ddrg/super_eurlex huggingface dataset:
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1 Free movement of goods - Derogations - Limits - Existence of directives approximating legislation - Effects

(EC Treaty, Art. 36)

2 Agriculture - Approximation of laws on health problems - Intra-Community trade in fresh meat - Veterinary checks - Directives 64/433 and 89/662 - Scope - Harmonisation of measures for the detection and assessment of boar taint - National measures going beyond the framework established by the harmonised system - Not permissible

(Council Directives 64/633, Art. 5(1)(o), and 6(1)(b), as amended by Directives 91/497 and 89/662, Arts 5(1), 7 and 8)

Summary

3 Article 36 of the Treaty, whilst it allows the maintenance of restrictions on the free movement of goods justified on grounds of the protection of the health and life of animals, which are fundamental requirements recognised by Community law, cannot be applied where Community directives provide for harmonisation of the measures necessary to achieve the specific objective which would be furthered by reliance upon it. Its application is also excluded when the need to protect consumers arises.

Therefore, the appropriate checks must be carried out and protective measures adopted within the framework outlined by the harmonising directives and the Member States must display mutual trust with regard to checks carried out on their respective territories.

4 Under the combined provisions of Directive 64/433 on health problems affecting intra-Community trade in fresh meat, as reenacted by Directive 91/497, and Directive 89/662, concerning veterinary checks in intra-Community trade with a view to the completion of the internal market, the measures which may be taken by the authorities of the Member States for the detection of a pronounced sexual odour in uncastrated male pigs have been harmonised at Community level. A Member State which imposes conditions and checks exceeding the requirements laid down by those provisions in the case of the importation of uncasatrated male pigs which have undergone checks in the Member State of dispatch in accordance with Community rules has failed to fulfil its obligations under Articles 5(1)(o) and 6(1)(b) of Directive 64/433, as reenacted by Directive 91/497, and under Articles 5(1), 7 and 8 of Directive 89/662.
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Social security for migrant workers - Benefits payable under the legislation of one Member State in respect of injury sustained in the territory of another - Right of action of the institution responsible for benefits as against the liable third party - Rights of the victim - To be determined in accordance with the law of the Member State where the injury was sustained - Subrogation of the institution responsible for benefits and the extent of the rights subrogated - To be determined in accordance with the law of the State of the institution responsible for benefits - Limits

(Council Regulation No 1408/71, Art. 93(1)(a))

Summary

$$On a proper construction of Article 93(1)(a) of Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Regulation No 2001/83, where an injury has been sustained in the territory of a Member State and has given rise to the payment of social security benefits to the victim, or those entitled under him, by a social security institution (within the meaning of that regulation) of another Member State, the rights of the victim, or of persons entitled under him, against the person who caused the injury and to which that institution may be subrogated, and the requirements which must be satisfied to enable an action in damages to be brought before the courts of the Member State where the injury was sustained, are to be determined in accordance with the law of that State, including any applicable rules of private international law.

On a proper construction of the above provision, the subrogation of a social security institution to the rights of the victim, or those entitled under him, and the extent of the rights to which that institution is subrogated, are to be determined in accordance with the law of the Member State to which the institution belongs, provided always that the exercise of the right to subrogation provided for by that law cannot exceed the rights, under the law of the Member State where the injury was sustained, of the victim, or those entitled under him, against the person responsible for causing the injury.

It is for the court hearing an action to identify and apply the relevant provisions of the legislation of the Member State to which the institution responsible for benefits belongs, even if those provisions exclude or limit the subrogation of such an institution to the rights of the recipient of the benefits against the person who caused the injury, or exclude or limit the exercise of those rights by the institution so subrogated.
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Agriculture - Common organisation of the markets - Milk and milk products - Additional milk levy - Allocation of reference quantities exempt from the levy - Producers who suspended deliveries under the non-marketing and conversion premium scheme - Failure to fulfil obligations under the undertaking given - Consequences as regards the award of special reference quantities

(Council Regulations Nos 1078/77 and 857/84, Art. 3a(1), second subpara., as amended by Regulation No 1639/91)

Summary

Breach of the obligation not to market, in accordance with the undertaking given by a producer under Regulation No 1078/77 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds, entails the loss of the premium granted under that Regulation and also precludes allocation of a special reference quantity under the second subparagraph of Article 3a(1) of Regulation No 857/84 adopting general rules for the application of the additional milk levy.

By contrast, breach of one or more other obligations connected with the non-marketing or conversion scheme and entailing loss of the premium cannot affect a producer's entitlement to a special reference quantity if he has in fact ceased marketing under that scheme.

If only some of the milk was marketed in breach of the undertaking given, the producer forfeits entitlement to the premium but retains the right to a special reference quantity if he may rely on a legitimate expectation, that is to say, only in so far as he has complied with the undertaking not to market. Excluding the allocation of a special reference quantity to the producer in due proportion to the extent of the breach is in any event compatible with the principle of proportionality, inasmuch as it does not appear to be manifestly inappropriate in view of the purpose of the relevant provision in Regulation No 857/84, as amended by Regulation No 1639/91, which is to enable farmers who have suspended marketing in accordance with the undertaking given under Regulation No 1078/77 to resume production.
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1. Procedure - Opinion of the Advocate General - Detailed rules on the delivery of Opinions

2. Social policy - Men and women - Equal pay - Article 119 of the Treaty (Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) - Temporal limitation of the effects of the judgment of 8 April 1976 in Case 43/75 Defrenne II - Provisions of national law providing for entitlement to retroactive membership of an occupational pension scheme not precluded

(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 EC to 143 EC))

Summary

$$1. The fact that the operative part of the Opinion of the Advocate General is read at a sitting of a Chamber other than the Chamber which is to give judgment in the case does not involve any infringement of the rules applicable to the Court or of the rights enjoyed by the parties in the main proceedings. The Judges of the Chamber hearing the case may be apprised of the Opinion of the Advocate General through the deposit of that document at the Court Registry. An Opinion is made public, inter alia, by the reading of the operative part thereof at a public sitting and the said deposit of the Opinion at the Registry.

( see paras 26-27 )

2. The limitation in time resulting from the judgment of 8 April 1976 in Case 43/75 Defrenne II of the possibility of relying on the direct effect of Article 119 of the Treaty (Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) does not preclude national provisions which lay down a principle of equal treatment by virtue of which all part-time workers are entitled to retroactive membership of an occupational pension scheme and to receive a pension under that scheme.

That limitation was not intended in any way to deprive the workers concerned of the opportunity of relying on national provisions laying down a principle of equal treatment. National provisions having the effect of ensuring application of the principle of equal pay for men and women contribute to the implementation of Article 119 of the Treaty. In such circumstances, the principle of legal certainty, which may move the Court, exceptionally, to limit the possibility of relying on a provision which it has interpreted, does not fall to be applied and does not preclude the application of national provisions which ensure a result which conforms with Community law.

Moreover, the fact that the relevant national provisions prohibit all discrimination against workers by reason of the fact that they work on a part-time basis, and not by reason of their sex, does not affect that interpretation.

( see paras 46-48, 50, 56, operative part 1-2 )
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Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible

(EC Treaty, Art. 169)

Summary

In justifying failure to comply with the obligations and time-limits laid down by a directive, a Member State may not rely either on mere apprehension of internal difficulties or the fact that the failure to adopt measures to transpose the directive has had no adverse consequences on other Member States.
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Officials - Reimbursement of expenses - Installation allowance - Purpose - Official formerly a national expert on detachment to a Community institution

(Staff Regulations, Annex VII, Arts 5(1) and 5(3), second para.)

Summary

It is clear from Article 5(1) of Annex VII to the Staff Regulations, and from the second subparagraph of Article 5(3) thereof, that the installation allowance, which is flat-rate and indivisible in nature, is automatically payable to an official at the time of his establishment - provided that he is entitled to the expatriation allowance and that it is established that he has settled in the place of employment - and there is no need for that official to show the existence of actual expenses.

The installation allowance is designed to offset the inevitable expenses entailed for the official concerned in passing from a precarious status (usually that of a probationary official) to the stable position of an established official, which requires an effort on his part to become integrated, for an indeterminate but substantial period of time, in his place of employment. Entitlement to that allowance is not affected by the fact that in most cases the official continues when established to be settled in the same place as before. By the same token, when an official is granted the installation allowance after being established, the daily subsistence allowance - which is intended to offset the disadvantages stemming from the precarious situation of a probationary official - is discontinued.
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1 Social security for migrant workers - Community rules - Substantive scope - Provisions laid down in agreements - Excluded

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

2 Freedom of movement for persons - Workers - Equal treatment - Conditions of dismissal - Award of supplementary retirement pension points in the event of early retirement - Benefit denied to frontier workers - Indirect discrimination based on nationality - Not permissible

(EC Treaty, Art. 48; Regulation No 1612/68 of the Council, Art. 7(1))

Summary

1 Supplementary retirement pension schemes introduced under agreements concluded by the competent authorities with trade or inter-trade bodies, trade-union organisations or individual undertakings or under collective agreements concluded by both sides of industry, membership of which has been rendered compulsory by decision of the public authorities, do not constitute legislation within the meaning of the first subparagraph of Article 1(j) of Regulation No 1408/71. Consequently, those schemes - together with a system for the validation of concessionary retirement pension points which forms part thereof - are not covered by that regulation, and cannot be assessed in the light of its provisions.

2 A Member State may not exclude frontier workers who have been placed in early retirement from qualifying for supplementary retirement pension points until they reach normal retirement age. Such a system of validation of retirement pension points, which forms an integral part of the advantages granted to workers in the sector concerned, constitutes one of the conditions applicable to their dismissal, within the meaning of Article 7(1) of Regulation No 1612/68 on freedom of movement for workers within the Community. The equal treatment rule laid down in Article 48 of the Treaty and in Article 7(1) of the regulation prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead in fact to the same result. Consequently, a residence condition laid down in relation to the award of retirement pension points, which can more easily be fulfilled by workers possessing the nationality of the Member State concerned - most of whom reside in that State - than by workers from other Member States, is indirectly discriminatory since it is intrinsically liable to affect migrant workers more than national workers and there is a consequent risk that it will place the former at a particular disadvantage.
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Preliminary rulings - Reference to the Court - National court or tribunal within the meaning of Article 177 - Definition - Skatterättsnämnden (Revenue Board) performing an essentially administrative function - Excluded

(EC Treaty, Art. 177)

Summary

A national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature. Skatterättsnämnden (Revenue Board), which performs an essentially administrative function, may thus not refer a question to the Court. Since it does not have as its task to review the legality of the decisions of the tax authorities but rather to adopt a view, for the first time, on how a specific transaction is to be assessed to tax, Skatterättsnämnden is not called upon to decide a dispute.
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Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Capital duty levied on companies - Not applicable in the case of acquisition by a company which already owns all the securities of the companies acquired

(Council Directive 69/335, Arts 4(1)(c) and (d), 2(b) and 10(a), (b) and (c))

Summary

Directive 69/335 concerning indirect taxes on the raising of capital, as amended by Directive 85/303, does not preclude the levying of registration duty in respect of the acquisition of companies by a company which already holds all the shares in the companies acquired.

Such a transaction cannot be brought within one of the cases described in Article 4 of the Directive to which Article 10(a) and (b) thereof refer. It does not entail any increase in the share capital of the acquiring company or consideration in the form of rights of the same kind as those of members - such as voting rights, a share in the profits or a share in the surplus upon liquidation - and does not therefore fall within the scope of Article 4(1)(c) or (d) of the Directive. Nor is such a transaction covered by Article 4(2)(b) since any increase in the assets does not consist in the provision of services by a member. Furthermore, the prohibition, laid down in Article 10(c) of the Directive, on taxation in respect of registration or any other formality required before the commencement of business, to which a company may be subject by reason of its legal form, does not apply to such a registration duty.
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Social policy - Approximation of laws - Collective redundancies - Directive 75/129 - Procedure to be followed in the case of collective redundancies - Option available to Member States to provide for derogations - Conditions - Collective redundancies following termination of an establishment's operations as a result of a judicial decision - Meaning

(Council Directive 75/129, Arts 3(1), second para., and 4(4), as amended by Directive 92/56)

Summary

The second subparagraph of Article 3(1), and Article 4(4) of Directive 75/129 on the approximation of the laws of the Member States relating to collective redundancies, as amended by Directive 92/56, must be interpreted to the effect that the derogations provided for therein do not apply to collective redundancies occurring on the same day as that on which the employer files a winding-up petition and terminates the undertaking's activities, and the competent court subsequently, and without any deferment other than that resulting from the date which it sets for the hearing, issues a winding-up order pursuant to the winding-up petition, that order taking effect for a number of purposes from the date on which the petition was filed.
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Accession of new Member States to the Communities - Finland - Free movement of goods - Common Customs Tariff - Temporary derogation - National customs tariff applicable to non-member countries for certain products - Application to imports of products originating in a non-member country which have been released into free circulation in another Member State - Not permissible

(Act of Accession 1994, Art. 99)

Summary

Article 99 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden is to be interpreted as not having permitted the Republic of Finland to levy, for a period of three years from its accession to the Community on 1 January 1995, customs duties on imports of products which had already been released into free circulation in another Member State.

The wording of Article 99 of the Act of Accession shows that that provision constitutes a temporary derogation from the application in full of the Common Customs Tariff in trade between the Republic of Finland and non-member countries as regards the products referred to in Annex XI to the Act of Accession. It does not, however, provide for any derogation from the principle of free movement of goods between Member States, whether in relation to products originating in the Member States or to products assimilated thereto.
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Common Customs Tariff - Tariff headings - Junction boxes without cables or contacts - Classification, on the basis of General Interpretation Rule 2(a), under subheading 8536 90 85 of the Combined Nomenclature - Reliance, for the purposes of interpretation, on the Customs Cooperation Council's explanatory notes concerning the Nomenclature - Limits

Summary

The Combined Nomenclature must be interpreted as meaning that a product consisting of a rectangular container with a lid of coated die-cast aluminium (aluminium/silicon alloy with aluminium content predominant by weight), four steel connecting bolts and four earthing bolts of copper-plated steel (packed loose in the product and yet to be inserted into threaded holes provided for that purpose), which is intended to receive electrical terminals and holes enabling electrical circuits to be connected, must be classified, in accordance with Rule 2(a) of the General Rules for the interpretation of the Combined Nomenclature, under subheading 8536 90 85 as an incomplete junction box.

The absence of terminals cannot mean that the product lacks the essential characteristics of a junction box and that it cannot therefore be regarded as an incomplete junction box, inasmuch as those terminals are fitted subsequently only because their form and dimensions depend on the industrial use to which the box is to be put.

That interpretation is not invalidated by the Customs Cooperation Council's explanatory notes, which provide that such products are to be classified according to their constituent material. Those notes do not have legally binding force, so that it is necessary, where appropriate, to examine whether their content is in accordance with the actual provisions of the Common Customs Tariff and whether they alter the meaning of those provisions.
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1 Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EC Treaty, Art. 169)

2 Procedure - Costs - Discontinuance or withdrawal justified by the conduct of the other party

(Rules of Procedure of the Court of Justice, Art. 69(5))
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1 Approximation of laws - Appliances burning gaseous fuels - Directive 90/396 - Complete harmonisation - National rules impeding the putting into service of heaters which comply with the Directive - Not permissible

(Council Directive 90/396, Art. 4(1))

2 Free movement of goods - Derogations - Purpose - Existence of directives on the approximation of laws - Effects

(EC Treaty, Art. 36)

Summary

1 Directive 90/396 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels has completely harmonised the essential requirements which gas appliances must satisfy. Consequently, if the appliances referred to in the Directive meet those requirements, that is sufficient to enable them to be placed on the market and put into service. A Member State therefore fails to fulfil its obligations under that Directive if it establishes and maintains in force a system which, in cases where gas appliances are newly installed or converted, requires that only `sealed' heaters be used in living areas, thereby implicitly prohibiting the installation of other types of heater which comply with the Directive.

2 Where Community directives provide for the harmonisation of the measures necessary to ensure the protection of animal and human health and establish Community procedures to monitor compliance, recourse to Article 36 of the Treaty is no longer justified and the appropriate checks must be carried out and the measures of protection adopted within the framework outlined by the harmonising directive.