ddrg/super_eurlex huggingface dataset:
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Officials° Actions ° Judgment annulling an administrative act ° Effects ° Annulment of a test in an open competition ° Obligations of the selection board and of the appointing authority ° Extension of the annulment to subsequent acts in the competition procedure ° Error in law ° Appeal well founded

(Staff Regulations, Art. 91)

Summary

Where, in an open competition for the purpose of constituting a reserve for future recruitment, a test is annulled, the rights of an applicant who has failed that test will be adequately protected if the selection board and the appointing authority reconsider their decisions and seek a just solution in his case, without it being necessary to call in question the entire results of the competition or to annul the appointments made as a result thereof. It is necessary to reconcile the interests of the candidates put at a disadvantage by an irregularity committed in the course of the competition and the interests of the other candidates. To that end, the Court is required to take account not only of the need to restore the rights of candidates who have been adversely affected but also of the legitimate expectations of the candidates who passed the competition. Accordingly, the judgment of the Court of First Instance annulling both the irregular test and the subsequent acts in the competition procedure is vitiated by an error in law in that it does not limit the consequences of the annulment to reinstatement of the applicants' rights.
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Free movement of persons - Workers - Equal treatment - National legislation making employers' social security contributions more onerous in the case of workers undergoing vocational training which does not come under the national education system - Covert discrimination against workers undergoing vocational training who are nationals of other Member States - Not permissible

(EEC Treaty, Art. 48; Council Regulation No 1612/68, Art. 7(2) )

Summary

The prohibition of any discrimination based on nationality as regards remuneration and social advantages, as laid down in Article 48 of the Treaty and Article 7(2) of Regulation No 1612/68, covers not only covert discrimination based on nationality but all overt forms of discrimination which, by applying other distinguishing criteria, in fact achieve the same result. Accordingly, it precludes national rules which require a body responsible for recovering social security contributions to take into account, for a trainee worker who does not come under the national education system, a basis for calculating employers' social security contributions which is more unfavourable than that applied in respect of a trainee worker who comes under the national system, since essentially trainees from other Member States will come under the less favourable system, which is liable to discourage employers from offering them possibilities of traineeship.
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1. Free movement of persons ° Freedom of establishment ° Estate agents ° Access to the profession ° Obligation on Member States to assess equivalence between the diplomas and qualifications required under national law and those obtained in the Member State of origin ° Obligation to give decisions which state reasons and which are capable of being the subject of judicial proceedings

(EEC Treaty, Arts 52 and 57)

2. Free movement of persons ° Freedom of establishment ° Pursuit of a regulated profession by a national of another Member State who does not fulfil the conditions laid down by the host State ° Imposition of criminal penalties ° Whether permissible ° Conditions

(EEC Treaty, Arts 52 and 57)

Summary

1. Articles 52 and 57 of the Treaty must be interpreted as meaning that:

° in the absence of a directive on the mutual recognition of diplomas, certificates or other evidence of formal qualifications relating to the profession of estate agent, the authorities of a Member State, in response to a request for permission to practice that profession from a national of another Member State who holds a diploma or qualification relating to the pursuit of that profession in his State of origin, must assess the extent to which the knowledge and skills certified by the diplomas or professional qualifications obtained by the person concerned in his State of origin correspond to those required by the rules of the host State;

° where there is only partial equivalence between the diplomas or qualifications, the authorities of the host State are entitled to require the person concerned to show that he has acquired the knowledge and skills which are lacking by requiring him to pass an examination if necessary;

° the decision to deny a national of another Member State recognition or equivalent treatment of the diploma or professional qualification awarded to him by the Member State of which he is a national must be capable of being the subject of judicial proceedings in which its legality under Community law can be reviewed and the person concerned must be able to ascertain the reasons for the decision taken.

2. Subject to the obligation on the part of the authorities of the host State, in the absence of a directive on the mutual recognition of diplomas, certificates or other evidence of formal qualifications relating to a regulated profession, to examine whether the diploma or professional qualification awarded by another Member State to a Community national is equivalent to the diploma or qualification required by the legislation of the first State, and to the requirement that the examination procedure must fulfil certain conditions with regard, in particular, to the statement of reasons for an adverse decision and the remedies available against such a decision, Articles 52 and 57 of the Treaty do not preclude a Member State from imposing criminal penalties in respect of the pursuit of that regulated profession by a national of another Member State who does not fulfil the conditions laid down by the legislation of the host Member State.
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Actions against Member States for failure to fulfil obligations - Judgment of the Court declaring that the Member State had failed to fulfil its obligations - Prescribed period for compliance

(EEC Treaty, Art. 171)

Summary

The immediate and uniform implementation of Community law requires that the process of complying with a judgment must be initiated at once and must be completed as soon as possible.
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Social security for migrant workers ° Benefits ° National rules against overlapping ° Right acquired under national legislation alone ° Applicability ° Limits ° Community rules, including rules against overlapping, more favourable to the person concerned

(Regulation No 1408/71 of the Council, Arts 12(2) and 46)

Summary

Article 46 of Regulation No 1408/71 requires the competent institution of a Member State, when calculating the retirement pension due to a migrant worker, to compare the benefits which would be due under national law alone with those which would be due under Community law and to ensure that the worker receives whichever benefit is the higher.

For that purpose, the competent institution, when determining a benefit due solely under its national legislation, must apply solely the national provisions against overlapping, whereas, when determining the benefit due under Community law, the competent institution must not take account of the national rules against overlapping pursuant to Article 12(2) of Regulation No 1408/71, but, if necessary, adjust the amount of the benefit payable, pursuant to Article 46(3).
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1. Social security for migrant workers ° Unemployment ° Wholly unemployed frontier worker ° Entitlement to the benefits of the Member State of residence ° Calculation of benefits on the basis of the previous wage or salary ° Wage or salary actually received to be taken into account without applying any rule on ceilings laid down in the legislation of the Member State of employment

(Council Regulation No 1408/71, Arts 68(1) and 71(1)(a)(ii))

2. Social security for migrant workers ° Financial provisions ° Community rules on currency conversion ° Calculation of the unemployment benefits payable to wholly unemployed frontier workers ° Rules applicable before Regulation No 574/72 was amended by Regulation No 1249/92

(Council Regulation No 574/92, Art. 107)

Summary

1. Article 68(l) and Article 71(l)(a)(ii) of Regulation No 1408/71 are to be interpreted as meaning that, in the case of a frontier worker, within the meaning of Article 1(b) of that regulation, who is wholly unemployed, the competent institution of the State of residence, whose national legislation provides that the calculation of benefits should be based on the amount of the previous wage or salary, must calculate those benefits taking into account the wage or salary actually received by the worker in the last employment held by him in the Member State in which he was engaged prior to his becoming unemployed. In calculating those benefits, the institution of the State of residence may not apply to the remuneration which forms the basis for calculating those benefits the rules on ceilings laid down by the legislation of the State of employment.

2. Article 107 of Regulation No 574/72 is to be interpreted as meaning that, in order to calculate the unemployment benefits of wholly unemployed frontier workers until Regulation No 1249/92 came into force, the last remuneration received in the State of employment had to be converted in accordance with the official rate of exchange on the day of payment.
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Freedom of movement for persons ° Workers ° Treaty provisions ° Inapplicability in a situation purely internal to a Member State ° A worker who is a national of a Member State and has never exercised his right to freedom of movement ° Refusal to grant a member of his family a social security advantage granted to members of the families of migrant workers

(EEC Treaty, Art. 7 and Art. 48(2))

Summary

Articles 7 and 48(2) of the Treaty and the regulations adopted to implement those provisions are applicable only in situations which come within a field to which Community law applies, in this case that of freedom of movement for workers, and therefore cannot be applied to situations all the elements of which are purely internal to a single Member State. For that reason a member of the family of a worker who is a national of a Member State cannot rely on Community law in order to claim one of the social security advantages granted to migrant workers and members of their families, when the worker of whose family he is a member has never exercised the right to freedom of movement within the Community.
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1. Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° System of import licences ° Prohibition ° Purely formal nature of system ° No effect ° Possible justification under Article 36 ° Existence of Community provisions setting up harmonized checking procedures ° Article 36 not applicable

(EEC Treaty, Arts 30 and 36; Council Regulations Nos 805/68 and 827/68; Council Directive 77/504; Commission Decision 88/124)

2. Member States ° Obligations ° Failure ° Maintenance of a national provision incompatible with Community law ° Justification based on the existence of administrative practices ensuring Treaty applied ° Not permissible

Summary

1. Article 30 of the Treaty, the provisions of which were expressly reiterated in Regulation No 805/68 on the common organization of the market in beef and veal and Regulation No 827/68 on the common organization of the market in certain products listed in Annex II to the Treaty, precludes the application to intra-Community trade of national provisions which require, even as a pure formality, import licences or any other similar procedure. Once Community provisions have established harmonized checking procedures, the exception provided for in Article 36 of the Treaty in respect of the protection of health and life of humans and animals cannot be relied upon, even temporarily, to justify the maintenance in force of such legislation and the appropriate checks may be carried out only within the framework of the Community provisions.

2. The incompatibility of national legislation with Community provisions, even directly applicable provisions, can be permanently remedied only by legally binding national provisions having the same legal force as those which must be amended. Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State' s obligations under the Treaty.
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Freedom of movement for persons ° Freedom of establishment ° Treaty provisions ° To whom applicable ° National of a Member State working in its territory after training there ° Not included ° Residence in another Member State ° Not relevant

(EEC Treaty, Art. 52)

Summary

In the absence of any foreign element such as to enable the Treaty rules on freedom of establishment to be applied, in particular the principle of non-discrimination, Article 52 of the Treaty must be interpreted as not precluding a Member State from imposing on its nationals who, on the basis of professional qualifications and experience acquired in that State, carry on their professional activities within its territory and who earn all or almost all of their income there or possess all or almost all of their assets there a heavier tax burden if they do not reside in that State than if they do.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Rules on the transfer of reference quantities following the transfer of part of a holding ° "Areas used for milk production" ° Concept

(Commission Regulations No 1371/84, Art. 5(2), and No 1546/88, Art. 7(2))

Summary

The expression "areas used for milk production" in Article 5(2) of Regulation No 1371/84 and in Article 7(2) of Regulation No 1546/88, which in the context of the scheme imposing a levy on milk relate to the transfer of reference quantities exempt from the levy when one or more parts of a holding are transferred, must be interpreted as also comprising the yard, buildings and road areas of the holding, provided that they contribute directly or indirectly to the milk production of the holding.
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Transport ° Introduction of a common policy ° Standstill rule in Article 76 of the Treaty ° Scope ° Inland waterway transport ° Use of a Member State' s inland waterways made conditional upon possession of a master' s certificate for inland navigation issued by its authorities ° Permissibility ° Condition ° National provisions and practices not to be amended or changed in a manner unfavourable to carriers of other Member States after the entry into force of the Treaty ° Assessment by the national court

(EEC Treaty, Art. 76)

Summary

Article 76 of the Treaty, which is intended by means of a standstill clause to prevent the introduction by the Council of a common transport policy from being rendered more difficult, or from being obstructed, by the adoption, without the Council' s agreement, of national measures the direct or indirect effect of which is to alter unfavourably the situation in a Member State of carriers from other Member States in relation to national carriers, does not preclude a Member State from making navigation on its national inland waterways conditional upon the possession of a master' s certificate for inland navigation issued in accordance with national law.

It does however preclude the national legislative provisions or administrative practices governing masters' certificates for inland navigation when the Treaty entered into force from being amended or changed in a manner unfavourable to carriers of other Member States. It is for the national court to decide whether any such change has taken place.
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Environment ° Atmospheric pollution ° Directive 85/203 ° Fixing of a limit value for nitrogen dioxide concentration ° Discretion for Member States to lay down stricter values ° Exercise in border regions ° Obligation to consult and inform ° Need to transpose into national legislation

(Council Directive 85/203, Arts 4 and 11)

Summary

Under Article 4 of Directive 85/203 on air quality standards for nitrogen dioxide, Member States may fix lower values than those laid down by the Directive and must, by virtue of Article 11, satisfy certain obligations to consult and give information when they intend to use that possibility in a region near the border with one or more other Member States. In order to ensure full and effective protection of the atmosphere against excessive nitrogen dioxide concentrations in border areas, it is essential that the Member State concerned should legislate expressly for the prior consultation required by Article 11(1) of the Directive to take place before measures affecting border areas are taken, and that such legislation should provide expressly for the consultation required by Article 11(2) to take place, in cases of significant pollution originating in a neighbouring Member State.

A transposition into national law of Article 4 of the Directive therefore constitutes an incomplete implementation of the Directive if it is not accompanied by transposition of Article 11, which imposes an obligation relating to the exercise of the discretion conferred by Article 4.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Fish containing nematode larvae ° Systematic inspection of consignments certified free from live larvae or prohibition on importation of consignments inspected and found to be free from live larvae ° Justification ° Protection of public health ° Absence ° Failure to fulfil obligations under Agreement between EEC and Norway and Directive 83/643

(EEC Treaty, Arts 30 and 36; Agreement of 14 May 1973 between EEC and Norway; Council Directive 83/643)

Summary

A Member State which imposes systematic inspections on consignments of fish from other Member States that are duly accompanied by a health certificate from the State of dispatch to the effect that the product is free from live nematode larvae or which prohibits the importation of consignments of fish that are not accompanied by such a certificate, when the inspections carried out in its territory have not revealed the presence of live nematode larvae, has failed to fulfil its obligations under Articles 30 and 36 of the Treaty inasmuch as it has not been established in either case that the consumption of fish containing nematode larvae that are dead or devitalized following appropriate treatment is dangerous to human health.

Since the Agreement between the European Economic Community and the Kingdom of Norway contains, with respect to trade between the Contracting Parties, rules identical with those laid down in Articles 30 and 36 of the Treaty and there is no reason in the present case to interpret them differently from those articles of the Treaty, the national measures referred to above also constitute, with respect to consignments of fish from Norway, a failure to fulfil the obligations under Regulation No 1691/73 concluding the said Agreement and adopting provisions for its implementation.

The systematic inspection of consignments certified free from live larvae also constitutes a failure to fulfil the obligations under Directive 83/643 on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States.
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1. Approximation of laws ° Labelling of tobacco products ° Directive 89/622 ° General health warning to be featured on unit packets of products other than cigarettes ° Option for Member States to fix, in respect of their domestic production, a percentage of the surface area of unit packets to be reserved for such a warning ° Option introduced by Directive 92/41

(Council Directive 89/622, Art. 4(1) and (5), as amended by Directive 92/41)

2. Approximation of laws ° Labelling of tobacco products ° Directive 89/622 ° Specific health warning to be featured on cigarette packets ° Option for Member States to require the affixing of more than one specific warning ° No option

(Council Directive 89/622, Art. 4(2))

Summary

1. Article 4(5) of Directive 89/622 on the labelling of tobacco products, in its original version, is to be interpreted as meaning that Member States may not require that, so far as national production is concerned, on unit packets of tobacco products other than cigarette packets the general health warning referred to in Article 4(1) must cover at least 4% of the surface on which it is printed. That option is, however, permitted under the version of Article 4(5) which is laid down in Directive 92/41 amending Directive 89/622.

2. Article 4(2) of Directive 89/622 on the labelling of tobacco products requires only one specific health warning to be printed on each cigarette packet and Member States may not require more than one such warning, since the provision in question does not lay down a minimum requirement.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Remission on equitable grounds ° Application of national law ° Conditions and limits

(Council Regulation No 804/68, Art. 5c, as amended by Regulation No 856/84)

Summary

Community law as it stands at present does not preclude the application of a national provision which empowers the national authorities to waive in certain exceptional cases, on grounds of personal equity, the levy payable under Article 5c of Regulation No 804/68 on the common organization of the market in milk and milk products, as amended by Regulation No 856/84, provided that in applying that provision there is no discrimination by comparison with the manner in which equivalent, purely national fiscal debts are treated and no impairment of the objectives of the milk quota scheme introduced by the said regulation. It is not compatible with the objectives of the milk quota scheme to exempt a producer from the obligation to pay the additional levy on the ground that he is in financial difficulties, even where he has relied on the mistaken assumption that an additional quota would subsequently be allocated to him. However, where a farmer is actually in difficulty, the national authorities may in principle apply national provisions allowing them to suspend immediate collection of the amount due or to authorize payment by instalments.