ddrg/super_eurlex huggingface dataset:
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1. Agriculture ° EAGGF ° Clearance of accounts ° Finding by the Court of the existence in a Member State of unlawful practices extending over a number of years ° Refusal to charge expenditure for a subsequent year to the EAGGF ° Refusal by the Member State concerned of the Commission' s requests for on-the-spot inquiries ° Burden of proof on the Member State

2. Agriculture ° EAGGF ° Clearance of accounts ° Amounts to be paid to the EAGGF by a Member State by way of the co-responsibility levy in the cereals sector ° Calculation based on information provided by the national authorities ° Subsequent amendment of the data communicated ° Not permissible in the absence of plausible justification

3. Agriculture ° Common agricultural policy ° Financing by the EAGGF ° Principles ° Recalculation by the national authorities of the amount of a security declared forfeit in accordance with indications provided by the Commission ° Not permissible

Summary

1. Where the Court finds in a number of judgments that practices exist in a Member State which are incompatible with the Community rules on the common organizations of the markets and that that Member State has consistently resisted the Commission' s requests for on-the-spot inquiries, the Commission is entitled, in the context of the procedure for the clearance of EAGGF accounts, to consider that those practices continued after the period to which the Court' s findings related and, in the absence of proof to the contrary from the Member State concerned, to refuse to charge to the EAGGF expenditure in the sector affected by the unlawful practices.

2. It is for the national authorities which subsequently amend figures of decisive significance for the purposes of the calculation of the amount which the Member State concerned owes to the EAGGF in connection with the co -responsibility levy in the cereals sector to provide sufficient specific information to justify that change.

3. Where the Commission, after receiving a complaint regarding the total forfeiture of a security given by an economic operator which has purchased intervention products, has informed the national authorities concerned that it is possible to recalculate the amount of the security having to be regarded as definitively forfeit and makes that recalculation conditional solely on the primary obligation undertaken by the operator being fulfilled, the national authorities cannot be criticized, on the clearance of the EAGGF accounts, for having effected that recalculation in accordance with a method consistent with the content of the communication sent to them, even though it may be incorrect or incomplete.
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1. Social policy ° Male and female workers ° Equal pay ° Pay ° Concept ° Supplementary retirement pension paid by a private occupational scheme ° Included ° Setting of an age condition varying according to sex for acquisition of entitlement to a pension ° Not permissible

(EEC Treaty, Art. 119)

2. Social policy ° Male and female workers ° Equal pay ° Article 119 of the Treaty ° Applicability to private occupational pension schemes ° Finding in the judgment of 17 May 1990 in Case C-262/88 Barber ° Effects limited to benefits payable in respect of periods of service subsequent to the date of that judgment

(EEC Treaty, Art. 119; Council Directive 86/378)

Summary

1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to the prohibition of discrimination based on sex laid down by that provision. It does not matter in this regard that the scheme was established in accordance with national legislation and this requires the pension for which the scheme provides to be paid at the same time as the employee begins to draw the statutory pension.

Consequently, it is contrary to Article 119 of the Treaty if under a supplementary occupational pension scheme a male employee is entitled to claim a company pension only at a higher age than a female employee in the same situation owing to the setting of different retirement ages for men and women.

2. Article 119 applies directly to all forms of discrimination which may be identified solely with the aid of the criteria of equal work and equal pay referred to by that article, without national or Community measures being required to define them with greater precision in order to permit their application.

Since with the aid of the constitutive elements of the pay in question and of the criteria laid down in Article 119 discrimination may be directly identified as arising from the setting of different retirement ages for men and women in the matter of company pensions, the worker discriminated against may, notwithstanding the provisions of Directive 86/378, assert his rights to payment of the company pension at the same age as his female counterpart and any reduction in the event of early departure from the service of the undertaking must be calculated on the basis of that age.

However, by virtue of the judgment of 17 May 1990 in Case C-262/88 Barber, the direct effect of Article 119 of the Treaty may be relied on in order to claim equal treatment in the matter of occupational pensions only in relation to benefits payable in respect of periods of service subsequent to the date of that judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law.
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Agriculture ° Monetary compensatory amounts ° Grant ° Exportation from one Member State to another of cheddar cheese originating in New Zealand ° Included ° Exception ° Import and export transactions effected for the sole purpose of wrongfully securing an advantage under the relevant legislation

(Commission Regulations No 1371/81 and No 900/84)

Summary

Regulation No 900/84 fixing the monetary compensatory amounts and certain coefficients and rates required for their application and Regulation No 1371/84 laying down detailed rules for the administrative application of monetary compensatory amounts must be interpreted as meaning that positive monetary compensatory amounts may be applied to exports of New Zealand cheddar cheese from one Member State to another in cases where no negative compensatory amounts and, following the amendments to the Joint Discipline Arrangement between New Zealand and the Community, no minimum price rules were applied to the product on its importation into the first Member State, unless it can be shown that the import and export transactions were effected for the sole purpose of wrongfully securing an advantage under the above regulations.
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Agriculture ° Approximation of laws on animal health ° Veterinary and zootechnical checks in intra-Community trade in live animals and products of animal origin ° Directive 90/425 ° Full harmonization ° Adoption by the Commission of measures necessary to avert the threat of a new pig disease ° National decision banning imports from other Member States ° Not permissible ° Justification under Article 36 of the Treaty ° Not permissible

(EEC Treaty, Art. 36; Council Directives 64/432, Art. 9, and 90/425, Art. 10; Commission Decision 91/237)

Summary

The entry into force of Article 10 of Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to completion of the internal market had the effect of prohibiting a Member State from relying on Article 9 of Directive 64/432 on animal health problems affecting intra-Community trade in bovine animals and swine as justification for a decision to close its borders to certain pig imports as a precautionary measure.

On the one hand, the said Article 10, which replaces the said Article 9, gives the Commission the power to adopt the measures necessary to deal with any serious hazard to animals and to human health and henceforth only leaves Member States with the option, if they detect a disease in the course of a check, of taking the preventive measures provided for in the Community rules, or, on serious health grounds, strictly limited protective measures pending the measures to be taken by the Commission. On the other hand, the fact that Article 10 refers to inspection measures set out in other provisions of the directive, the deadline for transposition of which only expires subsequently, is irrelevant, as a Member State which has not yet carried out such transposition may implement such measures on the basis of Directive 64/432 which remains in force until Directive 90/425 has been fully transposed.

Since, in the fields they cover, Directives 64/432 and 90/425 have brought about the full harmonization of the animal-health measures which Member States may take, Member States may no longer invoke Article 36 of the Treaty to justify measures banning or restricting imports in intra-Community trade.

Consequently, when the Commission, faced with the threat posed by the emergence of a new pig disease, has taken measures in a decision adopted on the basis of Article 10 of Directive 90/425 requiring Member States where the disease is rife to destroy products from infected holdings and not to export animals from high-health-risk municipalities, a Member State which decides to close its borders to imports from the Member States concerned until further notice is failing to fulfil its obligations under the Treaty.
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1. Officials ° Vacancy notice ° Filling of post by promotion ° Consideration of the comparative merits of candidates ° Power of appraisal of the administration ° Limits ° Observance of the conditions laid down in the vacancy notice ° Review by the Court ° Scope ° Vacancy notice laying down technical conditions extending beyond the knowledge of the Court ° Appointment of an expert ° Whether permissible

2. Appeal ° Pleas ° Plea directed against a ground of the judgment not incorporated in the operative part ° Plea ineffective

3. Appeal ° Subject-matter of the dispute ° Counterclaim for compensation for non-material damage suffered as a result of the appeal ° Inadmissible

(Rules of Procedure of the Court of Justice, Art. 116)

Summary

1. Although the appointing authority has wide discretion in comparing the candidates' merits and reports, especially with a view to filling a post, it must exercise it within the self-imposed limits set by the vacancy notice. Accordingly, in exercising the discretion available to it regarding an appointment or promotion, it must examine carefully and impartially all the relevant parts of each application and meticulously observe the requirements laid down in the vacancy notice, thus being required to reject any candidate who does not meet those requirements.

It is incumbent on the Court of First Instance, in exercising its power of judicial review, to verify whether the candidate chosen by the appointing authority to occupy the vacant post actually satisfied those conditions. If the vacancy notice includes conditions of such a technical nature that the Court does not have the necessary knowledge to determine their scope and content, the Court is empowered to appoint an expert in order to establish, objectively, the precise scope of those requirements. The power to appoint an expert enables it, in the discharge of its duties, to undertake a detailed examination of the facts of the dispute on which it must adjudicate. If that possibility were not available, the appointing authority could escape any judicial review whenever its power of appraisal was exercised in a technical field in which the Court did not have the appropriate knowledge to determine whether the appointing authority had exceeded the bounds of the legal framework imposed on it.

2. Since one of the grounds relied on by the Court of First Instance is sufficient to justify the operative part of the judgment, such defects as might affect another ground of the judgment in any event have no bearing on the operative part and a plea based on them is ineffective and must be rejected.

3. By virtue of Article 116 of the Rules of Procedure of the Court of Justice, according to which a response in an appeal may not change the subject-matter of the dispute before the Court of First Instance, a counterclaim by a respondent for compensation for non-material damage allegedly suffered as a result of the appeal is inadmissible.
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Social security for migrant workers ° Legislation of a Member State within the meaning of Article 1(j) of Regulation No 1408/71 ° Concept ° Social security convention concluded between a single Member State and a non-member State ° Excluded ° Convention incorporated as statute law into the domestic legal order ° No effect

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

Summary

It follows from the provisions of Regulation No 1408/71 that the only international social security conventions which fall within its field of application are those to which at least two Member States are contracting parties and that the regulation applies to conventions concluded with one or more non-member States only in so far as relations between Member States are concerned. On the other hand, no provision of the regulation covers conventions concluded between a single Member State and one or more non-member States, either as regards the question whether and to what extent the scheme of the regulation is to replace them or as regards the application of the principle of equal treatment. It must therefore be concluded that the regulation was intended to exclude such conventions from its field of application.

In those circumstances Article 1(j) of Regulation No 1408/71 must be interpreted as meaning that the concept of "legislation" referred to in that article does not cover the provisions of international social security conventions concluded between a single Member State and a non-member State. That interpretation is not invalidated by the fact that such conventions have been incorporated, as statute law, into the domestic legal order of the Member State concerned.
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Common Customs Tariff ° Tariff headings ° Thermorecorder which converts measurements already carried out by other instruments ° Classification under headings 9030 and 9030 81 90 of the Combined Nomenclature ° Exclusion

Summary

The Combined Nomenclature should be interpreted as meaning that a thermorecorder which picks up electrical input signals corresponding to values measured by other pieces of apparatus, converts them by means of a analogue/digital converter, renders them visible and records them on thermal paper, does not fall within heading 9030, or, more specifically, subheading 9030 81 90. Only apparatus whose very purpose is to carry out measurements of or checks on electrical quantities can be regarded as apparatus for measuring or checking electrical quantities.
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1. Community law ° Principles ° Rights of the defence ° Observance of those rights in the course of national proceedings concerning application of the competition rules ° Scope ° Civil proceedings between individuals which cannot lead to the imposition of a penalty by a public authority ° Right to refuse to give an answer implying admission of an infringement of the competition rules ° None

(EEC Treaty, Arts 85 and 86)

2. Competition ° Administrative procedure ° Use by the Commission, or by a national authority, of information unobtainable through investigations under Regulation No 17 but obtained in the course of civil proceedings between individuals as proof in proceedings which may result in the imposition of penalties, or as evidence justifying the initiation of an investigation prior to such proceedings ° Not permissible

(EEC Treaty, Arts 85 and 86; Council Regulation No 17)

Summary

1. Community law does not require a national court, when assessing an application for an order for provisional examination of witnesses prior to the initiation of civil proceedings, to apply the principle that an undertaking is not obliged to answer questions if the answer they call for entails admission that the competition rules have been infringed.

The application of Articles 85 and 86 of the Treaty by the national authorities is, in principle, governed by national procedural rules. Subject to the observance of Community law, and in particular its fundamental principles, it is a matter for national law to define the appropriate procedural rules in order to guarantee the rights of the defence of the persons concerned, which may differ from those applied in Community proceedings. Although Community law requires that a party be granted the right not to give answers which might entail admission of the existence of an infringement of the competition rules in the course of a procedure initiated by the Commission under Regulation No 17, it is a guarantee essentially intended to protect an individual against measures of investigation ordered by a public authority in order to obtain his admission of the existence of conduct laying him open to penalties imposed by that authority, which cannot be transposed to national civil proceedings involving the application of Articles 85 and 86 of the Treaty that exclusively concern private relations between individuals and cannot lead, directly or indirectly, to the imposition of a penalty by a public authority.

2. Information which the Commission could not have obtained using its powers under Regulation No 17, but which has been brought to its attention after having been obtained in the course of national proceedings concerning the application of Articles 85 and 86 of the Treaty, cannot be used by it ° or for that matter by a national authority ° in order to establish an infringement of the competition rules in proceedings which may result in the imposition of penalties, or as evidence justifying the initiation of an investigation prior to such proceedings.
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Agriculture ° Common organization of the markets ° Rules on lodging security ° Force majeure ° Concept ° Amendment in a State-trading country of the quality requirements for imported products ° No longer possible to carry out an export operation in respect of which security has been lodged ° Not force majeure

(Commission Regulation No 765/86)

Summary

In the context of agricultural relations, the concept of force majeure takes into account the particular nature of the public-law relationships between traders and the national administration, as well as the objectives of those regulations. It is not limited to absolute impossibility but must be understood in the sense of abnormal and unforeseeable circumstances, outside the control of the trader concerned, the consequences of which, in spite of the exercise of all due care, could not have been avoided except at the cost of excessive sacrifice.

The amendment of the legislation of a non-member country governing the quality of imported products, in consequence of which it is impossible to carry out an export to that non-member country, planned by a trader and entailing commitments on his part ° such as the lodging of a security under the rules on tenders in Regulation No 765/86 laying down detailed rules for the sale of butter from intervention stock for export to certain destinations ° must be regarded as a circumstance outside the control of the trader concerned.

However, in the case of exports to a State-trading country, such an occurrence cannot be regarded as abnormal and unforeseeable. On the contrary, it constitutes a usual commercial risk in commercial transactions with an organization of such a country which is directly subject to the public authority of that State. Traders who engage in such transactions run the risk that the legislation governing the import of products sold to that State-trading organization will subsequently be altered by sovereign act of the State in question, even after a very long period of stability.

A prudent trader, who cannot be unaware of that risk and who is at liberty to choose his trading partners, must take appropriate precautions, either by inserting a suitable clause in the contract or by taking out specific insurance. If that is not possible and he still enters the contract, he accepts that risk and must bear the consequences.
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1. Freedom to provide services ° Services ° Definition ° Courses given in an establishment of higher education financed out of public funds ° Excluded

(EEC Treaty, Art. 60, first para.)

2. Freedom to provide services ° Restrictions ° System of educational grants excluding nationals resident within the State itself who pursue studies in another Member State ° Permissible as regards courses which do not constitute services

(EEC Treaty, Arts 59, 60 and 62)

Summary

1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty.

Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided in an establishment of higher education which is financed out of public funds and where students pay only enrolment fees.

Conversely, courses given in an establishment of higher education which seeks to make an economic profit and which is financed essentially out of private funds, particularly out of payments made by students or their parents, do constitute services within the meaning of Article 60 of the Treaty.

2. Where the courses concerned are followed in an establishment whose activities do not constitute services within the meaning of Article 60 of the Treaty, Articles 59 and 62 of the Treaty do not preclude a Member State from amending its legislation on educational grants, after the entry into force of the Treaty, so that nationals who are resident in that State may claim a grant only if they pursue education or training within the State itself, where previously they could receive a grant for studies pursued in another Member State.
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Freedom of movement for persons - Workers - Equal treatment - Access to employment - Account taken by a public body of a Member State when recruiting staff of previous employment in a public service - Distinction, with regard to Community nationals, between employment in the national public service and employment in the public service of another Member State - Covert discrimination - Not permissible

(EEC Treaty, Art. 48)

Summary

Article 48 of the EEC Treaty 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. It must accordingly be interpreted as meaning that, where a public body of a Member State, in recruiting staff for posts which do not fall within the scope of Article 48(4) of the Treaty, provides for account to be taken of candidates' previous employment in the public service, that body may not, in relation to Community nationals, make a distinction according to whether such employment was in the public service of that particular State or in the public service of another Member State.