ddrg/super_eurlex huggingface dataset:
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1 . Officials - Actions - Act adversely affecting an official - Concept - Salary statement revealing a decision of classification in step

( Staff Regulations, Arts 90 and 91 )

2 . Officials - Leave on personal grounds - Reinstatement - Classification in step

( Staff Regulations, Art . 40(3 ) and 40(4)(d ) )

Summary

1 . Notification of the monthly salary statement has the effect of setting time running for the purpose of the time-limit for an action against an administrative decision where the existence of such a decision is clearly apparent from the statement .

This is the case where an official reinstated after the expiry of leave on personal grounds learns of the administration' s decision as to his classification in step from his monthly salary statement when the decision reinstating him, which was notified to him, did not contain any information in that regard .

2 . It is clear from Article 40(3 ) and the last sentence of Article 40(4)(d ) of the Staff Regulations that the classification of an official who is reinstated after the expiry of a period of leave on personal grounds is, in principle, the same as his classification at the time of the commencement of that leave, without the administration being under any obligation to take into consideration, when determining the official' s classification in step, either the duration of the leave or the period between the expiry of that leave and the official' s actual reinstatement .
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1.Action for annulment - Time-limit - When time begins to run - Decision notified to the applicant by the national authorities - Precise knowledge of the decision' s contents

( EEC Treaty, Art . 173, third paragraph )

2.European Communities' own resources - Post-clearance recovery of import or export duties - Importer complying with the conditions set out in Article 5(2 ) of Regulation No 1697/79 - Post-clearance recovery - Barred

( Council Regulation No 1697/79, Art . 5(2 ) )

3.Customs union - Harmonization of laws - Procedures for the release of goods into free circulation - Obligations of the person making the customs declaration

( Council Directive 79/695, Art . 3(1 ); Commission Directive 82/57, Art . 2 )

Summary

1.It is only from the moment when a trader receives clear and unequivocal notice, so that he can exercise his right of action, of the contents of an institution' s decision, addressed to a Member State, refusing to allow a provision of the Community rules to be applied to him, that time for bringing an action for annulment begins to run .

2.Article 5(2 ) of Regulation No 1697/79 on the post-clearance recovery of import duties or export duties, which lays down three precise conditions to be fulfilled before the competent authorities may waive post-clearance recovery, must be interpreted as meaning that when all those conditions are fulfilled the person liable to pay duties is entitled to the waiver of post-clearance recovery .

3.It is clear from Article 3(1 ) of Directive 79/695, on the harmonization of procedures for the release of goods for free circulation, and Article 2 of Directive 82/57, laying down certain provisions for implementing Directive 79/695, that the person making a customs declaration for the purpose of the release of goods for free circulation must supply the customs authorities with all the information required in relation to the customs treatment requested for the goods in question .

Where the tariff classification of the goods depends on the application of a particular customs system, such as a system providing for exemption from duties, that obligation also includes the determination of the correct subheading of the Common Customs Tariff . If on the sole basis of their description or appearance goods cannot be classified with sufficient accuracy under a particular subheading of the Common Customs Tariff, the person making the declaration must give all other relevant information relating in particular to the characteristics and intended use of the goods in order to enable them to be classified correctly .
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Agriculture - Common organization of the markets - Milk and milk products - Special aid for skimmed milk used as feed for animals other than calves - Mixed farms - Farmers using milk produced on their farm - Statement of herd size and declaration concerning the maximum number of young calves kept - Submission before the beginning of the period of aid in question

( Commission Regulation No 2793/77, Art . 4(1)(c ) and Art . 6(1)(a ) and ( b ) )

Summary

In the context of the system of special aid for skimmed milk for use as feed for animals other than young calves, the declaration of the maximum number of calves which will be kept on a mixed farm in a quarter, laid down in Articles 4(1)(c ) and 6(1)(b ) of Regulation No 2793/77, and the statement of the size of the herd kept on such a farm at the beginning of each month in question, laid down in the first indent of Article 6(1)(a ) of that regulation, must necessarily be submitted before the beginning of the period to which the aid relates . In the case of farmers using skimmed milk produced on their farm as animal feed, the fact that those compulsory declarations are made ex ante in that way is the only way of satisfying the requirements of effective supervision in so far as the declarations provide the authorities with means of checking that the undertakings given by farmers have been complied with .
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Action for annulment - Submissions - Submissions founded on the incompatibility with Community law of national provisions - Not admissible

( EEC Treaty, Art . 173 )

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In the context of an action for annulment brought against a decision constituting secondary legislation, the Court cannot rule on submissions based on the alleged incompatibility of national provisions with Community law . Except in the context of an action for a declaration of a failure to fulfil obligations, it is not for the Court to rule on the compatibility of national law with Community law . That competence belongs to the national courts, if necessary after obtaining from the Court, by way of a reference for a preliminary ruling, such clarification as may be necessary on the scope and interpretation of Community law .
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1.Action for a declaration that a Member State has failed to fulfil its obligations - Subject-matter of the dispute - Determined by the reasoned opinion - Period of time allowed to the Member State - Subsequent termination of the infringement - Interest in pursuing the action - Possible liability of the Member State

( EEC Treaty, Art . 169 )

2.Member States - Obligations - Infringement - Justification - Not permissible

( EEC Treaty, Art . 169 )

Operative part

( 1)Declares that, by omitting to adopt and to communicate to the Commission within the prescribed period the laws, regulations and administrative provisions necessary in order to comply with Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations, as amended by Council Directive 80/1179/EEC of 4 December 1980, the Hellenic Republic has failed to fulfil its obligations under the Treaty;

( 2)Orders the Hellenic Republic to pay the costs .
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Common Customs Tariff - Headings - "Apparatus for measuring electrical quantities" within the meaning of subheading 90.28 A II ( a ) - Apparatus intended for checking electronic components for conformity - Exclusion

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Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity .
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Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - "Forms of transport" within the meaning of the Sixth Directive - Sailing yachts - Covered - Hiring - Place where the service is deemed to be supplied for tax purposes

( Council Directive 77/388/EEC, Art . 9(1 ) and ( 2)(d ) )

Summary

Ocean-going sailing yachts that are used by their hirers for the practice of the sport of sailing are forms of transport within the meaning of Article 9(2)(d ) of the Sixth Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States on turnover taxes . Therefore the place where the service of hiring them out is supplied is, in conformity with the general principle laid down in Article 9(1 ) of the directive, deemed to be the place where the supplier has established his business .
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1 . Action for annulment - Time within which action must be brought - Starting-point - Notification - Concept - Burden of proof of notification - Application to actions brought by officials

( EEC Treaty, Art . 173, third paragraph, and Art . 191; Staff Regulations, Art . 91(3 ) )

2 . Officials - Social security - Sickness insurance - Official of the European Communities on unpaid leave on personal grounds who is also the spouse of an official - Entitlement to cover by virtue of the spouse' s insurance - Conditions

( Staff Regulations, Art . 40(3 ), second subparagraph, and Art . 72(1 ); Rules on Sickness Insurance for Officials of the European Communities, Art . 3(1 ) )

Summary

1 . Although a decision is properly notified within the meaning of Article 191 of the Treaty if it reaches the addressee and puts the latter in a position to take cognizance of it, it is for the party claiming that an action was brought outside the time-limits laid down in the third paragraph of Article 173 of the Treaty for the institution of annulment proceedings to prove the date on which the decision was notified . The same applies to proceedings brought under Article 91 of the Staff Regulations .

2 . Provided that he or she satisfies the requirements of Article 3(1 ) of the Rules on Sickness Insurance for Officials of the European Communities, an official on unpaid leave on personal grounds is insured against sickness by virtue of his or her spouse' s membership of the joint scheme, without having to bear the cost of the contributions provided for in the second subparagraph of Article 40(3 ) of the Staff Regulations .

Although Article 72(1 ) of the Staff Regulations, which provides that a spouse may be covered by the joint scheme only if he or she is not eligible for equivalent benefits by virtue of any other provisions, seeks to avoid as far as possible overlapping sickness insurance cover and does not refer primarily to the situation of an official of the European Communities who is also the spouse of an official, it is couched in such general terms that it is not possible to exclude those who, despite having that status, are not insured in their own right against sickness .

Furthermore, that article, although it reserves cover of a member' s spouse by the joint scheme to the peripheral cases in which he or she cannot otherwise obtain comparable benefits, does not impose an obligation on the spouse to endeavour in all circumstances to obtain cover in his or her own right by virtue of other provisions and does not, therefore, make cover by virtue of an official' s insurance conditional upon it being totally impossible for the spouse to be eligible for benefits of the same nature and of the same level by virtue of any other legal provisions .
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1 . Tax provisions -Harmonization of laws -Turnover tax -Common system of value-added tax -Taxable transactions -Private use of business goods where the VAT on such goods was not deductible -Taxation of the depreciation of the goods -Not permitted -Taxation of supplies of goods and services for the maintenance or use of the goods, in respect of which the VAT was deductible -Permitted

( Council Directive 77/388/EEC, Art . 6(2)(a ) )

2 . Tax provisions -Harmonization of laws -Turnover tax -Common system of value-added tax -Taxable transactions -Private use of business goods where the VAT on such goods was not deductible -Member States' power to derogate from the rule prohibiting taxation in such cases -None

( Council Directive 77/388/EEC, Art . 6(2 ), second sentence )

3 . Tax provisions -Harmonization of laws -Turnover tax -Common system of value-added tax -Taxable transactions -Private use of business goods where the VAT on such goods was not deductible -Taxation not permitted -Relevant provision may be relied on by individuals

( Council Directive 77/388/EEC, Art . 6(2)(a ) )

Summary

1 . Article 6(2)(a ) of the Sixth Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as precluding taxation of the depreciation of business goods in respect of their private use where the VAT on such goods was not deductible because they were purchased from a non-taxable person .

Taxation of the depreciation of the goods is also prohibited where, although the taxable person was not able to deduct the VAT in respect of the supply of the goods to him, he was none the less able to deduct the VAT on the supplies of goods and services which he sought and obtained from other taxable persons for the maintenance or use of the goods . In such a case, it is consistent with the common system of value-added tax to tax the expenses incurred for the maintenance and use of the goods, since such a solution avoids not only the double taxation of the goods themselves but also the non-taxation of final use .

2 . The power to derogate conferred on the Member States by the second sentence of Article 6(2 ) of the Sixth Directive does not allow them to tax the private use of business goods where the VAT on such goods was not wholly or partly deductible .

3 . Article 6(2 ) of the Sixth Directive may be relied on by a taxable person before the courts of a Member State in so far as that provision precludes taxation of the private use of business goods where the VAT on those goods was not wholly or partly deductible .
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Officials - Pensions - Pension rights acquired prior to entering the service of the Communities - Transfer to the Community scheme - Detailed arrangements - Calculation of the actuarial equivalent or sums paid - Matter solely for the institution administering the previous pension scheme - Judicial review - Lack of jurisdiction of the Court

( Staff Regulations, Annex VIII, Art . 11(2 ), second subparagraph )

Summary

When an official exercises his right under the second subparagraph of Article 11(2 ) of Annex VIII to the Staff Regulations to transfer to the Community pension scheme pension rights acquired prior to entering the service of the Communities, the institution in which he serves is under no other obligation by virtue of that provision than to convert into years of pensionable service to be credited under its own scheme the amount of the actuarial equivalent calculated by the institution operating the previous pension scheme on the basis of the rights acquired under that scheme . The method of calculating that amount is a matter solely for the national or international authority administering the pension scheme to which the official was affiliated prior to entering the service of the Communities and the Court therefore has no jurisdiction to review it .
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1.Free movement of persons - Freedom of establishment - Freedom to provide services - Conditions governing access to activities as a self-employed person in manufacturing and processing industries - Recognition of the effective exercise of an activity in another Member State - Conditions under which such exercise may be regarded as effective - Certificate issued by the Member State from which an individual has come - Probative value with regard to the authorities of the host Member State - Limits

( Council Directive 64/427, Arts 3 and 4(2 ) )

2 . Free movement of persons - Freedom of establishment - Freedom to provide services - Conditions governing access to activities as a self-employed person in manufacturing and processing industries - Previous professional training - Concept

( Council Directive 64/427, Art . 3(b ) )

Summary

1.In connection with access to activities as a self-employed person in manufacturing and processing industries, Article 3 of Directive 64/427 must be interpreted as meaning that the words "the fact that the activity in question has been pursued in another Member State for ... ( x ) consecutive years" refer solely to the actual exercise of the activity in question for a period which must be unbroken except for ( short ) absences due to illness and ( usual ) holiday leave, and which excludes, in particular, the pursuit of an activity in another Member State, even if the business of the undertaking in the country from which the person concerned comes was not given up .

When an application is made to take up an activity on the basis of the production of a certificate drawn up by the competent authority of the Member State from which the person concerned comes, pursuant to Article 4(2 ) of the directive, the competent authority of the host Member State is not bound to grant the application automatically if the certificate produced contains a manifest inaccuracy inasmuch as it states that the person referred to by the directive has completed a period of professional activity in the Member State from which he comes, when it is clear that during the same period the person in question has pursued his activities in the territory of the host Member State .

2 . The requirement set out in Article 3(b ) of Directive 64/427 of at least three years' previous training, attested by a certificate recognized by the State or regarded by the competent professional body as fully satisfying its requirements, must be construed as meaning that the training may have been received in a Member State other than that in which the activities in question were actually pursued, within the meaning of that provision, and that, in such a situation, "previous training" in the sense of the abovementioned provision must be interpreted as meaning training which entitles the person in question to take up the occupation in the Member State where that training was received .
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1.Officials - Act adversely affecting an official - Duty to state the reasons on which the decision is based - Purpose - Scope

( Staff Regulations of Officials, Art . 25, second paragraph )

2.Officials - Social security - Medical expenses - Reimbursement - Meaning of term "pharmaceutical products" - Scope

( Staff Regulations of Officials, Art . 72; Rules on Sickness Insurance, Annex I, Section V; Council Directive 65/65 )

Summary

1.Since the purpose of the duty to state the reasons upon which a decision is based is both to permit the person concerned to determine whether the decision contains a defect allowing its legality to be challenged and to enable it to be reviewed by the Court, it follows that the extent of that duty must be determined on the basis of the particular facts of each case .

The duty to state the grounds on which a decision is based, within the meaning of the second paragraph of Article 25 of the Staff Regulations, is satisfied if the circumstances in which the disputed measure was adopted and notified to those concerned and the staff memoranda and other communications accompanying it make it possible to recognize the essential factors which guided the administration in its decision .

2.Since the Community Rules on Sickness Insurance contain no definition of the term "pharmaceutical products", in order to determine the scope of that term within the meaning of the first paragraph of Section V of Annex I to the Rules, reference must be made to Council Directive 65/65 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products .

Under the provisions of that directive, an organotherapeutic preparation presented for treating or preventing disease in human beings, prescribed by a practitioner and purchased from a pharmacy, must be considered to be a pharmaceutical product . The Joint Sickness Insurance Scheme must reimburse the cost of that product because it does not appear in the list of products which fall under the heading of beauty products or tonics not considered to be pharmaceutical products and as such excluded from reimbursement contained in the second paragraph of Section V of Annex I to the abovementioned Rules, and may not, in view of its properties, be regarded as a similar product .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Rules prohibiting retailers from opening their premises on Sunday - Whether permissible - Condition

( EEC Treaty, Art . 30 )

Summary

Article 30 of the Treaty must be interpreted as meaning that the prohibition which it lays down does not apply to national rules prohibiting retailers from opening their premises on Sunday where the restrictive effects on Community trade which may result therefrom do not exceed the effects intrinsic to rules of that kind .

Such rules governing the opening hours of retail premises, applicable to national and imported products alike, pursue an aim justified with regard to Community law since they reflect certain political and economic choices in so far as their purpose is to ensure that working and non-working hours are so arranged as to accord with national or regional socio-cultural characteristics and since they are not designed to govern the patterns of trade between Member States .
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1.Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Supply of goods - Concept

( Council Directive 77/388/EEC, Art . 5(1 ) )

2.Preliminary rulings - Jurisdiction of national court - Application of provisions interpreted by the Court

( EEC Treaty, Art . 177 )

Summary

1."Supply of goods" in Article 5(1 ) of the Sixth Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as meaning the transfer of the right to dispose of tangible property as owner, even if there is no transfer of legal ownership of the property .

It is for the national court to determine in each individual case, on the basis of the facts of the case, whether or not there is such a transfer .

2.Under the division of functions provided for by Article 177 of the Treaty, it is for the national court to apply the rules of Community law, as interpreted by the Court, to an individual case . No such application is possible without a comprehensive appraisal of the facts of the case .