larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v Hellenic Republic.
Date: 1989-09-21
17 It must be recalled that, as is apparent from the judgment of 20 March 1986 in Case 303/84 Commission v Federal Republic of Germany (( 1986 )) ECR 1171, there is an inseparable link between the obligation to establish the Community' s own resources, the obligation to credit them to the Commission' s account within the prescribed time-limit and the obligation to pay default interest . It is apparent from the same judgment that the interest is payable "regardless of the reason for the delay in making the entry in the Commission' s account ".
19 The Commission' s second submission must therefore be upheld .
The third submission
20 The Commission claims that the Greek authorities took no action to recover the agricultural levies not collected when the Yugoslav maize was imported into Greece and that they thus failed to fulfil the obligations incumbent on them under Council Regulation No 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties ( Official Journal 1979, L 197, p . 1 ).
23 It should be observed that where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law .
24 For that purpose, whilst the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive .
25 Moreover, the national authorities must proceed, with respect to infringements of Community law, with the same diligence as that which they bring to bear in implementing corresponding national laws .
C. C. van de Bijl v Staatssecretaris van Economische Zaken.
Date: 1989-09-27
18 It follows from the objectives and the scheme of the directive, as also from the wording itself of Article 3, that the directive was designed to make recognition, by a Member State which regulates the activity in question, of the exercise of that activity in another Member State conditional on the fact that such exercise was genuine and real and that it took place over a given number of consecutive years, that is to say, without any interruption other than that resulting from the events of everyday life .
22 The host Member State which imposes such conditions is therefore, in principle, bound by the declarations contained in the certificate issued by the Member State from which the beneficiary comes, as that certificate would otherwise be deprived of its effectiveness .
23 In particular, the host Member State may not call in question the accuracy of particulars provided by the competent authority in the Member State from which the beneficiary comes concerning the activities in which that person was there engaged or their duration .
24 Where there are objective factors which lead the host State to consider that the certificate produced contains manifest inaccuracies, that State may, if it so wishes, approach the Member State from which the beneficiary comes with a view to requesting additional information .
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1989-10-05
8 The Court has consistently held that an application must be founded on the same grounds and submissions as the reasoned opinion ( see the judgment of 15 December 1982 in Case 211/81 Commission v Denmark (( 1982 )) ECR 4547, in particular paragraph 14 ).
11 That argument cannot by itself provide grounds for a declaration that a Member State has failed to fulfil its obligations; in proceedings brought under Article 169 of the Treaty the Commission is required to prove the allegation that the obligation has not been fulfilled and may not rely on any presumption ( see the judgment of the Court of 25 May 1982 in Case 96/81 Commission v Kingdom of the Netherlands (( 1982 )) ECR 1791, in particular paragraph 6 ).
12 Since the Commission may not rely solely on presumptions to support its submission, consideration must be given to the question whether, in support of its application, it has adduced facts proving that the Kingdom of the Netherlands did not decide in good time to prohibit fishing for certain stocks of fish during the period in question .
13 As far as the years 1983 and 1984 are concerned, the Commission' s evidence is limited to giving the total quantities caught by stock . It is common ground that those figures include both catches made before the adoption of the decisions to prohibit fishing and illegal catches made after the adoption of those decisions . Since the Commission has not specified the total volume of catches taken by the time of the adoption of the decisions or of those taken by the time of the entry into force of those decisions upon their publication in the Staatscourant, it is impossible for the Court to determine whether the established breaches of quotas were due to the late prohibition of fishing or to illegal catches . Consequently, it must be concluded that the Commission has not proved that the Netherlands decided too late to prohibit fishing in 1983 and 1984 .
Carmen Palmerini, née Atala v Commission of the European Communities.
Date: 1989-10-10
9 It should be pointed out, that, in regard to the matter in dispute, according to established case-law of the Court, reaffirmed inter alia in the judgment of 31 May 1988 in Case 211/87 Nuñez v Commission (( 1988 )) ECR 2791, the object of granting an expatriation allowance is to compensate officials for the extra expense and inconvenience of taking up employment with the Communities and being thereby obliged to change their residence and move to the country of employment and to integrate themselves in their new environment . Furthermore, the concept of expatriation also depends on the personal position of an official, that is to say on the extent to which he is integrated in his new environment, which is demonstrated, for example, by habitual residence or by the main occupation pursued ( see the judgment of 2 May 1985 in Case 246/83 De Angelis v Commission (( 1985 )) ECR 1253 ).
Criminal proceedings against H. F. M. Nijman.
Date: 1989-11-07
11 As to whether the national legislation meets the requirements of Articles 30 to 36 of the Treaty, it must first be borne in mind that those provisions apply without distinction to products originating in the Community and to those admitted into free circulation in any of the Member States, whatever the real origin of such products . It is therefore subject to those reservations that Articles 30 to 36 of the Treaty apply to the product "Improsol ".
12 In the present case, the prohibition, enforced by penalties in criminal law, of selling, storing or using any plant-protection product not authorized by a national law is capable of affecting imports from other Member States where the same product is admitted wholly or in part and thus of constituting a barrier to intra-Community trade . Such rules therefore constitute a measure having an effect equivalent to a quantitative restriction .
13 However, it is undisputed that plant-protection products present significant risks to the health of humans and animals and to the environment, as the Court has held in relation to pesticides ( see the judgments of 19 September 1984 in Case 94/83 Albert Heijn BV (( 1984 )) ECR 3263, paragraph 13, and of 13 March 1986 in Case 54/85 Ministère public v Xavier Mirepoix (( 1986 )) ECR 1067, paragraph 13 ). Those risks are also recognized in the fourth recital in the preamble to Directive 79/117/EEC, according to which "the effects of these plant-protection products may not be wholly favourable for plant production ... since, in the main, they are toxic substances or preparations having dangerous effects ".
Marilena Bonazzi-Bertottilli and others v Commission of the European Communities.
Date: 1989-11-09
17 It is clear from that provision that the Community institution is under no other obligation than to convert into years of pensionable service to be credited under its own scheme the amount of the actuarial equivalent calculated by the institution administering the previous pension scheme on the basis of the rights acquired under that scheme . The method of calculating that amount is a matter solely for the national or international authority administering the pension scheme to which the official was affiliated prior to entering the service of the Communities .
20 In the present case, when calculating the number of years of pensionable service to be credited for the purposes of the Community pension the Commission could only take as its basis the amount of the actuarial equivalent notified by the INPS, and it had, in that regard, no power to contest the method by which that amount had been determined; the Italian courts have exclusive jurisdiction to deal with such a dispute, and it is for the persons concerned alone to bring proceedings before those courts in the manner prescribed under the applicable national law .
Kingdom of Spain and French Republic v Commission of the European Communities.
Date: 1989-11-14
14 In order to determine whether the Commission was competent to adopt the contested regulation on the basis of that provision, regard must first be had to the fact that, as the Court has held ( see judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle fuer Getreide und Futtermittel v Koester (( 1970 )) ECR 1161, paragraph 16 ), provisions conferring executive authority must be interpreted in the light of the scheme and objectives both of those provisions and of the rules as a whole .
Hellenic Republic v Commission of the European Communities.
Date: 1989-11-14
12 It must be pointed out first of all that as the Court has consistently held ( see, most recently, the judgment of 30 September 1987 in Case 12/86 Demirel v Stadt Schwaebish Gmuend (( 1987 )) ECR 3719, paragraph 7 ), the provisions of an agreement concluded by the Council under Articles 228 and 238 of the Treaty form, as from the entry into force of the agreement, an integral part of the Community legal system .
13 For the attainment of the objectives laid down by the EEC-Turkey Association Agreement and in the circumstances provided for by that agreement, Article 22 thereof confers a power of decision on the Association Council . With regard to Decision No 2/80, the Court has already held in its judgment of 27 September 1988 in Case 204/86 Hellenic Republic v Council (( 1988 )) ECR 5323, paragraph 20 that, by providing for cooperation with regard to "... the implementation of the aid ... made available to Turkey", the Association Council placed that aid within the institutional framework of the Association . Since it is directly connected with the Association Agreement, Decision No 2/80 forms, from its entry into force, an integral part of the Community legal system .
Commission of the European Communities v Council of the European Communities.
Date: 1989-11-16
7 It should be noted at the outset that in the context of the organization of the powers of the Community, the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review ( judgment of 26 March 1987 in Case 45/86 Commission v Council (( 1987 )) ECR 1493, paragraph 11 ).
10As the Court has held in its judgments of 23 February 1988 in Cases 68/86 and 131/86 United Kingdom v Council (( 1988/))ECR 855 and 905 respectively, Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty . There is no need to have recourse to Article 100 of the Treaty where such legislation involves the harmonization of provisions of national law in that field .
11In the same judgments the Court pointed out that Article 38(2 ) of the Treaty gives precedence to specific provisions in the agricultural field over general provisions relating to the establishment of the common market and that consequently, even where the legislation in question is directed both to objectives of agricultural policy and to other objectives which, in the absence of specific provisions, are pursued on the basis of Article 100 of the Treaty, that article, a general one under which directives may be adopted for the approximation of the laws of the Member States, cannot be relied on as a ground for restricting the field of application of Article 43 of the Treaty .
28 It must further be pointed out that the mere fact that the contested directive also concerns imports into the Community does not suffice to make Article 113 applicable . It is apparent from Article 40(3 ) of the Treaty that measures taken in the context of the common agricultural policy may also affect importation and exportation of the products concerned .
Usines coopératives de déshydratation du Vexin and others v Commission of the European Communities.
Date: 1989-11-21
12 It must be emphasized that a regulation suspending advance fixing affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension ( judgment of 25 March 1982 in Case 45/81 Alexander Moksel Import-Export GmbH & Co . Handels KG v Commission (( 1982 )) ECR 1129, paragraph 17; judgment of 27 October 1983 in Case 276/82 Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel (( 1983 )) ECR 3331, paragraph 16 ). In the present case, it was not impossible that applications for certificates with advance fixing might be lodged during the period for which advance fixing was suspended . The fear that a further reduction of the aid might take place in August might have prompted producers to lodge applications for advance fixing at the beginning of July . Moreover, if the Commission' s intention had been, as the applicants claim, to preclude the issue only of certificates for which applications were pending, it could have suspended advance fixing merely from the period from 1 to 5 July instead of suspending it from 1 to 7 July, as it did .
Kommanditgesellschaft in Firma Eau de Cologne & Parfümerie-Fabrik, Glockengasse n. 4711 v Provide Srl.
Date: 1989-11-23
12 Those objections must be dismissed . First, the documents before the Court do not allow any doubt as to the genuineness of the dispute in the main proceedings or, therefore, the propriety of the request for a preliminary ruling . Secondly, the Court has consistently held ( see, in particular, its judgment of 9 October 1984 in Joined Cases 91 and 127/83 Heineken Brouwerijen BV v Inspecteurs der Vennootschapsbelasting, Amsterdam and Utrecht (( 1984 )) ECR 3435 ) that, when ruling on questions intended to permit the national court to determine whether national provisions are in accordance with Community law, the Court may provide the criteria for the interpretation of Community law which will enable the national court to solve the legal problem with which it is faced . The same is true when it is to be determined whether the provisions of a Member State other than that of the court requesting the ruling are compatible with Community law .
The first question
28 Since the directive has provided exhaustively for the harmonization of national rules on the packaging and labelling of cosmetic products, it is not necessary to give a ruling on the interpretation of Article 30 of the Treaty as requested by the national court .
Anonymos Etaireia Epichirisseon Metalleftikon Viomichanikon kai Naftiliakon AE and others v Council of the European Communities.
Date: 1989-11-28
8 At the outset it should be pointed out that, in accordance with the consistent case-law of the Court ( see in particular the judgment of 14 July 1988 in Case 187/85 Fediol v Commission (( 1988 )) ECR 4155, paragraph 6 ), even though a discretion has been conferred on the Community institutions, the Court is required to verify whether or not they have observed the procedural guarantees afforded by the basic regulation and whether or not they have committed manifest errors in their assessment of the facts, have omitted to take any essential matters into consideration or have based the reasons for their decision on considerations amounting to a misuse of powers .
22 In that connection it should be pointed out that, as the Court held in its judgment of 12 May 1989 in Case 246/87 Continentale Produkten-Gesellschaft Erhardt-Renken GmbH & Co . v Hauptzollamt Muenchen-West (( 1989 )) ECR , paragraph 8 ) the period of one year mentioned in Article 7(9 ) of the basic regulation is a guide rather than a mandatory period . That interpretation is borne out both by the wording of the provision, according to which the investigation is "normally" to be concluded within that period, and by the nature of the anti-dumping proceeding whose progress does not depend solely on the efforts of the Community authorities . It should, however, be pointed out that it follows from that provision that the anti-dumping proceeding must not be extended beyond a reasonable period to be assessed according to the particular circumstances of each case .
35 Moreover, it is clear from the structure of the basic regulation that injury must be established in relation to the time when any decision imposing protective measures is adopted, which provides justification for the fact that the data indicated in the proposal for a decision submitted by the Commission in 1983 were brought up to date in the context of its 1986 proposal which led to the adoption of the contested decision .
Anita Groener v Minister for Education and the City of Dublin Vocational Educational Committee.
Date: 1989-11-28
19 The EEC Treaty does not prohibit the adoption of a policy for the protection and promotion of a language of a Member State which is both the national language and the first official language . However, the implementation of such a policy must not encroach upon a fundamental freedom such as that of the free movement of workers . Therefore, the requirements deriving from measures intended to implement such a policy must not in any circumstances be disproportionate in relation to the aim pursued and the manner in which they are applied must not bring about discrimination against nationals of other Member States .
23 Moreover, the principle of non-discrimination precludes the imposition of any requirement that the linguistic knowledge in question must have been acquired within the national territory . It also implies that the nationals of other Member States should have an opportunity to retake the oral examination, in the event of their having previously failed it, when they again apply for a post of assistant lecturer or lecturer .
Commission of the European Communities v Federal Republic of Germany.
Date: 1989-11-28
14 That directive, the aim of which is, in view of the need to reinforce and develop further the internal market, to reduce to the minimum formalities and inspections at internal Community frontiers, does not permit formalities or constraints involving more than the normal requirements inherent in the crossing of the frontier by any goods, whatever their nature .
Commission of the European Communities v Hellenic Republic.
Date: 1989-11-29
16 The Court has held ( see, inter alia, the judgments of 28 November 1978 in Case 83/78 Pigs Marketing Board v Redmond (( 1978 )) ECR 2347, and of 17 January 1980 in Joined Cases 95 and 96/79 Procureur du Roi v Kefer and Delmelle (( 1980 )) ECR 103 ) that the common organizations of the markets are based on the concept of an open market to which every producer has free access and the functioning of which is regulated solely by the instruments provided for in those organizations . In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price formation as established under the common organization .
Commission of the European Communities v Italian Republic.
Date: 1989-12-05
8 According to the Court' s case-law the principle of equal treatment, of which Articles 52 and 59 of the Treaty embody specific instances, prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result ( see, in particular, the judgment of 29 October 1980 in Case 22/80 Boussac v Gerstenmeier (( 1980 )) ECR 3427 ).
13 As the Court has already held ( see the judgment of 21 June 1974 in Case 2/74 Reyners v Belgium (( 1974 )) ECR 631 ), the exception to freedom of establishment and freedom to provide services provided for by the first paragraph of Article 55 and by Article 66 of the EEC Treaty must be restricted to those of the activities referred to in Articles 52 and 59 which in themselves involve a direct and specific connection with the exercise of official authority . That is not the case here, however, since the activities in question, which concern the design, programming and operation of data-processing systems, are of a technical nature and thus unrelated to the exercise of official authority .
15 That argument must also be dismissed . It need merely be pointed out that the nature of the aims pursued by the data-processing systems in question is not sufficient to establish that there would be any threat to public policy if companies from other Member States were awarded the contracts for the establishment and operation of those systems . It must also be borne in mind that the confidential nature of the data processed by the systems could be protected, as stated above, by a duty of secrecy, without there being any need to restrict freedom of establishment or freedom to provide services .
19 That argument cannot be accepted . The purchase of the equipment required for the establishment of a data-processing system can be separated from the activities involved in its design and operation . The Italian Government could have approached companies specializing in software development for the design of the data-processing systems in question and, in compliance with the directive, could have purchased hardware meeting the technical specifications laid down by such companies .
ORO Amsterdam Beheer BV and Concerto BV v Inspecteur der Omzetbelasting Amsterdam.
Date: 1989-12-05
21 On the whole the Community system of VAT is the result of a gradual harmonization of national legislation pursuant to Articles 99 and 100 of the Treaty . The Court has consistently held that this harmonization, as brought about by successive directives and in particular by the Sixth Directive, is still only partial .
24 Until the Community legislature has taken action, it is therefore necessary to continue to apply Article 32 of the Sixth Directive, which merely authorizes Member States that apply a special system of VAT to second-hand goods to retain that system but does not impose on them any obligation to introduce such a system if none exists .