ddrg/super_eurlex huggingface dataset:
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1. Freedom to provide services ° Provisions of the Treaty ° Field of application ° Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States ° Inclusion

(EEC Treaty, Art. 59 et seq.)

2. Freedom to provide services ° Restrictions ° Rules linking the grant of licences to dub cinematographic films from third countries to the distribution of national films ° Discriminatory effect with regard to producers established in other Member States ° Not permissible ° Derogations ° Grounds of public policy ° Pursuit of objectives of an economic nature ° Not permissible

(EEC Treaty, Arts 56 and 59)

Summary

1. The exploitation of cinematographic films in a cinema or on television, in the context of which the producers authorize the distributors to make copies of their films and to organize public performances by means thereof, all in return for remuneration, constitutes a provision of services. Where it is of a trans-frontier nature, since producers and distributors are not established in the same Member State, it comes under the provisions of the Treaty with regard to freedom to provide services.

2. The provisions of the Treaty concerning freedom to provide services must be interpreted as precluding national rules which reserve the grant of licences for dubbing cinematographic films from third countries into one of the official national languages to distributors who undertake to distribute national films.

Such rules are discriminatory inasmuch as, to the extent to which the public preference is very largely for films from third countries dubbed into one of the national languages, they award preferential treatment to the producers of national films who, by reason of the heavy demand for dubbing licences, have a guarantee that their films will be distributed and that they will receive the corresponding receipts, in comparison with producers established in other Member States who are dependent solely on the choice of the distributors, and do not come within an express derogation of the kind contained in Article 56 of the Treaty, to which Article 66 refers. In that respect, apart from the fact that the pursuit of a cultural policy is not amongst the justifications set out in Article 56, rules which promote the distribution of national films, whatever their content or quality, pursue only an objective of a purely economic nature which does not constitute a ground of public policy within the meaning of that article.
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1. Preliminary rulings ° Jurisdiction of the Court ° Interpretation of national law ° Precluded ° Provision intended to implement a Community directive ° No effect

(EEC Treaty, Art. 177)

2. Approximation of laws ° Disposal of waste oils ° Legislation of a Member State restricting the grant of the requisite approval to national undertakings ° Incompatible with Directive 75/439

(Council Directive 75/439)

Summary

1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, those courts are required to interpret their national law in the light of the wording and the purpose of the directive.

2. Directive 75/439 on the disposal of waste oils precludes national legislation establishing a system of collection and disposal of waste oils for the benefit of undertakings to which the administrative authorities grant approval for exclusive zones, and which in fact allows such approval to be granted only to national undertakings.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Supply of services ° Determination of place of taxation ° "Advertising services" within the meaning of the Sixth Directive ° Definition ° Promotional activities

(Council Directive 77/388, Art. 9(2)(e))

Summary

The concept of "advertising services" within the meaning of Article 9(2)(e) of the Sixth Directive, relating to the place of taxation for certain supplies of services, is a Community concept which must be interpreted uniformly in order to avoid instances of double taxation or non-taxation which may result from conflicting interpretations.

That concept covers a promotional activity, such as the sale of goods at reduced prices, the handing-out to consumers of movable tangible property sold to the recipient by an advertising agency, the supply of services at reduced prices or free of charge, or the organization of a cocktail party or banquet, if that activity involves conveying a message intended to inform the public of the existence and the qualities of the product or service which is the subject-matter of the activity, with a view to increasing the sales of that product or service. The same applies to any activity which forms an inseparable part of an advertising campaign and which thereby contributes to conveying the advertising message, which is the case with regard to the production of aids used for a particular advertisement.
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1. Free movement of goods ° Customs duties ° Charges having equivalent effect ° Internal taxation ° Compulsory contribution constituting a parafiscal charge applied to domestic and imported products but benefiting only the former ° Basis for classification ° Similar charge levied in the exporting Member State not taken into account ° Criterion not decisive

(EEC Treaty, Arts 9, 12 and 95)

2. State aid ° Concept ° Compulsory contribution constituting a parafiscal charge applied to domestic and imported products but benefiting only the former ° Included ° Conditions

(EEC Treaty, Arts 92 and 93)

Summary

1. A compulsory contribution constituting a parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the burden borne by those products, constitutes a charge having an effect equivalent to customs duties prohibited by Articles 9 and 12 of the Treaty. If those advantages only partly offset the burden borne by domestic products, the charge constitutes discriminatory internal taxation within the meaning of Article 95 of the Treaty, the collection of which is prohibited as regards the proportion used to offset the burden borne by the domestic products. The mere fact that the charge is levied on imported products without deduction of a domestic charge, similar in kind but regulated independently by national legislation which was imposed on the same products in the exporting Member State, does not render the charge incompatible with Article 95 of the Treaty.

2. The collection of a compulsory contribution constituting a parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, may constitute State aid incompatible with the common market if the conditions for the application of Article 92 of the Treaty are met, that being a matter which the Commission alone is competent to determine in accordance with the procedure laid down for that purpose in Article 93 of the Treaty and subject to review by the Court.
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Actions against Member States for failure to fulfil obligations - Scope of proceedings - Determined in the course of the pre-litigation procedure - Subsequent widening - Not permissible

(EEC Treaty, Art. 169)

Summary

The scope of an action brought under Article 169 of the Treaty is delimited by the pre-litigation procedure provided for by that article. Consequently the action cannot be founded on any complaints other than those formulated in the reasoned opinion.
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Transport ° Road transport ° Social provisions ° Prohibition on driving continuously for more than four-and-a-half hours ° Calculation of the duration of breaks

(Council Regulation No 3820/85, Art. 7(1) and (2))

Summary

Article 7(1) and (2) of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport is to be interpreted as prohibiting drivers to which it applies from driving continuously for more than four-and-a-half hours. However, where a driver has taken 45 minutes' break, either as a single break or as several breaks of at least 15 minutes during or at the end of a four-and-a-half hour period, the calculation provided for by Article 7(1) of the regulation should begin afresh, without taking into account the driving time and breaks previously completed by the driver.

The calculation provided for by Article 7(1) of Regulation No 3820/85 begins at the moment when the driver sets in motion the recording equipment provided for by Regulation No 3821/85 and begins driving.
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Convention on Jurisdiction and the Enforcement of Judgments ° Exclusive jurisdiction ° Proceedings which have as their object rights in rem in immovable property ° Concept ° Proceedings relating to the existence of a trust attaching to immovable property ° Excluded

(Convention of 27 September 1968, Art. 16(1))

Summary

In order for Article 16(1) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil Matters to apply, it is not sufficient that a right in rem in immovable property be involved in the action or that the action have a link with immovable property: the action must be based on a right in rem and not on a right in personam, save in the case of the exception concerning tenancies of immovable property.

It follows that an action for a declaration that a person holds immovable property as trustee and for an order requiring that person to execute such documents as should be required to vest the legal ownership in the plaintiff does not constitute an action in rem within the meaning of Article 16(1) of the Convention.
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Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Recourse to an outside undertaking for carrying out cleaning work previously performed by the staff of the undertaking - Included - Activity involving a single employee - Immaterial

(Council Directive 77/187, Art. 1(1))

Summary

Article 1(1) of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as covering a situation in which an undertaking entrusts by contract to another undertaking the responsibility for carrying out cleaning operations which it previously performed itself, even though, prior to the transfer, such work was carried out by a single employee.

Neither the fact that such a transfer relates only to an ancillary activity of the transferor not necessarily connected with its objects, nor the fact that it is not accompanied by any transfer of tangible assets, nor the number of employees concerned is capable of exempting such an operation from the scope of the directive since the decisive criterion for establishing whether there is a transfer for the purposes of that directive is whether the business in question retains its identity, as indicated in particular by the actual continuation or resumption by the new employer of the same or similar activities.
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Agriculture ° Common organization of the markets ° Cereals ° Co-responsibility levy ° Operations affected ° Marketing of products ° Concept ° Sale subject to a repurchase clause to a processor ° Included ° Reimbursement of the levy charged in the event of the exercise of the right of repurchase in respect of processing carried out by a third party on behalf of a producer who uses the processed products on his own holding ° Not permissible

(Commission Regulation No 3779/88)

Summary

Having regard to the objective pursued by the co-responsibility levy in the cereals sector, which is to limit the structural surpluses on the market, the question whether or not the products are placed on the market is the distinguishing criterion for determining whether or not traders are liable to pay the levy. Placing on the market occurs as soon as a producer divests himself of the cereals which he has produced to sell them to a processor, whoever he may be, even if that producer subsequently buys back the cereals from the processor in the form of processed products.

Under a system of sale subject to a repurchase clause, the placing of the cereals on the market occurs at the time of the sale by the producer. Even if, under national law, the exercise of the right of repurchase restores the situation existing before the sale, it does not remove the effect which that sale had on the market and on the level of prices by increasing the volume of quantities offered. Accordingly, such a system does not justify reimbursement of the levy under Regulation No 3779/88 on the reimbursement of the levy in respect of first-stage processing undertaken on a producer' s account.
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Association of the overseas countries and territories ° Importation into the Community of products originating in the overseas countries and territories free of customs duties ° Grant of derogations from the rules on origin ° Procedure ° Time-limit within which Community authorities are to take a decision on requests for derogation ° Starting-point ° Receipt of request that satisfies the formal requirements ° Implied acceptance when no decision is taken within the time-limit ° Decision of refusal taken by the Commission after the time-limit has expired ° Unlawful

(Council Decision 91/482, Annex II, Art. 30)

Summary

In the context of allowing products originating in the associated overseas countries and territories to be imported into the Community free of customs duties and taxes having equivalent effect, the time-limit of 60 working days afforded to the Community authorities by Article 30(8) of Annex II to Council Decision 91/482 for taking a decision on a request for derogation from the rules of origin applicable to the said products, by the end of which, if no decision has been taken, the request is deemed to have been accepted, commences as soon as the President of the Committee on Origin has received a request that satisfies the formal requirements, that is to say, includes the information required pursuant to the second subparagraph of Article 30(1), read in conjunction with Article 30(2), so that the Committee on Origin and the Commission are in a position to decide on the merits whether the request should be acceded to or refused. It is not necessary that the information supplied should be regarded by the Commission as justifying the request in order for the time-limit to commence, because the question whether a request satisfies the formal requirements is distinct from consideration of its merits. It is of course open to the Commission to ask for further information, but if it avails itself of that course the time-limit is not thereby extended.

Accordingly, a decision by the Commission refusing, after the time-limit of 60 working days has expired, a request for derogation that satisfies the formal requirements when received is unlawful, on the ground that it was taken when the Commission was no longer empowered to do so ratione temporis, and must be annulled.
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Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Practitioners of dentistry - Recognition of diplomas and qualifications - Directive 78/686/EEC - Scope - Qualification testifying to training acquired in a non-member State - Excluded - Recognition of equivalence of qualification by one of the Member States - No effect

(Council Directives 78/686, Art. 7, and 78/687, Art. 1(4))

Summary

Article 7 of Directive 78/686/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, does not require Member States to recognize diplomas, certificates and other evidence of formal qualifications which do not testify to dental training acquired in one of the Member States of the Community.

The mutual recognition of qualifications in dentistry awarded by the Member States, for which provision is made in Directive 78/686, is based on the guarantees provided by the application of minimum criteria for training imposed by Directive 78/687. In relations with non-member States, such coordination of legislation on training can be established only by agreements concluded between the States concerned. Thus although, by virtue of Article 1(4) of Directive 78/687/EEC, Member States remain free, in accordance with their own rules in respect of their own territory, to authorize holders of qualifications obtained in non-Community States to take up and pursue the activities of a dental practitioner, recognition by one Member State of qualifications awarded by non-member States does not bind the other Member States.
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Community law - Principles - Equal treatment - Discrimination on grounds of nationality - University studies in a Member State preparing for a qualification for an occupation - Enrolment fee or "minerval" payable only by nationals of other Member States - Refusal by universities to enrol nationals of other Member States who cannot be taken into account for the purposes of the universities' financing - Restriction of the possibilities for nationals of other Member States to obtain reimbursement of "minervals" unduly paid - Prohibition

(EEC Treaty, Arts 5 and 7)

Summary

A Member State which

makes access to its university institutions' courses for nationals of other Member States who have come to that Member State solely for the purpose of those courses conditional on payment of a supplementary enrolment fee or "minerval" unless those nationals have already been admitted to courses of study in their countries of origin and have paid the enrolment fees for those courses, where its own nationals are not subject to such a condition,

gives the rectors of university institutions the right to refuse to register nationals of other Member States where they cannot be taken into account for the purposes of the financing of those institutions,

restricts the possibilities for students who are nationals of other Member States to avail themselves of the right they enjoy under Community law to obtain reimbursement of "minervals" unduly paid,

applies, in an area falling under the Treaty, discrimination on grounds of nationality which is prohibited by Article 7 of the Treaty and disregards its obligations under Article 5 of the Treaty.
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Community law - Principles - Equality of treatment - Discrimination on grounds of nationality - Free admission to museums of a Member State granted only to nationals, foreigners resident there and young persons under 21 years of age - Discrimination against nationals of other Member States who enjoy freedom of movement, in particular as recipients of services - Prohibited

(EEC Treaty, Arts 7 and 59)

Summary

The discrimination against foreign tourists more than 21 years of age which results in a Member State from the rules on admission to State museums which grant free admission only to nationals of that State, foreigners resident there and young persons under 21 years of age is, for Community nationals, prohibited by Articles 7 and 59 of the Treaty.

The freedom to provide services recognized by Article 59 of the Treaty includes the freedom for recipients of services, including tourists, to go to another Member State in order to enjoy those services under the same conditions as nationals. Since visiting museums is one of the determining reasons for which tourists decide to go to another Member State, discrimination with regard to admission to museums may have an effect on the conditions under which services are provided, including the price thereof, and may therefore influence the decision of some persons to visit the country.
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1. Officials ° Recruitment ° Appointment in grade and classification in step ° Appointment to a higher grade in a career bracket ° Exercise by the administration of its discretion ° Taking into account of the interests of the service and the practical experience of the person concerned ° Judicial review ° Limits

(Staff Regulations, Art. 31(2) and Art. 32, second para.)

2. Appeals ° Pleas ° Breach of the obligation to reply to the pleas and conclusions of the parties ° Erroneous assessment by the Court of First Instance of the import of a plea submitted at first instance ° Appeal well founded

(Protocol on the Statute of the Court of Justice of the EEC, Art. 51)

3. Officials ° Duty on the part of the administration to have regard to the welfare of officials ° Scope

Summary

1. With regard to classification in grade and step upon recruitment, the appointing authority has a wide discretion in the context of Article 31 and the second paragraph of Article 32 of the Staff Regulations. In exercising that power, the appointing authority must take into account not only the interests of the service but also the previous experience of the person concerned.

Where the discretion is so wide, judicial review cannot take the place of assessment by the appointing authority but must be restricted to the question whether that authority exercised its powers in a manifestly erroneous manner. That is not the case in a situation where the appointing authority, while it considered itself able to take account of the practical experience of the person concerned, as well as other factors, arrived at the conclusion, taking all the relevant factors into account and acting in the exercise of its discretion, that it was not appropriate to appoint the person concerned to the higher grade of the career bracket in question.

2. Where the Court of First Instance has misunderstood the import of one of the applicant' s pleas and, accordingly, has either wrongly declared that plea to be inadmissible, or has rejected the substance of a plea other than that actually put forward, the appeal is well founded and the contested judgment or such part of the judgment as is tainted by that error must be set aside.

3. The administration' s duty to have regard to the welfare of its employees reflects the balance of reciprocal rights and obligations established by the Staff Regulations in the relationship between the official authority and the civil servants. A particular consequence of this balance is that, when the appointing authority takes a decision concerning the situation of an official, it should take into consideration all the factors which may affect its decision and that, in so doing, it should take into account not only the interests of the service but also those of the official concerned.