larimo/cjeu-paragraph-retrieval huggingface dataset:
Sergio Del Plato v Commission of the European Communities.
Date: 1989-03-10
9 Under the provisions of Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an appeal by an official to the Court of Justice against a decision of the appointing authority relating to him may lie only if the official has previously submitted a complaint to the appointing authority and that complaint has been rejected by express or implied decision . Under the system established by the Staff Regulations, the official must thus submit a complaint against the decision which he is contesting and appeal to the Court against the decision rejecting his complaint . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both ( judgment of 19 January 1984 in Case 260/80 Andersen v Council (( 1984 )) ECR 177, particularly paragraphs 3 and 4 ), provided, however, that the complaint and the appeal were brought within the periods prescribed by Articles 90 and 91 of the Staff Regulations, as in this case they were ( judgment of 26 January 1989 in Case 224/87 Koutchoumoff v Commission (( 1989 )) ECR 99 ). Mr Del Plato' s application is therefore also admissible in so far as it appeals against the implied decision rejecting his complaint .
Adalino Baldi v Caisse de compensation pour allocations familiales.
Date: 1989-03-14
8 Several years after the return of Mr Baldi and his son to Italy, the Caisse de compensation concluded that it should have ceased payment of all the Belgian family allowances as soon as Mr Baldi' s son returned to Italy . Article 51(3 ) of the abovementioned Consolidated Law provides that "family allowances are not payable in respect of children brought up outside the Kingdom ". On 31 August 1981, the Caisse de compensation ceased payment . Moreover, it called on Mr Baldi to repay the sum of BFR 309 202 in respect of the family allowances which he had received since his son' s return to Italy .
15 It is to be noted in the first place that, by the very terms of Article 78(2 ) of Regulation No 1408/71, that provision overrides the conditions concerning residence in national territory only as regards family allowances for "the orphan of a deceased worker ". Article 2 of Regulation No 1408/71, which defines the persons to whom that regulation applies, draws a clear distinction between workers themselves on the one hand and members of their families and their survivors on the other . The expression "orphan of a deceased worker" cannot therefore be taken to cover the case of children who have become orphans as a result of the death of a member of a worker' s family who was not himself a worker .
Knut Hamann v Finanzamt Hamburg-Eimsbüttel.
Date: 1989-03-15
17 The Commission' s argument must be accepted . It is clear from the seventh recital in the preamble to the Sixth Directive that one of the aims of the directive was to delimit in a rational way the scope of the legislation of Member States, in particular as regards the supply of services . Thus the place where a service is supplied is in principle, for the sake of simplification, deemed to be the place where the supplier has established his business . However, according to the aforesaid recital, an exception to this general rule must be made in certain specific cases : thus in the case of the hiring-out of movable tangible property, the place of supply of the service is the place in which the goods hired out are used, in order to prevent distortions of competition which may arise from the different rates of VAT applied by the Member States .
18 Those considerations do not apply, however, to the hiring-out of forms of transport . Since they may easily cross frontiers, it is difficult, if not impossible, to determine the place of their utilization . However, in each case a practical criterion must be laid down for VAT charging . Consequently, for the hiring-out of all forms of transport, the Sixth Directive provided that the service should be deemed to be supplied not at the place where the goods hired out are used but, in conformity with the general rule, at the place where the supplier has established his business .
Di Felice v Institut national d'assurances sociales pour travailleurs indépendants.
Date: 1989-04-18
7 Having regard to the terms of the first two questions referred to the Court,it should be pointed out firstly that in proceedings under Article 177 of the EEC Treaty the Court has no jurisdiction to apply the rules of Community law to a particular case or to judge the compatibility of provisions of national law with those rules . However, it may provide a national court with all the elements relating to the interpretation of Community law which may be useful to it in assessing the effects of the provisions of that law .
13 It should be pointed out in that regard that, according to previous decisions of the Court, where a worker is in receipt of invalidity benefits converted into an old-age pension by virtue of the legislation of a Member State and invalidity benefits not yet converted into an old-age pension under the legislation of another Member State, the old-age pension and the invalidity benefits are to be regarded as being of the same kind ( see, most recently,the judgment of 2 July 1981 in Joined Cases 116, 117, 119, 120 and 121/80 RWP v Celestre (( 1981 )) ECR 1737 ).
14 Those decisions also apply in cases in which old-age ( retirement ) pensions due under the legislation of a Member State do not arise as a result of the conversion of invalidity benefits, provided that an old-age pension, whether or not arising from such a conversion, is of the same kind as an invalidity pension .
Commission of the European Communities v Italian Republic.
Date: 1989-04-25
15 However, it must be borne in mind that when, as in this case, an action is brought before the Court under Article 169 of the Treaty alleging failure by a Member State to fulfil its obligations, the Court has decided on several occasions, most recently in its judgment of 22 September 1988 in Case 272/86 Commission v Hellenic Republic (( 1988 )) ECR 4875, that it is incumbent upon the Commission to prove that the obligation has not been fulfilled .
16 For all of those reasons of law, the Court is entitled to consider whether the Commission has produced evidence in support of its allegation that some of the areas included in the area of production of Caldaro or Lago di Caldaro wine by the decrees of the President of the Italian Republic do not produce wines known under that designation and that the area demarcated does not fulfil the conditions permitting it to be regarded as a single area in accordance with the criteria laid down in the Community rules .
17 In that regard, it should be pointed out that when the Commission applies to the Court for a declaration that a Member State has failed to fulfil its obligations under the Treaty, it must itself provide evidence of the alleged failure . The application for an expert' s report made by the Commission for that purpose must therefore be refused .
Traditional use of the designation
Commission of the European Communities v Kingdom of Belgium.
Date: 1989-04-27
12 The controls at issue are not a condition for the exercise of the right of entry into Belgian territory and it is undisputed that Community law does not prevent Belgium from checking, within its territory, compliance with the obligation imposed on persons enjoying a right of residence under Community law to carry their residence or establishment permit at all times, where an identical obligation is imposed upon Belgian nationals as regards their identity card .
Commission of the European Communities v Federal Republic of Germany.
Date: 1989-05-11
8 Reference should be made in that regard to the established case-law of the Court, set out most recently in the judgments of 7 May 1987 in Case 186/85 Commission v Belgium (( 1987 )) ECR 2029, paragraph 13 and of 14 July 1988 in Case 298/86 Commission v Belgium (( 1988 )) ECR 4343, paragraph 10, according to which the scope of an action brought under Article 169 of the Treaty is delimited by the preliminary administrative procedure provided for by that article . The Commission' s reasoned opinion and its application must be founded on the same grounds and submissions and it follows that the Court cannot consider a complaint that was not formulated in the reasoned opinion .
17 It also appears from the case-law of the Court ( judgment of 16 December 1980 in Case 27/80 Fietje (( 1980 )) ECR 3839, paragraph 11 ) that national measures which are necessary in order to ensure that products are accurately described, avoid any confusion on the part of consumers and ensure fair trading do not infringe the principle of the free movement of goods as laid down in Article 30 et seq . of the EEC Treaty . Hence Community law does not preclude a national measure securing accurate consumer information and thereby avoiding any confusion . However, the measure in question in this case goes beyond that .
19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy .
Henri Maurissen and European Public Service Union v Court of Auditors of the European Communities.
Date: 1989-05-11
47 In the present case, the Court of Auditors has not produced the necesssary proof . It merely puts forward arguments described by it as "presumptions" but they cannot take the place of proof .
Criminal proceedings against Esther Renée Bouchara, née Wurmser, and Norlaine SA.
Date: 1989-05-11
10 In that regard, it should first be noted that among the general interests expressly protected by the national provision at issue in the main proceedings, only the protection of the health and safety of persons is covered by Article 36 . On the other hand, fair trading and consumer protection are among the imperative requirements which, in accordance with a line of decisions of the Court ( see, initially, the judgment of 20 February 1979 in Case 120/78 Rewe v Bundesmonopolverwaltung fuer Branntwein (( 1979 )) ECR 649 (" Cassis de Dijon ") ), may justify a measure liable to hinder intra-Community trade, on condition that that measure is applied without distinction to domestic and imported products .
Continentale Produkten-Gesellschaft Erhardt-Renken GmbH & Co. v Hauptzollamt München-West.
Date: 1989-05-12
8 With regard to that objection it should be observed that the period mentioned in Article 7(9 ) of the basic regulation is a guide rather than a mandatory period . This is clear both from the wording of the provision in question, which uses the word "normally", and from the nature of the anti-dumping proceeding itself, whose progress does not depend solely on the efforts of the Community authorities . However, it follows from Article 7(9 ) that the anti-dumping proceeding must not be extended beyond a reasonable period to be assessed according to the particular circumstances of each case .
Kai Ottung v Klee & Weilbach A/S and Thomas Schmidt A/S.
Date: 1989-05-12
11 The possibility cannot be ruled out that the reason for the inclusion in a licensing agreement of a clause imposing an obligation to pay royalty may be unconnected with a patent . Such a clause may instead reflect a commercial assessment of the value to be attributed to the possibilities of exploitation granted by the licensing agreement . That is even more true where, as in the main proceedings, the obligation to pay royalty in respect of two devices, one being patented after the agreement was entered into and the other being complementary to the first, was embodied in a licensing agreement entered into before the patent was granted .
13 An obligation to continue to pay royalty after the expiry of a patent can result only from a licensing agreement which either does not grant the licensee the right to terminate the agreement by giving reasonable notice or seeks to restrict the licensee' s freedom of action after termination . If that were the case, the agreement might, having regard to its economic and legal context, restrict competition within the meaning of Article 85(1 ). Where, however, the licensee may freely terminate the agreement by giving reasonable notice, an obligation to pay royalty throughout the validity of the agreement cannot come within the scope of the prohibition contained in Article 85(1 ).
Bestuur van de Nieuwe Algemene Bedrijfsvereniging v W. F. J. M. Warmerdam-Steggerda.
Date: 1989-05-12
10 In the first place, it must be borne in mind that, as the Court has consistently held ( see, most recently, the judgment of 28 February 1989 in Case 29/88 Schmitt v Bundesversicherungsanstalt fuer Angestellte (( 1989 )) ECR ), the sole aim of Regulation No 1408/71, in accordance with Article 51 of the EEC Treaty which it is designed to implement, is the aggregation, for the purposes of the conferment and maintenance of entitlement to benefits, and for the calculation thereof, of all the periods taken into consideration by the different bodies of national legislation and that it does not determine the conditions under which those periods are constituted .
17 It follows from the wording of that provision that if the legislation of the Member State within whose territory the competent institution is situated makes entitlement to unemployment benefits dependent on the completion of periods of insurance, the periods of insurance completed in any other Member State must be taken into account in the Member State in which the benefits were applied for, as though they were periods of insurance completed under the legislation of the latter Member State . In the same case, periods of employment completed without affiliation to a scheme of unemployment insurance under the legislation of any other Member State must be taken into account in the Member State in which the benefit was applied for, as though they were periods of employment completed under the legislation of the latter State, provided that, according to the law of that State, those periods of employment would have been regarded as periods of insurance .
19 In that regard, it must be borne in mind that the term "periods of insurance" is defined in Article 1(r ) of Regulation No 1408/71 as meaning periods of contribution or periods of employment recognized by the legislation under which they were completed or regarded by the said legislation as equivalent to periods of insurance . It follows that, in the case of entitlement to unemployment benefits, the term "periods of insurance" must be understood as referring not only to periods in which contributions to an unemployment insurance scheme were paid but also to periods of employment considered by the legislation under which they were completed as equivalent to periods of insurance, that is to say periods in which insurance cover by such a scheme is guaranteed .
R. Buet and Educational Business Services (EBS) v Ministère public.
Date: 1989-05-16
7 As the Court held in its judgment of 15 December 1982 in Case 286/81 Oosthoek (( 1982 )) ECR 4575, the possibility cannot be ruled out that to compel a trader either to adopt advertising or sales promotion schemes which differ from one Member State to another or to discontinue a scheme which he considers to be particularly effective may constitute an obstacle to imports even if the legislation in question applies to domestic and imported products without distinction .
8 That finding applies a fortiori when the rules in question deprive the trader concerned of the possibility of using not a means of advertising but a method of marketing whereby he realizes almost all his sales .
9 Application of a prohibition on canvassing in order to sell foreign-language teaching material from another Member State must therefore be regarded as constituting an obstacle to imports .
( b ) The possibility of justifying the obstacle in question by the need to protect consumers
11 It is common ground that the French legislature adopted the prohibition of canvassing in question out of concern to protect consumers against the risk of ill-considered purchases . However, as the Court has repeatedly held ( see in particular the judgment of 14 July 1988 in Case 407/85 3 Glocken GmbH (( 1988 )) ECR 4233 ) such rules must be proportionate to the goals pursued, and if a Member State has at its disposal less restrictive means of obtaining the same goals, it is under an obligation to make use of them .
16 Moreover, while the Council Directive of 20 December 1985 on the protection of consumers in respect of contracts negotiated away from business premises ( Official Journal 1985, L 372, p . 31 ) requires Member States to ensure that consumers have the right to cancel a contract of sale concluded at their home, Article 8 allows the State to adopt or maintain more favourable provisions to protect consumers . In the last recital in the preamble to the directive the Council expressly recognized that Member States might introduce or maintain a total or partial prohibition on the conclusion of contracts away from business premises .
Commission of the European Communities v Federal Republic of Germany.
Date: 1989-05-18
9 Furthermore, as the Court held in its judgment of 8 April 1976 in Case 47/75 Royer (( 1976 )) ECR 497, the right of nationals of a Member State to enter the territory of another Member State and reside there for the purposes intended by the Treaty - in particular to look for or pursue an occupation or activities as employed or self-employed persons, or to rejoin their spouse or family - is a right conferred directly by the Treaty or, as the case may be, by the provisions adopted for its implementation, and that right is acquired independently of the issue of a residence permit by the competent authority of a Member State .
10 Regulation No 1612/68 must also be interpreted in the light of the requirement of respect for family life set out in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms . That requirement is one of the fundamental rights which, according to the Court' s settled case-law, restated in the preamble to the Single European Act, are recognized by Community law .
11 Finally, Article 10(3 ) of Regulation No 1612/68 must be interpreted in the context of the overall structure and purpose of that regulation . It is apparent from the provisions of the regulation, taken as a whole, that in order to facilitate the movement of members of workers' families the Council took into account, first, the importance for the worker, from a human point of view, of having his entire family with him and, secondly, the importance, from all points of view, of the integration of the worker and his family into the host Member State without any difference in treatment in relation to nationals of that State .
12 It follows from the foregoing that Article 10(3 ) must be interpreted as meaning that the requirement to have available housing considered as normal applies solely as a condition under which each member of the worker' s family is permitted to come to live with him and that once the family has been brought together, the position of the migrant worker cannot be different in regard to housing requirements from that of a worker who is a national of the Member State concerned .
The Queen v Royal Pharmaceutical Society of Great Britain, ex parte Association of Pharmaceutical Importers and others.
Date: 1989-05-18
15 It should be stated that measures adopted by a professional body on which national legislation has conferred powers of that nature may, if they are capable of affecting trade between Member States, constitute "measures" within the meaning of Article 30 of the Treaty .
22 There is no evidence in this case to justify a conclusion by the Court that a rule prohibiting pharmacists from substituting another medicinal product for one designated by name in the prescription, even if the other product has the same therapeutic effect, goes beyond what is necessary to achieve the objective in view, which is to leave the entire responsibility for the treatment of the patient in the hands of the doctor treating him . In particular, the Court finds itself unable to discount the reasons, based on psychosomatic phenomena, for which, according to the observations submitted by the Pharmaceutical Society of Great Britain and by the governments of several Member States, a specific proprietary medicinal product might be prescribed rather than a generic product or any other proprietary medicinal product having the same therapeutic effect .