ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of employees ' rights — Directive 77/187 — Scope — Termination by a contracting authority of a contract for management of catering services — Parts of the tangible assets belonging to the contracting authority used by each contractor in turn — Intention of the second contractor not to take on the employees of the first — Included — (Article 1 of Council Directive 77/187)

Summary

Article 1 of 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 must be interpreted as applying to a situation in which a contracting authority which had awarded the contract for the management of the catering services in a hospital to one contractor terminates that contract and concludes a contract for the supply of the same services with a second contractor, where the second contractor uses substantial parts of the tangible assets previously used by the first contractor and subsequently made available to it by the contracting authority, even where the second contractor has expressed the intention not to take on the employees of the first contractor.

see para. 43 and operative part
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Summary



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Convention on Jurisdiction and the Enforcement of Judgments — Special jurisdiction — Jurisdiction in matters relating to maintenance — Action for recovery brought by a public body subrogated to the rights of the maintenance creditor — Article 5(2) of the Convention does not apply — (Convention of 27 September 1968, Art. 5(2))

Summary

Article 5(2) 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, by the Convention of 25 October 1982 on the accession of the Hellenic Republic, and by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic, which provides for a special jurisdiction of the courts for the place where the maintenance creditor is domiciled or habitually resident in matters relating to maintenance, must be interpreted as meaning that it cannot be relied on by a public body which seeks, in an action for recovery, reimbursement of sums paid under public law by way of an education grant to a maintenance creditor, to whose rights it is subrogated against the maintenance debtor.

Where the maintenance creditor has benefited from the grant to which he could lay claim, there is no need to deny the maintenance debtor the protection offered by Article 2 of the Convention, particularly as the courts of the defendant are better placed to determine the latter ' s resources.

see paras 31, 34, operative part
Keywords

Summary



Keywords

Tax provisions – Harmonisation of laws – Structures of excise duties on mineral oils – Directive 92/81 – Mineral oils to be subject to excise duty – Mineral oils ‘used as heating fuel’ – Definition – Independent interpretation – Definition including all forms of consumption of mineral oil – National legislation not making all mineral oils falling within that definition subject to excise duties – Failure to fulfil obligations

(Council Directive 92/81, Art. 2(2), first sentence)

Summary

Under the first sentence of Article 2(2) of Directive 92/81 on the harmonisation of the structures of excise duties on mineral oils, mineral oils not referred to in Directive 92/82 are to be subject to excise duty if they are ‘used as heating fuel or motor fuel’.

In that respect, the fact that the Community legislature did not define those uses provides no ground for inferring that it intended to leave the definition of those uses to the Member States. Such an eventuality would involve the risk of divergent definitions, which would adversely affect the uniform determination of the chargeable event for the excise duty made by the article in question. It follows that the expression ‘used as heating fuel’ must be interpreted independently.

As regards that interpretation, it is clear from the scheme of Directive 92/81 and the objective pursued by the excise duty on mineral oils as a tax on consumption that the expression at issue does not refer only to cases in which the thermal energy produced by the combustion of mineral oil is used for heating purposes, but includes also cases in which the thermal energy thus produced is used for other purposes and therefore refers to all cases where mineral oils are burnt and the thermal energy thus produced is used for heating, whatever the ultimate purpose of that heating may be, including that of transformation or destruction of the substance absorbing the thermal energy during a chemical or industrial process. In all those cases, the mineral oils are used up and must therefore be subject to the excise duty.

Accordingly, a Member State has failed to fulfil its obligations under the first sentence of Article 2(2) of Directive 92/81 when its national legislation provides for a restrictive definition, with the effect that cases in which the combustion of the mineral oil coincides, in a homogeneous process, with the transformation or destruction of the substance absorbing the thermal energy produced by the combustion are exempt from the excise duty, and thereby does not make all mineral oils intended for use as heating fuel subject to excise duties.

(see paras 45-46, 50, 52, 56-58, operative part)
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Summary



Keywords

1. Environment – Waste – Packaging and packaging waste – Directive 94/62 – Power granted to the Member States to encourage systems for the reuse of packaging –Directive not containing specific criteria concerning the organisation of those systems – Assessment of the systems in light of the Treaty provisions relating to the free movement of goods

(Arts 28 EC and 30 EC; European Parliament and Council Directive 94/62, Art. 5)

2. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National rules replacing a global packaging-waste collection system with a deposit and return system – Not permissible ­– Justification – Protection of the environment – Condition – Observance of the principle of proportionality

(Arts 28 EC and 30 EC)

Summary

1. Article 5 of Directive 94/62 on packaging and packaging waste, which grants the Member States the power to encourage, in conformity with the Treaty, systems for the reuse of packaging that can be reused in an environmentally sound manner, formulates that power in general terms and does not specify the criteria to be taken into account by the Member States which exercise it. Accordingly, given that the directive does not regulate, as regards Member States disposed to exercise that power, the organisation of systems encouraging reusable packaging, such systems can be assessed on the basis of the Treaty provisions relating to the free movement of goods.

(see paras 41, 43, 45, 50)

2. A Member State which, as regards non-reusable packaging, replaces a global packaging-collection system with a deposit and return system, obliging producers to alter certain information on their packaging and causing additional costs for every producer and distributor, without affording them a transitional period sufficient to enable them to adapt to the requirements of the new system, fails to fulfil its obligations under Article 5 of Directive 94/62 on packaging and packaging waste in conjunction with Article 28 EC.

Such national rules capable of hindering intra-Community trade may be justified by overriding requirements relating to protection of the environment only if the means which they employ are suitable for the purpose of attaining the desired objectives and do not go beyond what is necessary for that purpose.

(see paras 59, 62, 68, 75, 78-79, operative part)
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Summary



Keywords

1. Freedom of movement for persons – Workers – Equal treatment – Exercise of trade union rights – National law excluding workers who are nationals of another Member State of the European Union or the European Economic Area from eligibility for election to workers’ chambers – Not permissible – Justification based on possibility of participation in the exercise of powers conferred by public law – None

(Art. 39 EC; EEA Agreement, Art. 28; Council Regulation No 1612/68, Art. 8)

2. International agreements – Association or cooperation agreements with the Community – Freedom of movement for persons – Workers – Equal treatment – Exercise of trade union rights – National law excluding workers who are nationals of a non-Member State which has concluded an agreement with the Community from eligibility for election to workers’ chambers and works councils – Not permissible

Summary

1. A Member State, which denies the right to stand for election to bodies responsible for the representation and defence of workers’ interests, such as workers’ chambers, to workers who are nationals of other Member States of the European Union or the European Economic Area, fails to fulfil its obligations under Article 39 EC and Article 8 of Regulation No 1612/68 on freedom of movement for workers within the Community, as amended by Regulation No 2434/92, and Article 28 of the Agreement on the European Economic Area.

Such legislation is contrary to the general prohibition of all discrimination based on nationality underlying those provisions.

Neither the legal nature of those bodies, as defined under national law, nor the fact that certain of their functions could involve participation in the exercise of powers conferred by public law, can justify that legislation.

(see paras 30, 33, 40, 56, operative part)

2. A Member State which denies the right to stand for election to bodies representing and defending the interests of workers, such as workers’ chambers and works councils, to workers who are legally employed in a Member State, fails to fulfil its obligations under the provisions of agreements concluded between the Community and non-Member States which prohibit discrimination, as regards conditions of work, against any such workers.

The principle of non-discrimination on grounds of nationality set out in the agreements in question requires that all workers, be they domestic nationals or nationals of one of the non-Member States concerned, enjoy identical conditions of work and employment and, in particular, be allowed to participate, in the same way, in elections organised by those bodies. A difference in treatment according to nationality is contrary to that general principle.

(see paras 48-49, 56, operative part)
JUDGMENT OF THE COURT (Sixth Chamber)

16 January 2003

((Origin of a fishery product – Article 28 EC – National legislation imposing a periodic prohibition on the landing of certain fish catches – Competence of the Member States))

THE COURT (Sixth Chamber),,

after considering the written observations submitted on behalf of:

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of the French Government, represented by L. Bernheim, the Netherlands Government, represented by J. van Bakel, acting as Agent, and the Commission, represented by A. Bordes and T. van Rijn, at the hearing on 21 March 2002,

after hearing the Opinion of the Advocate General at the sitting on 23 April 2002,
Case C-324/01





Commission of the European Communities

v

Kingdom of Belgium





«(Failure of a Member State to fulfil obligations – Conservation of natural habitats – Wild fauna and flora – Incomplete transposition)»

Opinion of Advocate General Léger delivered on 12 September 2002 I - 0000

Judgment of the Court (Sixth Chamber), 5 December 2002 I - 0000

Summary of the Judgment
JUDGMENT OF THE COURT (Sixth Chamber)

20 March 2003

((Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Special protection areas – Conservation of wild birds))

applicant,

v

defendant,

THE COURT (Sixth Chamber),,

having regard to the Report for the Hearing,

after hearing the Opinion of the Advocate General at the sitting on 12 December 2002,
Case C-415/01





Commission of the European Communities

v

Kingdom of Belgium





«(Failure of a Member State to fulfil obligations – Conservation of wild birds – Special protection areas)»

Opinion of Advocate General Léger delivered on 7 November 2002 I - 0000

Judgment of the Court (Sixth Chamber), 27 February 2003 I - 0000

Summary of the Judgment

1.. Environment – Conservation of wild birds – Directive 79/409 – Classification of special protection areas – Obligation of the Member States – Obligation to adopt measures which automatically link the classification of a site as a special protection area to the application of a protection regime

(Council Directive 79/409, Art. 4)

2.. Acts of the institutions – Directives – Implementation by the Member States – Need for clear and precise transposition

(Art. 249 EC)

1.

2.
Case C-419/01





Commission of the European Communities

v

Kingdom of Spain





«(Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Article 5 – Urban waste water treatment – Failure to identify sensitive areas)»

Opinion of Advocate General Jacobs delivered on 30 January 2003 I - 0000

Judgment of the Court (Sixth Chamber), 15 May 2003 I - 0000

Summary of the Judgment

1.. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down by the reasoned opinion

(Art. 226 EC)

2.. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on the internal legal order – Not permissible

(Art. 226 EC)
Case C-122/01 P





T. Port GmbH & Co. KG

v

Commission of the European Communities





«(Appeal – Bananas – Common organisation of the markets – Regulation (EC) No 478/95 – Export licence scheme – Action for damages – Proof of damage and causal link)»

Opinion of Advocate General Léger delivered on 24 October 2002 I - 0000

Judgment of the Court (Sixth Chamber), 8 May 2003 I - 0000

Summary of the Judgment

1.. Appeals – Pleas in law – Plea against a ground of the judgment not necessary to support the operative part – Plea inoperative

(Statute of the Court of Justice, Art. 58, first subpara.)

2.. Appeals – Pleas in law – Incorrect assessment of the facts – Inadmissible – Review by the Court of Justice of assessment of evidence – Excluded unless the sense of evidence has been distorted

(Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first subpara.)

1.

2.
Case C-446/01





Commission of the European Communities

v

Kingdom of Spain





«(Failure of a Member State to fulfil obligations – Directive 75/442/EEC – Environment – Waste management)»

Judgment of the Court (Third Chamber), 12 June 2003 I - 0000

Summary of the Judgment
Case C-441/01





Commission of the European Communities

v

Kingdom of the Netherlands





«(Failure of a Member State to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Article 7(3))»

Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 16 January 2003 I - 0000

Judgment of the Court (Fifth Chamber), 22 May 2003 I - 0000

Summary of the Judgment

1.. Social policy – Protection of workers' safety and health – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work – Organisation of activities related to protection against and prevention of occupational risks – Obligation of employers to designate one or more workers to carry out those activities – Obligation taking precedence over that to enlist competent external persons or services

(Council Directive 89/391, Art. 7(1), (3), (4) and (6))

2.. Social policy – Protection of workers' safety and health – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work – Objectives – Promotion of balanced participation of employers and workers in activities related to protection against and prevention of occupational risks

(Council Directive 89/391, Art. 7)

3.. Social policy – Protection of workers' safety and health – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work – Organisation of activities related to protection against and prevention of occupational risks – Employers allowed to choose between internal organisation of those activities and enlistment of external competent services – Effectiveness of the Directive – Not ensured

(Council Directive 89/391, Art. 7(1) and (3))

1.

2.

3.
Case C-331/01





Kingdom of Spain

v

Commission of the European Communities





«(EAGGF – Clearance of accounts – Additional payments granted to producers of bovine animals in 1996 – Time-limits for notification of results of checks)»

Opinion of Advocate General Stix-Hackl delivered on 20 March 2003

Judgment of the Court (First Chamber), 11 September 2003

Summary of the Judgment
Case C-305/01





Finanzamt Groß-Gerau

v

MKG-Kraftfahrzeuge-Factoring GmbH





(Reference for a preliminary ruling from the Bundesfinanzhof)

«(Value added tax – Sixth Directive 77/388/EEC – Field of application – Factoring – Factoring company purchasing debts and assuming the risk of the debtors' default)»

Opinion of Advocate General Jacobs delivered on 6 March 2003 I - 0000

Judgment of the Court (Sixth Chamber), 26 June 2003 I - 0000

Summary of the Judgment

1.. Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Economic activities for the purpose of the Sixth Directive – Meaning – Purchase of debts with assumption of the risk of the debtors' default – Covered

(Council Directive 77/388, Arts 2, 4 and 17)

2.. Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Exemptions provided for by the Sixth Directive – Banking transactions referred to in Article 13B(d)(3) – Exclusion of debt collection and factoring – Meaning – Purchase of debts with assumption of the risk of the debtors' default – Covered

(Council Directive 77/388, Art. 13B(d)(3))

1.

2.
JUDGMENT OF THE COURT (First Chamber)

2 October 2003

((Community Customs Code and implementing Regulation – Outward processing procedure – Exemption from the import duties applied to compensating products – Amount deductible in the event of an incorrect indication of a tariff heading in the temporary export declaration for the goods – Failure having no significant effect on the correct operation of the outward processing procedure))

and

THE COURT (First Chamber),,

after considering the written observations submitted on behalf of:

─

─

─

─

having regard to the Report for the Hearing,

after hearing the oral observations of GEFCO SA, represented by F. Goguel, of the French Government, represented by A. Colomb, and of the Commission, represented by B. Stromsky and X. Lewis, acting as Agents, at the hearing on 27 November 2002,

after hearing the Opinion of the Advocate General at the sitting on 26 March 2003,
Case C-198/01





Consorzio Industrie Fiammiferi (CIF)

v

Autorità Garante della Concorrenza e del Mercato





(Reference for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio)

«(Competition law – National legislation anti-competitive – National competition authority's power to declare such legislation inapplicable – Circumstances in which undertakings not answerable for anti-competitive conduct)»

Opinion of Advocate General Jacobs delivered on 30 January 2003

Judgment of the Court, 9 September 2003

Summary of the Judgment

1.. Competition – Community rules – Obligations of the Member States – National law making compulsory or facilitating conduct on the part of undertakings which is contrary to Community rules – Duty of the national competition authority not to apply the law – Power to impose penalties on undertakings for conduct made compulsory by national law – None – Power to impose penalties for conduct taking place after the decision finding there to have been a breach of Article 81 EC and for past conduct facilitated or encouraged by national law

(Arts 10 EC and 81(1) EC)

2.. Competition – Community rules – Obligations of the Member States – National law conferring power to fix the retail selling prices of a product on a ministry and power to allocate production between undertakings on a consortium to which the relevant producers are obliged to belong – Possibility of competition between undertakings – Assessment in each specific case of whether undertakings have acted autonomously

(Art. 81(1) EC)

1.

2.
Joined Cases C-261/01 and C-262/01





Belgische Staat

v

Eugene van Calster, Felix Cleeren

and

Openbaar Slachthuis NV







(References for a preliminary rulingfrom the Hof van Beroep te Antwerpen)

«(Aid financed by parafiscal charges – Compulsory charges to finance a fund for animal health and livestock production – Retroactive effect of the charges – Validity of a Commission decision concerning State aid – Powers of the Commission)»

Opinion of Advocate General Jacobs delivered on 10 April 2003 I - 0000

Judgment of the Court, 21 October 2003 I - 0000

Summary of the Judgment

1.. State aid – Planned aid – Notification to the Commission – Extent of the obligation – Notification must include the method of financing an account of its impact on the permissibility of the aid

(EC Treaty, Art. 93(3) (now Art. 88(3))

2.. State aid – Planned aid – Prohibition of implementation before the Commission's final decision – Direct effect – Scope – Charges introduced to finance aid granted contrary to Community law – Obligation on national courts to order repayment

(EC Treaty, Art. 93(3) (now Art. 88(3) EC))

3.. State aid – Planned aid – Grant of aid in breach of the prohibition laid down in Article 93(3) of the Treaty (now Article 88(3) EC) – Subsequent Commission decision declaring the aid compatible with the common market – Effect – Ex post facto regularisation of the national legal measures relating to the grant of the aid – None

(EC Treaty, Art. 93(3) (now Art. 88(3) EC))

4.. State aid – Respective powers of the Commission and of national courts – No power of the Commission to order repayment of non-notified aid

(EC Treaty, Art. 92 (now, after amendment, Art. 87 EC) and Art. 93(3) (now Art. 88(3) EC))

1.

2.

3.

4.
Case C-423/01





Emil Färber GmbH & Co.

v

Stadt Neustadt/Weinstraße





(Reference for a preliminary ruling from the Verwaltungsgericht Neustadt an der Weinstraße)

«(Common agricultural policy – Fees for health inspections and controls of fresh meat – Directive 85/73/EEC)»

Opinion of Advocate General Léger delivered on 27 February 2003 I - 0000

Judgment of the Court (Sixth Chamber), 16 October 2003 I - 0000

Summary of the Judgment

1.. Agriculture – Approximation of laws on health policy – Financing of health inspections and controls of fresh meat – Directive 85/73 – Fee levels – Reduction of amounts in connection with cutting operations in the establishment where the meat is obtained – Cutting plant and slaughterhouse situated in the same place but belonging to different persons – Included

(Council Directive 85/73, Annex A, Chapter I, point 2, second indent)

2.. Agriculture – Approximation of laws on health policy – Financing of health inspections and controls of fresh meat – Directive 85/73 – Fee levels – Reduction of amounts in connection with cutting operations in the establishment where the meat is obtained – Criteria

(Council Directive 85/73, Annex A, Chapter I, point 2, second indent)

1.

2.