larimo/cjeu-paragraph-retrieval huggingface dataset:
Annunziata Matteucci v Communauté française of Belgium and Commissariat général aux relations internationales of the Communauté française of Belgium.
Date: 1988-09-27
16 That argument cannot be accepted . By providing that a worker who is a national of a Member State is to enjoy, in the territory of other Member States, the same social advantages as national workers, Article 7 ( 2 ) of Regulation No 1612/68 lays down a general rule which imposes responsibility in the social sphere on each Member State with regard to every worker who is a national of another Member State and established in its territory as far as equality of treatment with national workers is concerned . Consequently, where a Member State gives its national workers the opportunity of pursuing training provided in another Member State, that opportunity must be extended to Community workers established in its territory .
19 The Italian Government' s argument must be accepted . Article 5 of the Treaty provides that the Member States must take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty . If, therefore, the application of a provision of Community law is liable to be impeded by a measure adopted pursuant to the implementation of a bilateral agreement, even where the agreement falls outside the field of application of the Treaty, every Member State is under a duty to facilitate the application of the provision and, to that end, to assist every other Member State which is under an obligation under Community law .
21 It must be observed in that connection that Article 234 of the Treaty relates to agreements concluded between one or more Member States on the one hand, and one or more third countries on the other; therefore it is not concerned with agreements concluded solely between Member States .
22 Moreover, the Court has consistently held ( see in particular the judgment of 27 February 1962 in Case 10/61 Commission v Italy (( 1962 )) ECR 1 ) that, in matters governed by the EEC Treaty, that Treaty takes precedence over agreements concluded between Member States before its entry into force .
European Parliament v Council of the European Communities.
Date: 1988-09-27
16 There is no necessary link between the action for annulment and the action for failure to act . This follows from the fact that the action for failure to act enables the European Parliament to induce the adoption of measures which cannot in all cases be the subject of an action for annulment . Thus, as is shown by the judgment of 12 July 1988 in Case 377/87 European Parliament v Council (( 1988 )) ECR , as long as a draft budget has not been presented by the Council, the European Parliament can obtain a judgment establishing the Council' s failure to act, whereas the draft budget, which is a preparatory measure, could not be challenged under Article 173 .
Brother Industries Ltd v Commission of the European Communities.
Date: 1988-10-05
6 In those circumstances, and in view of the fact that the amounts secured by the provisional anti-dumping duty were collected, pursuant to Article 2 of Regulation No 1698/85, at the rate of duty definitively imposed, which in the case of Brother was lower than the rate set provisionally, it must be held that Brother cannot rely on any legal effect resulting from Regulation No 3643/84 .
Brother Industries Ltd v Council of the European Communities.
Date: 1988-10-05
12 The documents before the Court do not support Brother' s allegation that domestic sales, taken into consideration in order to determine the normal value of its products, did not exceed the threshold of negligible sales . That is true only if the threshold of negligible domestic sales were fixed at the figure advocated by Brother of 5% of total exports to all destinations taken together, but such an approach has never been adopted by the Community institutions, which in this case referred to 5% of total exports to the Community .
13 As regards the argument relating to reference to the United States practice in such matters, it should be noted that the attitude of one of its trading partners, even a major partner, does not suffice to oblige the Community to follow the same course .
15 It should be observed that the use of a related distributor' s resale prices is justified since those prices can rightly be regarded as the prices of the first sale of the product in the ordinary course of trade . Brother markets its products on the domestic market through a distribution company which it controls financially and to which it entrusts tasks that are normally the responsibility of an internal sales department of the manufacturing organization .
16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity .
17 As for the models whose normal value was constructed, Brother contends that the administrative, general and other expenses should have been calculated on the assumption that the product was to be exported .
18 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .
Tokyo Electric Company Ltd (TEC) and others v Council of the European Communities.
Date: 1988-10-05
29 There would be discrimination if expenses necessarily included in the selling price of a product when it was sold by a sales department forming part of the manufacturer' s organization were not included when that product was sold by a company which, although financially controlled by the manufacturer, was a legally distinct entity .
33 Article 2 ( 3 ) ( b ) ( ii ), according to which a "reasonable amount" for SGA expenses must be included in the constructed normal value, allows the Community institutions a margin of discretion in evaluating that amount . An interpretation to the effect that the SGA expenses cannot be determined by reference to the expenses incurred by a subsidiary company selling products other than electronic typewriters would deprive the institutions of any information indicative of the amount of those expenses . TEC has produced no evidence to indicate that the SGA expenses relating to the sale of other electronic products cannot provide valid guidance for calculation of SGA expenses incurred in respect of sales of electronic typewriters .
Silver Seiko Limited and others v Council of the European Communities.
Date: 1988-10-05
14 In view of those findings, it must be concluded that by taking into consideration the sales subsidiary' s prices it is possible to ensure that costs which manifestly form part of the selling price of a product where the sale is made by an internal sales department of the manufacturing organization are not left out of account where the same selling activity is carried out by a company which, despite being financially controlled by the manufacturer, is a legally distinct entity .
16 As regards the first argument, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .
17 As regards calculation of the profit margin, it must be observed that, contrary to Silver Seiko' s opinion, the institutions were not under any obligation to choose as "the reasonable margin of profit", within the meaning of Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, the profit margin of the manufacturer ( Silver Seiko Ltd ) rather than that of its sales subsidiary in Japan ( Silver Business Machines ) and were fully entitled to adopt for that purpose the combined profit margins of the two companies . In fact, as already pointed out, those two companies constituted a single economic entity .
Canon Inc. and others v Council of the European Communities.
Date: 1988-10-05
26 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .
Sharp Corporation v Council of the European Communities.
Date: 1988-10-05
8 It must be pointed out in the first place that, under Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, in constructing the normal value the addition for profit should "as a general rule, and provided that a profit is normally realized on sales of products of the same general category on the domestic market of the country of origin ... not exceed such normal profit ". Nothing in that provision precludes the use of the profit normally realized by a company other than the one to which the anti-dumping investigation relates as the "reasonable margin of profit ".
Société alsacienne et lorraine de télécommunications et d'électronique (Alsatel) v SA Novasam.
Date: 1988-10-05
8 It is apparent from the documents before the Court that in this case the national court, which alone is competent under the system established by Article 177 to assess the relevance of questions concerning the interpretation of Community law in order to resolve the dispute before it, has refused by implication, inasmuch as it has referred only to Article 86 in its question, to seek from the Court a ruling on the interpretation of Article 85 of the Treaty, notwithstanding an express request to that effect made by the defendant during the main proceedings .
Technointorg v Commission and Council of the European Communities.
Date: 1988-10-05
12 In that regard it must be stated that, in view of the fact that the amounts secured by way of provisional anti-dumping duty have been collected, by virtue of Article 2 of the definitive regulation, at the rate of the duty definitively imposed, Technointorg cannot rely on any legal effect arising from the provisional regulation .
29 It should be stated in the first place that Article 2 ( 5 ) of Regulation No 2176/84 provides that, in the case of imports from non-market economy countries, the normal value is to be determined in an appropriate and not unreasonable manner on the basis of : ( a ) the price at which the like product of a market economy third country is actually sold, ( b ) the constructed value of the like product in a market economy third country or ( c ) if neither of those criteria provides an adequate basis, the price actually paid or payable in the Community for the like product, duly adjusted, if necessary, to include a reasonable profit margin . The aim of that provision is to prevent account from being taken of prices and costs in non-market economy countries which are not normally the result of market forces .
Gérard de Szy-Tarisse and Yvette Feyaerts v Commission of the European Communities.
Date: 1988-10-05
26 As far as Mr Szy-Tarisse is concerned, it must be pointed out that, according to a line of cases decided by the Court, the appointing authority has a wide discretion, within the limits laid down by Article 31 and the second paragraph of Article 32 of the Staff Regulations or by the internal decisions implementing those articles, in assessing the previous experience of a person recruited as an official, both as regards the nature and length of that experience and as regards the extent to which it meets the requirements of the post to be filled .
Consorzio italiano della componentistica di ricambio per autoveicoli and Maxicar v Régie nationale des usines Renault.
Date: 1988-10-05
11 It should then be noted that the authority of a proprietor of a protective right in respect of an ornamental model to oppose the manufacture by third parties, for the purposes of sale on the internal market or export, of products incorporating the design or to prevent the import of such products manufactured without its consent in other Member States constitutes the substance of his exclusive right . To prevent the application of the national legislation in such circumstances would therefore be tantamount to challenging the very existence of that right .
Udo Steymann v Staatssecretaris van Justitie.
Date: 1988-10-05
9 It must be observed in limine that, in view of the objectives of the European Economic Community, participation in a community based on religion or another form of philosophy falls within the field of application of Community law only in so far as it can be regarded as an economic activity within the meaning of Article 2 of the Treaty .
10 As the Court held in its judgment of 14 July 1976 in Case 13/76 Donà v Mantaro (( 1976 )) ECR 1333, the pursuit of an activity as an employed person or the provision of services for remuneration must be regarded as an economic activity within the meaning of Article 2 of the Treaty .
13 However, it must be observed, as the Court held in its judgment of 23 March 1982 in Case 53/81 Levin v Staatssecretaris van Justitie (( 1982 )) ECR 1035, that the work must be genuine and effective and not such as to be regarded as purely marginal and ancillary . In this case the national court has held that the work was genuine and effective .
14 Accordingly, the answer given to the first question must be that Article 2 of the EEC Treaty must be interpreted as meaning that activities performed by members of a community based on religion or another form of philosophy as part of the commercial activities of that community constitute economic activities in so far as the services which the community provides to its members may be regarded as the indirect quid pro quo for genuine and effective work .
The second and third questions
16 In that connection, the Netherlands Government and the Commission rightly observed that Articles 59 and 60 of the Treaty do not apply in such a case . It is clear from the actual wording of Article 60 that an activity carried out on a permanent basis or, in any event, without a foreseeable limit to its duration does not fall within the Community provisions concerning the provision of services . On the other hand, such activities may fall within the scope of Articles 48 to 51 or Articles 52 to 58 of the Treaty, depending on the case .
17 Consequently, the answer given to the second and third questions must be that Articles 59 and 60 of the Treaty do not cover the situation where a national of a Member State goes to reside in the territory of another Member State and establishes his principal residence there in order to provide or receive services there for an indefinite period .
Remo Padovani and the successors of Otello Mantovani v Amministrazione delle finanze dello stato.
Date: 1988-10-05
6 The Council later adopted Regulation ( EEC ) 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 ). The purpose of that regulation is, inter alia, to limit, for reasons of legal certainty, the possibility for the national authorities to take legal action to recover Community duties after clearance .
AB Volvo v Erik Veng (UK) Ltd.
Date: 1988-10-05
7 It must first be observed, as the Court held in its judgment of 14 September 1982 in Case 144/81 Keurkoop v Nancy Kean Gifts (( 1982 )) ECR 2853 with respect to the protection of designs and models, that, as Community law stands at present and in the absence of Community standardization or harmonization of laws, the determination of the conditions and procedures under which protection of designs and models is granted is a matter for national rules . It is thus for the national legislature to determine which products are to benefit from protection, even where they form part of a unit which is already protected as such .
8 It must also be emphasized that the right of the proprietor of a protected design to prevent third parties from manufacturing and selling or importing, without its consent, products incorporating the design constitutes the very subject-matter of his exclusive right . It follows that an obligation imposed upon the proprietor of a protected design to grant to third parties, even in return for a reasonable royalty, a licence for the supply of products incorporating the design would lead to the proprietor thereof being deprived of the substance of his exclusive right, and that a refusal to grant such a licence cannot in itself constitute an abuse of a dominant position .
9 It must however be noted that the exercise of an exclusive right by the proprietor of a registered design in respect of car body panels may be prohibited by Article 86 if it involves, on the part of an undertaking holding a dominant position, certain abusive conduct such as the arbitrary refusal to supply spare parts to independent repairers, the fixing of prices for spare parts at an unfair level or a decision no longer to produce spare parts for a particular model even though many cars of that model are still in circulation, provided that such conduct is liable to affect trade between Member States .
Bayernwald Früchteverwertung GmbH v Federal Republic of Germany.
Date: 1988-10-18
18 It should be noted that the purpose of Article 4 ( 2 ) of Regulation No 1530/78 is, according to the preamble to the regulation, to ensure the smooth operation of the system of aid in all the Member States and to set up a uniform system of supervision to achieve that purpose . That supervision should enable the competent national authorities to check that the substantive conditions for the grant of aid, as laid down in the basic regulation, have been met . That check is justification for the requirement to keep stock accounts in order to qualify for the aid .
19 It should also be noted that the records which are kept in order to comply with the requirement to keep stock accounts must include, as an indispensable minimum, all the information listed in Article 4 ( 2 ), and be accompanied by supporting documents . If the indispensable minimum information is not present, the requirement to keep a stock account cannot be regarded as having been met . However, if any doubt exists as to the accuracy of certain entries in the stock account, Article 4 ( 2 ) does not preclude the use of other additional documents in order to remove those doubts .
20 Therefore the answer to the question must be that Article 4 ( 2 ) of Commission Regulation No 1530/78 must be interpreted as meaning that the keeping of a stock account, containing all the information mentioned in the provision, constitutes a condition for the grant of the production aid provided for in Council Regulation No 516/77, and that any doubts as to the accuracy of certain entries in that stock account may be resolved by reference to other additional documents .
Question ( b )
Commission of the European Communities v French Republic.
Date: 1988-10-25
13 The exception provided for in Article 2 ( 3 ) refers in particular to the situations of pregnancy and maternity . In its judgment of 12 July 1984 in Case 184/83 Hofmann v Barmer Ersatzkasse (( 1984 )) ECR 3047, the Court held that the protection of women in relation to maternity is designed to protect the special relationship between a woman and her child over the period which follows pregnancy and childbirth, by preventing that relationship from being disturbed by the multiple burdens which would result from the simultaneous pursuit of employment .
14 It must be concluded, both from the generality of the terms used in the French legislation, which allows any clause providing "special rights for women" to remain in force, and from the examples of such special rights which have been cited in the pleadings, that the contested provisions cannot find justification in Article 2 ( 3 ). As some of those examples show, some of the special rights preserved relate to the protection of women in their capacity as older workers or parents - categories to which both men and women may equally belong .
15 The exception provided for in Article 2 ( 4 ) is specifically and exclusively designed to allow measures which, although discriminatory in appearance, are in fact intended to eliminate or reduce actual instances of inequality which may exist in the reality of social life . Nothing in the papers of the case, however, makes it possible to conclude that a generalized preservation of special rights for women in collective agreements may correspond to the situation envisaged in that provision .
Commission of the European Communities v Hellenic Republic.
Date: 1988-11-15
11 In that connection it should be recalled that, under Article 169 of the Treaty, the Commission may not bring an action before the Court for a declaration that a Member State has failed to fulfil its obligations until it has given that Member State the opportunity of submitting its observations .
12 It should also be recalled that the Court has consistently held that, at the pre-litigation stage of proceedings for failure of a State to fulfil its obligations, the purpose of the letter of formal notice is to delimit the subject-matter of the dispute and to indicate to the Member State, which is invited to submit its observations, the factors enabling it to prepare its defence .
Naturally Yours Cosmetics Limited v Commissioners of Customs and Excise.
Date: 1988-11-23
11 According to the judgment of 5 February 1981 in Case 154/80 Staatssecretaris van Financïen v Cooeperatieve Aardappelenbewaarplaats (( 1981 )) ECR 445, the basis of assessment for a service is everything which makes up the consideration for the service; there must therefore be a direct link between the service provided and the consideration received if the supply of a service is to be taxable under the Second Directive .
12 Such a direct link must also exist between the supply of goods and the consideration received within the meaning of Article 11 A 1 ( a ) of the Sixth Directive .
16 From the aforesaid judgment of 5 February 1981 it is clear firstly that the consideration must be capable of being expressed in monetary terms and, secondly, that it is a subjective value, since the basis of assessment is the consideration actually received and not a value estimated according to objective criteria .
Natalino Ventura v Landesversicherungsanstalt Schwaben.
Date: 1988-12-14
14 In the first place, according to the interpretation of the provisions of Chapter 8 of Regulation No 1408/71 given by the Court in its judgments of 9 July 1980 in Case 807/79 Gravina (( 1980 )) ECR 2205 and of November 1983 in Case 320/82 D' Amario (( 1983 )) ECR 3811, which the defendant in the main proceedings sought to apply by a new decision of 2 March 1984, where a deceased father was subject to the legislation of more than one Member State, entitlement to an orphan' s pension acquired under the legislation of the Member State which is competent according to those provisions does not extinguish entitlement to higher orphans' benefits under the legislation of another Member State alone . Where the amount of the benefits which were actually received or should have been received in the first Member State is less than that of the benefits provided for by the legislation of the other Member State alone, the orphan is entitled to a supplement from the competent institution of the latter State equal to the difference between the two amounts .