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10,100 | 13. As is apparent from Article 127(1) of the Court’s Rules of Procedure, no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure. However, an argument which may be regarded as amplifying a plea made previously, whether directly or by implication, in the original application must be considered admissible (see, to that effect, judgments in Italy v Commission , C‑66/02, EU:C:2005:768, paragraphs 85 and 86, and Naipes Heraclio Fournier v OHIM , C‑311/05 P, EU:C:2007:572, paragraphs 58 and 59). | 57. Toutefois, lorsque le Tribunal a constaté ou apprécié les faits, la Cour est compétente pour exercer, en vertu de l’article 256 TFUE, un contrôle sur la qualification juridique de ces faits et les conséquences de droit qui en ont été tirées par le Tribunal (voir, notamment, arrêt du 10 juillet 2008, Bertelsmann et Sony Corporation of America/Impala, C‑413/06 P, Rec. p. I‑4951, point 29 et jurisprudence citée). | 0 |
10,101 | 64. In particular, as regards, first of all, the relationship between the judgments in IATA and ELFAA and Sturgeon and Others , it is apparent from paragraphs 46 to 48 above that there is no tension between those two judgments, the second judgment applying the principles laid down by the first. | 106. Those rules are therefore contrary to Articles 2(1) and 4(2) of Directive 85/337, as amended. The United Kingdom has thus failed to fulfil its obligation to transpose those provisions into domestic law. | 0 |
10,102 | 62
In the light of the context surrounding the evidence on which the Council relies, the General Court was correct to hold that the position of Mr Akhras in Syrian economic life and the important offices held by him, currently or in the past, within the Homs Chamber of Commerce and the Board of the Federation of Syrian Chambers, constituted a set of indicia sufficiently specific, precise and consistent to establish that Mr Akhras was providing economic support to the Syrian regime or benefiting from it (see, by analogy, the judgments in Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraph 52, and Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 51). | 76. On the other hand, in order to satisfy the requirements of the principle of effective judicial protection enshrined in the first paragraph of Article 47 of the Charter and bearing in mind that Article 23(3) of Regulation No 1/2003 provides that the amount of the fine must be fixed by reference to the gravity and duration of the infringement, the courts of the European Union are bound, in the exercise of the powers conferred by Articles 261 TFEU and 263 TFEU, to examine all complaints based on issues of fact and law which seek to show that the amount of the fine is not commensurate with the gravity or the duration of the infringement (see, to that effect, judgment in Commission v Parker Hannifin Manufacturing and Parker-Hannifin , C‑434/13 P, EU:C:2014:2456, paragraph 75 and the case-law cited). | 0 |
10,103 | 47
Moreover, in its settled case-law concerning notaries’ functions, the Court has consistently held that there are fundamental differences between judicial and notarial functions (see, to that effect, judgments of 24 May 2011, Commission v Austria, C‑53/08, EU:C:2011:338, paragraph 103; of 1 October 2015, ERSTE Bank Hungary, C‑32/14, EU:C:2015:637, paragraph 47, and of 1 February 2017, Commission v Hungary, C‑392/15, EU:C:2017:73, paragraph 111). | 24. Since identification of one of those connecting factors is intended to enable the court objectively best placed to determine whether the elements establishing the liability of the person sued are present to assume jurisdiction, only the court within the jurisdiction of which the relevant connecting factor is to be found is the court before which an action may properly be brought is (see Pinckney , paragraph 28 and the case‑law cited). | 0 |
10,104 | 30. In accordance with settled case-law, legislation which is such as to restrict a fundamental freedom guaranteed by the Treaty can be justified in the light of EU law only if it is based on objective considerations of public interest independent of the nationality of the persons concerned and if it is proportionate to the legitimate objective pursued by the provisions of national law (see De Cuyper , paragraph 40; Tas-Hagen and Tas , paragraph 33; and Morgan and Bucher , paragraph 33). It follows from the case-law of the Court that a measure is proportionate if, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain that objective ( De Cuyper , paragraph 42; Morgan and Bucher , paragraph 33; and Prinz and Seeberger , paragraph 33). | 35. Nevertheless, as pointed out by the German Government, the United Kingdom Government and the European Commission, a registered trade mark that is used only as part of a composite mark or in conjunction with another mark must continue to be perceived as indicative of the origin of the product at issue for that use to be covered by the term ‘genuine use’ within the meaning of Article 15(1). | 0 |
10,105 | 32 The preliminary point must be made that, as the Court has already held in Case C-367/96 Kefalas and Others v Greek State and Others [1998] ECR I-2843, paragraph 28, the objective of Article 25(1) of the Second Directive is to ensure, for the benefit of shareholders, that a decision increasing the capital of the company and, consequently, affecting the share of equity held by them, is not taken without their participation in the exercise of the decision-making powers of the company. According to the case-law, that objective would be seriously frustrated if the Member States were entitled to derogate from the provisions of the directive by maintaining in force rules - even rules categorised as special or exceptional - under which it was possible to decide by administrative measure, outside any decision by the general meeting of shareholders, to effect an increase in the company's capital (Karella and Karellas, cited above, paragraph 26). | 22. Ainsi, la procédure précontentieuse poursuit les trois objectifs suivants: permettre à l’État membre de mettre fin à l’infraction éventuelle, le mettre en mesure d’exercer ses droits de défense et délimiter l’objet du litige en vue d’une éventuelle saisine de la Cour (arrêt du 10 décembre 2002, Commission/Irlande, C‑362/01, Rec. p. I‑11433, point 18). | 0 |
10,106 | 46. It is apparent from settled case-law that, in order to be considered an establishment to which the supplies of goods and services by a taxable person are connected, an establishment must possess a sufficient degree of permanence and a structure adequate, in terms of human and technical resources, to carry out the transactions under consideration on an independent basis (see, to that effect, Case C‑190/95 ARO Lease [1997] ECR I‑4383, paragraph 16, and Case C‑390/96 Lease Plan Luxembourg [1998] ECR I‑2553, paragraph 24). | 62 At the very least it is indispensable for authentication to precede notification because otherwise there would always be a risk that the notified text would not be identical to the text adopted by the Commission. | 0 |
10,107 | 41. In interpreting a provision of Community law, it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it is part (see, inter alia, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St. Nikolaus Brennerei [1984] ECR 1051, paragraph 10; and Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23). | 23 It should be recalled, at the outset, that according to the settled case-law of the Court, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it is part (see, inter alia, the judgments in Case 292/82 Merck v Hauptzollamt Hamburg-Jonas [1983] ECR 3781, paragraph 12; and in Case 337/82 St. Nikolaus Brennerei v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10). | 1 |
10,108 | 42. It is also apparent from the Court’s case-law that a provision of national law which imposes quantitative or qualitative restrictions on investments made in other Member States has a restrictive effect in relation to companies established in other Member States in that such a provision constitutes an obstacle to the raising, by such companies, of capital, since the acquisition of, inter alia, shares is restricted (see, to that effect, Commission v Poland , paragraphs 51 and 52 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,109 | 100. In that regard it follows from settled case-law that Community law does not detract from the power of the Member States to organise their social security systems (see, in particular, Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16, and Case C-70/95 Sodemare and Others [1997] ECR I-3395, paragraph 27). Therefore, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine the conditions on which social security benefits are granted (see, in particular, Case 110/79 Coonan [1980] ECR 1445, paragraph 12; Case C-349/87 Paraschi [1991] ECR I-4501, paragraph 15, and Joined Cases C-4/95 and C-5/95 Stöber and Piosa Pereira [1997] ECR I-511, paragraph 36). However, it is nevertheless the case that the Member States must comply with Community law when exercising that power (Decker , paragraph 23, and Kohll , paragraph 19). | 27
The application of the more lenient criminal law necessarily involves a succession of laws over time and is based on the conclusion that the legislature changed its position either on the criminal classification of the act or the penalty to be applied to an offence. | 0 |
10,110 | 48
The Court has already ruled that it does not follow from any provision of European Union law that the origin of the shareholders, be they natural or legal persons, of companies resident in the European Union affects that right, since the status of being a European Union company is based, under Article 54 TFEU, on the location of the corporate seat and the legal order where the company is incorporated, not on the nationality of its shareholders (judgment of 1 April 2014, Felixstowe Dock and Railway Company and Others, C‑80/12, EU:C:2014:200, paragraph 40). | 46. En tout état de cause, ainsi qu’il ressort de l’ordonnance attaquée, la requérante a eu la possibilité de présenter ses observations écrites sur les fins de non‑recevoir soulevées par la Commission et s’en est prévalue. À cet égard, il peut, au demeurant, être rappelé que, selon la jurisprudence de la Cour européenne des droits de l’homme, la tenue d’une audience n’est pas nécessaire lorsque l’affaire ne soulève pas de questions de fait ou de droit ne pouvant être adéquatement résolues sur le fondement du dossier et des observations écrites des parties (voir Cour EDH, arrêt Döry c. Suède, du 12 novembre 2002, § 37). | 0 |
10,111 | 80. As a preliminary point, it is appropriate to observe, first, that the purpose of Article 2 of the Directive is to define the types of signs of which a trade mark may consist (Case C-273/00 Sieckmann [2002] ECR I-11737, paragraph 43), irrespective of the goods or services for which protection might be sought (see to that effect Sieckmann , paragraphs 43 to 55, Libertel , paragraphs 22 to 42, and Case C-283/01 Shield Mark [2003] ECR I-0000, paragraphs 34 to 41). It provides that a trade mark may consist inter alia of " words" and " letters" , provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings. | 82
In that context, contrary to what was held by the General Court in paragraph 57 of the judgment under appeal Autogrill España v Commission and in paragraph 61 of the judgment under appeal Banco Santander and Santusa v Commission, it cannot be inferred from paragraph 36 of the judgment of 8 November 2001, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke (C‑143/99, EU:C:2001:598), according to which measures are not selective where they apply to all the undertakings in the national territory, ‘regardless of their activity’, that a measure whose application does not depend on the nature of the undertakings’ activity is, a priori, not selective. | 0 |
10,112 | 35. It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, RUMA , C‑183/06, EU:C:2007:110, paragraph 27, and Medion and Canon Deutschland , C‑208/06 and C‑209/06, EU:C:2007:553, paragraph 34). | 27. It should be noted at the outset that it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant heading of the combined nomenclature and of the notes to the sections or chapters (see, inter alia, Case C-396/02 DFDS [2004] ECR I-8439, paragraph 27; Case C-495/03 Intermodal Transports [2005] ECR I-8151, paragraph 47; and Case C-445/04 Possehl Erzkontor [2005] ECR I-10721, paragraph 19). | 1 |
10,113 | 82. The Court has consistently held that, in the context of an action for annulment, such an examination is not within the purview of the General Court, since the General Court must not substitute its own economic assessment for that of the Commission (see, to that effect, order in DSG v Commission , C‑323/00 P, EU:C:2002:260, paragraph 43, and judgment in KME Germany and Others v Commission , C‑272/09 P, EU:C:2011:810, paragraphs 93 and 103). | 29. According to settled case-law, EU law cannot be relied on for abusive or fraudulent ends (see, inter alia, Case C‑367/96 Kefalas and Others [1998] ECR I‑2843, paragraph 20; Case C‑373/97 Diamantis [2000] ECR I‑1705, paragraph 33; and Case C‑255/02 Halifax and Others [2006] ECR I‑1609, paragraph 68). | 0 |
10,114 | 36
Thirdly, although, as has been stated in paragraph 31 of this judgment, Directive 2004/38 aims to facilitate and strengthen the exercise of the right of Union citizens to move and reside freely within the territory of the Member States, the fact remains that the subject matter of the directive concerns, as is apparent from Article 1(a), the conditions governing the exercise of that right (judgments of 5 May 2011, McCarthy, C‑434/09, EU:C:2011:277, paragraph 33, and of 12 March 2014, O. and B., C‑456/12, EU:C:2014:135, paragraph 41). | 57. It follows from the foregoing that a provision of an act duly adopted on the basis of the EU Treaty before the entry into force of the Treaty of Lisbon which lays down detailed rules for the adoption of measures for the implementation of that act continues to produce its legal effects until it is repealed, annulled or amended and permits the adoption of implementing measures in accordance with a procedure established by that provision. | 0 |
10,115 | 49. In that respect, it is settled case-law that any advantage resulting from the low taxation to which a subsidiary established in a Member State other than the one in which the parent company was incorporated is subject cannot by itself authorise that Member State to offset that advantage by less favourable tax treatment of the parent company (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 21; see also, by analogy, Case C-294/97 Eurowings Luftverkehr [1999] ECR I-7447, paragraph 44, and Case C-422/01 Skandia and Ramstedt [2003] ECR I-6817, paragraph 52). The need to prevent the reduction of tax revenue is not one of the grounds listed in Article 46(1) EC or a matter of overriding general interest which would justify a restriction on a freedom introduced by the Treaty (see, to that effect, Case C-136/00 Danner [2002] ECR I-8147, paragraph 56, and Skandia and Ramstedt , paragraph 53). | 44 Any tax advantage resulting for providers of services from the low taxation to which they are subject in the Member State in which they are established cannot be used by another Member State to justify less favourable treatment in tax matters given to recipients of services established in the latter State (see, as regards Article 52 of the EC Treaty (now, after amendment, Article 43 EC), Commission v France, paragraph 21, and Asscher, paragraph 53, both cited above). | 1 |
10,116 | 73 In response to those arguments, it is to be remembered that, having regard to the objectives of the Community, sport is subject to Community law only in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty (see Case 36/74 Walrave v Union Cycliste Internationale [1974] ECR 1405, paragraph 4). This applies to the activities of professional or semi-professional footballers, where they are in gainful employment or provide a remunerated service (see Case 13/76 Donà v Mantero [1976] ECR 1333, paragraph 12). | 4 HAVING REGARD TO THE OBJECTIVES OF THE COMMUNITY, THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY . | 1 |
10,117 | 25. In the case at issue in the main proceedings, child-raising allowance is claimed by Ms Hartmann, who, as the spouse of a worker who falls within the scope of Regulation No 1612/68, is only an indirect beneficiary of the equal treatment granted to migrant workers by Article 7(2) of that regulation. Consequently, the benefit of German child-raising allowance can be extended to Ms Hartmann only if that allowance constitutes for her husband a ‘social advantage’ within the meaning of Article 7(2) of Regulation No 1612/68 (see, by analogy, Case C‑3/90 Bernini [1992] ECR I‑1071, paragraph 26). | 41. In that regard, it should be observed that the framework established by Directive 77/799 for cooperation between the competent authorities of the Member States does not exist between those authorities and the competent authorities of a non-member State where that State has not entered into any undertaking of mutual assistance (see Commission v Italy , paragraph 70) | 0 |
10,118 | 31 In that respect it should be borne in mind that an undertaking which has a statutory monopoly may be regarded as having a dominant position within the meaning of Article 86 of the Treaty (see the judgment in Case C-311/84 CBEM, COT IPB [1985] ECR 3261, paragraph 16) and that the territory of a Member State over which the monopoly extends may constitute a substantial part of the common market (see the judgment in Case C-322/81 Michelin v Commission [1983] ECR 3461, paragraph 28). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,119 | 24. Article 267 TFEU gives national courts the power and, in certain cases, imposes on them the obligation to refer a case for a preliminary ruling, as soon as they perceive either of their own motion or at the request of the parties that the substance of the dispute raises a point referred to in the first paragraph of Article 267. They have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation, or consideration of the validity, of provisions of European Union law, necessitating a decisi on on their part (Case 166/73 Rheinmühlen‑Düsseldorf [1974] ECR 33, paragraph 3, and Case C‑261/95 Palmisani [1997] ECR I‑4025, paragraph 20). | 29. For that purpose, the contracting authority must take account of the right conferred on every economic operator by Articles 47(2) and 48(3) of Directive 2004/18 to rely on, for a particular contract, the capacities of other entities, regardless of the nature of the links which it has with them, provided that it proves to the contracting authority that it will have at its disposal the resources necessary for the execution of the contract. | 0 |
10,120 | 56. According to the Court’s settled case-law, the application of a national limitation period must not lead to the exercise of the right to review of decisions to award public contracts being deprived of its practical effectiveness (see, to that effect, Case C‑470/99 Universale-Bau and Others [2002] ECR I‑11617, paragraph 72; Case C‑327/00 Santex [2003] ECR I‑1877, paragraphs 51 and 57; and Lämmerzahl , paragraph 52). | 55. As regards the question of abuse mentioned at paragraph 24 of the Singh judgment, cited above, it should be mentioned that the motives which may have prompted a worker of a Member State to seek employment in another Member State are of no account as regards his right to enter and reside in the territory of the latter State provided that he there pursues or wishes to pursue an effective and genuine activity (Case 53/81 Levin [1982] ECR 1035, paragraph 23). | 0 |
10,121 | 40. According to Article 47(2) of that regulation, the exporter has, except in cases of force majeure , a period of 12 months following the date on which the export declaration was accepted to submit to the competent national authorities the application for refund and all the other documents necessary for the payment thereof. Such a time-limit takes account of the interest of the Member States' authorities in closing export refund files within a reasonable time, in particular where advances on the amount of refunds have been paid in accordance with Article 22 of Regulation No 3665/87 (see, to that effect, in respect of the equivalent provisions in Commission Regulation (EEC) No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1979 L 317, p. 1), which applied before the entry into force of Regulation No 3665/87, Case C-155/89 Philipp Brothers [1990] ECR I-3265, paragraph 39). | 34
Such an objective may be a reason of overriding public interest capable of justifying a restriction on fundamental freedoms, such as that at issue in the main proceedings. | 0 |
10,122 | 33 Articles 85 and 86 of the Treaty apply only to anti-competitive conduct engaged in by undertakings on their own initiative (see to that effect, as regards Article 86 of the Treaty, Case 41/83 Italy v Commission [1985] ECR 873, paragraphs 18 to 20; Case C-202/88 France v Commission - the so-called `telecommunications terminals' judgment - [1991] ECR I-1223, paragraph 55; and Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 20). If anti-competitive conduct is required of undertakings by national legislation or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, Articles 85 and 86 do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings (see also Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 72, and more particularly paragraphs 65, 66, 71 and 72). | 32. In the context of that cooperation, questions concerning EU law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see Case C-421/01 Traunfellner [2003] ECR I-11941, paragraph 37; Joined Cases C-94/04 and C-202/04 Cipolla and Others [2006] ECR I-11421, paragraph 25; and Joined Cases C-570/07 and C-571/07 Blanco Pérez and Chao Gómez [2010] ECR I-4629, paragraph 36). | 0 |
10,123 | 22. As a preliminary point, it is important to note that it follows from the Court’s case-law (see, inter alia, Case 10/86, VAG France [1986] ECR 4071, paragraph 12; Case C-230/96 Cabour [1998] ECR I-2055, paragraphs 47, 48 and 51; and Case C-260/07 Pedro IV Servicios [2009] ECR I-2437, paragraph 68) that non-compliance with a condition necessary for the exemption cannot, in itself, give rise to damages pursuant to Article 101 TFEU or oblige a supplier to accept an applicant distributor into a distribution system. | 34 With regard to the alternative plea, suffice it to point out that it is not for this Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law. | 0 |
10,124 | Il convient de rappeler que, selon une jurisprudence constante, la motivation de l’arrêt attaqué doit faire apparaître de façon claire et non équivoque le raisonnement du Tribunal, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (voir, notamment, arrêt du 26 mai 2016, Rose Vision/Commission, C‑224/15 P, EU:C:2016:358, point 24 et jurisprudence citée). | 18 Consequently, the provision of maritime transport services between Member States cannot be subject to stricter conditions than those to which analogous provisions of services at domestic level are subject. | 0 |
10,125 | 68. Furthermore, according to the Court ' s case-law, the various grounds for refusing registration set out in Article 3 of the Directive must be interpreted in the light of the public interest underlying each of them (see in particular Case C-299/99 Philips [2002] ECR I-5475, paragraph 77, Linde , paragraph 71, and Libertel , paragraph 51). | 41. It is for the competent national authorities and, where appropriate, the national courts not only to establish the existence of a real link with the labour market, but also to assess the constituent elements of that benefit, in particular its purposes and the conditions subject to which it is granted. | 0 |
10,126 | 18. Whilst the Court has consistently held that, in the context of the application of Article 234 EC, it has no jurisdiction to decide whether a national provision is compatible with Community law, it may, none the less, extract from the wording of the questions formulated by the national court, and having regard to the facts stated by the latter, those elements which concern the interpretation of Community law, for the purpose of enabling that court to resolve the legal problems before it (see Joined Cases C-330/90 and C-331/90 López Brea and Hidalgo Palacios [1992] ECR I-323, paragraph 5, and Case C-224/01 Köbler [2003] ECR I-10239, paragraph 60). | 47. What must be ascertained is therefore not whether the measure adopted by the legislature was the only measure possible or the best measure possible but whether it was manifestly inappropriate ( Spain v Council , paragraph 99). | 0 |
10,127 | 77
In the first place, as regards the appellant’s argument concerning the rules derived from case-law restricting the conditions in which the Commission may, under Regulation No 1049/2001, disclose to third parties documents in the administrative file relating to a proceeding under Articles 101 TFEU and 102 TFEU, it must be stated, at the outset, that Regulation 1049/2001 does not apply in the context of the present case, which relates to the publication of information in a Commission decision finding an infringement of Article 101 TFEU. The question arises, therefore, of whether, despite the fact that that regulation does not apply to the present case, the case-law formulated on the basis of that regulation, under which the Court acknowledged that there was a general presumption capable of justifying the refusal to disclose the documents in a file relating to a proceeding under Article 101 TFEU, must, nonetheless, be transposed to the publication of decisions on infringements of Article 101 TFEU (see, to that effect, judgment of 27 February 2014, Commission v EnBW, C‑365/12 P, EU:C:2014:112, paragraphs 92 and 93). | 182. In so far as the question concerns successive fixed-term employment contracts, it must be pointed out that that question is the same as a question on which the Court has already given a ruling in Adeneler and Others (paragraphs 91 to 105) and that other relevant information enabling an answer to be given to that question appears in the judgments in Marrosu and Sardino (paragraphs 44 to 57) as well as Vassallo (paragraphs 33 to 42) and the order in Vassilakis and Others (paragraphs 120 to 137). | 0 |
10,128 | 52. In this respect, it must be recalled that it is for the national court to interpret the national law, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive, which requires that national court to do whatever lies within its jurisdiction, taking the whole body of domestic law into consideration and applying the interpretative methods recognised by that law (see, to that effect, judgments in Adeneler and Others , C‑212/04, EU:C:2006:443, paragraph 111; Kofoed , C‑321/05, EU:C:2007:408, paragraph 45; and Maks Pen , EU:C:2014:69, paragraph 36). | 38. Accordingly, the fact that a flight such as that at issue in the main proceedings has not been delayed, as regards the scheduled departure time, beyond the limits set out in Article 6 of Regulation No 261/2004, cannot affect the obligation on air carriers to compensate the passengers of such a flight, provided that the arrival of that flight at the final destination has been delayed by three hours or more. | 0 |
10,129 | 32. It is appropriate to note in that regard that, according to settled case‑law, the Council has conferred upon the Commission, acting in cooperation with the customs experts of the Member States, a broad discretion to define the subject-matter of tariff headings falling to be considered for the classification of particular goods. However, the Commission’s power to adopt the measures mentioned in Article 9(1)(a), (b), (d) and (e) of Regulation No 2658/87, such as additional notes, does not authorise it to alter the subject-matter of the tariff headings which have been defined on the basis of the HS – established by the Convention on the HS – whose scope the Community has undertaken, under Article 3 thereof, not to modify (Case C‑267/94 France v Commission [1995] ECR I‑4845, paragraphs 19 and 20, and Case C‑15/05 Kawasaki Motors Europe [2006] ECR I‑3657, paragraph 35). | 26. Il convient de relever d’emblée que des données, telles que celles qui, selon la juridiction de renvoi, sont collectées par les détectives privés dans l’affaire en cause au principal, portent sur des personnes agissant comme agents immobiliers et concernent des personnes physiques identifiées ou identifiables. Elles constituent, par conséquent, des données à caractère personnel, au sens de l’article 2, sous a), de la directive 95/46. Leur collecte, leur conservation et leur transmission par un organisme réglementé tel que l’IPI ou par les détectives privés agissant pour leur compte présentent, dès lors, le caractère d’un «traitement de données à caractère personnel», au sens de l’article 2, sous b), de la directive 95/46 (voir arrêt du 16 décembre 2008, Huber, C‑524/06, Rec. p. I‑9705, point 43). | 0 |
10,130 | 20. It should be remembered at the outset that the letting of immovable property within the meaning of Article 13B(b) of the Sixth Directive essentially consists in the conferring by a landlord on a tenant, for an agreed period and in return for payment, of the right to occupy property as if that person were the owner and to exclude any other person from enjoyment of such a right (see, to that effect, Case C‑326/99 ‘Goed Wonen’ [2001] ECR I‑6831, paragraph 55; Case C‑409/98 Mirror Group [2001] ECR I‑7175, paragraph 31; Case C‑269/00 Seeling [2003] ECR I‑4101, paragraph 49; and Case C‑284/03 Temco Europe [2004] ECR I‑11237, paragraph 19). | 33. Dès lors, ce n’est qu’à titre tout à fait exceptionnel que la Cour peut, par application d’un principe général de sécurité juridique inhérent à l’ordre juridique de l’Union, être amenée à limiter la possibilité d’invoquer une disposition qu’elle a interprétée. Pour qu’une telle limitation puisse être décidée, il est nécessaire que deux critères essentiels soient réunis, à savoir la bonne foi des milieux intéressés et le risque de troubles graves (arrêts Skov et Bilka, précité, point 51, ainsi que du 3 juin 2010, Kalinchev, C‑2/09, non encore publié au Recueil, point 50). | 0 |
10,131 | 99. In that regard, according to the settled case-law of the Court, the gravity of infringements of EU competition law must be determined by reference to numerous factors such as, in particular, the specific circumstances and context of the case and the deterrent effect of fines, although no binding or exhaustive list of the criteria to be applied has been drawn up (see, inter alia, Dansk Rørindustri and Others v Commission , paragraph 241, and Case C‑534/07 P Prym and Prym Consumer v Commission [2009] ECR I‑7415, paragraph 54). | 60. Par ailleurs, il importe que, lorsque des incertitudes subsistent quant à l’existence ou à l’importance de risques pour la santé des personnes, l’État membre puisse prendre des mesures de protection sans avoir à attendre que la réalité de ces risques soit pleinement démontrée. En particulier, un État membre peut prendre les mesures qui réduisent, autant que possible un risque pour la santé, y compris plus précisément un risque pour l’approvisionnement en médicaments de la population sûr et de qualité (voir arrêts précités Apothekerkammer des Saarlandes e.a., point 30, ainsi que Blanco Pérez et Chao Gómez, point 74). | 0 |
10,132 | 18. Promotional campaigns, such as those at issue in the main proceedings, which enable consumers to take part free of charge in a lottery subject to their purchasing a certain quantity of goods or services, clearly form part of an operator’s commercial strategy and relate directly to the promotion thereof and its sales development. It follows that they constitute commercial practices within the meaning of Article 2(d) of the Directive and, consequently, come within its scope (Case C-304/08 Plus Warenhandelsgesellschaft [2010] ECR I-0000, paragraph 37 and case-law cited). | 28. Moreover, only the relevant distinguishing criteria established by the legislation in question must be taken into account in determining whether the difference in treatment resulting from that legislation reflects situations which are objectively different. Accordingly, where a Member State chooses to exercise its tax jurisdiction over dividends distributed by resident companies on the sole basis of the place of residence of the recipient UCITS, the tax situation of the latter’s shareholders is irrelevant for the purpose of determining whether or not that legislation is discriminatory. | 0 |
10,133 | 30
On the other hand, it is important to bear in mind that Article 7 of Directive 2008/95 is worded in general terms and comprehensively regulates the question of the exhaustion of trade mark rights for goods traded in the European Union and that, where EU directives provide for the harmonisation of measures necessary to ensure the protection of the interests referred to in Article 36 TFEU, any national measure relating thereto must be assessed in relation to the provisions of that directive and not Articles 34 to 36 TFEU. Like any secondary EU legislation, however, that directive must be interpreted in the light of the TFEU rules on the free movement of goods and of Article 36 TFEU in particular (see, to that effect, judgments of 11 July 1996, Bristol-Myers Squibb and Others, C‑427/93, C‑429/93 and C‑436/93, EU:C:1996:282, paragraphs 25 to 27 and the case-law cited, and of 20 March 1997, Phytheron International, C‑352/95, EU:C:1997:170, paragraphs 17 and 18). | 16 THE AGGREGATION AND APPORTIONMENT CANNOT THEREFORE BE CARRIED OUT IF THEIR EFFECT IS TO DIMINISH THE BENEFITS WHICH THE PERSON CONCERNED MAY CLAIM BY VIRTUE OF THE LAWS OF A SINGLE MEMBER STATE ON THE BASIS SOLELY OF THE INSURANCE PERIODS COMPLETED UNDER THOSE LAWS, ALWAYS PROVIDED THAT THIS METHOD CANNOT LEAD TO A DUPLICATION OF BENEFITS FOR ONE AND THE SAME PERIOD . | 0 |
10,134 | 50. Nevertheless, in a situation such as that at issue in the cases in the main proceedings falling within the scope of Regulation No 2988/95, it must be stated that, in any event, in the absence of legally applicable national legislation laying down a longer limitation period, Article 3(1) of Regulation No 2988/95 provides for a four-year limitation period and remains directly applicable in the Member States, including in the field of export refunds on agricultural products (see Case C-278/02 Handlbauer [2004] ECR I-6171, paragraph 35). | 66. The failure to review the whole of the contested decision of the Court’s own motion does not contravene the principle of effective judicial protection. Compliance with that principle does not require that the General Court – which is indeed obliged to respond to the pleas in law raised and to carry out a review of both the law and the facts – should be obliged to undertake of its own motion a new and comprehensive investigation of the file. | 0 |
10,135 | 28 A criterion based on the distance or geographical location of the port of destination cannot in itself justify the imposition of different harbour dues. Such a difference may be justified only where there are objective differences in the services provided to passengers by the carriers (see to that effect Commission v France, cited above, paragraph 16, and Commission v Portugal, cited above, paragraph 36). | 29. In that regard, it should be noted that the Court may, of its own motion, on a proposal from the Advocate General or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of the Rules of Procedure, if it considers that it lacks sufficient information or that the case should be decided on the basis of an argument which has not been discussed between the parties (Case C‑309/99 Wouters and Others [2002] ECR I‑1577, paragraph 42, and Case C-210/03 Swedish Match [2004] ECR I‑11893, paragraph 25). | 0 |
10,136 | 31. In line with this broad interpretation of the concept of a decision amenable to review, the Court has held that the contracting authority’s decision prior to the conclusion of the contract as to the tenderer to whom the contract will be awarded must in all cases be open to review, regardless of the possibility of obtaining an award of damages once the contract has been concluded ( Alcatel Austria and Others , paragraph 43). | 39. The position may be different if non-compliance with such formal requirements effectively prevents the production of conclusive evidence that the substantive requirements have been satisfied (judgment in EMS-Bulgaria Transport , EU:C:2012:458, paragraph 71 and the case-law cited). | 0 |
10,137 | 27. According to recital 7 in the preamble to Directive 95/46, the establishment and functioning of the internal market are liable to be seriously affected by differences in national rules applicable to the processing of personal data (Case C‑101/01 Lindqvist [2003] ECR I‑12971, paragraph 79). | 25. A special benefit within the meaning of Article 4(2a) of Regulation No 1408/71 is defined by its purpose. It must either replace or supplement a social security benefit and be by its nature social assistance justified on economic and social grounds and fixed by legislation setting objective criteria (see to that effect Case C-20/96 Snares [1997] ECR I-6057, paragraphs 33, 42 and 43, Case C-297/96 Partridge [1998] ECR I-3467, paragraph 34, and Case C-43/99 Leclère and Deaconescu [2001] ECR I-4265, paragraph 32). | 0 |
10,138 | 35. The reasoning followed in the cited judgments of the Corte suprema di cassazione is itself based on a premiss which is a mere presumption, namely that indirect taxes are in principle passed on by subsequent sales by economic operators where they have the chance. The other factors, if any, taken into account, namely the commercial nature of the taxpayer's business, the fact that its financial situation is not parlous and the levying of the tax in question throughout the national territory for an appreciable period without objection, permit the conclusion that an undertaking which has carried on its business in such a context has in fact passed on the charges in question only if one relies on the premiss that all economic operators act thus, save in special circumstances such as the absence of one or other of those factors. However, as the Court has already held (see San Giorgio , cited above, paragraphs 14 and 15; Joined Cases 331/85, 376/85 and 378/85 Bianco and Girard [1988] ECR I-1099, paragraph 17; Commission v Italy , cited above, paragraph 7, and Comateb and Others , paragraph 25), and for the economic reasons pointed out by the Advocate General in points 73 to 80 of his Opinion, such a premiss is unjustified in a certain number of situations and is merely a presumption which cannot be accepted in the context of the examination of claims for repayment of indirect taxes contrary to Community law. | 47
It should be noted that, pursuant to Article 1 of Directive 2004/35, the purpose of that directive is to establish a framework of environmental liability based on the polluter-pays principle with a view to preventing and remedying environmental damage. In the framework of environmental liability laid down by that directive, which is founded on a high degree of environmental protection and on the polluter-pays principle, operators are under a duty both to prevent and to remedy environmental damage (see, to that effect, judgment of 9 March 2010, ERG and Others, C‑379/08 and C‑380/08, EU:C:2010:127, paragraphs 75 and 76). | 0 |
10,139 | 76. In cases in which the unlawful aid in question has to be recovered from undertakings against which individual protective or enforcement measures have been adopted without success, it is for the Member State concerned to take and then communicate to the Commission all measures enabling repayment of the unlawful aid to be obtained and, if need be, measures aimed at the judicial liquidation of those undertakings, so that that State can enforce its claims against their assets (see, to that effect, C‑280/05 Commission v Italy , paragraph 28 and the case-law cited). Consequently, it is for the Member State to demonstrate, first, that bankruptcy proceedings have been taken against the undertakings concerned and, secondly, that the claims against them have been registered in accordance with the principles set out in paragraphs 72 to 74 above. | 34. As regards the freedom of establishment, such legislation, by restricting the ability to form CAF to certain legal entities meeting strict conditions and, as follows from the information provided, to some of those entities with their registered office in Italy, is liable to make more difficult, or even completely prevent, the exercise by economic operators from other Member States of their right to establish themselves in Italy with the aim of providing the services in question. | 0 |
10,140 | 57. Second, the first subparagraph of Article 8(4), which authorises a Member State to refuse to recognise the validity of a driving licence obtained in another Member State by a person who is, in the first Member State’s territory, the subject of a measure restricting, suspending, withdrawing or cancelling a licence, constitutes a derogation from the general principle of mutual recognition of driving licences and is, therefore, to be interpreted strictly (see, to that effect, Kapper , paragraphs 70 and 72, and the orders in Halbritter , paragraph 35, and Kremer , paragraph 28). | 24. Cette législation aboutit donc à ce que les dons et legs soient imposés plus lourdement lorsqu’ils sont consentis en faveur d’organismes et d’établissements établis dans un État membre autre que la République française, et a pour effet de diminuer la valeur de ces dons et legs (voir, par analogie, arrêt Missionswerk Werner Heukelbach, C‑25/10, EU:C:2011:65, point 24). | 0 |
10,141 | 47. In that regard, it has consistently been held that the procedure provided for under Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the disputes before them (see, inter alia, Case C-445/06 Danske Slagterier [2009] ECR I-2119, paragraph 65, and Case C-197/10 Unió de Pagesos de Catalunya [2011] ECR I-8495, paragraph 16 and the case-law cited). | 12 DANS LE CAS D' UN IMPOT DE CONSOMMATION COMME CELUI QUI EST MIS EN CAUSE DANS LE LITIGE AU PRINCIPAL, CET IMPOT FAIT PARTIE D' UN SYSTEME GENERAL DE TAXES INTERNES . LES DIX-NEUF TAXES A LA CONSOMMATION SONT REGIES PAR DES REGLES FISCALES COMMUNES ET GREVENT DES CATEGORIES DE PRODUITS EN VERTU D' UN CRITERE OBJECTIF, INDEPENDAMMENT DE L' ORIGINE DU PRODUIT CONCERNE, A SAVOIR L' APPARTENANCE D' UN PRODUIT A UNE CATEGORIE DE MARCHANDISES DETERMINEE . UNE PARTIE DE CES IMPOTS FRAPPE DES PRODUITS DESTINES A L' ALIMENTATION HUMAINE, DONT L' IMPOT SUR LA CONSOMMATION DES BANANES . LE FAIT QUE CES BIENS SOIENT DE PRODUCTION NATIONALE OU DE PRODUCTION ETRANGERE NE SEMBLE PAS AVOIR UNE INFLUENCE NI SUR LE TAUX, NI SUR L' ASSIETTE, NI SUR LES MODALITES DE PERCEPTION . LA DESTINATION DU PRODUIT DE CES IMPOTS N' EST PAS SPECIFIQUE; IL CONSTITUE UNE RECETTE FISCALE IDENTIQUE AUX AUTRES ET CONCOURT COMME LES AUTRES A FINANCER D' UNE MANIERE GENERALE LES DEPENSES DE L' ETAT DANS TOUS LES SECTEURS . | 0 |
10,142 | 64. In order to give a useful answer to the referring court, it must be recalled that the Court has held, on numerous occasions, that there is a right to deduct VAT paid on consultancy services used for the purposes of various financial transactions, on the ground that those services were directly attributable to the economic activities of the taxable persons (see, inter alia, Midland Bank , paragraph 31; Abbey National , paragraphs 35 and 36; Cibo Participations , paragraphs 33 and 35; Kretztechnik , paragraph 36; and Securenta , paragraphs 29 and 31). | 87. Such a restriction can be justified, under EU law, only if it is based on objective considerations independent of the nationality of the persons concerned and is proportionate to the legitimate objective of the national provisions (see De Cuyper , paragraph 40; Tas-Hagen and Tas , paragraph 33; Zablocka-Weyhermüller , paragraph 37; and Rüffler , paragraph 74). | 0 |
10,143 | 24 In principle the recovery of aid must take place in accordance with the relevant procedural provisions of national law, subject however to the proviso that those provisions are to be applied in such a way that the recovery required by Community law is not rendered practically impossible (Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 61; Case C-5/89 Commission v Germany [1990] ECR I-3437, paragraph 12; the same applies as regards recovery of Community aid, see Deutsche Milchkontor, cited above). In particular, the interests of the Community must be taken fully into consideration in the application of a provision which requires the various interests involved to be weighed up before a defective administrative measure is withdrawn (Case 94/87 Commission v Germany, cited above, paragraph 12). | 12 It must be added that, in so far as the procedure laid down by national law is applicable to the recovery of an illegal aid, the relevant provisions of national law must be applied in such a way that the recovery required by Community law is not rendered practically impossible and the interests of the Community are taken fully into consideration in the application of a provision which, like that relied upon by the German Government, requires the various interests involved to be weighed up before a defective administrative measure is withdrawn ( see in that connection the judgment in Joined Cases 205 to 215/82 Deutsche Milchkontor v Germany (( 1983 )) ECR 2633 ). | 1 |
10,144 | 37. According to settled case-law, Community law does not detract from the powers of the Member States to organise their social security systems (see, in particular, Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 17; Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraph 44; and Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 92). | 56. In this respect, it is clear that the wrongful removal of a child, following a decision taken unilaterally by one of the parents, more often than not deprives the child of the possibility of maintaining on a regular basis a personal relationship and direct contact with the other parent. | 0 |
10,145 | 31. The Court has held that that provision is not limited to the names of natural persons ( Anheuser-Busch , paragraphs 77 to 80). | 55. It follows that, in order for a restriction on the freedom of establishment to be justified on the ground of prevention of abusive practices, the specific objective of such a restriction must be to prevent conduct involving the creation of wholly artificial arrangements which do not reflect economic reality, with a view to escaping the tax normally due on the profits generated by activities carried out on national territory. | 0 |
10,146 | 24. It should be noted at the outset that it is settled case-law that exceptions are to be interpreted strictly so that general rules are not negated (see judgment in Commission v United Kingdom , C‑346/08, EU:C:2010:213, paragraph 39 and the case-law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,147 | 76. It follows from the foregoing considerations that, by entering into or maintaining in force, despite the renegotiation of the 1957 Agreement, international commitments concerning air fares and rates charged by carriers designated by the United States on intra-Community routes and concerning CRSs offered for use or used on Netherlands territory, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 5 of the Treaty and under Regulations Nos 2409/92 and 2299/89 (see, to that effect, Commission v Denmark , paragraphs 110 to 112; Commission v Sweden , paragraphs 106 to 108; Commission v Finland , paragraphs 111 to 113; Commission v Belgium , paragraphs 124 to 126; Commission v Luxembourg , paragraphs 116 to 118; Commission v Austria , paragraphs 124 to 126, and Commission v Germany , paragraphs 135 to 137).
Failure to fulfil obligations arising from infringement of Article 52 of the Treaty
Arguments of the parties | 45. According to settled case-law, the principle of equal treatment, which applies in matters relating to VAT through the principle of fiscal neutrality, precludes treating similar goods and supplies of services, which are thus in competition with each other, differently for VAT purposes (see, inter alia, Joined Cases C-259/10 and C-260/10 The Rank Group [2011] ECR I-10947, paragraph 32 and the case-law cited). | 0 |
10,148 | 41
However, the Court has consistently held that, when national courts apply domestic law, they are bound to interpret it, to the fullest extent possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third paragraph of Article 288 TFEU. This obligation to interpret national law in conformity with EU law is inherent in the system of the Treaty on the Functioning of the European Union, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of EU law when they determine the disputes before them (see, inter alia, judgment in Dominguez, C‑282/10, EU:C:2012:33, paragraph 24). | 24. In that regard, the Court has consistently held that when national courts apply domestic law they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third paragraph of Article 288 TFEU. This obligation to interpret national law in conformity with European Union law is inherent in the system of the Treaty on the Functioning of the European Union, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of European Union law when they determine the disputes before them (see, inter alia, Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraph 114; Joined Cases C‑378/07 to C‑380/07 Angelidaki and Others [2009] ECR I‑3071, paragraphs 197 and 198; and Case C‑555/07 Kücükdeveci [2010] ECR I‑365, paragraph 48). | 1 |
10,149 | 29. In order to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State, Directive 90/435 aims to avoid, in economic terms, double taxation of profits, in other words, to avoid taxation of distributed profits, first, in the hands of the subsidiary and, then, in the hands of the parent company (see, to that effect, Banque Fédérative du Crédit Mutuel , paragraphs 24 and 27). | 12 In the first place there is no foundation for it in the wording of Article 69(4 ) which merely requires that an unemployed person who returns to Belgium must again be employed there for three months in order to requalify for benefits in Belgium and thus concerns requalification for benefits and not acquisition of entitlement thereto . | 0 |
10,150 | 35. Any other measure which hinders access of products originating in other Member States to the market of a Member State is also covered by that concept ( Commission v Italy , paragraph 37, and Ker-Optika , paragraph 50). | 16 Far from containing a direct and unconditional renvoi to provisions of Community law so as to incorporate them into the domestic legal order, the 1982 Act takes the Convention as a model only, and does not wholly reproduce the terms thereof. | 0 |
10,151 | 48. It should be recalled, in that context, that the mere fact that the authorisation and control of a certain number of private operators may prove more burdensome for the national authorities than supervision of a single operator is irrelevant. Indeed, it is apparent from the case-law of the Court that administrative inconvenience does not constitute a ground that can justify a restriction on a fundamental freedom guaranteed by European Union law (see, to that effect, Case C-386/04 Centro di Musicologia Walter Stauffer [2006] ECR I‑8203, paragraph 48, and Case C-318/07 Persche [2009] ECR I‑359, paragraph 55). | 41. Or, selon une jurisprudence constante, un État membre ne saurait exciper de difficultés pratiques, administratives ou financières pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, en ce sens, arrêt Commission/Royaume-Uni, C-301/10, EU:C:2012:633, point 66 et jurisprudence citée). | 0 |
10,152 | 41. Further, according to established case-law, the freedom to choose the ways and means of ensuring that a directive is implemented does not affect the obligation imposed on all Member States to which the directive is addressed to adopt all the measures necessary to ensure that the directive concerned is fully effective in accordance with the objective which it pursues (Case C-268/06 Impact [2008] ECR I-2483, paragraph 40 and case-law cited) and to ensure, where the directive is intended to create rights for individuals, that they can, where appropriate, rely on them before the national courts (Case C-361/88 Commission v Germany [1991] ECR I‑2567, paragraph 15). | 69. Il y a lieu de constater que, en incitant les opérateurs économiques désirant commercialiser en Belgique des produits de construction légalement fabriqués et/ou commercialisés dans un autre État membre à obtenir des marques de conformité belges, le Royaume de Belgique a manqué aux obligations qui lui incombent en vertu des articles 28 CE et 30 CE.
Sur les dépens | 0 |
10,153 | 84. It follows from this that the mere fact that the appellant was encouraged by the intervention of a national regulatory authority such as RegTP to maintain the pricing practices which led to the margin squeeze of competitors who are at least as efficient as the appellant cannot, as such, in any way absolve the appellant from responsibility under Article 82 EC (see, to that effect, Case 123/83 Clair [1985] ECR 391, paragraphs 21 to 23). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,154 | 51. A system of undistorted competition, such as that provided for by the Treaty, can be guaranteed only if equality of opportunity is secured as between the various economic operators. To entrust a legal person such as ELPA, which itself organises and commercially exploits motorcycling events, the task of giving the competent administration its consent to applications for authorisation to organise such events, is tantamount de facto to conferring upon it the power to designate the persons authorised to organise those events and to set the conditions in which those events are organised, thereby placing that entity at an obvious advantage over its competitors (see, by analogy, Case C‑202/88 France v Commission [1991] ECR I-1223, paragraph 51, and Case C‑18/88 GB Inno BM [1991] ECR I‑5941, paragraph 25). Such a right may therefore lead the undertaking which possesses it to deny other operators access to the relevant market. That situation of unequal conditions of competition is also highlighted by the fact, confirmed at the hearing before the Court, that, when ELPA organises or participates in the organisation of motorcycling events, it is not required to obtain any consent in order that the competent administration grant it the required authorisation. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
10,155 | 22. It must also be noted that the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (judgment in Sysmex Europe , EU:C:2014:2097, paragraph 31 and the case-law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,156 | 69. It follows, in particular, that when the Commission has adduced sufficient evidence to show that the authorities of the defendant Member State have developed a repeated and persistent practice which is contrary to the provisions of a directive, it is incumbent on that Member State to challenge in substance and in detail the information produced and the consequences flowing therefrom ( Commission v Ireland , paragraph 47). | 115. None the less, here such a premium is paid to the right holders concerned in order to guarantee absolute territorial exclusivity which is such as to result in artificial price differences between the partitioned national markets. Such partitioning and such an artificial price difference to which it gives rise are irreconcilable with the fundamental aim of the Treaty, which is completion of the internal market. In those circumstances, that premium cannot be regarded as forming part of the appropriate remuneration which the right holders concerned must be ensured. | 0 |
10,157 | 36
Similarly, the special tax must be regarded as incompatible with Article 110 TFEU, since it presented identical characteristics to those of OUG No 50/2008, which are incompatible with that article (see, to that effect, judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 45). The tax on polluting emissions levied pursuant to Law No 9/2012, in the version applicable from 1 January 2013 to 15 March 2013, is also incompatible with Article 110 TFEU due to its detailed rules for levying that tax and due to the fact, inter alia, of having been levied only on second-hand domestic vehicles for which no taxes on the registration of vehicles previously in force in Romania had been paid (see, to that effect, judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraphs 47 to 50). | 60 The Commission adds that, apart from Enso Española v Commission, cited above, the cases to which the appellant refers do not concern the duration of the infringement, but rather the turnover taken into account by the Commission (Gruber + Weber v Commission and Mayr-Melnhof v Commission, cited above) or the fact that less serious participation in the infringement was combined with a shorter duration of the infringement (BPB de Eendracht v Commission, cited above). | 0 |
10,158 | 38. It should, however, be remembered that, in proceedings under Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court (see inter alia Case 36/79 Denkavit Futtermittel [1979] ECR 3439, paragraph 12; Case C-235/95 Dumon and Froment [1998] ECR I-4531, paragraph 25; and IKA , paragraph 27). In this case, as stated in paragraph 27 of this judgment, the national court has indicated that it provisionally accepts that both Mr van der Duin and Mrs van Wegberg-van Brederode went to the Netherlands to receive the treatment at issue in the main proceedings, which explains, moreover, why it considered it appropriate to ask the Court about the possible applicability of Article 22(1)(c) and (i) of Regulation No 1408/71 to such situations. | 12 THE COURT CANNOT , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY , SETTLE A DIFFERENCE OF THIS KIND WHICH , LIKE ANY OTHER ASSESSMENT OF THE FACTS INVOLVED , IS WITHIN THE PROVINCE OF THE NATIONAL COURT .
| 1 |
10,159 | 43
It is settled case-law that the statement of reasons required under Article 296 TFEU must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted that measure in such a way as to enable the persons concerned to ascertain the reasons for it and to enable the competent Court of the European Union to exercise its jurisdiction to review legality (judgment of 29 September 2011, Elf Aquitaine v Commission, C‑521/09 P, EU:C:2011:620, paragraph 147 and the case-law cited). | 53. Such requirements risk placing at a disadvantage primarily nationals of other Member States. Both the condition requiring an applicant for that assistance to be settled in the United Kingdom and that requiring him to have resided there prior to his studies are likely to be more easily satisfied by United Kingdom nationals. | 0 |
10,160 | 163
In that regard, according to the case-law, Article 63 TFEU requires a Member State which has a system for preventing economic double taxation as regards dividends paid to residents by other resident companies to accord equivalent treatment to dividends paid to residents by non-resident companies (see judgments of 10 February 2011, Haribo Lakritzen Hans Riegel and Österreichische Salinen, C‑436/08 and C‑437/08, EU:C:2011:61, paragraph 60, and 13 November 2012, Test Claimants in the FII Group Litigation, C‑35/11, EU:C:2012:707, paragraph 38). | 46. La Cour a déjà considéré qu’«un emploi régulier» suppose une situation stable et non précaire sur le marché du travail dudit État membre et implique, à ce titre, un droit de séjour non contesté (arrêt du 8 novembre 2012, Gülbahce, C‑268/11, point 39 et jurisprudence citée). | 0 |
10,161 | 51. In addition, the Court has already held that punishable acts consisting of exporting and of importing the same narcotic drugs and which are prosecuted in different Contracting States party to the CISA are, in principle, to be regarded as ‘the same acts’ for the purposes of Article 54 ( Van Esbroeck , paragraph 42). | 31. The directive thus gives two definitions of medicinal products, one ‘by virtue of their presentation’ and one ‘by virtue of their function’. A product is a medicinal product if it falls within either of those definitions (Case C‑60/89 Monteil and Samanni [1991] ECR I-1547, paragraphs 10 and 11). It is also settled case-law that those two definitions are to be broadly construed (see, to that effect, Case 35/85 Tissier [1986] ECR 1207, paragraph 26; Monteil and Samanni , paragraph 23, and Case C‑112/89 Upjohn [1991] ECR I-1703, paragraph 16). | 0 |
10,162 | 8. It must be borne in mind that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, inter alia , Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26, and Case C-173/01 Commission v Greece [2002] ECR I-6129, paragraph 7). | 55. Article 20 of Regulation No 2201/2003 cannot be interpreted in such a way that it disregards that fundamental right. | 0 |
10,163 | 74. It is apparent from the first recital in Directive 91/439 that the general principle of mutual recognition of driving licences issued by the Member States, laid down in Article 1(2) of that directive, was established in order, inter alia, to facilitate the movement of persons settling in a Member State other than that in which they have passed a driving test (Case C‑476/01 Kapper [2004] ECR I‑5205, paragraph 71; Wiedemann and Funk , paragraph 49; Zerche and Others , paragraph 46; and Case C‑1/07 Weber [2008] ECR I‑0000, paragraph 26). | 73. S’agissant de la force probante et de la force exécutoire dont bénéficie l’acte notarié, il ne saurait être contesté que celles-ci confèrent auxdits actes d’importants effets juridiques. Cependant, le fait qu’une activité donnée comporte l’établissement d’actes dotés de tels effets ne saurait suffire pour que cette activité soit considérée comme participant directement et spécifiquement à l’exercice de l’autorité publique au sens de l’article 45, premier alinéa, CE (arrêts précités du 24 mai 2011, Commission/Belgique, point 99; Commission/France, point 90; Commission/Luxembourg, point 100; Commission/Autriche, point 99; Commission/Allemagne, point 101, et Commission/Grèce, point 92). | 0 |
10,164 | 90. Even if judgments delivered under Article 258 TFEU were to have the same effects as those delivered under Article 267 TFEU and considerations of legal certainty might make it necessary, exceptionally, to limit their temporal effects provided that the conditions laid down by the Court’s case-law in the context of Article 267 TFEU are met (see, to that effect, Case C-178/05 Commission v Greece [2007] ECR I-4185, paragraph 67; Case C-239/06 Commission v Italy [2009] ECR I-11913, paragraph 59; Case C-284/05 Commission v Finland [2009] ECR I-11705, paragraph 58, Case C-387/05 Commission v Italy [2009] ECR I-11831, paragraph 59, and judgment of 29 September 2011 in Case C-82/10 Commission v Ireland , paragraph 63), it must be stated, in any event, that those conditions do not appear to have been satisfied in the present case. | 67. As to those submissions, even if judgments delivered under Article 226 EC were to have the same effects as those delivered under Article 234 EC and, therefore, considerations of legal certainty might make it necessary to limit their temporal effects (see Case C‑359/97 Commission v United Kingdom [2000] ECR I‑6355, paragraph 92) provided that the conditions laid down by the Court’s case-law in the context of Article 234 EC are met (see, in particular, Case C-402/03 Skov and Bilka [2006] ECR I‑199, paragraph 51), it need merely be stated that in the present case the Hellenic Republic is not justified in claiming that a risk of serious economic repercussions within the meaning of that case-law exists. | 1 |
10,165 | 179. Article 8 of the Directive, which inter alia implements the principle that preventive action should be taken, provides that the Member States have the task of ensuring that any holder of waste has it handled by a private or public waste collector or by an undertaking which carries out waste disposal and recovery operations, or recovers or disposes of it himself in accordance with the provisions of the Directive ( Lirussi and Bizzaro , cited above, paragraph 52). | 24. In a situation such as that at issue in the main proceedings, in which the alleged tort consists in the infringement of copyright or rights related to copyright by the placing of certain photographs online on a website without the photographer’s consent, the activation of the process for the technical display of the photographs on that website must be regarded as the causal event. The event giving rise to a possible infringement of copyright therefore lies in the actions of the owner of that site (see, by analogy, judgment in Wintersteiger , C‑523/10, EU:C:2012:220, paragraphs 34 and 35). | 0 |
10,166 | 63. It follows expressly from the first paragraph of Article 1(a) of Directive 89/48 that it is sufficient that the education and training were received ‘mainly in the Community’. It has already been held that that expression covers both education and training received entirely in the Member State which awarded the formal qualification in question and that received partly or wholly in another Member State (Case C‑102/02 Beuttenmüller [2004] ECR I‑5405, paragraph 41). | 28. That freedom of movement would be impeded if a national of a Contracting Party were to be placed at a disadvantage in his country of origin solely for having exercised his right of movement. | 0 |
10,167 | 77 The various grounds for refusal of registration listed in Article 3 of the Directive must be interpreted in the light of the public interest underlying each of them (see, to that effect, Windsurfing Chiemsee, paragraphs 25 to 27). | 34. Consequently, for the purposes of determining the existence of State aid, it is necessary to establish a sufficiently direct link between, on the one hand, the advantage given to the beneficiary and, on the other, a reduction of the State budget or a sufficiently concrete economic risk of burdens on that budget (see, to that effect, the judgment in Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others , C‑399/10 P and C‑401/10 P, EU:C:2013:175, paragraph 109). | 0 |
10,168 | 13 The Court has held that, by making the validity of a jurisdiction clause subject to the existence of an agreement between the parties, Article 17 of the Convention imposes on the court before which the matter is brought the duty of examining first whether the clause conferring jurisdiction upon it was in fact the subject of consensus between the parties, which must be clearly and precisely demonstrated, and that the purpose of the requirements as to form imposed by Article 17 is to ensure that consensus between the parties is in fact established (Case 24/76 Estasis Salotti v RÜWA [1976] ECR 1831, paragraph 7, Case 25/76 Segoura v Bonakdarian [1976] ECR 1851, paragraph 6, and Case C-106/95 MSG v Gravières Rhénanes [1997] ECR 1-911, paragraph 15). | 20. À cet égard, il résulte d’une jurisprudence constante de la Cour que la notion de «livraison de biens» visée aux articles 5, paragraphe 1, de la sixième directive et 14, paragraphe 1, de la directive 2006/112 ne se réfère pas au transfert de propriété dans les formes prévues par le droit national applicable, mais qu’elle inclut toute opération de transfert d’un bien corporel par une partie qui habilite l’autre partie à en disposer en fait comme si elle était le propriétaire de ce bien (voir arrêts du 14 juillet 2005, British American Tobacco et Newman Shipping, C‑435/03, Rec. p. I‑7077, point 35; Optigen e.a., précité, point 39; Halifax e.a., précité, point 51; du 3 juin 2010, De Fruytier, C‑237/09, Rec. p. I‑4985, point 24, et du 18 juillet 2013, Evita-K, C‑78/12, point 33). | 0 |
10,169 | 98. Nor is it open to the Court of Justice, when determining an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (see Case C‑219/95 P Ferriere Nord v Commission [1997] ECR I‑4411, paragraph 31, and Case C‑407/04 P Dalmine v Commission [2007] ECR I‑0000, paragraph 152). | 14 Although compensation such as that at issue in the main proceedings does not derive as such from the contract of employment, it is nevertheless paid by the employer by virtue of legislative provisions and under a contract of employment. Staff council members are necessarily employees of the undertaking and are entrusted with the task of safeguarding staff interests, thus promoting harmonious working relationships within the undertaking, which is in its interests. | 0 |
10,170 | 14 The Court has, moreover, noted in that regard that, since forms of transport may easily cross frontiers, it is difficult, if not impossible, to determine the place of their utilization and that in each case a practical criterion must therefore be laid down for charging VAT. Consequently, for the hiring out of all forms of transport, the Sixth Directive provided that the service should be deemed to be supplied not at the place where the goods hired out are used but, with a view to simplification and in conformity with the general rule, at the place where the supplier has established his business (Case 51/88 Hamann v Finanzamt Hamburg-Eimsbüttel [1989] ECR 767, paragraphs 17 and 18). | 69. A finding that there is such a risk does not presuppose that the areas covered by the international commitments and those covered by the EU rules coincide fully (see, to that effect, Opinion 1/03, EU:C:2006:81, paragraph 126). | 0 |
10,171 | 53. In that regard it must be observed, first, that it is for the national courts to uphold the rights of the persons concerned in the event of a possible breach by national authorities of the prohibition of putting aid into effect, to which the last sentence of Article 93(3) of the Treaty refers and which has direct effect (Fédération nationale du commerce extérieur des produits alimentaires et Syndicat national des négociants et transformateurs de saumon , paragraph 12, and Lornoy and Others , paragraph 30) and, second, that the Member State is in principle required to repay charges levied in breach of Community law (Joined Cases C-192/95 to C-218/95Comateb and Others [1997] ECR I-165, paragraph 20). | 28. En l’occurrence, le législateur italien a instauré, en application de l’article 52, paragraphe 1, de la directive 2004/18, un régime de certification effectué par des organismes privés, à savoir les SOA. Ces dernières sont des entreprises à but lucratif chargées de fournir des services de certification, l’obtention d’un certificat approprié étant une condition nécessaire de la participation, par les personnes intéressées, aux marchés de travaux publics dans des conditions régies par la réglementation nationale. | 0 |
10,172 | 32. In order to provide a useful answer to those questions, it should be recalled at the outset that, as regards the concept of an ‘extrajudicial document’ referred to in Article 16 of Regulation No 1348/2000, which was repealed and replaced by Regulation No 1393/2007, the Court has already held that it must be regarded as an autonomous concept of EU law (judgment in Roda Golf & Beach Resort , C‑14/08, EU:C:2009:395, paragraphs 49 and 50). As the Advocate General has also stated in point 46 of his Opinion, there is no reason for not interpreting by analogy the same concept of an ‘extrajudicial document’ as referred to in Article 16 of Regulation No 1393/2007. | 13 THE FACT THAT IN THIS CASE THE ACTION PENDING BEFORE THE NATIONAL COURT DOES NOT CONCERN THE ACTUAL REMOVAL OF THE WRECK BUT THE COSTS INVOLVED IN THAT REMOVAL AND THAT THE NETHERLANDS STATE IS SEEKING TO RECOVER THOSE COSTS BY MEANS OF A CLAIM FOR REDRESS AND NOT BY ADMINISTRATIVE PROCESS AS PROVIDED FOR BY THE NATIONAL LAW OF OTHER MEMBER STATES CANNOT BE SUFFICIENT TO BRING THE MATTER IN DISPUTE WITHIN THE AMBIT OF THE BRUSSELS CONVENTION .
| 0 |
10,173 | 28. It follows from that settled case-law of the Court that it is not possible to uphold SEPA’s argument, shared by the Austrian Government, according to which the penalty laid down in point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 becomes inapplicable because of the mere fact that the exporter acted in good faith and gave an exact description of the nature and origin of the goods at issue in his export declarations. Unlike point (b) of the first subparagraph of Article 11(1) of Regulation No 3665/87, point (a) of that provision applies, inter alia, in cases where the exporter, on the basis of the nature and origin of the goods, considered and satisfied himself that those goods were of a sound and fair marketable quality, and where it appeared at a later stage that that information was incorrect (see, by analogy, SGS Belgium and Others , paragraphs 57 to 59). | 23. To that end, the colour must satisfy three conditions. First, it must be a sign. Secondly, that sign must be capable of graphic representation. Thirdly, the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. | 0 |
10,174 | 9 It must be pointed out that, as the Court has consistently held, an action for annulment is available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects (Case 22/70 Commission v Council [1971] ECR 263, paragraph 42). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,175 | 94. In any event, since a Member State must set out in detail the reasons why, in the event of elimination of the contested measures, the performance, under economically acceptable conditions, of the tasks of general economic interest which it has entrusted to an undertaking would, in its view, be jeopardised (Case C‑463/00 Commission v Spain , paragraph 82), the Portuguese Republic has given no explanation whatsoever as to why that is the case here. | 93. It follows that the inclusion in the label of a neutral and objective statement informing consumers of the presence in the product of vegetable fats other than cocoa butter would be sufficient to ensure that consumers are given correct information. | 0 |
10,176 | 17. In that regard, Article 3 of the Regulation makes provision for two types of insolvency proceedings. Insolvency proceedings opened, in accordance with Article 3(1), by the competent court of the Member State within the territory of which the centre of a debtor’s main interests is situated, described as the ‘main proceedings’, produce universal effects in that the proceedings apply to the debtor’s assets situated in all the Member States in which the Regulation applies. Although proceedings under Article 3(2) may be opened by the competent court of the Member State where the debtor has an establishment, those proceedings, described as ‘secondary proceedings’ or ‘territorial proceedings’, produce effects which are restricted to the assets of the debtor situated in the territory of the latter State (see, to that effect, Case C-341/04 Eurofood IFSC [2006] ECR I-3813, paragraph 28, and Case C‑444/07 MG Probud Gdynia [2010] ECR I‑417, paragraph 22). | 55. It must therefore be acknowledged that there is, in Community trade-mark law, a public interest in not unduly restricting the availability of colours for the other operators who offer for sale goods or services of the same type as those in respect of which registration is sought. | 0 |
10,177 | 32. In that context, the Verwaltungsgerichtshof Baden-Württemberg decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:
‘1. On Articles 2, 3 and 7 of [Directive 2004/38]:
(a) Does “family member” include, in particular in the light of Articles 7 and 24 of the [Charter of Fundamental Rights (“the Charter”)] and Article 8 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, “the ECHR”)], on an extended interpretation of Article 2(2)(d) of Directive 2004/38, a parent who is a third-country national, has parental responsibility for a child who is a Union citizen entitled to freedom of movement, and is not maintained by that child?
(b) If so, does Directive 2004/38 apply to that parent, in particular in the light of Articles 7 and 24 of the Charter and Article 8 of the ECHR, on an extended interpretation of Article 3(1) of the directive, even where there is no “accompanying” or “joining” with respect to the Member State of origin of the child who is a Union citizen and has moved away?
(c) If so, does it follow that that parent, in particular in the light of Articles 7 and 24 of the Charter and Article 8 of the ECHR, has a right of residence for more than three months in the Member State of origin of the child who is a Union citizen, on an extended interpretation of Article 7(2) of Directive 2004/38, at least as long as parental responsibility subsists and is actually exercised?
2. On Article 6(1) TEU in conjunction with the Charter:
(a) (i) Is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter simply where the subject‑matter of the dispute depends on a national law (or part of a law) which inter alia – but not only – transposed directives?
(ii) If not, is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter simply because the claimant is possibly entitled to a right of residence under Union law and could accordingly, under the first sentence of Paragraph 5(2) of the FreizügG/EU, claim a residence card for a family member of a Union citizen which has its legal basis in the first sentence of Article 10(1) of [Directive 2004/38]?
(iii) If not, is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter, in accordance with the case‑law deriving from Case C‑260/89 ERT [1991] ECR I‑2925, paragraphs 41 to 45, where a Member State restricts the right of residence of the father who is a third-country national with parental responsibility for a Union citizen who is a minor and resides predominantly with her mother in another Member State of the Union because of the mother’s employment?
(b) (i) If the Charter is applicable, can a right of residence under European Union law for the father who is a third-country national be derived directly from Article 24(3) of the Charter, at least as long as he has and actually exercises parental responsibility for his child who is a Union citizen, even if the child resides predominantly in another Member State of the Union?
(ii) If not, does it follow from the freedom of movement of the child who is a Union citizen under Article 45(1) of the Charter, possibly in conjunction with Article 24(3) of the Charter, that the father who is a third-country national has a right of residence under European Union law, at least as long as he has and actually exercises parental responsibility for his child who is a Union citizen, so that in particular the freedom of movement of the child who is a Union citizen is not deprived of all practical effect?
3. On Article 6(3) TEU in conjunction with the general principles of European Union law:
(a) Can the “unwritten” fundamental rights of the European Union developed in the Court’s case‑law from Case 29/69 Stauder [1969] ECR 419, paragraph 7, up to, for example, Case C‑144/04 Mangold [2005] ECR I‑9981, paragraph 75, be applied in full even if the Charter is not applicable in the specific case; in other words, do the fundamental rights which continue to apply as general principles of Union law under Article 6(3) TEU stand autonomously and independently alongside the new fundamental rights laid down in the Charter in accordance with Article 6(1) TEU?
(b) If so, can a right of residence under European Union law for the purpose of the effective exercise of parental responsibility be inferred from the general principles of Union law, in particular in the light of the right to respect for family life under Article 8 of the ECHR, for a father, who is a third-country national, of a Union citizen who is a minor and resides predominantly in another EU Member State with her mother on account of the latter’s occupation?
4. On Article 21(1) TFEU in conjunction with Article 8 of the ECHR:
If Article 6(1) or (3) TEU does not lead to a right of residence under European Union law for the claimant, can, in accordance with Case C‑200/02 Zhu and Chen [2004] ECR I‑9925, paragraphs 45 to 47, a right of residence under European Union law for the purpose of the effective exercise of parental responsibility be inferred, under Article 21(1) TFEU, possibly in the light of Article 8 of the ECHR, from the freedom of movement enjoyed by a Union citizen who is a minor and resides predominantly in another EU Member State with her mother on account of the latter’s occupation, for the father, who is a third-country national, in the Member State of origin of the child who is a Union citizen?
5. On Article 10 of [Directive 2004/38]:
If a right of residence under European Union law is taken to exist, is a parent who is a third-country national in the claimant’s situation entitled to the issue of a “residence card for a family member of a Union citizen”, possibly in accordance with the first sentence of Article 10(1) of the directive?’ | 10 Accordingly, the question whether the objection of inadmissibility is well founded must be determined together with the substantive issues raised by the dispute.
Substance | 0 |
10,178 | 55. In the light of the principles extracted by the Court in paragraph 48 of the judgment in Centro di Musicologia Walter Stauffer , before granting a tax exemption to a body established and recognised as having charitable status in another Member State, a Member State is authorised to apply measures enabling it to ascertain in a clear and precise manner whether the body meets the conditions imposed by national law in order to be entitled to the exemption and to monitor its effective management, for example, by requiring the submission of annual accounts and an activity report. Any administrative disadvantages arising from the fact that such bodies may be established in another Member State are not sufficient to justify a refusal on the part of the authorities of the State concerned to grant such bodies the same tax exemptions as are granted to national bodies of the same kind. | À cet égard, et contrairement à ce que soutient la requérante, la notion de « soutien logistique », au sens de la décision
2010/413 et du règlement n° 267/2012, est suffisamment explicite pour permettre de comprendre la raison pour laquelle le Conseil
considère que les activités de la requérante relèvent d’une telle notion. En effet, IOEC ne pouvait raisonnablement ignorer
que le Conseil visait particulièrement, comme le relève à juste titre le Tribunal au point 53 de l’arrêt attaqué, les activités
de la requérante qui sont censées permettre au gouvernement iranien de répondre à des besoins logistiques déterminés dans
le secteur du pétrole et du gaz. La seule circonstance que, dans l’arrêt attaqué, le Tribunal a défini ce qu’il convient d’entendre
par « appui logistique » ne suffit pas à démontrer que cette expression était au préalable insuffisamment déterminée. | 0 |
10,179 | 68
In those circumstances, it should also be recalled that, as is clear from settled case-law, wherever the provisions of a directive appear, as far as their subject matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by individuals as against the Member State, particularly in its capacity as an employer. Moreover, the Court has previously held that that case-law can be applied to agreements which, like the framework agreements on parental leave, are the product of a dialogue between management and labour at EU level and have been implemented, in accordance with their legal basis, by a directive of the Council, of which they are thus an integral component (see, to that effect, judgment of 22 April 2010, Zentralbetriebsrat der Landeskrankenhäuser Tirols, C‑486/08, EU:C:2010:215, paragraphs 22 and 23). | 25. Il y a lieu de relever, à titre liminaire, qu’il n’appartient pas à la Cour de qualifier concrètement l’opération en cause au principal, une telle qualification relevant de la seule compétence du juge national. Le rôle de la Cour se cantonne à fournir à ce dernier une interprétation du droit de l’Union utile pour la décision qu’il lui revient de prendre dans le litige dont il est saisi (voir, notamment, arrêts Privater Rettungsdienst und Krankentransport Stadler, C-274/09, EU:C:2011:130, point 36, ainsi que Norma-A et Dekom, C-348/10, EU:C:2011:721, point 57). | 0 |
10,180 | 27. As is confirmed by the second subparagraph of Article 22(2) of Regulation No 1408/71, the sole purpose of Article 22(1)(c)(i) of that regulation is to confer on the insured person granted authorisation by the competent institution the right to have access to ‘treatment’ in another Member State on conditions for reimbursement as favourable as those enjoyed by patients covered by the legislation of that other State (see Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraph 32; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 21; and Case C‑372/04 Watts [2006] ECR I-0000, paragraph 135). | 24. If follows that, by regulating the situations in which a given work is put to multiple use, the European Union legislature intended that each transmission or retransmission of a work which uses a specific technical means must, as a rule, be individually authorised by the author of the work in question. | 0 |
10,181 | 52 That interpretation is, furthermore, confirmed by the objective of Decision No 1/80 which, according to the third recital in its preamble, seeks to improve, in the social field, the treatment accorded to workers and members of their families in relation to the arrangements introduced by Decision No 2/76 which the Council of Association set up by the Agreement establishing an Association between the European Economic Community and Turkey adopted on 20 December 1976. The provisions of Section 1 of Chapter II of Decision No 1/80, of which Article 6 forms part, thus constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the Treaty (see Bozkurt, paragraphs 14, 19 and 20, Tetik, paragraph 20, Günaydin, paragraphs 20 and 21, and Ertanir, paragraphs 20 and 21). | 73 Safeguarding the interests of innovative firms is precisely the aim of granting them a period of protection for their data of 6 or 10 years from the date of the first marketing authorisation obtained in the Community for a particular product. | 0 |
10,182 | 16 Consequently, the amount of the benefit supplement for orphans must be calculated by comparing all the benefits intended for the maintenance of the orphan in question, actually provided in the Member State of residence, with all the benefits intended for the maintenance of the said orphan which he would be entitled to if resident in the other Member State (see Case C-188/90, paragraph 17). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,183 | 33
According to settled case-law, that is the position not only where tax evasion has been carried out by the taxable person himself but also where a taxable person knew, or should have known, that, by the transaction concerned, he was participating in a transaction involving evasion of VAT carried out by the supplier or by another trader acting upstream or downstream in the supply chain (see, regarding the right of deduction, judgment of 6 December 2012, Bonik, C‑285/11, EU:C:2012:774, paragraphs 38 to 40, regarding the right of exemption for an intra-Community supply, judgment of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 54, and, regarding VAT reimbursement, judgment of 18 December 2014, Schoenimport Italmoda Mariano Previti and Others, C‑131/13, C‑163/13 and C‑164/13, EU:C:2014:2455, paragraphs 49 and 50). | 31 However, Article 5(2) of the directive constitutes an exception to the obligation to achieve the result set out by the directive and must, therefore, as the Commission was right to point out, be strictly interpreted. In particular, the weather conditions relied upon must be abnormal and the deviations from the values set must be the result of such conditions. | 0 |
10,184 | 31. As regards the applicability of Article 12 EC, which lays down a general prohibition of all discrimination on grounds of nationality, it should be noted that that provision applies independently only to situations governed by European Union law for which the Treaty lays down no specific rules of non-discrimination (see, inter alia, Joined Cases C‑397/98 and C‑410/98 Metallgesellschaft and Others [2001] ECR I‑1727, paragraphs 38 and 39; Case C‑443/06 Hollmann [2007] ECR I‑8491, paragraphs 28 and 29; and Case C‑105/07 Lammers & Van Cleeff [2008] ECR I‑173, paragraph 14). | 42 But, contrary to the submissions of UCM and the Luxembourg Government, it is clear that reimbursement of the costs of dental treatment provided in other Member States in accordance with the tariff of the State of insurance has no significant effect on the financing of the social security system. | 0 |
10,185 | 32
An industrial process differs from an artisanal process in the means of production used and, consequently, in the quantities produced. The Court has thus held that an industrial process is characterised in general by a succession of operations, which may, in particular, be mechanical or chemical, in order to obtain a significant quantity of a standardised product (judgment of 16 July 2015, Abcur, C‑544/13 and C‑545/13, EU:C:2015:481, paragraph 50). | 106. Cette procédure, à laquelle il ne peut être recouru que dans des circonstances limitativement mentionnées par ladite directive, revêt, par rapport aux procédures ouverte et restreinte, un caractère exceptionnel (voir par analogie, s’agissant des directives 93/36 et 93/37, arrêt du 13 janvier 2005, Commission/Espagne, C‑84/03, Rec. p. I‑139, point 47). En effet, elle reconnaît aux pouvoirs adjudicateurs une marge d’appréciation plus grande que dans le cadre de ces deux dernières procédures. | 0 |
10,186 | 16. Consequently, when questions submitted by national courts concern the interpretation of a provision of EU law, the Court is, in principle, obliged to give a ruling (Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraph 15; Case C‑203/09 Volvo Car Germany [2010] ECR I‑10721, paragraph 24; and Agafiţei and Others , paragraph 26). | 46
Accordingly, when they set out detailed procedural rules for legal actions intended to ensure the protection of rights conferred by Directives 89/665 and 92/13 on candidates and tenderers harmed by the decisions of contracting authorities, the Member States must ensure compliance with the right to an effective remedy and to a fair hearing, enshrined in Article 47 of the Charter. | 0 |
10,187 | 25 Second, as the Court has consistently held, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon before the national courts by individuals against the State where the latter has failed to implement the directive in domestic law by the end of the period prescribed or where it has failed to implement the directive correctly (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 25; Case 103/88 Fratelli Costanzo [1989] ECR 1839, paragraph 29; and Case C-319/97 Kortas [1999] ECR I-3143, paragraph 21). | 29 In its judgments of 19 January 1982 in Case 8/81 Becker v Finanzamt Muenster-Innenstadt (( 1982 )) ECR 53, at p . 71 and 26 February 1986 in Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (( 1986 ) ECR 723, at p . 748 ) the Court held that wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State has failed to implement the directive in national law by the end of the period prescribed or where it has failed to implement the Directive correctly . | 1 |
10,188 | 50
In that regard, the Court has already held that information, before concluding a contract, on the terms of the contract and the consequences of concluding it is of fundamental importance for a consumer. It is on the basis of that information in particular that the consumer decides whether he wishes to be bound by the terms previously drawn up by the seller or supplier (judgment of 21 March 2013, RWE Vertrieb, C‑92/11, EU:C:2013:180, paragraph 44). | 44. Information, before concluding a contract, on the terms of the contract and the consequences of concluding it is of fundamental importance for a consumer. It is on the basis of that information in particular that he decides whether he wishes to be bound by the terms previously drawn up by the seller or supplier. | 1 |
10,189 | 58. In that regard, in accordance with the Court’s settled case-law, when the amount of the fine is determined, there cannot, by the application of different methods of calculation, be any discrimination between the undertakings which have participated in an agreement or a concerted practice contrary to Article 81(1) EC (see, to that effect, Case C-280/98 P Weig v Commission [2000] ECR I-9757, paragraphs 63 to 68, and Case C-291/98 P Sarrió v Commission [2000] ECR I-9991, paragraphs 97 to 100). | 47. Under Article 17(b) of that regulation the Commission is responsible for drawing up, in concert with the Member States, a glossary mentioning the acts which may be served. That glossary states, in its introduction, that the information thereby communicated by the Member States is for reference only. Its content shows however that the Member States, under the supervision of the Commission, have defined in different ways the documents which they consider may be served under that regulation. However, in spite of the existence of the glossary, the fact remains that the concept of ‘extrajudicial document’, within the meaning of Article 16 of Regulation No 1348/2000, must be regarded as a Community law concept. | 0 |
10,190 | 66. As regards Article 110 of the VAT Directive, it must be recalled that, as is clear from the wording of that provision, the possibility open to Member States of applying reduced rates lower than the minimum laid down in Article 99 of the VAT Directive is conditional on four cumulative conditions being met, one of which is that the reduced rates must be in accordance with EU legislation (judgment in Commission v France , C‑596/10, EU:C:2012:130, paragraph 75). | 87. Since the Commission is required to prove the alleged infringement, by providing the Court with the information necessary for it to determine whether the infringement is made out, and may not rely on any presumption (see, inter alia, Commission v United Kingdom , cited above, paragraph 31), the Commission's fourth complaint must be rejected.
The existence of implied refusals for which reasons are not given
Arguments of the parties | 0 |
10,191 | 35 In Van der Stijl and Cullington v Commission, cited above, which concerned the requirement of correspondence between a vacancy notice and a notice of open competition, the Court held, in paragraph 52, that if the institutions were able to amend the conditions of participation from one stage of the procedure to another, in particular by making them less strict, Article 29 of the Staff Regulations would be deprived of its effect in that the institutions would, in fact, be at liberty to organise external recruitment procedures without having to consider internal candidates. | 57
It follows that, as DEI argues, the case-law settled by the judgments of 4 December 2013, Commission v Council (C‑121/10, EU:C:2013:784, paragraph 59); and of 4 December 2013, Commission v Council (C‑111/10, EU:C:2013:785, paragraph 58), according to which extension of the existing aid scheme creates new aid, follows the same logic as the judgments of 9 August 1994, Namur-Les assurances du crédit (C‑44/93, EU:C:1994:311); and of 20 May 2010, Todaro Nunziatina & C. (C‑138/09, EU:C:2010:291). It must, moreover, be emphasised that, in those judgments of 4 December 2013, the Court expressly referred to paragraphs 46 and 47 of the latter judgment. | 0 |
10,192 | 19. The Court has already had occasion to point out that the prohibition under Article 10(c) of the directive is in addition to those set out in Article 10(a) and (b) of that directive, which refers to the scenarios described in Article 4 of the directive (see, to that effect, Case C-152/97 AGAS [1998] ECR I-6553, paragraph 21). That prohibition is justified by the fact that, even though the taxes in question are not imposed on capital contributions as such, they are nevertheless imposed on account of formalities connected with the company’s legal form, in other words on account of the instrument employed for raising capital, so that their continued existence would similarly risk frustrating the aims of the directive (Case C-2/94 Denkavit Internationaal and Others [1996] ECR I-2827, paragraph 23, and AGAS , paragraph 21). | 123. En ce qui concerne plus particulièrement la liberté d’exercer une activité économique, la Cour a jugé notamment que, eu égard au libellé de l’article 16 de la Charte, qui se distingue de celui des autres libertés fondamentales consacrées au titre II de celle-ci tout en étant proche de celui de certaines dispositions du titre IV de cette même Charte, cette liberté peut être soumise à un large éventail d’interventions de la puissance publique susceptibles d’établir, dans l’intérêt général, des limitations à l’exercice de l’activité économique (voir arrêt du 22 janvier 2013, Sky Österreich, C‑283/11, point 46). | 0 |
10,193 | 11. Il y a lieu d’ajouter que, selon une jurisprudence constante, un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier le non-respect des obligations et délais prescrits par une directive (voir, notamment, arrêts du 7 novembre 2002, Commission/Espagne, C-352/01, Rec. p. I‑10263, point 8; du 11 septembre 2003, Commission/Italie, C-22/02, Rec. p. I‑9011, point 9, et du 8 novembre 2007, Commission/Italie, C-40/07, point 12). | 8 Additionally, it is settled case-law that a Member State may not rely on provisions, practices or circumstances in its own legal order to justify failure to implement a directive within the prescribed period (see, in particular, Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 20). | 1 |
10,194 | 37. En revanche, la Cour a jugé, dans une affaire mettant en cause des gardes effectuées par des médecins appartenant à des équipes de premiers soins, qu’il en va différemment de la situation dans laquelle les médecins effectuent les gardes selon le système qui veut qu’ils soient accessibles en permanence sans pour autant être obligés d’être présents dans l’établissement de santé. Même s’ils sont à la disposition de leur employeur dans la mesure où ils doivent pouvoir être joints, dans cette situation, les médecins peuvent gérer leur temps avec moins de contraintes et se consacrer à leurs propres intérêts. Dans ces conditions, seul le temps lié à la prestation effective de services de premiers soins doit être considéré comme du temps de travail au sens de la directive 2003/88 (arrêt Simap, C‑303/98, EU:C:2000:528, point 50). | 72 Accordingly, by contrast with the benefits provided by organisations charged with the management of compulsory social security schemes of the kind referred to in Poucet and Pistre, cited above, the amount of the benefits provided by the Fund depends on the financial results of the investments made by it, in respect of which it is subject, like an insurance company, to supervision by the Insurance Board. | 0 |
10,195 | 20. The Court has already held that " social advantages" should be understood to mean all those advantages which, whether or not linked to a contract of employment, are generally granted to national workers because of their objective status as workers or by virtue of the mere fact of their residence on the national territory and the extension of which to workers who are nationals of other Member States therefore seems likely to facilitate their mobility within the Community (Case 207/78 Ministère Public v Even [1979] ECR 2019, paragraph 22, and Case C-310/91 Schmid v Belgian State [1993] ECR I-3011, paragraph 18). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,196 | 24. In that regard, it should be stated that Ritrama seeks to challenge Folien Fischer’s and Fofitec’s interest in pursuing the action in the proceedings before the referring court and contests the relevance of the question referred. However, as the Court has held, the national court alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law (see Case C-11/07 Eckelkamp and Others [2008] ECR I-6845, paragraph 32, and Joined Cases C-165/09 to C-167/09 Stichting Natuur en Milieu and Others [2011] ECR I-4599, paragraph 47). | 29 As regards the comparative nature of advertising within the meaning of Directive 84/450 as amended, it is apparent from Article 2(2a) that the test is that comparative advertising identifies, explicitly or by implication, a competitor or goods or services offered by a competitor. | 0 |
10,197 | 45. The Court has consistently held that Article 1(2) of Directive 91/439 provides for mutual recognition, without any formality, of driving licences issued by Member States ( Skanavi and Chryssanthakopoulos , cited above, paragraph 26, and Awoyemi , cited above, paragraph 41). That provision imposes on Member States a clear and precise obligation, which leaves no room for discretion as to the measures to be adopted in order to comply with it ( Awoyemi , paragraph 42, and Case C-246/00 Commission v Netherlands [2003] ECR I‑7485, paragraph 61). | Toutefois, la motivation d’un arrêt du Tribunal doit faire apparaître de façon claire et non équivoque le raisonnement de
celui-ci, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer
son contrôle juridictionnel (arrêt Mitteldeutsche Flughafen et Flughafen Leipzig-Halle/Commission, C‑288/11 P, EU:C:2012:821,
point 83 et jurisprudence citée). | 0 |
10,198 | 65. Accordingly, where it is apparent that they are contrary to the wording of the headings of the CN and the section or chapter notes, the Explanatory Notes to the CN must be disregarded (see Case C-229/06 Sunshine Deutschland Handelsgesellschaft [2007] ECR I-3251, paragraph 31; Case C‑312/07 JVC France [2008] ECR I-4165, paragraph 34; and Kamino International Logistics , paragraphs 49 and 50). | 23. Assets attributed to permanent establishments which are situated in a Member State other than the Kingdom of Belgium and the income from which is not taxable in Belgium are not taken into account when calculating the risk capital serving as a basis for calculation of the deduction at issue in the main proceedings, whereas assets attributed to permanent establishments situated in Belgium are taken into account for that purpose. | 0 |
10,199 | 24
Moreover, the Court has also held that, since registration of a mark is always sought in respect of the goods or services described in the application for registration, the question whether or not any of the grounds for refusal set out in Article 3 of Directive 2008/95 apply to the mark must be assessed, on the one hand, by reference to those goods or services and, on the other hand, by reference to the perception which the relevant public has of those goods or services. That assessment must be carried out in concreto, taking into consideration all the relevant facts and circumstances (see, to that effect, judgments of 8 April 2003, Linde and Others, C‑53/01 to C‑55/01, EU:C:2003:206, paragraph 75, and of 12 February 2004, Koninklijke KPN Nederland, C‑363/99, EU:C:2004:86, paragraphs 33 and 34). | 72. However, while a residence requirement is, in principle, appropriate for the purpose of ensuring such a connection, if it is to be proportionate it cannot go beyond what is necessary in order to attain that objective. More specifically, its application by the national authorities must rest on clear criteria known in advance and provision must be made for the possibility of a means of redress of a judicial nature. In any event, if compliance with the requirement demands a period of residence, the period must not exceed what is necessary in order for the national authorities to be able to satisfy themselves that the person concerned is genuinely seeking work in the employment market of the host Member State. | 0 |
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