Category: European

Cockerill-Sambre v Commission: ECJ 24 Feb 1987

ECSC – production – steel production quotas – transfer of quotas – supervision by the commission – requirements – observance of the quarterly nature of quotas
(ECSC Treaty, art. 58; decision no 2177/83, art. 11(4)*)
although under article 11(4) of decision no 2177/83 undertakings may, after giving prior notice to the commission, make transfers of quotas so as to adjust their production to demand, it is necessary, in order to enable the commission to perform its supervisory function, that it should treat such transfers objectively and independently of individual conditions agreed between undertakings. Consequently, the quota which is transferred must always, irrespective of whether the transfer is by way of sale or under a contract for processing, be credited to the transferee and deducted from the transferor’ s available quota. Since the said provision allows only transfers of quotas relating to the current quarter, any return of quotas during the following quarter cannot affect the quotas available to the two undertakings for the past quarter.

Citations:

C-350/85, [1987] EUECJ C-350/85

Links:

Bailii

Jurisdiction:

European

European

Updated: 22 May 2022; Ref: scu.134268

Ministere public v Oscar Traen and others: ECJ 12 May 1987

Articles 8 to 12 of Directive 75/442 on waste cover all waste-disposal activities and do not impose any limitation relating to the legal status of the operator or the frequency or purpose of the activities concerned. Article 5 of the directive does not lay down any restrictive criteria concerning the ‘competent … Authorities to be responsible, in a given zone, for the planning, organization, authorization and supervision of waste-disposal operations’ which are to be established or designated by the member states and the latter are therefore unrestricted in their choice of such authorities. The permit provided for in article 8 of the directive is issued by those authorities and cannot be replaced by the consent of the owner or occupier of the land where the waste is discharged . An owner or occupier of land, as an operator tipping his own waste on that land, does not need a permit under article 8 but a measure subjecting him to such a requirement may be adopted as one of the necessary measures to be taken by the member states under article 4 of the directive. Subject to the usual limitations on the exercise of a discretionary power, the power enjoyed by the member states regarding organization of the supervision provided for in article 10 of the directive is qualified only by the requirement that the objectives of that directive, namely protection of human health and of the environment, must be complied with. A directive may not of itself impose obligations on an individual and a provision of a directive may not therefore be relied upon as such against such a person .

Citations:

C-372/85, R-374/85, [1987] EUECJ R-374/85, [1987] ECR 2141

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

European, Crime, Environment

Updated: 22 May 2022; Ref: scu.134282

Basset v Sacem (Rec 1987,P 1747) (Judgment): ECJ 9 Apr 1987

ECJ Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the member state where those sound recordings were lawfully placed on the market. The prohibitions laid down in article 86 of the eec treaty, properly construed, do not apply to the conduct of a national copyright-management society simply because it charges a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the member state where those sound recordings were lawfully placed on the market.

Citations:

C-402/85, R-402/85, [1987] EUECJ R-402/85

Links:

Bailii

European

Updated: 22 May 2022; Ref: scu.134296

Deufil v Commission: ECJ 6 Feb 1986

ECJ State aid for the production of polyamide and polypropylene. Interim Measures

Citations:

C-310/85, [1986] EUECJ C-310/85R

Links:

Bailii

Cited by:

Cited – Deufil v Commission ECJ 24-Feb-1987
ECJ 1. The aim of article 92 is to prevent trade between member states from being affected by benefits granted by the public authorities which, in various forms, distort or threaten to distort competition by . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 22 May 2022; Ref: scu.134230

Commission of the European Communities v Grand Duchy of Luxembourg: ECJ 17 Dec 1987

ECJ Officials – pensions – pension rights acquired before entry into the service of the communities – transfer to the community scheme – detailed rules -actuarial equivalent or sums repaid – possibility of choosing – obligations of the member states – limits (staff regulations of officials, annex viii, art. 11 (2)). Although the member states are under an obligation to take practical steps to enable officials to exercise the option conferred upon them by article 11 (2) of annex viii to the staff regulations of transferring the rights acquired under a national pension scheme to the community pension scheme, that provision, whose purpose is to ensure the transition from a national insurance scheme to the community scheme by one of the two procedures to which it refers, namely transfer of the actuarial equivalent or transfer of the sums repaid, without giving precedence to either, does not require the member states to grant officials the option of choosing between those two methods of calculation. Accordingly, if the provisions applicable in a member state to the transition from one national pension scheme to another make no provision for the calculation of the actuarial equivalent, article 11 (2) of annex viii to the staff regulations does not prevent that member state from adopting only the calculation of the sums repaid for the purpose of transferring pension rights from a national scheme to a community scheme.

Citations:

C-315/85, [1987] EUECJ C-315/85

Links:

Bailii

European, Employment

Updated: 22 May 2022; Ref: scu.134236

Pomar v Commission: ECJ 10 Jun 1987

Europa Any proceedings between an official and the institution by which he is employed, even if they involve an action for compensation, fall, where they originate in the relationship of employment between the person concerned and the institution, under article 179 of the eec treaty ( or article 152 of the eaec treaty ) and articles 90 and 91 of the staff regulations and, as regards in particular the admissibility of the application, outside the scope both of the articles of the constitutive treaties governing the general conditions of non-contractual liability of the communities and of the provisions of the statutes (ECSC, EEC and EAEC) of the Court of Justice which lay down a limitation period of five years for legal proceedings.

Citations:

C-317/85, [1987] EUECJ C-317/85

Links:

Bailii

European

Updated: 22 May 2022; Ref: scu.134238

Commission v Belgium (Judgment): ECJ 14 Jan 1988

A Member State ‘may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with its obligations under Community law’.

Citations:

C-227/85, C-228/85, C-229/85, C-230/85, [1988] ECR 1 11, [1988] EUECJ C-230/85

Links:

Bailii

Cited by:

Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 22 May 2022; Ref: scu.134159