ddrg/super_eurlex huggingface dataset:
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Social policy ° Men and women ° Access to employment and working conditions ° Equal treatment ° Contract without a fixed term for night-time work between an employer and a pregnant woman, both of whom were unaware of the pregnancy ° Void on account of the statutory prohibition on night-time work by pregnant women or avoided by the employer on account of a mistake on his part ° Not permissible

(Council Directive 76/207/EEC, Arts 2(1) and (3), 3(1) and 5(1))

Summary

Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, precludes an employment contract without a fixed term for night-time work entered into by an employer and a pregnant employee, both of whom were unaware of the pregnancy, from being held to be void on account of the statutory prohibition on night-time work which applies, by virtue of national law, during pregnancy and breastfeeding, or from being avoided by the employer on account of a mistake on his part as to the essential personal characteristics of the woman at the time when the contract was concluded.

In the case of a contract without a fixed term, the prohibition on night-time work by pregnant women takes effect only for a limited period in relation to the total length of the contract, and to hold the contract invalid or to avoid it because of the temporary inability of the pregnant employee to perform the night-time work for which she was engaged would be contrary to the objective of protecting such persons pursued by Article 2(3) of the directive and would deprive that provision of its effectiveness.
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1. Agriculture - Common organization of the markets - Milk and milk products - Special rights of the Milk Marketing Boards - Purchase of milk produced and marketed "without processing" - Concept - Skimmed and semi-skimmed milk - Included

(Regulation No 804/68 of the Council, Art. 25(1)(a), as amended by Regulation No 1421/78)

2. Agriculture - Common organization of the markets - Milk and milk products - Special rights of the Milk Marketing Boards - Obligation on the Member State to supervise the activities of those bodies - Toleration of divergent policies regarding the exercise of special rights in respect of skimmed and semi-skimmed milk - Not permissible

(EEC Treaty, Art. 40(3); Council Regulation No 1422/78, Art. 10(1))

3. Agriculture - Common organization of the markets - Milk and milk products - Special rights of the Milk Marketing Boards - Draft amendments to the relevant national legislation - Obligation to notify the Commission

(EEC Treaty, Art. 5)

Summary

1. The exclusive right to purchase milk referred to in Article 25(1)(a) of Regulation No 804/68, as amended by Regulation No 1421/78, on which the Milk Marketing Boards, milk producer bodies in the United Kingdom, can rely covers not only whole milk but also low-fat milk, that is to say, skimmed and semi-skimmed milk.

2. The United Kingdom is required to comply strictly with the obligations to supervise the activities of the Milk Marketing Boards imposed on it by Article 10 of Regulation No 1422/78 as a specific condition of the recognition of the marketing schemes in question since they represent an exception from the common organization of the markets. In so far as there are five separate bodies responsible for the implementation of those marketing schemes, the principle that their activities should be subject to very strict control is particularly important in view of the objective of the above regulation to ensure that those bodies do not apply the rights granted to them in a manner incompatible with the general principles of the Treaty and Community law, in particular the principle of non-discrimination set out in Article 40(3) of the Treaty. Hence the said Member State breached its obligations under Article 10(1) of Regulation No 1422/78 by allowing the various Milk Marketing Boards, in the exercise of their rights, to pursue divergent policies on the marketing of skimmed and semi-skimmed milk.

3. In view of the fact that it was at the United Kingdom' s request, and solely as far as the latter was concerned, that the Commission introduced derogations from the common organization of the market in milk and milk products, that Member State is under an obligation, on pain of being in breach of its duties under Article 5 of the EEC Treaty, to inform the Commission of any draft amendments to national legislation likely to affect the overall consistency and effectiveness of the marketing schemes based on the Milk Marketing Boards.
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Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters ° Special jurisdiction ° Court of the place of performance of a contractual obligation ° Determination of the place of performance according to the substantive law, including, if appropriate, the uniform law on international sales, applicable according to the conflicts rules of the court seised

(Convention of 27 September 1968, Art. 5(1), as amended by the Accession Convention of 1978)

Summary

The place of performance of the obligation in question was chosen as the criterion of jurisdiction in Article 5(1) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters because, being precise and clear, it fits into the general aim of the Convention, which is to establish rules guaranteeing certainty as to the allocation of jurisdiction among the various national courts before which proceedings in matters relating to a contract may be brought. That criterion makes it possible for a defendant to be sued in the courts for the place of performance of the obligation in question, even where the court thus designated is not that which has the closest connection with the dispute.

The court before which the matter is brought must determine in accordance with its own rules of conflicts of laws, including, if appropriate, a uniform law, what is the law applicable to the legal relationship in question and define, in accordance with that law, the place of performance of the contractual obligation in question. Article 5(1) of the Convention, as amended by the Convention on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, must be interpreted as meaning that, in the case of a demand for payment made by a supplier to his customer under a contract of manufacture and supply, the place of performance of the obligation to pay the price is to be determined pursuant to the substantive law governing the obligation in dispute under the conflicts rules of the court seised, even where those rules refer to the application to the contract of provisions such as those of the Uniform Law on the International Sale of Goods, annexed to the Hague Convention of 1 July 1964.
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1. Transport ° Road transport ° Social provisions ° Regulation No 3820/85 ° Scope ° Transport by vehicles registered in one Member State on routes only partly within the Community ° Included

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

2. Transport ° Road transport ° Social provisions ° Period of 24 hours within the meaning of Article 8(1) of Regulation No 3820/85 ° Starting point

(Council Regulation No 3820/85, Art. 8(1))

Summary

1. Article 2(1) of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport must be interpreted as meaning that that regulation is applicable to carriage by road within the Community by vehicles registered in a Member State in the course of journeys to or from third countries which are not parties to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport, or in transit through such countries.

The effectiveness of those rules would be compromised if the application of the Community system were dependent on the journeys made by vehicles registered in different Member States and if national laws continued to apply where the journeys were made only partly within the Community.

2. The expression "each period of 24 hours" in Article 8(1) of Regulation No 3820/85 must be interpreted as meaning any period of 24 hours commencing at the time when the driver activates the tachograph following a weekly or daily rest period. Where the daily rest is taken in two or three separate periods, the calculation must commence at the end of the period of not less than eight hours.

Only by adopting that interpretation is it possible to devise a system of alternating periods of driving and rest which preserves road safety and eases drivers' working conditions, which are the objectives pursued by the regulation.
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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 ° Raising, for the purpose of bringing about equality, of the retirement age for women to that for men in relation to periods of service between the date of pronouncement of the judgment and the implementation of a uniform retirement age ° Justification based on financial difficulties ° Not permissible ° Application to men, in relation to those periods, of the arrangements applicable to women ° Abolition, in relation to periods of service completed after the date of equalisation of the retirement age, of the advantages previously granted to women ° Permissible ° Adoption of measures, if only transitional, limiting for women the unfavourable consequences of equalization ° Not permissible

(EEC Treaty, Art. 119)

Summary

Article 119 of the Treaty precludes an employer or an occupational pension scheme, which takes the necessary measures concerning the setting of a uniform retirement age for men and women in order to comply with the judgment of 17 May 1990 in Case C-262/88 Barber and to bring about equality, from raising the retirement age for women to that for men in relation to periods of service between the date of pronouncement of the judgment and the date of entry into force of those measures, even if it relies on its own financial difficulties or those of the undertaking concerned. In relation to that period, the pension rights of men must be calculated on the basis of the same retirement age as that for women. Once the Court has found that discrimination in relation to pay exists and so long as measures for bringing about equal treatment have not been adopted by the scheme, the only proper way of complying with Article 119 is to grant to the persons in the disadvantaged class the same advantages as those enjoyed by the persons in the favoured class.

However, as regards periods of service after the date of entry into force of equalisation, Article 119, which merely requires that men and women should receive the same pay for the same work, does not preclude measures which achieve equal treatment by reducing the advantages of the persons previously favoured. However, measures, even if only transitional, designed to limit the adverse consequences which raising the retirement age may have for women are excluded.

Finally, as regards periods of service prior to 17 May 1990, the aforesaid judgment excluded application of Article 119 to pension benefits payable in respect of those periods. It follows that Community law imposed no obligation which would justify retroactive reduction of the advantages which women enjoyed.
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1. Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Choice of formula A ° Trader liable to pay the levy ° Producer ° Substitution of the purchaser for the producer in the event of irregularities committed by the former in calculating the reference quantities ° Exclusion

(Commission Regulations No 1371/84, Art. 12(2) and (4), No 3005/85 and No 1546/88, Art. 15(4))

2. Member States ° Obligations ° Obligation to impose penalties in respect of infringements of Community law ° Scope

(EEC Treaty, Art. 5)

Summary

1. Article 12(4) of the original version of Regulation No 1371/84, Article 12(2), now Article 12(4), of that regulation, as amended by Regulation No 3005/85, and Article 15(4) of Regulation No 1546/88 laying down detailed rules for the application of the additional levy on milk, must be interpreted as meaning that, under formula A, only producers and not the purchaser are liable for payment of the balance due by way of that levy, even where the balance is due as a result of the retroactive reduction of the producers' reference quantities and the initial miscalculation of those quantities was attributable to the misconduct of the purchaser or his agents. The additional levy system in the Community does not provide for the substitution of the purchaser for the producer as the person liable in the event of irregularities on the part of the purchaser in fixing the amount of the levy which he is responsible for collecting.

2. Where a Community regulation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. That obligation also extends to the initiation of any proceedings under administrative, fiscal or civil law for the collection or recovery of duties or charges which have been fraudulently evaded or for damages.
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1. International agreements - Agreements by the Community - Direct effect - Article 41(1) of the EEC-Morocco Cooperation Agreement

(EEC-Morocco Cooperation Agreement, Art 41(1))

2. International agreements - EEC-Morocco Cooperation Agreement - Moroccan workers employed in a Member State - Social security - Equal treatment - Denial on the basis of nationality of disability benefit granted to nationals to a Moroccan worker who suffered an accident at work - Not permissible

(EEC-Morocco Cooperation Agreement, Art 41(1); Council Regulation No 1408/71)

Summary

1. Article 41(1) of the EEC-Morocco Cooperation Agreement which lays down in clear, precise and unconditional terms a prohibition of discrimination on the basis of nationality, in the field of social security, against workers of Moroccan nationality and the members of their families living with them, contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure in respect of any question other than the matters mentioned in paragraphs 2, 3 and 4 of that article.

It follows from the terms of Article 41(1), as well as from the purpose and nature of the Agreement of which that article forms part, that it is capable of being applied directly, with the consequence that persons to whom that provision applies are entitled to rely on it before national courts.

2. Article 41(1) of the EEC-Morocco Cooperation Agreement which lays down, in the field of social security, a prohibition of discrimination on the basis of nationality against workers of Moroccan nationality and the members of their families living with them, must be interpreted as meaning that it precludes a Member State from refusing to grant a disablement allowance, provided for under its legislation in favour of nationals residing in that State for at least five years, to a Moroccan national suffering permanent incapacity for work following an industrial accident occurring in that State who has resided on that State' s territory for more than five years on the ground that the person concerned is of Moroccan nationality.

First, a Moroccan national is to be regarded as a worker within the meaning of that article, inasmuch as the person concerned left the labour market following the materialization in his case of one of the risks conferring entitlement to social security benefits. Secondly, such benefit is to be regarded, at least in the case of a worker subject on the basis of earlier occupational activity to the social security system of the Member State in question, as a disability benefit coming within the substantive scope of Regulation No 1408/71 and, consequently, of the aforementioned Agreement.
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1. Preliminary rulings - Jurisdiction of the Court - Question not containing an exhaustive description of the legal and factual situation but relating to specific technical points - Enough information before the Court to enable it to give a useful reply - Question on which a ruling should be given

(EEC Treaty, Art. 177)

2. Approximation of laws - Civil liability insurance for motor vehicles - Directive 84/5 - When applicable - Individuals' reliance on the directive before the expiry of the time-limit it lays down for the entry into force of national implementing provisions - Not possible

(Directive 84/5, Art. 5(2))

Summary

1. The need to arrive at an interpretation of Community law which is useful for the national court requires that court to define the factual and legislative context of the questions it puts or at least to explain the factual hypotheses on which they are based. None the less, that requirement is less pressing where the questions relate to specific technical points and enable the Court to give a useful reply where the national court has not given an exhaustive description of the legal and factual situation.

A ruling should be given on a question where the case-file forwarded by the national court and the written observations submitted by the parties to the main proceedings have given the Court enough information to enable it to interpret the rules of Community law in respect of the situation which is the subject of the main proceedings.

2. It follows from the clear wording of Article 5 of Directive 84/5 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles that even though Member States were under an obligation to amend their national provisions by 31 December 1987 at the latest, they were obliged to apply them only in respect of insurance cover for accidents occurring on or after 31 December 1988.

Since a directive can be relied on by individuals before national courts only after the expiry of the time-limit laid down for the entry into force of the national provisions transposing it, the provisions of that directive did not, before the date of 31 December 1988 laid down by Article 5(2), create rights for individuals which the national courts must protect.
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Common Customs Tariff ° Tariff headings ° Classification of goods ° Criteria ° Objective characteristics of the product ° Manufacturing processes ° Condition for their being taken into account ° Rule 2(a) ° Goods imported unassembled or disassembled ° Interpretation ° Reference to the Explanatory Notes of the Customs Cooperation Council Nomenclature ° Limits

Summary

Whilst the customs tariff does indeed in certain cases contain references to manufacturing processes of goods, the preference is, in the interests of legal certainty and ease of verification, to have recourse to criteria for classification based on the objective characteristics of products, as defined in the wording of the headings and the notes to the sections or chapters which can be ascertained on the occasion of customs clearance. Consequently, the manufacturing processes of a product are decisive only when the tariff heading expressly so provides.

Consequently, the second sentence of Rule 2(a) of the Rules for the Interpretation of the Nomenclature of the Common Customs Tariff in Part I, Section I, A of the Annex to Regulation No 950/68 on the Common Customs Tariff, as amended by Regulation No 1/72, which, without defining the assembly operation, provides that for tariff classification purposes, an article imported unassembled or disassembled must be regarded as a complete article, must be interpreted as meaning that an article is to be considered to be imported unassembled or disassembled where the component parts, that is the parts which may be identified as components intended to make up the finished product, are all presented for customs clearance at the same time and no account is to be taken in that regard of the assembly technique or the complexity of the assembly method.

It is not possible to rely as against that interpretation on an Explanatory Note to the Nomenclature of the Customs Cooperation Council because those notes do not have legally binding force and must be disregarded if their content is not in accordance with the actual provisions of the Customs Cooperation Council and the meaning of those provisions would be altered if that note were taken into account.
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1. Agriculture ° Common agricultural policy ° Financing by the EAGGF ° Duties of Member States ° Adoption of measures to ensure the regularity of expenditure claimed ° New rules requiring the lodging of a security in connection with the Community support measures for the pigmeat sector affected by epizootic disease ° Whether permissible

(EEC Treaty, Art. 5; Council Regulation No 729/70, Art. 8(1); Commission Regulation No 2351/90)

2. Agriculture ° Common organization of the markets ° Pigmeat ° Support measures for the market affected by epizootic disease ° Purchase of meat at Community expense by the national intervention agency ° National implementing measure making payment of the purchase price subject to the lodging of a security ° Failure by the seller to satisfy one of his principal obligations ° Loss of security in toto ° Whether permissible

(Commission Regulation No 2351/90)

Summary

1. Article 8(1) of Regulation No 729/70, which defines Member States' obligations under Article 5 of the Treaty as regards the financial management of the common agricultural policy, requires the Member States to take the measures necessary, even if not expressly provided for by the Community rules they apply, to ensure that transactions financed by the EAGGF are actually carried out and are executed correctly.

In so doing they must act with the same degree of care as they exercise in implementing the corresponding national legislation in order to prevent any erosion of the effectiveness of Community law and to comply with the principle of proportionality.

It must accordingly be held that the abovementioned article empowered Member States to introduce at the national level, in the context of the Community support measures for the pigmeat sector affected by an outbreak of swine fever, a system of securities for payments to traders for meat purchased at Community expense by the intervention agency.

2. Since the Community rules on the implementation of the common agricultural policy rightly provide generally for the loss of the whole of the security lodged by a trader to guarantee due completion of a transaction financed out of Community funds if he fails to fulfil an obligation which may be regarded as an important and principal one, that is to say, an obligation which is essential in order for the measure in question to achieve its aim, the same kind of penalty may be introduced by national measures implementing the common agricultural policy.

It was therefore compatible with Community law for national measures adopted in order to implement Regulation No 2351/90 introducing support measures for the pigmeat sector affected by an outbreak of swine fever to provide that a trader whose meat had been purchased by the national intervention agency under that scheme must forfeit the entire security lodged by him if he failed to fulfil one of his principal obligations, in particular if the meat did not come from a production zone affected by the disease or was not from one of the categories listed in the relevant provisions of the abovementioned regulation.