larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v Hellenic Republic.
Date: 1988-09-22
19 Such restrictions on exports of olive oil were admitted by the Greek Government as regards the period from 10 January to 10 June 1985 . For the subsequent period, the Commission refers to complaints made by various Community traders and the Italian Government to the effect that repeated efforts to export and import olive oil in bulk have proved fruitless . At the hearing, the representatives of the Greek Government were unable specifically to refute the allegations made in those complaints . Moreover, the figures produced by the Commission indicate that, with the exception of extra and fine quality virgin olive oil in packs not exceeding five litres, olive oil has been exported only in exceptional cases .
21 It must therefore be held that the Commission has produced sufficient evidence to show that the Greek Government applied restrictions on exports and imports of olive oil . Since the administrative procedures were applied without distinction to the Hellenic Republic' s dealings with Member States and non-member countries, restrictions affecting the latter must be presumed . In those circumstances it was incumbent on the Hellenic Republic to contest substantively and in detail the information produced and the consequences thereof . The Greek Government has not submitted any information to the Court in that respect and therefore the Commission' s allegations must be regarded as substantiated .
Infringement of Articles 30 and 34 of the Treaty
30 The Member States are under a duty, by virtue of Article 5 of the EEC Treaty, to facilitate the achievement of the Commission' s tasks, which consist in particular, pursuant to Article 155 of the EEC Treaty, in ensuring that the provisions of the Treaty and the measures taken by the institutions pursuant thereto are applied . It was for those purposes that the Commission asked for information .
Ministère public v Gérard Deserbais.
Date: 1988-09-22
12 However, it would be incompatible with Article 30 of the Treaty and the objectives of a common market to apply such rules to imported cheeses of the same type where those cheeses have been lawfully produced and marketed in another Member State under the same generic name but with a different minimum fat content . The Member State into which they are imported cannot prevent the importation and marketing of such cheeses where adequate information for the consumer is ensured .
13 The question may arise whether the same rule must be applied where a product presented under a particular name is so different, as regards its composition or production, from the products generally known by that name in the Community that it cannot be regarded as falling within the same category . However, no situation of that kind arises in the circumstances described by the national court in this case .
15 It must be observed that the rules of the Codex Alimentarius on the composition of certain foodstuffs are in fact intended to provide guidance for defining the characteristics of those foodstuffs . However, the mere fact that a product does not wholly conform with the standard laid down does not mean that the marketing of it can be prohibited .
18 Consequently, provided that, as in the present case, the rights of non-member countries are not involved, a Member State cannot rely on the provisions of a pre-existing convention of that kind in order to justify restrictions on the marketing of products coming from another Member State where the marketing thereof is lawful by virtue of the free movement of goods provided for by the Treaty .
Land de Sarre and others v Ministre de l'Industrie, des P et T et du Tourisme and others.
Date: 1988-09-22
11 In that regard, it must be noted that the article appears in Chapter III of the EAEC Treaty, entitled "Health and Safety", the provisions of which form a coherent whole conferring upon the Commission powers of some considerable scope in order to protect the population and the environment against the risks of nuclear contamination .
12 Among the provisions of Chapter III of the EAEC Treaty, Article 37 appears as a provision to which recourse must be had in order to forestall any possibility of radioactive contamination, whereas other provisions, such as Article 38, are applicable where a risk of contamination is imminent or even where contamination has already occurred .
13 In the light of that purpose of Article 37, the guidance which the Commission, assisted by highly qualified groups of experts, can give to the Member State concerned is of very great importance, owing, in particular, to the Commission' s unique overview of developments in the nuclear power industry throughout the territory of the Community .
14 In order to prevent the risk of radioactive contamination, it must therefore be possible for the Commission' s opinion, particularly in those cases where it suggests a modification to the plan or the adoption of safety measures involving collaboration between two or more Member States, to be examined in detail by the Member State concerned, under conditions such that the Commission' s suggestions can still be taken into account by that State, even if it is not legally obliged to conform with the opinion .
15 That requirement is in no way put in doubt by the procedure for cases of urgency provided for in Article 38 of the Treaty, which must be reserved for exceptional circumstances and cannot relieve the Member States of their duty to comply scrupulously with their obligations under Article 37 .
16 Consequently, it must be acknowledged that, where a Member State makes the disposal of radioactive waste subject to authorization, the Commission' s opinion must, in order to be rendered fully effective, be brought to the notice of that State before the issue of any such authorization .
19 Only if Article 37 is interpreted as meaning that the Commission must be provided with general data relating to a plan for the disposal of radioactive waste before definitive authorization for such disposal is granted can that article achieve its purpose . It is to an interpretation to that effect, which is such as to ensure that the provision retains its effectiveness, that preference must be given, in accordance with a line of decided cases ( judgment of 6 October 1970 in Case 9/70 Grad v Finanzamt Traunstein (( 1970 )) ECR 825; judgment of 31 March 1971 in Case 22/70 Commission v Council (( 1971 )) ECR 263; judgment of 5 May 1981 in Case 804/79 Commission v United Kingdom (( 1981 )) ECR 1045 ).
Mads Peder Jensen v Landbrugsministeriet.
Date: 1988-09-22
27 It should be noted that the terms of the provisions under consideration show clearly that where the obligations flowing from the premium scheme are not complied with, the entire amount of the premium paid must be refunded and not merely an amount proportionate to the period during which the undertakings were not complied with .
30 In that regard, it should be emphasized that the system of non-marketing premiums is intended to reduce the surpluses of milk and milk products on the market by encouraging farmers not to market such products for a given period . Viewed in the light of that objective, the rules show that the essential reason in law for the granting and definitive acquisition of the non-marketing premium is the actual cessation of all marketing of the said products during the entire five-year period provided for, with the consequence that any failure, even partial, to comply with such an undertaking makes the grant and continued enjoyment of the premium unjustified and deprives it of its legal basis . The argument alleging a breach of the principle of proportionality cannot therefore be accepted .
Pretura unificata di Torino v X.
Date: 1988-09-22
10 Derogations from the directive are permitted only under the conditions provided for in Articles 9, 10 and 20 thereof . These provisions must be interpreted strictly .
Anna Bergemann v Bundesanstalt für Arbeit.
Date: 1988-09-22
18 As regards the second point, it should be observed, that, according to the ninth recital in the preamble to Regulation No 1408/71, the provisions of Article 71 are intended to guarantee to migrant workers unemployment benefits under the most favourable conditions for seeking new employment .
20 As the Court has held ( see the judgment of 17 February 1977 in Case 76/76, cited above ), this possibility of receiving unemployment benefits in the State of residence is justified for certain categories of workers who retain close ties, in particular of a personal and vocational nature, with the country where they have settled and habitually reside . It is reasonable that workers who have such links with the State in which they reside should be accorded the best conditions in that State for finding new employment .
21 In the light of these considerations, Article 71 ( 1 ) ( b ) ( ii ) must be regarded as applicable to a case, such as the present one, of a worker who has transferred her residence to a State other than the State of employment for family reasons namely, the wish to live with her spouse and their child, in view of the fact that, in such circumstances there can be no doubt that she can enjoy in the State of residence, rather than the State of employment, more favourable conditions for obtaining new employment .
22 Accordingly, in reply to the second point raised by the national court it should be stated that Article 71 ( 1 ) ( b ) ( ii ) of Regulation No 1408/71 is applicable to a worker who, in the course of his last employment, transfers his residence to another Member State for family reasons and who, after that transfer, no longer returns to the State of employment in order to pursue an occupation there .
Cargill BV v Inspecteur der Invoerrechten en Accijnzen.
Date: 1988-09-22
11 It should be recalled that, as the Court stated in its judgment of 11 March 1982 in Case 129/81 Fancon v SIAT (( 1982 )) ECR 967, it follows from the actual wording of heading 23.04 that the term "residue" is not to be confused with that of "waste ". It follows that that heading does not cover all the products which remain after the extraction of a vegetable oil . On the contrary, in order to be covered by that heading they must be products which result directly from the operation of oil extraction and not products which were already to be found in the basic product and did not undergo any change in the course of the oil-extraction process .
A. Ahlström Osakeyhtiö and others v Commission of the European Communities.
Date: 1988-09-27
14 Accordingly, it must be concluded that by applying the competition rules in the Treaty in the circumstances of this case to undertakings whose registered offices are situated outside the Community, the Commission has not made an incorrect assessment of the territorial scope of Article 85 .
15 The applicants have submitted that the decision is incompatible with public international law on the grounds that the application of the competition rules in this case was founded exclusively on the economic repercussions within the common market of conduct restricting competition which was adopted outside the Community .
16 It should be observed that an infringement of Article 85, such as the conclusion of an agreement which has had the effect of restricting competition within the common market, consists of conduct made up of two elements, the formation of the agreement, decision or concerted practice and the implementation thereof . If the applicability of prohibitions laid down under competition law were made to depend on the place where the agreement, decision or concerted practice was formed, the result would obviously be to give undertakings an easy means of evading those prohibitions . The decisive factor is therefore the place where it is implemented .
17 The producers in this case implemented their pricing agreement within the common market . It is immaterial in that respect whether or not they had recourse to subsidiaries, agents, sub-agents, or branches within the Community in order to make their contacts with purchasers within the Community .
18 Accordingly the Community' s jurisdiction to apply its competition rules to such conduct is covered by the territoriality principle as universally recognized in public international law .
United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities.
Date: 1988-09-27
12 In order to determine whether an action for the annulment of the contested act will lie under the first paragraph of Article 173 of the Treaty, it must be borne in mind in the first place that, according to the established case-law of the Court, the nature of the act in question must be considered rather than its form . In particular, an action for annulment may not be brought if the act in question is not intended to have legal effects .
13 It appears from the documents before the Court that in this case the contested act reflects the intention of the Commission, or of one of its departments, to follow a particular line of conduct with regard to the establishment of restricted lists of candidates for the service contracts in question . However, it is not the announcement of that intention but the drawing-up of the lists themselves which is capable of having legal effects, in so far as it may result in the omission of certain undertakings from those lists and thus deprive them of the possibility of participating in the contracts in question .
Hellenic Republic v Council of the European Communities.
Date: 1988-09-27
16 It must be borne in mind in that regard that, as the Court held in its judgment of 3 July 1986 in Case 34/76 Council v European Parliament (( 1986 )) ECR 2155, the problems regarding the delimitation of non-compulsory expenditure in relation to compulsory expenditure are the subject of an inter-institutional conciliation procedure set up by the Joint Declaration of the European Parliament, the Council and the Commission of 30 June 1982, and are capable of being resolved in that context . Indeed the operation of the budgetary procedure, as it is laid down in the financial provisions of the Treaty, is based essentially on inter-institutional dialogue . That dialogue is subject to the same mutual duties of sincere cooperation which, as the Court has held, govern relations between the Member States and the Community institutions ( see the judgment of 10 February 1983 in Case 230/81 Luxembourg v European Parliament (( 1983 )) ECR 255 ).
17 It should be added that, as far as the classification of expenditure is concerned, the Community institutions possess a discretionary power which, however, is limited by the separation of powers, as laid down in the Treaty, between the institutions . The Court must therefore make sure that in the context of inter-institutional cooperation the institutions do not ignore the rules of law and do not exercise their discretionary power in a manifestly wrong or arbitrary way .
20 In contrast, the fact that those negotiations resulted in Decision No 2/80 of the Association Council indicates that the Community' s offer "to grant Turkey exceptional aid totalling 75 million European units of account" was accepted by Turkey . 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 . Under those circumstances, there is nothing in the documents before the Court to suggest that the classification of the special aid as compulsory expenditure is vitiated by an error of law or a manifest error of assessment .
Belgian State v René Humbel and Marie-Thérèse Edel.
Date: 1988-09-27
17 The essential characteristic of remuneration thus lies in the fact that it constitutes consideration for the service in question, and is normally agreed upon between the provider and the recipient of the service .
18 That characteristic is, however, absent in the case of courses provided under the national education system . First of all, the State, in establishing and maintaining such a system, is not seeking to engage in gainful activity but is fulfilling its duties towards its own population in the social, cultural and educational fields . Secondly, the system in question is, as a general rule, funded from the public purse and not by pupils or their parents .
19 The nature of the activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system . A fortiori, the mere fact that foreign pupils alone are required to pay a minerval can have no such effect .
O. Lenoir v Caisse d'allocations familiales des Alpes-Maritimes.
Date: 1988-09-27
10 However, Article 77 ( 1 ) of Regulation No 1408/71 provides that "the term 'benefits' , for the purposes of this article, shall mean family allowances for persons receiving pensions ...". It thus gives a definition of "benefits" for the purposes of that article which corresponds to the definition of the family "allowances" referred to in Article 1 ( u ) ( ii ) of the same regulation, which defines family allowances according to the exclusive criterion of the number and, where appropriate, the age of the members of the family .
11 It must therefore be stated in reply to the question submitted by the national court that Article 77 of Regulation No 1408/71, as contained in Annex I to Council Regulation No 2001/83 of 2 June 1983, must be interpreted as giving a person entitled to family benefits who is a national of a Member State and resides in the territory of another Member State entitlement to payment by the social security institutions of his country of origin only of "family allowances", to the exclusion of other family benefits such as the "rentrée scolaire" allowance and the "salaire unique" allowance provided for by French legislation .
13 That argument cannot be upheld . As the Court held in its judgment of 15 January 1986 in Case 41/84 Pinna v Caisse d' allocations familiales de la Savoie (( 1986 )) ECR 1, Article 51 of the Treaty provides for the coordination, not the harmonization, of the legislation of the Member States . As a result, Article 51 leaves in being differences between the Member States' social security systems and, consequently, in the rights of persons working in the Member States . It follows that substantive and procedural differences between the social security systems of the Member States, and hence in the rights of the persons working in the Member States, are unaffected by Article 51 of the Treaty .
16 The provision of Article 77 of Regulation No 1408/71 at issue is a rule of general scope which applies without distinction to all nationals of the Member States and is based on objective criteria concerning the nature of the benefits in question and the conditions for granting them . If the legislation of the Member State by which the pension is payable grants periodical cash benefits to the recipient' s family exclusively by reference to the number and, where appropriate, the age of the members of the family, the grant of such benefits continues to be justified wherever the recipient and his family reside . By contrast, benefits of another kind or subject to other conditions, as in the case, for example, of a benefit intended to cover certain costs incurred at the beginning of the school year, are in most cases closely linked with the social environment and therefore with the place where the persons concerned reside .
Commission of the European Communities v Kingdom of Belgium.
Date: 1988-09-27
7 As regards the first submission, it should be stressed that the Court has already held that conditions of access to vocational training fall within the scope of the Treaty ( judgment of 13 February 1985 in Case 293/83 Gravier (( 1985 )) ECR 593 ).
8 In this respect, it should be noted that the legislation in question, in so far as it limits, in the manner described above, the financing of vocational higher education establishments, has the direct effect of excluding, in practice, students who are nationals of other Member States from such vocational training once the quota of 2% is attained, whereas such a restriction is not provided for in respect of Belgian students . Consequently this restriction constitutes discrimination on grounds of nationality prohibited under Article 7 of the Treaty .
10 As far as the second submission is concerned, it is sufficient to observe that, according to Article 12 ( 1 ) of Regulation 1612/68, "the children of a national of a Member State who is or who has been employed in another Member State shall be admitted to that State' s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State, if such children are residing in its territory ." This entitlement to equality of treatment continues to operate in favour of the children of a deceased migrant worker, as is made clear in Regulation No 1251/70 by the combined provisions of Articles 7 and 3 thereof .
Asteris AE and others v Hellenic Republic and European Economic Community.
Date: 1988-09-27
14 The Court of Justice has exclusive jurisdiction only where the action seeks compensation for alleged damage attributable to the Community, which is bound, under the second paragraph of Article 215 of the EEC Treaty, to make good, in accordance with the general principles common to the laws of the Member States, any damage caused by its institutions or by its servants in the performance of their duties . Pursuant to Article 178, it is the Court of Justice, to the exclusion of any national court, which has jurisdiction to determine such liability ( judgment of 14 January 1987 in Case 281/84 Zuckerfabrik Bedburg v Commission and Council (( 1987 )) ECR 49, at p . 84 ).
15 It must therefore be stated in reply to the first question that the Court has exclusive jurisdiction pursuant to Article 178 of the EEC Treaty to hear actions for compensation brought against the Community under the second paragraph of Article 215 of the EEC Treaty . However, national courts retain jurisdiction to hear claims for compensation for damage caused to individuals by national authorities in implementing Community law .
The second question