ddrg/super_eurlex huggingface dataset:
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Approximation of laws Procedures for the award of public works contracts Directive 93/37 Contracting authorities Body governed by public law Definition Low-rent housing corporations Included Conditions

(Council Directive 93/37, Art. 1(b))

Summary

$$Under Article 1(b), second subparagraph, of Directive 93/37 concerning the coordination of procedures for the award of public works contracts, a body governed by public law means a body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, which has legal personality and is closely dependent on the State, regional or local authorities or other bodies governed by public law. With regard to that third condition characterising a body governed by public law, contained in the third indent of the second subparagraph of Article 1(b) of the Directive, since management supervision constitutes one of the three criteria referred to in that provision, it must give rise to dependence on the public authorities equivalent to that which exists where one of the other alternative criteria is fulfilled, namely where the body in question is financed, for the most part, by the public authorities or where the latter appoint more than half of the members of the managerial organs of the body.

Consequently, low-rent housing corporations which meet needs in the general interest, not having an industrial or commercial character, which have legal personality and whose management is subject to supervision by the public authorities which allows the latter to influence their decisions in relation to public contracts, fulfil the three cumulative conditions which characterise a body governed by public law within the meaning of Directive 93/37 and are contracting authorities.

( see paras 39-40, 44, 49, 59-60 )
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Approximation of laws - Insider dealing - Directive 89/592 - Prohibition on the use of inside information - Member States' option to extend the scope of the prohibition, provided that it applies generally - Breach - Consequences

(Council Directive 89/592, Art. 2 and 6)

Summary

$$Article 6 of Directive 89/592 coordinating regulations on insider dealing does not preclude the application of legislative provisions of a Member State which, as regards the prohibition of use of inside information, are more stringent than those laid down by the directive, provided that the scope of the definition of inside information used for applying that legislation is the same for all natural or legal persons subject to the legislation.

If provisions of national law run counter to Article 6 of Directive 89/592, by reason of the fact that certain natural or legal persons are specifically exempted from a more stringent prohibition of use of inside information than that laid down by the directive, the national court must disapply those more stringent provisions with regard to all persons to whom they might otherwise apply.

( see paras 35, 38 and operative part 1-2 )
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Social security for migrant workers Community rules Material scope Payment of advances on maintenance payments to minor children Included Condition concerning the recipient's nationality Not permissible

(Council Regulation No 1408/71, Arts 1(u)(i), 3 and 4(1)(h))

Summary

$$The expression to meet family expenses in Article 1(u)(i) of Regulation No 1408/71 is to be interpreted as referring, in particular, to a public contribution to a family's budget to alleviate the financial burdens involved in the maintenance (Unterhalt) of children.

The method by which a benefit is financed does not affect its classification as a social security benefit. It does not matter by what legal mechanism the Member State implements the benefit. Consequently, the fact that the public contribution takes the form of advances on maintenance paid by a public fund in the place of the defaulting debtor is of no consequence.

It follows that a benefit such as the advances on maintenance payments provided for by the Österreichische Bundesgesetz über die Gewährung von Vorschüssen auf den Unterhalt von Kindern (Unterhaltsvorschußgesetz) (Federal Austrian Law on the Grant of Advances for the Maintenance of Children) constitutes a family benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71. Consequently, persons residing in the territory of a Member State to which the provisions of that regulation apply are entitled, in accordance with the principle of equal treatment of a State's nationals and the nationals of other Member States in matters of social security set out in Article 3 of that regulation, to receive such a benefit under the legislation of that Member State on the same conditions as that State's nationals.

( see paras 41, 46-47, 49 and operative part )
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Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Deduction of input tax - Exclusions from the right of deduction - Option for Member States to retain exclusions existing on entry into force of the Sixth Directive - Scope - Reduction of scope of exclusions - Whether permissible - Limitation of the right to deduct tax to vehicles and machines used exclusively for driving instruction

(Council Directive 77/388, Art. 17(2) and (6), second subpara.)

Summary

$$Where the legislation of a Member State, after the entry into force of the Sixth Directive 77/388, is amended so as to reduce the scope of existing exclusions from the right to deduct value added tax and thereby brings itself into line with the objective of the Sixth Directive, that legislation is covered by the derogation provided for by the second subparagraph of Article 17(6) of the Sixth Directive and is not in breach of Article 17(2).

Accordingly, a Member State which replaces a total exclusion of private cars from the right to deduct value added tax with authorisation for partial deduction, that is to say in respect of vehicles and machines used exclusively for driving instruction, has not failed to fulfil its obligations under Article 17(2) of the Sixth Directive.

( see paras 22-23 )
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Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Taxable amount - Supply of goods - Possibility for the purchaser to acquire goods by means of interest-free credit provided by a finance company distinct from the seller - Payment by that company to the seller of an amount less than the price of the goods - Taxable amount consisting of the total amount payable by the purchaser

(Council Directive 77/388, Art. 11.A(1)(a))

Summary

$$On a proper construction of Article 11.A(1)(a) of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, where a supply of goods for consideration has the following features:

- a retail trader sells goods in return for payment of the advertised price which he invoices to the purchaser and which does not vary according to whether the customer pays in cash or by way of credit;

- should the purchaser so request, the acquisition of the goods is financed by the provision to him of interest-free credit by a finance company distinct from the seller;

- the finance company gives an undertaking to the purchaser that it will pay to the seller on the purchaser's behalf the sales price advertised and invoiced by the seller;

- the finance company in fact pays to the seller, pursuant to agreements concluded with the seller but of which the purchaser is unaware, a sum less than the price advertised and invoiced; and

- the purchaser repays to the finance company a sum equal to the price advertised and invoiced,

the taxable amount for purposes of calculating the value added tax payable on that sale consists of the full amount payable by the purchaser.

( see para. 49 and operative part )
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Agriculture - EAGGF - Clearance of accounts - Disallowance of expenditure arising from irregularities in the application of the Community rules - Financial adjustment - Conditions
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Freedom of movement for persons - Workers - Equal treatment - Conditions of employment - Administrative or contractual practices operated by certain public universities leading to the refusal of recognition of rights acquired by former foreign-language assistants - Discrimination - Not permissible (EC Treaty, Art. 48 (now, after amendment, Art. 39 EC)

Summary

$$The principle of equality of treatment, of which Article 48 of the Treaty (now, after amendment, Article 39 EC) is a specific expression, prohibits not only overt discrimination based on nationality but also all covert forms of discrimination which, by applying other distinguishing criteria, lead in fact to the same result.

Contractual and administrative practices operated by certain public universities in a Member State which do not recognise the rights acquired by former foreign-language assistants, who have become associates and mother-tongue linguistic experts, even though such recognition is guaranteed to all national workers, lead to discriminatory situations. By not guaranteeing the said assistants recognition of the rights acquired, the Member State in point has therefore failed to fulfil its obligations under Article 48 of the Treaty.

( see paras. 24, 31, 36 and operative part )
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1. Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(EC Treaty, Art. 169 (now Art. 226 EC))

2. Actions for failure to fulfil obligations - Proof of infringement - Evidentiary burden on the Commission - Where evidence is produced indicative of infringement

(EC Treaty, Art. 169 (now Art. 226 EC))

Summary

1. Member States may not plead their late implementation of a directive as justification for failure to fulfil, or late fulfilment of, other obligations imposed by the directive.

( see para. 45 )

2. In the context of proceedings under Article 169 of the Treaty (now Article 226 EC) for failure to fulfil obligations, it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and to place before the Court the information needed to enable it to determine whether the obligation has not been fulfilled.

( see para. 61 )
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1. Acts of the institutions - Directives - Implementation by the Member States - Directive intended to confer rights on individuals - Requirements of clarity and legal certainty - Whether such directives may be transposed into national law without legislative action - Not permissible - Implementation by administrative practices - Insufficient

(EC Treaty, Art. 189 (now Art. 249 EC))

2. Actions for failure to fulfil obligations - Examination of the merits by the Court - Alleged failure to fulfil obligations having no adverse consequences - Irrelevant

(EC Treaty, Art. 169 (now Art. 226 EC))

3. Actions for failure to fulfil obligations - Examination of the merits by the Court - Situation to be taken into account - Situation at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169 (now Art. 226 EC))

4. Member States - Obligations - Obligation to penalise infringements of Community law - Scope

(EC Treaty, Art. 5 (now Art. 10 EC))

Summary

1. Each Member State is bound to implement the provisions of directives in a manner that fully meets the requirements of clarity and certainty in legal situations imposed by the Community legislature, in the interests of the persons concerned established in the Member States. To that end, the provisions of a directive must be implemented with unquestionable legal certainty and with the requisite specificity, precision and clarity.

Thus, mere administrative practices, which by their nature can be changed as and when the authorities please and which are not publicised widely enough cannot be regarded as a proper fulfilment of the obligation imposed on Member States to which the directives are addressed.

( see paras 27-28 )

2. Since failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute a breach, the fact that such a failure had no adverse effects is irrelevant.

( see para. 34 )

3. In an action under Article 169 of the Treaty (now Article 226 EC), the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes.

( see para. 45 )

4. Where a Community regulation does not specifically provide for any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty (now Article 10 EC) requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive.

( see para. 46 )
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Approximation of laws - Unfair terms in consumer contracts - Directive 93/13 - Means to prevent the use of unfair terms - Need to set up procedures designed to prevent the mere recommendation of the use of such terms

(Council Directive 93/13, Art. 7(3))

Summary

$$Article 7(3) of Directive 93/13 on unfair terms in consumer contracts, which provides that the legal remedies intended to prevent the use of such clauses may be directed separately or jointly against a number of sellers or suppliers or their associations which use or recommend the use of the clauses referred to, must be interpreted as requiring the setting up of procedures of a deterrent nature and a dissuasive purpose which may also be directed against conduct confined to the recommending of the use of unfair contract clauses, without actually using them in specific contracts.

( see paras 15-16 )
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1. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Duty to draw up as soon as possible one or more waste management plans - Scope

(Council Directives 75/442, Art. 7(1) and 91/156, Art. 2(1), first subpara.)

2. Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification of setting more ambitious objectives than those pursued by a given directive - Not permissible

(Art. 226 EC)

Summary

1. The duty to draw up waste management plans, in accordance with Article 7(1) of Directive 75/442 on waste, is an obligation as to the result to be achieved. It cannot be satisfied by steps preparing for or contemplating the drafting of such plans or by the creation of an appropriate regulatory framework for attaining that objective.

The inclusion of the words as soon as possible in Article 7(1) is an indication that the period laid down in the first subparagraph of Article 2(1) of Directive 91/156, which amends Directive 75/442, for transposition of the directive does not relate to the obligation to draw up waste management plans. If that were the case, the words would be meaningless. It thus follows that the words as soon as possible are to be interpreted as stipulating, in principle, a reasonable period for compliance by the competent authorities of each Member State with that particular obligation, that period being unconnected with the period laid down for transposition of the directive.

( see paras 39, 41 )

2. The fact that a Member State claims that it has set itself more ambitious objectives than those pursued by a given directive does not relieve that Member State of its obligation to comply, at the very least, with the requirements laid down in that directive within the period allowed.

( see para. 48 )
Case C-196/99 P





Siderúrgica Aristrain Madrid SL

v

Commission of the European Communities





«(Appeal – Agreements and concerted practices – European producers of beams)»

Opinion of Advocate General Stix-Hackl delivered on 26 September 2002 I - 0000

Judgment of the Court (Fifth Chamber), 2 October 2003 I - 0000

Summary of the Judgment

1.. Appeals – Grounds – Erroneous assessment of the facts – Inadmissible – Appeal dismissed

( Art. 32d(1) CS; ECSC Statute of the Court of Justice, Art. 51)

2.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines for infringement of the competition rules – Merely desirable that the method of calculating the fine be disclosed

( ECSC Treaty, Arts 15, first para., and 65(5))

3.. Procedure – Measures of inquiry – Request for production of a document – Discretion of the Court of First Instance

( Rules of Procedure of the Court of First Instance, Arts 49 and 65(b))

4.. ECSC – Community competition rules – Infringements – Fines – Amount – Determination – Criteria – Raising of the general level of fines – Whether permissible – Conditions

( ECSC Treaty, Art. 65(5))

5.. ECSC – Community competition rules – Infringement by an undertaking – Attribution to another undertaking having regard to the economic and legal links between them – Conditions – Control of share capital in the same hands insufficient

( ECSC Treaty, Art. 65(1))

6.. ECSC – Agreements, decisions and concerted practices – Fines – Amount – Method of calculation – Fixing of fines in ecus for all the undertakings which participated in the infringement on the basis of turnover, expressed in ecus, of the last full year of the period of the infringement – Whether permissible

( ECSC Treaty, Art. 65(5))

7.. Court of First Instance – Organisation – Composition of chambers – Judge absent or prevented from attending – Whether absence definitive or temporary – Not relevant

( ECSC Statute of the Court of Justice, Arts 18 and 44; Rules of Procedure of the Court of First Instance, Arts 32 and 33(1) and (5))

8.. Proceedings – Duration of the proceedings before the Court of First Instance – Reasonable period – Criteria of assessment

1.

2.

3.

4.

5.

6.

7.

8.
Case C-385/99





V.G. Müller-Fauré

v

Onderlinge Waarborgmaatschappij OZ Zorgverzekeringen UA



and

E.E.M. van Riet

v

Onderlinge Waarborgmaatschappij ZAO Zorgverzekeringen







(Reference for a preliminary ruling from the Centrale Raad van Beroep)

«(Freedom to provide services – Articles 59 of the EC Treaty (now, after amendment, Article 49 EC) and 60 of the EC Treaty (now Article 50 EC) – Sickness insurance – System providing benefits in kind – System of agreements – Medical costs incurred in another Member State – Prior authorisation – Criteria – Justification)»

Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 22 October 2002 I - 0000

Judgment of the Court, 13 May 2003 I - 0000

Summary of the Judgment

1.. Freedom to provide services – Restrictions – National rules on reimbursement of medical costs incurred in another Member State – Treatment provided in a hospital – Requirement of prior authorisation from the insurance fund in the Member State in which the person concerned is insured – Grant subject to requirements that the treatment must be necessary – Whether permissible – Conditions – Possibility of obtaining equally effective treatment without undue delay – Criteria for assessment

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC) and Art. 60 (now Art. 50 EC))

2.. Freedom to provide services – Restrictions – National rules on reimbursement of medical costs incurred in another Member State – Non-hospital treatment – Requirement of prior authorisation from the insurance fund in the Member State in which the person concerned is insured – Not permissible – Whether justifiable – Threat to the financial balance of the social security system, the protection of public health and the essential characteristics of the national sickness insurance scheme – None

(EC Treaty Art. 59 (now, after amendment, Art. 49 EC) and Art. 60 (now Art. 50 EC))

1.

2.
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Summary



Keywords

Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Deduction of input tax - Exclusions from the right of deduction - Option for Member States to retain exclusions existing on entry into force of the Sixth Directive - Scope - Extension of scope of exclusions - Not permissible - Reintroduction of a total prohibition on the right to deduct value added tax on diesel used as fuel for vehicles and machines on the purchase of which no value added tax is deductible after having introduced a partial right to deduct

(Council Directive 77/388, Art. 17(2) and (6), second subpara.))

Summary

$$National legislation does not constitute a derogation permitted by the second subparagraph of Article 17(6) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes and infringes Article 17(2) thereof if its effect is to increase, after the entry into force of the Sixth Directive, the extent of existing exclusions, thus diverging from the objective of that directive. The same is true of any amendment subsequent to the entry into force of the Sixth Directive which increases the extent of exclusions applicable immediately before that amendment.

Accordingly, a Member State which reintroduces from 1 January 1998 a total prohibition on the right to deduct value added tax on diesel used as fuel for vehicles and machines on the purchase of which no value added tax is deductible, after having introduced a partial right to deduct, has failed to fulfil its obligations under Article 17(2) of the Sixth Directive.

( see paras 17-18, 24 and operative part )