ddrg/super_eurlex huggingface dataset:
3

The 12th, 13th, 16th, 19th and 20th recitals of Directive 93/13 are worded as follows: ‘Whereas, however, as they now stand, national laws allow only partial harmonisation to be envisaged; whereas, in particular, only contractual terms which have not been individually negotiated are covered by this Directive; whereas Member States should have the option, with due regard for the Treaty, to afford consumers a higher level of protection through national provisions that are more stringent than those of this Directive; Whereas the statutory or regulatory provisions of the Member States which directly or indirectly determine the terms of consumer contracts are presumed not to contain unfair terms; whereas, therefore, it does not appear to be necessary to subject [to the provisions of this Directive] the terms which reflect mandatory statutory or regulatory provisions and the principles or provisions of international conventions to which the Member States or the Community are party; whereas in that respect the wording “mandatory statutory or regulatory provisions” in Article 1(2) also covers rules which, according to the law, shall apply between the contracting parties provided that no other arrangements have been established; … Whereas the assessment, according to the general criteria chosen, of the unfair character of terms, in particular in sale or supply activities of a public nature providing collective services which take account of solidarity among users, must be supplemented by a means of making an overall evaluation of the different interests involved; whereas this constitutes the requirement of good faith; whereas, in making an assessment of good faith, particular regard shall be had to the strength of the bargaining positions of the parties, whether the consumer had an inducement to agree to the term and whether the goods or services were sold or supplied to the special order of the consumer; whereas the requirement of good faith may be satisfied by the seller or supplier where he deals fairly and equitably with the other party whose legitimate interests he has to take into account; … Whereas, for the purposes of this Directive, assessment of unfair character shall not be made of terms which describe the main subject matter of the contract nor the quality/price ratio of the goods or services supplied; whereas the main subject matter of the contract and the price/quality ratio may nevertheless be taken into account in assessing the fairness of other terms; … Whereas contracts should be drafted in plain, intelligible language, the consumer should actually be given an opportunity to examine all the terms and, if in doubt, the interpretation most favourable to the consumer should prevail’.
15

Annex III, Section II, Chapter IV, to Regulation No 853/2004, entitled ‘Slaughter hygiene’, provides: ‘Food business operators operating slaughterhouses in which poultry or lagomorphs are slaughtered must ensure compliance with the following requirements. … 2. Slaughterhouse operators must follow the instructions of the competent authority to ensure that ante-mortem inspection is carried out under suitable conditions. 3. Where establishments are approved for the slaughter of different animal species or for the handling of farmed ratites and small wild game, precautions must be taken to prevent cross contamination by separation either in time or in space of the operations carried out on the different species. Separate facilities for the reception and storage of carcases of farmed ratites slaughtered at the farm and for small wild game must be available. 4. Animals brought into the slaughter room must be slaughtered without undue delay. 5. Stunning, bleeding, skinning or plucking, evisceration and other dressing must be carried out without undue delay in such a way that contamination of the meat is avoided. In particular, measures must be taken to prevent the spillage of digestive tract contents during evisceration. 6. Slaughterhouse operators must follow the instructions of the competent authority to ensure that the post-mortem inspection is carried out under suitable conditions, and in particular that slaughtered animals can be inspected properly. 7. After post-mortem inspection: (a) parts unfit for human consumption must be removed as soon as possible from the clean sector of the establishment; (b) meat detained or declared unfit for human consumption and inedible by-products must not come into contact with meat declared fit for human consumption; and (c) viscera or parts of viscera remaining in the carcase, except for the kidneys, must be removed entirely, if possible, and as soon as possible, unless otherwise authorised by the competent authority. 8. After inspection and evisceration, slaughtered animals must be cleaned and chilled to not more than 4°C as soon as possible, unless the meat is cut while warm. 9. When carcases are subjected to an immersion chilling process, account must be taken of the following. (a) Every precaution must be taken to avoid contamination of carcases, taking into account parameters such as carcase weight, water temperature, volume and direction of water flow and chilling time. (b) Equipment must be entirely emptied, cleaned and disinfected whenever this is necessary and at least once a day. 10. Sick or suspect animals, and animals slaughtered in application of disease eradication or control programmes, must not be slaughtered in the establishment except when permitted by the competent authority. In that event, slaughter must be performed under official supervision and steps taken to prevent contamination; the premises must be cleaned and disinfected before being used again.’
3

Article 1(1)(c), (d) and (f) of Directive 2015/1535 provides: ‘For the purposes of this Directive, the following definitions apply: … (c) “technical specification” means a specification contained in a document which lays down the characteristics required of a product such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures. … (d) “other requirements” means a requirement, other than a technical specification, imposed on a product for the purpose of protecting, in particular, consumers or the environment, and which affects its life cycle after it has been placed on the market, such as conditions of use, recycling, reuse or disposal, where such conditions can significantly influence the composition or nature of the product or its marketing; … (f) “technical regulation” means technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article 7, prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider. De facto technical regulations shall include: (i) laws, regulations or administrative provisions of a Member State which refer either to technical specifications or to other requirements or to rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or to other requirements or to rules on services, compliance with which confers a presumption of conformity with the obligations imposed by the aforementioned laws, regulations or administrative provisions, (ii) voluntary agreements to which a public authority is a contracting party and which provide, in the general interest, for compliance with technical specifications or other requirements or rules on services, excluding public procurement tender specifications, (iii) specifications or other requirements or rules on services which are linked to fiscal or financial measures affecting the consumption of products or services by encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national social security systems are not included. This comprises technical regulations imposed by the authorities designated by the Member States and appearing on a list drawn up and updated, where appropriate, by the Commission in the framework of the Committee referred to in Article 2. The same procedure shall be used for amending this list’.
14

Article 58 of Regulation No 651/2014, headed ‘Transitional provisions’ states as follows: ‘1. This Regulation shall apply to individual aid granted before its entry into force, if the aid fulfils all the conditions laid down in this Regulation, with the exception of Article 9. 2. Any aid not exempted from the notification requirement of Article 108(3) [TFEU] by virtue of this Regulation or other regulations adopted pursuant to Article 1 of Regulation [No 994/98] previously in force shall be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices. 3. Any individual aid granted before 1 January 2015 by virtue of any regulation adopted pursuant to Article 1 of Regulation [No 994/98] in force at the time of granting the aid shall be compatible with the internal market and exempted from the notification requirement of Article 108(3) [TFEU] with the exclusion of regional aid. Risk capital aid schemes in favour of [small and medium-sized enterprises (SMEs)] set up before 1 July 2014 and exempted from the notification requirement of Article 108(3) [TFEU] under Regulation [No 800/2008], shall remain exempted and compatible with the internal market until the termination of the funding agreement, provided the commitment of the public funding into the supported private equity investment fund, on the basis of such agreement, was made before 1 January 2015 and the other conditions for exemption remain fulfilled. 4. At the end of the period of validity of this Regulation, any aid schemes exempted under this Regulation shall remain exempted during an adjustment period of six months, with the exception of regional aid schemes. The exemption of regional aid schemes shall expire on the date of expiry of the approved regional aid maps. The exemption of risk finance aid exempted pursuant to Article 21(2)(a) shall expire at the end of the period foreseen in the funding agreement, provided the commitment of public funding to the supported private equity investment fund was made on the basis of such agreement within 6 months from the end of the period of validity of this Regulation and all other conditions for exemption remain fulfilled.’
1.

Declares that, by failing, within the prescribed time limit, to inform and consult the public relating to the revision and updating of the river basin management plans for Lanzarote, Fuerteventura, Gran Canaria, Tenerife, La Gomera, La Palma and El Hierro, and by failing, within the prescribed time limit, to adopt, publish and communicate to the European Commission the revision and updating of those management plans, the Kingdom of Spain has failed to fulfil the its obligations under Article 13(7), read in conjunction with Article 13(1), and Article 14 and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, as amended by Council Directive 2013/64/EU of 17 December 2013.
2.

Orders River Kwai International Food Industry Co. Ltd to bear its own costs and to pay those incurred by the Association européenne des transformateurs de maïs doux (AETMD) and by the Council of the European Union;
2.

Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Commission decision, addressed to a national regulatory authority, asking it to amend a decision derogating from EU rules governing the operating conditions of a gas pipeline — Discretion of the national regulatory authority responsible for implementing it — Characterisation — Not directly concerned — Inadmissibility
1.

Declares that by refusing to make available traditional own resources amounting to EUR 2 120 309.50, referred to in the write-off notice IT(07)08‑917, the Italian Republic has failed to fulfil its obligations under Article 8 of Council Decision 94/728/EC, Euratom of 31 October 1994, on the system of the European Communities’ own resources, Article 8 of Council Decision 2000/597/EC, Euratom of 29 September 2000, on the system of the European Communities’ own resources, Article 8 of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources and Article 8 of Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union, and Articles 10, 11 and Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources, Articles 10, 11 and 17 Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, and Articles 10, 12 and 13 Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements;
Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 55)
17

In those circumstances, the Labour Court (Ireland) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Does it constitute indirect discrimination on grounds of age, within the meaning of Article 2(b) of Directive 2000/78/EC, for a Member State, in its capacity as an employer, to introduce lower salary scales for new entrants to the profession of national teacher while leaving unaltered the pay of those teachers already in employment, where: (a) the revised salary scales and the existing salary scales apply to all teachers in the respective categories regardless of their age; (b) at the point at which they were recruited and placed on the respective scales there was no difference in the age profile of those in the higher paid group and those in the lower paid group; (c) the introduction of the revised scales has resulted in a substantial difference in pay as between two groups of teachers who are engaged in work of equal value; (d) the average age of those placed on the reduced salary scales is lower than that of the average age of those on the original salary scales; (e) at the point at which the lower salary scales were introduced, the State’s statistics showed that 70% of teachers appointed were 25 years of age or under and it was acknowledged that this was typical of the age profile of entrants to national teaching in any given year; and (f) national teachers who entered the profession in 2011 and later suffer a clear financial disadvantage in comparison to their teaching colleagues appointed prior to 2011. (2) If the answer to question 1 is in the affirmative, can the introduction of the lower salary scales be objectively justified by a requirement to achieve a medium- to long-term structural reduction in the cost of the public service, having regard to budgetary constraints facing the State and/or the importance of maintaining good industrial relations with existing civil and public servants? (3) Would the answer to question 2 be different if the State could have achieved equivalent savings by reducing the pay of all teachers by a significantly lesser amount than the reduction applied only to newly recruited teachers? (4) Would the answer to questions 2 or 3 be different if the decision not to reduce the salary scales applicable to teachers already in employment was taken in compliance with a collective agreement between the Government as an employer and the trade unions representing public service workers whereby the Government committed not to further reduce the pay of existing public servants who had already been subject to pay cuts and the industrial relations consequences that would flow from a failure to comply with that agreement, having regard to the fact that the new pay scale introduced in 2011 did not form part of such a collective agreement?’
28

Secondly, even though matters such as the duration of the lease granted and the procedure agreed for terminating it must be taken into account in the overall assessment of the transfer of the assets for the purposes of the first paragraph of Article 19 of the VAT Directive, the fact remains that neither the length of the lease nor the possibility of terminating it on short notice decisively support of themselves the inference that the transferee intended immediately to liquidate the business, or the part of the undertaking, transferred (see, to that effect, judgment of 10 November 2011, Schriever, C‑444/10, EU:C:2011:724, paragraphs 42 and 43). However, since, in the present case, as is apparent from the previous paragraph, the lessee of Apcom Select could not in any event liquidate the economic activity concerned, the fact that the application of the first paragraph of Article 19 of the VAT Directive cannot be refused solely on the basis of one of those grounds (see, to that effect, judgment of 10 November 2011, Schriever, C‑444/10, EU:C:2011:724, paragraphs 42 to 44) is irrelevant for the classification of the transaction at issue in the main proceedings in the light of that provision.
7

Article 4(1) to (4) of the decision, entitled ‘Communication by the Office through the User Area’, provides: ‘(1) Once the user has activated the option that the Office communicates with him electronically, all electronically available official notifications from the Office to the user will in principle be made via the electronic platform. (2) Users have the option of additionally receiving an alert for each notification sent to them through the platform. The alert serves only to inform the parties that a document has been placed in their inbox and does not constitute a notification or has any other legal value whatsoever. (3) The date on which the document is placed in a user’s Inbox will be recorded by the Office and mentioned in the User Area. (4) Without prejudice to accurately establishing the date of notification, notification will be deemed to have taken place on the fifth calendar day following the day on which the Office placed the document in the user’s Inbox.’
6

The right to correct the amount of the tax in the event of debts owed by debtors in insolvency proceedings was introduced into Law No 235/2004 on value added tax by Law No 47/2011 (‘the Law on VAT’), the recitals of which state: ‘This introduces a new possibility of correcting the amount of output tax in the case of debts owed by debtors (buyers) which are subject to insolvency proceedings, as a result of negative economic developments. The present proposal is an active response to the current economic situation and constitutes an anti-crisis measure to help companies whose cash-flow is reduced by irrecoverable debts owed by companies in insolvency. Due to the impact of the global financial crisis, there are an increasing number of companies which are in insolvency proceedings and which are no longer able to meet their obligations towards their creditors (suppliers). Many suppliers (creditors) are no longer able to recover fully the debts owed to them by purchasers (debtors). This has a negative effect on the economic situation of previously “viable” companies. On the basis of this provision, the creditor (supplier) will therefore have the right to correct the amount of the output tax if the purchaser (debtor) has not paid for the goods delivered or the service provided, and if the insolvency court has initiated insolvency proceedings against the purchaser. … The proposal is fully compatible with Articles 90 and 185 of [Directive 2006/112]. Similar legislation is applicable in at least 12 EU Member States. That scheme is implemented, in different forms, in the following Member States: Belgium, Luxembourg, Denmark, Germany, France, Portugal, Ireland, Austria, Italy, Greece, Latvia and the United Kingdom.’
3. A multifunctional apparatus (so-called ‘multimedia centre for motor vehicles’) of a kind used in motor vehicles. It combines, in the same housing, a reception apparatus for radio-broadcasting, a sound and a video reproducing apparatus, a radio navigational apparatus and a colour liquid crystal display (LCD) with a diagonal measurement of the screen of approximately 18 cm (7 inches) and an aspect ratio of 16:9. The apparatus is equipped with connectors enabling the reception of video signals from external sources such as a rear-view camera or a DVB-T tuner. The apparatus can also reproduce sound and images from a memory card. The apparatus is presented with two remote controls. An additional display can be connected to the apparatus.

8528 59 70
17

Vega International then brought an appeal on a point of law against that judgment before the Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland). That court, like the Polish tax authorities and the court of first instance, considered the possibility, in the present case, of applying the principles laid down by the Court of Justice in its judgment of 6 February 2003, Auto Lease Holland (C‑185/01, EU:C:2003:73), according to which a fuel management agreement is not a contract for the supply of fuel, but rather a contract to finance its purchase. According to the findings of the Court in the case giving rise to that judgment, the leasing company does not purchase the fuel in order subsequently to resell it to the lessee; it is the lessee who has a free choice as to the quality and quantity, as well as the date of purchase of the fuel and thus disposes of that fuel as if it were the owner.