larimo/cjeu-paragraph-retrieval huggingface dataset:
Handels- og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening.
Date: 1990-11-08
13 It follows from the provisions of the Directive quoted above that the dismissal of a female worker on account of pregnancy constitutes direct discrimination on grounds of sex, as is a refusal to appoint a pregnant woman ( see judgment of today' s date in Case C-177/88 Dekker v VJM-Centrum [1990] ECR I-3941 ).
15 The Directive does not envisage the case of an illness attributable to pregnancy or confinement . It does, however, admit of national provisions guaranteeing women specific rights on account of pregnancy and maternity, such as maternity leave . During the maternity leave accorded to her pursuant to national law, a woman is accordingly protected against dismissal due to absence . It is for every Member State to fix periods of maternity leave in such a way as to enable female workers to absent themselves during the period in which the disorders inherent in pregnancy and confinement occur .
16 In the case of an illness manifesting itself after the maternity leave, there is no reason to distinguish an illness attributable to pregnancy or confinement from any other illness . Such a pathological condition is therefore covered by the general rules applicable in the event of illness .
17 Male and female workers are equally exposed to illness . Although certain disorders are, it is true, specific to one or other sex, the only question is whether a woman is dismissed on account of absence due to illness in the same circumstances as a man; if that is the case, then there is no direct discrimination on grounds of sex .
19 Accordingly, the answer to be given to the first question is that, without prejudice to the provisions of national law adopted pursuant to Article 2(3 ) of Council Directive 76/207 of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Article 5(1 ) of that directive, in conjunction with Article 2(1 ) thereof, does not preclude dismissals which are the result of absences due to an illness attributable to pregnancy or confinement .
Second question
Krystyna Gmurzynska-Bscher v Oberfinanzdirektion Köln.
Date: 1990-11-08
17 The second and third paragraphs of Article 177 provide that where a question concerning the interpretation of a provision of Community law is raised before a court or tribunal of a Member State, that court or tribunal may, or where it is a court or tribunal against whose decisions there is no judicial remedy under national law, must, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon .
18 The procedure provided for in Article 177 of the Treaty is therefore an instrument of cooperation between the Court of Justice and national courts by means of which the former provides the latter with interpretation of such Community law as is necessary for them to give judgment in cases upon which they are called to adjudicate .
19 It follows that it is for the national courts alone which are seised of the case and are responsible for the judgment to be delivered to determine, in view of the special features of each case, both the need for a preliminary ruling in order to enable them to give their judgment and the relevance of the questions which they put to the Court .
20 Consequently, where the questions put by national courts concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling .
23 It would be otherwise only in cases where either it appears that the procedure of Article 177 of the Treaty has been misused and been resorted to, in fact, in order to elicit a ruling from the Court by means of a spurious dispute or it is obvious that the provisions of Community law submitted for the interpretation of the Court cannot apply .
25 Moreover, neither from the wording of Article 177 of the Treaty nor the object of the procedure which it provides for indicates that the draughtsmen of the Treaty intended to exclude from the Court' s jurisdiction references to the Court for a preliminary ruling in relation to a provision of Community law in the special case where the national law of a Member State refers to the substance of that provision to determine the rules applicable to a purely domestic matter in that State .
30 That is particularly important in view of the fact that according to the case-law of the Court the headings of Chapter 97 of the Common Customs Tariff must be given a liberal interpretation ( see the aforementioned judgment of 15 May 1985 in the Onnasch case ), and secondly if the rate of customs duty laid down for the material used were applied to a value for customs purposes fixed on the basis of the work' s artistic nature, the duty payable would be out of all proportion to the cost of that material ( see the judgment in the Onnasch case, paragraph 11 ).
Procurator Fiscal v Andrew Marshall.
Date: 1990-11-13
22 As far as Article 40(3 ) of the Treaty is concerned, it follows from the judgment in Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 23, that the Member States must comply with the principle of equality when they are adopting measures, concerning only their own nationals, pursuant to a Community regulation relating to the organization of the agricultural markets .
27 Lastly, as regards the question of any interference with the right to exercise a professional activity, it must be borne in mind that, as the Court held in its judgment in Case 234/85 Keller [1986] ECR 2897, paragraph 8, limitations may be placed on the exercise of that right if they are justified by the objectives of general interest pursued by the Community, on condition that the substance of the right is left untouched .
Marleasing SA v La Comercial Internacional de Alimentacion SA.
Date: 1990-11-13
6 With regard to the question whether an individual may rely on the directive against a national law, it should be observed that, as the Court has consistently held, a directive may not of itself impose obligations on an individual and, consequently, a provision of a directive may not be relied upon as such against such a person ( judgment in Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723 ).
7 However, it is apparent from the documents before the Court that the national court seeks in substance to ascertain whether a national court hearing a case which falls within the scope of Directive 68/151 is required to interpret its national law in the light of the wording and the purpose of that directive in order to preclude a declaration of nullity of a public limited company on a ground other than those listed in Article 11 of the directive .
8 In order to reply to that question, it should be observed that, as the Court pointed out in its judgment in Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 26, the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts . It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 189 of the Treaty .
13 The answer to the question submitted must therefore be that a national court hearing a case which falls within the scope of Directive 68/151 is required to interpret its national law in the light of the wording and the purpose of that directive in order to preclude a declaration of nullity of a public limited company on a ground other than those listed in Article 11 of the directive .
Criminal proceedings against Bonfait BV.
Date: 1990-11-13
15 As regards consumer protection, it must be stated that it can be guaranteed by means which do not hinder the importation of products which have been lawfully manufactured and marketed in other Member States, in particular by suitable labelling giving the nature of the product sold ( judgment in Case 193/80 Commission v Italy [1981] ECR 3019 and in Case 178/84, cited above ). Labels bearing pertinent information about the composition of the product and indicating the respective proportions of its constituents would enable the consumer to choose, if he wished, the product complying with the requirement laid down by the Vlees - en Vleeswarenbesluit concerning the ratio of water content to organic non-fat .
Carmina di Leo v Land Berlin.
Date: 1990-11-13
9 It should be noted at the outset that according to the case-law of the Court ( see the judgment in Joined Cases 389 and 390/87 Echternach and Moritz v Minister for Education and Science [1989] ECR 723 ), Article 12 refers not only to the rules relating to admission itself, but also to general measures intended to facilitate educational attendance . In that regard, the Court considered, inter alia, that the status of a child of a Community worker implies, in particular, that it is recognized in Community law that such children must be eligible for study assistance from the State in order to make it possible for them to achieve integration in the society of the host country . This means, according to the Court, that the children of Community workers are entitled to assistance granted to cover the costs of students' education and maintenance under the same conditions as apply to the host country' s own nationals .
13 It must also be borne in mind that the aim of Regulation No 1612/68, namely freedom of movement for workers, requires, for such freedom to be guaranteed in compliance with the principles of liberty and dignity, the best possible conditions for the integration of the Community worker' s family in the society of the host country . If such integration is to be successful, it is essential for the child of a Community worker who resides with his family in the host Member State to have the opportunity to choose a course under the same conditions as a child of a national of that State .
14 Furthermore, Article 7(2 ) of Regulation No 1612/68, which provides that a worker who is a national of a Member State is to enjoy, in the territory of the other Member States, the same social advantages as national workers, requires a Member State, where it gives its national workers the opportunity of pursuing education or training provided in another Member State, to extend that opportunity to Community workers established within its territory ( see the judgment in Case 235/87 Matteucci v Communauté française de Belgique [1988] ECR 5589 ).
15 The same principle must apply to children of Community workers who are covered by Article 12 . That article lays down, in the same way as Article 7(2 ), a general rule which, in matters of education, requires every Member State to ensure equal treatment between its own nationals and the children of workers who are nationals of another Member State established within its territory . Accordingly, where a Member State gives its nationals the opportunity to obtain a grant in respect of education or training provided abroad, the child of a Community worker must enjoy the same advantage if he decides to pursue his studies outside the host State .
Ibrahim Buhari Haji v Institut national d'assurances sociales pour travailleurs indépendants.
Date: 1990-11-14
20 As the Court has already held, in particular in its judgment in Belbouab, supra, regulations adopted for the implementation of Article 51 of the EEC Treaty must be interpreted in the light of the objective pursued by that article, which is the establishment of the greatest possible freedom of movement for migrant workers within the common market .
Caisse d'assurances sociales pour travailleurs indépendants "Integrity" v Nadine Rouvroy.
Date: 1990-11-21
9 It must first be observed that although in proceedings under Article 177 of the Treaty, the Court may not rule as to the compatibility of national provisions with Community law, it is nevertheless competent to provide the national court with all the elements of interpretation under Community law to enable it to assess such compatibility for the purpose of deciding the case before it ( see most recently the judgment in Case C-196/89 Nespoli and Crippa [1990] ECR I-3647 ).
Commission of the European Communities v Ireland.
Date: 1990-11-27
11 That submission cannot be accepted . It is well established in the case-law of the Court ( see, for instance, the judgment in Case 254/83 Commission v Italy [1984] ECR 3395 ) that a Member State may not plead internal circumstances in order to justify a failure to comply with obligations and time-limits resulting from Community law . Moreover, it has been held on several occasions ( see the judgments in Case 39/72 Commission v Italy [1973] ECR 101 and in Case 128/78 Commission v United Kingdom [1979] ECR 419 ) that practical difficulties which appear at the stage when a Community measure is put into effect cannot permit a Member State unilaterally to opt out of fulfilling its obligations .
Commission of the European Communities v Hellenic Republic.
Date: 1990-11-27
9 On this point, it suffices to point out that, under the scheme established by Article 169 of the Treaty, the Commission enjoys a discretionary power in deciding whether to institute proceedings for a declaration that a Member State has failed to fulfil obligations and that it is not for the Court to decide whether that discretion was wisely exercised .
13 It should be stressed in this regard that the question whether there has been a failure to fulfil obligations must be examined on the basis of the position in which the Member State found itself at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes .
Commission of the European Communities v Italian Republic.
Date: 1990-11-27
13 In that regard, it must be noted that Article 169 of the Treaty enables the Commission to institute proceedings for failure to fulfil obligations each time it forms the view that a Member State has failed to fulfil an obligation under Community law, without its being required to draw distinctions based on the nature and gravity of the infringement .
14 With regard to the Italian Government' s argument that the failure to comply with the obligation to communicate prices did not have any adverse consequences, it must be pointed out first of all that the Commission disputes this contention . According to the Commission, the absence of statistical data did indeed disrupt the functioning of the common organization of the market in fishery products, both in respect of the fixing of guide prices and with regard to the implementation of the safeguard clause in those cases where this had been requested by Italy . Even if it should be established that there was no damage, it is important to remember that the failure to comply with an obligation imposed by a rule of Community law is sufficient to constitute the breach, and the fact that such a failure had no adverse effects is irrelevant ( see, on this point, the judgement in Case 95/77 Commission v Netherlands [1978] ECR 863 ).
16 It suffices on this point to emphasize that, under the system established by Article 169 of the Treaty, the Commission enjoys a discretionary power as to whether it will bring an action for failure to fulfil obligations and it is not for the Court to judge whether that discretion was wisely exercised .
W. M. van Tiem v Staatssecretaris van Financiën.
Date: 1990-12-04
17 In that respect it should first of all be underlined that Article 4 of the Sixth Directive confers a very wide scope on value added tax, comprising all stages of production, distribution and the provision of services ( see the judgments of the Court in Case 235/85 Commission v Netherlands [1987] ECR 1487, paragraph 7, and in Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 10 ).
18 Secondly, in accordance with the requirements of the principle that the common system of value added tax should be neutral, the term "exploitation" refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the goods in question on a continuing basis .
25 In accordance with the purpose of the Sixth Directive, which is inter alia to found a common system of VAT upon a uniform definition of "taxable persons", that status must be assessed solely on the basis of the criteria set forth in Article 4 of the Sixth Directive .
26 Accordingly, the scope of Article 4 of the Sixth Directive cannot be altered by the fact that a Member State has or has not exercised the option of assimilating the creation of a building right to the supply of goods, as provided for in Article 5(3 ) of the Sixth Directive .
Wirtschaftsvereinigung Eisen- und Stahlindustrie v Commission of the European Communities.
Date: 1990-12-06
22 It is clear from the Court' s case-law that, failing publication or notification, it is for the party which has knowledge of a decision concerning it to request the whole text thereof within a reasonable period and that the period for bringing an action can begin to run only from the moment when the third party concerned acquires precise knowledge of the content of the decision in question and of the reasons on which it is based in such a way as to enable it to exercise its right of action ( judgment in Case 236/86 Dillinger Huettenwerke [1988] ECR 3761, paragraph 14 ). According to that same case, an undertaking is concerned within the meaning of the second paragraph of Article 33 of the ECSC Treaty by a decision of the Commission enabling benefits to be conferred on one or more other competitor undertakings ( paragraph 8 ).
Commission of the European Communities v Kingdom of Denmark.
Date: 1990-12-06
7 It should be pointed out that, as the Court has consistently held ( see, most recently, the judgment in Case C-158/88 Commission v Ireland [1990] ECR I-2367, paragraph 7 ), in the area in question Member States are left with only the restricted power given to them by the actual provisions of the directive in question . No provision is made in those directives for laying down quantitative limits for goods not expressly referred to in Article 4(1 ) of Directive 69/169 .
Commission of the European Communities v Ireland.
Date: 1990-12-06
7 It should be pointed out that, as the Court has consistently held ( see, most recently, the judgment of 12 June 1990 in Case C-158/88 Commission v Ireland [1990] ECR I-2367, paragraph 7 ), in the area in question Member States are left only with the restricted power given to them by the actual provisions of the directives in question . No provision is made in those directives for laying down quantitative limits for goods not expressly referred to in Article 4(1 ) of Directive 69/169 .
Max Witzemann v Hauptzollamt München-Mitte.
Date: 1990-12-06
18 The Court has already held, in its judgment in Case 294/82 Einberger v Hauptzollamt Freiburg (" Einberger II ") [1984] ECR 1177, that import VAT and customs duty display comparable essential features since they arise from the fact of importation of goods into the Community and the subsequent distribution thereof through the economic channels of the Member States and since each constitutes a component of the sale price which is calculated in a similar manner by successive traders . Their parallel nature is confirmed by the fact that Article 10(3 ) of the Sixth Directive authorizes Member States to link the chargeable event and the date when the VAT on importation falls due with those laid down for customs duties .
19 The Court therefore concluded that illegal imports of drugs into the Community, which can give rise only to penalties under the criminal law, are wholly alien to the provisions of the Sixth Directive on the definition of the basis of assessment and, in consequence, to the origination of a VAT debt .
20 For the reasons set out above in relation to customs duties, the Court' s considerations concerning the illegal importation of drugs apply a fortiori to imports of counterfeit currency .
Peter Kaefer and Andréa Procacci v French State.
Date: 1990-12-12
24 That argument cannot be upheld . Since the time of the judgment to which the United Kingdom refers, the Court has on a number of occasions ruled on questions concerning the possible direct effect of certain stipulations in agreements concluded by the Community with non-member countries . Furthermore, it is settled case-law that the provisions of a Council decision produce direct effects in the legal relationships between the Member States and those subject to their jurisdiction inasmuch as, if they impose an unconditional and sufficiently clear and precise obligation on Member States, they thereby create individual rights which national courts must protect ( see the judgment in Case 9/70 Grad v Finanzamt Traunstein [1970] ECR 825, paragraph 9, and, as regards decisions adopted on the basis of an association agreement, the judgment in Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461 ).
Kingdom of the Netherlands v Commission of the European Communities.
Date: 1990-12-13
18 Finally, as regards the objection raised by the Kingdom of the Netherlands that the Commission did not provide in the Summary Report adequate reasons for its decision, either in relation to the principle of disallowing expenditure relating to butter tested before the expiry of the test period or in relation to the figure of 0.25%, it is necessary to point out that the Court has consistently held ( judgment in Case 1251/79 Italy v Commission [1981] ECR 205 ) that in the particular context of the preparation of decisions relating to the clearance of accounts the statement of reasons for a decision must be regarded as sufficient if the Member State to which the decision was addressed was closely involved in the process by which the decision came about and was aware of the reasons for which the Commission took the view that it must not charge the sum in dispute to the Fund .