ddrg/super_eurlex huggingface dataset:
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Environment - Conservation of wild birds - Directive 79/409 - Fixing the closing dates for the hunting season for migratory birds and waterfowl - Requirement for Member States to guarantee complete protection of the species concerned during their pre-mating migration - Methods allowing a proportion of the birds in question to escape protection - Unacceptable - Closing dates staggered or varying between the different parts of a national territory - Delegation of power to subordinate authorities - Conditions for lawfulness

(Council Directive 79/409, Art. 7(4))

Summary

Pursuant to Article 7(4) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the closing date for the hunting of migratory birds and waterfowl must be fixed in accordance with a method which guarantees complete protection of those species during the period of pre-mating migration. Methods whose object or effect is to allow a certain percentage of the birds of a species to escape such protection, such as those consisting in fixing the closing date for hunting by reference to the period during which migratory activity reaches its highest level, or those taking into account the moment at which a certain percentage of birds have started to migrate, or those consisting in ascertaining the average date of the commencement of pre-mating migration, accordingly do not comply with that provision.

It is incompatible with the third sentence of Article 7(4) of the directive, concerning migratory species in particular, for a Member State to fix closing dates for the hunting season which vary according to the species of bird, unless the Member State concerned can adduce evidence, based on scientific and technical data relevant to each individual case, that staggering the closing dates for hunting does not impede the complete protection of the species of bird liable to be affected by such staggering. The fixing of closing dates which vary between the different parts of the territory of a Member State is compatible with the Directive on condition that complete protection of the species is guaranteed.

If the power to fix the closing date for the hunting of migratory birds is delegated to subordinate authorities, the provisions which confer that power must ensure that the closing date can be fixed only in such a way as to make possible complete protection of the species during pre-mating migration.
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1. Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Workers - Equal treatment - Tourist guides and guide-interpreters - Access to the profession - Nationality requirement - Not permitted - Obligation of Member States to establish a procedure for examining the equivalence of diplomas and other qualifications required by national law with those obtained in the Member State of origin

(EEC Treaty, Arts 48, 52 and 59)

2. Freedom to provide services - Tourist guides accompanying tourist groups from another Member State - Licence required as evidence of a professional qualification recognized by the authorities of the Member State where the services are to be performed - Not permitted

(EEC Treaty, Art. 59)

3. Member States - Obligations - Commission' s supervisory task - Duty of Member States - Cooperation in inquiries regarding their failure to perform obligations under the Treaty

(EEC Treaty, Art. 5)

Summary

1. Articles 48, 52 and 59 of the Treaty, which require the elimination of any discrimination against Community nationals on grounds of nationality with regard to access to employment, establishment and the provision of services, preclude a Member State from reserving access to the profession of tourist guide and guide-interpreter to its own nationals, whether that profession is pursued on a self-employed basis or under a contract of employment.

They also require Member States to establish a procedure for examining the qualifications acquired by Community nationals who hold a diploma as tourist guide or guide-interpreter issued in another Member State and comparing them with those required by national law.

A Member State which receives a request to admit a person to a profession to which access, under national law, depends upon the possession of a diploma or a professional qualification must take into consideration the diplomas, certificates and other evidence of qualifications which the person concerned has acquired in order to exercise the same profession in another Member State by making a comparison between the specialized knowledge and abilities certified by those diplomas and the knowledge and qualifications required by the national rules.

2. Article 59 of the Treaty is to be interpreted as precluding a Member State from making the provision of services by tourist guides travelling with a group of tourists from another Member State, where those services consist in guiding such tourists in places other than museums or historical monuments which may be visited only with a specialized professional guide, subject to possession of a licence which requires specific training evidenced by a diploma.

3. The failure of a Member State to comply with a request from the Commission to communicate the text of national regulations in a field covered by the Treaty makes the achievement of the Commission' s task more difficult and is therefore a breach of the obligation of cooperation laid down by Article 5 of the Treaty.
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1. Transport ° Road transport ° Social legislation ° Recording ° "Daily working period" within the meaning of Article 15(2) of Regulation No 3821/85 ° Definition ° Beginning and end

(Council Regulation No 3821/85, Art. 15(2))

2. Transport ° Road transport ° Social legislation ° "Day" within the meaning of Regulations Nos 3820/85 and 3821/85

(Council Regulations Nos 3820/85 and 3821/85)

Summary

1. The "daily working period" within the meaning of Article 15(2) of Regulation No 3821/85 on recording equipment in road transport comprises the driving time, all other periods of work, the period of availability, breaks in work and, where the driver divides his daily rest into two or three periods, such a period of rest, provided that it does not exceed one hour. The "daily working period" commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, where the daily rest is divided into separate periods, following the rest period of at least eight hours' duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate periods, at the beginning of a rest period extending over a minimum of eight consecutive hours.

2. The term "day", within the meaning of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport and of Regulation No 3821/85 on recording equipment in road transport, must be understood as equivalent to the term "period of 24 hours", which refers to any period of that duration which commences at the time when the driver activates the tachograph following a weekly or daily rest period.
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1. Agriculture ° Common organization of the markets ° Milk and milk products ° Aid for processing skimmed milk into casein and caseinates ° Supervision by Member States ° "Regular supervision" of the manufacturing concern and of the composition of the casein and caseinates ° Concept ° Consequences to be drawn from the result of the checks

(Commission Regulation No 756/70, Art. 3(3))

2. Agriculture ° EAGGF ° Clearance of accounts ° Deadline notified to the Member State for submitting additional information ° Request by Commission to provide such information made after the deadline initially notified ° Effect

Summary

1. In the context of the supervision to be carried out by the competent national intervention agency, the concept of "regular supervision" within the meaning of Article 3(3) of Regulation No 756/70 on granting aid for skimmed milk processed into casein and caseinates requires that, when the official checks reveal that some of the batches which satisfied the processor' s internal checks do not in fact comply with the requirements of that regulation and are therefore not eligible for aid, the national authorities either carry out further checks in order to ascertain whether the other batches for which an aid application has been submitted do in fact comply with the requirements of the regulation or make the appropriate extrapolation in accordance with the law of probability.

2. If, in the course of clearing the EAGGF accounts for a given financial year, the Commission, after the deadline notified to the Member State for the submission of additional information, requests that State, without mentioning a deadline, to provide certain additional information, it cannot rely on the fact that the explanations were provided by the national authorities after the deadline initially notified as a ground for disallowing the charge to the EAGGF of the sums in question.
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1. Tax provisions ° Internal taxation ° Tax such as the Italian national consumption tax on audiovisual and photo-optical products ° Designation as an internal tax and not as a charge having an effect equivalent to a customs duty ° Tax levied on products imported directly from non-member countries ° Article 95 of the Treaty not applicable

(EEC Treaty, Arts 9, 12 and 95)

2. Common commercial policy ° Levying by a Member State of an internal tax on products imported directly from non-member countries ° Permissible in the light of the Treaty rules, subject to the application of international agreements between the Community and non-member countries

(EEC Treaty, Art. 113)

Summary

1. A tax such as the national consumption tax on audiovisual and photo-optical products introduced into Italian law by Article 13 of Decree-Law No 953 of 30 December 1982, subsequently Article 4 of Law No 53 of 28 February 1983, must be regarded as being an integral part of a general system of internal taxation within the meaning of Article 95 of the Treaty and its compatibility with Community law must be assessed on the basis of that article rather than Articles 9 and 12 of the Treaty if

° it forms part of a body of consumption taxes governed by common tax rules and charged on categories of products irrespective of their origin in accordance with an objective criterion, namely the fact that the products fall into a specific category of goods;

° whether those goods are produced at home or abroad does not seem to have a bearing on the rate, the basis of assessment or the manner in which the tax is levied;

° the revenue from those taxes is not earmarked for a specific purpose and constitutes tax revenue identical to other such revenue and, like it, helps to finance State expenditure generally in all sectors.

Such a tax does not therefore constitute a charge having an effect equivalent to a customs duty on imports within the meaning of Article 12 of the Treaty.

Since Article 95 of the Treaty applies only to products from the Member States and, where appropriate, to goods originating in non-member countries which are in free circulation in the Member States, a tax such as that here in question does not come within the scope of that provision in so far as it is applicable to goods imported directly from non-member countries.

2. In so far as it is applicable to goods imported directly from non-member countries, a tax such as the national consumption tax on audiovisual and photo-optical products introduced into Italian law by Article 13 of Decree-Law No 953 of 30 December 1982, subsequently Article 4 of Law No 53 of 28 February 1983, is not incompatible with the Treaty provisions relating to the implementation of the common commercial policy, particularly Article 113, subject, however, to the application of any treaty provisions which may be in force between the European Economic Community and the non-member countries in which the goods in question originate.
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Common Customs Tariff - Tariff headings - Sandals and shoes designed to be worn over a plaster cast as a walking aid - Heading 9021 excluded - Classification under Chapter 64 of the Combined Nomenclature

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Sandals and shoes with outer soles of plastics and uppers of textile or plastics designed to be worn on the foot over a plaster cast as a walking aid do not constitute "orthopaedic appliances" under heading 9021 of the combined nomenclature (1992), since items under that heading share the characteristic that they are specially adapted to the handicaps which they are intended to correct, and are specifically designed for a given person.

Nor may the items in question be deemed to be "splints and other fracture appliances" (subheading 9021 19 90), the characteristic feature of the latter being that they act directly on the organ affected, or as parts of or accessories to such appliances; nor may the plaster casts themselves be classified as such.

Since the items in question cannot come under heading 9021, they fall under Chapter 64 concerning footwear and analogous items, even if they are not worn on the foot itself but over a plaster cast.
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Social security for migrant workers ° Old-age and death insurance ° Calculation of benefits ° Worker not simultaneously satisfying the conditions laid down for the provision of benefits by all the legislation to which he has been subject ° Legislation of the Member State whose conditions are satisfied taking periods of insurance completed under the legislation of another Member State into account solely for the purposes of the acquisition of the right to a pension and for determining the rate of that pension ° Whether permissible ° Discrimination on grounds of nationality ° None

(Regulation No 1408/71 of the Council, Arts 3(1) and 49)

Summary

Article 3(1) and Article 49 of Regulation No 1408/71 must be interpreted, where entitlement to an old-age pension is available from the age of 60 under the basic statutory scheme of a Member State to a worker under the age of 65 who has completed periods of employment in that State and in another Member State where there is no entitlement to a pension before the age of 65, as not precluding the taking into account of the periods completed in the latter State solely in order to determine the rate of the pension which may be paid immediately by the institution of the former State.

Firstly, if the person concerned does not, on the date when he requests payment of his pension, satisfy the conditions laid down by all the legislation under which he has completed periods of insurance, the taking into account for the calculation of the amount of the pension, by the national legislation whose conditions are satisfied, of the periods completed under the legislation of another Member State is excluded by Article 49 of the regulation, which does not, however, preclude the legislation of a Member State whose conditions are satisfied from taking periods of insurance completed under the legislation of another Member State into account for the purposes of the acquisition of the right to an old-age pension and for determining the rate of that pension.

Secondly, such national rules do not constitute direct or indirect discrimination on the ground of nationality. They are applicable without distinction and it has not been shown that, among workers who have completed periods of insurance in that State and in another Member State, they affect nationals of other Member States more severely than nationals of that State. Moreover, the failure of the national institutions to take into account the periods of insurance completed in another Member State in calculating the amount of the pension payable by them is inherent in the system under Regulation No 1408/71, which allowed different schemes to continue to exist, creating different claims on different institutions against which the claimant possesses direct rights.
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1. Competition ° Community rules ° Obligations of the Member States ° Rules intended to reinforce the effects of pre-existing agreements, decisions or concerted practices ° Definition

(EEC Treaty, Arts 5 and 85)

2. Competition ° Community rules ° Obligations of the Member States ° Determination by freight commissions of the tariffs for commercial inland waterway traffic which become compulsory after approval by the public authority ° Compatibility ° Conditions

(EEC Treaty, Art. 3(f), second para. of Art. 5 and Art. 85)

Summary

1. Whilst it is true that Article 85 of the Treaty is, in itself, concerned solely with the conduct of undertakings and not with measures adopted by Member States by law or regulation, nevertheless that article, in conjunction with Article 5 of the Treaty, requires the Member States not to introduce or maintain in force measures, even of a legislative nature, which may render ineffective the competition rules applicable to undertakings. Such would be the case in particular if a Member State required or favoured the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforced their effects or if it deprived its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions in economic matters.

2. Articles 3(f), 5 and 85 of the Treaty do not preclude rules of a Member State from providing that tariffs for commercial inland waterway traffic be determined by freight commissions and made compulsory for all traders, after approval by the public authorities, if the members of those commissions, although chosen by the public authorities acting on a proposal from the professional circles concerned, are not representatives of those circles, called upon to negotiate and conclude an agreement on prices, but are responsible for fixing tariffs independently and on the basis of considerations relating to the public interest and if the public authorities do not relinquish their powers but ensure that the commissions determine tariffs on the basis of those considerations by substituting, if need be, their own decision for that of the commissions.
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Convention on Jurisdiction and the Enforcement of Judgments - Jurisdiction over consumer contracts - Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises - Jurisdiction under the Convention of the courts of the State in which the consumer is domiciled - Excluded

(Convention of 27 September 1968, Arts 13 and 14 as amended by the 1978 Accession Convention)

Summary

The courts of the State in which the consumer is domiciled have jurisdiction in proceedings under the second alternative in the first paragraph of Article 14 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, if the other party to the contract is domiciled in a Contracting State or is deemed under the second paragraph of Article 13 of that Convention to be so domiciled.

The latter provision, which applies where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment there and the dispute arises out of its operation, is, with respect to consumer contracts, the only exception to the rule in Article 4 that the jurisdiction of courts in proceedings where the defendant is not domiciled in a Contracting State is governed not by the Convention but by the law of the Contracting State of the court in which the proceedings are brought.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition of advertising for medicinal products not authorized in the State of import ° Justified ° Protection of public health

(EEC Treaty, Arts 30 and 36)

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The national prohibition of advertising for medicinal products which despite the general requirement of authorization are not authorized in a country, but may be imported from another Member State of the European Community in response to an individual order if they have been lawfully put into circulation in that Member State, is, inasmuch as it affects only imported products, a measure having equivalent effect to a quantitative restriction within the meaning of Article 30 of the EEC Treaty.

That prohibition is however justified under Article 36 on grounds pertaining to the protection of the health and life of humans because it is necessary for the effectiveness of the national authorization scheme, which Member States are entitled to maintain in the absence of a procedure for Community authorization or mutual recognition of national authorizations.
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Social security for migrant workers ° Legislation applicable ° Person employed in a Member State other than the State of his residence but regularly pursuing his activity partly in the latter State ° Legislation of the State of residence

(Council Regulation No 1408/71, Art. 14(2)(b)(i))

Summary

The situation of an employed person, residing in a Member State and employed exclusively by an undertaking with its seat in another Member State, who in the course of that employment relationship, regularly, for several hours each week and for a period not limited to twelve months pursues his activity partly in the former Member State, falls under Article 14(2)(b)(i) of Regulation No 1408/71 so that the person concerned is subject to the legislation of the Member State in whose territory he resides.
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Free movement of goods ° Trade with non-member countries ° Inward processing relief arrangements ° Discharge of the relief arrangements by the placing of goods, with the authorization of the customs authorities, under the system of processing under customs control ° Grant of authorization to which a quantitative limit is attached ° Not permissible

(Council Regulation No 1999/85, Art. 18(2)(d), first subpara. of Art. 18(3) and Art. 21(1)(a))

Summary

Article 18(2)(d), the first subparagraph of Article 18(3) and the first indent of Article 21(1)(a) of Council Regulation No 1999/85 on inward processing relief arrangements are to be interpreted as meaning that a quantitative limitation may not be attached to an authorization to use the system of processing under customs control as an alternative way of discharging the inward processing relief arrangements.

In providing that the customs authority may grant authorization for other ways of discharge where circumstances so warrant, the first subparagraph of Article 18(3) of Regulation No 1999/85 hardly leaves the customs authority any discretion to restrict the scope of that authorization but makes its grant somewhat automatic in that if the customs authority finds that alternative ways of discharging the inward-processing relief arrangements provided for in points (c) to (f) of Article 18(2) are not likely to lead to abuse by, for example, conferring an unjustified customs advantage on the beneficiary, it must grant the authorization; if not, it can only refuse it.