larimo/cjeu-paragraph-retrieval huggingface dataset:
Detlef Nölle, trading as "Eugen Nölle" v Hauptzollamt Bremen-Freihafen.
Date: 1991-10-22
10 First of all it should be stressed that the aim of Article 2(5) of the basic regulation is to prevent account being taken of prices and costs in non-market-economy countries, that is to say, which are not the normal result of market forces (see the judgment in Joined Cases C-305/86 and C-160/87 Neotype Techmashexport v Commission and Council [1990] ECR I-2945).
11 It should also be remembered that the choice of reference country is a matter falling within the discretion enjoyed by the institutions in analysing complex economic situations.
12 However, the exercise of that discretion is not excluded from review by the Court. The Court has consistently held that in the context of such a review it will verify whether the relevant procedural rules have been complied with, whether the facts on which the choice is based have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers (judgments in Case 240/84 NTN Toyo Bearing Company Limited and Others v Council [1987] ECR 1809 and Case 258/84 Nippon Seiko KK v Council [1987] ECR 1923).
13 As regards in particular the choice of reference country it is desirable to verify whether the institutions neglected to take account of essential factors for the purpose of establishing the appropriate nature of the country chosen and whether the information contained in the documents in the case were considered with all the care required for the view to be taken that the normal value was determined in an appropriate and not unreasonable manner.
20 It should be recalled that according in particular to paragraph 31 of the judgment in Joined Cases C-305/86 and C-160/87 Neotype, cited above, the size of the domestic market is not in principle a factor capable of being taken into consideration in the choice of a reference country under Article 2(5) of the basic regulation in so far as, during the period of the investigation, there is a sufficient number of transactions to ensure the representative nature of the market in relation to the exports in question. In this respect it should be borne in mind that in paragraphs 12 and 13 of the judgment in Case 250/85 Brother Industries v Council [1988] ECR 5683, the Court rejected a challenge to the institutions' practice of fixing the minimum level of representativity of the domestic market, for the purpose of calculating the normal value, at 5% of the exports in question.
35 In view of all the circumstances set out above it appears, on the one hand, that various factors known to the institutions were in any event such as to raise doubts as to the appropriateness of Sri Lanka as a reference country and, on the other hand, that the institutions did not make a serious or sufficient attempt to determine whether Taiwan could be considered as an appropriate reference country.
Pinaud Wieger Spedition GmbH v Bundesanstalt für den Güterfernverkehr.
Date: 1991-11-07
7 It should be borne in mind first of all that, according to Article 61(1) of the Treaty, freedom to provide services in the field of transport is to be governed by the provisions of the Title relating to transport. As the Court stated in its judgment in Case 13/83 Parliament v Council [1985] ECR 1513, paragraph 62, application of the principles governing freedom to provide services, as established in particular by Articles 59 and 60 of the treaty, must be achieved, according to the Treaty, by introducing a common transport policy.
11 In view of the complexity of the cabotage sector, considerable difficulties still stand in the way of the achievement of freedom to provide services in that sphere. This can be done in an orderly fashion only in the context of a common transport policy which takes into consideration the economic, social and ecological problems and ensures equality in the conditions of competition.
French Republic v Commission of the European Communities.
Date: 1991-11-13
8 As the Court has consistently held, an action for annulment is available as against all provisions taken by the institutions, whatever their nature and form, which aim to produce legal effects (judgment in Case 22/70 Commission v Council [1971] ECR 263).
Aliments Morvan SARL v Directeur des services fiscaux du Finistère.
Date: 1991-11-19
9 In that respect, it should be observed that, as the Court has already held, in particular in the judgment in Joined Cases 36/80 and 71/80 Irish Creamery Milk Suppliers Association v Ireland [1981] ECR 735, paragraph 20, the essential aim of the machinery of a common organization of the market such as that for cereals is to achieve price levels at the production and wholesale stages which take into account both the interests of Community production as a whole in the relevant sector and those of consumers, and which guarantee market supplies without encouraging over-production.
10 The Court also held in that judgment that those aims might be jeopardized by national measures which have an appreciable influence on price levels on the market. In the case of a charge imposed on certain agricultural products, the risk of such influence depends not only on its rate and the period for which it is in force, but equally on the situation on the market in question and, as regards supplies, above all on how general its effect is, that is to say, the number of agricultural products to which it applies. A short-term duty on a large number of products may be neutral in the sense that it does not alter the structure of agricultural production. On the other hand, if the duty encourages producers to replace some of the production of the goods subject to the duty by production of other goods not subject thereto, the duty is liable to create distortion on a number of markets.
11 With regard to the charge which forms the subject-matter of the main proceedings, it appears from the documents before the Court that it was introduced in 1953 and that it is levied on only three types of cereals, namely wheat, barley and maize, in other words a very limited number of agricultural products.
Technische Universität München v Hauptzollamt München-Mitte.
Date: 1991-11-21
14 However, where the Community institutions have such a power of appraisal, respect for the rights guaranteed by the Community legal order in administrative procedures is of even more fundamental importance. Those guarantees include, in particular, the duty of the competent institution to examine carefully and impartially all the relevant aspects of the individual case, the right of the person concerned to make his views known and to have an adequately reasoned decision. Only in this way can the Court verify whether the factual and legal elements upon which the exercise of the power of appraisal depends were present.
27 In the instant case, it must be stated that the Commission' s decision does not contain a sufficient statement of the scientific reasons capable of justifying the conclusion that the instrument manufactured in the Community is equivalent to the imported instrument. The disputed decision merely reproduces the wording of one of the Commission' s previous decisions, Decision 82/86/EEC of 23 December 1981 (Official Journal 1982 L 41, p. 33). It is therefore impossible for the person concerned to ascertain whether the decision is vitiated by an error of appraisal. The decision does not therefore satisfy the requirements laid down by Article 190 of the Treaty.
Union de Recouvrement des Cotisations de Sécurité Sociale et d'Allocations Familiales de la Savoie (URSSAF) v Hostellerie Le Manoir SARL.
Date: 1991-11-21
10 Lastly, it should be observed that, as the Court has consistently held, the principle of equal treatment laid down in Article 48 of the Treaty and Article 7 of Regulation No 1612/68 prohibits not only overt discrimination based on nationality but all covert forms of discrimination which, by applying other distinguishing criteria, in fact achieve the same result (see the judgment in Case 33/88 Allué and Coonan v Università degli Studi di Venezia [1989] ECR 1591).
11 In that regard, it must be observed that, although the national rules referred to in the main proceedings are not overtly based on the criterion of nationality, they affect essentially trainee workers who are nationals of other Member States. This is because the vast majority of persons who, as part of vocational training provided by an educational establishment, undertake a practical traineeship as workers, come under the national education system of their State of origin.
Meico-Fell v Hauptzollamt Darmstadt.
Date: 1991-11-27
9 It appears from the context in which that provision was adopted that the expression "an act that could give rise to criminal court proceedings" means acts which, under the legal system of the Member States whose competent authorities are seeking the post-clearance recovery of duties, may be classified as offences under national criminal law.
11 The meaning thus given to the expression "an act that could give rise to criminal court proceedings" meets the requirements of legal certainty. The punishment of specific conduct by a criminal sanction constitutes a clear criterion which ensures that the application of the provision in question will be clear, both for the economic agent accused of such conduct and for the authorities which must take recovery action. That requirement for legal certainty is particularly important when, as in this case, rules are involved which entail financial consequences for economic agents.
Groupement des Industries des Matériels d'Equipement Electrique et de l'Electronique Industrielle Associée (Gimelec) and others v Commission of the European Communities.
Date: 1991-11-27
17 It should be pointed out that in accordance with Article 4(2) of the basic regulation the examination of injury must take account of a whole series of factors, and no single factor can in itself be decisive (see the judgment in Joined Cases C-305/86 and C-160/87 Neotype Techmashexport [1990] ECR I-2945, paragraph 50).
41 That argument is unfounded. In fact the Commission mentioned by name at point 5 of the contested decision the Community producers at whose premises it carried out inspections. That description also makes it possible to identify those Community producers referred to at points 15 to 17 of the contested decision regarding the examination of the Community producers' selling prices and profits. In those circumstances the Commission' s statement of reasons meets the requirements of Article 190 of the Treaty as defined in the Court' s consistent case-law, according to which the statement of the reasons on which a measure is based must disclose clearly and unequivocally the reasoning followed by the authority concerned in such a way as to make the persons concerned aware of the reasons involved, to enable them to defend their rights and the Court to exercise its supervisory jurisdiction (see, most recently, the judgment in Case C-69/89 Nakajima All Precision [1991] ECR I-2069, paragraph 14).
Annegret Bleis v Ministère de l'Education Nationale.
Date: 1991-11-27
6 It should be pointed out in that respect that, according to the consistent case-law of the Court (see, inter alia, Case 149/79 Commission v Belgium [1980] ECR 3881, paragraph 10; Case 149/79 Commission v Belgium [1982] ECR 1845, paragraph 7; Case 225/85 Commission v Italy [1987] ECR 2625, paragraph 9), employment in the public service for the purposes of Article 48(4), which is excluded from the ambit of Article 48(1) to (3), must be understood as meaning a series of posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities and which, because of that fact, presume on the part of those occupying them the existence of a special relationship of allegiance to the State and reciprocity of rights and duties which form the foundation of the bond of nationality. The only posts excluded are those which, having regard to the tasks and responsibilities involved, are apt to display the characteristics of the specific activities of the public service in the spheres described above.
7 The Court has already considered that those very strict conditions are not fulfilled in the case of trainee teachers (Case 66/85 Lawrie-Blum v Land Baden-Wuerttemberg [1986] 2121) and foreign-language assistants (Case 33/88 Allué and Another v Università degli studi di Venezia [1989] ECR 1591). The same applies with regard to employment as a secondary school teacher.
Bureau Européen des Unions de Consommateurs v Commission of the European Communities.
Date: 1991-11-28
9 The Commission submits that the BEUC' s application is inadmissible. In its view its telefaxed letter of 15 March 1989 does not constitute a decision which may be the subject of an action under Article 173 of the EEC Treaty, in so far as it merely informs the applicant of its legal position under Article 7(4)(a) of the basic anti-dumping regulation and does not alter its position in any way. The letter does not produce any legal effect and constitutes a mere opinion which Article 173 of the EEC Treaty expressly excludes from the measures which are subject to review by the Court.
10 The BEUC, on the other hand, maintains that the Commission has a discretion concerning access to the non-confidential file. Its refusal to exercise that discretion in favour of the BEUC therefore constituted a decision and not merely an explanation of the legal position. In its view, the wording of Article 7(4)(a) does not prevent organizations such as the BEUC from consulting the non-confidential file.
11 It must be pointed out that, inasmuch as the letter refuses the BEUC access to the non-confidential file, it constitutes not merely a communication but a decision which adversely affects the interests of the BEUC. The Commission' s letter must therefore be regarded as an act adversely affecting the BEUC which may be the subject of an action under Article 173 of the EEC Treaty.
Giacomo Durighello v Istituto Nazionale Della Previdenza Sociale.
Date: 1991-11-28
8 On the first point, the Court has consistently held (see, inter alia, the judgment in Case C-368/89 Crispoltoni v Fattoria Autonoma Tabacchi di Città di Castello [1991] ECR I-3695, at paragraph 10) that it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court.
9 A request from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought bears no relation to the actual nature of the case or to the subject-matter of the main action (see, inter alia, the judgments in Case 126/80 Salonia v Poldomani and Giglio [1981] ECR 1563 at paragraph 6, and in Crispoltoni, mentioned above, at paragraph 11). That is not so in the present case.
10 As to the second point, the Court has held that, whereas it is not for the Court, in the context of Article 177 of the Treaty, to rule on the compatibility of a national law with Community law, it does have jurisdiction to provide the national court with all the elements of interpretation under Community law to enable it to assess that compatibility for the purpose of deciding the case before it (see, inter alia, the judgment in Case 369/89 Piageme v BVBA Peeters [1991] ECR I-2971, at paragraph 7).
Substance
14 However, the Court has consistently held that the regulations concerning social security for migrant workers did not set up a common scheme of social security, but allowed different schemes to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by Community law (see, inter alia, the judgment in Case 100/78 Rossi v Caisse de Compensations pour Allocations Familiales [1979] ECR 831 at paragraph 13).
15 Moreover, according to the settled case-law of the Court (see, inter alia, judgments in Case 24/75 Petroni v ONPTS [1975] ECR 1149, at paragraph 13 and in Case C-302/90 CAAMI v Faux [1991] ECR 4875, at paragraph 27), the aim of Articles 48 to 51 would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose advantages in the field of social security guaranteed to them in any event by the laws of a single Member State.
Jeen Lolkes Posthumus v Rinze and Anne Oosterwoud.
Date: 1991-12-06
9 A comparison of the various language versions of point 2 of the first paragraph of Article 7 of Regulation No 1546/88 shows that Member States are indeed free to lay down different criteria, provided that they are objective concerning the distribution of reference quantities corresponding to holdings only a part of which is the subject of a transfer, but that, where they have made no use of that option or have not implemented Article 7(4) of Regulation No 857/84, that distribution must be effected strictly in proportion to the size of the areas of the respective holding in question which are used for milk production, including those with buildings, without it being possible to take account of the extent to which the various areas have contributed to the total milk production of the holding.
10 That interpretation, based on the wording of the provision in question, is in conformity with its purpose. The aim of point 2 of the first paragraph of Article 7 of Regulation 1546/88 is, save in the case of express derogations by Member States, that there should be laid down, in order to ensure both legal certainty and the effectiveness of the system, clear and precise rules the application of which by the national authorities does not presuppose on their part the exercise of any power of discretion.
Commission of the European Communities v Hellenic Republic.
Date: 1991-12-10
7 In that respect, it should be pointed out that experts' reports regarding traffic accidents are not binding on the courts. They leave the discretion of the judicial authority and the free exercise of judicial power intact. The activity in question cannot therefore be regarded as participating in the exercise of official authority within the meaning of Article 55 of the EEC Treaty (see, with regard to the activities typical of the profession of avocat, the judgment in Case 2/74 Reyners v Belgian State [1974] ECR 631, paragraphs 52 and 53).
8 It should further be pointed out that, as the Court has consistently held (see, inter alia, judgment in Case 237/84 Commission v Belgium [1986] ECR 1247, paragraph 17), the objective scope of rules of Community law can be derived only from those rules themselves, having regard to their context. It cannot therefore be affected by a statement such as that referred to by Greece.
The obligation to designate authorities or bodies, pursuant to Articles 4(6) and 7(4) of the directive
19 It should be pointed out in that respect that the directive is aimed at creating rights for individuals and that, as the Court has consistently held, implementing measures must in that case not only be binding on the public authorities in question, but also enable the beneficiaries to ascertain the full extent of their rights and to rely on them, where necessary, before the national courts (see, in particular, judgment in Case C-58/89 Commission v Germany [1991] ECR I-4983, paragraph 23).
Commission of the European Communities v Italian Republic.
Date: 1991-12-13
18 It must be pointed out in that regard, as the Court ruled in paragraph 30 of its judgment in Case 272/86 Commission v Greece [1988] ECR 4875, that the Member States are under a duty, by virtue of Article 5 of the EEC Treaty, to facilitate the achievement of the Commission' s tasks, which consist in particular, pursuant to Article 155 of the EEC Treaty, in ensuring that the provisions of the Treaty and the measures taken by the institutions pursuant thereto are applied. For the achievement of such a task, it is vital that the Commission should be fully informed of the measures adopted by Member States for the implementation of the provisions in question.
24 That argument cannot be accepted. The fact that a Member State has conferred on its regions the responsibility for giving effect to directives cannot have any bearing on the application of Article 169. The Court has consistently held that a Member State cannot plead conditions existing within its own legal system in order to justify its failure to comply with obligations and time-limits resulting from Community directives. While each Member State may be free to allocate areas of internal legal competence as it sees fit, the fact still remains that it alone is responsible towards the Community under Article 169 for compliance with obligations arising under Community law.
27 It must for that reason be held that since the Campania Region has not drawn up plans covering in particular the type and quantity of waste to be disposed of, the general technical requirements, suitable disposal sites and any special arrangements for particular wastes, and has not drawn up and kept up to date plans for the disposal of toxic and dangerous waste, the Italian Republic has failed to fulfil its obligations under Article 6 of Council Directive 75/442 of 15 July 1975 on waste and under Article 12(1) of Council Directive 78/319 of 20 March 1978 on toxic and dangerous waste.
Criminal proceedings against Mario Nijs and Transport Vanschoonbeek-Matterne NV.
Date: 1991-12-13
13 It therefore follows from the context of the provision in question and from the purpose of the rules of which it forms a part that effective monitoring requires the driver to produce such a sheet for the last driving day of the last week in which he drove prior to the inspection, particularly in order that compliance with the compulsory weekly rest period can be checked. If the driver was not driving in the week prior to that in which the inspection took place, or if he was not driving on the last calendar day or the last working day of the last week in which he was driving, the objectives of the rules in question do not require him to produce the record sheet for those respective periods.