larimo/cjeu-paragraph-retrieval huggingface dataset:
SpA Alois Lageder and others v Amministrazione delle Finanze dello Stato.
Date: 1993-04-01
26 However, that regulation was not in force at the material time and is therefore not applicable (see judgment in Joined Cases 212/80 to 217/80 Amministrazione delle Finanze dello Stato v Salumi and Others [1981] ECR 2735, paragraph 15).
27 It follows that, as the Court recognized in paragraph 18 of the judgment in Salumi, where there are no relevant provisions of Community law, it is for the national legal system of each Member State to lay down the detailed rules and conditions for the collection of Community financial charges in general and agricultural levies in particular and to determine the authorities responsible for collection and the courts with jurisdiction to decide disputes to which that collection may give rise but such procedures and conditions may not make the system for collecting Community charges and dues less effective than that for collecting national charges and dues of the same kind.
28 Furthermore, as the Court stated in paragraph 20 of the same judgment, the national legislation must be applied in a non-discriminatory manner having regard to the procedural rules relating to disputes of the same type, but purely national, and in so far as procedural rules cannot have the result of making impossible in practice the exercise of rights conferred by Community law.
33 The principle of the protection of legitimate expectations forms part of the Community legal order (see judgment in Case 112/77 Toepfer v Commission [1978] ECR 1019). The general principles of Community law are binding on all authorities entrusted with the implementation of Community provisions (see judgment in Case 230/78 Eridania v Minister for Agriculture and Forestry [1979] ECR 2739). Consequently, the national authority entrusted with the implementation of the provisional arrangements for accompanying certificates for wines awarded the designation "quality wines p.s.r." is required to observe the principle of the protection of the legitimate expectations of traders.
34 However, the Court has held that a practice of a Member State which does not conform to Community rules may never give rise to a legitimate expectation on the part of a trader who has benefited from the situation thus created (see judgment in Case 5/82 Hauptzollamt Krefeld v Maizena [1982] ECR 4601, paragraph 22).
35 It follows that the principle of the protection of legitimate expectations cannot be relied upon against an unambiguous provision of Community law; nor can the conduct of a national authority responsible for applying Community law, which acts in breach of that law, give rise to a legitimate expectation on the part of a trader of beneficial treatment contrary to Community law (see judgment in Case 316/86 Hauptzollamt Hamburg-Jonas v Kruecken [1988] ECR 2213, paragraph 24).
Findling Wälzlager Handelsgesellschaft mbH v Hauptzollamt Karlsruhe.
Date: 1993-04-01
10 The Commission considers that the word "Other" in the column headed "Exporters" in relation to item 8 includes not only exporters who are also producers or exporters selling under their own brand or trade-mark products purchased from other producers, but also exporters who purchase the product in question and sell it under the producer' s brand or mark. That literal interpretation of Article 1(3) of the Regulation is necessary, the Commission claims, for reasons of legal certainty requiring a uniform application of customs rules within the Community.
11 It should be pointed out in that connection that, as the Court has consistently held, in interpreting a provision of Community law it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it forms part (Cases 292/82 Merck v Hauptzollamt Hamburg-Jonas [1983] ECR 3781, paragraph 12 and 337/82 St Nikolaus Brennerei v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10).
14 That interpretation cannot be set aside on grounds of the need for a uniform application, within the Community, of the customs rules which would result from a literal interpretation of the provision in question. Such a uniform application must be ensured by a clear, exact and complete formulation of the Community rules in question.
15 Nor can that interpretation be set aside on the ground that the interested parties may obtain a review of the regulations imposing anti-dumping duties in accordance with Article 14 of the aforesaid Regulations Nos 2176/84 and 2423/88. Such a review may be justified only by changed circumstances, which in this case are not to be found in the main proceedings, and can in any event take place only when at least one year has elapsed since the conclusion of the investigation (Article 14(1) of the said Regulations Nos 2176/84 and 2423/88).
Emsland-Stärke GmbH v Oberfinanzdirektion München.
Date: 1993-04-01
11 The Court has consistently held (see, in particular, the judgments in Case 62/77 Carlsen Verlag v Oberfinanzdirektion Koeln [1977] ECR 2343, paragraph 3, and Joined Cases C-153 to C-157/88 Ministère Publique v Fauque and Others [1990] ECR I-649, paragraph 10) that the decisive criterion for the classification of goods for customs purposes is generally to be sought in their characteristics and objective properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters.
34 The acetyl content of starch is an indicator of the extent to which substitution has taken place: the higher the acetyl content, the more extensive the modification of the starch. Starch with a very low acetyl content may therefore be close to native starch.
35 In those circumstances, a slightly higher acetyl content (in this case 0.65 or 0.67% by weight) than that indicated in Regulation No 28/90 is not sufficient to exclude classification of the product in question under subheading No 1108 13 00, a fortiori where, as in the present case, the product is a mixture composed of 90% potato starch and 10% esterified starch.
Diversinte SA and Iberlacta SA v Administración Principal de Aduanas e Impuestos Especiales de la Junquera.
Date: 1993-04-01
9 As the court of reference correctly points out, the Court has consistently held that although in general the principle of legal certainty precludes a Community measure from taking effect before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectation of those concerned is duly protected (see, most recently, Case C-368/89 Crispoltoni [1991] ECR I-3695, paragraph 17).
11 As the Court has already stated in Case C-350/88 Delacre and Others v Commission [1990] ECR I-395, at paragraph 15, the statement of grounds required by Article 190 of the EEC Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights and the Court to exercise its supervisory jurisdiction.
Commission of the European Communities v Hellenic Republic.
Date: 1993-04-27
15 Under Article 9 of Directive 71/118, "a Member State may prohibit the marketing in its territory of fresh poultry meat coming from another Member State if ... it is found that ... such meat is unfit for human consumption". The Court has held that Directive 71/118 expressly reserves that power to the Member States until such time as greater harmonization is achieved (see Case C-332/88 Alimenta [1990] ECR I-2077, paragraph 17).
19 With respect to these various arguments, it should be recalled that the Court has consistently ruled that where the data available at the present stage of scientific research do not make it possible to determine with certainty the number of pathogenic micro-organisms above which a food product represents a danger to health, in the absence of harmonization in this field, it is for the Member States to determine, with due regard to the requirements of the free movement of goods, the level at which they wish to ensure that human life and health are protected (see, in particular, Case 97/83 Melkunie [1984] ECR 2367, paragraph 18).
33 The Court has consistently held that under the procedure laid down in Article 169 of the EEC Treaty it is incumbent upon the Commission to prove that an obligation has not been fulfilled (see inter alia Case C-157/91 Commission v Netherlands [1992] ECR I-5899, paragraph 12, and Case 141/87 Commission v Italy [1989] ECR 943, paragraphs 15 and 16).
Italian Republic v Commission of the European Communities.
Date: 1993-04-28
20 As regards the first argument, it should be observed that a Member State which seeks to be allowed to grant aid by way of derogation from the Treaty rules has a duty to collaborate with the Commission. In pursuance of that duty, it must in particular provide all the information to enable the Commission to verify that the conditions for the derogation sought are fulfilled.
Commission of the European Communities v Italian Republic.
Date: 1993-04-28
10 As appears from the judgment of the Court in Case 90/82 Commission v France [1983] ECR 2011, paragraphs 22 and 23, the expression "control of price levels" can refer only to national legislation of a general nature intended to check the increase in prices. As for the expression "observance of imposed prices", it must be understood as referring to a price which, once determined by the manufacturer or importer and approved by the public authority, is compulsory as a maximum price and must be observed as such at all stages of the distribution network, up to the sale to the consumer (judgment in Case 13/77 GB-Inno-BM v Vereniging van de Kleinhandelaars in Tabak [1977] ECR 2115, paragraph 64). With those two provisos, the abovementioned provisions of the directive do not authorize the Member States to fix the prices of manufactured tobacco in disregard of the rule that manufacturers or importers are free to determine prices (judgment in Case C-287/89 Commission v Belgium [1991] ECR I-2233, paragraph 13).
14 As the Court has consistently held, the principles of legal certainty and the protection of individuals require, in areas covered by Community law, that the Member States' legal rules should be worded unequivocally so as to give the persons concerned a clear and precise understanding of their rights and obligations and enable national courts to ensure that those rights and obligations are observed (see to this effect the judgment in Case 257/86 Commission v Italy [1988] ECR 3249, paragraph 12).
22 Reference should be made to the Court' s case-law (see the judgment in Case 274/83 Commission v Italy [1985] ECR 1077) to the effect that, in the case of an action for failure to fulfil obligations, the pre-litigation stage defines the subject-matter of the dispute, which cannot subsequently be extended. The opportunity for the Member State concerned to submit its observations constitutes an essential guarantee required by the Treaty and is an essential formal requirement for the legality of the procedure for a declaration that a Member State has failed to fulfil its obligations.
Forafrique Burkinabe SA v Commission of the European Communities.
Date: 1993-04-29
21 It must be observed in limine that, as the Court has consistently held (see Case C-55/90 Cato v Commission [1992] ECR I-2533, paragraph 18), it follows from the second paragraph of Article 215 of the Treaty that the Community may incur non-contractual liability and the right to compensation for damage suffered may be given effect only if a series of conditions are satisfied, namely the illegality of the conduct with which the Community institutions are charged, the reality of the damage and the existence of a causal link between that conduct and the alleged damage.
23 With regard to the second cause, namely the continued payments from the EDF to Burkina Faso, the Court has consistently held (see Case 126/83 STS Consorzio per Sistemi di Telecomunicazione via Satellite v Commission [1984] ECR 2769 and C-257/90 Italsolar v Commission [1993] ECR I-9) that public contracts funded by the EDF remain national contracts which the authorities of the ACP States alone are responsible for preparing, negotiating and concluding, that the action taken by the Commission' s representatives is only intended to determine whether the conditions of Community financing are fulfilled, and that sub-contractors or persons awarded contracts only have legal relations with the ACP State responsible for the contract.
Gebrüder Weis GmbH v Hauptzollamt Würzburg.
Date: 1993-05-04
14 That provision lays down three concurrent conditions which must be met for the competent customs authorities to be able to refrain from taking action for the post-clearance recovery of import duties, namely that the duties were not collected as a result of an error made by the competent authorities, that the person liable has acted in good faith and observed all the provisions laid down by the rules in force as far as his customs declaration is concerned (Case 314/85 Foto-Frost v Hauptzollamt Luebeck-Ost [1987] ECR 4199, paragraphs 22 to 26).
15 As the Court has consistently held, and as has been confirmed in particular by the judgment in Case C-348/89 Mecanarte [1991] ECR I-3299, that means that if all those conditions are satisfied the person liable is entitled to waiver of recovery of the duty in question.
Federación de Distribuidores Cinematográficos v Estado Español and Unión de Productores de Cine y Televisión.
Date: 1993-05-04
8 It is appropriate to point out at the outset that in the context of Article 177 of the EEC Treaty the Court has no jurisdiction to decide either as to the interpretation of the provisions of national laws or regulations or their conformity with Community law. It may however supply the national court with a ruling on the interpretation of Community law to enable that court to resolve the legal problem before it. It may be seen from the file that, by the question referred to the Court, the national court seeks to ascertain whether the rules of the Treaty on the freedom to provide services and the free movement of goods must be interpreted as precluding national rules which reserve the grant of licences for dubbing films from third countries into one of the official national languages to distributors who undertake to distribute national films.
The applicable provisions of Community law
10 It follows from the judgment in Case 262/81 Coditel v Ciné-Vog Films ([1982] ECR 3381, paragraph 11) that the exploitation of films in a cinema or on television implies that the author may make any public projection of the work subject to his authorization and that the commercial exploitation of films by such means, which involves the grant of performing licences, is an activity which comes under the freedom to provide services.
13 As regards Article 59, the Court has consistently held (see, in particular, the judgments in Case C-288/89 Collectieve Antennevoorziening Gouda [1991] ECR I-4007, paragraph 10, and in Case C-353/89 Commission v Netherlands [1991] ECR I-4069, paragraph 14) that freedom to provide services entails in particular the abolition of any discrimination against the person providing services on account of his nationality or the fact that he is established in a Member State other than that in which the service is to be provided.
16 As the Court has stated in its judgments in Case 352/85 Bond van Adverteerders v Netherlands State ([1988] ECR 2085, paragraphs 32 to 34) and in Collectieve Antennevoorziening Gouda (paragraph 10) and Commission v Netherlands (paragraph 15), previously cited, national rules which are not applicable to services without distinction whatever their origin are compatible with Community law only if they can be brought within the scope of an express derogation such as Article 56 of the Treaty, to which Article 66 refers. It may also be seen from those judgments that objectives of an economic nature cannot constitute grounds of public policy within the meaning of that article.
Commission of the European Communities v French Republic.
Date: 1993-05-05
7 It should be noted that, as the Court already held in its judgment in Case C-150/88 (Parfuemerie Fabrik 4711 v Provide [1989] ECR 3891, paragraph 28), the Directive has provided exhaustively for the harmonization of national rules on the packaging and labelling of cosmetic products so that a Member State cannot make the movement of cosmetic products subject to conditions other than those laid down by the Directive.
8 Furthermore, in its judgment in Case C-29/90 (Commission v Greece [1992] ECR I-1971, paragraph 13), the Court declared that making the marketing of cosmetic products dependent on the maintenance of a file containing information in addition to that required by the Directive was incompatible with the Directive.
9 Article 7(3) of the Directive provides that, for purposes of prompt and appropriate medical treatment in the event of difficulties, a Member State may require that adequate and sufficient information regarding substances contained in cosmetic products be made available to the competent authority.
Kingdom of Belgium v Commission of the European Communities.
Date: 1993-05-18
25 It follows from the structure and the arrangement of Article 92 that paragraph 3 makes it possible to derogate, in particular cases, from the prohibition of aid which would otherwise be incompatible. Whether or not it is possible to do so depends on the existence and weight of a number of requirements, in particular social and regional requirements, which merit being taken into consideration and may justify disregarding the incompatibility of the aid.
26 Moreover, Article 92(3)(d) allows the Council, acting by a qualified majority on a proposal from the Commission, to extend the range of aids which may be considered to be compatible with the common market beyond the categories mentioned in subparagraphs (a), (b) and (c).
30 Consequently, the Council, in accordance with the rationale of Article 92(3), first noted that aid to shipbuilding was incompatible with the common market and then took into account a series of economic and social requirements which caused it to make use of its power under the Treaty to consider such aid nevertheless compatible with the common market, provided that it complied with the criteria for derogation contained in the Directive (the second subparagraph of Article 1(d)).
32 Clearly, therefore, compliance with the ceiling at issue is the essential condition for aid to shipbuilding to be regarded as compatible with the common market and, where that ceiling is exceeded, the aid in question is automatically incompatible.
33 In this context, therefore, the Commission' s role is limited to checking that that condition has been observed. If, as the Belgian Government contends, the Commission was further required to reassess the compatibility of the aids, case by case, in relation to the criteria set out in Article 92(1), that would not only deprive the Directive of any effectiveness: it would also be illogical, since any system of derogations necessarily presupposes that the aids referred to are at the outset incompatible with the common market.
36 It should be pointed out that, as the Belgian Government accepts, each of these complaints is closely linked with the principal line of argument concerning the scope of the ceiling. Since that line of argument was rejected above, the Commission cannot be criticized for not carrying out any investigations other than ascertaining whether the ceiling had been respected. Consequently, any need for a statement of the reasons other than the finding that the aid exceeded the ceiling is precluded, as is any obligation to consult the Member State concerned on matters which the Commission was not required to investigate.
Schutzverband gegen Unwesen in der Wirtschaft e.V. v Yves Rocher GmbH.
Date: 1993-05-18
9 Under Article 30 of the Treaty, quantitative restrictions on imports and all measures having equivalent effect are prohibited between Member States. It is settled law that all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade constitute measures having an effect equivalent to quantitative restrictions (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5).
10 The Court has also held that national legislation which restricts or prohibits certain forms of advertising or certain means of sales promotion may, although it does not directly affect imports, be such as to restrict their volume because it affects marketing opportunities for the imported products. To compel an economic operator 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 products and imported products without distinction (see the judgments in Case 286/81 Oosthoek' s Uitgeversmaatschappij [1982] ECR 4575, paragraph 15; Case 382/87 Buet [1989] ECR 1235, paragraph 7; Case C-362/88 GB-INNO-BM [1990] ECR I-667, paragraph 7; and Joined Cases C-1/90 and C-176/90 Aragonesa de Publicidad Exterior and Publivía [1991] ECR I-4151, paragraph 10).
12 However, the Court has consistently held that in the absence of common rules relating to marketing, obstacles to the free movement of goods within the Community resulting from disparities between national laws must be accepted in so far as such rules, applicable to domestic and imported products without distinction, may be justified as being necessary in order to satisfy mandatory requirements relating inter alia to consumer protection or fair trading (see, in particular, GB-INNO-BM, cited above, paragraph 10). Those rules must, however, as the Court has repeatedly held (see, in particular, Buet, cited above, paragraph 11), be proportionate to the goals pursued.