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10,200 | 44. Consequently, where the question submitted by the national court concerns the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling ( Lourenço Dias , paragraph 16; Case C-415/93 Bosman [1995] ECR I-4921, paragraph 59; Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38, and Canal Satélite Digital , cited above, paragraph 18). | 20 A leg to which a piece of back remains attached must therefore be described as a leg, within the meaning of tariff subheadings 02.02 B II e) 3 of the old nomenclature and 0207 41 51 000 of the new, if that piece of back is not sufficiently large to give the product its essential character. | 0 |
10,201 | 33. Depending on the circumstances, those appropriate measures may consist in requiring all the Member States to authorise the marketing of the product or products concerned, subjecting such an obligation of authorisation to certain conditions, or even provisionally or definitively prohibiting the marketing of a product or products ( Arnold André , paragraph 35, and Swedish Match , paragraph 34). | 32. Enfin, il convient de rappeler que, dans le système établi par l’article 258 TFUE, la Commission dispose d’un pouvoir discrétionnaire pour intenter un recours en manquement et qu’il n’appartient pas à la Cour d’apprécier l’opportunité de son exercice (voir, notamment, arrêts du 6 juillet 2000, Commission/Belgique, C‑236/99, Rec. p. I‑5657, point 28, et du 14 mai 2002, Commission/Allemagne, C‑383/00, Rec. p. I‑4219, point 19). | 0 |
10,202 | 31. That provision lays down two conditions for the exclusion of a project from the scope of Directive 85/337. The first requires the details of the project to be adopted by a specific act of legislation. Under the second, the objectives of the directive, including that of supplying information, must be achieved through the legislative process (see Case C‑435/97 WWF and Others [1999] ECR I‑5613, paragraph 57, and Boxus and Others , paragraph 37). | 57 That provision accordingly exempts projects envisaged by the Directive from the assessment procedure subject to two conditions. The first requires the details of the project to be adopted by a specific legislative act; under the second, the objectives of the Directive, including that of supplying information, must be achieved through the legislative process. | 1 |
10,203 | 35. Under that provision, it is effectively left to the discretion of the Member States to rely to that end on one or more of the measures listed in that clause, or even on existing equivalent legal measures, while taking account of the needs of specific sectors and/or categories of workers ( Impact , paragraph 71). | 34 In the first place, this case has to be distinguished from the Deufil case. That case was essentially concerned with the question whether the discipline at issue could embody a derogation from the rules of the Treaty, whereas the question arising in this case is whether such a discipline is capable of having binding effects. Consequently, the Court' s reasoning in Deufil cannot be transposed to this case. | 0 |
10,204 | 156. As a preliminary point, it must be borne in mind that the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it (see, inter alia , Case 137/85 Maizena [1987] ECR 4587, paragraph 15; and Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 122). | 17 AS REGARDS THE PURPOSE OF THE EXEMPTIONS PROVIDED FOR BY ARTICLE 13 , IT SHOULD BE OBSERVED THAT THAT PROVISION DOES NOT MENTION EVERY ACTIVITY PERFORMED IN THE PUBLIC INTEREST BUT ONLY CERTAIN ACTIVITIES , WHICH ARE LISTED AND DESCRIBED IN GREAT DETAIL . IN THAT REGARD THE PREAMBLE TO THE DIRECTIVE MERELY STATES THAT ' A COMMON LIST OF EXEMPTIONS SHOULD BE DRAWN UP SO THAT THE COMMUNITIES ' OWN RESOURCES MAY BE COLLECTED IN A UNIFORM MANNER IN ALL THE MEMBER STATES ' AND DOES NOT EXPLAIN WHY THE ACTIVITIES LISTED WERE CHOSEN . THE COMMISSION HAS OBSERVED THAT THE FEDERAL REPUBLIC OF GERMANY IS ALONE IN EXEMPTING THE SUPPLY OF SERVICES BY TRANSPORT UNDERTAKINGS TO THE POSTAL AUTHORITY .
| 0 |
10,205 | 27. The Court has already held in Case 46/86 Romkes [1987] ECR 2671, paragraph 17, and confirmed in a series of judgments delivered in 1992, that the requirement of relative stability must be understood as meaning that each Member State is to retain a fixed percentage when fishing opportunities are distributed. The Court added that the distribution formula originally laid down taking account of the quantities taken on average by the fleets of the various Member States during the period from 1973 to 1978 will continue to apply as long as an amending regulation has not been adopted according to the procedure which was followed for Regulation No 170/83 (see, inter alia, Romkes , paragraph 6; Case C‑70/90 Spain v Council [1992] ECR I‑5159, paragraph 15; Case C‑71/90 Spain v Council [1992] ECR I‑5175, paragraph 15; and C‑73/90 Spain v Council [1992] ECR I‑5191, paragraph 28). | 19. En outre, selon la jurisprudence de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé, et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9, et du 27 septembre 2007, Commission/République tchèque, C‑115/07, point 9). | 0 |
10,206 | 32 It must be noted that the Court ruled in paragraph 28 of Océano Grupo Editorial and Salvat Editores that the court's power to determine of its own motion whether a term is unfair constitutes a means both of achieving the result sought by Article 6 of the Directive, namely preventing an individual consumer from being bound by an unfair term, and of contributing to achieving the aim of Article 7, since if the court undertakes such an examination, that may act as a deterrent and contribute to preventing unfair terms in contracts concluded between consumers and sellers or suppliers. | 17 Moreover, Mr Kremzow was sentenced for murder and for illegal possession of a firearm under provisions of national law which were not designed to secure compliance with rules of Community law (see, in particular, Case C-144/95 Maurin [1996] ECR I-2909, paragraph 12). | 0 |
10,207 | 19
As to the ‘total amount of refunds’, which, pursuant to Article 33(1)(d) of Regulation No 2038/1999, constitutes part of the numerator of the ratio making it possible to calculate average loss, this must bear a direct relationship with the costs for the Community’s budget related to the disposal of product surpluses in the sugar sector and must, consequently, be based on the taking into account of the amount of export refunds paid to ensure the disposal of the quantities of product which have been subject to export obligations (see, to that effect, judgment of 27 September 2012, Zuckerfabrik Jülich and Others, C‑113/10, C‑147/10 and C‑234/10, EU:C:2012:591, paragraphs 48 and 49). | 5 As a preliminary matter it should be pointed out that the activities of a tourist guide from a Member State other than Greece who accompanies tourists on an organized tour from that other Member State to Greece may be subject to two distinct sets of legal rules. A tour company established in another Member State may itself employ guides. In that case it is the tour company that provides the service to tourists through its own guides. A tour company may also engage self-employed tourist guides established in that other Member State. In that case, the service is provided by the guide to the tour company. | 0 |
10,208 | 37. It is therefore for the national courts and judicial authorities to refuse the right of deduction, if it is shown, in the light of objective factors, that that right is being relied on for fraudulent or abusive ends (see Fini H , paragraph 34; Kittel and Recolta Recycling , paragraph 55; and Mahagében and Dávid , paragraph 42). | 14 Those sandals and shoes may thus be assimilated to mass-produced inner soles or to mass-produced footwear the soles of which support the arch, which are articles not falling within Chapter 90. | 0 |
10,209 | 46. Moreover, in proceedings under Article 234 EC, which are based on a clear separation of functions between the national courts and tribunals and the Court of Justice, any assessment of the facts in the case is a matter for the national court or tribunal. In particular, the Court is empowered to rule only on the interpretation or the validity of Community acts on the basis of the facts placed before it by the national court or tribunal. It is for the national court or tribunal to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see, in particular, Case C‑491/06 Danske Svineproducenter [2008] ECR I‑3339, paragraph 23 and case-law cited). | 15 SINCE THE DRAFT LAW WAS ADOPTED ON 8 OCTOBER 1984 THE COMMISSION HAS WITHDRAWN ITS COMPLAINT IN THE COURSE OF THE ORAL PROCEDURE .
( C ) SECRET TENDER EQUAL TO OR CLOSEST TO THE AVERAGE TENDER | 0 |
10,210 | 20. It is to be noted at the outset that management services provided by a third-party manager fall, in principle, within the scope of Article 13B(d)(6) of the Sixth Directive, since the management of special investment funds that is referred to in Article 13B(d)(6) is defined according to the nature of the services provided and not according to the person supplying or receiving the service (see, to this effect, Case C‑169/04 Abbey National [2006] ECR I‑4027, paragraphs 66 to 69). | 56. The Commission’s argument cannot be upheld. | 0 |
10,211 | 30. It should be recalled that, according to the Court’s case-law, the transfer of an economic activity from a legal person governed by private law to a legal person governed by public law is in principle within the scope of Directive 77/187. Only the reorganisation of structures of the public administration or the transfer of administrative functions between public administrative authorities is excluded from that scope (Case C-298/94 Henke [1996] ECR I-4989, paragraph 14, and Mayeur , paragraphs 29 to 34). | 16
National courts may refer a question to the Court if there is a case pending before them and if they are called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (judgments in Grillo Star Fallimento, C‑443/09, EU:C:2012:213, paragraph 21, and Torresi, C‑58/13 and C‑59/13, EU:C:2014:2088, paragraph 19) and the choice of the most appropriate time to refer a question for a preliminary ruling lies within their exclusive jurisdiction (see, to that effect, judgments in X, C‑60/02, EU:C:2004:10, paragraph 28, and AGM-COS.MET, C‑470/03, EU:C:2007:213, paragraph 45). | 0 |
10,212 | 27. In that regard, it must be borne in mind that EU rules relating to civil liability in respect of the use of motor vehicles are designed to ensure the free movement of vehicles normally based on EU territory and of persons travelling in those vehicles and to guarantee that the victims of accidents caused by those vehicles receive comparable treatment irrespective of where in the EU the accident has occurred (see, inter alia, Case C‑129/94 Ruiz Bernáldez [1996] ECR I‑1829, paragraph 13, and Case C‑537/03 Candolin and Others [2005] ECR I‑5745, paragraph 17). They also seek, as set out in the fifth recital in the preamble to the Third Directive, to protect that particularly vulnerable category of potential victims who are motor vehicle passengers by filling the gaps in the compulsory insurance cover of those passengers in certain Member States (Case C‑356/05 Farrell [2007] ECR I‑3067, paragraph 24). | 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 |
10,213 | 28. Suffice it to note in that regard that, according to established case-law, it is for the national court, to the full extent of its discretion under national law, to interpret and apply national law in conformity with the requirements of Community law. Where such an application is not possible, the national court must apply Community law in its entirety and protect rights which the latter confers on individuals, disapplying, if necessary, any contrary provision of domestic law (see, to that effect, Case 157/86 Murphy and Others [1988] ECR 673, paragraph 11, and Case C‑208/05 ITC [2007] ECR I‑181, paragraphs 68 and 69). | 30. The amended directive does not define the concepts mentioned above with the exception of ‘express roads’, for which it refers to the agreement thereby including the definition of ‘express road’ contained therein. Since not all the Member States are parties to that agreement, this reference concerns the version of the agreement in force when Directive 85/337 was adopted, that is the agreement of 15 November 1975 | 0 |
10,214 | 39. In the third place, given that the Portuguese Republic also makes reference to the need to avoid disruptions on the capital market, the Commission cites the case‑law, and in particular Commission v Portugal (paragraph 52), according to which economic grounds cannot serve as justification for obstacles prohibited by the Treaty. | 50. Since Directive 89/665 applies to review procedures brought against decisions taken by contracting authorities under Directives 92/50, 93/36 and 93/37, its scope ratione personae is bound to coincide with that of those directives. | 0 |
10,215 | 16. The Court may refuse to rule on a question referred for a preliminary ruling from a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation 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 (Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑4233, paragraph 22; Magoora , paragraph 23; and Stoß and Others , paragraph 52). | 60. If that were not the case, the objective of Article 98(1) of the Regulation, which is the uniform protection, throughout the entire area of the Community, of the right conferred by the Community trade mark against the risk of infringement, would not be achieved. A prohibition against further infringement or threatened infringement which is not coupled with measures aimed at ensuring that it is complied with would, generally speaking, have no dissuasive effect. | 0 |
10,216 | 55 Article 51 of the EEC Treaty provides for that purpose for recourse to the technique of coordinating the national social security schemes. Coordination would not be effective if it were necessary to limit its application solely to workers moving within the Community for the purpose of their employment. As the Court has held in relation to Regulation No 3, Regulation No 1408/71 is applicable to any worker, within the meaning of Article 1 thereof, who has the nationality of a Member State and finds himself in one of the situations involving international elements as provided for in the said regulation, as to members of his family (Case 27/69 Compagnie belge d'assurances générales sur la vie et contre les accidents [1969] ECR 405, paragraph 4; see also Singer, p. 971; and Case 61/65 Vaassen-Göbbels [1966] ECR 261, 277). | 51 It must be pointed out, however, that the specific provisions of the Fifth Code laying down time-limits, in particular for notification of planned aid, are drafted in terms comparable to the analogous provisions of the Second Code. The only differences are to be found in the duration of the periods and in the absence in the Fifth Code of express provisions relating to their amendment. | 0 |
10,217 | 30 It should be observed that the present case is identical to the case which gave rise to the judgment in Case C-385/89 Greece v Commission [1992] ECR I-3253, paragraphs 9 to 14. In that judgment the Court considered that it was for national authorities which subsequently amended figures of decisive significance for the purposes of the calculation of the co-responsibility levy to provide sufficient specific information to justify that change. | 100. À cet égard, il convient de souligner que, dans le cas d’un recours en indemnité fondé sur une violation, par le Tribunal, de l’article 47, deuxième alinéa, de la Charte, en ce qu’il aurait méconnu les exigences liées au respect du délai de jugement raisonnable, il incombe à celui-ci, conformémen t à l’article 340, deuxième alinéa, TFUE, de prendre en considération les principes généraux applicables dans les ordres juridiques des États membres pour traiter les recours fondés sur des violations similaires. Dans ce contexte, le Tribunal doit notamment rechercher s’il est possible d’identifier, outre l’existence d’un préjudice matériel, celle d’un préjudice immatériel qui aurait été subi par la partie affectée par le dépassement de délai et qui devrait, le cas échéant, faire l’objet d’une réparation adéquate. | 0 |
10,218 | 35. Legislation such as that at issue in the main proceedings, which, according to its wording, applies without distinction to operators established in the Italian Republic and to operators established in other Member States, is generally likely to fall within the scope of the provisions on the fundamental freedoms established by the FEU Treaty only to the extent to which it applies to situations related to intra-Community trade (see, to that effect, inter alia, Joined Cases C‑321/94 to C‑324/94 Pistre and Others [1997] ECR I‑2343, paragraph 45; Case C‑448/98 Guimont [2000] ECR I‑10663, paragraph 21; and Duomo Gpa and Others , paragraph 26 and the case-law cited). | 21 As for a rule such as that at issue in the main proceedings, which, according to its wording, applies without distinction to national and imported products and is designed to impose certain production conditions on producers in order to permit them to market their products under a certain designation, it is clear from the Court's case-law that such a rule falls under Article 30 of the Treaty only in so far as it applies to situations that are linked to the importation of goods in intra-Community trade (Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, paragraph 9; Mathot, paragraphs 3 and 7 to 9). | 1 |
10,219 | 60 In that regard, it is important to remember that Article 92(1) of the Treaty provides that any aid granted by a Member State, or through State resources in any form whatsoever, which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods is incompatible with the common market. In particular, measures which, in various forms, mitigate the burdens which are normally included in the budget of an undertaking and which, without therefore being subsidies in the strict meaning of the word, are similar in character and have the same effect are considered to constitute aid (see, in particular, Case C-387/92 Banco Exterior de España [1994] ECR I-877, paragraph 13; Case C-75/97 Belgium v Commission [1999] ECR I-3671, paragraph 23 and Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 25). | 86. Il est de jurisprudence constante que cette obligation de motivation répond au double objectif de permettre, d’une part, aux intéressés de connaître les justifications de la mesure prise afin de défendre leurs droits et, d’autre part, au juge de l’Union d’exercer son contrôle sur la légalité de la décision (voir arrêt du 10 mai 2012, Helena Rubinstein et L’Oréal/OHMI, C-100/11 P, non encore publié au Recueil, point 111). | 0 |
10,220 | 85 So, in considering whether Article 100a was the proper legal basis, the Court must verify whether the measure whose validity is at issue in fact pursues the objectives stated by the Community legislature (see, in particular, Spain v Council, cited above, paragraphs 25 to 41, and Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 10 to 21). | 20 In that regard, network cards satisfy the conditions relating to units set out in Note 5(B) to Chapter 84 of the Combined Nomenclature, since they can be connected to the central unit and are specifically designed as parts of an automatic data-processing system. | 0 |
10,221 | 41. In the context of that cooperation, the national court seised of the dispute, which alone has direct knowledge of the facts giving rise to the dispute and must assume responsibility for the subsequent judicial decision, is, having regard to the particular circumstances of the case, in the best position to assess both the need for a preliminary ruling in order to enable it to give judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see, inter alia, Schmidberger , paragraph 31, and Mangold , paragraphs 34 and 35). | 35. Consequently, where the question submitted by the national court concerns the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (Case C-231/89 Gmurzynska-Bscher [1990] ECR I-4003, paragraph 20; Leclerc‑Siplec , paragraph 11; Joined Cases C-358/93 and C-416/93 Bordessa and Others [1995] ECR I-361, paragraph 10; and Inspire Art , paragraph 44). | 1 |
10,222 | 24 The Court reached that conclusion on the view that the aim of Article 14 of the directive, which is to inform and protect consumers, would not be attained if they did not always have access to the compulsory particulars specified in the directive, not only at the time of purchase, but also at that of consumption. The Court further pointed out that the ultimate consumer is not necessarily the person who purchased the foodstuffs (see Piageme II, paragraphs 23 to 25). | 39 Consequently, the fact that a worker can claim retroactively to join an occupational pension scheme does not allow him to avoid paying the contributions relating to the period of membership concerned (Fisscher, cited above, paragraph 37). | 0 |
10,223 | 124
That said, these various factors resulting from the wording of Article 9(5) of Regulation No 384/96 do not enable the question to be answered whether, nevertheless, the Council and the Commission may not be so obliged when they have recourse to sampling. That provision should therefore be interpreted by considering not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, to this effect, judgment in VEMW and Others, C‑17/03, EU:C:2005:362, paragraph 41 and the case-law cited). In this context, it is appropriate, in particular, to examine the relationship between, on the one hand, that provision and, on the other, Article 17 of Regulation No 384/96, which provides for sampling. | 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). | 1 |
10,224 | 39. It should be borne in mind, as a preliminary point, that the Court has held that the pensions provided under a scheme having features such as those of the French pension scheme for civil servants at issue in the main proceedings come within the concept of pay within the meaning of Article 141 EC (see to that effect, Griesmar , EU:C:2001:648, paragraphs 26 to 38, and Mouflin , C‑206/00, EU:C:2001:695, paragraphs 22 and 23). | 40. If, in the context of a parallel import, marketing authorisation were linked only to the imported product and not to the person of the importer, he would have to carry out the necessary checks. If operators were permitted, without any prior monitoring, to make available to third parties or use a plant protection product which had already been subjected to a simplified marketing authorisation procedure, the risk of improper or irregular use of that product might increase. Firstly, it could not be guaranteed that importers would carry out dependable checks as to whether and on what conditions a plant protection product introduced as a parallel import has the benefit of a marketing authorisation issued in favour of another product. Secondly, compliance with the strict rules concerning the labelling and packaging of plant protection products, the objective of which is, inter alia, to ensure that the products are correctly used, could equally not be efficiently monitored by the competent authorities of the Member State concerned. | 0 |
10,225 | 30. Secondly, the Court has held that subsidies directly linked to the prix of a taxable transaction are only one situation amongst others referred to in Article 11A(1)(a) of the Sixth Directive and that, irrespective of the particular situation in question, the taxable amount in respect of a supply of services is everything which makes up the consideration for the service (see, to that effect, Case C‑353/00 Keeping Newcastle Warm EU:C:2002:369, paragraphs 23 and 25). | 52. It follows that, in order to use the option provided for by that provision, the Member States are required to make a choice to rely on it. | 0 |
10,226 | 44 Furthermore, the criterion on the basis of which the national provision excludes type A and type B share transfers from that tax advantage - namely the fact that the transfer is to a company established under the legislation of another Member State or a branch set up in Sweden by such a company - relates to the exercise of the freedom of establishment guaranteed by the Treaty and cannot, therefore, in itself, constitute an abuse of the right of establishment (see, to that effect, inter alia, Centros, cited above, paragraph 27). | 28 In the latter case, comparing the circumstances in which the person concerned actually uses the property with the circumstances in which the corresponding economic activity is usually carried out may be one way of ascertaining whether the activity concerned is carried on for the purpose of obtaining income on a continuing basis. | 0 |
10,227 | 52
In that context, it is apparent from well-established case-law that a finding of abuse requires a combination of objective and subjective elements. First, with regard to the objective element, that finding requires that it must be apparent from a combination of objective circumstances that, despite formal observance of the conditions laid down by Community rules, the purpose of those rules has not been achieved. Second, such a finding requires a subjective element, namely that it must be apparent from a number of objective factors that the essential aim of the transactions concerned is to obtain an undue advantage. The prohibition of abuse is not relevant where the economic activity carried out may have some explanation other than the mere attainment of an advantage (judgment of 28 July 2016, Kratzer, C‑423/15, EU:C:2016:604, paragraphs 38 to 40 and the case-law cited). | 47. Moreover, as the Advocate General pointed out at point 44 of his Opinion, the wording of Article 5(3) of Regulation No 615/98 clearly shows that the Community legislature made the payment of export refunds conditional upon compliance with Directive 91/628, regardless of any proof of actual and specific injury suffered by the animals during their transportation. | 0 |
10,228 | 35. That distinctive character must be assessed, first, by reference to the products or services in respect of which registration has been applied for and, second, by reference to the perception of the relevant public, which consists of average consumers of the products or services in question, who are reasonably well informed and reasonably observant and circumspect (see, inter alia, Linde , paragraph 41, and Case C‑363/99 Koninklijke KPN Nederland [2004] ECR I‑0000, paragraph 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 |
10,229 | 35. Finally, the Court has held that, in order to be classified as ‘other requirements’ within the meaning of Article 1(4) of Directive 98/34, the national measures in question must constitute ‘conditions’ which can significantly influence the composition, the nature or the marketing of the product concerned (see, to this effect, Lindberg , paragraph 72, and Intercommunale Intermosane and Fédération de l’industrie et du gaz , paragraph 20). | 50. In the light of the foregoing, there is no need to reply to the other questions referred. | 0 |
10,230 | 12. According to settled case-law, the concept of ‘worker’ within the meaning of Article 48 of the Treaty has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see, in particular, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, Case C-3/90 Bernini [1992] ECR I-1071, paragraph 14, and Case C-456/02 Trojani [2004] ECR I-0000, paragraph 15). | 19. Par conséquent, les dispositions concernant lesdites exonérations doivent recevoir une interprétation autonome, fondée sur leur libellé et sur les finalités poursuivies par la directive 2003/96 (arrêt du 1 er décembre 2011, Systeme Helmholz, C-79/10, non encore publié au Recueil, point 19). | 0 |
10,231 | 47. In any event, if the Member State concerned should find that a reform of an existing monopoly effected with a view to making it compatible with Treaty provisions is not feasible and that a liberalisation of the market in games of chance is the better measure for ensuring the level of consumer protection and the preservation of order in society which that Member State intends to uphold, it will be required to observe the fundamental rules of the Treaties, including in particular Articles 43 EC and 49 EC, the principles of equal treatment and of non-discrimination on grounds of nationality and the consequent obligation of transparency (see, to that effect, Costa and Cifone , paragraph 54 and the case-law cited). In such a case, the introduction in that Member State of an administrative permit scheme for the provision of certain types of games of chance must be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion so that it is not used arbitrarily (see, to that effect, Case C-46/08 Carmen Media Group [2010] ECR I-8149, paragraph 90, and Costa and Cifone , paragraph 56 and the case-law cited). | 147. Nor did the General Court make an error of law with regard, in the second place, to the question whether the words ‘used in the course of trade’ mean that use of a geographical indication relied on under Article 8(4) of Regulation No 40/94 must be made in accordance with the essential function of such a sign, namely to guarantee to consumers the geographical origin of the goods and the special qualities inherent in them, when, in the present case, the sign relied on was used as a trade mark. | 0 |
10,232 | 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). | 57. The lack of a statement of reasons which vitiates the listing is also liable to frustrate the attempts of the courts to carry out an adequate review of the substantive legality of that listing, particularly as regards the verification of the facts, and the evidence and information relied upon in support of the listing. As F stated at the hearing, the possibility of an adequate review by the courts is indispensable if a fair balance between the requirements of the fight against international terrorism, on the one hand, and the protection of fundamental liberties and rights, on the other, is to be ensured. | 0 |
10,233 | 74. 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 ( Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 55). | 49. Consequently, Article 296(1)(b) EC, to which Article 3 of Directive 93/36 refers, cannot properly be invoked by the Italian Republic to justify recourse to the negotiated procedure for the purchase of those helicopters. | 0 |
10,234 | 41. Nonetheless, the point must be made that the recognition of a party’s right to plead the invalidity of an act of the Union presupposes that that party did not have the right to bring, under Article 263 TFEU, a direct action for the annulment of that act (see, to that effect, TWD Textilwerke Deggendorf , paragraph 23; E and F , paragraph 46, and Case C‑494/09 Bolton Alimentari [2011] ECR I‑647, paragraph 22). Were it to be accepted that a party who beyond doubt had standing to institute proceedings under the fourth paragraph of Article 263 TFEU for the annulment of an act of the Union could, after the expiry of the time-limit for bringing proceedings laid down in the sixth paragraph of Article 263 TFEU, challenge before the national courts the validity of that act, that would amount to enabling the person concerned to circumvent the fact that that act is final as against him once the time-limit for his bringing an action has expired (see, to that effect, TWD Textilwerke Deggendorf , paragraphs 18 and 24; E and F , paragraphs 46 and 48, and Bolton Alimentari , paragraphs 22 and 23). | 87. As regards the conditions that must be satisfied for the measures in question to escape classification as State aid, it should be borne in mind that, first, the undertaking receiving such compensation must actually have public service obligations to discharge, and the obligations must be clearly defined ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 89). | 0 |
10,235 | 50. Quite apart from the principle of proportionality, a Member State which adopts protective measures in accordance with Directive 90/425 must comply with the obligations which that directive establishes and the procedure which it lays down. In that regard, the fifth subparagraph of Article 10(1) of that directive provides that the measures are to be communicated immediately to the Commission and the other Member States ( Lennox , paragraph 75; on the obligation to communicate without delay and to cooperate loyally where conservation measures are adopted on the basis of Article 8 of Directive 90/425, see Van den Bor , paragraphs 45 to 48; see also, by analogy, in relation to measures adopted on the basis of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ 1989 L 395, p. 13), Case C-241/01 National Farmers’ Union [2002] ECR I‑9079, paragraph 60). | 31 IL FAUT DES LORS REPONDRE A LA PREMIERE QUESTION DE LA JURIDICTION NATIONALE EN CE SENS QUE L ' ARTICLE 119 DU TRAITE CEE EST VIOLE PAR UNE SOCIETE DE GRANDS MAGASINS QUI EXCLUT LES EMPLOYES A TEMPS PARTIEL DU REGIME DE PENSIONS D ' ENTREPRISE LORSQUE CETTE MESURE FRAPPE UN NOMBRE BEAUCOUP PLUS ELEVE DE FEMMES QUE D ' HOMMES , A MOINS QUE L ' ENTREPRISE N ' ETABLISSE QUE LADITE MESURE S ' EXPLIQUE PAR DES FACTEURS OBJECTIVEMENT JUSTIFIES ET ETRANGERS A TOUTE DISCRIMINATION FONDEE SUR LE SEXE .
SUR LA QUESTION 2 , SOUS A ) | 0 |
10,236 | 35IT SHOULD BE RECALLED THAT THE PROVISIONS OF ARTICLE 1 OF THE SAID ROYAL DECREE WERE AT THE ROOT OF THE REFERENCE FOR A PRELIMINARY RULING BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS IN CASE 8/74 PROCUREUR DU ROI V BENOIT AND GUSTAVE DASSONVILLE , WHICH ASKED WHETHER A NATIONAL PROVISION PROHIBITING THE IMPORT OF GOODS BEARING A DESIGNATION OF ORIGIN WHERE SUCH GOODS ARE NOT ACCOMPANIED BY AN OFFICIAL DOCUMENT ISSUED BY THE GOVERNMENT OF THE EXPORTING COUNTRY CERTIFYING THEIR RIGHT TO SUCH DESIGNATION CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
| 40 The Court of Justice may examine such a plea only in so far as it seeks to contest the assessment made by the Court of First Instance of the tenor and wording of the letters of 19 October 1990 (Case C-39/93 P SFEI v Commission [1994] ECR I-2681, paragraph 26). | 0 |
10,237 | 31. While Member State nationals who move in search for work benefit from the principle of equal treatment only as regards access to employment, those who have already entered the employment market may, on the basis of Article 7(2) of Regulation No 1612/68, claim the same social and tax advantages as national workers (see in particular, Lebon , cited above, paragraph 26, and Case C-278/94 Commission v Belgium [1996] ECR I-4307, paragraphs 39 and 40). | 26 IT MUST BE POINTED OUT THAT THE RIGHT TO EQUAL TREATMENT WITH REGARD TO SOCIAL AND TAX ADVANTAGES APPLIES ONLY TO WORKERS . THOSE WHO MOVE IN SEARCH OF EMPLOYMENT QUALIFY FOR EQUAL TREATMENT ONLY AS REGARDS ACCESS TO EMPLOYMENT IN ACCORDANCE WITH ARTICLE 48 OF THE EEC TREATY AND ARTICLES 2 AND 5 OF REGULATION NO 1612/68 . | 1 |
10,238 | 64 The Commission makes reference to the judgment in Case C-210/91 Commission v Greece [1992] ECR I-6735, paragraphs 19 and 20. It takes the view that, in circumstances such as those of Mr Louloudakis, the objective pursued may be attained by means of the payment of the taxes and duties due. According to the Commission, additional penalties do not appear to be justified, bearing in mind the extreme difficulty of determining normal residence. It submits that additional penalties such as those mentioned in the second and third questions are disproportionate. | 22 It is true that the profit margin of 5% was applied without any differentiation between the various traders concerned for the purpose of constructing the normal value of plain paper photocopiers . However, the traders in question, who are limited in number, were identified by the institutions, and it was precisely in order to reflect the particular features of their business dealings with producers that the profit margin used was set at 5 %. | 0 |
10,239 | 62. It is to be noted that the Court has held, in relation to a student who is a citizen of the Union, that entitlement to a non-contributory social benefit, such as the Belgian minimum subsistence allowance (‘minimex’), falls within the scope of the prohibition of discrimination on grounds of nationality and that, therefore, Articles 6 and 8 of the Treaty preclude eligibility for that benefit from being subject to conditions which are liable to constitute discrimination on grounds of nationality ( Grzelczyk , paragraph 46). | 62 Finally, the first three ACP-EEC Conventions all contained a standstill clause worded in terms similar to those in Article 1 of Protocol No 5 on bananas. | 0 |
10,240 | 20. None the less, in exercising that power, the Member States must respect the principle of fiscal neutrality. As is apparent from the Court's case-law, that principle precludes in particular treating similar goods and supplies of services, which are thus in competition with each other, differently for VAT purposes, so that those goods or supplies must be subjected to a uniform rate (see Case C-267/99 Adam [2001] ECR I-7467, paragraph 36). | 211. In adopting such rules of conduct and announcing by publishing them that they will henceforth apply to the cases to which they relate, the institution in question imposes a limit on the exercise of its discretion and cannot depart from those rules under pain of being found, where appropriate, to be in breach of the general principles of law, such as equal treatment or the protection of legitimate expectations. It cannot therefore be precluded that, on certain conditions and depending on their content, such rules of conduct, which are of general application, may produce legal effects. | 0 |
10,241 | 58. The possibility for a person to argue in the context of a national proceeding the invalidity of provisions contained in acts of the Union does, it is true, presuppose that the party in question had no right of direct action under Article 230 EC by which it could challenge provisions, the consequences of which it is suffering without having been able to seek their annulment (see, to that effect, TWD Textilwerke Deggendorf , paragraph 23, and Case C‑550/09 E and F [2010] ECR I‑0000, paragraphs 45 and 46). However, that same case-law shows that such a direct action must be admissible beyond any doubt ( E and F , paragraph 48; Case C‑494/09 Bolton Alimentari [2011] ECR I‑0000, paragraph 23). | 19 In that connection, it must first be pointed out that the inclusion of such a clause in an invitation to tender may cause economic operators who produce or utilize pipes equivalent to pipes certified as complying with Irish standards to refrain from tendering . | 0 |
10,242 | 45. On the other hand, a refusal to allow the parent, whether a national of a Member State or a national of a non-member country, who is the carer of a child to whom Article 18 EC and Directive 90/364 grant a right of residence, to reside with that child in the host Member State would deprive the child’s right of residence of any useful effect. It is clear that enjoyment by a young child of a right of residence necessarily implies that the child is entitled to be accompanied by the person who is his or her primary carer and accordingly that the carer must be in a position to reside with the child in the host Member State for the duration of such residence (see, mutatis mutandis , in relation to Article 12 of Regulation No 1612/68, Baumbast and R , paragraphs 71 to 75). | Il s’ensuit que c’est sans commettre d’erreur de droit que le Tribunal a conclu, au point 74 de l’arrêt attaqué, que le Conseil
a pu raisonnablement considérer que les mesures de gel des fonds en cause présentaient un caractère spécifique justifiant
qu’il se réserve la compétence d’exécution à l’article 46, paragraphe 2, du règlement n° 267/2012 (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 59). | 0 |
10,243 | 35. However, although it cannot be denied that such grounds are among those which, under Article 30 EC, may be relied on by a Member State in order to justify such an obligation, and that, in the absence of harmonising rules, the Member States are free to decide on their intended level of protection of health and life of humans (Case C‑293/94 Brandsma [1996] ECR I-3159, paragraph 11, and Commission v Portugal , paragraph 44), the fact remains that an exception to the principle of the free movement of goods may be justified under that article only if the national authorities show that it is necessary in order to attain one or more objectives mentioned in that article and that it is in conformity with the principle of proportionality (Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40; Case C‑358/95 Morellato [1997] ECR I-1431, paragraph 14; ATRAL , paragraph 67; and Commission v Italy , paragraph 22). | 29. The United Kingdom and the Commission submit that IPT, far from constituting a turnover tax prohibited by Article 33 of the Sixth Directive, constitutes a tax on contracts of insurance expressly authorised by that very provision.
Findings of the Court | 0 |
10,244 | 62. As regards the criteria concerning the exercise of the right to object and judicial review of an opposition decision, the Hellenic Republic points out that the public security clause and its various elements, despite their flexible nature, may be controlled, and are in fact controlled, by the courts, both at the national and EU level, as clauses derogating from the fundamental freedoms of movement enshrined in the Treaties (see, to that effect, inter alia, Case 30/77 Bouchereau [1977] ECR 1999, paragraphs 33 to 35, and Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraph 34). | 66. It is, however, settled case-law that the General Court has exclusive jurisdiction to find the facts, save where a substantive inaccuracy in its findings is apparent from the documents submitted to it, and to appraise those facts. That appraisal of the facts thus does not, save where the clear sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice in an appeal (Case C-144/06 P Henkel v OHIM [2007] ECR I-8109, paragraph 49 and case-law cited). | 0 |
10,245 | 82
In that regard, it should be noted that the Court has repeatedly held that it is the responsibility of economic operators to make the necessary arrangements in their contractual relations in order to guard against the risks of an action for post-clearance recovery, and that prevention of risks may consist inter alia in the person liable for payment obtaining from the other contracting party, on or after conclusion of the contract, all the necessary evidence confirming that the goods come from the State which is a ‘beneficiary country’ under the generalised tariff preferences scheme, including documents establishing that origin (see, inter alia, judgments of 8 November 2012, Lagura Vermögensverwaltung, C‑438/11, EU:C:2012:703, paragraphs 30 and 31, and of 16 March 2017, Veloserviss, C‑47/16, EU:C:2017:220, paragraph 38). | 27. Il est, par ailleurs, de jurisprudence constante que doivent être considérées comme des restrictions à la liberté d’établissement toutes les mesures qui interdisent, gênent ou rendent moins attrayant l’exercice de cette liberté (arrêt National Grid Indus, précité, point 36 et jurisprudence citée). | 0 |
10,246 | 42. According to case‑law, it is only where transposition of a directive is pointless for reasons of geography that it is not mandatory (see Commission v Italy , paragraph 13 and Case C‑441/00 Commission v United Kingdom , paragraph 17). | 74. Second, it must remain open to the contracting authorities, acting in all good faith, to ensure the supply of services by way of a concession, if they consider that to be the best method of ensuring the public service in question, even if the risk linked to such an operation is limited. | 0 |
10,247 | 103. It is also settled case-law that the General Court, in the context of its unlimited jurisdiction, by mechanical recourse to arithmetical formulas based on the turnover alone of the undertaking concerned, divest itself of its own power of assessment as regards the fixing of fines (see, to that effect, inter alia, Mo och Domsjö v Commission , paragraph 47). The fixing of an appropriate fine cannot be the result of a simple arithmetical calculation based on turnover (see, to that effect, Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 121, and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 243). | 8 The wording of Article 73(4) of the Staff Regulations does not indicate that the subrogation in favour of the Communities is conditional upon the payment of benefits under the Staff Regulations. On the contrary, it provides that the Communities are automatically to be subrogated to the rights of the official, within the limits not of the payments made but of the obligations devolving upon them under the provisions of the Staff Regulations referred to. It is apparent from the wording of that provision that the event giving rise to subrogation in favour of the Communities is the existence of the obligation to pay benefits under the Staff Regulations, not the payment of them. The subrogation takes place upon the occurrence of the harmful event for which a third party is liable, even though it is not possible immediately to evaluate the Community' s obligations in pecuniary terms. | 0 |
10,248 | 26 Although it is true that, in the light of the criteria set out in the second paragraph of Article 173 of the Treaty, regulations imposing anti-dumping duties are in fact, as regards their nature and their scope, of a legislative character, in that they apply to all the economic operators concerned taken as a whole, their provisions may none the less be of individual concern to certain economic operators (see the judgments in Joined Cases 239/82 and 275/82 Allied Corporation and Others v Commission [1984] ECR 1005, paragraph 11, and Case 53/83 Allied Corporation and Others v Council [1985] ECR 1621, paragraph 4). | 11 ARTICLE 13 ( 1 ) OF REGULATION NO 3017/79 PROVIDES THAT ' ' ANTI-DUMPING OR COUNTERVAILING DUTIES , WHETHER PROVISIONAL OR DEFINITIVE , SHALL BE IMPOSED BY REGULATION ' ' . ALTHOUGH IT IS TRUE THAT , IN THE LIGHT OF THE CRITERIA SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 173 , SUCH MEASURES ARE , IN FACT , AS REGARDS THEIR NATURE AND THEIR SCOPE , OF A LEGISLATIVE CHARACTER , INASMUCH AS THEY APPLY TO ALL THE TRADERS CONCERNED , TAKEN AS A WHOLE , THE PROVISIONS MAY NONE THE LESS BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE CHARGED WITH PRACTISING DUMPING . IT IS CLEAR FROM ARTICLE 2 OF REGULATION NO 3017/79 THAT ANTI-DUMPING DUTIES MAY BE IMPOSED ONLY ON THE BASIS OF THE FINDINGS RESULTING FROM INVESTIGATIONS CONCERNING THE PRODUCTION PRICES AND EXPORT PRICES OF UNDERTAKINGS WHICH HAVE BEEN INDIVIDUALLY IDENTIFIED .
| 1 |
10,249 | 35
In accordance with Article 48(2) of the Rules of Procedure of the General Court in the version in force at the date of the judgment under appeal, 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. An argument which does not expand upon an argument raised previously, whether directly or by implication, in the original application and which is not closely connected with that previous argument must be regarded as a new plea (see, to that effect, judgment of 12 November 2009, SGL Carbon v Commission, C‑564/08 P, not published, EU:C:2009:703, paragraphs 20 to 34, and of 16 December 2010, AceaElectrabel Produzione v Commission, C‑480/09 P, EU:C:2010:787, paragraph 111). | 16. In that connection, it should be recalled that, although, in view of the division of responsibilities in the preliminary-ruling procedure, it is for the referring court alone to determine the subject-matter of the questions which it proposes to refer to the Court, in exceptional circumstances, it will examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (Joined Cases C-92/09 and C-93/09 Volker und Markus Schecke and Eifert [2010] ECR I-11063, paragraph 39). | 0 |
10,250 | 30
It should be noted that it is settled case-law that Directive 80/987 has a social objective, which is to guarantee employees a minimum of protection at EU level in the event of the employer’s insolvency through payment of outstanding claims resulting from contracts of employment or employment relationships and relating to pay for a specific period (see, inter alia, judgments in Maso and Others, C‑373/95, EU:C:1997:353, paragraph 56; Walcher, C‑201/01, EU:C:2003:450, paragraph 38; and Tümer, C‑311/13, EU:C:2014:2337, paragraph 42). In that context, the Court has on many an occasion observed that claims for salary are, by their very nature, of great importance to the individual concerned (see, inter alia, judgment in Visciano, C‑69/08, EU:C:2009:468, paragraph 44 and the case-law cited). | Eu égard à la présence de la clause réservant la compétence d’exécution au Conseil et à sa justification dans les règlements
antérieurs au règlement n° 267/2012, l’existence de cette compétence du Conseil pouvait être connue comme faisant partie du
contexte dans lequel l’acte en cause a été adopté et être considérée comme dûment justifiée, au sens de l’article 291, paragraphe
2, TFUE (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 64). | 0 |
10,251 | 35. In those circumstances, the fact that the referring court erred in identifying the provisions of EU law to be applied to the present case cannot affect the admissibility of the questions referred (see, to that effect, the judgment in Zurita García and Choque Cabrera , C‑261/08 and C‑348/08, EU:C:2009:648, paragraph 39). | 53. The fact that a product bears a CE mark certifying the conformity of a medical device with the provisions of Directive 93/42 constitutes one factor among others to be taken into consideration in that regard. None the less, since Directive 93/42 pursues objectives different from those of the CN and in order to maintain the coherence between the interpretation of the CN and that of the HS, which is established by an international convention to which the European Union is a contracting party, the fact that a product bears a CE mark cannot be decisive as regards an assessment of whether it is intended for medical use within the meaning of heading 9018 of the CN. | 0 |
10,252 | 17. La Commission fait valoir que, pour l’identification desdites régions, elle s’est fondée non seulement sur les données relatives à la qualité des eaux, mais également sur d’autres critères, liés à l’activité agricole ainsi qu’aux caractéristiques des eaux et des terres des mêmes régions. Elle cite plusieurs études scientifiques qui confirmeraient l’origine agricole de la pollution dans les régions concernées et, ainsi, la nécessité de désigner celles-ci comme zones vulnérables. À cet effet, selon la jurisprudence issue des arrêts Standley e.a. (C‑293/97, EU:C:1999:215, point 31) ainsi que Commission/Belgique (C‑221/03, EU:C:2005:573, point 84), la désignation ne devrait pas se limiter aux zones où la pollution agricole constitue l’unique source de pollution. Ainsi, la procédure de désignation des zones vulnérables suivie par la République hellénique aurait dû comporter une évaluation correcte des sources de pollution, aux fins de désigner les zones où se déversent les eaux atteintes par la pollution, dès lors que l’agriculture est en partie responsable de celle-ci. | 81. It is appropriate to bear in mind the limits of the Court’s powers of review in an appeal. | 0 |
10,253 | 14. According to settled case-law, any Community national who, irrespective of his place of residence and his nationality, has exercised the right to freedom of movement for workers and who has been employed in a Member State other than that of residence falls within the scope of Article 48 of the Treaty (Case C-385/00 de Groot [2002] ECR I-11819, paragraph 76; Case C-232/01 Van Lent [2003] ECR I-11525, paragraph 14; and Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-13389, paragraph 23). | 40. Although, with regard to the contract concluded by the City of Brunswick, it must therefore be held that the Federal Republic of Germany had not, as at 1 June 2004, adopted the measures to implement the judgment in Joined Cases C‑20/01 and C‑28/01 Commission v Germany , the same is not, however, true at the date of examination of the facts by the Court. It follows that the imposition of the periodic penalty payment, which the Commission is in fact no longer requesting, is not justified. | 0 |
10,254 | 35 As regards State measures, and more specifically the grant of exclusive rights, it should be pointed out that while Articles 85 and 86 are directed exclusively to undertakings, the Treaty none the less requires the Member States not to adopt or maintain in force any measure which could deprive those provisions of their effectiveness (see the judgment in Case C-13/77 INNO v ATAB [1977] ECR 2115, paragraphs 31 and 32). | 39. In the third place, given that the Portuguese Republic also makes reference to the need to avoid disruptions on the capital market, the Commission cites the case‑law, and in particular Commission v Portugal (paragraph 52), according to which economic grounds cannot serve as justification for obstacles prohibited by the Treaty. | 0 |
10,255 | 19 Against that background, regard must be had to the broad discretion enjoyed by the Community institutions when adopting measures for the implementation of the common agricultural policy (see in particular Case C-285/94 Italy v Commission [1997] ECR I-3519, paragraphs 22 and 23, and Case C-289/97 Eridania [2000] ECR I-5409, paragraph 48). | 22 It follows from the Treaty context in which Article 155 must be placed and also from practical requirements that the concept of implementation must be given a wide interpretation. Since only the Commission is in a position to keep track of agricultural market trends and to act quickly where necessary, the Council may find it necessary to confer on it wide powers in that sphere. Consequently, the limits of those powers must be determined by reference among other things to the essential general aims of the market organization (Case C-478/93 Netherlands v Commission [1995] ECR I-3081, paragraph 30). | 1 |
10,256 | 26
As is apparent from recitals 35 and 38 of Directive 2001/29, Article 5(2)(b) of that directive reflects the EU legislature’s intention of establishing a specific compensation scheme which is triggered by the existence of harm caused to rightholders, which gives rise, in principle, to the obligation to ‘compensate’ them (judgment of 9 June 2016, EGEDA and Others, C‑470/14, EU:C:2016:418, paragraph 19 and the case-law cited). | 120. Il convient de rappeler que les lignes directrices de 1998, qui, en tant que mesures d’ordre interne adoptées par l’administration, ne sauraient être qualifiées de règles de droit, énoncent toutefois une règle de conduite indicative de la pratique à suivre dont cette dernière ne peut s’écarter, dans un cas particulier, sans donner des raisons qui soient compatibles avec le principe d’égalité de traitement (voir, s’agissant des lignes directrices pour le calcul du montant des amendes en matière d’ententes, arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, Rec. p. I‑5425, point 209). De telles règles peuvent déployer, sous certaines conditions et en fonction de leur contenu, des effets juridiques (voir arrêt Dansk Rørindustri e.a./Commission, précité, point 211). | 0 |
10,257 | 48 With regard to the first objection, it follows from the title of Regulation No 1408/71 and from Article 2 thereof that this regulation governs the application of social security schemes to members of the family of employed persons or self-employed persons moving within the Community, with the result that, if a member of the family of a worker resides in a Member State other than that in which the worker resides, the provisions of Regulation No 1408/71 are, in principle, applicable (see, along these lines, Case 115/77 Laumann [1978] ECR 805, paragraph 5, and Case C-194/96 Kulzer [1998] ECR I-895, paragraph 30). | 27. Article 3(1) of the First Directive, as amplified and supplemented by the Second and Third Directives, thus requires the Member States to ensure that civil liability in respect of the use of vehicles normally based in their territory is covered by insurance, and specifies, inter alia, the types of damage and the third-party victims to be covered by that insurance ( Mendes Ferreira and Delgado Correia Ferreira , paragaph 27). | 0 |
10,258 | 31. En effet, le choix du moment le plus opportun pour interroger la Cour par voie préjudicielle est de la compétence exclusive du juge national (voir, notamment, arrêts du 30 mars 2000, JämO, C‑236/98, Rec. p. I‑2189, points 30 et 31, ainsi que du 7 janvier 2004, X, C‑60/02, Rec. p. I‑651, point 28 et jurisprudence citée). | 76 In the present cases, the medical specialists who are members of the LSV provide, in their capacity as self-employed economic operators, services on a market, namely the market in specialist medical services. They are paid by their patients for the services they provide and assume the financial risks attached to the pursuit of their activity. | 0 |
10,259 | 115. In that regard, it is appropriate to bear in mind that, by virtue of settled case-law, the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see Joined Cases C‑184/02 and C‑223/02 Spain and Finland v Parliament and Council [2004] ECR I‑7789, paragraph 64; Arnold André , paragraph 68, and Swedish Match , paragraph 70). | 63. The first sentence of Article 73 of Regulation No 40/94 provides that ‘[d]ecisions of the Office shall state the reasons on which they are based’. | 0 |
10,260 | 42. Whilst, in the absence of harmonisation at Community level, Member States retain the power to organise their social security schemes, they must none the less, when exercising that power, comply with Community law and, in particular, the provisions of the EC Treaty on freedom of movement for workers (see, to that effect, Case C-135/99 Elsen [2000] ECR I-10409, paragraph 33, and Case C‑227/03 van Pommeren-Bourgondiën [2005] ECR I‑6101, paragraph 39). | 27. En premier lieu, ainsi qu’il ressort d’une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 2 juin 2005, Commission/Irlande, C‑282/02, Rec. p. I‑ 4653, point 40). | 0 |
10,261 | 57. As regards the circumstances in which the regional tax was imposed, it must be conceded that the objective pursued by the national legislature was doubtless to increase tax receipts. It should be borne in mind in this connection that, according to settled case-law, although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence in a manner consistent with Community law (Case C‑345/05 Commission v Portugal [2006] ECR I-0000, paragraph 10, and Case C‑513/04 Kerckhaert and Morres [2006] ECR I-0000, paragraph 15). In so far as there is no infringement of Community law, that competence allows Member States, in principle, to introduce new taxes, to specify taxpayers and exemptions other than those in earlier analogous legislation or to increase the rate of taxation. | 45
In particular, the aim of Article 8(2) of Decision 2011/695 is to specify the reasons allowing the hearing officer to find that the information for which the interested person seeks confidential treatment may be disclosed. It is apparent from that provision that the hearing officer may find that the information may be disclosed when it does not, in fact, constitute a business secret or other confidential information or when there is an overriding interest in its disclosure. | 0 |
10,262 | Schwenk Zement soutient, en substance, que le Tribunal a commis une erreur de droit en estimant que le moyen tiré du défaut
de motivation de la décision litigieuse n’était pas fondé et devait être rejeté. Il s’agit d’une question de droit soumise
au contrôle de la Cour dans le cadre d’un pourvoi (voir arrêt Commission/Salzgitter, C‑408/04 P, EU:C:2008:236, point 55 et
jurisprudence citée). | 26 In the present case, Directive 79/112 represents, as follows specifically from its first and eighth recitals, only the initial stage of a harmonization process which is designed progressively to eliminate all obstacles to the free movement of foodstuffs resulting from the differences which exist between the laws, regulations and administrative provisions of the Member States with respect to the labelling of those products. | 0 |
10,263 | 32. Moreover, the Court has held that any failure by the service provider to meet the requirement to state when taxable activity commences cannot call in question the right of deduction to which the recipient of services supplied is entitled in respect of the VAT paid for those services. Accordingly, that recipient has a right to deduct even if the service provider is a taxable person who is not registered for VAT, where the invoices relating to the services supplied contain all the information required by Article 226 of Directive 2006/112, in particular the information needed to identify the person who drew up those invoices and to ascertain the nature of the services provided (see Case C-438/09 Dankowski [2010] ECR I-14009, paragraphs 33, 36 and 38). | 106. Admittedly the Court emphasised, in paragraph 46 of the judgment in Sweden and Turco v Council (EU:C:2008:374), that the considerations, whereby it is for the Council to balance the particular interest to be protected by non-disclosure of the document concerned against, inter alia, the public interest in the document being made accessible in the light of the advantages stemming, as noted in recital 2 in the preamble to Regulation No 1049/2001, from increased openness, in that this enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system, are of particular relevance where the Council is acting in its legislative capacity. | 0 |
10,264 | 40. Furthermore, even if the legislation at issue in the main proceedings were to have restrictive effects on free movement of capital, it follows from the case-law that those effects would be the unavoidable consequence of an obstacle to freedom of establishment and would not therefore justify an independent examination of that legislation from the point of view of Article 56 EC (see, by way of analogy, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraph 33; Case C‑231/05 Oy AA [2007] ECR I‑6373, paragraph 24; and Case C‑284/06 Burda [2008] ECR I‑4571, paragraph 74). | 22 As far as direct taxes are concerned, the situations of residents and of non-residents in a given State are not generally comparable, since income received in the territory of a State by a non-resident is in most cases only a part of his total income, which is concentrated at his place of residence, and a non-resident's personal ability to pay tax, determined by reference to his aggregate income and his personal and family circumstances, is more easy to assess at the place where his personal and financial interests are centred, which in general is the place where he has his usual abode (Schumacker, cited above, paragraphs 31 and 32). | 0 |
10,265 | 63
It is also to be observed that, by using the words ‘measures for the approximation’ in Article 114 TFEU, the authors of the Treaty intended to confer on the EU legislature a discretion, depending on the general context and the specific circumstances of the matter to be harmonised, as regards the method of approximation most appropriate for achieving the desired result, in particular in fields with complex technical features (judgments in Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 42, and United Kingdom v Parliament and Council, C‑270/12, EU:C:2014:18, paragraph 102). It was thus open to the EU legislature, in the exercise of that discretion, to proceed towards harmonisation only in stages and to require only the gradual abolition of unilateral measures adopted by the Member States (judgment in Rewe-Zentral, 37/83, EU:C:1984:89, paragraph 20). | 83
Secondly, it is necessary to determine whether a decision at a later stage of the proceedings amending one or more of the custodial sentences previously imposed, such as the cumulative sentence at issue in the case in the main proceedings, is covered by Article 4a(1) of the Framework Decision. | 0 |
10,266 | 53. Accordingly, where the competent institution, by issuing a Form E 111 or Form E 112, has agreed that one of its insured persons is to receive medical treatment outside the competent Member State, it is bound by the findings relating to the need for urgent vital treatment made by the doctors authorised by the institution of the Member State of stay (see, in an analogous sense, in the context of Article 19 of Regulation No 1408/71 and Article 18 of Regulation No 574/72, Case 22/86 Rindone [1987] ECR 1339, paragraphs 9 to 14, and Case C‑45/90 Paletta [1992] ECR I‑3423, paragraph 28). | 13 It follows that the power granted to the Council by the third subparagraph of Article 93(2) is to apply in the wine sector, within the limits indicated by that provision, namely the existence of exceptional circumstances. | 0 |
10,267 | 131. It must be borne in mind that, according to settled case-law, it is clear from Article 225 EC, from the first paragraph of Article 58 of the Statute of the Court of Justice and from Article 112(1)(c) of the Rules of Procedure that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and the legal arguments specifically advanced in support of the appeal. Thus, an appeal which merely repeats or reproduces verbatim the pleas and arguments relied on before the Court of First Instance does not satisfy the requirement to state reasons under those provisions (see Case C-499/03 P Biegi Nahrungsmittel and Commonfood v Commission [2005] ECR I-1751, paragraphs 37 and 38 and the case-law there cited). | 33. It is necessary to examine next whether a restriction such as that at issue in the main proceedings, which concerns investments in immovable property, can be regarded as a restriction which existed on 31 December 1993. | 0 |
10,268 | 43. It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation obtaining in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-103/00 Commission v Greece [2002] ECR I-1147, paragraph 23, and Case C-323/01 Commission v Italy [2002] ECR I-4711, paragraph 8). | 30 THE BELGIAN DEALERS , INCLUDING THE MEMBERS OF THE ADVISORY COMMITTEE WHO GAVE THEIR CONSENT TO THE CIRCULAR FROM BMW BELGIUM OF 29 SEPTEMBER 1975 DID , BY VIRTUE OF THAT CONSENT , SUBSCRIBE TO SUCH AN AGREEMENT , THE DETAILED CONTENT OF WHICH IS DETERMINED BY THE SAID CIRCULARS .
| 0 |
10,269 | 61 As regards the Boterlux judgment, cited above, the Court held in paragraph 37 thereof that the exporter of a product destined for a non-member country loses his right to a refund where the product is fraudulently re-imported into the Community notwithstanding the fact that he did not take part in the fraud or that he acted in good faith. However, it said nothing about the obligation to charge import levies when the exporter is deprived of his right to a refund. | Certes, selon la jurisprudence de la Cour, le non‑respect des règles de procédure relatives à l’adoption d’un acte faisant grief, tel le fait, pour la Commission, de ne pas avoir adopté une décision dans le délai fixé par le législateur de l’Union, constitue une violation des formes substantielles qu’il appartient au juge de l’Union de soulever d’office (voir, en ce sens, arrêts du 4 septembre 2014, , C‑192/13 P, EU:C:2014:2156, point 103, ainsi que du 24 juin 2015, , C‑549/12 P et C‑54/13 P, EU:C:2015:412, point 92). | 0 |
10,270 | 65. In those circumstances, a restriction on the free movement of capital or the freedom of establishment such as follows from the legislation at issue in the main proceedings is permissible only if it is justified by an overriding reason in the public interest. It is further necessary, in such a case, that the restriction is appropriate for ensuring the attainment of the objective in question and does not go beyond what is necessary to attain it (see National Grid Indus , paragraph 42; Case C‑250/08 Commission v Belgium [2011] ECR I‑12341, paragraph 51; and, to that effect, Test Claimants in the FII Group Litigation , paragraphs 54 and 55). | 34
However, neither Directive 85/337 nor Directive 2011/92 contains provisions relating to the consequences of a breach of that obligation to carry out a prior assessment. | 0 |
10,271 | 16. In that connection, it should be recalled that, although, in view of the division of responsibilities in the preliminary-ruling procedure, it is for the referring court alone to determine the subject-matter of the questions which it proposes to refer to the Court, in exceptional circumstances, it will examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (Joined Cases C-92/09 and C-93/09 Volker und Markus Schecke and Eifert [2010] ECR I-11063, paragraph 39). | 37 ARTICLE 61 OF THE TREATY PROVIDES THAT FREEDOM TO PROVIDE SERVICES IN THE FIELD OF TRANSPORT IS GOVERNED NOT BY THE PROVISIONS OF THE CHAPTER ON SERVICES BUT BY THE PROVISIONS OF THE TITLE RELATING TO THE COMMON TRANSPORT POLICY . IN THE TRANSPORT SECTOR , THEREFORE , THE OBJECTIVE LAID DOWN IN ARTICLE 59 OF THE TREATY OF ABOLISHING DURING THE TRANSITIONAL PERIOD RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES SHOULD HAVE BEEN ATTAINED IN THE FRAMEWORK OF THE COMMON POLICY PROVIDED FOR IN ARTICLES 74 AND 75 . | 0 |
10,272 | 60. Secondly, as regards the legitimacy of those objectives, it must be noted that the Court has already held that the aims that may be considered ‘legitimate’ within the meaning of the first subparagraph of Article 6(1) of Directive 2000/78 and, consequently, appropriate for the purposes of justifying a derogation from the principle prohibiting discrimination on grounds of age are social policy objectives, such as those related to employment policy, the labour market or vocational training (Case C‑388/07 Age Concern England [2009] ECR I‑1569, paragraph 46; C‑88/08 Hütter [2009] ECR I‑5325, paragraph 41, and Prigge and Others , paragraph 81). | 40. En effet, au regard de l’objectif du règlement nº 469/2009, tel que rappelé au point 31 du présent arrêt, à savoir compenser le retard pris par le titulaire d’un brevet de base dans l’exploitation commerciale de son invention par une durée supplémentaire d’exclusivité, d’une part, l’octroi d’un premier CCP sur le principe actif unique irbésartan a déjà permis à son titulaire de bénéficier d’une telle compensation et, d’autre part, l’objectif de ce règlement n’est pas de compenser intégralement les retards pris dans la commercialisation de son invention ni de compenser de tels retards en lien avec toutes les formes de commercialisation possibles de ladite invention, y compris sous la forme de compositions déclinées autour du même principe actif. | 0 |
10,273 | 16 As the Court has held previously, Member States may, by virtue of this power, allow persons benefiting from the exemptions provided for by the Directive to waive the exemption in all cases or within certain limits or subject to certain detailed rules (judgment in Case 8/81 Becker [1982] ECR 53, paragraph 38). | 17 Furthermore, particularly where there is a chain of international contracts, the parties' contractual obligations may vary from contract to contract, so that the contractual rights which the sub-buyer can enforce against his immediate seller will not necessarily be the same as those which the manufacturer will have accepted in his relationship with the first buyer. | 0 |
10,274 | 76. According to settled case-law, the principle of effective judicial protection is a general principle of Community law and it is for the courts of the Member States to ensure judicial protection of an individual’s rights under Community law (see, to that effect, Case C‑432/05 Unibet [2007] ECR I-0000, paragraphs 37 and 38, and the case-law cited). It is by applying that principle that the Court has acknowledged that it falls within the jurisdiction of the national courts to ensure that the Directive is applied and that the rights which individuals derive from it are protected by deciding upon, inter alia, the place of normal residence (see, to that effect, Louloudakis , paragraphs 57 and 70). | 32 Amongst those features, only the duration of `direct offers to the public', which depends on how that type of promotion is presented, appears capable of justifying the possibility of increasing the maximum transmission time, in order not to disadvantage such offers by comparison with spot advertisements. The fact that the products may subsequently be ordered by telephone, mail or videotext can have no relevance whatever to the increase of transmission time, since the ordering of products is a wholly separate operation from the televised presentation which is the subject-matter of the provision in question. | 0 |
10,275 | 28. Il convient de rappeler, à titre liminaire, que, selon une jurisprudence constante, dans le cadre d’un recours en manquement, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts Commission/Pays-Bas, 290/87, EU:C:1989:362, point 11; Commission/Grèce, C‑305/06, EU:C:2008:486, point 41; Commission/Italie, C‑369/11, EU:C:2013:636, point 68, et Commission/Slovaquie, C‑361/13, EU:C:2015:601, point 44). | 20. As was noted in paragraphs 3 and 4 of this judgment, the parent company of the group can, if it is to benefit from the tax integration regime, have an indirect holding in another group company only if this is done through a company which is itself a member of the integrated group and is accordingly liable to corporation tax in France. | 0 |
10,276 | 26
According to settled case-law, in the absence of harmonisation of such rules under EU law, it is for the national legal order of each Member State to establish them in accordance with the principle of procedural autonomy provided, however, that those rules are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not make it excessively difficult or impossible in practice to exercise the rights conferred by EU law (principle of effectiveness) (judgment of 15 October 2015, Nike European Operations Netherlands, C‑310/14, EU:C:2015:690, paragraph 28 and the case-law cited). | 30. Second, with regard to persons liable in Germany to unlimited taxation of income who are not economically active, the same conclusion applies, for the same reasons, to the complaint relating to Article 18 EC. | 0 |
10,277 | 49 Moreover, the protection of health contributes to the attainment of the objectives of the common agricultural policy which are laid down in Article 39(1) of the Treaty, particularly where agricultural production is directly dependent on demand amongst consumers who are increasingly concerned to protect their health (Case C-180/96 United Kingdom v Commission, cited above, paragraph 121). | 40
Nevertheless, that fact alone cannot alter the above conclusion. It is indeed settled case-law of the Court that, in the absence of EU rules in the field, it is for the national legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, provided that such rules are not less favourable than those governing similar national actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by EU law (principle of effectiveness). | 0 |
10,278 | 27 It must be observed right away that as the Court held in its judgment in Case 102/87 (France v Commission [1988] ECR 4067, at paragraph 19), aid may be such as to affect trade between the Member States and distort competition where the recipient undertaking competes with producers in other Member States, even if it does not itself export its products. Where a Member State grants aid to an undertaking, domestic production may thereby be maintained or increased with the result that undertakings established in other Member States have significantly less chance of exporting their products to the market in that Member State. Furthermore, even aid of a relatively small amount is liable to affect trade between Member States where there is strong competition in the sector in question (judgment in Case 259/85 France v Commission [1987] ECR 4393, at paragraph 24). | 24 AS THE COMMISSION STRESSED IN ITS DECISION, THE PROPOSED AID WOULD ENABLE THE UNDERTAKINGS BENEFITING FROM IT TO REDUCE THEIR INVESTMENT COSTS, THEREBY STRENGTHENING THEIR POSITION AS AGAINST THAT OF OTHER UNDERTAKINGS COMPETING WITH THEM IN THE COMMUNITY . IN VIEW OF THE INFORMATION CONTAINED IN THE DECISION CONCERNING THE SITUATION OF THE INDUSTRIES IN QUESTION IN THE COMMUNITY IN GENERAL AND FRANCE IN PARTICULAR, AND CONCERNING INTRA-COMMUNITY TRADE, AND BY VIRTUE OF THE FACT - EMPHASIZED BY THE COMMISSION IN THE PROCEEDINGS BEFORE THE COURT - THAT THE PROFIT MARGINS IN THAT SECTOR ARE ALWAYS VERY NARROW, THE COMMISSION DID NOT EXCEED THE LIMITS OF ITS DISCRETION IN TAKING THE VIEW THAT EVEN RELATIVELY LITTLE AID WOULD ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST . | 1 |
10,279 | 56. Although Directive 93/13 requires that the national court hearing disputes between consumers and sellers or suppliers take positive action unconnected with the parties to the contract (the judgments in Asbeek Brusse and de Man Garabito , C‑488/11, EU:C:2013:341, paragraph 39 and case-law cited, and Pohotovosť , EU:C:2014:101, paragraph 40 and case-law cited), the need to comply with the principle of effectiveness cannot be stretched so far as to make up fully for the total inertia on the part of the consumer concerned (see, to that effect, the judgment in Asturcom Telecomunicaciones , C‑40/08, EU:C:2009:615, paragraph 47). | 37 In its third submission, the Italian Government disputes the Commission' s power to impose a flat-rate reduction of 10% on the amount of aid paid. | 0 |
10,280 | 19. According to settled case-law, the exemptions provided for in Article 13 of the Sixth Directive have their own independent meaning in Community law which must be given a Community definition whose purpose is to avoid divergences in the application of the VAT system from one Member State to another (see, to that effect, Case C‑428/02 Fonden Marselisborg Lystbådehavn [2005] ECR I-1527, paragraph 27; Case C-498/03 Kingscrest Associates and Montecello [2005] ECR I-4427, paragraph 22; Joined Cases C‑394/04 and C-395/04 Ygeia [2005] ECR I‑10373, paragraph 15; Case C-169/04 Abbey National [2006] ECR I-4027, paragraph 38; and Case C-401/05 VDP Dental Laboratory [2006] ECR I-0000, paragraph 26). | 33. In those circumstances, it cannot be considered that the costs relating to those services were incurred for the purposes of and with a view to Investrand’s taxable activities. As the exclusive reason for those costs is not to be found in those activities, the costs have no direct and immediate link to them. | 0 |
10,281 | 36. The interpretation that Article 64(1) TFEU is not intended to cover situations falling within the freedom to provide services is also confirmed by the fact that, in contrast to the chapter concerning the free movement of capital, the chapter regulating the freedom to provide services does not contain any provision which enables service providers who are nationals of third countries and established outside the European Union to rely on those provisions, as the objective of the latter chapter is to secure the freedom to provide services for nationals of Member States (judgment in Fidium Finanz , C‑452/04, EU:C:2006:631, paragraph 25). | 39. It is clear from the explanatory notes that what differentiates the camcorders covered by subheading 8525 40 91 from those under subheading 8525 40 99 is the capability of the latter, in addition to the recording of sounds and images with the integrated camera or microphone, to be able to record sounds and images where they originate from sources other than the integrated camera or microphone. The essential characteristic of a camcorder classified under subheading 8525 40 99 is therefore, in particular, the DV-in function, that is to say its capability to record video signals from external sources. | 0 |
10,282 | 81. In the present instance, as regards the national legislation at issue in the main proceedings, it must be recalled that it is not for the Court to rule on the interpretation of provisions of national law, that being exclusively for the referring court or, as the case may be, the national courts having jurisdiction, which must determine whether the requirements set out in paragraphs 74 to 79 of this judgment are met by the provisions of the applicable national legislation (see, inter alia, judgment in Fiamingo and Others , EU:C:2014:2044, paragraph 66 and the case-law cited). | 25. As the Commission observes, many everyday dealings, in both the public and the private spheres, require proof of identity, which is usually provided by a passport. As the child Leonhard Matthias has only German nationality, the issuing of that document falls within the competence of the German authorities alone. If those authorities refuse to recognise the surname as determined and registered in Denmark, the child will be issued with a passport by those authorities in a name that is different from the name he was given in Denmark. | 0 |
10,283 | 47
It must be held that such a lack of foreseeability may have the effect of deterring non-residents from acquiring or maintaining property situated in that Member State, given that the later transfer of those assets to other non-residents would place the latter in a position of uncertainty for a longer time as regards the future taxation that might be demanded by that Member State (see, by analogy, the judgment of 15 September 2011 in Halley, C‑132/10, EU:C:2011:586, paragraphs 22 to 25). | 35. It follows that a preliminary examination under Articles 10(1) and 20(2) of Regulation No 659/1999 must lead to a decision adopting a position on the information provided (see, to that effect, NDSHT v Commission , paragraph 55 in fine ). | 0 |
10,284 | 34. As the Court has held, that case-law can be applied to agreements which, like the framework agreement on parental leave, are the product of a dialogue, based on Article 139(1) EC, between management and labour at Community level and which have been implemented in accordance with Article 139(2) EC by a directive of the Council of the European Union, of which they are thus an integral component (see Impact , paragraph 58, and Joined Cases C‑378/07 to C‑380/07 Angelidaki and Others [2009] ECR I‑0000, paragraph 195). | 44
The Court has previously held that the question whether the VAT on an earlier or later sale of the goods concerned has or has not been paid to the public purse is irrelevant to the right of the taxable person to deduct input VAT (judgment of 12 January 2006, Optigen and Others, C‑354/03, C‑355/03 and C‑484/03, EU:C:2006:16, paragraph 54). As the Direktor claimed, requiring the company concerned to actually pay the VAT due constitutes, for that company, an obstacle to deduction of the input VAT, since it requires that company to commit funds and obliges the tax authorities to return those funds when it re-registers, whereas other traders who hold assets may use them for their economic activities without being required to make such payment. | 0 |
10,285 | 35. It has already been held that national legislation intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities falls within the provisions of the Treaty on freedom of establishment (see Test Claimants in the FII Group Litigation , paragraph 37, and Case C‑81/09 Idrima Tipou [2010] ECR I‑0000, paragraph 47). On the other hand, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking must be examined exclusively in light of the free movement of capital (see, to this effect, Test Claimants in the FII Group Litigation , paragraph 38, and Case C‑182/08 Glaxo Wellcome [2009] ECR I‑8591, paragraphs 40 and 45 to 52). | 35. In addition, the Commission has, in exercising the power conferred upon it by the Council for the implementation of Article 24 of the Community Customs Code, a margin of discretion which allows it to define the abstract concepts of that provision with reference to specific working or processing operations (see Case 162/82 Cousin and Others [1983] ECR 1101, paragraph 17). | 0 |
10,286 | 33. The interpretation and application of the condition contained in Article 81(1) EC relating to the effect of agreements on trade between Member States must take as its starting-point the purpose of that condition, which is to define, in the context of the law governing competition, the boundary between the areas respectively covered by Community law and the law of the Member States. Thus, Community law covers any agreement or any practice which is capable of affecting trade between Member States in a manner which might harm the attainment of the objectives of a single market between the Member States, in particular by sealing off national markets or by affecting the structure of competition within the common market (see Manfredi and Others , paragraph 41). | 28 In that regard, as the documents before the Court show, it is undisputed that the vitamin C content of the products in question is much greater than what is necessary or recommended for general dietary purposes. Furthermore, besides assisting the immune system of the human organism to resist infections in cases of, inter alia, asthenia or severe strain, such doses of vitamin C, which the human body is incapable of making for itself, are also recommended as treatment for allergic reactions and severe traumatisms, of the kind which may result from an injury or a surgical operation, or to combat deficiency-related illnesses, such as scurvy or Moeller-Barlow disease. | 0 |
10,287 | 29. It should be noted that Article 1 of the Regulation clearly establishes the principle of freedom to provide maritime cabotage services within the Community (Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 20). | 86. The Court has held in this regard that, on grounds of legal certainty, the effects of such an act may be maintained, in particular where the immediate effects of its annulment would give rise to serious negative consequences for the persons concerned and where the lawfulness of the act in question is contested, not because of its aim or content, but on grounds of lack of competence or infringement of an essential procedural requirement. Those grounds include, in particular, the fact that an incorrect legal basis was used for the contested act (see judgment in Parliament and Commission v Council , C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 90 and the case-law cited). | 0 |
10,288 | 96. Admittedly, in proceedings concerning an action against a decision of an appeal board of OHIM on an opposition to registration of a mark based on the likelihood of confusion with an earlier mark, OHIM cannot alter the terms of the dispute before the Court of First Instance, as delimited in the respective claims and allegations of the applicant for registration and of the opposing party (see, to that effect, Case C‑106/03 P Vedial v OHIM [2004] ECR I-9573, paragraph 26, and, by analogy, Case C-447/02 P KWS Saat v OHIM [2004] ECR I-10107, paragraph 58). | Par ailleurs, comme le Tribunal l’a également fait observer au point 98 de l’arrêt attaqué, la notion de prévisibilité dans
ce contexte dépend dans une large mesure du contenu du texte dont il s’agit, du domaine qu’il couvre ainsi que du nombre et
de la qualité de ses destinataires (arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P
à C‑208/02 P et C‑213/02 P, EU:C:2005:408, point 219). | 0 |
10,289 | 23
It should be observed as a preliminary point that, according to the Court’s settled case-law, in the procedure laid down by Article 267 TFEU, providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. With this in mind, the Court may have to reformulate the questions referred to it. The Court may also find it necessary to consider provisions of EU law to which the national court has not referred in its questions (judgment of 1 February 2017, Município de Palmela, C‑144/16, EU:C:2017:76, paragraph 20 and the case-law cited). | 39. In that regard, the more the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstances, the lower the level of indiscriminate violence required for him to be eligible for subsidiary protection. | 0 |
10,290 | 33. The Court has also held that the activities of undertakings providing surveillance and protection services are not normally directly and specifically connected with the exercise of official authority (see Commission v Belgium , paragraph 26, and Case C‑283/99 Commission v Italy , paragraph 20). | 35. Workers who have been unfairly dismissed are in a comparable situation in so far as they are entitled to compensation where they are not reinstated. | 0 |
10,291 | 28 Article 17(5) of the Sixth Directive, in the light of which Article 17(2) must be interpreted, lays down the rules applicable to the right to deduct VAT where the VAT relates to input transactions used by the taxable person both for transactions covered by paragraphs 2 and 3, in respect of which value added tax is deductible, and for transactions in respect of which value added tax is not deductible, limiting the right of deduction to that portion of the VAT which is attributable to the former transactions. The use of the words for transactions in Article 17(5) shows that, in order to give rise to the right to deduct under paragraph 2, the goods or services acquired must have a direct and immediate link with the output transactions in respect of which VAT is deductible, and that the ultimate aim pursued by the taxable person is irrelevant in this respect (see BLP Group, paragraphs 18 and 19, Midland Bank, paragraph 20, and Abbey National, paragraph 25). | 67. La compétence de pleine juridiction conférée au juge communautaire à l’article 91, paragraphe 1, du statut l’investit de la mission de donner aux litiges dont il est saisi une solution complète, c’est-à-dire de statuer sur l’ensemble des droits et des obligations de l’agent, sauf à renvoyer à l’institution en cause, et sous son contrôle, l’exécution de telle partie de l’arrêt dans les conditions précises qu’il fixe. | 0 |
10,292 | 46. The national authorities being required to ensure that the duty, once chargeable, is in fact collected (see Van de Water , cited above, paragraph 41), the purpose of Article 20 of the Directive is in particular to determine the Member State entitled to collect the excise duty on the products where, in the course of a movement, an offence or infringement has been committed. | 76 Admittedly, the Commission cannot, by a mechanical recourse to arithmetical formulae alone, divest itself of its own power of assessment. However, it may in its decision give reasons going beyond the requirements set out in paragraph 73 of this judgment, inter alia by indicating the figures which, especially in regard to the desired deterrent effect, influenced the exercise of its discretion when setting the fines imposed on a number of undertakings which participated, in different degrees, in the infringement. | 0 |
10,293 | 14. The Court has consistently held that the right to deduct provided for in Article 17 et seq. of the Sixth Directive is an integral part of the VAT scheme and, in principle, may not be limited (Case C‑243/03 Commission v France [2005] ECR I‑8411, paragraph 28 and the case‑law cited). | 54. Such an interpretation is all the more appropriate since, as the Advocate General observed in point 118 of his Opinion, during the investigation the positions of the representatives of the Community industry may change in opposite directions. Such variations cannot impede the proper conduct of the investigation at issue. | 0 |
10,294 | 17 It must be observed, first of all, that, according to settled case-law, Community law does not detract from the powers of the Member States to organise their social security systems (Case 238/82 Duphar and Others v Netherlands [1984] ECR 523, paragraph 16, and Case C-70/95 Sodemare and Others v Regione Lombardia [1997] ECR I-3395, paragraph 27). | 102. Il y a lieu de rappeler à titre liminaire que la question de savoir si la motivation d’un arrêt du Tribunal est contradictoire ou insuffisante constitue une question de droit pouvant, en tant que telle, être invoquée dans le cadre d’un pourvoi (voir, notamment, arrêts du 7 mai 1998, Somaco/Commission, C‑401/96 P, Rec. p. I‑2587, point 53, et du 8 février 2007, Groupe Danone/Commission, C‑3/06 P, Rec. p. I‑1331, point 45). | 0 |
10,295 | 51. According to settled case-law concerning those articles, if an agreement, decision or practice is to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability, on the basis of a set of objective factors of law or of fact, that it may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in such a way as to cause concern that it might hinder the attainment of a single market between Member States (judgments in Asnef-Equifax and Administración del Estado , C‑238/05, EU:C:2006:734, paragraph 34 and the case-law cited; Erste Group Bank and Others v Commission , C‑125/07 P, C‑133/07 P and C‑137/07 P, EU:C:2009:576, paragraph 36; and Ordem dos Técnicos Oficiais de Contas , C‑1/12, EU:C:2013:127, paragraph 65). | 22. À cet égard, l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures fixant un cadre réglementaire de nature à réaliser cet objectif (voir, en ce sens, arrêt Commission/France, C-292/99, précité, point 39, et voir arrêt du 4 octobre 2007, Commission/Finlande, C‑523/06, point 13). | 0 |
10,296 | 24. The provisions of Regulation No 4055/86 are an integral part of the legal order of all of the States that are parties to the EEA Agreement by virtue of Article 7(a) of the EEA Agreement and Annex XIII thereto. That regulation and those provisions of the EEA Agreement contain rules relating to the applicability of the freedom to provide services in the shipping industry between States that are parties to the EEA Agreement and between those States and third countries (see, to that effect, Corsica Ferries (France) , C‑49/89, EU:C:1989:649, paragraph 13; Commission v Italy , C‑295/00, EU:C:2002:100, paragraph 9; and Sea-Land Service and Nedlloyd Lijnen , C‑430/99 and C‑431/99, EU:C:2002:364, paragraph 30). | 65. As regards the wording of that provision in its different language versions, there are no divergences comparable to those described in paragraphs 53 and 54 above. | 0 |
10,297 | 46. In that regard, the Court has already ruled on the meaning of ‘necessary adaptations’ in the context of acts of accession, holding that the adaptation measures provided for by such acts, as a general rule, authorise only adaptations intended to render earlier Community measures applicable in the new Member States, to the exclusion of all other amendments (see, to that effect, in relation to Article 169 of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21), Case C‑259/95 Parliament v Council [1997] ECR I‑5303, paragraphs 14 and 19; and, in respect of Article 57 of the Act of Accession, Case C‑413/04 Parliament v Council [2006] ECR I‑11221, paragraphs 31 to 38, and Case C‑414/04 Parliament v Council [2006] ECR I‑11279, paragraphs 29 to 36). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,298 | 57. It should be recalled that the Court has already accepted that the need to preserve the cohesion of a tax system may justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty (Case C‑204/90 Bachmann [1992] ECR I‑249, paragraph 21; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 42; Case C‑157/07 Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt [2008] ECR I‑8061, paragraph 43; and Commission v Belgium , paragraph 70). | 38. Next, regarding the aim of Directive 2001/29, it should be noted that it is clear from recitals 2 and 5 thereto that that directive seeks to create a general and flexible framework at EU level in order to foster the development of the information society and to adapt and supplement the current law on copyright and related rights in order to respond to technological development, which has created new ways of performing protected works. | 0 |
10,299 | 51
That said, according to case-law, when new elements change the perception of a risk or show that that risk can be contained by less restrictive measures than the existing measures, it is for the institutions and in particular the Commission, which has the power of legislative initiative, to bring about an amendment to the rules in the light of the new information (judgment of 12 January 2006, Agrarproduktion Staebelow, C‑504/04, EU:C:2006:30, paragraph 40). Accordingly, in the present case, it is for the Commission, under Article 16(3) of Directive 2000/29, to assess periodically, as has already been stated in paragraph 44 above, whether the measures taken in order to address the particular risk to plant health must be amended or repealed. | 19. According to settled case-law, medical services supplied for consideration fall within the scope of the provisions on the freedom to provide services, there being no need to distinguish between care provided in a hospital environment and care provided outside such an environment (Case C-372/04 Watts [2006] ECR I‑4325, paragraph 86 and the case-law cited). | 0 |
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