Category: European

Sociaal Fonds voor de Diamantarbeiders v NV Indiamex et Association de fait De Belder: ECJ 13 Dec 1973

Europa In answering the question as to the application of charges having equivalent effect in trade with third countries, account must be taken both of the requirements resulting from the establishment of the common customs tariff, and of those resulting from a common commercial policy, within the meaning of articles 110 to 116 of the treaty, which, according to article 3 (b) of the treaty, regulates trade arrangements with third countries. The definition of the uniform principles upon which the common commercial policy is based involves, as does the common tariff itself, the elimination of national disparities, whether in the field of taxation or of commerce, affecting trade with third countries. It is for the commission or the council to evaluate these requirements in each case both as regards the establishment of the common customs tariff and the adoption of the common commercial policy. The member states may not, subsequent to the establishment of the common customs tariff, introduce, in a unilateral manner, new charges on goods imported directly from third countries or raise the level of those in existence at that time. As regards charges already in existence, prior evaluation by the community authorities is necessary in order to establish their incompatibility with the treaty and the obligation to eliminate them. It follows that such charges may only be considered to be incompatible with community law pursuant to provisions adopted by the community.

Citations:

C-37/73

European, Customs and Excise

Updated: 10 April 2022; Ref: scu.132277

Suiker Unie and Others v Commission: ECJ 16 Dec 1975

Citations:

C-40/73

Cited by:

Cited – Sel-Imperial Ltd v The British Standards Institution ChD 23-Apr-2010
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 10 April 2022; Ref: scu.132279

Procureur de la Republique at the Cour d’Appel Aix-en-Provence and Federation Nationale des Producteurs de Vins de Table and Vins de Pays v Paul Louis Lahaille and others: ECJ 30 Sep 1975

Europa Table wines, in order to be entitled to that designation and to move freely in the territory of the member states, need not comply with any rules of analysis other than those laid down in regulation no 816/70. A member state may not require in respect of wines from another member state an accompanying certificate other than that governed by community regulations. A member state may in the present state of community law apply as a national measure of control a presumption in law of over-alcoholization which is based on the proportion of alcohol to the dry extract measured by the 100* method, provided that that presumption is capable of being rebutted and that it is applied in such a way as not to place at a disadvantage, in law or in fact, as a measure having an effect equivalent to a quantitative restriction, wines from other member states.

Citations:

C-10/75

European, Agriculture

Updated: 10 April 2022; Ref: scu.132185

D’Amico v Landesversicherungsanstalt Rheinland-Pfalz: ECJ 9 Jul 1975

Europa Community law does not in principle provide for the right of an unemployed worker to claim unemployment benefits under the legislation of a member state other than the state in which he became unemployed. The insurance periods to be aggregated for the acquisition of the right to a retirement pension may include a period of unemployment which is regarded as equivalent to a period of employment by the legislation under which it was completed. On the other hand, when national legislation makes the early acquisition of the right to a retirement pension conditional upon the person concerned having been unemployed for a certain time as well as upon the completion of a period of membership of a social insurance scheme and when therefore the length of the period of unemployment is not intended to be aggregated to obtain the minimum period of membership required or to be used in the calculation of the benefit there are no grounds for taking into account a period of unemployment completed in another member state.

Citations:

C-20/75

European

Updated: 10 April 2022; Ref: scu.132187

Heinze v Landesversicherungsanstalt Rheinprovinz: ECJ 16 Nov 1972

ECJ The court has power to provide the national court with factors of interpretation depending on community law which might be useful to it in evaluating the effects of a provision of national law.
article 2(1) of regulation no 3 also refers to prophylactic or remedial measures.
the social security benefits which, although not related to the ‘earning capacity’ of the insured person, are also awarded to the member of his family and are principally intended to aid the recovery of the invalid and to protect those who are in contact with him must be regarded as sickness benefits within the meaning of article 2 (1) (a) of regulation no 3.
for the purposes of acquiring a right to such benefits, the aggregation of the affiliation periods completed in the various member states is governed by article 16 et seq. Of regulation no 3.

Citations:

C-14/72

European

Updated: 10 April 2022; Ref: scu.132077

Land Niedersachsen v Landesversicherungsanstalt Hannover (Judgment): ECJ 16 Nov 1972

Europa The court has power to provide the national court with factors of interpretation depending on community law which might be useful to it in evaluating the effects of a provision of national law.
Article 2 (1) of regulation no 3 also refers to prophylactic or remedial measures.
The social security benefits which, although not related to the ‘ earning capacity ‘ of the insured person, are also awarded to the members of his family and are principally intended to aid the recovery of the invalid and to protect those who are in contact with him must be regarded as sickness benefits within meaning of article 2(1)(a) for the purpose of acquiring a right to such benefits the aggregation of the affiliation periods completed in the various member states is governed by article 16 et seq. Of regulation no 3.

Citations:

C-15/72

European

Updated: 10 April 2022; Ref: scu.132078

Ortskrankenkasse Hamburg v Landesversicherungsanstalt Schleswig-Holstein (Judgment): ECJ 16 Nov 1972

Europa The court has power to provide the national court with factors of interpretation depending on community law which might be useful to it in evaluating the effects of a provision of national law.
Article 2(1) of regulation no 3 also refers to prophylactic or remedial measures.
The social security benefits which, although not related to the ‘earning capacity’ of the insured person, are also awarded to the members of his family and are principally intended to aid the recovery of the invalid and to protect those who are in contact with him must be regarded as sickness benefits within the meaning of article 2(1)(a) of regulation no 3. For the purposes of acquiring a right to such benefits the aggregation of the affiliation periods completed in the various member states is governed by article 16 et seq. Of regulation no 3.
For the purpose of acquiring a right to social security benefits, social security organizations in the member states are not bound to take into account affiliation periods completed in third countries.

Citations:

C-16/72

European

Updated: 10 April 2022; Ref: scu.132079