s retirement pension is payable abroad only to beneficiaries residing in the territory of a non-member country where a self-employed person' s pension could be paid to them pursuant to a reciprocity agreement, provided that such legislation takes effect only outside the Community .
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1. Action for annulment - Judgment of the Court - Principle of res judicata - Scope

2. Agriculture - EAGGF - Clearance of accounts - Refusal to charge to the EAGGF expenditure arising from irregularities in the application of the Community rules - Irregularity related to the financial conditions governing the implementation of the Community rules - Contestation by the Member State concerned - Burden of proof

(Council Regulation No 729/70)

Summary

1. The principle of res judicata extends only to the matters of fact actually or necessarily settled by a judgment of the Court.

2. In matters concerning the financing of the common agricultural policy by the EAGGF, it is for the Commission, where it intends to disallow expenditure declared by a Member State, to prove an infringement of the Community rules. If the Commission establishes such an infringement, the Member State concerned must then, if appropriate, demonstrate that the Commission committed an error as to the financial consequences to be drawn from it.

In a particular case where it is not possible to draw a distinction between the irregularity and its financial consequences, in so far as the irregularity relates to the financial conditions under which an operation required by the Community rules was carried out, it is for the Member State concerned, which is familiar with the manner in which the operation was conducted, to prove that it complied with the requirements imposed on it.
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1. Community law - Interpretation - Methods

2. Agriculture - Common organization of the markets - Milk and milk products - Supplementary levy on milk - Grant of reference quantity exempt from the levy - Producers who had suspended their deliveries under the scheme for non-marketing and conversion premiums - Grant of a special reference quantity - Persons eligible - Producers who take over a holding by way of succession after the expiry of the non-marketing undertaking entered into by their predecessors - Included

(Council Regulations Nos 1078/77 and 857/84, Art. 3a)

Summary

1. Where it is necessary to interpret a provision of secondary Community law, preference should as far as possible be given to the interpretation which renders the provision consistent with the Treaty and the general principles of Community law.

2. Article 3a of Regulation No 857/84 adopting general rules for the application of the supplementary levy on milk, as amended by Regulation No 764/89, must be interpreted as meaning that, subject to the conditions laid down therein, a special reference quantity may be granted to a producer who has taken over a holding by way of succession or a similar transaction after the expiry of a non-marketing undertaking entered into pursuant to Regulation No 1078/77 by his predecessor in title.
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Legislation on Sunday as a day of rest for employees in the retail sector - Whether permissible

(EEC Treaty, Art. 30)

Summary

The prohibition contained in Article 30 of the EEC Treaty, properly construed, does not apply to national legislation prohibiting the employment of staff on Sundays.

Such legislation, which is not designed to control trade and affects the sale of both domestic and imported products, pursues an aim which is justified with regard to Community law since in seeking to ensure that working and non-working hours are so arranged as to accord with national or regional socio-cultural characteristics it reflects certain political and economic choices. The restrictive effects on trade which may result do not seem disproportionate to the aim pursued.