ddrg/super_eurlex huggingface dataset:
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Officials - Recruitment - Promotion - Classification in step - Separate rules governing classification - Respective aims - Change of category or service following a competition - Applicable rules - Rules on promotion - Departure from such rules - Conditions

( Staff Regulations, Art . 32, second paragraph, and Art . 46 )

Summary

In view of the respective aims of the second paragraph of Article 32 and Article 46 of the Staff Regulations, the classification in step of an official moving from one category to another must be based on the principles laid down in Article 46 and not on those laid down in the second paragraph of Article 32 . Article 32 is intended in particular to enable the appointing authority to take into account, albeit within rather strict limits, training and professional experience acquired before a Community official takes up his duties, whereas the purpose of Article 46 is to ensure the greatest possible continuity regarding his seniority and salary as his career develops, even when he moves from one category or service to another on the basis of a competition .

It is, however, justifiable to depart from the application of Article 46 when the change of category or service occurs shortly after the official' s entry into the service of the Communities and when the application of that article on appointment to the new post would not allow account to be taken of the training and the specific professional experience acquired prior to recruitment .
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Agriculture - Common organization of the markets - Eggs - Marketing standards - Marks on eggs or packs - Use in conjunction of the markings "Grade A" and "fresh eggs" - Permissibility

( Council Regulation No 2772/75, Arts 6 ( a ) and 18 ( 1 ) ( c ) and first paragraph of Art . 21, as amended by Regulation No 1831/84

Summary

Regulation No 2772/75 of the Council on marketing standards for eggs, as amended by Regulation No 1831/84, must be interpreted as meaning that the provisions of Article 6 ( 1 ) in conjunction with Article 18 ( 1 ) ( c ) and the first paragraph of Artcle 21 permit the markings "Grade A" and "fresh eggs" to be used together on small packs of Grade A eggs .
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Officials - Pensions - Pension rights acquired before entering the service of the Communities - Transfer to the Community scheme - Submission of the request - Time-limit - Not enforceable against members of the temporary staff

( Staff Regulations, Annex VIII; Art . 11 ( 2 ); Conditions of Employment of Other Servants, Article 39 ( 2 ) )

Summary

Having regard to the basic difference between the situation of an official under the Staff Regulations and the contractual position of a member of the temporary staff, a provision adopted in order to give effect to Article 11 ( 2 ) of Annex VIII to the Staff Regulations which lay down the period within which officials must submit requests for the transfer to the Community pension scheme of rights acquired before entering the service of the Communities may not, without contravening the principle of legal certainty, be applied to members of the temporary staff in the absence of any specific provision dealing with their particular situation .
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Common Customs Tariff - Tariff headings - "Soya covers" - Classification under subheading 23.06 B

Summary

A product called "soya covers" consisting of husks of milled soya beans ( seed coats ) must, in so far as its sole purpose is use as food for animals and it does not come within any other more specific tariff heading, be classified under subheading 23.06 B of the Common Customs Tariff .
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Officials - Final termination of service - Allowance - Weightings - Aim - Concept of residence - Centre of interests - Determination

( Council Regulation No 1679/85, Art . 3 ( 3 ) )

Summary

The concept of residence which makes it possible to determine, in accordance with Article 3 ( 3 ) of Regulation No . 1679/85, the weighting applicable to the allowance to which an official is entitled pursuant to that regulation on final termination of service must be understood as meaning the place in which the formal official has in fact established the centre of his interests . The weightings are designed to ensure that all former officials receive benefits which have the same purchasing power, irrespective of their place of residence .

In furnishing proof of residence, the person concerned may refer to all the factual circumstances which constitute residence and furnish whatever evidence he considers appropriate . Although an uninterrupted stay for most of the year or an official residence permit may, in that regard, constitute evidence of actual residence, those factors cannot in themselves be decisive where other evidence suggests that the centre of the former official' s interests is located elsewhere .
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Officials - Pension - Pension rights acquired before entry into the service of the Communities - Transfer to the Community scheme - Obligations of the Member States - Adoption of measures enabling the transfer to take place - Detailed rules - Period allowed for submission of the request - Cannot be raised as a bar to a request submitted within the period to the Community institution in accordance with an administrative practice

( Staff Regulations of Officials, Annex VIII, Art . 11 ( 2 ) )

Summary

Since it is a provision of a regulation, Article 11 ( 2 ) of Annex VIII to the Staff Regulations is mandatory and directly applicable in all the Member States, which are therefore required to adopt measures, general or special, to enable officials to use their right under that provision to transfer to the Community pension scheme the rights acquired under the national pension scheme .

Member States must be recognized as having the right to prescribe a certain period within which officials must submit their request for transfer, failing which the request will not be admitted . As regards its duration, a period such as that of one year from establishment is in conformity with the purpose of the provision of the Staff Regulations in question since it offers the official concerned a sufficiently long time for reflection to enable him properly to make his decision .

However, an official' s request may not be barred as out of time if, before the expiry of the period, he submitted his request to the Community institution by which he is employed in accordance with an administrative practice which has been established between that institution and the competent national authority, thereby giving rise to a legitimate expectation on his part .
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1 . Free movement of goods - Customs duties - Charges having an equivalent effect - Internal dues - Payment for services rendered - Charges for inspections prescribed by Community law - Concepts - Distinguishing criteria

( EEC Treaty, Arts 9, 12, 13, 16 and 95 )

2 . Free movement of goods - Customs duties - Charges having an equivalent effect - Fee payable for veterinary inspection on intra-Community transport of live animals carried out in accordance with a Community directive - Compatibility with the Treaty

( EEC Treaty, Arts 9 and 12; Council Directive 81/389, Art . 2 ( 1 ) )

Summary

1 . Any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier and is not a customs duty in the strict sense constitutes a charge having an equivalent effect to a customs duty within the meaning of Articles 9, 12, 13 and 16 of the Treaty . However, such a charge escapes that classification if it relates to a general system of internal dues applied systematically and in accordance with the same criteria to domestic products and imported products alike or if it constitutes payment for a service in fact rendered to the economic operator of a sum in proportion to the service, or further, if it attaches to inspections carried out to fulfil obligations imposed by Community law, provided that, in the latter case, the fees do not exceed the real costs of the inspections in connection with which they are charged, that the inspections in question are obligatory and uniform for all the products concerned in the Community, that they are prescribed by Community law in the general interest of the Community and that they promote the free movement of goods, in particular by neutralizing obstacles which may arise from unilateral measures of inspection adopted in accordance with Article 36 of the Treaty .

2 . A fee charged by the authorities of a Member State payable on the importation and transit of live animals from other Member States and intended to cover the costs of veterinary inspections carried out under Directive 81/389/EEC concerning measures to be taken for the protection of animals in international transport whose amount does not exceed the actual cost of the inspections does not constitute a charge having an effect equivalent to a customs duty as prohibited under Articles 9 and 12 of the Treaty . The standardization of the inspections in question is such as to promote the free movement of goods and the contested fee, provided that its sole purpose is the financially and economically justified compensation for an obligation imposed in equal measure on all the Member States by Community law, cannot be regarded as equivalent to a customs duty . The negative effects which it may have on the free movement of goods in the Community can be eliminated only by virtue of Community provisions providing for the harmonization of fees, or imposing the obligation on the Member States to bear the costs entailed in the inspections or, finally, establishing that such costs are to be paid out of the Community budget .
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Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Operative part

( 1 ) Declares that by failing to adopt within the prescribed period the measures necessary to implement the Tenth Council Directive ( 84/386/EEC ) of 31 July 1984 on the harmonization of the laws of the Member States relating to turnover taxes, amending Directive 77/388/EEC - Application of value-added tax to the hiring out of movable tangible property - the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Italian Republic to pay the costs .
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Social security for migrant workers - Orphans' benefits - Application solely of Chapter 8 of Regulation No 1408/71 and the provisions to which it refers

( Council Regulation No 1408/71, Arts 44 ( 3 ), 48 ( 1 ), 78 and 79 )

Summary

Article 44 ( 3 ) of Regulation No 1408/71 must be interpreted as meaning that orphans' pensions are governed solely by the provisions of Chapter 8 thereof, supplemented, if necessary, by the provisions of the other chapters to which Chapter 8 expressly refers . It follows, in particular, that the provisions of Article 48 ( 1 ), which provides that in certain circumstances the institution of a Member State is not bound to award benefits if the periods of insurance or residence completed by the insured person there amount to less than one year, do not apply as regards orphans' pensions .
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1 . Officials - Action - Action against a decision rejecting a complaint - Admissibility

( Staff Regulations, Arts 90 and 91 )

2 . Officials - Action - Prior administrative complaint - Same subject-matter - Submissions and arguments not appearing in, but closely linked to, the complaint - Admissibility - Claim for compensation made for the first time before the Court - Extension of the subject-matter of the action - None

( Staff Regulations, Arts 90 and 91 )

Summary

1 . Under the system established by the Staff Regulations, an appeal by an official to the Court of Justice against a decision of the appointing authority relating to him may lie only if the official has previously submitted a complaint to the appointing authority and that complaint has been rejected by express or implied decision . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both, provided, however, that the complaint and the appeal were brought within the periods prescribed by Articles 90 and 91 of the Staff Regulations .

2 . An official may not submit to the Court conclusions with a subject-matter other than those raised in the prior administrative complaint or put forward heads of claim based on matters other than those relied on in the complaint . The submissions and arguments made to the Court in support of those heads of claim need not necessarily appear in the complaint, but must be closely linked to it . It follows that although Articles 90 and 91 of the Staff Regulations are designed, through the lodging of the prior administrative complaint, to permit the amicable settlement of disputes which have arisen between officials and the administration, it is not the purpose of those provisions to bind strictly and absolutely the contentious stage of the proceedings, provided that the claims submitted at that stage change neither the legal basis nor the subject-matter of the complaint .

In particular, a claim for compensation made for the first time before the Court, whereas the administrative complaint sought only the annulment of the decision by which the applicant claimed to have been adversely affected, is admissible since such a request for annulment may imply a request for compensation for damage which may have been caused to the applicant by that decision .
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Tax provisions - Harmonization of legislation - Turnover taxes - Common system of value-added tax - Exemptions provided for in the Sixth Directive - Exhaustive - Unilateral introduction of other exemptions by Member States - Prohibition - Justification - Absence of effect on Community' s own resources - Inadmissible

( Council Directive 77/388, Art . 13 et seq .)

Summary

The provisions of Title X of the Sixth Directive ( 77/388/EEC ) relating to exemptions from value-added tax are exhaustive . They are aimed not only at ensuring that the Community' s own resources are collected in a uniform manner in all the Member States, but also at helping to achieve the overall objective of the directive, which is to provide for a uniform basis of assessment of value-added tax so that a common market permitting fair competition and resembling a real internal market may ultimately be achieved . Therefore, exemptions not provided for in Title X may not be decided upon unilaterally by Member States, even if they are organized so as to avoid any impact on own resources .
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Free movement of persons - Workers - Freedom of establishment - Freedom to provide services - National legislation discriminating against nationals of other Member States in regard to the acquisition and enjoyment of rights in immovable property - Unlawful

( EEC Treaty, Arts 48, 52 and 59; Regulation No 1612/68 of the Council, Art . 9 )

Summary

Restrictions applied by a Member State to nationals of other Member States in regard to the acquisition and enjoyment of rights in immovable property are contrary to Articles 48, 52 and 59 of the Treaty .

In the first place, in regard to workers, access to housing and ownership of property, provided for in Article 9 of Regulation No 1612/68, is the corollary of freedom of movement and is for that reason covered by the prohibition of discrimination laid down in Article 48 of the Treaty .

In the second place, with regard to freedom of establishment, the prohibition of discrimination on grounds of nationality laid down in Article 52 of the Treaty is concerned not solely with the specific rules on the pursuit of an occupation but also with the rules relating to the various general facilities which are of assistance in the pursuit of that occupation, with the result that it applies to the acquisition and use of immovable property .

Finally, with regard to freedom to provide services, access to ownership and the use of immovable property is guaranteed by Article 59 of the Treaty to the extent that, as in the case of immovable property from which or in which a service is provided, such access is appropriate to enable that freedom to be exercised effectively and may not be subject to discriminatory restrictions .
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( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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( 1)Dismisses the application;

( 2)Orders the applicants to pay the costs .
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Free movement of persons - Workers - Access to employment - Post of lecturer in a public educational institution - Requirement of linguistic knowledge - Whether permissible - Limits

( Council Regulation No 1612/68, Art . 3(1 ) )

Summary

A permanent full-time post of lecturer in public vocational education institutions is a post of such a nature as to justify the requirement of linguistic knowledge, within the meaning of the last subparagraph of Article 3(1 ) of Regulation No 1612/68 of the Council, provided that the linguistic requirement in question is imposed as part of a policy for the promotion of the national language which is, at the same time, the first official language and provided that that requirement is applied in a proportionate and non-discriminatory manner .
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1 . Non-contractual liability - Conditions - Unlawfulness - Harm - Causal link

( Euratom Treaty, Arts 151 and 188, second paragraph )

2 . Non-contractual liability - When work is carried out on a building, the Community may be liable in the event of non-compliance with the local provisions concerning the prevention of industrial accidents - Victim' s fault contributed to bringing about the accident - Shared responsibility - Community required to pay compensation in proportion to its share of responsibility

( Euratom Treaty, Arts 151 and 188, second paragraph )

Summary

1 . The Community' s non-contractual liability and the right to compensation for damage suffered depend on the coincidence of a set of conditions as regards the unlawfulness of the acts alleged against the institution, the fact of damage, and the existence of a direct link in the chain of causality between the wrongful act and the damage complained of .

2 . In the event that, when work is carried out on a building, the Community is liable pursuant to the second paragraph of Article 188 of the Euratom Treaty because it failed to comply with the local rules concerning the prevention of industrial accidents, but the victim contributed in part to bringing about the damage he suffered by failing to exhibit the necessary care, responsibility must be shared and the Community is to be required to pay compensation only in proportion to its share of the responsibility .
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1 . Agriculture - Common organization of the markets - Cereals - Special intervention measures - Variation according to Member State - Discrimination on grounds of nationality between producers or consumers - None - Powers granted to the Commission

( EEC Treaty, Arts 7 and 40(3 ), second subparagraph; Council Regulation No 2727/75, as amended by Regulation No 1143/76; Commission Regulations Nos 1629/77 and 400/86 )

2 . Measures adopted by the institutions - Statement of reasons - Obligation - Scope - Regulations

( EEC Treaty, Art . 190 )

Summary

1 . Regulation No 2727/75, as amended by Regulation No . 1143/76, permits the Commission to adopt special intervention measures which vary from one Member State to another in the light of possible different trends in market prices for cereals in different regions of the Community .

Neither the Council in granting such powers nor the Commission in exercising them by providing in Regulation No 1629/77 for the possibility of such variations in regard to common wheat of breadmaking quality and by actually introducing them in Regulation No 400/86 discriminated against producers in the Community within the meaning of the second subparagraph of Article 40(3 ) of the Treaty or discriminated on grounds of nationality within the meaning of Article 7 thereof . The Council applied an objective criterion when it authorized the Commission to adopt special intervention measures varying from region to region and the Commission did not commit any manifest error of assessment in the exercise of the powers conferred on it .

2 . The statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question . It must show clearly and unequivocally the reasoning of the Community authority which adopted the contested measure so as to inform the persons concerned of the justification for the measure adopted and enable the Court to exercise its powers of review . However, the statement of reasons is not required to specify the often very numerous and complex matters of fact or law dealt with in regulations, provided that the regulations fall within the general scheme of the body of measures of which they form part .
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1.Officials - Action - Time-limits - Point from which time begins to run - Express rejection of a prior administrative complaint following, within the time-limit for bringing proceedings, an implied rejection

( Staff Regulations, Art . 91(3 ) )

2.Officials - Action - Purpose - Order directed to the administration - Inadmissibility

( Staff Regulations, Art . 91 )

Operative part

( 1 ) Dismisses the objection of inadmissibility raised against the first head of claim in Case 192/88;

( 2 ) Declares the second head of claim in Case 192/88 to be inadmissible;

( 3 ) Reserves the costs .
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Transport - National and international transport - Implementation of freedom to provide services - Council' s failure to act - Consequences - Direct effect of Article 75 of the Treaty - None

( EEC Treaty, Arts 59, 60 and 75 )

Summary

The Council' s failure to fulfil its obligations under Article 75 of the Treaty by not adopting the measures necessary to extend freedom to provide services to the transport sector before the end of the transitional period does not serve to render Articles 59 and 60 of the Treaty directly applicable in the transport sector .

Article 75(1)(a ) and ( b ) of the Treaty does not of itself create individual rights on which nationals of the Member States may rely in proceedings before national courts with regard to decisions adopted by national authorities .