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		European - From: 1993 To: 1993 This page lists 314 cases, and was prepared on 27 May 2018. Â Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others [1993] IRLR 104; [1993] ICR 720 1993 QBD Glidewell LJ, Hidden J Employment, European British Coal Corporation had decided to close 31 deep mine collieries. The court was asked as to just what consultation obligations fell on the employer under the 1946 Act. Held: The section did create an obligation to consult. Glidewell LJ, made obiter comments on the similar consultation duties under section 188 of the 1992 Act: "In my judgment, this section does not require a consultation about the reason for the redundancy, including whether or not a plant should close. " As to article 2 of the Directive, he said: "By Article 2(2) the scope of the consultations is in part defined. In my view the fact that consultations are to begin as soon as the employer contemplates redundancies and that they are to include ways and means of avoiding redundancies indicates that the Directive is to be interpreted as including consultation on ways of avoiding redundancies by not closing the particular establishment, if that is what the employer has in mind." Section 188 was therefore not consistent with the Directive: "In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same meaning as the Directive. I say this because in the Directive consultation is to begin as soon as an employer contemplates redundancies, whereas under the Act of 1992 it only needs to begin when he proposes to dismiss as redundant an employee. The verb "proposes" in its ordinary usage relates to a state of mind which is much more certain and further along the decision-making process than the verb "contemplates;" in other words, the Directive envisages consultation at an early stage when the employer is first envisaging the possibility that he may have to make employees redundant. Section 188 applies when he has decided that, whether because he has to close a plant or for some other reason, it is his intention, however reluctant, to make employees redundant. Moreover, section 188 of the Act 1992 contains no words equivalent to those contained in Article 2 (2) of Directive (75/129/EEC)." Coal Industry (Nationalisation) Act 1946 46 - Council Directive of 24 June 1992 92/56/EEC - Trade Union and Labour Relations (Consolidation) Act 1992 188(2)(a) 189 1 Citers Â Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy [1993] ICR 720 1993 QBD Glidewell LJ, Hidden J European, Employment Glidewell LJ considered the significance of the difference between the wording of the EC Directive, and the section implementing it and said: "In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same meaning as the Directive. I say this because in the Directive consultation is to begin as soon as an employer contemplates redundancies, whereas under the Act of 1992 it only needs to begin when he proposes to dismiss as redundant an employee. The verb "proposes" in its ordinary usage relates to a state of mind which is much more certain and further along the decision-making process than the verb "contemplates;" in other words, the Directive envisages consultation at an early stage when the employer is first envisaging the possibility that he may have to make employees redundant. Section 188 applies when he has decided that, whether because he has to close a plant or for some other reason, it is his intention, however reluctant, to make employees redundant. Moreover, section 188 of the Act 1992 contains no words equivalent to those contained in Article 2 (2) of Directive (75/129/EEC)." EC Directive (75/129/EEC) 2(2) - Trade Union and Labour Relations (Consolidation) Act 1996 188 1 Citers Â Regina v International Stock Exchange, ex parte Else (1982) Ltd [1993] QB 534 1993 CA Sir Thomas Bingham MR European, Litigation Practice The court gave guidance on the circumstances under which questions should be referred to the European Court of Justice. 1 Citers Â SPO and others v Commission (Rec 1993,p II-1) T-29/92 12 Jan 1993 ECFI European Â Commission v France (Rec 1993,p I-1) (Judgment) C-293/91; [1993] EUECJ C-293/91 13 Jan 1993 ECJ European [ Bailii ] Â Bioforce v Oberfinanzdirektion Munchen C-177/91; [1993] EUECJ C-177/91; [1993] ECR I-45 14 Jan 1993 ECJ European, VAT Europa The Common Customs Tariff must be interpreted as meaning that an extract of hawthorn with added alcohol, entitled "Weissdorn-Tropfen" (hawthorn drops), must be classified under heading 30.04 of the Combined Nomenclature. Taken in appropriate doses determined by medical prescription, that product has clearly defined therapeutic and above all prophylactic characteristics, the effect of which is concentrated on precise functions of the human organism, namely the cardiac, circulatory and neuro-vegetative functions. Moreover, the alcohol contained in the product in question, however high the percentage may be, far from changing its nature, acts on the contrary as an adjuvant, a preservative and a vehicle for its active principles. 1 Citers [ Bailii ] Â F v Commission (Rec 1993,p II-13) T-88/91; [1993] EUECJ T-88/91 14 Jan 1993 ECFI European [ Bailii ] Â Lante v Regione di Veneto (Rec 1993,p I-67) (Judgment) C-190/91; [1993] EUECJ C-190/91 14 Jan 1993 ECJ European [ Bailii ] Â Loic Lallemand-Zeller v Commission of the European Communities T-92/92; [1993] EUECJ T-92/92 14 Jan 1993 ECFI European, Legal Aid ECJ Procedure - Time-limit for bringing proceedings - Application for legal aid - Lodging of the application without the assistance of a lawyer within the time prescribed for bringing proceedings but prior to the initiation of proceedings - Suspension of the time-limit for bringing proceedings - (Rules of Procedure of the Court of First Instance, Art. 94) The lodging of an application for legal aid without the assistance of a lawyer, within the time prescribed for bringing proceedings but prior to the initiation of proceedings, prevents time from running until the applicant is served with the order of the Court. [ Bailii ] Â Italsolar v Commission (Rec 1993,p I-9) (Judgment) C-257/90; [1993] EUECJ C-257/90 14 Jan 1993 ECJ European [ Bailii ] Â Commission v Portugal (Rec 1993,p I-95) (Judgment) C-361/90; [1993] EUECJ C-361/90 19 Jan 1993 ECJ European [ Bailii ] Â Caves Neto Costa v Ministro do Comercio e Turismo and Secretario de Estado do Comercio Externo (Rec 1993,p I-117) (Judgment) C-76/91; [1993] EUECJ C-76/91 19 Jan 1993 ECJ European [ Bailii ] Â Â Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH; ECJ 19-Jan-1993 - C-89/91; [1993] EUECJ C-89/91; [1993] ECR 1-139 Â Commission v Italy (Rec 1993,p I-191) (Judgment) C-101/91; [1993] EUECJ C-101/91 19 Jan 1993 ECJ European [ Bailii ] Â Emerald Meats v Commission (Rec 1993,p I-209) (Judgment) C-106/90; [1993] EUECJ C-106/90 20 Jan 1993 ECJ European [ Bailii ] Â Advanced Nuclear Fuels v Commission (Rec 1993,p I-309) (Judgment) C-308/90; [1993] EUECJ C-308/90 21 Jan 1993 ECJ European [ Bailii ] Â Deutsche Shell v Hauptzollamt Hamburg-Harburg (Rec 1993,p I-363) (Judgment) C-188/91; [1993] EUECJ C-188/91 21 Jan 1993 ECJ European [ Bailii ] Â Werner v Finanzamt Aachen-Innenstadt C-112/91; [1993] EUECJ C-112/91 26 Jan 1993 ECJ European [ Bailii ] Â Telemarsicabruzzo and others v Circostel and others (Rec 1993,p I-393) (SV93-1) (Judgment) C-320/90; [1993] EUECJ C-320/90 26 Jan 1993 ECJ European [ Bailii ] Â Miethke v Parliament (Rec 1993,p I-473) (Order) C-25/92; [1993] EUECJ C-25/92 27 Jan 1993 ECJ European [ Bailii ] Â Piette de Stachelski v Commission (Rec 1993,p II-35) T-53/92; [1993] EUECJ T-53/92 28 Jan 1993 ECFI European [ Bailii ] Â Wery v Parliament (Rec 1993,p II-45) T-86/91; [1993] EUECJ T-86/91 29 Jan 1993 ECFI European [ Bailii ] Â Moat v Commission (Rec 1993,p I-481) (Order) C-318/92; [1993] EUECJ C-318/92P 1 Feb 1993 ECJ European [ Bailii ] Â Veronica Omroep Organisatie v Commissariaat voor de Media (Rec 1993,p I-487) (SV93-17) (Judgment) C-148/91; [1993] EUECJ C-148/91 3 Feb 1993 ECJ European [ Bailii ] Â Iacobelli v INAMI (Rec 1993,p I-523) (Judgment) C-275/91; [1993] EUECJ C-275/91 3 Feb 1993 ECJ European [ Bailii ] Â Stagakis v Parliament T-101/92; [1993] EUECJ T-101/92 8 Feb 1993 ECFI European ECJ The reason for the requirement that the lawyer acting for a party lodge at the Registry a certificate of entitlement to practise before a court of a Member State, which is laid down by Article 44(3) of the Rules of Procedure of the Court of First Instance, and which is one of the conditions for the regularity of the application, is to enable the Community court to check compliance with Article 17 of the EEC Statute of the Court of Justice, pursuant to which parties other than Member States must be represented by a lawyer entitled to practise before a court of a Member State. This requirement therefore constitutes an essential procedural requirement, failure to observe which within the time prescribed for the party concerned to put his application in order renders it inadmissible. [ Bailii ] Â Raiola-Denti and others v Council T-22/91; [1993] EUECJ T-22/91 11 Feb 1993 ECFI European ECJ A selection board may not depart from the terms of the notice of competition with respect either to the purpose of the tests or to their nature and, as regards the order in which the candidates are short-listed, it may not award an overall mark instead of adding the marks awarded for the different tests since, by so doing, it fails to fulfil its obligations to comply with the method of marking the tests laid down by the notice of competition and to state the reasons for its decisions. The absence of a statement of reasons for the selection board' s decision resulting from its failure to undertake the marking of the tests in accordance with the notice of competition also has the effect of preventing review by the Court of the influence on the results of the competition of the selection board' s application, contrary to the notice of competition, of an extraneous criterion to test the abilities of the candidates. In the event of such irregularities, the Court must annul all steps taken by the selection board from the point at which those irregularities first occurred. [ Bailii ] Â Textilveredlungsunion v Hauptzollamt Nurnberg-Furth C-291/91; [1993] EUECJ C-291/91 11 Feb 1993 ECJ European ECJ (Judgment) Article 3(2) of Regulation No 1999/85 on inward processing relief arrangements, read in conjunction with Article 3(7) of the implementing regulation, Regulation No 3677/86, must be interpreted as meaning that where, in the context of a job processing contract between a principal and an operator, both of whom are established within the Community, for the processing of non-Community goods, the operator submits the application for authorization to the competent customs authorities, that application must be submitted on behalf of the principal. The competent customs authority must be able to seek from the principal evidence that the economic conditions to which the issue of authorization is subject have been fulfilled and every guarantee which it considers necessary to that end. Regulation No 1999/85 3(2) [ Bailii ] Â Cebag v Commission C-142/91; [1993] EUECJ C-142/91 11 Feb 1993 ECJ European ECJ (Judgment) 1. Pursuant to Regulation No 3972/86 on food-aid policy and food-aid management, such aid is supplied on the basis of contractual undertakings between the Commission and the successful tenderers. The relationship between successful tenderers and the Commission cannot be held to be governed entirely by regulatory provisions, particularly in view of the fact that the price of the supplies is a function of the tenderer' s bid and its acceptance by the Commission. Since the regulations forming the basis for a tendering procedure provide for supplies to be effected pursuant to Regulation No 2200/87 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid, a clause referred to in Article 23 of that regulation, whereby the Court is competent to judge any dispute resulting from the carrying out, or the failure to carry out, or from the interpretation of provisions concerning supply operations pursuant to the said regulation, forms an integral part of supply contracts and must therefore be regarded as an arbitration clause within the meaning of Article 181 of the Treaty. 2. Regulation No 2200/87 laying down general rules on the mobilization in the Community of products to be supplied as Community food aid does not allow the Commission to make deductions for late delivery from payment for the supply of food aid. The fact that, prior to the Court declaring such practice illegal, a tenderer did not object to the deductions made by the Commission may not serve as justification, in the absence of waiver or time-limitation, for a refusal to refund the deductions and pay interest as provided for in the said regulation. Regulation No 3972/86 [ Bailii ] Â ENU v Commission C-107/91; [1993] EUECJ C-107/91 16 Feb 1993 ECJ European ECJ 1. Under the second paragraph of Article 53 of the EAEC Treaty, any implied or express act adopted by the Supply Agency established by that Treaty, in the exercise of its right of option or its exclusive right to conclude contracts for the supply of ores and nuclear fuels, may be referred by any concerned party to the Commission, which must take a decision within a period of one month. Even though addressed to the Agency, such a decision is of direct and individual concern, within the meaning of the second paragraph of Article 146 of the Treaty, to the person who has referred it to the Commission, with the result that if the Commission fails to take a decision, the person concerned must be given judicial protection for the right he has, under the second paragraph of Article 53, to bring the matter before the Court by way of an action under Article 148 of the Treaty for failure to act. The request for action which that provision requires may be addressed to the Commission at the same time as the decision of the Agency is referred to it under the second paragraph of Article 53. 2. Where a uranium-producing undertaking which has problems in disposing of its production has requested the Supply Agency established by the EAEC Treaty to exercise its right of option under Article 57 of the Treaty and has received no reply other than an assurance that efforts will be made to find a solution to its problem, this must be treated as an implied refusal on the part of the Agency. Once that refusal had been referred to it under the second paragraph of Article 53 of the Treaty, the Commission was under an obligation to take a decision within a period of one month. Having failed to do so, it was in breach of that provision. [ Bailii ] Â Poucet and Pistre v AGF and Cancava (Judgment) C-159/91; [1993] EUECJ C-159/91 17 Feb 1993 ECJ European Interpretation of Articles 85 and 86 of the EEC Treaty - Concept of undertaking - Organization charged with the managment of a special social security scheme - National legislation attributing a dominant position to such an organization. [ Bailii ] Â Commission v Belgium (Rec 1993,p I-673) (Judgment) C-173/91; [1993] EUECJ C-173/91 17 Feb 1993 ECJ European [ Bailii ] Â Gobbis v Landesversicherungsanstalt Schwaben (Rec 1993,p I-701) (Judgment) C-218/91; [1993] EUECJ C-218/91 18 Feb 1993 ECJ European [ Bailii ] Â Mc Avoy v Parliament (Rec 1993,p II-83) T-45/91; [1993] EUECJ T-45/91 18 Feb 1993 ECFI European [ Bailii ] Â Bogana v Union nationale des mutualites socialistes (Rec 1993,p I-755) (Judgment) C-193/92; [1993] EUECJ C-193/92 18 Feb 1993 ECJ European Europa An invalidity benefit paid by a Member State to a migrant worker is to be regarded as determined in accordance with Article 46 of Regulation No 1408/71 even if its amount, calculated in accordance with the rules of national law, including the national provisions against overlapping, is equal to the amount calculated in accordance with the rules of Article 46 of that regulation, including the rule against overlapping set out in Article 46(3). It follows that the adjustment of such a benefit is subject to the rules laid down by Article 51 of that regulation, under which a recalculation may be made only in the event of an alteration in the method of determining benefits or in the rules for calculating the benefits, and not to provisions of national law which provide for the recalculation of the national benefit in order to take account of variations in a benefit accorded by another Member State which are attributable in particular to fluctuations in average exchange rates or the general evolution of the economic and social situation in that State. [ Bailii ] Â Merck v Hauptzollamt Hamburg-Jonas (Rec 1993,p I-729) (Judgment) C-285/91; [1993] EUECJ C-285/91 18 Feb 1993 ECJ European [ Bailii ] Â Tallarico v Parliament (Rec 1993,p II-107) T-1/92; [1993] EUECJ T-1/92 18 Feb 1993 ECFI European [ Bailii ] Â Regina v Secretary of State for the Home Department ex parte Marchon Times, 23 February 1993; [1993] Imm AR 384 23 Feb 1993 CA Crime, Immigration, European It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was not necessary to show that the offence was so notorious as to require special treatment. The offence here was sufficiently serious to justify such an action. 1 Citers Â Â Webb v EMO Air Cargo (UK) Ltd (No 1); HL 3-Mar-1993 - Gazette, 03 March 1993; [1993] 1 WLR 49; [1993] ICR 175; [1993] IRLR 27; [1992] UKHL 15 Â Booss and Fischer v Commission (Rec 1993,p II-147) T-58/91; [1993] EUECJ T-58/91 3 Mar 1993 ECFI European [ Bailii ] Â General Milk Products v Hauptzollamt Hamburg-Jonas (Rec 1993,p I-779) (Judgment) C-8/92; [1993] EUECJ C-8/92 3 Mar 1993 ECJ European [ Bailii ] Â Vela Palacios v ESC (Rec 1993,p II-201) T-25/92; [1993] EUECJ T-25/92 3 Mar 1993 ECFI European [ Bailii ] Â Peroulakis v Commission (Rec 1993,p II-185) T-69/91; [1993] EUECJ T-69/91 3 Mar 1993 ECFI European [ Bailii ] Â Delloye and others v Commission (Rec 1993,p II-221) T-44/92; [1993] EUECJ T-44/92 3 Mar 1993 ECFI European [ Bailii ] Â Ferriere Acciaierie Sarde v Commission (Order) C-102/92; [1993] EUECJ C-102/92 5 Mar 1993 ECJ European [ Bailii ] Â Lezzi Pietro v Commission (Rec 1993,p I-809) (Order) C-123/92; [1993] EUECJ C-123/92 8 Mar 1993 ECJ European [ Bailii ] Â Commission v Belgium C-186/91; [1993] EUECJ C-186/91 10 Mar 1993 ECJ European [ Bailii ] Â Abbott v Oberfinanzdirektion Koln (Rec 1993,p I-867) (Judgment) C-191/91; [1993] EUECJ C-191/91 10 Mar 1993 ECJ European [ Bailii ] Â Commission v Luxembourg (Rec 1993,p I-817) (SV93-35) (Judgment) C-111/91; [1993] EUECJ C-111/91 10 Mar 1993 ECJ European [ Bailii ] Â Boessen v ESC (Rec 1993,p II-235) T-87/91; [1993] EUECJ T-87/91 11 Mar 1993 ECFI European [ Bailii ] Â Blackman v Parliament (Rec 1993,p II-249) T-33/89; [1993] EUECJ T-33/89 16 Mar 1993 ECFI European [ Bailii ] Â Commission v Council (Rec 1993,p I-939) (Judgment) C-155/91; [1993] EUECJ C-155/91 17 Mar 1993 ECJ European [ Bailii ] Â Moat v Commission (Rec 1993,p II-287) T-13/92; [1993] EUECJ T-13/92 17 Mar 1993 ECFI European [ Bailii ] Â Sloman Neptun v Bodo Ziesemer (Rec 1993,p I-887) (SV93-47) (Judgment) C-72/91; [1993] EUECJ C-72/91 17 Mar 1993 ECJ European [ Bailii ] Â Parliament v Frederiksen C-35/92; [1992] EUECJ C-35/92P 18 Mar 1993 ECJ European [ Bailii ] Â Firma Molkerei-Zentrale Sud GmbH and Co. KG v Bundesanstalt fur landwirtschaftliche Marktordnung C-50/92; [1993] EUECJ C-50/92 18 Mar 1993 ECJ European, Agriculture Europa Since the concept of force majeure must be understood in the sense of abnormal and unforeseeable circumstances, beyond the control of the trader concerned, the consequences of which could not have been avoided despite the exercise of all due care, a case of force majeure can be held to exist within the meaning of Article 22(4) of Regulation No 262/79 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs where the failure to respect the time-limit for the production of proof of the processing of the butter in another Member State is due to the delay taken by the administrative authorities of that State in verifying processing and returning the control document to the authorities in the country of origin if the trader concerned exercised or caused to be exercised all possible care in requesting the administrative authorities of the country in which the butter was processed to complete those operations. The fact that the trader failed to make application for other documents to be accepted as equivalent pursuant to Article 14 of Regulation No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention can be relied on against him only if the actual conduct of the administration concerned did not prevent him from protecting his rights by means of that procedure. Commission Regulation 1687/76 14 - Commission Regulation 1687/76, Art. 14 and 262/79 22(4)) [ Bailii ] Â Finanzamt Kassel-Goethestrasse v Viessmann (Rec 1993,p I-971) (Judgment) C-280/91; [1993] EUECJ C-280/91 18 Mar 1993 ECJ European [ Bailii ] Â Opinion 2/91 (Rec 1993,p I-1061) (SV93-59) (Opinion) C-2/91 19 Mar 1993 ECJ European Â Pretore di Genova v Banchero C-157/92; [1993] EUECJ C-157/92 19 Mar 1993 ECJ European [ Bailii ] Â Gill v Commission (Rec 1993,p II-303) T-43/89 23 Mar 1993 ECFI European Â Gomez Gonzalez and others v Council (Rec 1993,p II-327) T-63/92; [1993] EUECJ T-63/92 23 Mar 1993 ECFI European [ Bailii ] Â Commission v Germany (Rec 1993,p I-1115) (Judgment) C-345/92; [1993] EUECJ C-345/92 23 Mar 1993 ECJ European [ Bailii ] Â Weber v Parliament (Rec 1993,p I-1093) (Judgment) C-314/91; [1993] EUECJ C-314/91 23 Mar 1993 ECJ European [ Bailii ] Â Hogan v Parliament (Rec 1993,p II-339) T-115/92; [1993] EUECJ T-115/92 23 Mar 1993 ECFI European [ Bailii ] Â CIRFS and others v Commission (Rec 1993,p I-1125) (SV93-83) (Judgment) C-313/90; [1991] EUECJ C-313/90R 24 Mar 1993 ECJ European [ Bailii ] Â Benzler v Commission (Rec 1993,p II-347) T-72/92; [1993] EUECJ T-72/92 24 Mar 1993 ECFI European [ Bailii ] Â Corbiau v Administration des contributions (Rec 1993,p I-1277) (SV93-105) (Judgment) C-24/92; [1993] EUECJ C-24/92 30 Mar 1993 ECJ European [ Bailii ] Â Sociale Verzekeringsbank v de Wit (Rec 1993,p I-1221) (Judgment) C-282/91; [1993] EUECJ C-282/91 30 Mar 1993 ECJ European [ Bailii ] Â Secretary of State for Social Security v Thomas and others C-328/91; [1993] EUECJ C-328/91 30 Mar 1993 ECJ European [ Bailii ] Â Secretary of State for Social Security v Thomas and others [1993] UKSSCSC CS_98_1987 30 Mar 1993 ECJ Benefits, European Discrimination on grounds of sex - non-contributory benefits - whether unequal age conditions linked to different pension ages for men and women contrary to Council Directive 79/7/EEC Directive 79/7/EEC [ Bailii ] Â Vardakas v Commission (Rec 1993,p II-357) T-4/92; [1993] EUECJ T-4/92 30 Mar 1993 ECFI European [ Bailii ] Â Konstantinidis v Stadt Altensteig and Landratsamt Calw (Judgment) C-168/91; [1993] EUECJ C-168/91 30 Mar 1993 ECJ European There is nothing in the Treaty to preclude a Member State which uses the Roman alphabet from transcribing a Greek name in Roman characters in its registers of civil status. Where it undertakes such transcription, it is for that State to adopt legislative or administrative measures laying down the detailed rules for such transcription, in accordance with the prescriptions of any international conventions relating to civil status to which it is a party. Such rules are to be regarded as incompatible with Article 52 of the Treaty only in so far as their application causes a Greek national such a degree of inconvenience as in fact to interfere with his freedom to exercise the right of establishment enshrined in that article. Such interference occurs if a Greek national is obliged by the legislation of the State in which he is established to use, in the pursuit of his occupation, a spelling of his name derived from the transliteration used in the registers of civil status if that spelling is such as to modify its pronunciation, with the risk that potential clients may confuse him with other persons. [ Bailii ] Â Â Mollmann-Fleisch v Hauptzollamt Hamburg-Jonas; ECJ 31-Mar-1993 - C-27/92; [1993] EUECJ C-27/92 Â Â Kraus v Land Baden-Wurttemberg; ECJ 31-Mar-1993 - Times, 06 April 1993; C-19/92; [1993] EUECJ C-19/92 Â Â A Ahlstrom Osakeyhtio and others v Commission; ECJ 31-Mar-1993 - C-89/85; [1993] ECR I-1307; [1993] 4 CMLR 407; [1993] EUECJ C-89/85 Â Â Oorburg and van Messem v Wasser- und Schiffahrtsdirektion; ECJ 31-Mar-1993 - C-184/91; [1993] EUECJ C-184/91 Â Lageder and others v Amministrazione delle finanze dello Stato (Rec 1993,p I-1761) (Judgment) C-31/91; [1993] EUECJ C-31/91 1 Apr 1993 ECJ European [ Bailii ] Â Findling Walzlager v Hauptzollamt Karlsruhe (Rec 1993,p I-1793) (Judgment) C-136/91; [1993] EUECJ C-136/91 1 Apr 1993 ECJ European [ Bailii ] Â Diversinte and Iberlacta v Administracion Principal de Aduanas e Impuestos Especiales de la Junquera (Rec 1993,p I-1885) (Judgment) C-260/91; [1993] EUECJ C-260/91 1 Apr 1993 ECJ European [ Bailii ] Â Â Emsland-Starke v Oberfinanzdirektion Munchen; ECJ 1-Apr-1993 - [1993] ECR I-1857; C-256/91; [1993] EUECJ C-256/91 Â Hewlett Packard v Directeur General des Douanes C-250/91; [1993] EUECJ C-250/91 1 Apr 1993 ECJ European, Customs and Excise Europa Article 5(2) of Regulation No 1679/79, which makes any waiver of post-clearance recovery of import or export duties by the competent customs authorities subject to the fulfilment of three conditions, must be interpreted in the light of the following considerations: Incorrect tariff information given to a trader other than the person liable for payment by the customs authorities of a Member State other than that of the authority competent to effect post-clearance recovery does not, in the absence of a Community regulation ensuring that such information has the same legal significance in all the Member States, constitute "an error made by the competent authorities themselves". On the other hand, such an error is made by the authorities competent to effect recovery, within the meaning of that provision, where, despite the number and size of the imports made by the person liable, those authorities raised no objection concerning the tariff classification of the goods in question, even though a comparison between the tariff heading declared and the explicit description of the goods in accordance with the indications of the nomenclature would have disclosed the incorrect tariff classification. In order to determine whether there has been "an error ... which could not reasonably have been detected by the person liable", account must be taken, in particular, of the nature of the error, of the experience of the trader and of the diligence shown by him. In that regard, it is appropriate to make clear: ° that the need to adopt, in view of the divergences between the various Member States concerning the tariff classification of goods, a regulation definitively clarifying the tariff heading under which the goods are to be classified constitutes strong evidence of the complexity of the problem to be resolved; ° that even an experienced trader may regard his customs declarations as correct where he relied, for the purposes of the tariff classification of the goods in question, on tariff information provided by the customs authorities of a Member State other than that of the authority competent to effect post-clearance recovery to a company belonging to the same group as the person liable and where the tariff classification indicated in the customs declaration was not challenged for a relatively long period by the competent authorities; ° that the requirement of diligence on the part of the trader concerned must be regarded as satisfied where the trader had no doubt, in view of the existence of tariff information supplied to a company belonging to the same group as the person liable, as to the correctness of the tariff classification of the goods in question; ° that it is for the national court, having regard to the circumstances of the case, to establish whether, on the basis of this interpretation, the criteria for determining the extent to which the error that resulted in non-collection of the customs duties was capable of detection are satisfied. The requirement that the person liable should have observed, in relation to his customs declaration, "all the provisions laid down by the rules in force" must be regarded as satisfied where the trader, acting in good faith, declared the goods under an incorrect tariff heading, provided that the latter was clearly and explicitly indicated together with the description of the goods in question, so that the competent customs authorities should have been able immediately and unequivocally to determine the lack of conformity with the correct tariff heading. 2. Article 13 of Regulation No 1430/79, which empowers the competent authorities to repay or remit import and export duties in special situations which result from circumstances in which no deception or obvious negligence may be attributed to the person concerned, must be interpreted in the light of the following considerations: The fact that a trader has relied on incorrect information supplied to a company belonging to the same group as the person liable by a competent customs authority in a Member State other than that of the customs authority competent to effect post-clearance recovery may constitute a special situation of the kind referred to in that article. It is for the national court to establish whether both the other preconditions for the application of Article 13, namely the absence of obvious negligence or deception and due compliance with procedural rules, have been satisfied. The question whether the error was detectable, within the meaning of Article 5(2) of Regulation No 1679/79, is linked to the existence of obvious negligence or deception within the meaning of Article 13 of Regulation No 1430/79, and therefore the conditions laid down by the latter provision must be assessed in the light of those laid down in Article 5(2) of Regulation No 1679/79. [ Bailii ] Â Alois Lageder Spa v Amministrazione Delle Finanze Dello Stato C-44/91; [1993] EUECJ C-44/91 1 Apr 1993 ECJ European ECJ On the interpretation of Article 1 of Regulation (EEC) No 1311/73 of the Commission of 16 May 1973 relating to a provisional list of quality wines produced in specified regions as well as the identification of these wines in the accompanying document (OJ 1973 L 132, p. 20), [ Bailii ] Â Pesqueras Echebastar v Commission (Rec 1993,p I-1719) (Judgment) C-25/91; [1993] EUECJ C-25/91 1 Apr 1993 ECJ European [ Bailii ] Â BPB Industries and British Gypsum v Commission T-65/89; [1993] EUECJ T-65/89 1 Apr 1993 ECFI European [ Bailii ] Â Ponente Carni and Cispadana Costruzioni v Amministrazione delle finanze dello Stato (Rec 1993,p I-1915) (Judgment) C-71/91; [1993] EUECJ C-71/91 20 Apr 1993 ECJ European [ Bailii ] Â Sonntag v Waidmann, Waidmann and Waidmann Ind Summary, 24 May 1993; C-172/91; [1993] EUECJ C-172/91; [1993] ECR 1-1963 21 Apr 1993 ECJ European, Jurisdiction Europa 1. A claim for compensation for loss to an individual resulting from a criminal offence, even though made in the context of criminal proceedings, is civil in nature unless the person against whom it is made is to be regarded as a public authority which acted in the exercise of its powers. That is not the case where the activity called in question is the supervision by a state-school teacher of his pupils during a school trip. It follows that "civil matters" within the meaning of the first sentence of the first paragraph of Article 1 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters covers a claim for damages brought before a criminal court against a state-school teacher who, during a school trip, occasioned loss to a pupil as a result of a culpable and unlawful breach of his duties of supervision, even where there is coverage by a scheme of social insurance under public law. 2. The second paragraph of Article 37 of the Convention must be interpreted as precluding any appeal by interested third parties against the judgment given on an appeal against authorization to enforce a judgment given in another Contracting State, even where the domestic law of the State in which enforcement is sought confers on such third parties a right of appeal. 3. Since non-recognition of a judgment given in another Contracting State for the reasons set out in Article 27(2) of the Convention is possible only where the defendant was in default of appearance in the original proceedings, that provision may not be relied upon where the defendant appeared. A defendant is deemed to have appeared for the purposes of Article 27(2) of the Convention where, in connection with a claim for damages made in the context of the criminal proceedings pending before the criminal court, the defendant, through defence counsel of his own choice, answered the criminal charges at the trial but did not express a view on the civil claim, on which oral argument was also submitted in the presence of his counsel. A claim was made by the parents and brother of a pupil who suffered a fatal accident during a school trip. One of the questions referred to the ECJ was whether an action for damages against a teacher in a state school was a "civil" matter within the meaning of the first sentence of the first paragraph of Article 1 of the Brussels Convention. Held. "It follows from the judgments in the LTU and Rüffer cases cited above that such an action falls outside the scope of the Convention only when the author of the damage against whom it is brought must be regarded as a public authority which acted in the exercise of public powers." A teacher in a school is not exercising public powers. The substantive duties on a teacher were, so far as concerned the standards of care in relation to the pupils, identical to those owed by all individuals, state employees or not, to those in their care. It followed that the action was a civil matter within the meaning of the Convention. Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters 1 Citers [ Bailii ] Â Tallarico v Parliament (Rec 1993,p II-477) T-5/92; [1993] EUECJ T-5/92 21 Apr 1993 ECFI European [ Bailii ] Â Office National des Pensions v Raffaele Levatino (Judgment) C-65/92; [1993] EUECJ C-65/92 22 Apr 1993 ECJ European, Benefits Europa 1. As regards an employed person or assimilated worker who has completed periods of employment in a Member State, resides in that State and is entitled to a pension there, legislative provisions in that State giving all elderly residents a legally protected right to a minimum pension come within the field of social security covered by Article 51 of the Treaty, even where such legislation might fall outside this classification as regards other categories of recipients. Benefits granted to elderly residents whose resources do not reach the minimum guaranteed by the law and which guarantee to their recipients supplementary resources of an amount equal to the difference between that minimum and part of the resources of any kind available to them must therefore be regarded as "old-age benefits" within the meaning of Regulation No 1408/71. 2. The provisions of Article 51(1) of Regulation 1408/71, according to which a recalculation of benefits in accordance with Article 46 of the regulation should not be carried out where the alteration which affects one of the benefits results from events unconnected with the worker' s personal circumstances and is the consequence of the evolution of the economic and social situation, cannot be applied to an old-age benefit which, whilst aiming to secure a minimum income for its recipients, is of a differential nature and whose amount varies, by its nature, in accordance with the evolution of the amount of the guaranteed minimum income, which is regularly re-assessed, and the resources of the person concerned. The result of the application of that provision would be, on the one hand, that the increase of the resources of the person concerned resulting from the increase in a pension paid to him by virtue of rights acquired in another Member State would not be taken into account and that he would systematically receive an amount of resources exceeding the minimum income guaranteed by law and, on the other, that it would not merely put the migrant worker at an advantage but would alter the purpose of the benefit and disrupt the scheme of the national legislation. Consequently, the provisions of Article 51(2) should be applied to the determination and adjustment of the amount of a benefit designed to secure a guaranteed minimum income paid to a worker who has been in employment in a Member State, resides in that State and receives a retirement pension from that State and a retirement pension from another Member State. As a result of the application of that provision, the benefit should be recalculated in the event of an alteration of the amount of the guaranteed income or of the recipient' s resources. [ Bailii ] Â Kupka Floridi v ESC (Rec 1993,p I-2041) (Order) C-244/92; [1993] EUECJ C-244/92P 26 Apr 1993 ECJ European [ Bailii ] Â Monin Automobiles (Order) C-386/92; [1993] EUECJ C-386/92 26 Apr 1993 ECJ European [ Bailii ] Â Â Regina v Secretary of State Health ex parte Goldstein; QBD 27-Apr-1993 - Independent, 27 April 1993 Â Commission v Greece (Rec 1993,p I-2055) (Judgment) C-375/90; [1993] EUECJ C-375/90 27 Apr 1993 ECJ European [ Bailii ] Â Italy v Commission (Rec 1993,p I-2097) (Judgment) C-364/90; [1993] EUECJ C-364/90 28 Apr 1993 ECJ European [ Bailii ] Â De Hoe v Commission (Rec 1993,p II-523) T-85/92; [1993] EUECJ T-85/92 28 Apr 1993 ECFI European [ Bailii ] Â Commission v Italy (Rec 1993,p I-2133) (Judgment) C-306/91; [1993] EUECJ C-306/91 28 Apr 1993 ECJ European [ Bailii ] Â Forafrique Burkinabe v Commission [1993] ECR I-2161; [1993] EUECJ C-182/91 29 Apr 1993 ECJ European 1. Privileges and immunities of the European Communities - Attachment order issued against an institution - Need for lifting of immunity by the Court or waiver by the institution concerned (Protocol on the Privileges and Immunities of the European Communities, Art. 1) 2. Non-contractual liability - Conditions - Non-compliance with an attachment order under national law - Immunity not lifted by the Court or waived - Excluded (EEC Treaty, Art. 215, second para.; Protocol on the Privileges and Immunities of the European Communities, Art. 1) 3. International agreements - First ACP-EEC Lome Convention - Provisions relating to financial and technical cooperation - Procedure for awarding public contracts for works and supplies - Respective roles of the ACP State and the Commission - Competence of the ACP State to conclude contracts - Liability of the Community by reason of payment of funds, under the conditions prescribed, to the ACP State concerned - Excluded (EEC Treaty, Art. 215, second para.; First ACP-EEC Lome Convention of 28 February 1975) [ Bailii ] Â Hauptzollamt Hamburg-St Annen v Ebbe Sonnichsen C-59/92; [1993] EUECJ C-59/92 29 Apr 1993 ECJ European ECJ Common customs tariff - Customs value - Decrease in value due to deterioration of goods - Taking into account without regard to the date of transfer of the risk to the buyer (Council Regulation No 1224/80 , Arts 1, 3 and 8; Commission Regulation No 1495/80, Art. 4, as amended by Regulation No 1580/81) Article 4, second sentence, of Regulation No 1495/80, adopting certain provisions for the implementation of Articles 1, 3 and 8 of Regulation No 1224/80 relating to the valuation of goods for customs purposes, must be interpreted as meaning that no distinction should be drawn according to whether a deterioration of goods which decreases their customs value occurs before or after the transfer of the risk to the buyer. [ Bailii ] Â Â Ladbroke Racing v Commission; ECJ 3-May-1993 - [1993] ECR I-2213; [1993] EUECJ C-424/92 Â Weis v Hauptzollamt Wurzburg (Rec 1993,p I-2219) (Judgment) C-292/91; [1993] EUECJ C-292/91 4 May 1993 ECJ European [ Bailii ] Â Commission v France (Rec 1993,p I-2289) (Judgment) C-246/91; [1993] EUECJ C-246/91 5 May 1993 ECJ European [ Bailii ] Â Commission v Belgium (Rec 1993,p I-2275) (Judgment) C-174/91; [1993] EUECJ C-174/91 5 May 1993 ECJ European [ Bailii ] Â Van Doesselaar v Minister van Verkeer en Waterstaat (Rec 1993,p I-2303) (Judgment) C-304/91; [1993] EUECJ C-304/91 11 May 1993 ECJ European [ Bailii ] Â Belgium v Commission (Rec 1993,p I-2323) (Judgment) C-356/90; [1991] EUECJ C-356/90R 18 May 1993 ECJ European [ Bailii ] Â Schutzverband gegen Unwesen i d Wirtschaft v Rocher (Rec 1993,p I-2361) (SV93-191) (Judgment) C-126/91; [1993] EUECJ C-126/91 18 May 1993 ECJ European [ Bailii ] Â Commission v Stahlwerke Peine-Salzgitter (Rec 1993,p I-2393) (Judgment) C-220/91; [1993] EUECJ C-220/91P 18 May 1993 ECJ European [ Bailii ] Â Twijnstra v Minister van Landbouw, Natuurbeheer en Visserij C-81/91; [1993] EUECJ C-81/91 19 May 1993 ECJ European [ Bailii ] Â Criminal proceedings against Corbeau (Rec 1993,p I-2533) (Judgment) C-320/91 19 May 1993 ECJ European Â William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment) C-198/91; [1993] EUECJ C-198/91 19 May 1993 ECJ European Europa 1. The Court has consistently held that persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed. Where, without initiating the procedure under Article 93(2), the Commission finds, on the basis of Article 93(3), that a State aid is compatible with the common market, the persons, undertakings or associations whose interests might be affected by the grant of the aid, in particular competing undertakings and trade associations which, as parties concerned, benefit from procedural guarantees when the Article 93(2) procedure is set in motion, must have the right to bring an action for the annulment of the decision making that finding. 2. The procedure under Article 93(2) is essential whenever the Commission has serious difficulties in determining whether an aid is compatible with the common market. The Commission may restrict itself to the preliminary examination under Article 93(3) when taking a decision in favour of an aid only if it is able to satisfy itself after the preliminary examination that the aid is compatible with the Treaty. If, on the other hand, the initial examination leads the Commission to the opposite conclusion or if it does not enable it to overcome all the difficulties involved in determining whether the aid is compatible with the common market, the Commission is under a duty to obtain all the requisite opinions and for that purpose to initiate the procedure provided for in Article 93(2). Although the obligation to initiate that procedure does not depend on the circumstances in which the aid is notified or on the provision of Article 92 of the Treaty which is applied, it is for the Commission to determine, subject to review by the Court, on the basis of the factual and legal circumstances of the case, whether the difficulties involved in assessing the compatibility of the aid warrant the initiation of that procedure. [ Bailii ] Â Arnaud and others v Council (Rec 1993,p I-2573) (Order) C-131/92; [1993] EUECJ C-131/92 24 May 1993 ECJ European (Order) [ Bailii ] Â Kristoffersen v Skatteministeriet (Rec 1993,p I-2755) (Judgment) C-263/91; [1993] EUECJ C-263/91 25 May 1993 ECJ European [ Bailii ] Â Laboratoire de protheses oculaires v Union nationale des syndicats d'opticiens de France and others (Rec 1993,p I-2899) (Judgment) C-271/92; [1993] EUECJ C-271/92 25 May 1993 ECJ European [ Bailii ] Â Finanzamt Munchen III v Mohsche (Rec 1993,p I-2615) (Judgment) C-193/91; [1993] EUECJ C-193/91 25 May 1993 ECJ European [ Bailii ] Â Foyer culturel du Sart-Tilman v Commission (Rec 1993,p I-2667) (Judgment) C-199/91; [1993] EUECJ C-199/91 25 May 1993 ECJ European [ Bailii ] Â Suddeutsche Zucker v Hauptzollamt Hamburg-Jonas (Rec 1993,p I-2787) (Judgment) C-308/91; [1993] EUECJ C-308/91 25 May 1993 ECJ European [ Bailii ] Â Commission v Italy (Rec 1993,p I-2701) (Judgment) C-228/91; [1993] EUECJ C-228/91 25 May 1993 ECJ European [ Bailii ] Â IRI v Commission (Rec 1993,p I-2851) (Judgment) C-334/91; [1993] EUECJ C-334/91 25 May 1993 ECJ European [ Bailii ] Â Frutticoltori Associati Cuneesi v Associazione tra Produttori Ortofrutticoli Piemontesi C-197/91; [1993] EUECJ C-197/91 25 May 1993 ECJ European [ Bailii ] Â Regina v Intervention Board for Agricultural Produce, ex parte Tara Meat Packers C-321/91; [1993] EUECJ C-321/91 25 May 1993 ECJ European, Agriculture [ Bailii ] Â SGEEM and Etroy v EIB (Rec 1993,p I-2583) (Judgment) C-370/89 25 May 1993 ECJ European Â Tsiotras v Landeshauptstadt Stuttgart (Rec 1993,p I-2925) (Judgment) C-171/91; [1993] EUECJ C-171/91 26 May 1993 ECJ European [ Bailii ] Â Commission v Portugal (Rec 1993,p I-2961) (Judgment) C-52/92; [1993] EUECJ C-52/92 26 May 1993 ECJ European [ Bailii ] Â Gausepohl-Fleisch v Oberfinanzdirektion Hamburg (Rec 1993,p I-3047) (Judgment) C-33/92; [1993] EUECJ C-33/92 27 May 1993 ECJ European [ Bailii ] Â Schmid v Belgian State (Rec 1993,p I-3011) (Judgment) C-310/91; [1993] EUECJ C-310/91 27 May 1993 ECJ European [ Bailii ] Â Peter v Hauptzollamt Regensburg (Rec 1993,p I-2981) (Judgment) C-290/91; [1993] EUECJ C-290/91 27 May 1993 ECJ European [ Bailii ] Â Fiorani v Parliament (Rec 1993,p II-555) T-50/92; [1993] EUECJ T-50/92 8 Jun 1993 ECFI European [ Bailii ] Â Commission v Belgium (Rec 1993,p I-3107) (Judgment) C-373/92; [1993] EUECJ C-373/92 8 Jun 1993 ECJ European [ Bailii ] Â Commission v Netherlands (Rec 1993,p I-3069) (Judgment) C-52/91; [1993] EUECJ C-52/91 8 Jun 1993 ECJ European [ Bailii ] Â PPG Industries Glass v Commission T-78/89; [1993] EUECJ T-78/89 9 Jun 1993 ECFI European [ Bailii ] Â Commission v Italy (Rec 1993,p I-3119) (Judgment) C-95/92; [1993] EUECJ C-95/92 9 Jun 1993 ECJ European [ Bailii ] Â Commission v Greece (Rec 1993,p I-3131) (Judgment) C-183/91; [1993] EUECJ C-183/91 10 Jun 1993 ECJ European [ Bailii ] Â Â The Liberal Democrats v Parliament; ECJ 10-Jun-1993 - [1993] ECR I-3153; C-41/92; [1993] EUECJ C-41/92 Â Abertal v Commission (Rec 1993,p I-3177) (Judgment) C-213/91; [1991] EUECJ C-213/91R 15 Jun 1993 ECJ European [ Bailii ] Â Matra v Commission (Rec 1993,p I-3203) (SV93-213) (Judgment) C-225/91; [1991] EUECJ C-225/91R 15 Jun 1993 ECJ European [ Bailii ] Â Rijnoudt and Hocken v Commission (Rec 1993,p II-587) T-97/92 15 Jun 1993 ECFI European Â Abertal v Council (Rec 1993,p I-3265) (Judgment) C-264/91; [1993] EUECJ C-264/91 15 Jun 1993 ECJ European [ Bailii ] Â French Republic v Commission of the European Communities (Rec 1993,p I-3283) (Judgment) Case C-325/91; C-325/91; [1993] EUECJ C-325/91 16 Jun 1993 ECJ European Europa 1. An action for annulment is available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects. This applies to a Commission communication which sets out to specify the manner of application of Article 5(2) of Directive 80/723 on the transparency of financial relations between Member States and public undertakings, was published in the C Series of the Official Journal and was notified to each Member State. That communication, which requires Member States annually to report to the Commission, on a general, systematic basis, data relating to the financial relations of a particular category of undertaking achieving a specified turnover, constitutes an act intended to have legal effects of its own distinct from those of Article 5(2) of the directive and adds new obligations to those provided for by that provision. 2. The principle of legal certainty, which is part of the Community legal order, requires Community legislation to be clear and its application to be foreseeable for all interested parties. As a result of that requirement, any act intended to have legal effects must derive its binding force from a provision of Community law which prescribes the legal form to be taken by that act and which must be expressly indicated therein as its legal basis, failing which the act in question will be null and void. EEC Treaty Art. 173 - Commission Directive 80/723 Art. 5(2) [ Bailii ] Â Arauxo-Dumay v Commission (Rec 1993,p II-597) T-65/92; [1993] EUECJ T-65/92 17 Jun 1993 ECFI European [ Bailii ] Â Jansen van Rosendaal v Staatssecretaris van Financien (Rec 1993,p I-3315) (Judgment) C-88/92; [1993] EUECJ C-88/92 17 Jun 1993 ECJ European [ Bailii ] Â Van Parijs and others v Council and Commission (Rec 1993,p I-3335) (Order) C-257/93; [1993] EUECJ C-257/93 21 Jun 1993 ECJ European [ Bailii ] Â Chiquita Banana and others v Council (Rec 1993,p I-3345) (Order) C-276/93; [1993] EUECJ C-276/93 21 Jun 1993 ECJ European [ Bailii ] Â Â Hellenic Republic v Commission of the European Communities; ECJ 22-Jun-1993 - C-56/91; [1993] EUECJ C-56/91 Â Ministero delle Finanze and Ministero della Sanita v Philip Morris Belgium and others (Rec 1993,p I-3469) (Judgment) C-222/91; [1993] EUECJ C-222/91 22 Jun 1993 ECJ European [ Bailii ] Â Commission v Denmark C-243/89; [1993] ECR I-3553; [1993] EUECJ C-243/89 22 Jun 1993 ECJ Advocate-General Tesauro European, Administrative Opinion - Tesauro AG said: "where a public contract falls to be awarded, it is precisely because the procedure is a competition that it must be ensured that all those who take part have an equal chance; otherwise, it would no longer be a public tendering procedure but private bargaining. In sum, equal treatment underlies any set of rules governing procedures for the award of public contracts since it is the very essence of such procedures." 1 Citers [ Bailii ] Â Sofitam v Ministre charge du Budget C-333/91; [1993] EUECJ C-333/91 22 Jun 1993 ECJ European [ Bailii ] Â Germany v Commission (Rec 1993,p I-3399) (Judgment) C-54/91; [1993] EUECJ C-54/91 22 Jun 1993 ECJ European [ Bailii ] Â Â Regina v Secretary of State for Health, ex parte Gallaher and others (Judgment); ECJ 22-Jun-1993 - Times, 28 June 1993; C-11/92; [1993] EUECJ C-11/92 Â Seghers v Council (Rec 1993,p II-651) T-69/92; [1993] EUECJ T-69/92 24 Jun 1993 ECFI European [ Bailii ] Â Dr Tretter v Hauptzollamt Stuttgart-Ost (Rec 1993,p I-3569) (Judgment) C-90/92; [1993] EUECJ C-90/92 24 Jun 1993 ECJ European [ Bailii ] Â Henrichs v Commission (Rec 1993,p II-611) T-92/91; [1993] EUECJ T-92/91 24 Jun 1993 ECFI European [ Bailii ] Â Donatab and others v Commission (Rec 1993,p I-3595) (Order) C-64/93 28 Jun 1993 ECJ European Â Germany v Council (Rec 1993,p I-3667) (Order) C-280/93 29 Jun 1993 ECJ European Â Commission v Germany (Rec 1993,p I-3659) (Judgment) C-316/92; [1993] EUECJ C-316/92 29 Jun 1993 ECJ European [ Bailii ] Â Asia Motor France and others v Commission (Rec 1993,p II-669) (SVXIV v II-81 FIXIV v II-85) T-7/92; [1993] EUECJ T-7/92 29 Jun 1993 ECFI European [ Bailii ] Â Devillez and others v Parliament (Rec 1993,p II-699) T-46/90; [1993] EUECJ T-46/90 30 Jun 1993 ECFI European [ Bailii ] Â Parliament v Council and Commission (Rec 1993,p I-3685) (SV93-255) (Judgment) C-181/91; [1993] EUECJ C-181/91 30 Jun 1993 ECJ European [ Bailii ] Â Metalsa (Rec 1993,p I-3751) (Judgment) C-312/91; [1993] EUECJ C-312/91 1 Jul 1993 ECJ European [ Bailii ] Â Eurim-Pharm v Bundesgesundheitsamt C-207/91; [1993] EUECJ C-207/91 1 Jul 1993 ECJ European [ Bailii ] Â Van Cant v Rijksdienst voor pensioenen (Rec 1993,p I-3811) (Judgment) C-154/92; [1993] EUECJ C-154/92 1 Jul 1993 ECJ European [ Bailii ] Â Â Hubbard v Hamburger; ECJ 1-Jul-1993 - Times, 16 July 1993; Ind Summary, 23 August 1993; C-20/92; [1993] EUECJ C-20/92; [1993] ECR 1-377 Â Giordani v Commission (Rec 1993,p II-721) T-48/90; [1993] EUECJ T-48/90 1 Jul 1993 ECFI European [ Bailii ] Â Astro-Med v Oberfinanzdirektion Berlin (Rec 1993,p I-3797) (Judgment) C-108/92; [1993] EUECJ C-108/92 1 Jul 1993 ECJ European [ Bailii ] Â Meskens v Parliament (Rec 1993,p II-757) T-84/91 5 Jul 1993 ECFI European Â Van Parijs and others v Council and Commission (Rec 1993,p I-3917) C-257/93 6 Jul 1993 ECJ European (Order) Â Regina v Secretary of State Home Department, ex parte Mehmet Colak Times, 06 July 1993 6 Jul 1993 CA Human Rights, Immigration, European The Home Office was entitled to return refugees to the country in which they had first stopped if it was a Community State. 1 Cites 1 Citers Â Commission v Albani and others (Rec 1993,p I-3839) (Judgment) C-242/90; [1993] EUECJ C-242/90P 6 Jul 1993 ECJ European ECJ Where, in an open competition for the purpose of constituting a reserve for future recruitment, a test is annulled, the rights of an applicant who has failed that test will be adequately protected if the selection board and the appointing authority reconsider their decisions and seek a just solution in his case, without it being necessary to call in question the entire results of the competition or to annul the appointments made as a result thereof. It is necessary to reconcile the interests of the candidates put at a disadvantage by an irregularity committed in the course of the competition and the interests of the other candidates. To that end, the Court is required to take account not only of the need to restore the rights of candidates who have been adversely affected but also of the legitimate expectations of the candidates who passed the competition. Accordingly, the judgment of the Court of First Instance annulling both the irregular test and the subsequent acts in the competition procedure is vitiated by an error in law in that it does not limit the consequences of the annulment to reinstatement of the applicants' rights. [ Bailii ] Â Comitu Central d'Entreprise de la SA Vittel and Comitu d'Etablissement de Pierval v Commission of the European Communities T-12/93 6 Jul 1993 ECFI European, Employment ECFI Where the effect of suspending the operation of a Commission decision authorizing, at the request of employees' representative bodies in some of the undertakings concerned, a concentration between undertakings pursuant to Regulation No 4064/89 would be to suspend the authorization granted throughout the course of the proceedings before the Court, and where the effect of granting the interim measures applied for in the alternative would be to prolong the existence of a dominant position liable to have irreversible repercussions on competition in the sector concerned, it is incumbent on the judge hearing the application for interim measures to weigh all the interests involved. Accordingly, not only must the interests of the applicants be balanced against the Commission' s interest in restoring effective competition but regard must also be had to the interests of third parties, in particular the undertakings concerned, so as to avoid both the creation of an irreversible situation and serious and irreparable damage to one of the parties to the proceedings or to a third party or else to the public interest. In circumstances such as those, there is no justification for granting the measures sought unless it appears that the employees represented by the applicants would otherwise be exposed to a situation jeopardizing their future position. In this case, the decision at issue cannot, in principle, have repercussions on the rights of the employees of the undertakings concerned and there is no risk of direct damage to them such as to justify the grant of interim measures. As regards the damage which the employees of the transferor allege would result from the fact that, in their view, the transfer runs counter to their right to maintenance of the assets of the undertaking, the applicants, merely referring to the minimal amount of the financial consideration given for the transfer, have not shown how a decrease in the assets of that undertaking would be liable, at first sight, to entail a risk of serious and irreparable damage regarding the maintenance of employment within the undertaking. In any event, it is common ground that the transfer price derives not from the Commission decision but from the negotiations undertaken by the undertakings concerned. As regards the damage that the employees of the undertaking to be transferred allege they would suffer by ceasing to enjoy the social advantages conferred on them either by their individual contracts or by the collective agreement in force in the transferor undertaking, Articles 3 and 4 of Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings provide that a transferor's rights and obligations arising from a contract of employment or from an employment relationship are transferred to the transferee. Moreover, under the applicable domestic employment legislation, any collective employment agreement of indefinite duration may be repudiated by the parties to it under the conditions laid down therein. It follows that, even if the alleged damage appears sufficiently certain, it cannot be a direct result of the Commission decision. Just as the decision does not require the new employers to call in question the collective agreement applicable to the employees of the undertaking transferred, suspension of its transfer would not provide any protection against the possibility of repudiation of the collective agreement in force. 1 Citers Â Rasmussen v Commission T-32/92; [1993] EUECJ T-32/92 6 Jul 1993 ECFI European ECJ 1. The existence of a vacant post, within the meaning of Articles 4 and 29 of the Staff Regulations, presupposes that a post is not filled amongst the total number of permanent posts referred to in the list of posts appended, in accordance with Article 6 of the Staff Regulations, to the section of the budget relating to the institution in question and indicating, for each category and each service, the number of posts in each grade for each career bracket. A procedure for the rotation of staff within an institution, under which officials are re-assigned together with their posts, does not constitute a procedure for the filling of a vacant post. It follows that Articles 4, 29 and 45 of the Staff Regulations do not apply to a procedure of that kind. However, the organization of the Community civil service is governed by certain general principles of law, including equality of treatment and protection of legitimate expectations, which may not be disregarded in the context of a procedure, such as that for the rotation of staff, which is not explicitly provided for by the Staff Regulations. The application of those principles implies, on the one hand, that the administration is obliged to undertake a proper comparative examination of the merits of the candidates and, on the other, that once it has decided to fill a specific post by means of that procedure, it must carry it through properly, observing the terms of the notice which it has published, before calling for applications from external candidates under a different procedure. 2. The decision to terminate a staff rotation procedure without filling a particular job by appointing an internal candidate falls within the discretion enjoyed by the appointing authority in this context. Although the administration is not obliged to carry through a recruitment procedure initiated pursuant to Article 29 of the Staff Regulations with a view to filling a vacant post, that principle must, a fortiori, apply by analogy in cases where the administration calls for internal applications in the context of a staff rotation procedure. [ Bailii ] Â Â CT Control (Rotterdam) and JCT Benelux v Commission; ECJ 6-Jul-1993 - C-121/91; [1993] EUECJ C-121/91 Â Spain v Commission (Rec 1993,p I-3923) (Judgment) C-217/91; [1993] EUECJ C-217/91 7 Jul 1993 ECJ European [ Bailii ] Â Donatab Srl and others v Commission of the European Communities (Rec 1993,p I-3955) (Order) C-64/93; [1993] EUECJ C-64/93 9 Jul 1993 ECJ European, Commercial, Litigation Practice ECJ Where the main action to which an application for interim measures attaches is dismissed as inadmissible, the latter application is itself inadmissible. [ Bailii ] Â AEFMA v Commission (Rec 1993,p I-3999) (Order) C-107/93; [1993] EUECJ C-107/93 12 Jul 1993 ECJ European [ Bailii ] Â Gibraltar and Gibraltar Development v Council (Rec 1993,p I-3981) (Order) C-397/92; [1993] EUECJ C-397/92 12 Jul 1993 ECJ European [ Bailii ] Â Assobacam and Compagnie fruitiere Import v Commission C-429/92; [1993] EUECJ C-429/92 12 Jul 1993 ECJ European [ Bailii ] Â Gibraltar and Gibraltar Development v Council (Rec 1993,p I-3971) (Order) C-128/91; [1993] EUECJ C-128/91 12 Jul 1993 ECJ European [ Bailii ] Â Gibraltar and Gibraltar Development v Council (Rec 1993,p I-4009) (Order) C-168/93; [1993] EUECJ C-168/93 12 Jul 1993 ECJ European [ Bailii ] Â Gibraltar Development v Council (Rec 1993,p I-3961) (Order) C-336/90; [1993] EUECJ C-336/90 12 Jul 1993 ECJ European [ Bailii ] Â Moat v Commission T-20/92 [1993] EUECJ T-20/92 13 Jul 1993 ECFI European ECJ 1. The implied rejection of an application for promotion made in completely general terms cannot be categorized as an act adversely affecting the person concerned in the absence of direct and immediate effects on his legal situation. 2. An official has no legitimate interest in contesting the appointment of another official to a post to which he could make no valid claim in accordance with the rules applicable in the institution concerned for filling posts of the type in question. 3. An official who failed to bring an action within the time-limit laid down by Articles 90 and 91 of the Staff Regulations for the annulment of an act allegedly adversely affecting him cannot repair that omission and procure himself further time for bringing proceedings by means of a claim for compensation for the injury caused by that act. 4. Under Articles 90 and 91 of the Staff Regulations, an action for damages in which compensation is sought for injury caused, not by a measure adversely affecting the applicant the annulment of which is sought, but by various wrongful acts and omissions allegedly committed by the administration, has to be preceded by a two-stage administrative procedure or it will be found inadmissible. It is imperative that that procedure should begin with the presentation of a request asking the appointing authority to make good the alleged injury and continue, if necessary, with the lodging of a complaint against the decision rejecting the request. [ Bailii ] Â Adrianus Thijssen v Controledienst voor de verzekeringen (Rec 1993,p I-4047) (Judgment) C-42/92; [1993] EUECJ C-42/92 13 Jul 1993 ECJ European ECJ Reference for a preliminary ruling: Raad van State - Belgium. Freedom of establishment - Exercise of official authority. Case C-42/92. Freedom of movement for persons - Freedom of establishment - Derogations - Activities connected with the exercise of public authority - Approved commissioners of insurance undertakings pursuing their activities in Belgium - Not included (EEC Treaty, Art. 55, first paragraph) The derogation from the freedom of establishment provided for in the first paragraph of Article 55 of the Treaty, which excludes from the application of the provisions on freedom of establishment activities which in a Member State are connected, even occasionally, with the exercise of official authority, must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority. That is not the case for the activities of approved commissioners with insurance undertakings and private provident associations when they are exercised in a context such as that which operates in Belgium, where vis-à-vis the Insurance Inspectorate, which is a public body participating in the exercise of official authority and endowed with powers of regulation, supervision and direction, the approved commissioner, who is freely appointed by the insurance undertaking and is remunerated by it, has merely an auxiliary and preparatory role to play, notwithstanding the fact that his activities are subject to the supervision of the Insurance Inspectorate, that he must swear an oath and that he may impose a veto with suspensory effect on the implementation of decisions adopted by the undertaking. [ Bailii ] Â Mulox IBC v Hendrick Geels C-125/92; [1993] EUECJ C-125/92; [1993] ECR 1-4075 13 Jul 1993 ECJ European ECJ The terms used in the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted autonomously. Only such an interpretation is capable of ensuring uniform application of the Convention, the objectives of which include unification of the rules on jurisdiction of the Contracting States, so as to avoid as far as possible the multiplication of the bases of jurisdiction in relation to one and the same legal relationship and to reinforce the legal protection available to persons established in the Community by, at the same time, allowing the plaintiff easily to identify the court before which he may bring an action and the defendant reasonably to foresee the court before which he may be sued. In view of the specific nature of contracts of employment, the place of performance of the obligation in question, for the purposes of applying Article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, must, in the case of such contracts, be determined by reference not to the applicable national law in accordance with the conflict rules of the court seised but, rather, to uniform criteria laid down by the Court of Justice on the basis of the scheme and the objectives of the Convention. The place of performance is the place where the employee actually carries out the work covered by the contract with his employer. Where the employee performs his work in more than one Contracting State, the place of performance of the contractual obligation, within the meaning of that provision, must be defined as the place where or from which the employee discharges principally his obligations towards his employer. 1 Citers [ Bailii ] Â Commission v United Kingdom (Judgment) C-56/90; [1993] EUECJ C-56/90; [1993] ECR I-4109 14 Jul 1993 ECJ European, Environment ECJ 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission' s initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations. 2. The definition of "bathing water" within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive' s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards. 3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation. 1 Citers [ Bailii ] Â Blackman v Parliament (Rec 1993,p II-837) T-33/89 15 Jul 1993 ECFI European Europa Procedure - Costs - Dispute concerning recoverable costs - Concept - Application seeking to dispute an order to pay costs - admissibility (Rules of Procedure of the Court of First Instance, Art. 92(1)) An application by which the applicant does not seek a decision from the Court of First Instance concerning a dispute between him and the defendant regarding the amount or the calculation of costs which he has been ordered to pay, but seeks to have that order varied in his favour or revoked, does not constitute a dispute concerning costs to be recovered. Such an application is, therefore, inadmissible. Â Camera-Lampitelli and others v Commission T-27/92; [1993] EUECJ T-27/92 15 Jul 1993 ECFI European [ Bailii ] Â GruSa Fleisch v Hauptzollamt Hamburg-Jonas (Rec 1993,p I-4147) (Judgment) C-34/92; [1993] EUECJ C-34/92 15 Jul 1993 ECJ European [ Bailii ] Â Hogan v Parliament (Rec 1993,p II-895) T-115/92 15 Jul 1993 ECFI European Â Commission of the European Community v United Kingdom of Gb and Northern Ireland Times, 15 July 1993 15 Jul 1993 ECJ European No further default from derogation allowed for part' circumstances. Â France v Commission C-296/93 C-296/93 16 Jul 1993 ECJ European (Order) Â AEFMA v Commission (Rec 1993,p I-4177) (Order) C-107/93 16 Jul 1993 ECJ European Â Ireland v Commission (Rec 1993,p I-4191) (Order) C-307/93; [1993] EUECJ C-307/93R 16 Jul 1993 ECJ European [ Bailii ] Â Â Regina v Inland Revenue Commissioners Ex Parte Commerzbank; ECJ 21-Jul-1993 - Times, 21 July 1993; C-330/91; [1993] EUECJ C-330/91 Â Satam Sa v Minister Responsible for the Budget Times, 22 July 1993 22 Jul 1993 ECJ Income Tax, European Share dividends not consideration for economic activity & so not subject to VAT Â Â Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg; Admn 30-Jul-1993 - [1993] 3 CMLR 101; [1994] 2 WLR 115; [1994] 1 ALL ER 457; [1994] QB 552; [1993] EWHC Admin 4 Â Larsy v INASTI (Rec 1993,p I-4543) (Judgment) C-31/92; [1993] EUECJ C-31/92 2 Aug 1993 ECJ European [ Bailii ] Â Commission v France (Rec 1993,p I-4413) (Judgment) C-276/91; [1993] EUECJ C-276/91 2 Aug 1993 ECJ European [ Bailii ] Â Â Marshall v Southampton and South West Hampshire Area Health Authority (No 2); ECJ 2-Aug-1993 - Independent, 04 August 1993; Times, 04 August 1993; C-271/91; [1993] ECR 1-4367; [1993] EUECJ C-271/91; [1994] QB 126 Â Grana-Novoa v Landesversicherungsanstalt Hessen (Rec 1993,p I-4505) (SV93-329) (Judgment) C-23/92; [1993] EUECJ C-23/92 2 Aug 1993 ECJ European [ Bailii ] Â Acciardi v Commissie beroepszaken administratieve geschillen in de provincie Noord-Holland C-66/92; [1993] EUECJ C-66/92 2 Aug 1993 ECJ European [ Bailii ] Â Allue and others v Universita degli studi di Venezia and others (Rec 1993,p I-4309) (SV93-305) (Judgment) C-259/91; [1993] EUECJ C-259/91 2 Aug 1993 ECJ European [ Bailii ] Â Jepsen Stahl v Hauptzollamt Emmerich (Rec 1993,p I-4721) (Judgment) C-248/92; [1993] EUECJ C-248/92 2 Aug 1993 ECJ European [ Bailii ] Â Lange v Finanzamt Furstenfeldbruck (Rec 1993,p I-4677) (Judgment) C-111/92; [1993] EUECJ C-111/92 2 Aug 1993 ECJ European [ Bailii ] Â Commission v Spain (Judgment) C-355/90; [1993] ECR I-4221; [1993] EUECJ C-355/90 2 Aug 1993 ECJ European, Environment, Animals Europa Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological value. The obligations on Member States under those articles exist even before any reduction is observed in the number of birds or any risk of a protected species becoming extinct has materialized. In implementing Directive 79/409 on the conservation of wild birds, Member States are not authorized to invoke, at their option, grounds of derogation based on taking other interests into account. With respect, more specifically, to the obligation to take special conservation measures for certain species under Article 4 of the directive, such grounds must, in order to be acceptable, correspond to a general interest which is superior to the general interest represented by the ecological objective of the directive. In particular, the interests referred to in Article 2 of the directive, namely economic and recreational requirements, do not enter into consideration, as that provision does not constitute an autonomous derogation from the general system of protection established by the directive. In choosing the territories which are most suitable for classification as special protection areas pursuant to Article 4(1) of Directive 79/409 on the conservation of wild birds, Member States have a certain discretion which is limited by the fact that the classification of those areas is subject to certain ornithological criteria determined by the directive, such as the presence of birds listed in Annex I to the directive, on the one hand, and the designation of a habitat as a wetland area, on the other. However, Member States do not have the same discretion under Article 4(4) of the directive to modify or reduce the extent of such areas. Where there has been a failure to classify a suitable area, in breach of Article 4, the requirements of Article 4(4) must still be complied with. 1 Citers [ Bailii ] Â Commission v Netherlands (Rec 1993,p I-4739) (Judgment) C-303/92; [1993] EUECJ C-303/92 2 Aug 1993 ECJ European [ Bailii ] Â CELBI v Fazenda Publica (Rec 1993,p I-4337) (Judgment) C-266/91; [1993] EUECJ C-266/91 2 Aug 1993 ECJ European [ Bailii ] Â Hoche v BALM (Rec 1993,p I-4623) (Judgment) C-87/92; [1993] EUECJ C-87/92 2 Aug 1993 ECJ European [ Bailii ] Â Ministere public and Direction du travail and de l'emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment) C-158/91; [1993] EUECJ C-158/91 2 Aug 1993 ECJ European [ Bailii ] Â Dinter v Hauptzollamt Bad Reichenhall (Rec 1993,p I-4601) (Judgment) C-81/92; [1993] EUECJ C-81/92 2 Aug 1993 ECJ European [ Bailii ] Â Commission v Italy (Rec 1993,p I-4655) (Judgment) C-107/92; [1993] EUECJ C-107/92 2 Aug 1993 ECJ European [ Bailii ] Â Commission v Italy (Rec 1993,p I-4707) (Judgment) C-139/92; [1993] EUECJ C-139/92 2 Aug 1993 ECJ European [ Bailii ] Â Kuhn v Landwirtschaftskammer Rheinland-Pfalz (Rec 1993,p I-4439) (Judgment) C-289/91; [1993] EUECJ C-289/91 2 Aug 1993 ECJ European [ Bailii ] Â Commission v Greece (Rec 1993,p I-4467) (Judgment) C-9/92; [1993] EUECJ C-9/92 2 Aug 1993 ECJ European [ Bailii ] Â Commission v Italy (Rec 1993,p I-4201) (Judgment) C-366/89; [1993] EUECJ C-366/89 2 Aug 1993 ECJ European [ Bailii ] Â Commission of the European Community v United Kingdom Independent, 24 August 1993; C-56/90 24 Aug 1993 ECJ Environment, European The wording in the directive regarding the 'traditional practice of bathing by large numbers' is precise, and the UK must implement it. Europa 1. Acts of the institutions - Directives - Implementation by the Member States - Information given to the Commission concerning planned measures - Obligation of the Commission to react within a specific period - None - Possibility of subsequently bringing proceedings against a Member State for failure to fulfil obligations (EEC Treaty, Arts 5, 169 and 189, third para.) 2. Approximation of laws - Quality of bathing water - Directive 76/160 - Bathing waters - Definition - Areas specially equipped for bathing and supervised by lifeguards - included irrespective of the actual number of bathers (Council Directive 76/160, Art. 1(2)(a), second indent) 3. Approximation of laws - Quality of bathing water - Directive 76/160 - Implementation by the Member States - Obligation as to the result to be achieved (Council Directive 76/160) 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission's initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations. 2. The definition of "bathing water" within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive' s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards. 3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation. Â Re Criminal Proceedings v Paul Corbeau (Civil Party: Regie Des Postes) Ind Summary, 06 September 1993; C-320/91; [1993] EUECJ C-320/91 6 Sep 1993 ECJ European Member may not apply criminal law to trading outside national monopoly. [ Bailii ] Â Noonan v Commission T-60/92; [1993] EUECJ T-60/92 16 Sep 1993 ECFI European Officials - Admissibility - Action challenging a decision of a selection board applying the conditions laid down in a competition notice. 1 Citers [ Bailii ] Â Sa Chaussure Bally v Ministry of Finance Belgium Ind Summary, 20 September 1993; Times, 22 July 1993; C-18/92; C-18/92; [1993] EUECJ C-18/92 20 Sep 1993 ECJ VAT, Consumer, European, VAT The Vatable amount is based on what a purchaser pays ignoring any commissions. 1 Citers [ Bailii ] Â Yorck von Wartenburg v Parliament (Rec 1993,p II-925) T-57/92; [1993] EUECJ T-57/92 28 Sep 1993 ECFI European [ Bailii ] Â Nielsen and Mller v ESC (Rec 1993,p II-949) T-84/92; [1993] EUECJ T-84/92 28 Sep 1993 ECFI European [ Bailii ] Â Magdalena Fernandez v Commission (Rec 1993,p II-971) T-90/92; [1993] EUECJ T-90/92 28 Sep 1993 ECFI European [ Bailii ] Â Baiwir and others v Commission (Rec 1993,p II-987) T-103/92; [1993] EUECJ T-103/92 28 Sep 1993 ECFI European [ Bailii ] Â Hogan v Court of Justice (Rec 1993,p II-1005) T-497/93 29 Sep 1993 ECFI European Â Driessen and others v Minister van Verkeer en Waterstaat (Rec 1993,p I-4751) (Judgment) C-13/92; [1993] EUECJ C-13/92 5 Oct 1993 ECJ European [ Bailii ] Â Koch v Oberfinanzdirektion Munchen (Rec 1993,p I-4795) (Judgment) C-377/92; [1993] EUECJ C-377/92 5 Oct 1993 ECJ European [ Bailii ] Â Italy v Commission (Rec 1993,p I-4813) (Judgment) C-55/91; [1993] EUECJ C-55/91 6 Oct 1993 ECJ European [ Bailii ] Â Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment) Times, 12 October 1993; C-109/91; [1993] EUECJ C-109/91 6 Oct 1993 ECJ European, Discrimination Barber judgment of 17-May-90 date of equality of treatment re pensions. 1 Cites 1 Citers [ Bailii ] Â Branco v Court of Auditors T-507/93 8 Oct 1993 ECFI European Â Criminal proceedings against Vanacker and Lesage 1993] ECR I-4947; C-37/92; [1993] EUECJ C-37/92 12 Oct 1993 ECJ Constitutional, European (Judgment) 1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, those courts are required to interpret their national law in the light of the wording and the purpose of the directive. 2. Directive 75/439 on the disposal of waste oils precludes national legislation establishing a system of collection and disposal of waste oils for the benefit of undertakings to which the administrative authorities grant approval for exclusive zones, and which in fact allows such approval to be granted only to national undertakings. [ Bailii ] Â Commission v Spain (Rec 1993,p I-5095) (Judgment) C-378/92; [1993] EUECJ C-378/92 13 Oct 1993 ECJ European [ Bailii ] Â INPS v Baglieri (Rec 1993,p I-5211) (Judgment) C-297/92; [1993] EUECJ C-297/92 20 Oct 1993 ECJ European [ Bailii ] Â CFE v Parliament (Rec 1993,p I-5237) (Judgment) C-338/92; [1993] EUECJ C-338/92 20 Oct 1993 ECJ European [ Bailii ] Â Spotti v Freistaat Bayern (Rec 1993,p I-5185) (Judgment) C-272/92; [1993] EUECJ C-272/92 20 Oct 1993 ECJ European [ Bailii ] Â Balocchi v Ministero delle finanze dello Stato (Rec 1993,p I-5105) (Judgment) C-10/92; [1993] EUECJ C-10/92 20 Oct 1993 ECJ European [ Bailii ] Â Phil Collins and Patricia Im- und Export v Imtrat and EMI Electrola Ind Summary, 06 December 1993; Times, 19 November 1993; C-92/92; [1993] EUECJ C-92/92 20 Oct 1993 ECJ Intellectual Property, European Member states must not apply rules differently to nationals of other states. Non-nationals have copyright protection under article 7 of the Treaty [ Bailii ] Â Nutral v Commission (Rec 1993,p II-1023) T-492/93; [1993] EUECJ T-492/93 21 Oct 1993 ECFI European [ Bailii ] Â B v Commission (Rec 1993,p II-1037) T-41/93; [1993] EUECJ T-41/93 25 Oct 1993 ECFI European [ Bailii ] Â Caronna v Commission (Rec 1993,p II-1129) T-59/92; [1993] EUECJ T-59/92 26 Oct 1993 ECFI European [ Bailii ] Â Weissenfels v Parliament (Rec 1993,p II-1095) T-22/92; [1993] EUECJ T-22/92 26 Oct 1993 ECFI European [ Bailii ] Â Reinarz v Commission (Rec 1993,p II-1047) T-6/92; [1993] EUECJ T-6/92 26 Oct 1993 ECFI European [ Bailii ] Â Â Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen; ECJ 27-Oct-1993 - C-338/91; [1993] ECR 1-5475; [1993] EUECJ C-338/91; [1994] ECR I 5483 Â Â Muys' en De Winter's Bouwen Aannemingsbedrijf v Staatssecretaris van Financien; ECJ 27-Oct-1993 - C-281/91; [1993] EUECJ C-281/91 Â Criminal proceedings against Decoster (Rec 1993,p I-5335) (Judgment) C-69/91; [1993] EUECJ C-69/91 27 Oct 1993 ECJ European [ Bailii ] Â Â Enderby v Frenchay Health Authority and Another; ECJ 27-Oct-1993 - Times, 12 November 1993; Ind Summary, 29 November 1993; [1993] IRLR 591; C-127/92; [1993] EUECJ C-127/92; [1994] ICR 112; [1994] 1 All ER 495; [1994] 1 CMLR 8; [1993] ECR I-5535 Â Procureur du Roi v Lagauche and others (Judgment) C-46/90; [1993] EUECJ C-46/90 27 Oct 1993 ECJ European, Commercial Europa Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Type-approval by a public body of radio equipment which it has not supplied ° Possibility of challenging the decision before the courts ° Permissible (EEC Treaty, Art. 30) State monopolies of a commercial nature - Prohibition of marketing radio equipment not granted type-approval by the competent public body ° Inapplicability of Article 37 of the Treaty (EEC Treaty, Art. 37) 3. Competition - Public undertakings and undertakings to which the Member States grant special or exclusive rights ° Market in telecommunications terminal equipment ° National rules prohibiting the marketing of equipment not granted type-approval by a public undertaking present on the telecommunications market ° Not permissible (Commission Directive 88/301, Art. 6) Competition ° Community rules ° Provisions applicable to public undertakings and to undertakings to which Member States grant special and exclusive rights ° Matters covered ° National rules prohibiting the possession of radio equipment without ministerial authorization and the marketing of such equipment without type-approval granted by the competent minister ° Excluded (EEC Treaty, Arts 86 and 90(1)). [ Bailii ] Â Scharbatke v Germany (Rec 1993,p I-5509) (Judgment) C-72/92; [1993] EUECJ C-72/92 27 Oct 1993 ECJ European [ Bailii ] Â Criminal proceedings against Taillandier (Rec 1993,p I-5383) (Judgment) C-92/91; [1993] EUECJ C-92/91 27 Oct 1993 ECJ European [ Bailii ] Â Van Gemert-Derks v Bestuur van de Nieuwe Industriele Bedrijfsvereniging (Rec 1993,p I-5435) (Judgment) C-337/91; [1993] EUECJ C-337/91 27 Oct 1993 ECJ European [ Bailii ] Â An Bord Bainne Co-Operative Ltd and Another v Intervention Board for Agricultural Produce Times, 27 October 1993; C-124/92; [1993] EUECJ C-124/92 27 Oct 1993 ECJ European Quality requirements imposed are to be in accordance with normal commercial trading risks. [ Bailii ] Â FRSEA and FNSEA v Council T-476/93; [1993] EUECJ T-476/93 28 Oct 1993 ECFI European ECJ 1. The fact that it is possible to determine the number or even the identity of the persons to whom a measure applies at any given time is not sufficient to call into question the legislative nature of the measure, as long as it is established that it applies to them by virtue of an objective legal or factual situation defined by the measure in question in relation to its purpose. In order for a measure to be regarded as of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to persons seeking its annulment, it must affect their legal position because of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as in the case of a person addressed. A regulation extending eligibility under the system of premiums for maintaining suckler cows to small and medium-sized milk producers with an individual reference quantity greater than 60 000 kg of milk but not greater than 120 000 kg and who keep suckler cows applies to objectively defined situations and affects the legal position of persons referred to in general and abstract terms. It therefore concerns such milk producers only in their objective capacity as economic operators in the beef and veal sector, in the same way as any other economic operator in the same situation. 2. It is not possible to accept the principle that an association, in its capacity as representative of a category of operators, is individually concerned by a measure affecting the general interests of that category. [ Bailii ] Â Zunis Holding and others v Commission T-83/92; [1993] EUECJ T-83/92 28 Oct 1993 ECFI European 1. The fact that a letter has been sent by a Community institution to a person in response to a request by that person is not sufficient for it to be regarded as a decision within the meaning of Article 173 of the Treaty, thereby opening the way for an action for annulment. Only measures having binding legal effects of such a nature as to affect the interests of the applicant by having a significant effect on his legal position constitute acts or decisions against which proceedings for annulment may be brought under Article 173 of the Treaty. 2. In the examination as to whether an action seeking the annulment of a negative decision taken by an institution is admissible, that decision must be appraised in the light of the nature of the request to which it constitutes a reply. In particular, the refusal by a Community institution to withdraw or amend an act may constitute an act whose legality may be reviewed under Article 173 of the Treaty only if the act which the Community institution refuses to withdraw or amend could itself have been contested under that provision. 3. The mere fact that a Commission decision declaring that a concentration does not come within the scope of Regulation No 4064/89 may affect the relations between the different shareholders of the notifying companies does not of itself mean that any individual shareholder can be regarded as directly and individually concerned by that decision. That decision is not of such a nature as by itself to affect the substance or extent of the rights of those shareholders, either as regards their proprietary rights or the ability to participate in the company management conferred on them by such rights. 4. The legal certainty which must be guaranteed to traders and the shortness of the time-limits which is a feature of the general system of Regulation No 4064/89 on concentrations between undertakings require in any event that a request for the reopening of the investigation proceedings provided for under that regulation on the ground of the discovery of an allegedly new fact should be submitted within a reasonable period. A shareholder of one of the companies in question cannot rely on such a request submitted late for the purpose of contending that he must be regarded as individually concerned, within the meaning of the second paragraph of Article 173 of the Treaty, by the decision taken by the Commission at the conclusion of those proceedings on the ground that, if he had been aware from the outset of that fact, he would have applied to intervene in the proceedings and would consequently have had a right of action to protect his legitimate interests. [ Bailii ] Â Guna v Council T-463/93; [1993] EUECJ T-463/93 29 Oct 1993 ECFI European ECFI Articles 7 and 9 of Directive 92/73 widening the scope of Directives 65/65 and 75/319 on pharmaceutical products and laying down additional provisions on homeopathic medicinal products are not of direct and individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to manufacturers and importers of homeopathic medicinal products who cannot, therefore, bring an action to have those provisions annulled. [ Bailii ] Â Wieschemann v Commission T-431/93; [1993] EUECJ T-431/93 29 Oct 1993 ECFI European ECFI Procedure - Action devoid of purpose - No need to give a decision [ Bailii ] Â Otto v Postbank (Rec 1993,p I-5683) (SV93-397) (Judgment) C-60/92; [1993] EUECJ C-60/92 10 Nov 1993 ECJ European [ Bailii ] Â Netherlands v Commission (Rec 1993,p I-5611) (Judgment) C-48/91; [1993] EUECJ C-48/91 10 Nov 1993 ECJ European [ Bailii ] Â Petrogal v Correia, Simoes and Companhia and Correia, Sousa and Crisostomo (Rec 1993,p I-5659) (Judgment) C-39/92; [1993] EUECJ C-39/92 10 Nov 1993 ECJ European [ Bailii ] Â Scaramuzza v Commission (Rec 1993,p I-5715) (Order) C-76/93 15 Nov 1993 ECJ European Â Scaramuzza v Commission (Rec 1993,p I-5721) (Order) C-76/93 15 Nov 1993 ECJ European Â Deutscher Kraftverkehr and Mobil Oil v Generale de Banque and others (Judgment) C-20/93; [1993] EUECJ C-20/93 16 Nov 1993 ECJ European [ Bailii ] Â Criminal proceedings against Meng C-2/91; [1993] EUECJ C-2/91 17 Nov 1993 ECJ European ECJ Opinion - Convention Nº 170 of the International Labour Organization concerning safety in the use of chemicals at work. Opinion 2/91. [ Bailii ] Â Commission v Luxembourg (Rec 1993,p I-5907) (Judgment) C-69/92; [1993] EUECJ C-69/92 17 Nov 1993 ECJ European [ Bailii ] Â Commission v France (Rec 1993,p I-5881) (Judgment) C-68/92; [1993] EUECJ C-68/92 17 Nov 1993 ECJ European [ Bailii ] Â Commission v Spain (Rec 1993,p I-5997) (Judgment) C-73/92; [1993] EUECJ C-73/92 17 Nov 1993 ECJ European [ Bailii ] Â Commission v Spain (Rec 1993,p I-5923) (Judgment) C-71/92; [1993] EUECJ C-71/92 17 Nov 1993 ECJ European [ Bailii ] Â Â Criminal proceedings against Ohra Schadeverzekeringen; ECJ 17-Nov-1993 - C-245/91; [1993] EUECJ C-245/91 Â Bundesanstalt fur den Guterfernverkehr v Reiff (Rec 1993,p I-5801) (SV93-419) (Judgment) C-185/91; [1993] EUECJ C-185/91 17 Nov 1993 ECJ European [ Bailii ] Â Criminal proceedings against 'Twee Provincien' (Rec 1993,p I-6045) (Judgment) C-285/92; [1993] EUECJ C-285/92 17 Nov 1993 ECJ European [ Bailii ] Â Schumacher v Bezirksregierung Hannover C-365/92; [1993] EUECJ C-365/92 23 Nov 1993 ECJ European [ Bailii ] Â Cordier v Commission (Rec 1993,p II-1215) T-13/93; [1993] EUECJ T-13/93 24 Nov 1993 ECFI European [ Bailii ] Â Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) Times, 25 November 1993; C-267/91; [1993] EUECJ C-267/91 24 Nov 1993 ECJ European, Commercial, Crime A national law is fair if the rules it applies deal equally to imported and home goods. Europa Free movement of goods Âº Quantitative restrictions Âº Measures having equivalent effect Âº Concept Âº Obstacles to trade resulting from disparities between national legislation laying down requirements to be met by goods Âº Included Âº Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory way Âº Inapplicability of Article 30 of the Treaty Âº Legislation prohibiting resale at a loss. EEC Treaty Art. 30 [ Bailii ] Â Etablissements Armand Mondiet SA v Armement Islais SARL C-405/92; [1993] EUECJ C-405/92; [1993] ECR I-6133 24 Nov 1993 ECJ European, Agriculture Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying or in which it is registered. It has, in particular, competence to adopt, for vessels flying the flag of a Member State or registered in a Member State, measures for the conservation of the fishery resources of the high seas. The limitation on the use of driftnets, imposed by Regulation No 345/92 amending for the 11th time Regulation No 3094/86 laying down certain technical measures for the conservation of fishery resources, was adopted primarily in order to ensure the conservation and rational exploitation of fishery resources and to limit the fishing effort. Those rules are therefore an integral part of the common agricultural policy, whose objectives under Article 39 of the Treaty include ensuring the rational development of production and assuring the availability of supplies, and could therefore be validly adopted by the Council solely on the basis of the provisions governing the common fisheries policy. Even if considerations of environmental protection were a contributory factor in the decision to adopt that regulation, that does not of itself mean that it must be covered by Article 130s of the Treaty. It follows from the wording of Article 2 of Regulation No 170/83 establishing a Community system for the conservation and management of fishery resources that the measures for the conservation of fishery resources need not be completely consistent with the scientific advice and the absence of such advice or the fact that it is inconclusive cannot prevent the Council from adopting such measures as deems necessary for achieving the objectives of the common fisheries policy. Thus, the Council could prohibit the use of large-scale driftnets under Regulation No 345/92 without exceeding the limits of the discretionary power conferred on it in the implementation of the common agricultural policy. The available scientific advice did not address the problem of the balanced exploitation of all the biological resources of the sea on a lasting basis and in appropriate economic and social conditions and in formulating the prohibition at issue in the light of the Community' s international duty to cooperate in the conservation and management of the living resources of the high seas the Council was merely conforming with widely-held international opinion. In exercising its discretion by limiting, in Article 1(8) of Regulation No 345/92, the derogation from the prohibition on driftnets more than 2.5 kilometres long to five kilometres, and until 31 December 1993 only, the Council' s intention was to proceed gradually towards the ultimate objective of prohibiting all such nets exceeding 2.5 kilometres in length and its action was not contrary to the principle of relative stability or prejudicial to the other objectives of the common fisheries policy. The principle of relative stability of fishing activities defined in Article 4(1) of Regulation No 170/83 relates only to the distribution between the Member States of the volume of catches available to the Community, for each of the stocks of fish considered, and does not apply where fishermen from the Member States may continue to fish even if they are obliged to desist from using certain fishing methods. In pursuing the various objectives of the common agricultural policy set out in Article 39 of the Treaty, the Community institutions must constantly reconcile any conflicts between these objectives taken individually and, where necessary, allow any one of them temporary priority in order to satisfy the demands of the economic factors or conditions in view of which their decisions are made. 1 Citers [ Bailii ] Â X v Commission (Rec 1993,p II-1235) T-89/91; [1993] EUECJ T-89/91 25 Nov 1993 ECFI European [ Bailii ] Â Tete and others v EIB (Rec 1993,p II-1257) T-460/93; [1993] EUECJ T-460/93 26 Nov 1993 ECFI European [ Bailii ] Â Koelman v Commission T-56/92; [1993] EUECJ T-56/92 29 Nov 1993 ECFI European ECJ 1. The Community court manifestly lacks jurisdiction to issue directions to Community institutions, to Member States or to natural or legal persons, or to find unlawful, on whatever ground, the actions of Member States or of natural or legal persons on the initiative of natural or legal persons, or to annul agreements concluded by such persons. 2. Claims seeking annulment of all acts of the Council and the Commission adopted in a specific area on the ground of manifest lack of legitimacy, without any indication of the acts for which annulment is sought, are not sufficiently precise to be admissible. 3. Under Article 19 of the Statute of the Court of Justice and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, all applications must indicate the subject-matter of the proceedings and include a brief statement of grounds relied on. The information given must be sufficiently clear and precise to enable the defendant to prepare his defence and the Court to give a ruling, if appropriate, without other information in support. In order to ensure legal certainty and the sound administration of justice, if an action is to be admissible, the essential facts and law on which it is based must be apparent from the text of the application itself, even if only stated briefly, provided the statement is coherent and comprehensible. If specific points in the text of the application can be supported and completed by references to specific passages in the documents attached, a general reference to other documents cannot compensate for the lack of essential information in the application itself, even if those documents are attached to the application. It is not for the Community judicature to do the work of the applicant and his lawyer by trying to locate and identify in the numerous annexes to which the application makes general reference the information which may support the claims formulated in the application. 4. Where, in an action for a declaration that a Community institution has failed to act, the act in question in the proceedings was adopted after they were brought, but before delivery of the judgment, the application becomes devoid of purpose so there is no longer any need to give a ruling. [ Bailii ] Â Kirsammer-Hack v Sidal (Rec 1993,p I-6185) (Judgment) C-189/91; [1993] EUECJ C-189/91 30 Nov 1993 ECJ European [ Bailii ] Â Perakis v Parliament (Rec 1993,p II-1299) T-78/92; [1993] EUECJ T-78/92 30 Nov 1993 ECFI European [ Bailii ] Â Tsirimokos v Parliament (Rec 1993,p II-1281) T-76/92; [1993] EUECJ T-76/92 30 Nov 1993 ECFI European [ Bailii ] Â Vienne v Parliament (Rec 1993,p II-1327) T-15/93; [1993] EUECJ T-15/93 30 Nov 1993 ECFI European [ Bailii ] Â Deutsche Renault v AUDI (Rec 1993,p I-6227) (SV93-439) (Judgment) C-317/91; [1993] EUECJ C-317/91 30 Nov 1993 ECJ European [ Bailii ] Â D v Commission (Rec 1993,p II-1347) T-549/93 30 Nov 1993 ECFI European Â Commission v Denmark (Rec 1993,p I-6273) (Judgment) C-234/91; [1993] EUECJ C-234/91 1 Dec 1993 ECJ European [ Bailii ] Â Commission v Belgium (Rec 1993,p I-6295) (Judgment) C-37/93; [1993] EUECJ C-37/93 1 Dec 1993 ECJ European [ Bailii ] Â Stephan Max Wirth v Landeshauptstadt Hannover Hannover C-109/92; [1993] EUECJ C-109/92 7 Dec 1993 ECJ European, Education Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided in an establishment of higher education which is financed out of public funds and where students pay only enrolment fees. Conversely, courses given in an establishment of higher education which seeks to make an economic profit and which is financed essentially out of private funds, particularly out of payments made by students or their parents, do constitute services within the meaning of Article 60 of the Treaty. 2. Where the courses concerned are followed in an establishment whose activities do not constitute services within the meaning of Article 60 of the Treaty, Articles 59 and 62 of the Treaty do not preclude a Member EEC Treaty Art 60 [ Bailii ] Â Federmineraria v Commission (Rec 1993,p I-6357) (Judgment) C-6/92; [1993] EUECJ C-6/92 7 Dec 1993 ECJ European [ Bailii ] Â ADM Olmuhlen v BALM (Rec 1993,p I-6473) (Judgment) C-339/92; [1993] EUECJ C-339/92 7 Dec 1993 ECJ European [ Bailii ] Â Pierrel and others v Ministero della Sanita (Rec 1993,p I-6419) (Judgment) C-83/92; [1993] EUECJ C-83/92 7 Dec 1993 ECJ European [ Bailii ] Â Rima v Council (Rec 1993,p I-6303) (Judgment) C-216/91; [1993] EUECJ C-216/91 7 Dec 1993 ECJ European [ Bailii ] Â Criminal proceedings against Huygen and others (Rec 1993,p I-6381) (Judgment) C-12/92; [1993] EUECJ C-12/92 7 Dec 1993 ECJ European [ Bailii ] Â Kruidvat v Commission (Rec 1993,p II-1363) T-87/92 8 Dec 1993 ECFI European Â Kruidvat v Commission (Rec 1993,p II-1383) T-87/92 8 Dec 1993 ECFI European Â Kruidvat v Commission (Rec 1993,p II-1369) T-87/92 8 Dec 1993 ECFI European Â Kruidvat v Commission (Rec 1993,p II-1375) T-87/92 8 Dec 1993 ECFI European Â Lepore and Scamuffa v Office national des pensions C-45/92; [1993] EUECJ C-45/92 9 Dec 1993 ECJ European [ Bailii ] Â Parliament v Volger (Rec 1993,p I-6549) (Judgment) C-115/92; [1993] EUECJ C-115/92P 9 Dec 1993 ECJ European [ Bailii ] Â Gestevision Telecinco v Commission (Rec 1993,p II-1409) T-543/93; [1993] EUECJ T-543/93 14 Dec 1993 ECFI European [ Bailii ] Â Calvo Alonso-Cortes v Commission T-29/93; [1993] EUECJ T-29/93 14 Dec 1993 ECFI European [ Bailii ] Â Moroni v Collo C-110/91; [1993] EUECJ C-110/91; [1994] PLR 211; [1993] ECR 6591; [1994] IRLR 130; [1993] ECR I-6591; [1995] ICR 137 14 Dec 1993 ECJ European, Discrimination ECJ (Judgment) 1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to the prohibition of discrimination based on sex laid down by that provision. It does not matter in this regard that the scheme was established in accordance with national legislation and this requires the pension for which the scheme provides to be paid at the same time as the employee begins to draw the statutory pension. Consequently, it is contrary to Article 119 of the Treaty if under a supplementary occupational pension scheme a male employee is entitled to claim a company pension only at a higher age than a female employee in the same situation owing to the setting of different retirement ages for men and women. 2. Article 119 applies directly to all forms of discrimination which may be identified solely with the aid of the criteria of equal work and equal pay referred to by that article, without national or Community measures being required to define them with greater precision in order to permit their application. Since with the aid of the constitutive elements of the pay in question and of the criteria laid down in Article 119 discrimination may be directly identified as arising from the setting of different retirement ages for men and women in the matter of company pensions, the worker discriminated against may, notwithstanding the provisions of Directive 86/378, assert his rights to payment of the company pension at the same age as his female counterpart and any reduction in the event of early departure from the service of the undertaking must be calculated on the basis of that age. However, by virtue of the judgment of 17 May 1990 in Case C-262/88 Barber, the direct effect of Article 119 of the Treaty may be relied on in order to claim equal treatment in the matter of occupational pensions only in relation to benefits payable in respect of periods of service subsequent to the date of that judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law. [ Bailii ] Â Commission v Belgium (Rec 1993,p I-6825) (Judgment) C-31/93; [1993] EUECJ C-31/93 15 Dec 1993 ECJ European [ Bailii ] Â Ligur Carni and others v Unita Sanitaria Locale no XV di Genova and others (Rec 1993,p I-6621) (Judgment) C-277/91; [1993] EUECJ C-277/91 15 Dec 1993 ECJ European [ Bailii ] Â Criminal proceedings against Charlton and others (Rec 1993,p I-6755) (Judgment) C-116/92; [1993] EUECJ C-116/92 15 Dec 1993 ECJ European [ Bailii ] Â Hunermund and others v Landesapothekerkammer Baden-Wurttemberg C-292/92; [1993] EUECJ C-292/92 15 Dec 1993 ECJ European [ Bailii ] Â Lubbock Fine v Commissioners of Customs and Excise C-63/92; [1993] ECR I-6685; [1994] QB 571; [1994] STC 101; [1993] EUECJ C-63/92 15 Dec 1993 ECJ European, VAT Europa The term "letting of immovable property" used in Article 13B(b) of the Sixth Directive (77/388) on the harmonization of the laws of the Member States relating to turnover taxes to define a transaction which is compulsorily exempt from VAT covers the case where a tenant, for consideration, surrenders his lease and returns the immovable property to his immediate landlord. The same provision, which allows Member States to apply, in addition to the specified exceptions, further exclusions to the scope of the exemption for the letting of immovable property, does not authorize them to tax such consideration when the rent paid under the lease was exempt under the said rule. The relations created by a lease cannot be broken up. 1 Citers [ Bailii ] Â Fabrizii and others v Office national des pensions (Rec 1993,p I-6707) (Judgment) C-113/92; [1993] EUECJ C-113/92 15 Dec 1993 ECJ European [ Bailii ] Â Luxlait v Hendel (Rec 1993,p I-6835) (Judgment) C-307/91; [1993] EUECJ C-307/91 16 Dec 1993 ECJ European [ Bailii ] Â Birds Eye Walls Ltd v Roberts Times, 16 December 1993; C-132/92; [1993] EUECJ C-132/92 16 Dec 1993 ECJ Discrimination, European Provisions bridging pension differences were not discriminatory under Art 119 of the Treaty. [ Bailii ] Â Friedrich Schultz v Hauptzollamt Heilbronn (Rec 1993,p I-6885) (Judgment) C-120/92; [1993] EUECJ C-120/92 16 Dec 1993 ECJ European, Agriculture Europa 1. Article 12(1) of Regulation No 1546/88 laying down detailed rules for the application of the additional levy on milk, as amended by Regulation No 1033/89, must be interpreted as meaning that a Member State is entitled to use only the periods of application of the additional levy scheme expressly laid down by that provision for the purposes of determining the fat content of milk to be considered representative which is taken into account when determining the reference quantities exempt from the levy. In so far as that provision designates the period to be regarded as the reference period and authorizes the choice of another period, which it also designates, in exceptional cases which it lists exhaustively, it lays down precise rules precluding any other possibility. 2. The difference in treatment between, on the one hand, producers the fat content of whose milk declined abnormally during the two periods of application of the additional levy scheme laid down by Article 12(1) of Regulation No 1546/88 for determining the fat content to be considered representative and, on the other, producers who may rely on a representative fat content within one or other of those periods, is objectively justified by the need to lay down, in the interests of both legal certainty and the effectiveness of the additional levy scheme, a limitation on the number of periods which may be taken into account as reference periods. Consequently, that difference in treatment cannot be described as discriminatory. [ Bailii ] Â Moat v Commission (Rec 1993,p II-1443) T-58/92; [1993] EUECJ T-58/92 16 Dec 1993 ECFI European [ Bailii ] Â Leguaye-Neelsen v Bundesversicherungsanstalt fur Angestellte C-28/92; [1993] EUECJ C-28/92 16 Dec 1993 ECJ European [ Bailii ] Â Daemen v Commission (Rec 1993,p II-1491) T-91/92; [1993] EUECJ T-91/92 16 Dec 1993 ECFI European, Administrative Europa Officials Competition based on tests Conduct of tests Anonymity rule Breach attributable to a candidate Paper of the person concerned nullified [ Bailii ] Â Mariette Turner v Commission of the European Communities (Rec 1993,p II-1465) T-80/92; [1993] EUECJ T-80/92 16 Dec 1993 ECFI European, Administrative Europa In determining whether a measure is a transfer or a reassignment, the Court cannot be bound by the legal classification adopted by the parties. There is a transfer under the term only where it is to a vacant post. Any transfer is subject to Articles 4 and 29. Those formalities do not apply to an official reassigned with his post. [ Bailii ] Â Moritz v Commission (Rec 1993,p II-1423) T-20/89 16 Dec 1993 ECFI European Â Wagner Miret v Fondo de garantia salarial (Rec 1993,p I-6911) (SV93-477) (Judgment) C-334/92; [1993] EUECJ C-334/92 16 Dec 1993 ECJ European [ Bailii ] Â Â Giorgio Pincherle v Commission of the European Communities; ECJ 22-Dec-1993 - C-244/91; [1993] EUECJ C-244/91P Â Neath v Steeper Times, 21 January 1994; C-152/91; [1993] EUECJ C-152/91 22 Dec 1993 ECJ Discrimination, European The use of differing actuarial factors by sex, is not a breach of the EC directive. Europa 1. Social policy - Male and female workers Âº Equal pay Applicability to private occupational pension schemes Âº Finding in the judgment of 17 May 1990 in Case C-262/88 Barber Âº Effects limited to benefits payable in respect of periods of service subsequent to the date of that judgment Âº Limitation also covering the value of transfer benefits and lump-sum options (EEC Treaty, Art. 119) 2. Social policy Âº Male and female workers Âº Equal pay Âº Pay Âº Concept Âº Employers' contributions paid under funded defined-benefit occupational pension schemes Âº Excluded (EEC Treaty, Art. 119) EEC Treaty 119 [ Bailii ] Â Commission of the European Communities v Ireland (Rec 1993,p I-7055) (Judgment) C-384/92; [1993] EUECJ C-384/92 22 Dec 1993 ECJ European, Agriculture Europa Failure to fulfil obligations - Directives concerning breeding animals of the porcine species, sheep and goats - Failure to transpose. Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting proper fulfilment of the obligations incumbent on the Member States to which a directive is addressed under Article 189 of the Treaty. EC Treaty Art 189 [ Bailii ] Â Â Lloyd-Textil v Hauptzollamt Bremen-Freihafen; ECJ 22-Dec-1993 - C-304/92; [1993] EUECJ C-304/92 Â Â Franz Eppe v Commission of the European Communities; ECJ 22-Dec-1993 - C-354/92; [1993] EUECJ C-354/92P Â Â BPL Group Plc v Commissioners of Customs and Excise; CA 27-Dec-1993 - Ind Summary, 27 December 1993 Â
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