ddrg/super_eurlex huggingface dataset:
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1. Free movement of goods ° Freedom to provide services ° Provisions of the Treaty ° Scope ° Physical transfer of assets ° Excluded ° Application of the provisions concerning capital movements or payments

(EEC Treaty, Arts 30, 59, 67 and 106; Council Directive 88/361)

2. Free movement of capital ° Liberalization of capital movements ° Directive 88/361 ° National supervisory measures ° Physical transfers of assets conditional upon prior authorization ° Not permissible ° Possibility for individuals to rely on the corresponding provisions

(Council Directive 88/361, Arts 1 and 4)

Summary

1. Rules which make the export of coins, banknotes or bearer cheques conditional upon a prior declaration or an administrative authorization and make that requirement subject to criminal penalties do not fall within the scope of Articles 30 and 59 of the Treaty.

It is clear from the system of the Treaty that the physical transfer of assets falls not under those articles but under Article 67 and Directive 88/361 implementing that provision and, even if it were established that such a transfer constituted a payment connected with trade in goods or services, the transaction would be governed not by Articles 30 and 59 but by Article 106 of the Treaty.

2. Directive 88/361 for the implementation of Article 67 of the Treaty and in particular Article 1 thereof, requiring Member States to abolish restrictions on movements of capital, and Article 4, authorizing them to take all requisite measures to prevent infringements of their national laws and regulations, preclude the export of coins, bank notes or bearer cheques being made conditional on prior authorization but do not by contrast preclude a transaction of that nature being made conditional on a prior declaration.

Although Article 4 applies not only to measures to prevent infringements in the field of taxation and for the prudential supervision of financial institutions, but also to those designed to prevent illegal activities of comparable seriousness, such as money laundering, drug trafficking or terrorism, the requirement of authorization cannot be regarded as a requisite measure within the meaning of that provision, because it would cause the exercise of the free movement of capital to be subject to the discretion of the administrative authorities and thus be such as to render that freedom illusory. A prior declaration, on the other hand, may constitute a requisite measure within that meaning since, unlike prior authorization, it does not entail suspension of the transaction in question but does still allow the national authorities to exercise effective supervision in order to prevent infringements of their laws and regulations.

The provisions mentioned above may be relied on before national courts and render inapplicable national rules which conflict with them.
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Social security for migrant workers ° Invalidity insurance ° Conditions for the granting of benefits ° Legislation of the competent Member State imposing a requirement relating to the worker' s state of health when he joins the scheme established by that legislation ° Obligation to take into account periods of insurance completed under the legislation of another Member State

(Council Regulation No 1408/71, Art. 38(1))

Summary

Article 38(1) of Regulation No 1408/71 is to be interpreted as meaning that, where the applicable legislation of a Member State makes the grant of invalidity benefits subject, inter alia, to the condition that at the time of his joining the scheme established by that legislation the worker' s state of health must not have been such as to make it foreseeable, for the competent institution, that incapacity for work followed by invalidity would occur in the near future, the institution must also take into account periods of insurance completed by that worker under the legislation of another Member State, as if those periods had been completed under the legislation which it administers.

Since Article 38(1) merely implements, in relation to invalidity insurance, the rule on the aggregation of insurance, residence or employment periods, which constitutes one of the basic principles governing Community coordination of social security schemes in the Member States, its purpose being to ensure that exercise of the right, conferred by the Treaty, to freedom of movement does not have the effect of depriving a worker of social security advantages to which he would have been entitled if he had spent his working life in only one Member State, that provision prevents the competent institution from treating the effective date of insurance cover under the legislation which it administers as the commencement date for the periods of insurance to be taken into account for the purposes of the payment of invalidity benefits.
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Tax provisions ° Harmonization of laws ° Turnover tax ° Common system of value added tax ° Exemptions provided for by the Sixth Directive ° Strict interpretation ° Exemption of services linked to welfare and social security supplied by bodies governed by public law or other organizations recognized as charitable ° Services supplied by a natural person ° Excluded

(Council Directive 77/388, Art. 13 A(1)(g))

Summary

The exemptions provided for in Article 13 of the Sixth Directive (No 77/388) on the harmonization of the laws of the Member States relating to turnover taxes derogate from the general principle that value added tax is to be levied on all services supplied for consideration by a taxable person. The terms used to specify those exemptions must therefore be strictly interpreted. Consequently, and in view of the fact that some of the exemptions mentioned in Article 13 A(1) expressly refer to the concept of "body" or "organization", whereas others do not, exemption may be claimed in the first case only by legal persons whereas in the second it may also be claimed by natural persons, including traders.

A trader who is a natural person does not fall within the scope ratione personae of Article 13 A(1)(g) of the directive, which concerns services closely linked to welfare and social security supplied by bodies governed by public law or other organizations recognized as charitable by the Member State concerned; he cannot therefore claim exemption under that provision.
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Member States ° Obligations ° Implementation of directives ° Failure to do so not contested

(EC Treaty, Art. 169)
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1. Actions against Member States for failure to fulfil obligations ° Action dismissed as inadmissible because of inconsistency between the reasoned opinion and the application ° Lodging of a new application without a fresh pre-litigation procedure ° Whether permissible

(EEC Treaty, Art. 169)

2. Approximation of laws ° Procedures for the award of public works contracts ° Directive 71/305 ° Derogations from the common rules ° Strict interpretation ° Existence of exceptional circumstances ° Burden of proof

(Council Directive 71/305, Art. 9(b))

Summary

1. Where an action brought under Article 169 of the Treaty has been held inadmissible on the grounds that the Commission' s application was based on an objection that was different from that set out in the reasoned opinion, the Commission may remedy the defects found by the Court by lodging a fresh application on the same facts based on the same objections, pleas in law and arguments as the reasoned opinion originally issued, without having to recommence the entire pre-litigation procedure or issue a complementary reasoned opinion.

2. The provisions of Article 9 of Directive 71/305 concerning the coordination of procedures for the award of public works contracts, which authorize derogations from the rules intended to ensure the effectiveness of the rights conferred by the Treaty in connection with public works contracts, must be interpreted strictly. The burden of proving the actual existence of exceptional circumstances justifying a derogation lies on the person seeking to rely on those circumstances.

In view of the wording of Article 9(b) of the directive, pursuant to which authorities awarding works contracts may do so without applying the provisions of the directive, in particular those providing for publication of an invitation to tender, "when, for technical or artistic reasons or for reasons connected with the protection of exclusive rights, the works may only be carried out by a particular contractor", a Member State must, in order to justify recourse to a private contract procedure for the works in question, not only establish the existence of technical reasons within the meaning of that provision, but also prove that those technical reasons made it absolutely essential that the contract in question be awarded to a specific undertaking.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs ° Conditions for granting ° Composition of the product

(Commission Regulation No 570/88, Art. 4(1), Formula A(a), as amended by Regulation No 1157/91, and Art. 4(3), Formula C(a)(1), as amended by Regulations Nos 1048/89 and 1157/91)

Summary

Article 4(1), Formula A(a), of Regulation No 570/88 on the sale of butter at reduced prices and the grant of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs, as amended by Regulation No 1157/91, must be interpreted as meaning that butter from intervention stocks incorporated into deep-frozen, oven-ready sticks of short pastry made with butter, in the form of flour-based biscuits with an average flour content of 46% of the weight of the constituents, and intended for baking by the end-user cannot qualify for aid. The flour content of such sticks is not relevant for the purposes of the application of that provision.

Similarly, Article 4(3), Formula C(a)(1), of Regulation No 570/88, as amended by Regulation No 1048/89 and Regulation No 1157/91, must be interpreted as meaning that butter from intervention stocks incorporated into deep-frozen, oven-ready sticks of short pastry made with butter, in the form of flour-based biscuits with an average flour content of 46% of the weight of the constituents, and intended for baking by the end-user cannot qualify for aid.
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Agriculture ° Approximation of laws ° Minimum standards for the protection of laying hens kept in battery cages ° Directive 88/166 ° Stipulation by the directive of a minimum cage area ° Possibility for Member States to fix stricter national standards

(Council Directive 88/166, Annex, Art. 3(1)(a))

Summary

Both the letter and the purpose of Directive 88/166 complying with the judgment of the Court of Justice in Case 131/86 (annulment of Council Directive 86/113/EEC laying down minimum standards for the protection of laying hens kept in battery cages) indicate that Article 3(1)(a) of the Annex to the directive is to be interpreted as permitting Member States to lay down national rules regarding cage area for laying hens kept in battery cages stricter than those of the directive.

Although that interpretation may result in farmers in one Member State being treated less favourably than those in other Member States, allowing some inequalities in competition to persist, that is inherent in any harmonization which is restricted to laying down minimum standards.
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Competition ° Agreements, decisions and concerted practices ° Prohibition ° Block exemption ° Regulation No 123/85 ° Purpose ° Exemption for certain restrictions of competition agreed on between manufacturers and concessionaires in the motor vehicle industry ° Prohibition of parallel imports and independent reselling of new vehicles by a trader who is outside the official distribution network for the make concerned and is not an authorized intermediary ° None ° Prohibition of simultaneous conduct of business as both authorized intermediary and independent reseller ° None

(Commission Regulation No 123/85)

Summary

Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements merely provides economic agents in the motor vehicle industry with certain possibilities enabling them to remove their distribution and servicing agreements from the scope of the prohibition contained in Article 85(1) of the Treaty despite the inclusion in those agreements of certain types of exclusivity and no-competition clauses. It concerns only contractual relations between suppliers and their approved distributors and, although it states what the parties to such agreements may or may not undertake to do in relations with third parties, it does not, in contrast, serve to regulate the activities of such third parties, who may operate in the market outside the framework of distribution agreements.

Regulation No 123/85 must therefore be interpreted as not preventing a trader who is neither an approved reseller in the distribution network of a manufacturer of a particular make of motor vehicle nor an authorized intermediary within the meaning of Article 3(11) of that regulation from undertaking parallel imports and operating as an independent reseller of new vehicles of that make. Nor does that regulation prevent an independent trader from carrying on at the same time the business of authorized intermediary and that of non-approved reseller of vehicles acquired by way of parallel imports.
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1. Freedom of movement for persons ° Freedom of establishment ° Workers ° Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration ° Scope of Directive 89/48 ° Concept of "regulated profession" ° Profession not subject to any provision governing its taking up or pursuit but in practice requiring for its pursuit a specific diploma awarded on completion of prior education and training ° Excluded

(Council Directive 89/48, Art. 1(c) and (d))

2. Freedom of movement for persons ° Freedom of establishment ° Workers ° Access to various professions ° Obligation of Member States to take into consideration diplomas, knowledge, qualifications and other evidence of qualifications acquired in the Member State of origin

(EC Treaty, Arts 6, 48 and 52)

Summary

1. Article 1(c) in conjunction with Article 1(d) of Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration must be interpreted as meaning that a profession cannot be described as regulated when there are in the host Member State no laws, regulations or administrative provisions governing the taking up or pursuit of that profession or of one of its modes of pursuit, even though the only education and training leading to it consists of at least four and a half years of higher-education studies on completion of which a diploma is awarded and, consequently, only persons possessing that higher-education diploma as a rule seek employment in, and pursue, that profession. Consequently, a profession such as that of geologist in Germany cannot be regarded as regulated within the meaning of the directive.

2. Articles 6, 48 and 52 of the EC Treaty must be interpreted as meaning that when the competent authorities of a Member State receive a request to admit a person to a profession to which access, under national law, depends on the possession of a diploma or a professional qualification, they must take into consideration the diplomas, certificates and other evidence of qualifications which the person concerned has acquired in order to exercise the same profession in another Member State by making a comparison between the specialized knowledge and abilities certified by those diplomas and the knowledge and qualifications required by the national rules.

The same holds true for professional activities which are not subject by virtue of legal provision to the possession of a diploma, so far as concerns the conditions for taking them up or pursuing them. In such circumstances, the competent authorities of the host Member State responsible for classifying the nationals of other Member States, which will affect their chances of finding work on the territory of the host Member State, are required when carrying out that classification to take into consideration the diplomas, knowledge, qualifications and other evidence of qualifications that the person concerned has obtained in order to pursue a profession in the Member State of origin or from which he comes.
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Common commercial policy — Protection against dumping — Interpretation of Community rules — Regulations imposing a variable anti-dumping duty on imports of certain standardized multi-phase motors — Scope ratione materiae — Motor parts — Excluded — (Council Regulation No 864/87; Commission Regulation No 3019/86)

Summary

Regulation No 3019/86 imposing a provisional anti-dumping duty on imports of standardized multi-phase electric motors and Regulation No 864/87 imposing a definitive anti-dumping duty on the same imports must be interpreted as applying only to imports of standardized multi-phase electric motors which are complete or finished.

That interpretation is supported, inter alia , by the fact that the Community authorities decided, in the interests of transparency and efficiency and in order to induce exporters to raise their prices, to impose a duty, in the form of a variable duty equal to the difference between a minimum price and the price to the first independent buyer, which, unlike an ad valorem duty, cannot be satisfactorily applied to incomplete motors or motor parts. It is not possible either to calculate the duty payable on an incomplete motor by reference to the difference between its price and the minimum price fixed for a complete motor, since the result would be to impose a higher duty on the incomplete motor than on the complete, or to make a specific calculation of the duty on the incomplete motor, since the regulation does not set any minimum prices for incomplete motors.
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Freedom of movement for persons ° Workers ° Equal treatment ° Social advantages ° National rule making grant of a funeral payment subject to the funeral taking place on national territory ° Not permissible ° Justification ° None

(Regulation No 1612/68 of the Council, Art. 7(2))

Summary

Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant of a payment to cover funeral expenses incurred by a migrant worker subject to the condition that burial or cremation take place within the territory of that Member State.

Unless objectively justified and proportionate to the aim pursued, a provision of national law, even if applicable irrespective of nationality, must be regarded as indirectly discriminatory, and hence not complying with the equality of treatment prescribed by Article 7(2), if it is simply intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage.

Firstly, as regards funeral expenses, although the costs he incurs will be of the same type as and of comparable amount to those incurred by a national worker, it is above all the migrant worker who may, on the death of a member of the family, arrange for burial in another Member State, in view of the links which the members of such a family generally maintain with their State of origin. Secondly, the refusal to grant the payment if the funeral takes place in another Member State cannot be justified by considerations of public health, or by considerations relating to the cost of funerals, since the cost of transporting the coffin to a place distant from the deceased' s home is not covered in any event, or by the difficulty of checking the expenses incurred.
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Freedom of movement for persons ° Workers ° Equal treatment ° Territorial and personal scope ° National of a Member State established in a non-member country, employed on the local staff of the embassy of another Member State in that non-member country ° Included

(EC Treaty, Arts 48(2) and 227; Council Regulation No 1612/68, Art. 7(1) and (4))

Summary

The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another Member State in its embassy in that non-member country and whose contract of employment was entered into and is permanently performed there, as regards all aspects of the employment relationship which are governed by the legislation of the employing Member State.

Article 227 of the Treaty, which defines the geographical application of the Treaty and, in principle, of secondary legislation, does not preclude Community rules from having effects outside the territory of the Community, in particular as regards employment relationships which, although they concern an activity pursued outside that territory, retain a sufficiently close link with the Community; that must be deemed to extend also to cases in which there is a sufficiently close link between the employment relationship, on the one hand, and the law of a Member State and thus the relevant rules of Community law, on the other.
Case C-290/94

Commission of the European Communities

v

Hellenic Republic

‛Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Employment in the public service’

Opinion of Advocate General Léger delivered on 5 March 1996 I-3287

Judgment of the Court, 2 July 1996 I-3317

Summary of the Judgment

Freedom of movement for persons — Derogations — Employment in the public service — Water, gas and electricity distribution sectors, public health, education, transport, research, posts and telecommunications, radio and television broadcasting and musical orchestras — Nationality requirement for posts not involving participation in the exercise of powers conferred by public law or the safeguarding of the general interests of the State — Not permissible

(EEC Treaty, Art. 48; Council Regulation No 1612/68, Art. 1)

A Member State which, in the public sectors of water, gas and electricity distribution, the operational public health services, in the sectors of public education, transport by sea and air, railways, city and inter-city public transport, research for civil purposes, posts and telecommunications and radio and television broadcasting, and in the opera and municipal and local orchestras, does not restrict the requirement of possession of that Member State's nationality to posts involving direct or indirect participation in the exercise of powers conferred by public law or duties designed to safeguard the general interests of the State or of other public authorities, acts in breach of its obligations under Article 48 of the Treaty and Article 1 of Regulation No 1612/68 on freedom of movement for workers within the Community. Since the generality of the posts in those sectors is remote from the specific activities of the public service, the fact that some posts in those sectors may, in certain circumstances, be covered by Article 48(4) of the Treaty cannot justify a Member State's making all those posts in general subject to a nationality condition.