Category: European

Criminal proceedings against Herbert Gilli and Paul Andres: ECJ 26 Jun 1980

In the absence of common rules relating to the production and marketing of a product it is for member states to regulate all matters relating to its production, distribution and consumption on their own territory subject, however, to the condition that those rules do not present an obstacle, directly or indirectly, actually or potentially, to intra-community trade. It is only where national rules, which apply without discrimination to both domestic and imported products, may be justified as being necessary in order to satisfy imperative requirements relating in particular to the protection of public health, the fairness of commercial transactions and the defence of the consumer that they may constitute an exception to the requirements arising under article 30 of the EEC treaty. The concept of ‘measures having equivalent effect’ to ‘quantitative restrictions on imports’, occurring in article 30 of the eec treaty, is to be understood as meaning that a prohibition imposed by a member state on importing or marketing vinegar containing acetic acid not derived from the acetic fermentation of wine comes within that provision where the vinegar involved is lawfully produced and marketed in another member state.

Citations:

C-788/79

European

Updated: 10 April 2022; Ref: scu.132952

Alastair Menzies v Bundesversicherungsanstalt fur Angestellte: ECJ 26 Jun 1980

Europa Social security for migrant workers – invalidity insurance – calculation of benefits – application by analogy with provisions on insurance for old age and death – calculation of the theoretical and actual amount – supplementary period (‘zurechnungszeit’) – inclusion in the calculation of the theoretical amount – exclusion in the calculation of the actual amount (regulation no 1408/71 of the council, art. 46 (2) (a) and (b)). Although the calculation to be carried out under article 46 (2) (a) of regulation no 1408/71 is intended to give a worker the maximum theoretical amount which he could claim if all periods of insurance had been completed in the state in question, the purpose of the calculation under article 46 (2) (b) is solely to apportion the respective burdens of the benefit between the institutions of the member states concerned in the ratio of the length of the periods of insurance completed in each of the said member states before the risk materialized. It follows that if, in order to evaluate the benefit awarded in the event of premature invalidity or death of the insured person, the legislation of a member state provides that the benefit must be calculated in relation to not only periods of insurance completed by the insured person but also in relation to a supplementary period (‘zurechnungszeit’) equivalent to the interval of the time between the age of the insured person at the time at which the risk materialized and the time at which he reached the age of 55, that supplementary period must also be taken into account in the calculation of the theoretical amount referred to in article 46 (2) (a) but not in the calculation of the actual amount referred to in article 46 (2) (b) of regulation no 1408/71.

Citations:

C-793/79

European, Benefits

Updated: 10 April 2022; Ref: scu.132956