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10,300 | 76. As a rule, a complete lack of any call for competition in the case of the award of a public service contract like that at issue in the main proceedings does not comply with the requirements of Articles 43 EC and 49 EC any more than with the principles of equal treatment, non-discrimination and transparency (see, by analogy, Parking Brixen , paragraph 50, and ANAV , paragraph 22). | 21 As regards the concept of "television broadcasting", the definition given in Article 1(a) of Directive 89/552 cannot be interpreted as a restriction of its scope. Article 2(2), which forms part of Chapter II of Directive 89/552, entitled "General provisions", provides that Member States are to ensure freedom of reception and are not to restrict retransmission on their territory of television broadcasts from other Member States; cable retransmission is not excluded. | 0 |
10,301 | 36
In order to ascertain whether the Kingdom of Spain has divested the legislation at issue in the main proceedings of its character as a State measure, it is necessary to examine, firstly, whether it delegated the drafting of the tariff of procuradores’ charges to private operators, in this case to the professional associations of procuradores (see, to that effect, judgments of 19 February 2002, Arduino , C‑35/99, EU:C:2002:97, paragraph 36; of 5 December 2006, Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 48; and order of 5 May 2008, Hospital Consulting and Others , C‑386/07, not published, EU:C:2008:256, paragraph 21) and, secondly, whether the determination of the fees remains under State control (see, to that effect, judgments of 19 February 2002, Arduino, C‑35/99,EU:C:2002:97, paragraph 42; of 5 December 2006, Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 51; and order of 5 May 2008, Hospital Consulting and Others, C‑386/07, not published, EU:C:2008:256, paragraph 24). | 50. Cette obligation de formulation est d’autant plus importante qu’une juridiction nationale est tenue d’apprécier le caractère abusif d’une clause rédigée en violation de celle-ci, quand bien même cette clause pourrait être analysée comme relevant de l’exclusion prévue à l’article 4, paragraphe 2, de la directive 93/13. En effet, il convient de rappeler que les clauses visées par cette disposition, tout en relevant du domaine régi par cette directive, n’échappent à l’appréciation de leur caractère abusif que dans la mesure où la juridiction nationale compétente estime, à la suite d’un examen au cas par cas, qu’elles ont été rédigées par le professionnel de façon claire et compréhensible (arrêt Caja de Ahorros y Monte de Piedad de Madrid, C‑484/08, EU:C:2010:309, point 32, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 72). | 0 |
10,302 | 41. In that connection, regard must be had to the settled case-law of the Court to the effect that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the competent courts are satisfied (see, in particular, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 42, and Case C-347/00 Barreira Pérez [2002] ECR I-8191, paragraph 44). | 33. À cet égard, conformément à l’article 5 du règlement nº 469/2009, un CCP délivré en lien avec un produit confère, à l’expiration du brevet de base, les mêmes droits que ceux qui étaient conférés par ce brevet de base à l’égard de ce produit, dans les limites de la protection conférée par ledit brevet telles qu’énoncées à l’article 4 de ce règlement. Partant, si le titulaire de ce même brevet pouvait, pendant la période de validité de celui-ci, s’opposer, sur le fondement de son brevet, à l’utilisation ou à certaines utilisations de son produit sous la forme d’un médicament consistant en un tel produit ou contenant celui-ci, le CCP délivré à l’égard de ce même produit lui conférera les mêmes droits pour toute utilisation du produit, en tant que médicament, qui a été autorisée avant l’expiration dudit certificat (voir arrêts précités Medeva, point 39, et Georgetown University e.a., point 32, ainsi que ordonnances précitées University of Queensland et CSL, point 34, et Daiichi Sankyo, point 29). | 0 |
10,303 | 82. In that regard, it is sufficient to refer to the established case-law that European Union competition law refers to the activities of undertakings (see, inter alia, Joined Cases C‑204/00 P C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraph 59), that the concept of an undertaking must be understood as designating an economic unit even if in law that economic unit consists of several persons, natural or legal (see, inter alia, Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 40) and that, when such an economic entity infringes the competition rules, it falls, according to the principle of personal responsibility, to that entity to answer for that infringement ( Akzo Nobel and Others v Commission , paragraph 56 and the case-law cited). | 70. Procedure 3 cannot be justified on the basis of Directive 96/96, since, contrary to Article 3(2) of that Directive, it does not incorporate the principle of recognition of documents issued by the other Member States which certify that a vehicle has passed a roadworthiness test. | 0 |
10,304 | 46. However, when those criteria are applied, account must be taken of the fact that the perception of the average consumer is not necessarily the same in relation to a three-dimensional mark consisting of the appearance of the product itself as it is in relation to a word or figurative mark consisting of a sign which is independent of the appearance of the products it designates. Average consumers are not in the habit of making assumptions about the origin of products on the basis of their shape or the shape of their packaging in the absence of any graphic or word element, and it could therefore prove more difficult to establish distinctive character in relation to such a three-dimensional mark than in relation to a word or figurative mark (see, in particular, Mag Instrument v OHIM , paragraph 30; Deutsche SiSi-Werke v OHIM , paragraph 28, and Storck v OHIM , paragraph 27). | 52
Conformément à l’article 4 dudit règlement, sauf dispositions contraires de celui-ci, la loi applicable à une telle obligation non contractuelle est celle du pays où le dommage est survenu, à savoir, dans les affaires au principal, celui où le dommage résultant directement de l’accident est subi (voir, en ce sens, arrêt Lazar, C‑350/14, EU:C:2015:802, point 24). Selon l’article 15, sous a) et b), du règlement Rome II, cette loi déterminera les conditions et l’étendue de la responsabilité ainsi que les causes de partage de cette responsabilité. | 0 |
10,305 | 70. According to settled case-law, the various language versions of a provision of Community law must be uniformly interpreted and, in the case of divergence between those versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (Case C-257/00 Givane and Others [2003] ECR I-345, paragraph 37, and the case-law cited). | 9 ARTICLE 67 ( 3 ) OF REGULATION NO 1408/71 LAYS DOWN THE RULE THAT , EXCEPT WHERE OTHERWISE PROVIDED , AN UNEMPLOYED PERSON MAY CLAIM UNEMPLOYMENT BENEFITS ONLY IF HE HAS COMPLETED LASTLY PERIODS OF INSURANCE OR OF EMPLOYMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LEGISLATION UNDER WHICH THE BENEFITS ARE CLAIMED .
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10,306 | 7 THE QUESTIONS AS A WHOLE ARE CONCERNED TO ESTABLISH THE OBLIGATIONS IMPOSED ON THE MEMBER STATES BY ARTICLES 8 AND 9 OF DIRECTIVE NO 64/221 WITH REGARD TO THE PROTECTION TO BE AFFORDED BY THE COURTS TO A PERSON AGAINST WHOM AN EXPULSION ORDER IS MADE . SPECIFICALLY , CLARIFICATION IS REQUESTED OF THE OBLIGATIONS OF THE MEMBER STATES UNDER THE DIRECTIVE WITH REGARD TO THE SUSPENSORY EFFECT OF APPLICATIONS AGAINST SUCH A MEASURE OF THE RIGHT TO OBTAIN A SUSPENSION OF SUCH MEASURES AND THE EVALUATION OF THE CONCEPT OF ' ' URGENCY ' ' APPEARING IN ARTICLE 9 OF THE DIRECTIVE . THE NATIONAL COURT , IN SUBMITTING THOSE QUESTIONS , REFERS ON THE ONE HAND TO CERTAIN ASPECTS OF THE CASE-LAW OF THE COURT RESULTING FROM THE JUDGMENT OF 8 APRIL 1976 IN CASE 48/75 , ROYER , ( 1976 ) ECR 497 ), AND ON THE OTHER TO THE CONCEPT OF ' ' A FAIR HEARING ' ' CONTAINED IN ARTICLE 6 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS .
THE INTERPRETATION OF ARTICLE 8 OF THE DIRECTIVE | 62. Accordingly, since it classifies machines capable of performing printing, electronic scanning and reproduction operations under subheading 9009 12 00 by application of General Rules 1, 3(c) and 6, of Note 5(E) to Chapter 84 of the CN and of the wording of heading and subheading 9009 and 9009 12 00, on the ground that none of the functions corresponding to those operations can be regarded as a giving those machines their essential character, without, in principle, requiring all machines having those three functions to be classified as photocopiers, Regulation No 400/2006 is valid. | 0 |
10,307 | 40
Moreover, there is nothing in the file submitted to the Court to suggest that there is, in the present case, a particular measure allowing legal persons, which do not in any event fall within Article 5(2)(b) of Directive 2001/29, to request to be exempted from contributing to the financing of that compensation or, at least, to seek reimbursement (see, in that regard, judgments of 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraphs 25 to 31 and 37, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 45) under the detailed rules that it is solely for the Member States to establish. | La Commission se prévaut des arrêts Commission/Espagne (C‑147/94, EU:C:1995:111, point 5); Commission/Allemagne (C‑298/95,
EU:C:1996:501, point 18); Commission/Autriche (C‑358/03, EU:C:2004:824, point 13), et Commission/Italie (C‑119/04, EU:C:2006:489,
point 25) pour ajouter que la République hellénique ne saurait invoquer ni les évolutions politiques, telles que la suspension
des travaux du Parlement national en raison des élections, ni les difficultés graves et objectives concernant l’application,
en l’absence de législation de l’Union, d’un système de paiement proportionnel de la taxe d’immatriculation, pour justifier
la persistance du manquement. En tout état de cause, le délai fixé dans l’avis motivé aurait expiré le 21 janvier 2013. | 0 |
10,308 | 52. Furthermore it is settled case-law that the basic regulation allows the Commission to charge to the EAGGF only sums paid in accordance with the rules laid down in the various agricultural sectors (see, inter alia, Case 327/85 Netherlands v Commission [1988] ECR 1065, paragraph 24; Case C-197/90 Italy v Commission [1992] ECR I-1, paragraph 38; and Case C-118/99 France v Commission [2002] ECR I‑747, paragraph 38) and requires it to refuse financing of expenditure when it finds that irregularities have occurred (Case C-157/00 Greece v Commission [2003] ECR I-153, paragraph 44). | 23 That argument cannot be upheld. Article 7 of the Directive requires, having regard to the specific nature of the subject-matter of the investigation, that is to say the environment into which the discharge is to be made, that the investigation should have a specific objective, that is to say the study of the hydrogeological conditions of the area concerned, the possible purifying powers of the soil and subsoil and other factors; indeed, it is for that reason that the provision gives a precise indication of the factors which must be covered by the prior investigation. It thus makes the grant of authorization subject to precise and detailed conditions which must be regarded as mandatory in order to achieve the aim of the Directive. It follows that national legislation which defines in a vague and general manner a number of criteria and technical standards for the use of water cannot be regarded as complying with the requirements of the Directive. | 0 |
10,309 | 153
The determination, in the context of the internal relationship of those held jointly and severally liable for payment of a fine, of the shares each of them is required to pay does not pursue that dual objective. That is a contentious issue, to be resolved at a later stage, and, in principle, the Commission no longer has any interest in the matter, where the fine has been paid in full by one or more of those held liable. Accordingly, the Commission cannot be required to determine such shares (see, to that effect, judgment of 10 April 2014, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission, C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraphs 60 to 64). | 44. Thus it is that, whenever the Community has included in its internal legislative acts provisions relating to the treatment of nationals of non-member countries or expressly conferred on its institutions powers to negotiate with non-member countries, it acquires an exclusive external competence in the spheres covered by those acts ( Commission v Luxembourg , paragraph 89). | 0 |
10,310 | 10 In considering this plea as to inadequacy of the statement of reasons, it must be borne in mind that the Court has consistently held (in particular in Case 327/85 Netherlands v Commission [1988] ECR 1065, paragraph 13) that the extent of the duty to state the reasons on which a decision is based, laid down in Article 190 of the EEC Treaty, depends on the nature of the act in question and on the context in which it was adopted. | 75. À cet égard, il ne ressort d’aucun élément de l’arrêt attaqué que le Tribunal a tenu compte de l’évolution de la réglementation de l’Union depuis la résolution 1929 (2010) du Conseil de sécurité. | 0 |
10,311 | 34. In the context of that procedure for making a reference, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, with full knowledge of the matter before it, the need for a preliminary ruling to enable it to give judgment (Case C-83/91 Meilicke [1992] ECR I-4871, paragraph 23; C-146/93 McLachlan [1994] ECR I-3229, paragraph 20; Case C-412/93 Leclerc-Siplec [1995] ECR I-179, paragraph 10; and C-167/01 Inspire Art [2003] ECR I-10155, paragraph 43. | 19. Mr Rehder, who resides in Munich, booked a flight from Munich to Vilnius with Air Baltic, the registered office of which is in Riga (Latvia). The distance between Munich and Villnius is slightly less that 1 500 kilometres. Approximately 30 minutes before the scheduled time of departure from Munich, passengers were informed that their flight had been cancelled. After his booking had been changed by Air Baltic, the applicant took a flight via Copenhagen to Vilnius, where he arrived more than six hours after the flight which he had initially booked should have landed. | 0 |
10,312 | 80. As a preliminary point, it is appropriate to observe, first, that the purpose of Article 2 of the Directive is to define the types of signs of which a trade mark may consist (Case C-273/00 Sieckmann [2002] ECR I-11737, paragraph 43), irrespective of the goods or services for which protection might be sought (see to that effect Sieckmann , paragraphs 43 to 55, Libertel , paragraphs 22 to 42, and Case C-283/01 Shield Mark [2003] ECR I-0000, paragraphs 34 to 41). It provides that a trade mark may consist inter alia of " words" and " letters" , provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings. | 60. Nonetheless, for the principle of non-discrimination on the ground of sexual orientation to apply in a case such as that at issue in the main proceedings, that case must fall within the scope of European Union law (see Kücükdeveci , paragraph 23). | 0 |
10,313 | 33. According to settled case-law, persons other than those to whom a decision is addressed may claim to be individually concerned only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of those factors distinguishes them individually just as in the case of the person addressed (see, among others, Case 25/62 Plaumann v Commission [1963] ECR 95; Case C-198/91 Cook v Commission [1993] ECR I‑2487, paragraph 20, and Case C-298/00 P Italy v Commission [2004] ECR I-4087, paragraph 36). | 11 It should be noted that the period prescribed for the transposition of Directive 80/987 expired only on 23 October 1983 and that both the declarations of insolvency and the termination of the employment relationships at issue in the main proceedings occurred before the said period had expired. | 0 |
10,314 | 35 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 64. It is apparent from paragraphs 24 and 25 above that it is unnecessary to show that the users of such files actually make copies for private use, as such users are rightly presumed to benefit fully from the making available of those files. It follows that if a rightholder allows a natural person to use such files, by making them available to that person, the simple fact that those files may be used for the purpose of reproducing protected works justifies the application of the private copying levy. | 0 |
10,315 | 27. Indeed, when it falls to the European Union judicature to review the legality of Commission decisions imposing fines for infringements of the EU competition rules, it cannot encroach upon the discretion available to the Commission in the administrative proceedings by substituting its own assessment of complex economic circumstances for that of the Commission, but, where relevant, must demonstrate that the way in which the Commission reached its conclusions was not justified in law (see, to that effect, Case C‑441/07 P Commission v Alrosa [2010] ECR I‑5949, paragraph 67). | 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 |
10,316 | 96. In that regard, it follows from that case-law that that obligation is not satisfied if the Commission’s complaints are set out in the application only in the form of a reference to the grounds stated in the formal letter and in the reasoned opinion, or again in the part of the application devoted to the legal background (see, to that effect, inter alia, Case C-52/90 Commission v Denmark [1992] ECR I-2187, paragraphs 17 and 18; Case C-375/95 Commission v Greece [1997] ECR I-5981, paragraph 35; and Case C-202/99 Commission v Italy [2001] ECR I-9319, paragraphs 20 and 21). | 59. However, if the latter have acquired an autonomous right of access to the employment market of the host Member State and, as a corollary, a right of residence there, those rights may no longer be called into question on account of irregularities which, in the past, affected the Turkish worker's right of residence. | 0 |
10,317 | 75. As regards, in that respect, InnoLux’s argument that taking those sales into account in order to calculate the fine imposed for breach of Article 101 TFEU is likely to result in the same anti-competitive conduct giving rise to concurrent penalties imposed by the competition authorities of a non-member State, it must be pointed out that, contrary to the Commission’s contentions, that claim is admissible at the appeal stage in the light of Article 170(1) of the Rules of Procedure of the Court, since it does not change the subject-matter of the proceedings. However, it must be borne in mind that, as the Court has held, neither the principle non bis in idem nor any other principle of law obliges the Commission to take account of proceedings and penalties to which the undertaking has been subject in non-member States (see judgments in Showa Denko v Commission , C‑289/04 P, EU:C:2006:431, paragraphs 52 to 58; SGL Carbon v Commission , C‑308/04 P, EU:C:2006:433, paragraphs 28 to 34; and SGL Carbon v Commission , C‑328/05 P, EU:C:2007:277, paragraphs 24 to 35). | 70. Moreover, Article 11(3) of the TIR Convention contains two separate sentences referring to periods of different length. The first period mentioned, a period of three months, is a period for payment, while the second period mentioned, a period of two years from the claim for payment by the customs authorities to the guaranteeing association, relates to proof that there was no irregularity in connection with the transport operation in question. It is not therefore certain that the reference to that provision relates only to the first period mentioned. | 0 |
10,318 | 22. However, the Court has also held that in exceptional circumstances it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community 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 it (see PreussenElektra , cited above, paragraph 39, and Canal Satélite Digital , cited above, paragraph 19). | 37. Thus, by Decision 2001/246, based on Article 10 of Directive 90/425 and Article 13(3) of Directive 85/511, the Commission authorised the suppressive vaccination and pre-emptive killing of animals, the latter measure designating, according to Article 1 of that decision, the killing of susceptible animals on holdings within a certain radius around holdings placed under the restrictions defined in Article 4 or 5 of Directive 85/511, aimed at the urgent reduction of numbers of animals of susceptible species in an infected area. | 0 |
10,319 | 28. In so far as the referring court seeks to ascertain whether the Member State can require that the payment of adjustment contributions is made by a single payment together with interest at an annual rate of 10%, it should be noted that any measure taken by a Member State in order to comply with the norms of Community law, such as the principle of equal treatment between men and women, must be effective (see, to that effect Fisscher , paragraph 31; Preston and Others , paragraphs 40 to 42; Case C-187/00 Kutz-Bauer [2003] ECR I-2741, paragraph 57, and Case C-212/04 Adeneler and Others [2006] ECR I-6057, paragraph 95). Consequently, it was for the Belgian legislature, when it adopted the Royal Decree of 25 June 1997 in order to put the air hostesses in the same position as that of stewards, to fix the method of the adjustment in such a way that it would not be impossible or excessively difficult in practice. | 58. En outre, il découle d’une jurisprudence bien établie que, lorsqu’une directive prévoit expressément que les dispositions de transposition de cette directive contiennent une référence à celle-ci ou sont accompagnées d’une telle référence lors de leur publication officielle, il est en tout état de cause nécessaire d’adopter un acte positif de transposition (voir, notamment, arrêt du 17 mars 2011, Commission/Pologne, C‑326/09, point 22 et jurisprudence citée). | 0 |
10,320 | 53. However, that requirement cannot be stretched so far as to mean that in every case the statement of the complaints set out in the letter of formal notice, the wording of the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings, as defined in the reasoned opinion, has not been extended or altered (see, inter alia, Commission v Germany, paragraph 56, and Commission v Spain , paragraph 19). | 31 AS ARTICLE 90 ( 3 ) DOES IN FACT CONCERN THE POWERS OF THE INSTITUTIONS AND AS THE CONTESTED DIRECTIVE IMPOSES OBLIGATIONS ON MEMBER STATES IN THE SPHERE OF AIDS , ON WHICH THE ECSC TREATY ITSELF CONTAINS RULES AFFECTING MEMBER STATES AND UNDERTAKINGS OPERATING ON THE MARKET IN COAL AND STEEL , IT FOLLOWS DIRECTLY FROM ARTICLE 232 OF THE EEC TREATY THAT THE CONTESTED DIRECTIVE CANNOT APPLY TO RELATIONS WITH SUCH UNDERTAKINGS . FOR THAT REASON , THE DIRECTIVE IS NOT VITIATED BY ANY ILLEGALITY ON THAT POINT , ALTHOUGH IT WOULD UNDOUBTEDLY HAVE BEEN PREFERABLE IN THE INTEREST OF LEGAL CLARITY IF THE EXCLUSION OF THOSE UNDERTAKINGS HAD BEEN APPARENT FROM THE ACTUAL TERMS OF THE DIRECTIVE .
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10,321 | 29. In that regard, the Court has held that, according to recitals 6 and 7 to Directive 2004/114, that directive is intended to promote the mobility of students who are third-country nationals to the European Union for the purpose of education, that mobility being intended to promote Europe as a world centre of excellence for studies and vocational training ( Sommer , C‑15/11, EU:C:2012:371, paragraph 39). In particular, recital 6 to the directive states that the approximation of the national legislation of the Member States relating to the conditions of entry and residence is part of that objective. | 31. In this context, attention is to be drawn to the very particular nature of medicinal products, whose therapeutic effects distinguish them substantially from other goods (see, to this effect, Case C-369/88 Delattre [1991] ECR I‑1487, paragraph 54). | 0 |
10,322 | 42 It should be noted that it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict for any person concerned the opportunity of relying upon a provision which it has interpreted with a view to calling in question legal relationships established in good faith (Case C-104/98 Buchner and Others v Sozialversicherungsanstalt der Bauern [2000] ECR I-3625, paragraph 39). Two essential criteria must be fulfilled before such a limitation can be imposed, namely that those concerned should have acted in good faith and that there should be a risk of serious difficulties (Case C-57/93 Vroege v NCIV [1994] ECR I-4541, paragraph 21). | 21 According to its established case-law, the Court may exceptionally, having regard to the general principle of legal certainty inherent in the Community legal order and the serious difficulties which its judgment may create as regards the past for legal relations established in good faith, find it necessary to limit the possibility for interested parties, relying on the Court' s interpretation of a provision, to call in question those legal relations (see the Defrenne judgment, cited above). The Court was therefore concerned to establish that the two essential criteria were fulfilled for deciding to impose such a limitation, namely that those concerned should have acted in good faith and that there should be a risk of serious difficulties. | 1 |
10,323 | 103 In allowing, in certain circumstances, derogations from the general rules of the Treaty, Article 90(2) of the Treaty seeks to reconcile the Member States' interest in using certain undertakings, in particular in the public sector, as an instrument of economic or fiscal policy with the Community's interest in ensuring compliance with the rules on competition and preservation of the unity of the common market (Case C-202/88 France v Commission [1991] ECR I-1223, paragraph 12, and Case C-157/94 Commission v Netherlands [1997] ECR I-5699, paragraph 39). | 41 A measure such as that at issue in the main proceedings, whose purported aim is to abolish a de facto inequality, might nevertheless also help to perpetuate a traditional division of roles between men and women. | 0 |
10,324 | 91. In that regard, it should be recalled that the Court has previously held that it is for each Member State to assess whether, in the context of the legitimate aims which it pursues, it is necessary wholly or partially to prohibit activities of that nature, or only to restrict them and to lay down more or less strict supervisory rules for that purpose, the need for and proportionality of the measures thus adopted having to be assessed solely in relation to the objectives thus pursued and the level of protection which the national authorities concerned seek to ensure (see, in particular, Läärä and Others , paragraphs 35 and 36; Zenatti , paragraphs 33 and 34; and Liga Portuguesa de Futebol Profissional and Bwin International , paragraph 58). | 4 HAVING REGARD TO THE OBJECTIVES OF THE COMMUNITY, THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY . | 0 |
10,325 | 36. In the same vein, the Court has already held that Article 13 EC (now Article 19 TFEU) could not, as such, bring within the scope of EU law, for the purposes of the application of fundamental rights as general principles of EU law, a national measure which does not come within the framework of the measures adopted on the basis of that article (see, to that effect, Case C‑427/06 Bartsch EU:C:2008:517, paragraph 18; Case C‑555/07 Kücükdeveci EU:C:2010:21, paragraph 25; and Case C‑147/08 Römer EU:C:2011:286, paragraph 61). Consequently, the mere fact that a national measure comes within an area in which the European Union has powers cannot bring it within the scope of EU law, and, therefore, cannot render the Charter applicable (see, to that effect, Joined Cases C‑483/09 and C‑1/10 Gueye and Salmerón Sánchez EU:C:2011:583, paragraphs 55, 69 and 70, and Case C‑370/12 Pringle EU:C:2012:756, paragraphs 104, 105, 180 and 181). | 69. Lastly, it is clear that the fact that it is mandatory to impose an injunction to stay away in accordance with the substantive law at issue in the main proceedings does not, per se, fall within the scope of the Framework Decision and, accordingly, it cannot, in any event, be assessed in the light of the provisions of the Charter of Fundamental Rights of the European Union. | 1 |
10,326 | 31. In that connection, it should be noted that, for the purposes of identifying the court with jurisdiction in relation to contracts for the sale of goods or the provision of services, Article 5(1) of Regulation No 44/2001 identifies as a connecting factor the obligation which characterises the contract in question (see, to that effect, Case C‑533/07 Falco Privatstiftung and Rabitsch [2009] ECR I-0000, paragraph 54). | 14 Furthermore, according to the same case-law, that consideration must be capable of being expressed in money (judgments in Coöperatieve Aardappelenbewaarplaats, paragraph 13; Naturally Yours Cosmetics, paragraph 16, and Argos Distributors, paragraph 17). | 0 |
10,327 | 77. It must be emphasised that, although the detailed rules for the grant of the service credit provided for under the scheme at issue in the main proceedings are intended to apply solely to pensions which, in all essential respects, are awarded after the entry into force of that scheme, the fact remains that the latter scheme may have the effect of depriving in the future certain male civil servants of a right they have enjoyed by virtue of the direct effect of Article 141 EC. Although EU law does not preclude a Member State from doing so, any measures it does adopt must inter alia observe the principle of equal treatment of men and women (see to that effect, Roks and Others , C‑343/92, EU:C:1994:71, paragraphs 29 and 30). | 23 TAKING INTO ACCOUNT WHAT HAS ALREADY BEEN SAID WITH REGARD TO THE ADMISSIBILITY OF THE ACTION , THIS LAST SUBMISSION SHOULD BE CONSIDERED FIRST .
| 0 |
10,328 | 40. However, when giving a preliminary ruling the Court may, where appropriate, provide clarification designed to give the national court guidance in its interpretation (see, inter alia, Case C-79/01 Payroll and Others [2002] ECR I‑8923, paragraph 29, and Manfredi and Others , paragraph 48). | 14 Whilst admitting that the cream in question does not have the same long-term effect as surgical lifting, Lancaster maintains that it nevertheless has a significant firming effect. It denies that the expectations entertained by the public with regard to this cream are those alleged by Estée Lauder. It submits that, in any event, the order sought would, if granted, be contrary to Articles 30 and 36 of the Treaty. Nor is there any justification for the expenditure that would be entailed by the adoption of a new name for the product if Lancaster had to repackage it solely for distribution in Germany, when no objection to the current name has been raised in the other Member States. The prohibition sought would amount to a disproportionate restriction, given the minor importance of the public interest to be protected, which consists in preventing consumers from being mistaken solely as to the duration of the product's effects. | 0 |
10,329 | 179. In those circumstances, the economic and legal context of the coordination concerned includes, as the appellants, RBS and LBG maintain, the two-sided nature of MasterCard’s open payment system, particularly since it is undisputed that there is interaction between the two sides of that system (see, by analogy, judgments in Delimitis , EU:C:1991:91, paragraphs 17 to 23, and Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 42). | 21 It is sufficient to observe that any inequality of treatment between exporters established in the Union and their competitors established in other Member States is merely the result of differences in legislation between the Member States in question . | 0 |
10,330 | 49
Lastly, in so far as the referring court is uncertain whether the regime established by Directive 2002/47 is compatible with the principle that creditors are to be treated equally in insolvency proceedings, it should also be borne in mind that it is established case-law that the principle of equality before the law, set out in Article 20 of the Charter of Fundamental Rights of the European Union, is a general principle of EU law which requires that comparable situations should not be treated differently and that different situations should not be treated in the same way, unless such different treatment is objectively justified. A difference in treatment is justified if it is based on an objective and reasonable criterion, that is, if the difference relates to a legally permitted aim pursued by the legislation in question, and it is proportionate to the aim pursued by the treatment (judgment of 17 October 2013, Schaible, C‑101/12, EU:C:2013:661, paragraphs 76 and 77 and the case-law cited). | 36. Par ailleurs, les notes explicatives du SH relatives à la position 7318 relèvent que les boulons et les vis à métaux de tout genre sont compris dans cette position «quels que soient leur forme et leur usage». L’argument selon lequel le classement de l’article en cause dans la position 7318 de la NC serait exclu au motif qu’il n’est pas conçu pour tourner sur son propre axe ne saurait, par conséquent, être retenu. | 0 |
10,331 | 51. Furthermore, although the first indent of the first paragraph of Article 7 of Decision No 1/80 requires, as a rule, that the member of the family of a Turkish worker must actually reside with that worker for the three years during which he fails himself to satisfy the conditions for access to the labour market in the host Member State (see Case C-351/95 Kadiman [1997] ECR I-2133, paragraph 33, 37, 40, 41 and 44; Case C-329/97 Ergat [2000] ECR I-1487, paragraphs 36 and 37; Case C-65/98 Eyüp [2000] ECR I-4747, paragraphs 28 and 29; and Cetinkaya , paragraph 30), the fact remains that Member States are no longer entitled to attach conditions to the residence of a member of a Turkish worker’s family after that three-year period; this must a fortiori be the case for a Turkish migrant who fulfils the conditions laid down in the second indent of the first paragraph of Article 7 (see Ergat , paragraphs 37 to 39; Cetinkaya , paragraph 30; and Aydinli , paragraph 24). | 9. Each month, on a particular date, Denplan will seek to collect the payments due from dentists’ patients. To do so it creates for each patient an electronic file which it uses to transmit information to the Bankers’ Automated Clearing System (‘the BACS’), an automated inter-bank settlement system established and operated by a company all the members of which are major United Kingdom banks. The information which Denplan transmits to the BACS includes, in respect of each patient, the patient’s bank account number and the amount which Denplan is to collect from that account. The BACS will then transmit that information on to the processing centre of the relevant bank. | 0 |
10,332 | 25. It must be borne in mind that, according to settled case-law, the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (see, in particular, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C-287/98 Linster [2000] ECR I-6917, paragraph 43; Case C‑5/08 Infopaq International [2009] ECR I‑6569, paragraph 27; and Case C-467/08 Padawan [2010] ECR I‑0000, paragraph 32). | 67. The concept of BTKNEEC must be examined by weighing the best technology and the costs envisaged against the benefits that a more effective water collection or treatment system may provide. Within this framework, the costs incurred cannot be disproportionate to the benefits obtained. | 0 |
10,333 | 19. In accordance with recitals 12 and 15 in the preamble to Regulation No 44/2001, that rule of jurisdiction meets the wish to facilitate the sound administration of justice, to minimise the possibility of concurrent proceedings and thus to avoid irreconcilable outcomes if cases are decided separately (judgment in Painer , C‑145/10, EU:C:2011:798, paragraph 77). | 77. As regards its purpose, the rule of jurisdiction in Article 6(1) of Regulation No 44/2001, first, meets, in accordance with recitals 12 and 15 in the preamble to that regulation, the wish to facilitate the sound administration of justice, to minimise the possibility of concurrent proceedings and thus to avoid irreconcilable outcomes if cases are decided separately. | 1 |
10,334 | 102
In those circumstances, the errors of law, identified in paragraph 93 of the present judgment, which vitiate the judgment under appeal are not such as to invalidate the conclusion, in paragraph 625 of the judgment under appeal, that the administrative procedure was not vitiated by an irregularity, in breach of Intel’s rights of defence, capable of leading to the annulment of the decision at issue (see, to that effect, judgment of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 164). | 11 BY VIRTUE OF THAT PROVISION , AND IN THE ABSENCE OF CONTRARY PROVISIONS REFERRING TO THE PARTICULAR TYPE OF BENEFIT IN QUESTION , ONLY THE LEGISLATION OF THE STATE IN WHOSE TERRITORY THE WORKER IS EMPLOYED IS THEREFORE APPLICABLE . ALTHOUGH THAT PROVISION DOES NOT EXPRESSLY MENTION THE CASE OF A WORKER WHO IS NOT EMPLOYED WHEN HE SEEKS SICKNESS BENEFIT , IT IS APPROPRIATE TO INTERPRET IT AS MEANING THAT , WHERE NECESSARY , IT REFERS TO THE LEGISLATION OF THE STATE IN WHOSE TERRITORY THE WORKER WAS LAST EMPLOYED .
| 0 |
10,335 | 37
In addition, the Court has repeatedly held that the provisions on EU citizenship are applicable as soon as they enter into force and must therefore be applied to the present effects of situations arising previously (judgments of 11 July 2002, D’Hoop, C‑224/98, EU:C:2002:432, paragraph 25, and of 21 December 2011, Ziolkowski and Szeja, C‑424/10 and C‑425/10, EU:C:2011:866, paragraph 58). | 83 The Commission is also obliged to indicate as precisely as possible the evidence sought and the matters to which the investigation must relate (National Panasonic v Commission, cited above, paragraphs 26 and 27), as well as the powers conferred on the Community investigators. | 0 |
10,336 | 44. Furthermore, it cannot be held, contrary to the submissions of the Kingdom of Denmark, the Kingdom of the Netherlands and the Kingdom of Sweden, that resident and non-resident pension funds are in a different situation solely because the dividends paid to the latter are subject to a withholding tax. The national legislation at issue in the main proceedings does not simply provide for different procedures for charging tax depending on the place of residence of the recipient of nationally sourced dividends, but provides, in fact, that only non-resident pension funds are to be taxed on those dividends (see, by analogy, Joined Cases C‑338/11 to C‑347/11 Santander Asset Management SGIIC and Others [2012] ECR, paragraph 43). | 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 |
10,337 | 34 According to the Court's case-law, where a Community authority is called upon, in the performance of its duties, to make complex assessments, it enjoys a wide measure of discretion, the exercise of which is subject to a limited judicial review in the course of which the Community judicature may not substitute its assessment of the facts for the assessment made by the authority concerned. Thus, in such cases, the Community judicature must restrict itself to examining the accuracy of the findings of fact and law made by the authority concerned and to verifying, in particular, that the action taken by that authority is not vitiated by a manifest error or a misuse of powers and that it did not clearly exceed the bounds of its discretion (see, in particular, Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299, Case 55/75 Balkan-Import Export v Hauptzollamt Berlin-Packhof [1976] ECR 19, paragraph 8, Case 9/82 hrgaard and Delvaux v Commission [1983] ECR 2379, paragraph 14, Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraphs 24 and 25, and Case C-157/96 National Farmers' Union and Others [1998] ECR I-2211, paragraph 39). | 53 It must be pointed out, moreover, that Article 119 of the Treaty prohibits any discrimination with regard to pay as between men and women, whatever may be the system which gives rise to such inequality. Accordingly, it is contrary to that article of the Treaty to impose an age condition, differing according to sex, for eligibility for employment-related pensions for workers who are in identical or similar situations (see, to that effect, Barber, cited above, paragraph 32). | 0 |
10,338 | 38. First of all, it must be noted that although Article 10(1) of Regulation No 1408/71 – which provides, ‘[s]ave as otherwise provided in this Regulation’, for the waiver of residence clauses in regard to the benefits enumerated therein – expressly mentions invalidity benefits, which are therefore, in principle, exportable to another Member State (Case C‑20/96 Snares [1997] ECR I‑6057, paragraph 40), it does not mention unemployment benefits. That provision therefore does not preclude the legislation of a Member State from making entitlement to such a benefit conditional on residence in the territory of that State (see, to that effect, De Cuyper , cited above, paragraph 37). | 74. It must thus be held that, as of 22 May 2010 – the date on which the period prescribed in the supplementary letter of formal notice expired – the liability relating to the repayment of the unlawful aid in question had not been registered in the schedule of liabilities in the CMD insolvency proceedings. | 0 |
10,339 | 49 Those rules are nevertheless liable to restrict the freedom of movement of players who wish to pursue their activity in another Member State, by preventing Belgian clubs from fielding in championship matches basketball players from other Member States where they have been engaged after a specified date. Those rules consequently constitute an obstacle to freedom of movement for workers (see, to that effect, Bosman, paragraphs 99 and 100). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
10,340 | 30
It is only in its judgment of 4 June 2009 in Pannon GSM (C‑243/08, EU:C:2009:350, paragraph 32) that the Court clearly stated that the role assigned by EU law to national courts is not limited to a mere power to rule on the possible unfairness of a contractual term falling within the scope of that directive, but also consists of the obligation to examine that issue of its own motion, where it has available to it the legal and factual elements necessary for that task. | 37 Conclusions of that kind are based on a series of findings of fact which cannot be questioned in appeal proceedings, save where there is a distortion of the clear sense of the evidence or infringement of general principles and procedural rules applicable in regard to the burden of proof and the taking of evidence, matters which the appellants have not sought to establish. | 0 |
10,341 | 44. As paragraphs 62 to 68 of the judgment in Case C‑275/06 Promusicae [2008] ECR I‑271 make clear, the protection of the fundamental right to property, which includes the rights linked to intellectual property, must be balanced against the protection of other fundamental rights. | 61. Similarly, the structuring of the special shares at issue may have a deterrent effect on portfolio investments in PT in so far as a possible refusal by the Portuguese State to approve an important decision, proposed by the organs of the company concerned as being in the company’s interests, is in fact capable of depressing the value of the shares of that company and thus reduces the attractiveness of an investment in such shares (see, to that effect, Commission v Netherlands , paragraph 27). | 0 |
10,342 | 64. In order to achieve that objective of channelling into controlled circuits, the authorised operators must provide a reliable, but at the same time attractive, alternative to non-regulated activities, which may as such necessitate the offer of an extensive range of games, advertising on a certain scale, and the use of new distribution techniques ( Placanica and Others , paragraph 55, and Stoß and Others , paragraph 101). | 40. It follows from all of the foregoing that Member States cannot be prevented from adopting or retaining, throughout the area covered by the Directive, including Article 4(2) thereof, rules which are more stringent than those provided for by the Directive itself, on condition that they are designed to afford consumers a higher level of protection. | 0 |
10,343 | 30. Nevertheless, where the Commission has not indicated during the pre-litigation procedure that the subject-matter of the action, that is to say, the infringement attributed to the Member State in question, extends beyond the national provisions specified in that procedure, then the action is inadmissible in so far as it covers national provisions other than those specified during the pre-litigation procedure (see, to that effect, Case 166/82 Commission v Italy [1984] ECR I‑459, paragraphs 19 to 22, and Case C‑243/89 Commission v Denmark [1993] ECR I‑3353, paragraphs 15 to 17). That is because, in such a situation, the grounds of the alleged infringement and, therefore, its basis, have been extended without the Member State concerned having been given an opportunity, on the one hand, to comply with its obligations under European Union law and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission.
Consideration of the first plea in law
– Arguments of the parties | 23. Further, as regards the term ‘poultry’, which is not specifically defined by Directive 96/61, it should be borne in mind that the usual meaning of that word describes all those birds farmed for their eggs or their meat. Quails, partridges and pigeons are species of birds which may be farmed for the consumption of their eggs or their meat. | 0 |
10,344 | 17. It should be added that, as the Court of First Instance noted in paragraph 239 of the judgment under appeal, the Court of Justice has recognised in particular the relevance of taking into account the overall turnover of each undertaking participating in a cartel in fixing the amount of the fine (see, to that effect, Case C‑291/98 P Sarrió v Commission [2000] ECR I-9991, paragraphs 85 and 86, and Case C-57/02 P Acerinox v Commission [2005] ECR I-6689, paragraphs 74 and 75). | 63. It follows that, if a public authority becomes a minority shareholder in a company limited by shares with wholly public capital for the purpose of awarding the management of a public service to that company, the control that the public authorities which are members of that company exercise over it may be classified as similar to the control they exercise over their own departments when it is exercised by those authorities jointly. | 0 |
10,345 | 48. In that regard, it should be stated that it is for the national court alone to determine the subject-matter of the questions which it wishes to refer to the Court. The Court cannot, at the request of one party to the main proceedings, examine questions which have not been submitted to it by the national court. If, in view of the course of the proceedings, the national court were to consider it necessary to obtain further interpretations of EU law, it would be for it to make a fresh reference to the Court (see, to that effect, judgments in CBEM , 311/84, EU:C:1985:394, paragraph 10; Syndesmos Melon tis Eleftheras Evangelikis Ekklisias and Others , C‑381/89, EU:C:1992:142, paragraph 19, and Slob , C‑236/02, EU:C:2004:94, paragraph 29). There is therefore no need for the Court to examine the arguments referred to in paragraph 46 above. | 13 THEREFORE THAT OFFICIAL DID NOT ACT PURSUANT TO A DELEGATION OF POWERS BUT SIMPLY SIGNED AS A PROXY ON AUTHORITY RECEIVED FROM THE COMMISSIONER RESPONSIBLE . | 0 |
10,346 | 51
While, in its initial version, the aim of Article 3 of the Framework Directive was essentially, as stated in recital 11 thereof, to guarantee the independence and impartiality of NRAs by ensuring that regulation and operation are functionally separate, the intention of the EU legislature was, by means of Directive 2009/140 and as stated in recital 13 thereof, to strengthen the independence of NRAs in order to ensure a more effective application of the regulatory framework and to increase their authority and the predictability of their decisions (judgments of 28 July 2016, Autorità per le Garanzie nelle Comunicazioni, C‑240/15, EU:C:2016:608, paragraphs 32 and 34, and of 19 October 2016, Ormaetxea Garai et Lorenzo Almendros, C‑424/15, EU:C:2016:780, paragraph 45). | 42 In order to determine whether such an infringement of Community law constitutes a sufficiently serious breach, a national court hearing a claim for reparation must take account of all the factors which characterise the situation put before it. | 0 |
10,347 | 27. It should be recalled that, in the absence of any unifying or harmonising measures of the European Union, the Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation, and that preservation of that allocation is a legitimate objective recognised by the Court (see, in particular, the judgment in Argenta Spaarbank , EU:C:2013:447, paragraph 50 and the case-law cited). | 50. So far as concerns the second ground of justification relied on by the Belgian Government, it should be recalled that preservation of the allocation between Member States of the power to tax is a legitimate objective recognised by the Court (see, to this effect, Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 45; Case C-470/04 N [2006] ECR I-7409, paragraph 42; Case C-231/05 Oy AA [2007] ECR I‑6373, paragraph 51; and Lidl Belgium , paragraph 31). It is also settled case-law that, in the absence of any unifying or harmonising measures of the European Union, the Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation (Case C-540/07 Commission v Italy [2009] ECR I-10983, paragraph 29, and Case C-371/10 National Grid Indus [2011] ECR I-0000, paragraph 45). | 1 |
10,348 | 28. The Court has consistently held that when national courts apply domestic law they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently to comply with the third paragraph of Article 288 TFEU. This obligation to interpret national law in conformity with European Union law is inherent in the system of the Treaty on the Functioning of the European Union, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of European Union law when they determine the disputes before them ( Dominguez , paragraph 24 and the case‑law cited). | 17 The rules in question also require that the trademark be affixed by a legal person satisfying certain requirements as to competence and independence. | 0 |
10,349 | 93
With regard, in particular, to unlawful aid granted in the form of a tax advantage, it is also the Court’s settled case-law that recovery of aid means that the transactions actually carried out by the recipients of the aid in question must be subject to the tax treatment which the recipients would have received in the absence of the unlawful aid (see, to that effect, judgment of 15 December 2005, Unicredito Italiano, C‑148/04, EU:C:2005:774, paragraph 119). | 56. Consequently, the project at issue in the main proceedings, as adopted by the Greek legislature on 2 August 2006, without prior production of river basin management plans for the river basins affected by that project, was not subject to Article 4 of Directive 2000/60. | 0 |
10,350 | 32. Furthermore, in accordance with recital 20 in the preamble to Directive 2001/29, that directive is based on principles and rules already laid down in the directives in force in the area of intellectual property, including Directive 92/100 (see judgment in Football Association Premier League and Others , C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 187). | 69. Lastly, paragraphs 158 and 159 of the judgment under appeal are vitiated by an error of law in that, in those paragraphs, the General Court found, in essence, that in the absence of any finding in the Commission’s decision imposing on several companies joint and several liability for payment of a fine that, within the undertaking, certain companies have a greater share of responsibility than others for the undertaking’s participation in the cartel during a specific period, it must be presumed that they share equal responsibility and, accordingly, must pay an equal share of the fines for which they have been held jointly and severally liable. | 0 |
10,351 | 95
Thus, and as the Advocate General noted in point 74 of her Opinion, it is necessary to assess the cumulative effect of all such terms of an agreement concluded between a consumer and a seller or supplier. Such an assessment is justified, since all those terms are applicable, regardless of whether the creditor actually insists that that they all be fully performed (see, by analogy, judgment of 10 September 2014 in Kušionová, C‑34/13, EU:C:2014:2189, paragraph 42). | 21. The full effectiveness of Article 101 TFEU and, in particular, the practical effect of the prohibition laid down in paragraph 1 of that provision would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition ( Courage and Crehan EU:C:2001:465, paragraph 26; Manfredi and Others EU:C:2006:461, paragraph 60; Case C‑199/11 Otis and Others EU:C:2012:684, paragraph 41; and Case C‑536/11 Donau Chemie and Others EU:C:2013:366, paragraph 21). | 0 |
10,352 | 65. However, the Court of Justice, which is called on to provide answers of use to the national court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment (Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraph 52, and Schönheit and Becker , paragraph 83). | 42 However, in a sector such as scheduled public transport by bus, where the tangible assets contribute significantly to the performance of the activity, the absence of a transfer to a significant extent from the old to the new contractor of such assets, which are necessary for the proper functioning of the entity, must lead to the conclusion that the entity does not retain its identity. | 0 |
10,353 | 41. Nevertheless, while the Member States are competent to tax energy products, such as lubricating oils, used other than as motor fuels or as heating fuels, they must exercise their competence in that field consistently with Community law (see, to that effect, Case C‑279/93 Schumacker [1995] ECR I‑225, paragraph 21, and Case C‑347/04 Rewe Zentralfinanz [2007] ECR I-0000, paragraph 21 and the case-law cited). | 28. According to the documents before the Court, the German legislation makes the grant of child-raising allowance conditional principally on the recipients being resident on national territory. Since such a rule can lead to indirect discrimination against workers who do not live in Germany, the national court wonders whether the rule can be justified and whether it satisfies the criterion of proportionality. | 0 |
10,354 | 55. It must be recalled here that motor vehicles present on the market in a Member State are ‘domestic products’ of that State within the meaning of Article 110 TFEU. Where those products are placed on the market for second-hand vehicles in that Member State, they must be regarded as ‘similar’ to imported second-hand vehicles of the same type, characteristics and wear. Second-hand vehicles purchased on the market of that Member State and those purchased in other Member States in order to be imported and placed in circulation in the former State are competing products (see, inter alia, Case C‑47/88 Commission v Denmark , paragraph 17, and Kalinchev , paragraphs 32 and 40). | 46. Those considerations are clearly of particular relevance where the Council is acting in its legislative capacity, as is apparent from recital 6 of the preamble to Regulation No 1049/2001, according to which wider access must be granted to documents in precisely such cases. Openness in that respect contributes to strengthening democracy by allowing citizens to scrutinize all the information which has formed the basis of a legislative act. The possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights. | 0 |
10,355 | 30. However, it is also settled case-law that it follows from the principle of equal treatment of public undertakings and private undertakings that capital placed directly or indirectly at the disposal of an undertaking by the State in circumstances which correspond to normal market conditions cannot be regarded as State aid (judgment in Italy and SIM 2 Multimedia v Commission , EU:C:2003:252, paragraph 37 and the case-law cited). Thus, the conditions which a measure must meet in order to be treated as ‘aid’ for the purposes of Article 107 TFEU are not met if the recipient public undertaking could, in circumstances which correspond to normal market conditions, obtain the same advantage as that which has been made available to it through State resources. In the case of public undertakings, that assessment is made by applying, in principle, the private investor test (see judgment in Commission v EDF , C‑124/10 P, EU:C:2012:318, paragraph 78 and the case-law cited). | 46. The means by which to achieve that objective is, as Recital 19 in the preamble to the REACH Regulation states, the registration obligation imposed on manufacturers and importers, which includes the obligation to generate data on the substances which they manufacture or import, to use those data to assess the risks related to those substances and to develop and recommend appropriate risk management measures. | 0 |
10,356 | 21. In that regard, it should be recalled that a regulation specifying the conditions for classification in a tariff heading or subheading is of a legislative nature and cannot have retroactive effect (see, inter alia, Case C-479/99 CBA Computer [2001] ECR I‑4391, paragraph 31, and Case C-403/07 Metherma [2008] ECR I-0000, paragraph 39). In addition, it is settled case-law that the Court may deem it necessary to consider provisions of Community law to which the national court has not referred when formulating its question for a preliminary ruling (see, inter alia, Joined Cases C-329/06 and C-343/06 Wiedemann and Funk [2008] ECR I‑4635, paragraph 45, and Metherma , paragraph 39). | 13. The Commission argues in its first plea that the Council did not have the power to adopt the contested decision, and its reasoning in that respect is in two stages. | 0 |
10,357 | 49 The rest of the case-law referred to by KCH is not decisive. In most of the cases referred to, the penalty is examined in the light of the principle of proportionality rather than the principle `nulla poena sine culpa' (cases cited above, Thyssen v Commission, paragraphs 18 to 22; Schumacher, paragraphs 25 to 31; Cereol Italia, paragraphs 13 to 27; National Farmers' Union and Others, paragraphs 49 to 55; and Molkereigenossenschaft Wiedergeltingen, paragraphs 33 to 45). As for the judgment in Estel v Commission, in paragraphs 38 to 43 of which the Court held that a steel company penalised by the Commission for having exceeded the production quota imposed on it had committed an error which was not excusable and that, accordingly, the Commission had not breached the principle `nulla poena sine culpa', that judgment was delivered in an area far removed from agricultural regulations and without the Court ruling explicitly on whether the penalty in question was of a criminal nature or not. | 56 In addition, it indicated how it was possible for the unlawful conduct of the French tenderers to have led to an erroneous assessment of the market by the Community authorities likely to result in the purchase of excessive quantities of beef and veal, possibly at higher prices. In so doing, it established the probability that harm was caused to the Community budget. The Commission cannot be required to do more than that, since it cannot carry out the systematic checks and since analysis of the current state of a given market depends on information gathered by the Member States (see Case C-48/91 Netherlands v Commission, cited above, paragraph 17). | 0 |
10,358 | 26. According to settled case-law, in an action under Article 226 EC, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing at the end of the period laid down in the reasoned opinion (see Case C-476/98 Commission v Germany [2002] ECR I-9855, paragraph 42). In the present case, it is clear from the case-file that at the time of the expiry of the two-month period laid down in the reasoned opinion, there was a prohibition in Italy on the marketing of energy drinks, lawfully produced and marketed in other Member States, whose caffeine content was in excess of a certain limit. | S’agissant des véhicules automobiles pris en crédit-bail ou en location par un résident d’un État membre auprès d’un fournisseur
établi dans un autre État, la Cour a déjà jugé, à propos d’une taxe à la consommation autrichienne, liée à une obligation
d’immatriculation de véhicules loués dans un autre État membre, qu’une telle taxe est contraire au principe de proportionnalité
dans la mesure où l’objectif qu’elle poursuit pourrait être atteint par l’instauration d’une taxe proportionnelle à la durée
de l’immatriculation du véhicule dans l’État où il est utilisé, ce qui permettrait de ne pas opérer de discrimination quant
à l’amortissement de la taxe au détriment des entreprises de crédit-bail automobile établies dans d’autres États (voir arrêt
Cura Anlagen, C‑451/99, EU:C:2002:195, point 69, et ordonnance van de Coevering, C‑242/05, EU:C:2006:430, point 27). | 0 |
10,359 | 51
The particular importance for the application of the polluter-pays principle, and hence for the liability mechanism provided for in Directive 2004/35, of the causal link between the operator’s activity and the environmental damage is also apparent from the provisions of that directive which relate to the inferences to be drawn from the fact that the operator did not contribute to the pollution or to the risk of pollution (judgment of 4 March 2015, Fipa Group and Others, C‑534/13, EU:C:2015:140, paragraph 57). | 32. In those circumstances, an interpretation of Article 33 of Regulation No 2419/2001 which amounts to penalising irregularities which have been committed intentionally as the most serious irregularities is in keeping with the purpose of a system of penalties which is sufficiently dissuasive and effective to combat irregularities and fraud committed in area aid applications (see, by analogy, judgment in National Farmers’ Union and Others , C‑354/95, EU:C:1997:379, paragraph 51). | 0 |
10,360 | 33. Il ressort de la jurisprudence relative aux entreprises bénéficiaires d’aides déclarées incompatibles avec le marché intérieur et qui sont en état de faillite ou soumises à une procédure de faillite dont l’objet est de procéder à la réalisation de l’actif et à l’apurement du passif que le fait que ces entreprises soient en difficulté ou en faillite n’affecte pas l’obligation de récupération (voir, notamment, arrêt du 11 décembre 2012, Commission/Espagne, C‑610/10, non encore publié au Recueil, point 71 et jurisprudence citée). | 26. Moreover, Regulation No 1347/2000 was applicable in Hungary only from 1 May 2004, pursuant to Article 2 of the Act concerning the conditions of accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ 2003 L 236, p. 33). | 0 |
10,361 | 30. Here, it should be noted as a preliminary point that it is not clear from the order for reference on the basis of which version of the OUG the pollution tax was levied on Mr Nicula on the date of the registration of his vehicle in Romania. However, the Court has previously held that Article 110 TFEU precludes a tax such as the pollution tax introduced by OUG No 50/2008 both in its original version and as amended (see, to that effect, judgments in Tatu , EU:C:2011:219, paragraphs 58 and 61, and Nisipeanu , C‑263/10, EU:C:2011:466, paragraphs 27 and 29). | 42. Moreover, the Commission contends that the appeal is inadmissible because the pleas on appeal are ineffective. Therefore, the Commission submits that, even if those pleas had to be upheld, the fact that they were well founded could not, in any event, lead to the judgment under appeal being set aside, in so far as other grounds forming a sound basis for the operative part of that judgment are not challenged in the appeal. | 0 |
10,362 | 35. As the Court has already held, that is a broad definition covering all forms of comparative advertising, so that, in order for there to be comparative advertising, it is sufficient for there to be a statement referring even by implication to a competitor or to the goods or services which he offers (Case C-112/99 Toshiba Europe [2001] ECR I-7945, paragraphs 30 and 31). | 8 According to the Court' s case-law, the Commission is authorized, in the exercise of the powers conferred on it by the Council with a view to implementing a common organization of the markets in the agricultural sector, to adopt all the detailed rules of application necessary for the proper functioning of the system of aid provided for, so long as they are not contrary to the basic regulation or the implementing rules of the Council ( see, most recently, the judgment of 18 January 1990 in Case C-345/88 Butterabsatz (( 1990 )) ECR I-159 ). The duty of management and supervision with which the Commission is thus entrusted entails the power to fix periods and to provide for appropriate penalties for their non-observance which may go as far as the total loss of the right to aid if observance of those periods is necessary for the proper functioning of the scheme in question . | 0 |
10,363 | 37. Cependant, les considérations de politique sociale, d’organisation de l’État, d’éthique ou même les préoccupations de nature budgétaire qui ont eu ou qui ont pu avoir un rôle dans la fixation d’un régime de retraite par le législateur national ne sauraient prévaloir si la pension n’intéresse qu’une catégorie particulière de travailleurs, si elle est directement fonction du temps de service accompli et si son montant est calculé sur la base du dernier traitement du fonctionnaire (arrêts précités Beune, point 45; Griesmar, point 30; Niemi, point 47, ainsi que Schönheit et Becker, point 58). | 34. The obligation imposed by Article 14 of Legislative Decree No 18/99 on the undertakings concerned to take over the staff of the previous supplier puts potential new competitors at a disadvantage in relation to established undertakings and jeopardises the opening-up of the groundhandling markets, thereby undermining the effectiveness of Directive 96/67. | 0 |
10,364 | 34. The measures set out in the preceding paragraph aim to confine within reasonable limits the weekly rhythm of work of a self-employed driver, as regards activities that may have a bearing on his driving because of their effect on his state of tiredness, and to impose on him minimum periods of rest. They thus undeniably aim to improve road safety, which, contrary to the assertions of the Republic of Finland, is liable to be jeopardised not only by periods of driving which are too long but also by an excessive accumulation of activities other than driving, such as those listed in points (ii) to (v) of the first indent of Article 3(a)(1) of the contested directive, which are directly linked to a road transport operation (see, to that effect, Case C-394/92 Michielsen and GTS [1994] ECR I-2497, paragraph 14, and Case C-297/99 Skills Motor Coaches and Others [2001] ECR I‑573, paragraphs 24 and 25). | 13 Since the receipt of dividends is not the consideration for any economic activity within the meaning of the Sixth Directive, it does not fall within the scope of VAT. Consequently, dividends resulting from holdings fall outside the deduction entitlement. | 0 |
10,365 | 40. It follows from the judgment in Commission v Germany that the words ‘with complete independence’ in the second subparagraph of Article 28(1) of Directive 95/46 must be given an autonomous interpretation, independent of Article 267 TFEU, based on the actual wording of that provision and on the aims and scheme of Directive 95/46 (see Commission v Germany , paragraphs 17 and 29). | 79. Concerning the allegation that reasons insufficient in law are given for the considerations in paragraph 54 of the order under appeal, it must be borne in mind that, in accordance with the settled case-law of the Court of Justice, the duty of the General Court to state reasons for its judgments does not require it to provide a statement of reasons which follows, exhaustively and one by one, all the arguments put forward by the parties to the dispute. The reasoning may therefore be implied, on condition that it enables the persons concerned to understand the grounds of the General Court’s judgment and provides the Court of Justice with sufficient evidence to exercise its powers of review on appeal (see, inter alia, judgments in A2A v Commission , C‑318/09 P, EU:C:2011:856, paragraph 97, and Greece v Commission , C‑391/13 P, EU:C:2014:2061, paragraph 58). | 0 |
10,366 | 155
By contrast, provided that the appellant challenges the interpretation or application of EU law by the General Court, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, that appeal would be deprived of part of its purpose (judgment of 30 May 2013, Quinn Barlo and Others v Commission, C‑70/12 P, not published, EU:C:2013:351, paragraph 27 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,367 | 39. As regards, in the first place, the situation of the claimants in the main proceedings, it should be pointed out that freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (see, in particular, Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraph 35; Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 30; and Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 41). | 46. As the wording of Article 13(1) of Regulation No 40/94 is, in essence, identical to that of Article 7(1) of Directive 89/104, except for the definition of the territory in which the good are to be put on the market, a point which is however irrelevant to a situation such as that in the main proceedings, and as there are no other contextual factors or factors linked to the purpose of the provisions requiring them to be interpreted differently, the interpretation in this judgment of Article 7(1) of Directive 89/104 for the purpose of replying to the question for a preliminary ruling referred applies equally for Article 13(1) of Regulation No 40/94. | 0 |
10,368 | 93. As is apparent from paragraph 62 of the present judgment, in the absence of relevant EU law provisions, it is for the domestic legal system of each Member State, subject to observance of the principles of equivalence and effectiveness, to set the criteria for determining the extent of reparation ( Brasserie du Pêcheur and Factortame , paragraph 83). | 24. En outre, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, notamment, arrêts du 4 octobre 2001, Commission/Luxembourg, C‑450/00, Rec. p. I‑7069, point 8, et du 25 février 2010, Commission/Espagne, C‑295/09, point 10). | 0 |
10,369 | 18. According to the case-law of the Court, the concept of establishment within the meaning of the Treaty is a very broad one, allowing a Community national to participate, on a stable and continuous basis, in the economic life of a Member State other than his State of origin and to profit therefrom, so contributing to economic and social interpenetration within the Community in the sphere of activities as self-employed persons (see, to that effect, Case 2/74 Reyners [1974] ECR 631, paragraph 21, and Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 25). | 31. En effet, le CCP ne vise qu’à rétablir une durée de protection effective suffisante du brevet de base en permettant à son titulaire de bénéficier d’une période d’exclusivité supplémentaire à l’expiration de son brevet destinée à compenser, au moins partiellement, le retard pris dans l’exploitation commerciale de son invention en raison du laps de temps qui s’est écoulé entre la date du dépôt de la demande de brevet et celle de l’obtention de la première AMM dans l’Union européenne (arrêt du 11 novembre 2010, Hogan Lovells International, C‑229/09, Rec. p. I‑11335, point 50; ainsi que arrêt Georgetown University, précité, point 36). | 0 |
10,370 | 41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51). | 45. La Cour a également jugé que le principe de protection de la confiance légitime s’oppose à ce qu’une modification de la législation nationale prive un contribuable, avec effet rétroactif, du droit dont il disposait antérieurement à ladite modification d’obtenir le remboursement d’impôts perçus en violation du droit de l’Union (voir, en ce sens, arrêt Marks & Spencer, précité, point 46). | 0 |
10,371 | 41
As the Advocate General observed in points 44 and 45 of his opinion, the payments made at the point of purchase of the medicinal products must be regarded as consideration provided by a third party within the meaning of Article 73 of the VAT Directive when those third parties, namely insured persons, requested reimbursement by the private health insurance companies and the latter obtained, in accordance with the national law, the discount owed to them by the pharmaceutical company. Therefore, having regard to the facts at issue in the main proceedings, the private health insurance companies must be regarded as being the final consumer of a supply made by a pharmaceutical company, which is a taxable person for the purposes of VAT, such that the amount payable to the tax authority may not exceed that paid by the final consumer (see, to that effect, the judgment of 24 October 1996, Elida Gibbs, C‑317/94, EU:C:1996:400, paragraph 24). | 36 The Court went on to hold, in paragraphs 56 and 57 of that judgment, that the possibility for the owner of trade mark rights to oppose the marketing of repackaged products under his trade mark should be limited only in so far as the repackaging undertaken by the importer is necessary in order to market the product in the Member State of importation. It need not be established, on the other hand, that the trade mark owner has deliberately sought to partition the markets between Member States. | 0 |
10,372 | 21. In this respect, it must be noted that, in the field of VAT, suppliers act as tax collectors for the State and in the interest of the public exchequer (see Case C-10/92 Balocchi [1993] ECR I-5105, paragraph 25). Those suppliers are liable to payment of VAT even though VAT, as a tax on consumption, is ultimately borne by the final consumer (see Case C-475/03 Banca popolare di Cremona [2006] ECR I-9373, paragraphs 22 and 28). | 42. The same may be true where the trade mark proprietor makes actual use of the mark, under the same conditions, for goods and services which, though not integral to the make-up or structure of the goods previously sold, are directly related to those goods and intended to meet the needs of customers of those goods. That may apply to after-sales services, such as the sale of accessories or related parts, or the supply of maintenance and repair services. | 0 |
10,373 | 69. In that connection, it must be observed that Regulation No 44/2001 merely regulates the procedure for obtaining an order for the enforcement of foreign enforceable instruments and does not deal with execution itself, which continues to be governed by the domestic law of the court in which enforcement is sought (see Case 148/84 Deutsche Genossenschaftsbank [1985] ECR 1981, paragraph 18; Case 119/84 Capelloni and Aquilini [1985] ECR 3147, paragraph 16, and Hoffmann , paragraph 27), unless, for the purposes of the enforcement of a judgment, the application of the procedural rules of the Member State in which enforcement is sought may impair the effectiveness of the scheme laid down by the regulation as regards enforcement orders, by frustrating the principles laid down in that regard, whether expressly or by implication, by the regulation itself (see, to that effect, Capelloni and Aquilini , paragraph 21; Hoffmann , paragraph 29, and Case C‑365/88 Hagen [1990] ECR I-1845, paragraph 20). | 22. In order to meet that obligation, the Member States must, in accordance with the second subparagraph of Article 3(2) of Directive 2004/38, make it possible for persons envisaged in the first subparagraph of Article 3(2) to obtain a decision on their application that is founded on an extensive examination of their personal circumstances and, in the event of refusal, is justified by reasons. | 0 |
10,374 | 14 It is clear, in particular, from the second recital in the preamble to Directive 76/207 that it does not apply to pay within the meaning of Article 119 of the Treaty (see Case C-342/93 Gillespie and Others v Northern Health and Social Services Board and Others [1996] ECR I-475, paragraph 24). | 43. It follows that the Member States may require the right to deduct to be exercised either during the period in which it arose or over a longer period, subject to compliance with certain conditions and procedures determined by their national legislation. | 0 |
10,375 | 40. In such circumstances, the questions referred must be declared inadmissible to the extent that they seek an interpretation of those provisions (see, by analogy, inter alia, Duomo Gpa and Others , paragraph 24). | 30. As the Court has consistently held, the object of Article 3(1) of Regulation No 1408/71 is to ensure, in accordance with Article 45 TFEU, equal treatment in matters of social security, without distinction based on nationality, for the persons to whom that regulation applies by abolishing all discrimination in that regard deriving from national legislation of the Member States (see, inter alia, judgments in Mora Romero , C‑131/96, EU:C:1997:317, paragraph 29; Borawitz , C‑124/99, EU:C:2000:485, paragraph 23; and Celozzi , C‑332/05, EU:C:2007:35, paragraph 22). | 0 |
10,376 | 67. As is clear from paragraph 48 of this judgment, that provision leaves the Member States a certain degree of latitude when defining the conditions for the exercise and implementation of the entitlement to an income for the pregnant workers referred to in Article 5(3) of Directive 92/85. It is therefore for the Member States to define the arrangements for that entitlement, although they are not authorised to make the existence of that entitlement, which derives directly from that directive and the employment relationship between the pregnant worker and her employer, subject to any preconditions whatsoever (see, by analogy, Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 53, and also Parviainen , paragraph 55). | 68. Il appartient dès lors au juge communautaire, contrairement à ce que soutient le Parlement, de prononcer, le cas échéant, à l’encontre d’une institution une condamnation au versement d’une somme à laquelle le requérant a droit en vertu du statut ou d’un autre acte juridique. | 0 |
10,377 | 10. Il convient d’observer, à cet égard, que 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 que les changements intervenus par la suite ne sauraient ainsi être pris en compte par la Cour (voir, notamment, arrêts du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 12 mars 2009, Commission/Luxembourg, C‑289/08, point 7). | 42. It follows that the control measure in advance of the posting resulting from the German authorities’ practice exceeds what is necessary to prevent the abuse to which the implementation of the freedom to provide services may give rise. | 0 |
10,378 | 35
It is appropriate first of all to recall, as regards the allocation of the various roles between the applicant for a declaration of invalidity, the competent bodies of EUIPO and the General Court, first, that Rule 37 of the implementing regulation provides that the applicant must provide particulars showing that he is entitled under the national law applicable to lay claim to an earlier right protected under national law. That rule requires the applicant, in order to be able to have the use of an EU trade mark prohibited by virtue of an earlier right, to provide EUIPO with, not only particulars showing that he satisfies the necessary conditions under the national law which he seeks to have applied, but also particulars establishing the content of that law (see, to that effect, judgments of 5 July 2011, Edwin v OHIM, C‑263/09 P, EU:C:2011:452, paragraphs 49 and 50, and of 27 March 2014, OHIM v National Lottery Commission, C‑530/12 P, EU:C:2014:186, paragraph 34). | 30. Concernant l’éventuel non-respect de la nature de la procédure prévue à l’article 226 CE, il convient de rappeler qu’il appartient à la Commission seule de décider de l’opportunité d’engager une procédure en constatation de manquement aux obligations d’un État membre (voir, en ce sens, arrêts du 10 avril 2003, Commission/Allemagne, C‑20/01 et C‑28/01, Rec. p. I‑3609, points 29 et 30, ainsi que du 2 juin 2005, Commission/Grèce, C‑394/02, Rec. p. I‑4713, point 16). | 0 |
10,379 | 101. In the present case, it should be remembered in that regard that the Court has held that a measure such as the service credit at issue in the main proceedings is not a measure covered by that provision of the EC Treaty, as it is limited to granting civil servants a service credit upon their retirement, without providing a remedy for the problems which they may encounter in the course of their professional career, and does not appear to be of a nature such as to offset the disadvantages to which the careers of those workers are exposed by helping them in their professional life and thereby ensure full equality in practice between men and women in working life (see to that effect, Griesmar , EU:C:2001:648, paragraphs 63 to 65; see also Commission v Italy , C‑46/07, EU:C:2008:618, paragraphs 57 and 58; and Commission v Greece , C‑559/07, EU:C:2009:198, paragraphs 66 to 68). | 41. To obtain that result, the actual depreciation of imported second-hand vehicles must be taken into account in calculating the amount of tax. That taking into account need not necessarily involve an assessment or inspection of every vehicle. A Member State may, avoiding the inherent burden of such a system, establish, by means of fixed scales determined by statute, regulation or administrative provision and calculated on the basis of criteria such as a vehicle’s age, kilometrage, general condition, propulsion method, make or model, a value for second-hand vehicles which, as a general rule, would be very close to their actual value ( Gomes Valente , paragraph 24; Weigel , paragraph 73; and Commission v Greece , paragraph 29). | 0 |
10,380 | 31. That principle requires in particular that rules such as those before the Court, which may lead to the imposition of charges on the economic operators concerned, must be clear and precise, so that they can know unequivocally what their rights and obligations are and take steps accordingly (Case C‑236/02 Slob [2004] ECR I-0000, paragraph 37). | 22. Il ressort d’une jurisprudence constante que la Cour n’impose pas au Tribunal de fournir un exposé qui suivrait, de manière exhaustive et un par un, tous les raisonnements articulés par les parties au litige. La motivation peut donc être implicite, à condition qu’elle permette aux intéressés de connaître les raisons pour lesquelles les mesures en question ont été prises et à la juridiction compétente de disposer des éléments suffisants pour exercer son contrôle (voir, en ce sens, arrêt du 7 janvier 2004, Aalborg Portland e.a./Commission, C-204/00 P, C‑205/00 P, C‑211/00 P, C-213/00 P, C-217/00 P et C-219/00 P, Rec. p. I-123, point 372). Toutefois, s’il est vrai que l’obligation pour le Tribunal de motiver ses décisions ne saurait être interprétée comme impliquant que celui-ci soit tenu de répondre dans le détail à chaque argument invoqué par une partie, en particulier si ce dernier ne revêt pas un caractère suffisamment clair et précis et ne repose pas sur des éléments de preuve circonstanciés (voir, en ce sens, arrêt du 6 mars 2001, Connolly/Commission, C-274/99 P, Rec. p. I-1611, point 121), le Tribunal doit, à tout le moins, examiner toutes les violations de droits alléguées. | 0 |
10,381 | 77. Acknowledgment that a Member State is entitled to rely on its national provisions in order to refuse indefinitely to recognise a driving licence issued in another Member State would be fundamentally incompatible with the principle of mutual recognition of driving licences which is the linchpin of the system established by Directive 2006/126 (see, to that effect, judgment in Kapper , C‑476/01, EU:C:2004:261, paragraph 77; order in Kremer , C‑340/05, EU:C:2006:620, paragraph 30; and judgments in Akyüz , C‑467/10, EU:C:2012:112, paragraph 57, and Hofmann , C‑419/10, EU:C:2012:240, paragraph 78). | 64. It is apparent from that autonomous definition of the document instituting the proceedings, as interpreted by the Court, that such a document must consist of the document or documents, where they are intrinsically linked, enabling the defendant to understand the subject‑matter and grounds of the plaintiff’s application and to be aware of the existence of legal proceedings in which he may assert his rights, either by defending a pending action or, as was the case in the matter giving rise to the judgment in Hengst Import , by challenging a judgment delivered on the basis of an ex parte application. | 0 |
10,382 | 17
Furthermore, the interpretation proposed by BFI is liable to extend the scope of the exemption under that provision beyond that term to cover all cultural services, contrary to the Court’s case-law stating that the terms used to specify the exemptions in Article 13A(1) of the directive are to be interpreted strictly (see, to that effect, judgments of 14 June 2007, Horizon College, C‑434/05, EU:C:2007:343, paragraph 16; of 22 October 2015, Hedqvist, C‑264/14, EU:C:2015:718, paragraphs 34 and 35; and of 25 February 2016, Commission v Netherlands, C‑22/15, not published, EU:C:2016:118, paragraph 20 and the case-law cited). | 34. It follows that, for Community or national legislation to be regarded as ‘other legislation’, it must contain precise provisions organising the management of waste and ensure a level of protection which is at least equivalent to that resulting from Directive 75/442 and, more particularly, Articles 4, 8 and 15. | 0 |
10,383 | 48. It should be noted in that regard that Directive 98/59 does not give an express definition of the concept of ‘redundancy’. None the less, in the light of the aim pursued by the directive and the context of the first subparagraph of Article 1(1)(a) thereof, it must be regarded as a concept of EU law which cannot be defined by reference to the laws of the Member States. In the present case, that concept must be interpreted as encompassing any termination of an employment contract not sought by the worker, and therefore without his consent (judgments in Commission v Portugal , C‑55/02, EU:C:2004:605, paragraphs 49 to 51, and Agorastoudis and Others , C‑187/05 to C‑190/05, EU:C:2006:535, paragraph 28). | 46
In that context, the Court emphasised the indispensable role of the user. It has held that, in order for there to be a communication to the public, that user must, in full knowledge of the consequences of its actions, give access to the television broadcast containing the protected work to an additional public and that it appears thereby that, in the absence of that intervention those ‘new’ viewers are unable to enjoy the broadcast works, although physically within the broadcast’s catchment area (see, to that effect, judgments of 7 December 2006 in SGAE, C‑306/05, EU:C:2006:764, paragraph 42 and 4 October 2011 in Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 195). | 0 |
10,384 | 72. It should be noted that it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict for any person concerned the opportunity of relying upon a provision which it has interpreted with a view to calling in question legal relationships established in good faith. In determining whether or not to limit the temporal effect of a judgment it is necessary to bear in mind that although the practical consequences of any judicial decision must be weighed carefully, the Court cannot go so far as to diminish the objectivity of the law and compromise its future application on the ground of the possible repercussions which might result, as regards the past, from a judicial decision (Case 24/86 Blaizot [1988] ECR 379, paragraphs 28 and 30, and Case C-163/90 Legros and Others [1992] ECR I-4625, paragraph 30). | 38. The criterion of insurance chosen by the Netherlands legislation favours, in the majority of cases, persons resident in that Member State. Taxpayers who are not insured under that system are more often than not non-residents. | 0 |
10,385 | 42. As regards the question whether the Netherlands administrative practice may be justified on the basis of Article 36 of the Treaty, it is for the Member States, in the absence of harmonisation and to the extent that uncertainties continue to exist in the current state of scientific research, to decide on their intended level of protection of human health and life and on whether to require prior authorisation for the marketing of foodstuffs, always taking into account the requirements of the free movement of goods within the Community (see Sandoz , paragraph 16; Commission v Denmark , paragraph 42; and Commission v France , paragraph 49). | 38. That interpretation must take account of the divergence between certain language versions of the provision in question. The French, Italian, Spanish and Portuguese versions of Article 15(6) of the Sixth Directive use the word ‘essentially’ or the equivalent thereof, whereas the Danish, German, English and Dutch versions use, respectively, the words ‘hovedsageligt’, ‘hauptsächlich’, ‘chiefly’ and ‘hoofdzakelijk’. According to the second group of expressions, the provision in question refers to airlines whose operations on international routes merely exceed their non-international operations, whereas, according to the first group of expressions, the international operations should account for almost all the business of those companies. | 0 |
10,386 | 87. First, it is appropriate to recall that the Court has consistently held that Article 87(1) EC does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects, and thus independently of the techniques used (see British Aggregates v Commission , paragraphs 85 and 89 and the case-law cited, and Case C‑279/08 P Commission v Netherlands [2011] ECR I‑0000, paragraph 51). | 63 In view of the foregoing, the answer to the third part of the second question must be that, in order to decide whether procedural rules are equivalent, the national court must verify objectively, in the abstract, whether the rules at issue are similar taking into account the role played by those rules in the procedure as a whole, as well as the operation of that procedure and any special features of those rules.
The third question | 0 |
10,387 | 73. As is apparent from the second paragraph of the preamble to the Framework Agreement and from paragraphs 6 and 8 of its general considerations, the benefit of stable employment is viewed as a major element in the protection of workers, whereas it is only in certain circumstances that fixed-term employment contracts are liable to respond to the needs of both employers and workers (judgments in Adeneler and Others , EU:C:2006:443, paragraph 62, and Fiamingo and Others , EU:C:2014:2044, paragraph 55). | 41 Those conditions are sufficient to give rise to a right on the part of individuals to obtain reparation, a right founded directly on Community law. | 0 |
10,388 | 37. It follows that the registration of a sign as a trade mark must always be applied for in relation to certain goods or services. Although, the function of the graphic representability requirement is, in particular, to define the mark itself in order to determine the precise subject of the protection afforded by the registered mark (see Sieckmann , paragraph 48) the extent of that protection is determined by the nature and the number of goods and services identified in that application.
The requirements of clarity and precision for identifying goods and services | 23
Since the referring court refers not only to Article 47 of the Charter, but also to Article 14 of the ICCPR and Article 6 of the ECHR, it should be recalled that, whilst, as Article 6(3) TEU confirms, fundamental rights recognised by the ECHR constitute general principles of EU law and whilst Article 52(3) of the Charter provides that the rights contained in the Charter which correspond to rights guaranteed by the ECHR are to have the same meaning and scope as those laid down by the ECHR, the latter does not constitute, as long as the European Union has not acceded to it, a legal instrument which has been formally incorporated into EU law (judgments of 26 February 2013 in Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 44; 3 September 2015 in Inuit Tapiriit Kanatami and Others v Commission, C‑398/13 P, EU:C:2015:535, paragraph 45; and 15 February 2016 in N., C‑601/15 PPU, EU:C:2016:84, paragraph 45). This finding also applies to the ICCPR. Accordingly, an examination of the validity of Directive 2006/112 must be undertaken solely in the light of the fundamental rights guaranteed by the Charter (see, to that effect, judgment of 15 February 2016 in N., C‑601/15 PPU, EU:C:2016:84, paragraph 46 and the case-law cited). | 0 |
10,389 | 38. Although the transfer licence at issue falls within the scope of Article 28 EC, it is clear from settled case‑law that national legislation which constitutes a measure having equivalent effect to quantitative restrictions can be justified by one of the reasons of public interest laid down in Article 30 EC or by imperative requirements (see, to that effect, Case C‑420/01 Commission v Italy , paragraph 29, and Case C‑270/02 Commission v Italy [2004] ECR I‑1559, paragraph 21). In either case, the national provision must be appropriate for securing the attainment of the objective pursued and not go beyond what is necessary in order to attain it (see, in particular, Joined Cases C‑388/00 and C‑429/00 Radiosistemi [2002] ECR I-5845, paragraphs 40 to 42, and Case C‑14/02 ATRAL [2003] ECR I‑4431, paragraph 64). | 190 It follows that the complaint must be rejected.
- Infringement of the principle that decisions are to be adopted within a reasonable time on account of the duration of the administrative procedure | 0 |
10,390 | 50. It is to be borne in mind that the Court has already held that, in the context of measures laid down by a Member State in order to prevent or mitigate the imposition of a series of charges to tax on, or the economic double taxation of, profits distributed by a resident company, resident shareholders receiving dividends are not necessarily in a situation which is comparable to that of shareholders receiving dividends who are resident in another Member State (Case C‑170/05 Denkavit Internationaal and Denkavit France [2006] ECR I‑11949, paragraph 34; Amurta , paragraph 37; and Commission v Italy , cited above, paragraph 51). | 43. Awarding damages to persons harmed by an infringement of the public procurement rules constitutes one of the remedies guaranteed under EU law. Thus, in circumstances such as those at issue in the main proceedings, the person harmed is deprived not only of the possibility of having the awarding authority’s decision annulled, but also of all the remedies provided for in Article 2(1) of Directive 89/665. | 0 |
10,391 | 59. In that connection, the Court has held, when interpreting Article 12 of Regulation No 261/2004, entitled ‘Further compensation’, that that article is intended to supplement the application of measures provided for by that regulation, so that passengers are compensated for the entirety of the damage that they have suffered due to the failure of the air carrier to fulfil its contractual obligations. That provision thus allows the national court to order the air carrier to compensate damage arising, for passengers, from breach of the contract of carriage by air on a legal basis other than Regulation No 261/2004, that is to say, in particular, in the conditions provided for by the Montreal Convention and national law (Case C-83/10 Sousa Rodríguez and Others [2011] ECR I-9469, paragraph 38). | 39 Articles 5 to 7 of the Directive embody a complete harmonisation of the rules relating to the rights conferred by a trade mark and accordingly define the rights of proprietors of trade marks in the Community (Silhouette, cited above, paragraphs 25 and 29). | 0 |
10,392 | 38. Since Article 10 of Directive 1999/31 and Articles 1 to 3 of Directive 2000/35 have direct effect, they are binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities, and those authorities are required to apply them (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33 and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 61 and the case‑law cited). | 26. He does not lose his status as worker for the purposes of Article 45 TFEU because he holds employment with an international organisation (see, to that effect, Joined Cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723, paragraph 11). | 0 |
10,393 | 66. However, when conducting such a review, the European Union judicature must not substitute its own economic assessment for that of the Commission (Case C‑525/04 P Spain v Lenzing [2007] ECR I‑9947, paragraph 57). The review by the European Union judicature of the complex economic assessments made by the Commission is necessarily limited and confined to verifying whether the rules on procedure and on the statement of reasons have been complied with, whether the facts have been accurately stated and whether there has been any manifest error of assessment or misuse of powers (see Joined Cases C‑501/06 P, C‑513/06 P, C‑515/06 P and C‑519/06 P GlaxoSmithKline Services and Others v Commission and Others [2009] ECR I‑0000, paragraph 163). | 41 Moreover, the interpretation which is to be given to Article 17 of Regulation No 2081/92 certainly does not mean that interested third parties who consider their legitimate interests infringed by the registration cannot obtain a hearing in accordance with the principles relating to judicial protection, as results from the system of Regulation No 2081/92 and is described in paragraphs 57 and 58 below. | 0 |
10,394 | 61. Where such a difference in treatment flows from the need to take account of objective requirements relating to the post which the recruitment procedure is intended to fill and which are unrelated to the fixed-term nature of the worker’s employment relationship, it is capable of being justified for the purposes of clause 4(1) and/or (4) of the framework agreement (see, to that effect, Rosado Santana , paragraph 79). | 79. Where, in a selection procedure, such a difference in treatment flows from the need to take account of objective requirements relating to the post which that procedure is intended to fill and which are unrelated to the fixed-term nature of the interim civil servant’s employment relationship, it is capable of being justified for the purposes of clause 4(1) and/or (4) of the framework agreement. | 1 |
10,395 | 40. However, it cannot be concluded from that fact alone that that provision must be interpreted as meaning that no control may be exercised under European Union law over the procedures established by Member States for the refund of excess VAT (see, to that effect, Case C‑472/08 Alstom Power Hydro [2010] ECR I‑0000, paragraph 15, and Enel Maritsa Iztok 3 , paragraph 28). | 37. Il est cependant constant que l’octroi de ce report du délai de paiement, qui est soumis à diverses conditions et ne peut, notamment, être accordé que si la situation économique et financière de l’assujetti l’empêche temporairement de s’acquitter du paiement dans les délais impartis, est dénué de tout caractère automatique. Ce dispositif ne saurait, dès lors, être considéré comme offrant à l’assujetti concerné une alternative au paiement immédiat de l’imposition et ne peut, par suite, remédier au caractère attentatoire à la liberté d’établissement que constitue un tel paiement (en ce qui concerne une telle alternative, voir arrêt National Grid Indus, précité, point 73). | 0 |
10,396 | 34
The Court has already held, in connection with the reverse charge procedure, that a limitation period the expiry of which has the effect of penalising a taxable person who has not been sufficiently diligent and has failed to claim deduction of input tax, by making him forfeit his right to deduct, cannot be regarded as incompatible with the regime established by the VAT Directive, in so far as, first, that limitation period applies in the same way to analogous rights in tax matters founded on domestic law and to those founded on EU law (principle of equivalence) and, second, that it does not in practice render impossible or excessively difficult the exercise of the right to deduct (principle of effectiveness) (judgments of 8 May 2008 in Ecotrade, C‑95/07 and C‑96/07, EU:C:2008:267, paragraph 46 and the case-law cited, and 12 July 2012 in EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 49). | 27. It follows that such a derogation must necessarily be interpreted strictly, as any derogation from or exception to a general rule is to be inte rpreted strictly. | 0 |
10,397 | 38
Finally, it should be noted that, according to the Court’s case-law, although the criterion of the nutritional need of the population of a Member State can play a role in its detailed assessment of the risks which the addition of nutrients to foodstuffs may pose for public health, the absence of such a need cannot, by itself, justify a total prohibition, on the basis of Article 36 TFEU, of the marketing of foodstuffs lawfully manufactured and/or marketed in other Member States (see judgments of 5 February 2004, Greenham and Abel, C‑95/01, EU:C:2004:71, paragraph 46; of 2 December 2004, Commission v Netherlands, C‑41/02, EU:C:2004:762, paragraph 69, and of 29 April 2010, Solgar Vitamin’s France and Others, C‑446/08, EU:C:2010:233, paragraph 60). | 23 Moreover, mortgages represent the classic method of securing a loan linked to a sale of real property, which is a transaction covered by the nomenclature. In those circumstances, a mortgage must be regarded as constituting an `other guarantee' within the meaning of point IX of the nomenclature, headed `Sureties, other guarantees and rights of pledge'. | 0 |
10,398 | 107
The effects of the guarantee scheme at issue in the main proceedings on trade between Member States must be assessed by reference to all of the shares of recognised cooperatives operating in the financial sector which it covers and not by reference to the protected capital of an individual private member of a cooperative. In any event, according to the Court’s case-law, the relatively small amount of aid or the relatively small size of the undertaking which receives it does not as such exclude the possibility that trade between Member States might be affected (judgments of 24 July 2003, Altmark Trans and Regierungspräsidium Magdeburg, C‑280/00, EU:C:2003:415, paragraph 81, and of 14 January 2015, Eventech, C‑518/13, EU:C:2015:9, paragraph 68). | 53. Next, Article 5 of the Directive provides that unfair commercial practices are to be prohibited and sets out the criteria on the basis of which practices are to be classified as being unfair. | 0 |
10,399 | 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). | 34 NEVERTHELESS , IT IS STATED IN THE SAME JUDGMENT THAT THE PARTICULAR CIRCUMSTANCES JUSTIFYING RECOURSE TO THE CONCEPT OF PUBLIC POLICY MAY VARY FROM ONE COUNTRY TO ANOTHER AND FROM ONE PERIOD TO ANOTHER AND IT IS THEREFORE NECESSARY IN THIS MATTER TO ALLOW THE COMPETENT NATIONAL AUTHORITIES AN AREA OF DISCRETION WITHIN THE LIMITS IMPOSED BY THE TREATY AND THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION .
| 1 |
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