swarb.co.uk - law index

European - From: 1994 To: 1994

This page lists 312 cases, and was prepared on 27 May 2018.

Although national law does not apply, compensation in respect of financial loss may be calculated by reference to the capitalization coefficient corresponding to natural life expectancy and to the rate of deduction to take account of active life expectancy on the basis of the statistical information available in the Member State concerned.

With regard to non-financial loss incurred by the victim, which includes all physical or mental suffering, the Court may grant a lump-sum amount assessed in the light of the injuries suffered and their sequelae.

2. In connection with the compensation payable in respect of loss and intended to restore as far as possible the financial position of the victim of an accident inflation subsequent to the event occasioning loss must be taken into account. The amount of compensation adjusted to take account of inflation bears interest for delayed payment at the annual rate of 8% with effect from the date of the Court' s judgment until actual payment.

 
PIA HiFi v Commission (Rec 1994,p I-387) (Order) C-388/93; [1994] EUECJ C-388/93
7 Feb 1994
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec 1994,p I-393) (Judgment) C-119/92; [1994] EUECJ C-119/92
9 Feb 1994
ECJ

European

[ Bailii ]
 
Latham v Commission (Rec 1994,p FP-IA-15,II-61) T-82/91; [1994] EUECJ T-82/91
9 Feb 1994
ECFI

European

[ Bailii ]
 
Latham v Commission (Rec 1994,p FP-IA-23,II-83) T-3/92; [1994] EUECJ T-3/92
9 Feb 1994
ECFI

European

[ Bailii ]
 
Haim v Kassenzahnartzliche Vereinigung Nordrhein C-319/92; [1994] EUECJ C-319/92
9 Feb 1994
ECJ

European

[ Bailii ]
 
Tawil-Albertini v Ministre des Affaires sociales (Rec 1994,p I-451) (Judgment) C-154/93; [1994] EUECJ C-154/93
9 Feb 1994
ECJ

European

[ Bailii ]
 
Lacruz Bassols v Court of Justice (Rec 1994,p FP-IA-31,II-105) T-109/92; [1994] EUECJ T-109/92
9 Feb 1994
ECFI

European

[ Bailii ]
 
White v Commission (Rec 1994,p FP-IA-41,II-143) T-107/92; [1994] EUECJ T-107/92
10 Feb 1994
ECFI

European

[ Bailii ]
 
Mund and Fester v Hatrex Internationaal Transport Times, 29 March 1994; C-398/92; [1994] EUECJ C-398/92
10 Feb 1994
ECJ

International, European
(Judgment) A presumption against the successful enforcement of a judgment was not valid against an EU member.
1 Citers

[ Bailii ]
 
Frinil v Commission (Rec 1994,p II-33) T-468/93; [1994] EUECJ T-468/93
10 Feb 1994
ECFI

European

[ Bailii ]
 
Groupement des cartes bancaires 'CB' and Europay International v Commission T-39/92; [1994] EUECJ T-39/92
23 Feb 1994
ECFI

European
ECJ Competition - Statement of objections - Price-fixing agreement - Restriction of competition - Market to be taken into consideration - Exemption - Fines.
[ Bailii ]

 
 Commission v Italy; ECJ 23-Feb-1994 - C-289/93; [1994] EUECJ C-289/93

 
 Commission v Belgium; ECJ 23-Feb-1994 - C-336/93; [1994] EUECJ C-336/93
 
Coussios v Commission T-18/92; [1994] EUECJ T-18/92
23 Feb 1994
ECFI

European
ECJ Officials - Notice of vacancy - Amendment - Rejection of an application - Reasons.
[ Bailii ]
 
Fonderia A v Cassa conguaglio per il settore elettrico (Judgment) C-100/92; [1994] EUECJ C-100/92
24 Feb 1994
ECJ

European

[ Bailii ]
 
Terni and Italsider v Cassa conguaglio per il settore elettrico (Rec 1994,p I-541) (Judgment) C-99/92; [1994] EUECJ C-99/92
24 Feb 1994
ECJ

European

[ Bailii ]
 
Burck v Commission (Rec 1994,p FP-IA-55,II-201) T-93/92; [1994] EUECJ T-93/92
24 Feb 1994
ECFI

European

[ Bailii ]

 
 Roks and others v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen; ECJ 24-Feb-1994 - C-343/92; [1996] EUECJ C-343/92D; [1994] 2 CMLR 325
 
Stahlschmidt v Parliament (Rec 1994,p FP-IA-65,II-227) T-38/93; [1994] EUECJ T-38/93
24 Feb 1994
ECFI

European

[ Bailii ]
 
Administration des douanes v Chiffre (Judgment) C-368/92; [1994] EUECJ C-368/92
24 Feb 1994
ECJ

European

[ Bailii ]
 
Calo v Commission (Rec 1994,p FP-IA-59,II-213) T-108/92; [1994] EUECJ T-108/92
24 Feb 1994
ECFI

European

[ Bailii ]
 
Hilti v Commission (Rec 1994,p I-667) (Judgment) C-53/92; [1994] EUECJ C-53/92P
2 Mar 1994
ECJ

European

[ Bailii ]
 
Parliament v Council (Rec 1994,p I-625) (Judgment) C-316/91; [1994] EUECJ C-316/91
2 Mar 1994
ECJ

European

[ Bailii ]
 
Tolsma v Inspecteur der Omzetbelasting (Rec 1994,p I-743) (Judgment) C-16/93
3 Mar 1994
ECJ

European


 
Cortes Jimenez and others v Commission T-82/92; [1994] EUECJ T-82/92
3 Mar 1994
ECFI

European

[ Bailii ]
 
Eurico Italia and others v Ente Nazionale Risi (Rec 1994,p I-711) (Judgment) C-332/92; [1994] EUECJ C-332/92
3 Mar 1994
ECJ

European

[ Bailii ]
 
Vaneetveld v Le Foyer (Rec 1994,p I-763) (Judgment) C-316/93; [1994] EUECJ C-316/93
3 Mar 1994
ECJ

European

[ Bailii ]

 
 Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another; HL 4-Mar-1994 - Times, 04 March 1994; Gazette, 11 May 1994; Independent, 09 March 1994; [1994] 2 WLR 409; [1994] IRLR 176; [1995] 1 AC 1; [1994] 1 ALL ER 910; [1994] ICR 307; [1994] UKHL 2; (1994) 92 LGR 360
 
Commission v France (Rec 1994,p I-787) (Order) C-249/91; [1994] EUECJ C-249/91
4 Mar 1994
ECJ

European

[ Bailii ]
 
De Hoe v Commission (Rec 1994,p I-819) (Order) C-338/93; [1994] EUECJ C-338/93P
7 Mar 1994
ECJ

European

[ Bailii ]
 
TWD v Bundesrepublik Deutschland (Rec 1994,p I-833) (Judgment) C-188/92; [1994] EUECJ C-188/92
9 Mar 1994
ECJ

European

[ Bailii ]
 
De Santis v Commission (Rec 1994,p FP-IA-79,II-267) T-56/94
11 Mar 1994
ECFI

European


 
Descom Scales Manufacturing v Council (Rec 1994,p I-867) (Order) C-6/94; [1994] EUECJ C-6/94R
11 Mar 1994
ECJ

European

[ Bailii ]
 
La Pietra v Commission (Rec 1994,p FP-IA-83,II-275) T-100/92; [1994] EUECJ T-100/92
15 Mar 1994
ECFI

European

[ Bailii ]
 
Banco Exterior de Espana v Ayuntamiento de Valencia (Judgment) C-387/92; [1994] EUECJ C-387/92
15 Mar 1994
ECJ

European
Europa A measure by which the public authorities grant to certain undertakings a tax exemption which, although not involving a transfer of State resources, places the persons to whom the tax exemption applies in a more favourable financial situation than other taxpayers constitutes State aid within the meaning of Article 92(1) of the Treaty.
The distinction which Article 93 of the Treaty draws between existing aid and new aid is equally applicable to State aid granted to public undertakings responsible for the management of services of general economic interest or having the character of a revenue-producing monopoly, which are covered by Article 90(2). It follows that such aid, where it has the character of existing aid may, as long as the Commission has not found it to be incompatible with the common market, continue to be implemented, whether or not it is capable of falling outside the scope of the prohibition of Article 92 by virtue of Article 90(2) of the Treaty. The rules on existing aid must be applied in the case of aid implemented in Spain by a law prior to the accession of that Member State to the European Communities.
[ Bailii ]
 
Commission v Spain (Rec 1994,p I-911) (Judgment) C-45/93; [1994] EUECJ C-45/93
15 Mar 1994
ECJ

European

[ Bailii ]
 
Smets v Commission (Rec 1994,p FP-IA-97,II-319) T-44/91; [1994] EUECJ T-44/91
17 Mar 1994
ECFI

European

[ Bailii ]
 
Hoyer v Commission (Rec 1994,p FP-IA-91,II-297) T-43/91; [1994] EUECJ T-43/91
17 Mar 1994
ECFI

European

[ Bailii ]
 
Smets v Commission (Rec 1994,p FP-IA-107,II-353) T-52/91; [1994] EUECJ T-52/91
17 Mar 1994
ECFI

European

[ Bailii ]
 
Hoyer v Commission (Rec 1994,p FP-IA-103,II-341) T-51/91; [1994] EUECJ T-51/91
17 Mar 1994
ECFI

European

[ Bailii ]
 
Commission v Spain (Rec 1994,p I-923) (Judgment) C-375/92; [1994] EUECJ C-375/92
22 Mar 1994
ECJ

European

[ Bailii ]

 
 Commission of the European Communities v Kingdom of Spain. (Member States); ECJ 23-Mar-1994 - C-268/93; [1994] EUECJ C-268/93
 
Huet v Court of Auditors (Rec 1994,p II-103,IA-111,II-365) T-8/93; [1994] EUECJ T-8/93
23 Mar 1994
ECFI

European

[ Bailii ]
 
Commission v Belgium (Rec 1994,p I-1019) (Judgment) C-80/92; [1994] EUECJ C-80/92
24 Mar 1994
ECJ

European

[ Bailii ]
 
Commission v United Kingdom (Rec 1994,p I-989) (Judgment) C-40/92; [1992] EUECJ C-40/92R
24 Mar 1994
ECJ

European, Agriculture

[ Bailii ]
 
Van Poucke v Rijksinstituut voor de Sociale Verzekeringen der Zelfstandigen and others (Rec 1994,p I-1101) (Judgment) C-71/93; [1994] EUECJ C-71/93
24 Mar 1994
ECJ

European

[ Bailii ]
 
Air France v Commission (Rec 1994,p II-121) (SVXV v II-1 FIXV v II-1) T-3/93; [1994] EUECJ T-3/93
24 Mar 1994
ECFI

European

[ Bailii ]
 
3M Medica v Oberfinanzdirektion Frankfurt am Main (Rec 1994,p I-1123) (Judgment) C-148/93; [1994] EUECJ C-148/93
24 Mar 1994
ECJ

European

[ Bailii ]
 
Her Majesty's Customs and Excise v Gerhart Schindler and Jorg Schindler Times, 30 March 1994; C-275/92; [1994] EUECJ C-275/92
24 Mar 1994
ECJ

European, Commercial
Europa The importation of lottery advertisements and tickets into a Member State with a view to the participation by residents of that State in a lottery conducted in another Member State relates to a "service" within the meaning of Article 60 of the Treaty and accordingly falls within the scope of Article 59 of the Treaty. Lottery activities, as services normally provided for remuneration constituted by the price of the ticket, do not, even as regards the cross-border sending and distribution of material objects necessary for their organization or operation, fall within the scope of the rules on the free movement of goods. Nor do they fall within the scope of the rules on the free movement of persons, or of those on free movement of capital, which concern capital movements as such and not all monetary transfers necessary to economic activities. Moreover, their classification as services is not affected by the fact that they are subject to particularly strict regulation and close control by the public authorities in the various Member States of the Community, since they cannot be regarded as activities whose harmful nature causes them to be prohibited in all the Member States and whose position under Community law may be likened to that of activities involving illegal products. Finally, neither the chance character of the winnings, as consideration for the payment received by the operator, nor the fact that, although lotteries are operated with a view to profit, participation in them may be recreational, nor even the fact that profits arising from a lottery may generally only be allocated in the public interest, prevents lottery activities from having an economic nature. National legislation which prohibits, subject to specified exceptions, the holding of lotteries in a Member State and which thus wholly precludes lottery operators from other Member States from promoting their lotteries and selling their tickets, whether directly or through independent agents, in the Member State which enacted that legislation, restricts, even though it is applicable without distinction, the freedom to provide services. However, since the legislation in question involves no discrimination on grounds of nationality, that restriction may be justified if it is for the protection of consumers and the maintenance of order in society. The particular features of lotteries justify national authorities having a sufficient degree of latitude to determine what is required to protect the players and, more generally, in the light of the specific social and cultural features of each Member State, to maintain order in society, as regards the manner in which lotteries are operated, the size of the stakes, and the allocation of the profits they yield, and to decide either to restrict or to prohibit them.
1 Citers

[ Bailii ]
 
Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock C-2/92; [1994] EUECJ C-2/92
24 Mar 1994
ECJ

European, Agriculture

[ Bailii ]
 
B v Commission (Rec 1994,p FP-IA-115,II-379) T-515/93; [1994] EUECJ T-515/93
28 Mar 1994
ECFI

European

[ Bailii ]
 
Ingetraut Scholz v Opera Universitaria Di Cagliari and Another Times, 29 March 1994; C-419/92; [1994] EUECJ C-419/92
29 Mar 1994
ECJ

Employment, European
An employer was not entitled to disregard experience in other EC country - discrimination.
[ Bailii ]
 
Regina v Secretary of State Environment, ex parte Friends of the Earth Ltd and Another Times, 04 April 1994; Independent, 12 April 1994
4 Apr 1994
QBD

Environment, European, Utilities
The Secretary of State may accept undertakings from water companies to provide a wholesome water supply, rather than requiring a court to order them to achieve the same thing.
Water Industry Act 1991 68(1)(a)

 
Directeur general des douanes and droits indirects v Superior France and Danzas [1994] ECR I-1161; [1994] EUECJ C-150/93
12 Apr 1994
ECJ

European
(Judgment) Common Customs Tariff - Tariff headings - Travel goods in PVC internally reinforced with fabric - Classification within Chapter 42 of the Combined Nomenclature as articles with outer surface of plastic - Criteria
For the purposes of the application of the subheadings in Chapter 42 of the Combined Nomenclature, travel goods in cellular plastic (PVC), internally reinforced with fabric, are to be regarded as goods with outer surface of plastic and not of textile material, if the textile material merely acts as reinforcement. Textile products which are untreated, unbleached, bleached or uniformly dyed, where applied to one surface only of plates, sheets and strips of cellular plastic, merely act as reinforcement.
[ Bailii ]
 
Halliburton Services v Staatssecretaris van Financien C-1/93; [1994] EUECJ C-1/93
12 Apr 1994
ECJ

European
Articles 52 and 58 of the Treaty preclude the law of a Member State from restricting exemption from the tax on transactions relating to immovable property, which is normally payable in connection with a reorganization within a group of companies only to cases where the company liable for tax acquires immovable property from a company constituted under national law, and refusing to grant such relief where the transferor is a company constituted under the law of another Member State.
The fact that the sale of immovable property gives rise to the payment of tax increases the cost of the transaction to the purchaser, and is passed on in the price likely to be obtained by the vendor. Where the latter is a company established in another Member State which transfers property forming part of the capital used in connection with its permanent establishment in the territory of the Member State where such legislation applies, it will be in a less favourable position than if it had operated in the latter State by creating a subsidiary there which would have fulfilled the conditions giving right to exemption.
Although the difference in treatment has only an indirect effect on the position of companies constituted under the law of other Member States, it constitutes discrimination on grounds of nationality which is prohibited by Article 52 of the Treaty because a company exercising the right given to it by Article 58 of the Treaty to carry on business in another Member State through the intermediary of a branch or agency is at a disadvantage compared with companies constituted in accordance with the law of that Member State.
Such discrimination cannot be justified by the difficulties encountered by the national authorities in checking equivalence between the forms in which national companies may be constituted and those of other Member States, since the information necessary for that purpose can be obtained with a view to imposing the tax in question by means of the system provided for by Directive 77/799 concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation.
EEC Treaty 52 58
[ Bailii ]
 
Germany and Pleuger Worthington v Commission C-324/90; [1994] EUECJ C-324/90
13 Apr 1994
ECJ

European
(Judgment) 1. Although the Commission, in carrying out its task of supervising State aid, may not in principle be barred from relying on a set of circumstances which taken as a whole indicate the de facto existence of an aid programme, the mere fact that a set of aids may be part of a policy to prevent the exodus of undertakings and the fact that those aids were granted under the same budget heading and by the same administrative body are not sufficient, in the absence of further explanations on legislative, administrative, financial or economic matters, to demonstrate that all those aids constitute elements of a single programme to which the provisions of Article 93 of the Treaty apply. Such a policy may be conducted on the basis of measures of a very different nature and even by means of very varied aid programmes.
2. Once the Commission has established that aids have been granted or altered without notification, it has the power, after giving the Member State in question an opportunity to submit its comments on the matter, to issue an interim decision requiring it to suspend immediately the payment of such aids pending the outcome of the examination of the aids and to provide the Commission, within such period as it may specify, with all such documentation, information and data as are necessary in order that it may examine the compatibility of the aid with the common market. It is only if the Member State, notwithstanding the Commission' s order, fails to provide the information requested, that the Commission is empowered to terminate the procedure and make its decision, on the basis of the information available to it, on the question whether or not the aids are compatible with the common market.
If the Commission, when the procedure relating to the unnotified aids was commenced, requested information about the aids and about the aid programme or programmes, without, however, requiring the Member State concerned, by interim decision, to provide it with all information relating to all the aids granted, it is not entitled to rely on the failure to notify the individual aids in question to arrive at the conclusion that an aid programme exists, which is denied by the Member State concerned. Nor can it rely, in justification of its decision, on the fragmentary nature of the information sent to it, since it did not use all its powers to cause the Member State to provide it with all the necessary information.
[ Bailii ]
 
H J Banks and Co Ltd v British Coal Corporation Times, 13 May 1994; C-128/92; [1994] 5 CMLR 30; [1994] EUECJ C-128/92; [1994] ECR I-1209
13 Apr 1994
ECJ
Advocate-General Van Gerven
European, Utilities, Jurisdiction
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. "As a body which supervises compliance with the Community rules of competition and has specialised departments for that purpose, the Commission has many years of experience with the result that its findings carry a degree of authority, although such authority is not binding. However, it is self-evident that no obstacles may be placed in the path of third parties seeking to challenge before the national court findings which the Commission has arrived at in a decision of that kind. If, on the basis of the parties' arguments, the national court comes to the conclusion that the issues of fact and/or law decided by the Commission are incorrect or insufficient, or if at any rate it has serious doubts in that regard, then in the light of the Delimitis judgment it must take the following course of action: in the case of findings which carried no weight in the final decision and do not therefore underlie the reasoning of the Commission, the national court is at liberty to adopt a different interpretation: in those circumstances the risk of conflicting decisions and the resultant impairment of the principle of legal certainty is extremely small. On the other hand, in the case of findings which have an influence on the final decision arrived at by the Commission, the national court is well advised, in accordance with the provisions of its national procedural law, to suspend the proceedings in the case and to seek the necessary information from the Commission or make a direct reference to the court for a preliminary ruling concerning the validity of the decision in question or the interpretation of the relevant Community competition rules."
1 Cites

1 Citers

[ Bailii ]
 
Commission v Luxembourg C-313/93 [1994] ECR I-1279; [1994] EUECJ C-313/93
13 Apr 1994
ECJ

European
(Judgment) Action against Member States for failure to fulfil obligations - Examination of grounds by the Court - Situation to be taken into consideration - Situation upon the expiry of the period prescribed by the reasoned opinion (EEC Treaty, Art. 1
[ Bailii ]
 
Gestion Hotelera Internacional v Comunidad Autonoma de Canarias and others (Rec 1994,p I-1329) (Judgment) C-331/92; [1994] EUECJ C-331/92
19 Apr 1994
ECJ

European

[ Bailii ]
 
Yousfi v Belgian State (Rec 1994,p I-1353) (Judgment) C-58/93; [1994] EUECJ C-58/93
20 Apr 1994
ECJ

European

[ Bailii ]
 
Campogrande v Commission (Rec 1994,p I-1375) (Judgment) C-22/93; [1994] EUECJ C-22/93P
21 Apr 1994
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec 1994,p I-1409) (Judgment) C-272/91; [1992] EUECJ C-272/91R
26 Apr 1994
ECJ

European

[ Bailii ]
 
Roquette Freres v Hauptzollamt Geldern (Rec 1994,p I-1445) (Judgment) C-228/92; [1994] EUECJ C-228/92
26 Apr 1994
ECJ

European

[ Bailii ]
 
Gemeente Almelo and others v Energiebedrijf IJsselmij (Rec 1994,p I-1477) (Judgment) C-393/92; [1994] EUECJ C-393/92
27 Apr 1994
ECJ

European

[ Bailii ]
 
Pevasa and Inpesca v Commission T-452/93; [1994] EUECJ T-452/93
28 Apr 1994
ECFI

European
ECFI 1. Any measure, regardless of the form in which it is cast, the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or a decision against which an action for annulment may be brought.
That definition applies to a letter, drafted in precise and unequivocal terms, in which the Commission takes a definitive position with regard to the applicant' s application for Community financial aid.
2. A decision should be regarded as having been properly notified to an applicant, within the meaning of the third paragraph of Article 173, where it is established that the applicant received a precise and unequivocal letter which contained that decision.
Where it is not possible to determine on which date the said letter was received, the time-limit for bringing an action is regarded as starting to run at the latest on the date appearing on a letter from the applicant which refers to that letter.
3. In actions for annulment brought under Article 173 of the Treaty, an application based on the first paragraph of Article 176 of the Treaty for recognition by the Community judicature of the applicant' s rights is inadmissible since it exceeds the powers conferred on it in that regard.
4. Where an applicant has brought an action for both a declaration from the Community judicature of his entitlement to Community financial aid and for compensation in the form of interest for late payment of the requested aid, the claim for compensation cannot stand alone and accordingly is inadmissible as a consequence of the inadmissibility of the claim for a declaration.
[ Bailii ]
 
BALM v Frick and Murr (Rec 1994,p I-1543) (Judgment) C-433/92; [1994] EUECJ C-433/92
28 Apr 1994
ECJ

European

[ Bailii ]
 
Hoorn v Landesversicherungsanstalt Westfalen (Rec 1994,p I-1525) (Judgment) C-305/92; [1994] EUECJ C-305/92
28 Apr 1994
ECJ

European

[ Bailii ]
 
AWS Benelux v Commission (Rec 1994,p II-211) T-38/92; [1994] EUECJ T-38/92
28 Apr 1994
ECFI

European

[ Bailii ]
 
Cucchiara and others v Commission (Rec 1994,p FP-IA-127,II-413) T-35/93; [1994] EUECJ T-35/93
28 Apr 1994
ECFI

European

[ Bailii ]
 
Candiotte v Council (Rec 1994,p II-249) T-108/94
2 May 1994
ECFI

European


 
Commission v Belgium (Rec 1994,p I-1611) (Judgment) C-260/93; [1994] EUECJ C-260/93
3 May 1994
ECJ

European

[ Bailii ]
 
Commission v Belgium (Rec 1994,p I-1593) (Judgment) C-47/93; [1994] EUECJ C-47/93
3 May 1994
ECJ

European

[ Bailii ]
 
Commission v Spain (Rec 1994,p I-1569) (Judgment) C-328/92; [1994] EUECJ C-328/92
3 May 1994
ECJ

European

[ Bailii ]
 
H J Glawe Spiel- und Unterhaltungsgerate Aufstellungsgesellschaft mbH and Co KG v Finanzamt Hamburg-Barmbek-Uhlenhorst C-38/93; [1994] STC 543; [1994] EUECJ C-38/93
5 May 1994
ECJ
Advocate General Jacob
European, VAT
Europa The taxable amount in respect of a provision of services within the meaning of Article 11 A(1)(a) of the Sixth Directive 77/388 consists of the consideration actually received in return for the service provided. In the case of gaming machines offering a chance of winning (slot machines) which, pursuant to mandatory statutory requirements, are set in such a way that they pay out as winnings a certain percentage of the stakes inserted, the consideration actually received by the operator in return for making the machines available consists only of the proportion of the stakes which he can actually take for himself. Consequently, the aforementioned provision must be interpreted as meaning that the taxable amount in respect of such machines does not include the statutorily prescribed proportion of the total stakes inserted which corresponds to the winnings paid out to the players.
"The consideration actually received by the operator in return for making the machines available consist only of the proportion of the stakes which he can actually take for himself." This was the commercial reality and was consistent with the aim of the Directive to tax the turnover which a trader "earns from his supplies of his goods and services".
1 Citers

[ Bailii ]
 
Schulz v Commission (Rec 1994,p I-1701) (Order) C-97/94; [1994] EUECJ C-97/94P
5 May 1994
ECJ

European

[ Bailii ]

 
 Habermann-Beltermann v Arbeiterwohlfahrt; ECJ 5-May-1994 - C-421/92; [1994] EUECJ C-421/92
 
Kamp v Hauptzollamt Wuppertal (Judgment) C-21/92; [1994] EUECJ C-21/92
5 May 1994
ECJ

European

[ Bailii ]
 
Stempels v Commission (Rec 1994,p FP-IA-133,II-437) T-512/93; [1994] EUECJ T-512/93
10 May 1994
ECFI

European

[ Bailii ]
 
Societe commerciale des potasses and de l'azote and Entreprise miniere and chimique v Commission T-88/94; [1994] EUECJ T-88/94
10 May 1994
ECFI

European

[ Bailii ]
 
Regina v Ministry of Agriculture, Fisheries and Food, Ex Parte Bostock Times, 11 May 1994
11 May 1994
ECJ

Agriculture, European
EC rules for milk levies do not require compensation for outgoing tenants.

 
Stagakis v Parliament (Rec 1994,p FP-IA-137,II-451) T-37/93; [1994] EUECJ T-37/93
16 May 1994
ECFI

European

[ Bailii ]
 
Monin Automobiles (Order) C-428/93; [1994] EUECJ C-428/93
16 May 1994
ECJ

European

[ Bailii ]
 
France v Commission (Rec 1994,p I-1829) (Judgment) C-41/93; [1994] EUECJ C-41/93
17 May 1994
ECJ

European

[ Bailii ]
 
H v Court of Auditors (Rec 1994,p I-1741) (Judgment) C-416/92; [1994] EUECJ C-416/92
17 May 1994
ECJ

European

[ Bailii ]
 
Corsica Ferries v Corpo dei piloti del porto di Genova (Judgment) C-18/93; [1994] EUECJ C-18/93
17 May 1994
ECJ

European

[ Bailii ]
 
Webb v Webb Times, 27 June 1994; C-294/92; [1994] ECR I-1717; [1994] EUECJ C-294/92
17 May 1994
ECJ

Litigation Practice, European
A Convention action must be based upon a right in rem not in personam. An action for a declaration that a person holds immovable property as a trustee and for an order requiring that person to execute such documents as are required to vest legal ownership under the lex situs in the plaintiff does not involve rights in rem within the meaning of Article 16(1). It was irrelevant that the plaintiff wanted to obtain ownership of an immovable; what is important is whether rights in rem are the object of the proceedings. Since the plaintiff did not claim that he already enjoyed rights directly relating to the property which were enforceable as against the whole world, but sought only to assert rights against the defendant, the action was not a right in rem within the meaning of Article 16(1), but an action in personam.
Brussels Convention 1968 16(1)
1 Citers

[ Bailii ]
 
Commission v Italy (Rec 1994,p I-1901) (Judgment) C-303/93; [1994] EUECJ C-303/93
18 May 1994
ECJ

European

[ Bailii ]
 
Codorniu v Council (Rec 1994,p I-1853) (Judgment) C-309/89; [1994] EUECJ C-309/89
18 May 1994
ECJ

European

[ Bailii ]
 
Commission v Luxembourg (Rec 1994,p I-1891) (Judgment) C-118/92; [1994] EUECJ C-118/92
18 May 1994
ECJ

European

[ Bailii ]
 
BEUC and NCC v Commission (Rec 1994,p II-285) T-37/92; [1994] EUECJ T-37/92
18 May 1994
ECFI

European

[ Bailii ]
 
Ballast Nedam Group Nv v Belgium Times, 18 May 1994; C-389/92; [1994] EUECJ C-389/92
18 May 1994
ECJ

European, Construction
A holding company which would not itself be executing any of the works may not be excluded from tenders for the work.
[ Bailii ]
 
Air France v Commission (Rec 1994,p II-323) (SVXV v II-49 FIXV v II-49) T-2/93; [1994] EUECJ T-2/93
19 May 1994
ECFI

European

[ Bailii ]
 
SEP v Commission (Rec 1994,p I-1911) (Judgment) C-36/92; [1994] EUECJ C-36/92P
19 May 1994
ECJ

European

[ Bailii ]
 
Siemens Nixdorf v Hauptzollamt Augsburg (Rec 1994,p I-1945) (Judgment) C-11/93; [1994] EUECJ C-11/93
19 May 1994
ECJ

European

[ Bailii ]
 
Ospig Textil-Gesellschaft v Hauptzollamt Bremen-Freihafen (Rec 1994,p I-1963) (Judgment) C-29/93; [1994] EUECJ C-29/93
19 May 1994
ECJ

European

[ Bailii ]
 
Consorzio gruppo di azione locale 'Murgia Messapica' v Commission T-465/93; [1994] EUECJ T-465/93
19 May 1994
ECFI

European

[ Bailii ]
 
Obst v Commission (Rec 1994,p FP-IA-141,II-461) T-510/93; [1994] EUECJ T-510/93
20 May 1994
ECFI

European

[ Bailii ]
 
Christel Schmidt v Spar Und Leihkasse Der Fruhren Amter Etc Times, 25 May 1994
25 May 1994
ECJ

Employment, European
Rules on transfer of undertakings apply even though only one employee.

 
Hj Glawe Spiel- Und Unterhaltungsgerate v Finanzamt Hamburg Times, 26 May 1994
26 May 1994
ECJ

European
VAT on gaming machines assessed on takings excluding pay outs.

 
J v Commission (Rec 1994,p II-391) T-5/94; [1994] EUECJ T-5/94
27 May 1994
ECFI

European

[ Bailii ]
 
Parliament v Council (Rec 1994,p I-2067) (Judgment) C-388/92; [1994] EUECJ C-388/92
1 Jun 1994
ECJ

European

[ Bailii ]
 
Commission v Brazzelli Lualdi and others (Rec 1994,p I-1981) (Judgment) C-136/92; [1994] EUECJ C-136/92P
1 Jun 1994
ECJ

European

[ Bailii ]
 
Andre v Commission (Rec 1994,p FP-IA-145,II-471) T-4/93; [1994] EUECJ T-4/93
1 Jun 1994
ECFI

European

[ Bailii ]
 
Commission v Germany (Rec 1994,p I-2039) (Judgment) C-317/92; [1994] EUECJ C-317/92; [1994] ECR-1-2039
1 Jun 1994
ECJ

European
ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action.
That being so, the fact that no action was taken by the Commission further to the reasoned opinion, either immediately or shortly afterwards, and that the subject of the failure to fulfil obligations was not formally raised at a bilateral meeting held during the interval between the reasoned opinion and the initiation of proceedings, cannot confer on the Member State concerned a legitimate expectation that the procedure was at an end.
Furthermore, the right to choose the time for bringing an action is not affected by the fact that negotiations are in progress within the Council to harmonize national rules in the field in question; in any event such negotiations do not exempt the Member States from compliance with the applicable Community provisions so long as the provisions under discussion have not entered into force.
2. A Member State which restricts to two a year (30 June and 31 December) the expiry dates which may be shown on the packaging of medicinal products and non-reusable sterile medical instruments has failed to fulfil its obligations under Article 30 of the Treaty.
Without prejudice to the question of the costs which may be involved in altering the packaging of products exported to that State, such a measure relating to the conditions to be satisfied by products is likely to affect intra-Community trade in so far as it may reduce the period of marketing of imported products. For that reason, it constitutes a measure having equivalent effect to a quantitative restriction, notwithstanding the fact that it may correspond to a national practice, since it constitutes, per se, the expression of an obligation which requires importers to alter expiry dates.
Such a barrier cannot be justified on grounds of protecting public health, since, on the one hand, the mere advancing of an expiry date thus imposed does not constitute, per se, a measure capable of achieving that objective, and on the other, although the standardization of expiry dates makes it easier to sort products, the resulting economic advantages for traders do not constitute a ground of justification recognized in Community law.
3. A Member State fails to fulfil its obligations, under Articles 1(5) and 8(1) of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, to communicate to the Commission forthwith any draft technical specifications, the observance of which is compulsory in the case of the marketing or use of a product in a major part of its territory, where it fails to notify to the Commission a draft regulation extending to non-reusable sterile medical instruments the requirements relating to labelling of medicinal products, so that such instruments may henceforth be marketed or used in that Member State only if certain obligations are fulfilled the application of which was formerly confined to medicinal products.
The Court stated at: "The German regulation in question constitutes a new technical specification within the meaning of Article 1, cited above, since non-reusable sterile medical instruments may henceforth be marketed or used in Germany only if certain obligations are fulfilled the application of which was formerly confined to the labelling of medicinal products. The application, to given products, of a rule which previously only affected other products, constitutes, with regard to the former, a new regulation and must therefore be notified in accordance with the directive."
1 Citers

[ Bailii ]
 
Criminal proceedings against Van Swieten (Rec 1994,p I-2177) (Judgment) C-313/92; [1994] EUECJ C-313/92
2 Jun 1994
ECJ

European

[ Bailii ]
 
Punto Casa and PPV (Rec 1994,p I-2355) (Judgment) C-69/93; [1994] EUECJ C-69/93
2 Jun 1994
ECJ

European

[ Bailii ]
 
Solo Kleinmotoren v Boch (Rec 1994,p I-2237) (Judgment) C-414/92; [1994] EUECJ C-414/92
2 Jun 1994
ECJ

European

[ Bailii ]
 
Exportslachterijen van Oordegem v OBEA and Generale Bank (Judgment) C-2/93; [1994] EUECJ C-2/93
2 Jun 1994
ECJ

European

[ Bailii ]
 
Techmeda v Oberfinanzdirektion Koln (Rec 1994,p I-2371) (Judgment) C-356/93; [1994] EUECJ C-356/93
2 Jun 1994
ECJ

European

[ Bailii ]
 
Criminal proceedings against Tankstation 't Heukske and Boermans (Rec 1994,p I-2199) (Judgment) C-401/92; [1994] EUECJ C-401/92
2 Jun 1994
ECJ

European

[ Bailii ]
 
de Compte v Parliament C-326/91; [1994] EUECJ C-326/91P
2 Jun 1994
ECJ

European

[ Bailii ]
 
Empire Stores v Commissioners of Customs and Excise Times, 08 July 1994; C-33/93; [1994] ECR - I 2329; [1994] EUECJ C-33/93
2 Jun 1994
ECJ

European, VAT
A retail mail-order supplier, had run two promotions, a 'self-introduction' scheme and a 'introduce a friend' scheme. Under either scheme the introducer (once she or her friend had been approved, placed an order and paid for it) became entitled to receive, without payment, a household item (such as a toaster, a kettle or an iron) chosen from a list. These were not items in the Empire Stores catalogue and so they did not have a normal retail price. Held: The fact that the items did not have a normal retail price was an essential distinction from Naturally Yours Cosmetics: "Where that value is not a sum of money agreed between the parties, it must, in order to be subjective, be the value which the recipient of the services constituting the consideration for the supply of goods attributes to the services which he is seeking to obtain and must correspond to the amount which he is prepared to spend for that purpose. Where, as here, the supply of goods is involved, that value can only be the price which the supplier has paid for the article which he is supplying without extra charge in consideration of the services in question". Gifts to the introducers were vatable at the cost and not at the value to the donee even though consideration had been given.
1 Cites

1 Citers

[ Bailii ]

 
 AC-ATEL Electronics v Hauptzollamt Munchen-Mitte; ECJ 2-Jun-1994 - [1994] ECR I-2305; C-30/93; [1994] EUECJ C-30/93
 
Elliniko Dimosio v Ellinika Dimitriaka (Rec 1994,p I-2391) (Judgment) C-371/92; [1994] EUECJ C-371/92
8 Jun 1994
ECJ

European

[ Bailii ]
 
X v Commission (Rec 1994,p FP-IA-149,II-481) T-94/92; [1994] EUECJ T-94/92
9 Jun 1994
ECFI

European

[ Bailii ]
 
Criminal proceedings against Michielsen and Geybels Transport Service (Rec 1994,p I-2497) (Judgment) C-394/92; [1994] EUECJ C-394/92
9 Jun 1994
ECJ

European

[ Bailii ]
 
Germany v Delta Schiffahrts- und Speditionsgesellschaft (Rec 1994,p I-2517) (Judgment) C-153/93; [1994] EUECJ C-153/93
9 Jun 1994
ECJ

European

[ Bailii ]
 
Societe commerciale des potasses and de l'azote and Entreprise miniere and chimique v Commission T-88/94
15 Jun 1994
ECFI

European


 
Perez Jimenez v Commission (Rec 1994,p FP-IA-155,II-497) T-6/93; [1994] EUECJ T-6/93
15 Jun 1994
ECFI

European

[ Bailii ]
 
Commission of European Community v BASF AG and Others Ind Summary, 04 July 1994; C-137/92; [1994] EUECJ C-137/92P
15 Jun 1994
ECJ

European
Flaws in a Commission decision must be fundamental before it must be set aside.
[ Bailii ]
 
S F E I and others v Commission (Rec 1994,p I-2681) (Judgment) C-39/93; [1994] EUECJ C-39/93P
16 Jun 1994
ECJ

European

[ Bailii ]
 
Steen v Deutsche Bundespost (Rec 1994,p I-2715) (Judgment) C-132/93; [1994] EUECJ C-132/93
16 Jun 1994
ECJ

European

[ Bailii ]
 
Develop Dr Eisbein v Hautpzollamt Stuttgart-West C-35/93; [1994] EUECJ C-35/93; [1994] ECR I-2655
16 Jun 1994
ECJ

European, Customs and Excise
Europa Whilst the customs tariff does indeed in certain cases contain references to manufacturing processes of goods, the preference is, in the interests of legal certainty and ease of verification, to have recourse to criteria for classification based on the objective characteristics of products, as defined in the wording of the headings and the notes to the sections or chapters which can be ascertained on the occasion of customs clearance. Consequently, the manufacturing processes of a product are decisive only when the tariff heading expressly so provides.
Consequently, the second sentence of Rule 2(a) of the Rules for the Interpretation of the Nomenclature of the Common Customs Tariff in Part I, Section I, A of the Annex to Regulation No 950/68 on the Common Customs Tariff, as amended by Regulation No 1/72, which, without defining the assembly operation, provides that for tariff classification purposes, an article imported unassembled or disassembled must be regarded as a complete article, must be interpreted as meaning that an article is to be considered to be imported unassembled or disassembled where the component parts, that is the parts which may be identified as components intended to make up the finished product, are all presented for customs clearance at the same time and no account is to be taken in that regard of the assembly technique or the complexity of the assembly method.
It is not possible to rely as against that interpretation on an Explanatory Note to the Nomenclature of the Customs Cooperation Council because those notes do not have legally binding force and must be disregarded if their content is not in accordance with the actual provisions of the Customs Cooperation Council and the meaning of those provisions would be altered if that note were taken into account.
1 Citers

[ Bailii ]
 
Germany v Deutsches Milch-Kontor (Rec 1994,p I-2757) (Judgment) C-426/92; [1994] EUECJ C-426/92
22 Jun 1994
ECJ

European

[ Bailii ]
 
Di Marzio and Lebedef v Commission (Rec 1994,p FP-IA-167,II-541) T-98/92; [1994] EUECJ T-98/92
22 Jun 1994
ECFI

European

[ Bailii ]
 
Rijnoudt and Hocken v Commission (Rec 1994,p FP-IA-159,II-511) T-97/92; [1994] EUECJ T-97/92
22 Jun 1994
ECFI

European

[ Bailii ]
 
IHT Internationale Heiztechnik v Ideal-Standard (Rec 1994,p I-2789) (Judgment) C-9/93; [1994] EUECJ C-9/93; [1994] ECR I-2789
22 Jun 1994
ECJ

European

1 Citers

[ Bailii ]
 
Parliament v Council (Rec 1994,p I-2857) (Judgment) C-187/93; [1994] EUECJ C-187/93
28 Jun 1994
ECJ

European

[ Bailii ]
 
Custom Made Commercial v Stawa Metallbau (Rec 1994,p I-2913) (Judgment) C-288/92; [1994] EUECJ C-288/92
29 Jun 1994
ECJ

European

[ Bailii ]
 
Baux v Chateau de Calce (Rec 1994,p I-2961) (Judgment) C-403/92; [1994] EUECJ C-403/92
29 Jun 1994
ECJ

European

[ Bailii ]
 
Commission v Greece (Rec 1994,p I-3037) (Order) C-120/94; [1996] EUECJ C-120/94
29 Jun 1994
ECJ

European

[ Bailii ]
 
Aldewereld v Staatssecretaris van Financien (Rec 1994,p I-2991) (Judgment) C-60/93; [1994] EUECJ C-60/93
29 Jun 1994
ECJ

European

[ Bailii ]
 
Williams v Court of Auditors (Rec 1994,p FP-IA-175,II-571) T-146/94
29 Jun 1994
ECFI

European


 
Fiskano v Commission (Rec 1994,p I-2885) (Judgment) C-135/92; [1994] EUECJ C-135/92
29 Jun 1994
ECJ

European

[ Bailii ]
 
Air France v Commission of European Community Supported by UK and British Airways Plc Times, 30 June 1994
30 Jun 1994
ECJ

European
A verbal statement having legal effects was a decision open to challenge.


 
 A (Supported by Union Syndicate) v Commission of European Communities; ECJ 30-Jun-1994 - Times, 30 June 1994; [1994] EUECJ T-10/93; T-10/93
 
Bureau European Des Unions Des Consommateurs and Another v Commission of European Community Times, 30 June 1994
30 Jun 1994
ECJ

European
Commission decision became annulled through errors in the implementation of the Directive.

 
Norsk Hydro v Commission (Rec 1994,p II-419) T-106/89; [1994] EUECJ T-106/89; [1999] EUECJ T-106/89
1 Jul 1994
ECFI

European

[ Bailii ] - [ Bailii ]
 
Osorio v Commission (Rec 1994,p FP-IA-179,II-581) T-505/93; [1994] EUECJ T-505/93
1 Jul 1994
ECFI

European

[ Bailii ]
 
Century Oil Hellas v Commission T-13/94; [1994] EUECJ T-13/94
4 Jul 1994
ECFI

European

[ Bailii ]
 
France v Commission (Rec 1994,p I-3069) (Judgment) C-411/92; [1994] EUECJ C-411/92
5 Jul 1994
ECJ

European

[ Bailii ]
 
Bramhill v Chief Adjudication Officer (Rec 1994,p I-3191) (Judgment) C-420/92; [1994] EUECJ C-420/92
7 Jul 1994
ECJ

European, Benefits

[ Bailii ]
 
Gao Yao v Council (Rec 1994,p I-3141) (Judgment) C-75/92; [1994] EUECJ C-75/92
7 Jul 1994
ECJ

European

[ Bailii ]
 
Lamaire v Nationale Dienst voor Afzet van Land- en Tuinbouwprodukten (Rec 1994,p I-3215) (Judgment) C-130/93; [1994] EUECJ C-130/93
7 Jul 1994
ECJ

European

[ Bailii ]
 
IHT International Heiztechnik Gmbh and Another v Ideal Standard Gmbh and Another Times, 07 July 1994
7 Jul 1994
ECJ

European
A trade mark owner can object to use of the mark after a partial assignment.

 
Dunlop Slazenger v Commission (Rec 1994,p II-441) T-43/92; [1994] EUECJ T-43/92
7 Jul 1994
ECFI

European

[ Bailii ]
 
Geotronics v Commission (Rec 1994,p II-519) T-185/94
7 Jul 1994
ECFI

European


 
McLachlan v Caisse nationale d'assurance vieillesse des travailleurs salaries de la region d'Ile-de-France C-146/93; [1994] EUECJ C-146/93
7 Jul 1994
ECJ

European
ECJ Social security for migrant workers - Old-age and death insurance - Calculation of benefits - Worker not simultaneously satisfying the conditions laid down for the provision of benefits by all the legislation to which he has been subject - Legislation of the Member State whose conditions are satisfied taking periods of insurance completed under the legislation of another Member State into account solely for the purposes of the acquisition of the right to a pension and for determining the rate of that pension - Whether permissible ° Discrimination on grounds of nationality - None.
Council Regulation No 1408/71 3(1)
[ Bailii ]
 
Criminal proceedings against Rouffeteau and Badia (Rec 1994,p I-3257) (Judgment) C-314/93; [1994] EUECJ C-314/93
12 Jul 1994
ECJ

European

[ Bailii ]
 
OTO v Ministero delle finanze (Rec 1994,p I-3281) (Judgment) C-130/92; [1994] EUECJ C-130/92
13 Jul 1994
ECJ

European

[ Bailii ]
 
Commission v Germany (Rec 1994,p I-3303) (Judgment) C-131/93; [1994] EUECJ C-131/93
13 Jul 1994
ECJ

European

[ Bailii ]
 
Milchwerke Koln/Wuppertal v Hauptzollamt Koln-Rheinau (Rec 1994,p I-3385) (Judgment) C-352/92; [1994] EUECJ C-352/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Criminal proceedings against Peralta (Rec 1994,p I-3453) (Judgment) C-379/92; [1994] EUECJ C-379/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Graff v Hauptzollamt Koln Rheinau (Rec 1994,p I-3361) (Judgment) C-351/92; [1994] EUECJ C-351/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Herlitz v Commission (Rec 1994,p II-531) T-66/92; [1994] EUECJ T-66/92
14 Jul 1994
ECFI

European

[ Bailii ]
 
Criminal proceedings against Van der Veldt (Rec 1994,p I-3537) (Judgment) C-17/93; [1994] EUECJ C-17/93
14 Jul 1994
ECJ

European

[ Bailii ]
 
Paola Faccini Dori v Recreb Srl Times, 04 August 1994; C-91/92; [1994] EUECJ C-91/92
14 Jul 1994
ECJ

European
A directive which had not been put into effect in national law was not directly enforceable as between individuals in the member state.
Directive 85/577 5
[ Bailii ]
 
Rustica Semences v Finanzamt Kehl (Rec 1994,p I-3519) (Judgment) C-438/92; [1994] EUECJ C-438/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Parker Pen v Commission (Rec 1994,p II-549) T-77/92; [1994] EUECJ T-77/92
14 Jul 1994
ECFI

European

[ Bailii ]
 
Commission v Netherlands (Rec 1994,p I-3591) (Judgment) C-52/93; [1994] EUECJ C-52/93
14 Jul 1994
ECJ

European

[ Bailii ]
 
Grynberg and Hall v Commission (Rec 1994,p FP-IA-183,II-595) T-534/93; [1994] EUECJ T-534/93
14 Jul 1994
ECFI

European

[ Bailii ]
 
Greece v Commission (Rec 1994,p I-3507) (Judgment) C-385/92; [1994] EUECJ C-385/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Commission v Netherlands (Rec 1994,p I-3607) (Judgment) C-61/93; [1994] EUECJ C-61/93
14 Jul 1994
ECJ

European

[ Bailii ]
 
Roujansky v Council (Rec 1994,p II-585) T-584/93; [1994] EUECJ T-584/93
14 Jul 1994
ECFI

European

[ Bailii ]
 
Greece v Council (Rec 1994,p I-3411) (Judgment) C-353/92; [1994] EUECJ C-353/92
14 Jul 1994
ECJ

European

[ Bailii ]
 
Unaprol v AIMA and Ministero dell'agricoltura e delle foreste (Rec 1994,p I-3615) (Judgment) C-186/93; [1994] EUECJ C-186/93
14 Jul 1994
ECJ

European

[ Bailii ]
 
EISA v Commission (Rec 1994,p II-703) T-239/94
15 Jul 1994
ECFI

European


 
Matra Hachette v Commission (Rec 1994,p II-595) T-17/93; [1994] EUECJ T-17/93
15 Jul 1994
ECFI

European

[ Bailii ]
 
Walsh and others v Council and Commission T-281/93; [1994] EUECJ T-281/93
15 Jul 1994
ECFI

European

[ Bailii ]
 
McCullough and others v Council and Commission (Rec 1994,p II-667) T-343/93; [1994] EUECJ T-343/93
15 Jul 1994
ECFI

European

[ Bailii ]
 
Browet and others v Commission (Rec 1994,p II-677,IA-191,II-619) T-576/93; [1994] EUECJ T-576/93
15 Jul 1994
ECFI

European

[ Bailii ]
 
Branco v Court of Auditors (Rec 1994,p FP-IA-197,II-641) T-45/93; [1994] EUECJ T-45/93
20 Jul 1994
ECFI

European

[ Bailii ]
 
Bund Naturschutz in Bayern and others v Freistaat Bayern (Rec 1994,p I-3717) (Judgment) C-396/92; [1994] EUECJ C-396/92
9 Aug 1994
ECJ

European

[ Bailii ]
 
Parliament v Meskens (Rec 1994,p I-3757) (Judgment) C-412/92; [1994] EUECJ C-412/92P
9 Aug 1994
ECJ

European

[ Bailii ]
 
Germany v Council (Rec 1994,p I-3681) (Judgment) C-359/92; [1994] EUECJ C-359/92
9 Aug 1994
ECJ

European

[ Bailii ]
 
Germany v Commission (Rec 1994,p I-3781) (Judgment) C-413/92; [1994] EUECJ C-413/92
9 Aug 1994
ECJ

European

[ Bailii ]
 
Stanner v Hauptzollamt Bochum (Rec 1994,p I-4011) (Judgment) C-393/93; [1994] EUECJ C-393/93
9 Aug 1994
ECJ

European

[ Bailii ]

 
 France v Commission; ECJ 9-Aug-1994 - C-327/91; [1994] EUECJ C-327/91; ECLI:EU:C:1994:305; [1994] ECR I-3641
 
Dreessen v Council national de l'ordre des architectes (Rec 1994,p I-4087) (Judgment) C-447/93; [1994] EUECJ C-447/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Reichling v INAMI (Rec 1994,p I-4061) (Judgment) C-406/93; [1994] EUECJ C-406/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Neckermann Versand v Hauptzollamt Frankfurt am Main-Ost C-395/93; [1994] EUECJ C-395/93; [1994] ECR I-4027
9 Aug 1994
ECJ

European, Customs and Excise
Europa Heading 61.08 ("women's or girls' ... pyjamas, ..., knitted or crocheted") of the Combined Nomenclature of the Common Customs Tariff, as amended by Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and Regulation No 3174/88 amending Annex I to the latter regulation, must be interpreted as meaning that not only sets of two knitted garments which, according to their outward appearance, are intended to be worn exclusively in bed but also sets used mainly for that purpose must be considered to be pyjamas. However, the mere fact that it is possible to wear in bed a set of two knitted garments, according to the generally accepted practice in the Member State concerned at the time when the goods are there cleared through customs, is not sufficient to justify classification under that heading.
1 Citers

[ Bailii ]
 
La Pyramide (Order) C-378/93; [1994] EUECJ C-378/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Lancry and others v Direction generale des douanes and others (Rec 1994,p I-3957) (Judgment) C-363/93; [1994] EUECJ C-363/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Belgian State v Boterlux (Rec 1994,p I-3933) (Judgment) C-347/93; [1994] EUECJ C-347/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Thierschmidt v Hauptzollamt Essen (Rec 1994,p I-3905) (Judgment) C-340/93; [1994] EUECJ C-340/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Vander Elst v Office des migrations internationales (Rec 1994,p I-3803) (Judgment) C-43/93; [1994] EUECJ C-43/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Rasmussen v Commission (Rec 1994,p I-4043) (Judgment) C-398/93; [1994] EUECJ C-398/93P
9 Aug 1994
ECJ

European

[ Bailii ]
 
Meyhui v Schott Zwiesel Glaswerke (Rec 1994,p I-3879) (Judgment) C-51/93; [1994] EUECJ C-51/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
Namur-Les assurances du credit v Office national du ducroire and Belgian State (Rec 1994,p I-3829) (Judgment) C-44/93; [1994] EUECJ C-44/93
9 Aug 1994
ECJ

European

[ Bailii ]
 
H J Banks and Co Ltd and Others v British Coal Corporation Times, 10 August 1994
10 Aug 1994
QBD
Mance J
Litigation Practice, Utilities, European
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made.
1 Cites

1 Citers


 
Siderurgica Aristrain Madrid v Commission (Rec 1994,p II-715) T-156/94
25 Aug 1994
ECFI

European


 
French Republic and Others (Interveners) v Commission of European Community Ind Summary, 12 September 1994
12 Sep 1994
ECJ

European
The Commission had been wrong to sign a trade treaty. The act was not merely administrative, and should have been left to the individual member countries.

 
Spain v Commission (Rec 1994,p I-4175) (Judgment) C-42/93; [1994] EUECJ C-42/93
14 Sep 1994
ECJ

European

[ Bailii ]
 
Spain v Commission (Rec 1994,p I-4103) (Judgment) C-278/92; [1994] EUECJ C-278/92
14 Sep 1994
ECJ

European

[ Bailii ]
 
Magdalena Fernandez v Commission (Rec 1994,p I-4295) (Judgment) C-452/93; [1994] EUECJ C-452/93P
15 Sep 1994
ECJ

European

[ Bailii ]
 
KYDEP v Council and Commission (Rec 1994,p I-4199) (Judgment) C-146/91; [1994] EUECJ C-146/91
15 Sep 1994
ECJ

European

[ Bailii ]
 
Criminal proceedings against Houtwipper (Rec 1994,p I-4249) (Judgment) C-293/93
15 Sep 1994
ECJ

European


 
Brenner and Noller v Dean Witter Reynolds (Judgment) C-318/93; [1994] EUECJ C-318/93
15 Sep 1994
ECJ

European, Consumer
Europe Convention on Jurisdiction and the Enforcement of Judgments - Jurisdiction over consumer contracts - Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises - Jurisdiction under the Convention of the courts of the State in which the consumer is domiciled - Excluded.
[ Bailii ]
 
Commission v Italy (Rec 1994,p I-4311) (Judgment) C-249/92; [1994] EUECJ C-249/92
20 Sep 1994
ECJ

European

[ Bailii ]
 
Bestuur van de Nieuwe Algemene Bedrijfsvereniging v Drake (Rec 1994,p I-4337) (Judgment) C-12/93; [1994] EUECJ C-12/93
20 Sep 1994
ECJ

European

[ Bailii ]
 
Carrer and others v Court of Justice (Rec 1994,p FP-IA-201,II-651) T-495/93; [1994] EUECJ T-495/93
22 Sep 1994
ECFI

European

[ Bailii ]
 
An Taisce and WWF UK v Commission (Rec 1994,p II-733) T-461/93; [1994] EUECJ T-461/93
23 Sep 1994
ECFI

European

[ Bailii ]

 
 X v Commission; ECJ 26-Sep-1994 - C-26/94; [1994] EUECJ C-26/94P
 
Coloroll Pension Trustees v Russell and others (Judgment) Times, 30 November 1994; C-200/91; [1994] EUECJ C-200/91; [1994] OPLR 179
28 Sep 1994
ECJ

Discrimination, European
The trustees of a pension fund have the same equal treatment obligations as do employers. The effect of the judgment in Barber was that: "i) For pensionable service prior to 17 May 1990 (the date of the Barber judgment) it was not unlawful for male and female pension benefits to be provided at different retirement ages;
ii) A scheme could be amended so as to equalise benefits for men and women, if the rules of the scheme permitted such amendment. The nature of the amendment could either reduce the normal male retirement age, or increase the normal female retirement age, or both; provided that both sexes were treated equally;
iii) For pensionable service between 17 May 1990 and the operative date of any valid amendment male members of a pension scheme were entitled to be treated as if their normal retirement age was the same age as that applicable to female members (usually 60). This period is known, in the jargon, as "the Barber window"."
1 Cites

1 Citers

[ Bailii ]
 
Bestuur van het Algemeen burgerlijk pensioenfonds v Beune (Rec 1994,p I-4471) (Judgment) C-7/93; [1994] EUECJ C-7/93
28 Sep 1994
ECJ

European

[ Bailii ]
 
Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel C-128/93; [1994] ECR I-4583; [1994] EUECJ C-128/93; [1995] ICR 635
28 Sep 1994
ECJ

European, Employment, Discrimination
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned, is covered by the concept of pay within the meaning of Article 119 of the Treaty with the result that it is subject to the prohibition of discrimination on grounds of sex laid down by that article. It follows that an occupational pension scheme which, by excluding married women from membership, operates discrimination directly based on sex, contravenes Article 119 of the Treaty.
The limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88 Barber concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. This does not cover discrimination in relation to membership of occupational pension schemes held to be unlawful under Article 119 of the Treaty in the judgment of 13 May 1986 in Case 170/84 Bilka which itself contained no temporal limitation of its effects. In the absence of such a limitation, the direct effect of Article 119 of the Treaty can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne in which the Court held for the first time that Article 119 has direct effect. However, the fact that a worker can claim retroactively to join an occupational pension scheme does not allow the worker to avoid paying the contributions relating to the period of membership concerned. The national rules relating to time-limits for bringing actions under national law may be relied on against workers who assert their right to join an occupational pension scheme, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of rights conferred by Community law impossible in practice.
Europa
Although not party to the employment relationship, the administrators of an occupational pension scheme are called upon to pay out benefits which constitute pay within the meaning of Article 119 and, like any employer, must therefore comply with that provision by doing all within their powers to ensure that the principle of equal treatment is observed in this respect and scheme members must be able to rely upon it as against them. The effectiveness of Article 119 would be considerably diminished and the legal protection required to achieve real equality would be impaired if an employee could rely on that provision only as against the employer and not against the administrators of the scheme who are expressly charged with performing the employer' s obligations.
The Protocol on Article 119 of the Treaty, annexed to the Treaty on European Union, concerns all benefits paid by an occupational social security scheme but not the right to join such a scheme. The question of membership is thus governed by the judgment of 13 May 1986 in Case 170/84 Bilka, according to which an undertaking which, without objective justification unrelated to any discrimination on grounds of sex, accords different treatment to men and women by excluding a category of employees from a company pension scheme infringes Article 119 of the Treaty.
1 Citers

[ Bailii ]
 
Vroege v NCIV Instituut voor Volkshuisvesting B V C-57/93; [1994] ECR I-4541
28 Sep 1994
ECJ

European, Discrimination, Employment, Benefits
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned, is covered by the concept of pay within the meaning of Article 119 of the Treaty with the result that it is subject to the prohibition of discrimination on grounds of sex laid down by that article. It follows that an occupational pension scheme which by excluding married women from membership operates discrimination directly based on sex contravenes Article 119 of the Treaty. Where the exclusion concerns part-time workers, that provision is contravened only if the exclusion affects a greater number of women than men unless the employer shows that it may be explained by objectively justified factors unrelated to any discrimination on grounds of sex.
The limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88 Barber concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. This does not cover discrimination in relation to membership of occupational pension schemes held to be unlawful under Article 119 of the Treaty in the judgment of 13 May 1986 in Case 170/84 Bilka which itself contained no temporal limitation of its effects. In the absence of such a limitation, whose later introduction is in any event excluded, the direct effect of Article 119 of the Treaty can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne in which the Court held for the first time that Article 119 has direct effect.
The Protocol on Article 119 of the Treaty, annexed to the Treaty on European Union, concerns all benefits paid by an occupational social security scheme but not the right to join such a scheme. The question of membership is thus governed by the judgment of 13 May 1986 in Case 170/84 Bilka according to which an undertaking which, without objective justification unrelated to any discrimination on grounds of sex, accords different treatment to men and women by excluding a category of employees from a company pension scheme infringes Article 119 of the Treaty.
1 Citers


 
Pfanni Werke v Landeshauptstadt Munchen (Rec 1994,p I-4605) (Judgment) C-144/93; [1994] EUECJ C-144/93
28 Sep 1994
ECJ

European

[ Bailii ]
 
Van den Akker and others v Stichting Shell Pensioenfonds (Rec 1994,p I-4527) (Judgment) C-28/93; [1994] EUECJ C-28/93
28 Sep 1994
ECJ

European

[ Bailii ]
 
Anna Adriaantje Vroege v Nciv Instituut Voor Volkshuisvesting Bv And Stichting Pensioenfonds Nciv. (Social Policy) C-C-57/93; [1994] EUECJ C-C-57/93
28 Sep 1994
ECJ

European

[ Bailii ]
 
Smith and others v Avdel Systems (Rec 1994,p I-4435) (Judgment) C-408/92; [1994] EUECJ C-408/92
28 Sep 1994
ECJ

European

[ Bailii ]
 
Commission v Belgium (Rec 1994,p I-4627) (Judgment) C-65/94; [1994] EUECJ C-65/94
28 Sep 1994
ECJ

European

[ Bailii ]
 
Eroglu v Land Baden-Wurttemberg C-355/93; [1994] EUECJ C-355/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
Criminal proceedings against Voogd Vleesimport en -export (Judgment) C-151/93; [1994] EUECJ C-151/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
Commission v France (Rec 1994,p I-5145) (Judgment) C-381/93; [1994] EUECJ C-381/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
Italy v Commission (Rec 1994,p I-4635) (Judgment) C-47/91
5 Oct 1994
ECJ

European


 
Van Munster v Rijksdienst voor Pensioenen (Judgment) C-165/91; [1994] EUECJ C-165/91
5 Oct 1994
ECJ

European

[ Bailii ]
 
Federal Republic of Germany v Council of the European Union C-280/93; [1993] EUECJ C-280/93R
5 Oct 1994
ECJ

European, Customs and Excise
Europa Bananas - Common organization of the markets - Import regime. In the procedure for the adoption of a regulation by the Council, the fact that the proposal from the Commission, amended in accordance with a political agreement accepted by the competent member on behalf of the Commission at a Council session and approved by the college of Commissioners, is not in writing is of no consequence.
Article 149(3) of the Treaty states that as long as the Council has not acted, the Commission may alter its proposal at any time during the procedures mentioned in paragraphs 1 and 2, and it does not require those amended proposals necessarily to be in writing. Such amended proposals, forming part of the Community legislative process, which is characterized by a certain flexibility, necessary for achieving a convergence of views between the institutions, are fundamentally different from the acts which are adopted by the Commission and are of direct concern to individuals, so that strict compliance with the formalities prescribed for the adoption of acts of direct concern to individuals cannot be required for their adoption.
Although under Article 190 of the Treaty the proposal from the Commission must be referred to by the Council in acts which it can adopt only on a proposal from the Commission, that article does not require citation of any amendment which may subsequently have been made to that proposal. The position would be different only if the Commission had withdrawn its proposal and replaced it by a fresh proposal.
Consultation of the European Parliament, where that is provided for, means that a fresh consultation should take place whenever the text finally adopted, taken as a whole, differs in essence from the text on which the Parliament has already been consulted, except in cases where the amendments substantially correspond to the wishes of the Parliament itself.
In pursuing the objectives of the common agricultural policy, the Community institutions must secure the permanent harmonization made necessary by any conflicts between those 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.
Thus the Community legislature, which in matters concerning the common agricultural policy has a broad discretion corresponding to the political responsibilities given to it by Articles 40 and 43 of the Treaty, could thus, without infringing Article 39 of the Treaty, establish a common organization of the market in bananas intended to safeguard the income of the agricultural community concerned by guaranteeing the existing level of Community production and providing for suitable machinery for increasing its productivity, to stabilize the market by safeguarding Community production and regulating imports, and, by that machinery supplemented by the mechanism for increasing the import quota if necessary, to assure the availability of supplies.
A breach of Article 39 cannot result from the fact that in certain Member States the establishment of the common organization may have had the effect of increasing prices. The substitution for national arrangements characterized by considerable price differences of a common organization inevitably results in an adjustment of prices throughout the Community; the objective of ensuring reasonable prices for consumers must be considered at the level of the common market as a whole; and priority may be given temporarily to other objectives by the Community legislature.
The fact that Regulation No 404/93 on the common organization of the market in bananas pursues objectives of agricultural policy as well as a development policy in favour of the ACP States does not mean that it cannot be based on Article 43 of the Treaty alone.
First, Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty, even where other objectives are pursued at the same time.
Secondly, the creation of a common organization of the market requires, alongside the regulation of Community production, the establishment of an import regime to stabilize the markets and ensure sales of Community production if, as in the case of bananas, the internal and external aspects of the common policy cannot be separated, it being understood that the institutions, when making use of their rule-making powers, cannot disregard the international obligations entered into by the Community under the Lomé Convention.
The first paragraph of Article 42 of the Treaty recognizes both the priority of the agricultural policy over the objectives of the Treaty in the field of competition and the power of the Council to decide to what extent the competition rules are to be applied in the agricultural sector.
1 Citers

[ Bailii ]
 
Commission v France (Rec 1994,p I-4949) (Judgment) C-255/93; [1994] EUECJ C-255/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
Centre d'insemination de la Crespelle v Cooperative de la Mayenne (Rec 1994,p I-5077) (Judgment) C-323/93; [1994] EUECJ C-323/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
TV10 v Commissariaat voor de Media (Judgment) C-23/93; [1994] ECR I-4795; [1994] EUECJ C-23/93
5 Oct 1994
ECJ

European

1 Citers

[ Bailii ]
 
Criminal proceedings against Van Schaik (Rec 1994,p I-4837) (Judgment) C-55/93; [1994] EUECJ C-55/93
5 Oct 1994
ECJ

European

[ Bailii ]
 
Crispoltoni and others v Fattoria Autonoma Tabacchi and others (Rec 1994,p I-4863) (Judgment) C-133/93
5 Oct 1994
ECJ

European


 
Germany v Commission (Rec 1994,p I-4701) (Judgment) C-400/92; [1994] EUECJ C-400/92
5 Oct 1994
ECJ

European

[ Bailii ]
 
Antonio Crispoltoni v Fattoria Autonoma Tabacchi And Giuseppe Natale And Antonio Pontillo v Donatab Srl. (Preliminary Rulings) C-1114/88; [1994] EUECJ C-1114/88
5 Oct 1994
ECJ

European

[ Bailii ]
 
X v Commission (Judgment) C-404/92; [1994] EUECJ C-404/92P
5 Oct 1994
ECJ

European

[ Bailii ]
 
Tetra Pak v Commission (Rec 1994,p II-755) (SVXVI v II-1 FIXVI v II-1) T-83/91; [1994] EUECJ T-83/91
6 Oct 1994
ECFI

European

[ Bailii ]
 
Candiotte v Council T-108/94
10 Oct 1994
ECFI

European


 
Chiron Corporation and Others v Murex Diagnostics Ltd Ind Summary, 24 October 1994; Times, 14 October 1994
14 Oct 1994
CA

European, Litigation Practice
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. The decision of the House as to leave was a judicial one and not merely administrative.
1 Cites

1 Citers


 
Scaramuzza v Commission (Rec 1994,p I-5173) (Judgment) C-76/93; [1993] EUECJ C-76/93P
20 Oct 1994
ECJ

European

[ Bailii ]
 
Asocarne v Council (Rec 1994,p II-871) T-99/94; [1994] EUECJ T-99/94
20 Oct 1994
ECFI

European

[ Bailii ]
 
Beredima v Court of Justice (Rec 1994,p FP-IA-211,II-675) T-245/94; [1994] EUECJ T-245/94
25 Oct 1994
ECFI

European

[ Bailii ]
 
M v Commission (Rec 1994,p FP-IA-505,II-663) T-180/94; [1994] EUECJ T-180/94
25 Oct 1994
ECFI

European

[ Bailii ]
 
N v Commission (Rec 1994,p FP-IA-223,II-709) T-21/93; [1994] EUECJ T-21/93
26 Oct 1994
ECFI

European

[ Bailii ]
 
France v Commission (Rec 1994,p I-5229) (Order) C-174/94; [1994] EUECJ C-174/94R
26 Oct 1994
ECJ

European

[ Bailii ]
 
Transacciones Maritimas and others v Commission (Rec 1994,p II-885) T-231/94; [1994] EUECJ T-231/94
26 Oct 1994
ECFI

European

[ Bailii ]
 
Netherlands v Commission (Rec 1994,p I-5197) (Judgment) C-430/92; [1994] EUECJ C-430/92
26 Oct 1994
ECJ

European

[ Bailii ]
 
Marcato v Commission (Rec 1994,p FP-IA-215,II-681) T-18/93; [1994] EUECJ T-18/93
26 Oct 1994
ECFI

European

[ Bailii ]
 
Mancini v Commission (Rec 1994,p FP-IA-239,II-761) T-508/93; [1994] EUECJ T-508/93
27 Oct 1994
ECFI

European

[ Bailii ]
 
C v Commission T-47/93; [1994] EUECJ T-47/93
27 Oct 1994
ECFI

European

[ Bailii ]
 
Chavane de Dalmassy and others v Commission T-64/92; [1994] EUECJ T-64/92
27 Oct 1994
ECFI

European
ECFI Officials and members of the temporary staff - Pay slip - Act adversely affecting an official - Weighting - Change of State capital - Objection of illegality.
[ Bailii ]
 
Ladbroke Racing Ltd v Commission T-32/93; [1994] EUECJ T-32/93
27 Oct 1994
ECFI
.L. Cruz Vilaca, P
European
(Judgment) 1. When, in the context of an action against a Community institution for failure to act, the measure alleged not to have been taken is adopted after the action has been brought but before judgment is given, the application becomes devoid of purpose so that there is no longer any need for a ruling.
2. An undertaking is not entitled to bring an action for declaration of failure to act against the Commission on the ground that, notwithstanding the former' s request to it, the Commission failed to use its powers under Article 90(3) of the Treaty.
First, it is a condition of an action for declaration of failure to act as instituted by Article 175 of the Treaty that the institution concerned should be under an obligation, so that the alleged failure to act is contrary to the Treaty. In the light of the Commission' s power of assessment in supervising compliance by public undertakings with the rules of competition, that is not the case where that institution fails to address a decision in the matter to a Member State.
Secondly, measures which may be challenged on the basis of Article 90(3) are addressed to Member States so that, being a third party in relation to the measure which the Commission has allegedly failed to take, the undertaking cannot claim to satisfy the requirement that it should be individually concerned unless it is affected by reason of certain attributes which are peculiar to it or by reason of circumstances in which it is differentiated from all other persons and which by virtue of those factors distinguish it individually just as in the case of the person addressed.
That necessary individualization does not follow, in the absence of specific circumstances, from the mere fact that the undertaking has a presence on the market where a measure may affect the conditions of competition. Nor, in the case of a measure adopted on the basis of Article 90(3), is it realized because that measure was adopted following a request by the undertaking, since such a request cannot be considered to fall within the exercise of procedural powers, which it may hold, since those conferred on operators by Regulations No 17 and 99/63 concern only the implementation of Articles 85 and 86 of the Treaty. Nor can it be based on the undertaking's participation in the investigation which preceded the adoption of the measure, since such participation is not such as to create for its benefit a right of action against an act which, by its nature and effects, does not concern it individually.
Finally, action by the Commission using its powers under Article 90(3), even if such action is taken, need not necessarily take the form of a decision but may also be a directive, which is a legislative measure of general scope addressed to the Member States the adoption of which cannot be required by individuals.
3. In relation to the application of the Community competition rules to public undertakings and undertakings to which Member States grant special or exclusive rights, Article 90(3) of the Treaty confers on the Commission the task of ensuring compliance by the Member States with their obligations concerning the undertakings referred to, and expressly invests it with the power to take action where necessary for that purpose under the conditions and by the legal measures which are there laid down. As may be seen from the abovementioned provisions and the scheme of Article 90 as a whole, the Commission' s power to supervise the Member States responsible for an infringement of the Treaty rules, in particular those relating to competition, necessarily implies that that institution has a wide power of assessment. That power of assessment is all the wider since, first, Article 90(2) invites the Commission to take account in exercising that power of the demands inherent in the particular tasks of the undertakings concerned and, secondly, the authorities of the Member States may in certain cases have an equally wide power of assessment in regulating certain matters which may fall within the area of operation of those undertakings.
Consequently, the exercise of the power to assess the compatibility of State measures with the Treaty rules, conferred on the Commission by Article 90(3) of the Treaty, is not coupled with an obligation on its part to take action.
[ Bailii ]
 
Benzler v Commission (Rec 1994,p FP-IA-245,II-777) T-536/93; [1994] EUECJ T-536/93
27 Oct 1994
ECFI

European, Administrative
Europa 1. The daily subsistence allowance provided for in Article 10(1) of Annex VII to the Staff Regulations, to which a newly recruited official is entitled only until such time as he removes in order to reside at his place of employment, is intended to cover the expense and inconvenience occasioned by the need to travel and establish a provisional residence at the place of employment, whilst retaining, likewise provisionally, his previous residence. The allowance cannot therefore be paid to an official who does not prove that he has been exposed to such expense or inconvenience. 2. The concept of habitual residence at the time of recruitment, to which the general provisions for implementation of the Staff Regulations adopted by an institution refer for the purpose of determining an official' s place of recruitment, in the absence of any definition in the Staff Regulations, must be taken to mean the place where the person concerned has established, and intends to maintain, the permanent or habitual centre of his interests. The fact of residing in a place for the sole purpose of pursuing studies there does not of itself, in the absence of other relevant factors, mean that the person concerned intended to transfer the centre of his interests to that place.
[ Bailii ]
 
Deere v Commission (Rec 1994,p II-957) (SVXVI v II-129 FIXVI v II-131) T-35/92; [1994] EUECJ T-35/92
27 Oct 1994
ECFI

European

[ Bailii ]
 
Fiatagri and New Holland Ford v Commission (Rec 1994,p II-905) (SVXVI v II-87 FIXVI v II-89) T-34/92; [1994] EUECJ T-34/92
27 Oct 1994
ECFI

European

[ Bailii ]
 
National Union of Teachers and Others v St Mary's Church Of England Junior School and Others [1994] UKEAT 905_93_0211; [1995] ICR 317
2 Nov 1994
EAT
Mummery J
Employment, European, Discrimination
EAT Whether the Acquired Rights Directive EC77/187 ("the Directive") is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that expression by the European Court of Justice in Foster v. British Gas Plc [1991] 2 AC 306.
1 Cites

1 Citers

[ Bailii ]
 
Scottish Football v Commission (Rec 1994,p II-1039) T-46/92; [1994] EUECJ T-46/92
9 Nov 1994
ECFI

European

[ Bailii ]

 
 Ortscheit v Eurim-Pharm; ECJ 10-Nov-1994 - C-320/93; [1994] EUECJ C-320/93; [1994] ECR I-5243
 
Society of Lloyd's v Clementson and Another Times, 16 November 1994; Independent, 11 November 1994
11 Nov 1994
CA

European, Insurance
It was arguable that a central insolvency fund created to manage the Lloyd's liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty.
EC Treaty Article 5
1 Cites

1 Citers


 
Opinion 1/94 (Rec 1994,p I-5267) (Opinion) C-1/94
15 Nov 1994
ECJ

European


 
San Marco v Commission (Rec 1994,p II-1061) T-451/93; [1994] EUECJ T-451/93
16 Nov 1994
ECFI

European

[ Bailii ]
 
Blanchard v Commission (Rec 1994,p II-1099,IA-249,II-793) T-368/94
21 Nov 1994
ECFI

European


 
Vecchi v Commission (Rec 1994,p FP-IA-253,II-805) T-356/94
23 Nov 1994
ECFI

European


 
Bernardi v Commission (Rec 1994,p II-1115) T-479/93; [1994] EUECJ T-479/93
29 Nov 1994
ECFI

European

[ Bailii ]
 
SFEI and others v Commission (Rec 1994,p I-5431) (Order) C-222/92; [1994] EUECJ C-222/92
30 Nov 1994
ECJ

European

[ Bailii ]
 
British Aerospace v Commission (Rec 1994,p I-5423) (Order) C-294/90
30 Nov 1994
ECJ

European


 
Smith and Others v Avdel Systems Ltd Times, 30 November 1994
30 Nov 1994
ECJ

Discrimination, European
Financial hardship doesn't justify unequal treatment of sexes on pensions.

 
Duchs v Commission (Rec 1994,p FP-IA-265,II-837) T-558/93; [1994] EUECJ T-558/93
30 Nov 1994
ECFI

European

[ Bailii ]
 
G v Commission (Rec 1994,p FP-IA-277,II-875) T-588/93; [1994] EUECJ T-588/93
30 Nov 1994
ECFI

European

[ Bailii ]
 
Dornonville de la Cour v Commission (Rec 1994,p FP-IA-257,II-813) T-498/93; [1994] EUECJ T-498/93
30 Nov 1994
ECFI

European

[ Bailii ]
 
Correia v Commission (Rec 1994,p FP-IA-271,II-857) T-568/93; [1994] EUECJ T-568/93
30 Nov 1994
ECFI

European

[ Bailii ]
 
Coen-Porisini v Commission (Rec 1994,p FP-IA-303,II-949) T-502/93; [1994] EUECJ T-502/93
1 Dec 1994
ECFI

European

[ Bailii ]
 
Schneider v Commission (Rec 1994,p FP-IA-281,II-887) T-54/92; [1994] EUECJ T-54/92
1 Dec 1994
ECFI

European

[ Bailii ]
 
Postbank v Commission (Rec 1994,p II-1141) T-353/94
1 Dec 1994
ECFI

European


 
Ditterich v Commission (Rec 1994,p FP-IA-289,II-907) T-79/92; [1994] EUECJ T-79/92
1 Dec 1994
ECFI

European

[ Bailii ]
 
Michael-Chiou v Commission (Rec 1994,p FP-IA-297,II-929) T-46/93; [1994] EUECJ T-46/93
1 Dec 1994
ECFI

European

[ Bailii ]
 
Detlef Brandt and others v Commission (Rec 1994,p II-1133) T-158/93; [1994] EUECJ T-158/93
1 Dec 1994
ECFI

European

[ Bailii ]
 
Union Carbide v Commission (Rec 1994,p II-1159) T-322/94; [1994] EUECJ T-322/94
2 Dec 1994
ECFI

European
Europa Under the system which the EC Treaty establishes for the division of powers, it is for the Commission, if it considers it necessary in the context of the powers of control accorded to it in competition matters in particular by Article 85 of the Treaty in conjunction with Article 3(1) of Regulation No 17, to adopt interim measures addressed to the parties notifying a concentration under Regulation No 4064/89. The role of the Community judicature is to carry out a legal review of the Commission' s action in those matters and not to take the place of the Commission in the exercise of the powers conferred on it by the abovementioned provisions. Accordingly, an application to the Court of First Instance for interim measures in the form of orders addressed to the notifying parties cannot be granted in interim proceedings initiated by a third party undertaking as an adjunct to an action for annulment brought by it against the Commission decision authorizing a concentration subject to conditions.
In any event, in the case of interim proceedings brought in the context of an action for the annulment of a Commission decision, the application for interim measures is admissible, in principle, only if it falls within the framework of the final decision which can be taken by the court hearing the main action under Article 173, in conjunction with Article 176, of the Treaty and concerns the relations between the parties to the dispute, which precludes any application for orders to be addressed to third persons not parties to the main action.
It follows that the application seeks to obtain from the judge hearing the application interim measures which do not come within his jurisdiction and that, consequently, it must be rejected as inadmissible.
The urgent nature of an application for interim measures under Article 104(2) of the Rules of Procedure of the Court of First Instance must be assessed by reference to the need to order interim measures in order to avoid serious and irreparable damage to the party requesting those measures. It is for that party to adduce the evidence to show that it cannot await the outcome of the main proceedings without suffering damage leading to serious and irreparable consequences.
That is not shown in the case of an applicant which, in order to obtain a stay of the operation of a decision authorizing a concentration between undertakings, claims that its competitive position is weakened by the concentration envisaged and by the conduct which it believes one of the undertakings concerned and its potential clients will adopt when the concentration is achieved, because that conduct cannot be regarded as a necessary consequence of the operation of the decision of authorization and the damage alleged is entirely hypothetical and based on the unpredictable probability of future and uncertain events.
In any event, the grant of such a suspension presupposes a weighing of the applicant' s interest in the suspension sought and the public interest in the implementation of decisions concerning concentrations adopted by the Commission under Regulation No 4064/89 as well as the interests of third parties directly affected by the suspension. In view of the abovementioned regulation' s aim of ensuring effectiveness of control and legal certainty for the undertakings concerned and the serious consequences which the suspension could have for the undertakings which are parties to the concentration, the balance of interests is against the applicant.
For those various reasons, the application for interim measures must be rejected.
[ Bailii ]
 
Commission v Spain (Rec 1994,p I-5515) (Judgment) C-277/93; [1994] EUECJ C-277/93
6 Dec 1994
ECJ

European

[ Bailii ]

 
 The owners of the cargo lately laden on board the ship 'Tatry' v The owners of the ship 'Maciej Rataj'; ECJ 6-Dec-1994 - Times, 28 December 1994; C-406/92; [1994] EUECJ C-406/92; [1995] 1 Lloyd's Rep 302; [1995] ILPr 81; [1999] QB 515; [1995] All ER (EC) 229; [1994] ECR I-5439; [1995] CLC 275; [1999] 2 WLR 181
 
Elsie Rita Johnson v Chief Adjudication Officer C-410/92; [1994] EUECJ C-410/92; [1995] ICR 375
6 Dec 1994
ECJ

European, Benefits, Discrimination
Europa Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Article 4(1) - Direct effect - National legislation limiting the period prior to the bringing of a claim for benefit for incapacity for work in respect of which arrears are payable - Whether permissible - Directive not properly transposed prior to the bringing of the claim - Not relevant (Council Directive 79/7, Art. 4(1))
The right conferred on women by the direct effect of Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security to claim benefits for incapacity for work under the same conditions as men must be exercised under the conditions determined by national law, provided that those conditions are no less favourable than those relating to similar domestic actions and that they are not framed so as to render virtually impossible the exercise of rights conferred by Community law. It follows that, in so far as those conditions are satisfied, Community law does not preclude the application, to a claim based on the direct effect of Directive 79/7, of a rule of national law which merely limits the period prior to the bringing of the claim in respect of which arrears of benefit are payable, even where that directive has not been properly transposed within the prescribed period in the Member State concerned.
1 Citers

[ Bailii ]
 
Lisrestal and others v Commission T-450/93; [1994] EUECJ T-450/93
6 Dec 1994
ECFI
R Schintgen, P
European, Administrative
1. The delegation of authority to sign within an institution is a measure relating to the internal organization of the Community' s administrative departments. It is in accordance with Article 27 of the Commission' s Rules of Procedure and is the normal means by which the Commission exercises its powers. Officials may therefore be empowered to take, in the name of the Commission and subject to its control, clearly defined measures of management or administration.
2. Respect for the rights of the defence in all proceedings which are initiated against a person and are liable to culminate in a measure adversely affecting that person is a fundamental principle of Community law which must be guaranteed, even in the absence of any specific rules concerning the proceedings in question. That principle requires that any person who may be adversely affected by the adoption of a decision should be placed in a position in which he may effectively make known his views on the evidence against him which the Commission has taken as the basis for the decision at issue.
That is so in the case of recipients of European Social Fund assistance for a vocational training operation in a Member State, where the Commission proposes to reduce the assistance initially granted on the ground that it has not been used in accordance with the conditions laid down in the decision of approval. The fact that the Member State concerned is the sole interlocutor of the ESF and the addressee of any decision to reduce assistance does not preclude there being a direct link between the Commission and the recipient of the assistance, which is directly affected by the economic consequences of the reduction, since it has primary liability for the repayment of the sums paid without warrant.
Consequently, it is an infringement of the recipient' s rights of defence for a decision to reduce assistance to have been adopted when the recipient had not been notified of the reports of the Commission' s inquiry into the conditions in which the assisted training operations were being carried out, or the Commission' s complaints against it, and had not been heard by the Commission before it adopted the decision, and where having been invited by the Commission to submit its observations on the proposed reduction, the national authority in charge of supervising the relevant matters informed the Commission, without first hearing the recipient, that it would accept that decision.
3. A Commission decision reducing financial assistance from the European Social Fund initially granted for a vocational training operation, which has serious consequences for the recipient organization, must clearly show the grounds which justify a reduction of the amount of assistance initially authorized. The requirement to state reasons laid down in Article 190 of the Treaty is not satisfied when a decision to reduce assistance relating to various operations carried out by different organizations does not identify, with respect to each of them, the items to which the reduction relates and clearly state the reasons which led the Commission to reduce, for each of them, the assistance granted.
[ Bailii ]
 
Del Plato v Commission (Rec 1994,p FP-IA-307,II-961) T-242/94; [1994] EUECJ T-242/94
7 Dec 1994
ECFI

European

[ Bailii ]
 
GrauHupka v Stadtgemeinde Bremen (Rec 1994,p I-5535) (Judgment) C-297/93; [1994] EUECJ C-297/93
13 Dec 1994
ECJ

European

[ Bailii ]
 
SMW Winzersekt v Land Rheinland-Pfalz (Rec 1994,p I-5555) (Judgment) C-306/93; [1994] EUECJ C-306/93
13 Dec 1994
ECJ

European

[ Bailii ]
 
GoldStar Europe v Hauptzollamt Ludwigshafen (Rec 1994,p I-5587) (Judgment) C-401/93; [1994] EUECJ C-401/93
13 Dec 1994
ECJ

European

[ Bailii ]
 
Bayer v Commission (Rec 1994,p I-5619) (Judgment) C-195/91; [1994] EUECJ C-195/91P
15 Dec 1994
ECJ

European

[ Bailii ]
 
Commission v Spain (Rec 1994,p I-5777) (Judgment) C-94/94; [1994] EUECJ C-94/94
15 Dec 1994
ECJ

European

[ Bailii ]
 
Gttrup-Klim and others Grovvareforeninger v Dansk Landbrugs Grovvareselskab (Rec 1994,p I-5641) (Judgment) C-250/92; [1994] EUECJ C-250/92
15 Dec 1994
ECJ

European

[ Bailii ]
 
Unifruit Hellas v Commission (Rec 1994,p II-1201) T-489/93; [1994] EUECJ T-489/93
15 Dec 1994
ECFI

European

[ Bailii ]
 
Transafrica v Administracion del Estado espanol (Judgment) C-136/93; [1994] EUECJ C-136/93
15 Dec 1994
ECJ

European

[ Bailii ]
 
Finsider v Commission (Rec 1994,p I-5697) (Judgment) C-320/92; [1994] EUECJ C-320/92P
15 Dec 1994
ECJ

European

[ Bailii ]
 
Stadt Lengerich and others v Helmig and others (Judgment) C-399/92; [1994] ECR I-5727; [1994] EUECJ C-399/92
15 Dec 1994
ECJ

European, Discrimination
Europa The Court of Justice is in principle bound to give a preliminary ruling if the questions raised by the national court or tribunal, which is best placed to appreciate, in the light of the circumstances of the case, the necessity of obtaining a preliminary ruling, have to do with the interpretation of a provision of Community law. In particular, the Court cannot refuse to supply the national court with the elements of Community law which it seeks on the basis of the argument that the ruling might lead the court to annul national provisions and thus create a legal vacuum in national law. Article 119 of the Treaty and Article 1 of Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women does not prevent collective agreements from restricting payment of overtime supplements, for both part -time and full-time employees, to cases where the normal working hours fixed by them are exceeded, excluding hours worked in excess of the hours fixed by individual contracts. Such rules do not result in part-time employees being treated differently to full-time employees because the former receive the same overall pay as full-time employees for the same number of hours worked, whether or not the normal working hours fixed by collective agreement are exceeded, overtime supplements being paid to all categories of employees only when those normal working hours are exceeded.
1 Citers

[ Bailii ]
 
McCutcheon v Council T-541/93
16 Dec 1994
ECFI

European


 
Altmann and others v Commission (Rec 1994,p II-1245,IA-311,II-969) T-177/94
16 Dec 1994
ECFI

European


 
Buchmann v Commission (Rec 1994,p II-1265) T-295/94
21 Dec 1994
ECFI

European


 
Laakmann Karton v Commission (Rec 1994,p II-1279) T-301/94; [1994] EUECJ T-301/94
21 Dec 1994
ECFI

European
Europa The judge hearing an application for interim measures may order suspension of the obligation on the applicant undertaking to provide a bank guarantee ensuring payment of the fine imposed on it only if there are exceptional circumstances. Such circumstances may, in particular, result from the fact that the undertaking cannot possibly provide the necessary guarantee, that it risks being wound-up by court order or that the grounds of challenge put forward in the main application against the decision imposing the fine raise immediately particularly serious doubts as to the legality of that decision. With regard to the difficulties experienced by the applicant, by reason of its financial position, in obtaining from a bank the guarantee required by the Commission, those difficulties cannot be regarded as insurmountable on the sole ground that the grant of the bank guarantee is subject to the involvement of other companies in the group to which the applicant belongs, in the absence of evidence that those companies are economically or legally prevented from providing the necessary support.
[ Bailii ]