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10,600 | 23. En particulier, la requête doit être fondée sur les mêmes motifs et moyens que ceux énoncés dans l’avis motivé (voir, notamment, arrêt Commission/Irlande, C‑50/09, EU:C:2011:109, point 93), qui doit contenir un exposé cohérent et détaillé des raisons ayant amené la Commission à avoir la conviction que l’État membre intéressé a manqué à l’une des obligations qui lui incombent en vertu du droit de l’Union (voir, notamment, arrêt Commission/Lituanie, C‑274/07, EU:C:2008:497, point 23 et jurisprudence citée). | 23. Second, the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned has failed to fulfil one of its obligations under Community law (see, Commission v Germany , cited above, paragraph 19, and Commission v United Kingdom , cited above, paragraph 26). | 1 |
10,601 | 134
As regards, in the first place, the argument according to which the General Court infringed the principle of the protection of legitimate expectations, it should be noted that, according to settled case-law, the principle of the protection of legitimate expectations is among the fundamental principles of EU law and any economic operator whom an institution has, by giving him precise insurances, caused to entertain justified expectations may rely on that principle (judgment of 24 October 2013, Kone and Others v Commission, C‑510/11 P, not published, EU:C:2013:696, paragraph 76 and the case-law cited). | 49. That conclusion does not mean that a competent national authority cannot, when authorising pharmacists for the purposes of wholesale distribution of medicinal products, take into account any equivalent conditions relating to authorisation for the purposes of retail distribution of such products, in application of national rules. | 0 |
10,602 | 34. Since, in addressing the question referred for a preliminary ruling in the case which gave rise to the judgment in Stratmann and Fleischversorgung Neuss , the Court did not answer the question whether a fee charged pursuant to point 4(b) of Chapter I of Annex A to Directive 85/73 must take the form of a standard-rated payment, it is impossible to infer any conclusion as to the answer to that question from that judgment. | 46. En l’espèce, ainsi qu’il ressort du point 41 du présent arrêt, avant l’adoption de l’article 320, les contribuables, en vue de demander le remboursement d’impôts indûment versés, avaient le droit de recourir à l’action Kleinwort Benson devant les juridictions nationales et pouvaient s’attendre à ce que la question de savoir si leurs recours étaient justifiés ou non soit tranchée par ces juridictions. | 0 |
10,603 | 27 However, in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, and Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, the Court took the view that the limitation of the effects in time of the Barber judgment concerned only those kinds of discrimination which, owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions, employers and pension schemes could reasonably have considered to be permissible (Case C-435/93 Dietz [1996] ECR I-5223, paragraph 19). | 62. En outre, il découle de la jurisprudence de la Cour que l’article 30 CE étant une exception, d’interprétation stricte, à la règle de la libre circulation des marchandises à l’intérieur de la Communauté, il appartient aux autorités nationales compétentes de démontrer que leur réglementation est propre et nécessaire pour réaliser un ou plusieurs des objectifs mentionnés à cet article ou des exigences impératives (voir, en ce sens, arrêts van Bennekom, précité, point 40; du 13 mars 1997, Morellato, C‑358/95, Rec. p. I‑1431, point 14; ATRAL, précité, point 67; Commission/Italie, précité, point 22, et du 15 novembre 2007, Commission/Allemagne, précité, point 88). | 0 |
10,604 | 21 The letting of immovable property for the purposes of Article 13B(b) of the Sixth Directive essentially involves the landlord of property assigning to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude other persons from it (see, to that effect, Case C-358/97 Commission v Ireland [2000] ECR I-6301, paragraphs 52 to 57, Case C-359/97 Commission v United Kingdom [2000] ECR I-6355, paragraphs 64 to 69; and Case C-326/99 Goed Wonen [2001] ECR I-0000, paragraph 55). | 54. As follows from Articles 4(5) and 11(2) of Directive 2004/35, read in conjunction with recital 13 thereto, in order for the environmental liability mechanism to be effective and for remedial measures to be required of an operator, the competent authority must establish a causal link between the activity of one or more identifiable operators and concrete and quantifiable damage, irrespective of the type of pollution at issue (see, to that effect, judgment in ERG and Others , EU:C:2010:126, paragraphs 52 and 53, and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 39). | 0 |
10,605 | 34. A trade mark ' s distinctiveness within the meaning of Article 3(1)(b) of the Directive must be assessed, first, by reference to those goods or services and, second, by reference to the perception of the relevant public, which consists of average consumers of the goods or services in question, who are reasonably well informed and reasonably observant and circumspect (see, inter alia, Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161, paragraph 41, and Case C-104/01 Libertel [2003] ECR I-3793, paragraphs 46 and 75). | 50 Since Article 90(2) is a provision which permits, in certain circumstances, derogation from the rules of the Treaty, there must be a strict definition of those undertakings which can take advantage of it (Case 127/73 BRT v SABAM and NV Fonior [1974] ECR 313, paragraph 19). | 0 |
10,606 | 46. It should be borne in mind that the right of nationals of one Member State to reside in the territory of another Member State without being engaged in any activity, whether on an employed or a self-employed basis, is not unconditional. Under Article 21(1) TFEU, the right of every citizen of the Union to reside in the territory of the Member States is recognised subject to the limitations and conditions laid down in the Treaty and by the measures adopted for its implementation (see, to that effect, Trojani , paragraphs 31 and 32; Case C‑200/02 Zhu and Chen [2004] ECR I‑9925, paragraph 26; and Case C‑291/05 Eind [2007] ECR I‑10719, paragraph 28). | 17. Il ressort également de la jurisprudence que l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures préparant ou visant à l’élaboration de plans (voir, en ce sens, arrêts du 2 mai 2002, Commission/France, C-292/99, Rec. p. I-4097, point 39, et du 14 avril 2005, Commission/Grèce, C-163/03, point 74). | 0 |
10,607 | 47. For the purposes of application of that provision to a particular case, account must first of all be taken of the overall context in which a decision of the association of undertakings was taken or produces its effects and, more specifically, of its objectives. It has then to be considered whether the consequential effects restrictive of competition are inherent in the pursuit of those objectives (see judgments in Wouters and Others , C‑309/99, EU:C:2002:98, paragraph 97, and Consiglio nazionale dei geologi and Autorità garante della concorrenza e del mercato , C‑136/12, EU:C:2013:489, paragraph 53). | 33. Conformément à la règle générale énoncée à l’article 73 de la directive TVA, la base d’imposition pour la livraison d’un bien ou la prestation d’un service, effectuées à titre onéreux, est constituée par la contrepartie réellement reçue à cet effet par l’assujetti. Cette contrepartie constitue la valeur subjective, à savoir réellement perçue, et non une valeur estimée selon des critères objectifs (voir, notamment, arrêts du 5 février 1981, Coöperatieve Aardappelenbewaarplaats, 154/80, Rec. p. 445, point 13, et du 26 avril 2012, Balkan and Sea Properties et Provadinvest, C‑621/10 et C‑129/11, point 43). | 0 |
10,608 | 50. So far as concerns the purport of Commission v Luxembourg , it is clear on reading paragraph 47 of that judgment that, in interpreting clause 2.1 of the Framework Agreement as meaning that the grant of parental leave is subject not to birth but to the condition that a child has been born, the Court sought to indicate that the right to parental leave is not connected with the date of birth and that it is not necessary for the child to have been born after the entry into force of Directive 96/34 in the Member State concerned. The Court thus ruled on the temporal application of Directive 96/34 and not on whether, in the event of a multiple birth, a number of periods of parental leave equal to the number of children born must be granted. | 21. The Court has established the essential characteristics of VAT. According to its case-law there are four such characteristics: VAT applies generally to transactions relating to goods or services; it is proportional to the price charged by the taxable person in return for the goods and services which he has supplied; that tax is charged at each stage of the production and distribution process, including that of retail sale, irrespective of the number of transactions which have previously taken place, and the amounts paid during the preceding stages of the production and distribution process are deducted from the VAT payable by a taxable person, with the result that that tax applies, at any given stage, only to the value added at that stage and the final burden of that tax rests ultimately on the consumer ( KÖGÁZ and Others , paragraph 37 and the case-law cited). | 0 |
10,609 | 32 It is settled case-law that freedom to provide services, as referred to in Article 59 of the EC Treaty, requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less attractive the activities of a provider of services established in another Member State where he lawfully provides similar services (see, inter alia, Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 56; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33; and Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 21). Pursuant to that rule, freedom to provide services may also be relied on by an undertaking as against the State in which it is established, if the services are provided for persons established in another Member State (see, inter alia, Commission v France, cited above, paragraph 14, and Case C-224/97 Ciola [1999] ECR I-2517, paragraph 11). | 12 Finally, under Article 1(3) of Regulation No 4055/86, the provisions of Articles 55 to 58 and 62 of the Treaty are to apply to those types of maritime transport. | 0 |
10,610 | 35. Second, the determination of the full cost to the taxable person must avoid giving a taxable person who uses an asset forming part of his business also for private use an unjustified economic advantage by comparison with a final consumer, which would result from the fact that that taxable person deducted VAT to which he was not entitled (see, to that effect, Wollny , paragraph 35). | 24 According to the legislation applicable to it, therefore, that entity was established for the purpose of meeting needs in the general interest, not having an industrial or commercial character. The documents which the ÖS must produce are closely linked to public order and the institutional operation of the State and require guaranteed supply and production conditions which ensure that standards of confidentiality and security are observed. | 0 |
10,611 | 64. In that regard, even if judgments delivered under Article 258 TFEU were to have the same effects as those delivered under Article 267 TFEU and even if considerations of legal certainty might therefore make it necessary, exceptionally, to limit their temporal effects, always provided that the conditions laid down by the Court’s case-law in the context of Article 267 TFEU are met (see, inter alia, Case C‑178/05 Commission v Greece EU:C:2007:317, paragraph 67 and the case-law cited, and Case C‑82/10 Commission v Ireland EU:C:2011:621, paragraph 63 and the case-law cited), it must be held that, in the present case, Hungary has not established that those conditions have been met. In particular, in the light of the failure to fulfil obligations established in paragraph 62 above, the phrase ‘with complete independence’ in the second subparagraph of Article 28(1) of Directive 95/46 is clear in itself and, in any event, that phrase has already been interpreted by the Court in Case C‑518/07 Commission v Germany EU:C:2010:125, that is to say, more than a year before the failure established in the present case. Following that judgment, EU law could not reasonably have been understood as authorising Hungary to call upon the Supervisor to vacate office without serving his full term. | 69 However, such a tax is contrary to the principle of proportionality in so far as the aim which it pursues might be achieved by introducing a tax proportionate to the duration of the registration of the vehicle in the State where it is used, which would ensure there was no discrimination with respect to amortisation of the tax against vehicle leasing undertakings established in other Member States. | 0 |
10,612 | 16. When the Court, in the exercise of the jurisdiction conferred on it by Article 234 EC, interprets a provision of Community law, it defines the meaning and scope of that provision as it ought to have been understood and applied from its entry into force (see, to this effect, Case 61/79 Denkavit italiana [1980] ECR 1205, paragraph 16; Case C-62/93 BP Supergas [1995] ECR I-1883, paragraph 39; and Case C-453/00 Kühne & Heitz [2004] ECR I-837, paragraph 21). The only circumstances where that is not the case are where, exceptionally, the Court limits the temporal effect of that interpretation in its judgment (see, to this effect, Denkavit italiana , cited above, paragraph 17; Case C-366/99 Griesmar [2001] ECR I-9383, paragraph 74; and, for a recent application of those principles with regard to VAT, Joined Cases C-453/02 and C‑462/02 Linneweber and Akritidis [2005] ECR I-1131, paragraphs 41 to 45). | 15 Nor does the parallel with crutches, expressly mentioned under heading 9021, permit classification under that heading, given that the functions performed are different: whereas crutches are essential for a person with a mobility handicap, the items in question merely facilitate walking with a plaster cast. | 0 |
10,613 | 13 In its judgments in Case 154/80 Cooeperatieve Aardappelenbewaarplaats [1981] ECR 445, paragraph 12, and Case 230/87 Naturally Yours Cosmetics [1988] ECR 6365, paragraph 11, the Court stated on this point that the basis of assessment for a provision of services is everything which makes up the consideration for the service and that a provision of services is therefore taxable only if there is a direct link between the service provided and the consideration received (see also the judgment in Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraphs 11 and 12). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,614 | 58. The Court has however held that public authorities are bound, when they envisage granting such a concession, to comply with the fundamental rules of the Treaty, in general, and the principle of non-discrimination on the grounds of nationality, in particular (see, particularly, to that effect, Telaustria and Telefonadress , cited above, paragraph 60; Coname , cited above, paragraph 16; Case C‑458/03 Parking Brixen [2005] ECR I‑8585, paragraph 46; and ANAV , paragraph 18). | 46. Notwithstanding the fact that public service concession contracts are, as Community law stands at present, excluded from the scope of Directive 92/50, the public authorities concluding them are, none the less, bound to comply with the fundamental rules of the EC Treaty, in general, and the principle of non-discrimination on the ground of nationality, in particular (see, to that effect, Case C-324/98 Telaustria and Telefonadress [2000] ECR I-10745, paragraph 60, and Case C-231/03 Coname [2005] ECR I-0000, paragraph 16). | 1 |
10,615 | 30. To the extent that the case in the main proceedings falls within the scope of that provision, it is not necessary to rule on the interpretation of Article 21 TFEU. The latter provision, which sets out generally the right of every citizen of the European Union to move and reside freely within the territory of the Member States, finds specific expression in Article 45 TFEU in relation to freedom of movement for workers (see, inter alia, ITC , paragraphs 64 and 65; Case C-287/05 Hendrix [2007] ECR I-6909, paragraphs 61 and 62; and Case C-367/11 Prete [2012] ECR, paragraph 20). | 33
In the second place, as Stock ‘94 itself acknowledges in its observations, not having authorisation to act as a credit institution, it could not grant loans to the integrated producers without their being intended for the purchase of its current assets. | 0 |
10,616 | 66. In so far as the appellants claim, in the alternative, that the Court should reduce the amount of the fine imposed on them, it should be recalled that the sanction for a breach, by a court of the European Union, of its obligation under the second paragraph of Article 47 of the Charter to adjudicate on the cases before it within a reasonable time must be an action for damages brought before the General Court, since such an action constitutes an effective remedy. Accordingly, a claim for compensation for the damage caused by the failure on the part of the General Court to adjudicate within a reasonable time may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself ( Gascogne Sack Deutschland v Commission EU:C:2013:768, paragraphs 86 to 90; Kendrion v Commission EU:C:2013:771, paragraphs 91 to 95; and Groupe Gascogne v Commission EU:C:2013:770, paragraphs 80 to 84). | 39. The information provided in orders for reference must not only enable the Court to reply usefully but must also give the Governments of the Member States and other interested parties the opportunity to submit observations pursuant to Article 23 of the Statute of the Court of Justice. It is the Court’s duty to ensure that that opportunity is safeguarded, bearing in mind that under that provision only the orders for reference are notified to the interested parties ( Albany , paragraph 40, and Case C‑145/03 Keller [2005] ECR I-2529, paragraph 30). | 0 |
10,617 | 67. It is for the national authorities to draw the consequences, in their legal system, of a declaration of invalidity made in the context of an assessment of validity in a reference for a preliminary ruling (Case 23/75 Rey Soda [1975] ECR 1279, paragraph 51), which has the consequence that anti-dumping duties, paid under Regulation No 2398/97 are not legally owed within the meaning of Article 236(1) of Regulation No 2913/92 and should, in principle, be repaid by the customs authorities in accordance with that provision, provided that the conditions to which such repayment is subject, including that set out in Article 236(2), are satisfied, this being a matter for the national court to verify. | In those circumstances, the appeal is admissible. That said, that conclusion is without prejudice to the examination of the admissibility of certain arguments considered individually (judgment of 14 June 2016, Marchiani v Parliament, C‑566/14 P, EU:C:2016:437, paragraph 34). | 0 |
10,618 | 31. The principle of neutrality, which forms an integral part of the common system of VAT, requires that the method by which the deduction is calculated objectively reflects the actual share of the expenditure resulting from the acquisition of mixed use goods and services that may be attributed to transactions in respect of which VAT is deductible (see, to that effect, judgment in Securenta , C‑437/06, EU:C:2008:166, paragraph 37). | 88. In complaining that the Court of First Instance did not hold that the differences between the goods in question were more important than the one characteristic they shared, namely that they are aimed at the same potential end-consumers, the appellant is, in reality, asking the Court of Justice to substitute its own assessment of the facts for that of the Court of First Instance, contained in paragraphs 66 and 67 of the judgment under appeal (see, by analogy, regarding the assessment of the similarities between two trade marks, Case C‑361/04 P Ruiz-Picasso and Others v OHIM [2006] ECR I-0000, paragraph 23, and Case C‑206/04 P Muelhens v OHIM [2006] ECR I-0000, paragraph 41). Unless there has been distortion, which has not been alleged here, such an argument is not a point of law which is subject, as such, to review by the Court of Justice, for the reasons given in paragraph 49 of this judgment. | 0 |
10,619 | 86. As regards judicial review of compliance with that principle, bearing in mind the wide discretionary power enjoyed by the Commission in particular in matters concerning safeguard measures, as the Court of First Instance observed in paragraph 165 of the judgment under appeal, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate in terms of the objective which the competent institution is seeking to pursue (Case C-301/97 Netherlands v Council , paragraph 145; Fedesa , paragraph 14; Crispoltoni , paragraph 42; and Jippes , paragraph 82). | 10 HEADING 12.02 CANNOT APPLY TO FLOUR EXTRACTED FROM SOYA BECAUSE ITS MANUFACTURE YIELDS A DEFATTED PRODUCT . ACCORDING TO THE WORDING OF THE HEADING AND THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATIONAL COUNCIL NOMENCLATURE ONLY FLOURS OR MEALS OF OIL SEEDS AND OLEAGINOUS FRUIT , NON-DEFATTED , COME UNDER THE HEADING .
| 0 |
10,620 | 66 It should be observed 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 the provisions thus interpreted with a view to calling in question legal relationships established in good faith. As the Court has consistently held, such a restriction may be allowed only in the actual judgment ruling upon the interpretation sought. 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 (judgments in Case 24/86 Blaizot v University of Liège and Others [1988] ECR 379, paragraphs 28 and 30, and Case C-163/90 Administration des Douanes et Droits Indirects v Legros and Others [1992] ECR I-4625, paragraph 30). | 81. En troisième lieu, l’article 36, paragraphe 1, de la directive 2008/98 prévoit que les États membres prennent les mesures nécessaires pour interdire l’abandon, le rejet ou la gestion incontrôlée des déchets. Sur la base des éléments factuels rappelés au point 80 du présent arrêt, il y a lieu de constater que, en ne prenant pas les mesures nécessaires pour interdire la gestion incontrôlée des déchets dans la décharge du site de Kiato, la République hellénique a manqué aux obligations qui lui incombent en vertu de l’article 36, paragraphe 1, de la directive 2008/98. | 0 |
10,621 | 39. It is apparent from the case‑law that, in the light of the objectives pursued by Directive 69/335, the meaning of ‘tax’ for the purposes of that directive must, in principle, be broadly interpreted (see, to that effect, Case C‑426/98 Commission v Greece [2002] ECR I‑2793, paragraph 25, and Case C‑22/03 Optiver and Others [2005] ECR I‑1839, paragraphs 30 and 31). | 55 The only purpose of considering the grounds of the judgment which set out the precise reasons for the illegality found by the Community Court (see, in particular, the judgment of the Court of Justice in Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31) is to determine the exact meaning of the ruling made in the operative part of the judgment. The authority of a ground of a judgment annulling a measure cannot apply to the situation of persons who were not parties to the proceedings and with regard to whom the judgment cannot therefore have decided anything whatever. | 0 |
10,622 | 35 If Article 9(2) of the directive were to be interpreted as meaning that the addressee of a decision refusing to issue a first residence permit or a decision ordering expulsion before the issue of such a permit was entitled to obtain an opinion from the competent authority mentioned in Article 9(1) in circumstances other than those defined in that paragraph, he would be entitled to do so even where the remedies available entailed a review of the substance and an exhaustive examination of all the facts and circumstances. Such an interpretation would not be in accordance with the purpose of the provisions, since the procedure of referral for consideration and an opinion provided for in Article 9 is intended to mitigate the effect of deficiencies in the remedies referred to in Article 8 of the directive (Pecastaing, paragraph 20). | 41. Il importe, d’emblée, de rappeler que, en vertu d’une jurisprudence constante, en l’absence de mesures d’unification ou d’harmonisation adoptées par l’Union, les États membres demeurent compétents pour déterminer les critères d’imposition des revenus et de la fortune en vue d’éliminer, le cas échéant par voie conventionnelle, les doubles impositions. Dans ce contexte, les États membres sont libres, dans le cadre de conventions bilatérales tendant à éviter les doubles impositions, de fixer les facteurs de rattachement aux fins de la répartition de la compétence fiscale (voir, notamment, arrêts de Groot, précité, point 93; du 16 octobre 2008, Renneberg, C-527/06, Rec. p. I‑7735, point 48, et du 28 février 2013, Beker, C‑168/11, point 32). | 0 |
10,623 | 56. The prohibition on discrimination enunciated in the abovementioned provisions is merely a particular expression of a fundamental principle of Community law, namely the general principle of equality under which comparable situations may not be treated differently unless the difference is objectively justified (see Case C‑381/99 Brunnhofer [2001] ECR I-4961, paragraph 28, and Case C-320/00 Lawrence and Others [2002] ECR I-7325, paragraph 12). That principle can therefore apply only to persons in comparable situations (Joined Cases C‑122/99 P and C-125/99 P D and Sweden v Council [2001] ECR I-4319, paragraph 48). | 30. In that regard, it should first be recalled that, under Article 8(3) of Directive 2001/29 and the third sentence of Article 11 of Directive 2004/48, holders of intellectual property rights may apply for an injunction against intermediaries, such as ISPs, whose services are being used by a third party to infringe their rights. | 0 |
10,624 | 37. Accordingly, the authorities of a Member State, when considering a request by a national of another Member State for access to a practical training period with a view to exercising a regulated profession at a later date, must take into consideration the professional qualification of the person concerned by comparing the qualifications attested by his diplomas, certificates and other formal qualifications as well as by his relevant professional experience with the professional requirements laid down by the national rules (see to that effect, inter alia, Vlassopoulou , paragraph 16, and Morgenbesser , paragraphs 57 and 58). | 15. As regards, in the first place, the duty-free importation, Regulation No 918/83 lays down conditions in relation to (i) the importer and (ii) the nature of the property imported. | 0 |
10,625 | 49
As regards that requirement, the Court has repeatedly held that it implies that the purpose of granting a delegated power is to achieve the adoption of rules coming within the regulatory framework as defined by the basic legislative act (judgments of 18 March 2014, Commission v Parliament and Council, C‑427/12, EU:C:2014:170, paragraph 38; of 16 July 2015, Commission v Parliament and Council, C‑88/14, EU:C:2015:499, paragraph 29; and of 17 March 2016, Parliament v Commission, C‑286/14, EU:C:2016:183, paragraph 30). The Court’s case-law requires in particular that the definition of the power conferred is sufficiently precise, in that it must indicate clearly the limits of the power and must enable the Commission’s use of the power to be reviewed by reference to objective criteria fixed by the EU legislature (see, to that effect, judgments of 5 July 1988, Central-Import Münster, 291/86, EU:C:1988:361, paragraph 13, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 90). | 33. Ainsi qu’il ressort du dossier de la présente affaire, les entreprises exerçant les activités de certification, à savoir les SOA, opèrent, comme l’a relevé M. l’avocat général au point 57 de ses conclusions, dans les conditions de la concurrence. | 0 |
10,626 | 38 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). | 49. If, on the other hand, the verifications to be carried out do not require presentation of the goods, for example where the application for revision envisages only the examination of accounting or contractual documents, a revision is possible in principle. | 0 |
10,627 | 54. It is also apparent from that provision that, as found by the Court of First Instance in a correct and consistent manner, facts not submitted by the parties before the departments of OHIM cannot be submitted at the stage of the appeal brought before that Community court. The Court of First Instance is called upon to assess the legality of the decision of the Board of Appeal by reviewing the application of Community law made by that board, particularly in the light of facts which were submitted to the latter (see, to that effect, Case C‑214/05 P Rossi v OHIM [2006] ECR I‑7057, paragraph 50). By contrast, that Court cannot carry out such a review by taking into account matters of fact newly produced before it. | 20. The Court added that, where a plan or project not directly connected with or necessary to the management of a site is likely to undermine the site’s conservation objectives, it must be considered likely to have a significant effect on that site. The assessment of that risk must be made in the light inter alia of the characteristics and specific environmental conditions of the site concerned by such a plan or project ( Sweetman and Others EU:C:2013:220, paragraph 30). | 0 |
10,628 | 96. Tel est a fortiori le cas depuis l’entrée en vigueur du traité FUE, dès lors que, ainsi qu’il a été rappelé au point 35 du présent arrêt, ce traité a supprimé, dans la procédure en manquement au titre de l’article 260, paragraphe 2, TFUE, l’étape consacrée à l’émission d’un avis motivé (voir arrêt Commission/République tchèque, C‑241/11, EU:C:2013:423, point 45). | 69. However, in so far as all practical experience in the pursuit of related activities can increase an applicant’s knowledge, it is incumbent on the competent national authorities to take into consideration all practical experience of use in the pursuit of the profession to which access is sought. The precise value to attach to such experience will be for the competent national authority to determine in the light of the specific functions carried out, knowledge acquired and applied in pursuit of those functions, responsibilities assumed and the level of independence accorded to the person concerned. | 0 |
10,629 | 36. According to settled case-law, the exception to the prohibition of discrimination on grounds of sex provided for in Article 7(1)(a) of Directive 79/7 must be interpreted strictly (see Case 152/84 Marshall [1986] ECR 723, paragraph 36; Case 262/84 Beets-Proper [1986] ECR 773, paragraph 38; and Case C-328/91 Thomas and Others [1993] ECR I-1247, paragraph 8). | 39. Il résulte des constatations qui précèdent que la première question vise, en réalité, à conduire la Cour à formuler une opinion consultative sur une question générale qui est sans objet pour la solution du litige pendant devant la Corte dei conti, sezione giurisdizionale per la Regione Siciliana. | 0 |
10,630 | 10 It must also be stated that, according to the established case-law of the Court (see in particular Case 60/85 Luijten v Raad van Arbeid [1986] ECR 2365, paragraphs 12 and 13), the principle that a single system of legislation should apply to workers moving within the Community, which had been applied under Regulation No 3 of the Council concerning social security for migrant workers, is expressed in Title II, "Determination of the Legislation Applicable", of Regulation No 1408/71, Article 13(1) of which provides that the persons concerned are to be subject to the legislation of a single Member State only and that such legislation "shall be determined in accordance with the provisions of this Title". | 46. It follows that, in the present case, EU law does not preclude German law from making access to that activity contingent on the possession of the knowledge and qualifications deemed to be necessary (see, by analogy, judgment in Brouillard , C‑298/14, EU:C:2015:652, paragraph 50). | 0 |
10,631 | 34. Selon la jurisprudence de la Cour, la preuve que l’usage de la marque postérieure porte ou porterait préjudice au caractère distinctif de la marque antérieure suppose que soient démontrés une modification du comportement économique du consommateur moyen des produits ou des services pour lesquels la marque antérieure est enregistrée consécutive à l’usage de la marque postérieure ou un risque sérieux qu’une telle modification se produise dans le futur (arrêt Intel Corporation, précité, points 77 et 81 ainsi que point 6 du dispositif). | 37. Il convient de rappeler que, dans la mesure où une concession de services présente un intérêt transfrontalier certain, son attribution, en l’absence de toute transparence, à une entreprise située dans l’État membre dont relève le pouvoir adjudicateur est constitutive d’une différence de traitement au détriment des entreprises susceptibles d’être intéressées par celle-ci qui sont situées dans un autre État membre. En excluant toutes ces entreprises, une telle différence de traitement joue principalement au détriment de ces dernières et constitue, dès lors, une discrimination indirecte selon la nationalité, interdite, en principe, par application des articles 49 TFUE et 56 TFUE (voir, en ce sens, arrêt ASM Brescia, précité, points 59 et 60 ainsi que jurisprudence citée). | 0 |
10,632 | 50. In that regard, it must be borne in mind that, in accordance with settled case-law, the prohibition of measures having equivalent effect to quantitative restrictions on imports laid down in Article 34 TFEU covers any measure of the Member States that is capable of hindering, directly or indirectly, actually or potentially, intracommunity trade (see, inter alia, Case C-217/99 Commission v Belgium , paragraph 16; Case C-65/05 Commission v Greece [2006] ECR I-10341, paragraph 27; Case C-54/05 Commission v Finland [2007] ECR I-2473, paragraph 30; judgment of 24 April 2008 in Case C-286/07 Commission v Luxembourg , paragraph 27; and Case C-443/10 Bonnarde [2011] ECR I-9327, paragraph 26). | 18 Before replying to these questions, it is appropriate to describe briefly the basic principle of the VAT system and how it operates. | 0 |
10,633 | 40. A Member State is, moreover, required to make reparation for loss and damage caused to individuals as a result of breaches of Community law. Where the conditions for State liability are fulfilled, it is for the national court to apply that principle (see, inter alia, Case C‑66/95 Sutton [1997] ECR I-2163, paragraph 35, and Case C‑224/01 Köbler [2003] ECR I‑10239, paragraphs 51 and 52). | 49. That is evident from paragraphs 52, 53, 55 and 56 of the Commission Notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ 2001 C 68, p. 3). In particular, paragraph 56 of that notice states that ‘the trustee will assume specified duties designed to ensure compliance in good faith with the commitments on behalf of the Commission’. | 0 |
10,634 | 24 The principle of State liability for loss and damage caused to individuals as a result of breaches of Community law for which the State can be held responsible is inherent in the system of the Treaty (judgment in Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35, and judgment in Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame, not yet published in the ECR, paragraph 31). Furthermore, the conditions under which State liability gives rise to a right to reparation depend on the nature of the breach of Community law giving rise to the loss or damage (judgment in Francovich and Others, cited above, paragraph 38; judgment in Brasserie du Pêcheur and Factortame, cited above, paragraph 38). | 24 That is the place where it is least expensive for the employee to commence proceedings against his employer or to defend himself in such proceedings. The courts for that place are also best placed and, therefore, the most appropriate to resolve the dispute relating to the contract of employment. | 0 |
10,635 | 21. Il convient de rappeler que, selon une jurisprudence constante, l’objet d’un recours en manquement, en application de l’article 226 CE, est fixé par l’avis motivé de la Commission, de sorte que le recours doit être fondé sur les mêmes motifs et moyens que cet avis (voir arrêt du 9 novembre 2006, Commission/Royaume‑Uni, C‑236/05, Rec. p. I‑10819, point 10 et jurisprudence citée). | 10. In that connection it must be recalled, first of all, that according to settled case-law the subject-matter of an action brought under Article 226 EC is determined by the Commission’s reasoned opinion (see Case C-29/90 Commission v Greece [1992] ECR I-1971, paragraph 12, and Case C-280/89 Commission v Ireland [1992] ECR I-6185, paragraph 7), so that the action must be based on the same grounds and pleas as the reasoned opinion (see Case C-456/03 Commission v Italy [2005] ECR I-5335, paragraph 35 and the case-law cited, and Case C-33/04 Commission v Luxembourg [2005] ECR I-10629, paragraph 36). | 1 |
10,636 | 21. In so far as Article 65(1)(a) TFEU is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the State in which they invest their capital is automatically compatible with the Treaty (see Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 57; Case C‑510/08 Mattner [2010] ECR I‑3553, paragraph 32; and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 56). | While it is true that those recitals were presented by the hearing offer in the form of general observations made ‘as a preliminary point’ and that the hearing officer stated several times that he was not competent to deal with the appellants’ arguments alleging breach of the principles of protection of legitimate expectations and equal treatment, it is nevertheless the case that, in view of those recitals, it cannot be considered that it is obvious from the decision at issue that the hearing officer did not take account of those arguments. | 0 |
10,637 | 22. In this connection, it should be recalled that, in accordance with the third paragraph of Article 288 TFEU, the binding nature of a directive, which constitutes the basis for the possibility of relying on it, exists only in relation to ‘each Member State to which it is addressed’. It follows, according to settled case-law, that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against such a person before a national court (Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 9; Case C‑91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; and Dominguez , paragraph 37 and the case-law cited). | 27 Indeed, the file indicates that the provisions of domestic law in question apply without distinction to situations governed by domestic law and to situations governed by Community law, and sometimes to both simultaneously. In German domestic law, those provisions must be interpreted and applied uniformly, whether the applicable law is domestic law or Community law. For the purposes of their application to situations governed by Community law, the provisions in question are to be interpreted and applied in accordance with Article 244 of the Code. Consequently, German law requires that the domestic provisions in question should always be applied in accordance with that article. | 0 |
10,638 | 30. It follows that Everything Everywhere’s customers who pay their mobile telephone bills using one of the payment methods which incur the SPHC do not intend to purchase two distinct supplies, namely a supply of a mobile telephone service and a supply whose purpose is to handle their payments. From the customer’s point of view, the supply of payment handling services supposedly provided by the telecommunications services provider to its customers at the time those services are paid for using certain payment methods must, in the circumstances such as those of the main proceedings, be regarded for VAT purposes, as being ancillary to the principal supply of those telecommunications services (see, by analogy, Joined Cases C‑308/96 and C‑94/97 Madgett and Baldwin [1998] ECR I‑6229, paragraphs 24 and 25). | 104. Nor can it be denied that an infringement of the rights of the defence at the stage of the administrative procedure cannot be remedied by the mere fact that access was made possible at a later stage, in particular during the judicial proceedings relating to an action in which annulment of the contested decision is sought (see Hercules Chemicals v Commission , paragraph 78, and Limburgse Vinyl Maatschappij and Others v Commission , paragraph 318). | 0 |
10,639 | 12 In that respect, it should be noted that in the so-called "tourist guide" cases (Case C-154/89 Commission v France [1991] ECR I-659, paragraph 10; Case C-180/89 Commission v Italy [1991] ECR I-709, paragraph 9; and Case C-198/89 Commission v Greece [1991] ECR I-727, paragraph 10) the Court held that the provisions of Article 59 must apply in all cases where a person providing services offers those services in a Member State other than that in which he is established, wherever the recipients of those services may be established. | 23. Regarding the justification of an objective as to quality put forward by the national court, the Court finds that a national measure which restricts the free movement of goods may not be justified solely on the ground that it aims to promote quality foodstuffs. In order to justify a restriction on the free movement of goods, such an objective may be taken into account only in relation to other requirements which have been recognised as being imperative, such as consumer or health protection. | 0 |
10,640 | 40
According to settled case-law, the Court may, however, in the framework of the judicial cooperation provided for by that article and on the basis of the material presented to it, provide the national court with an interpretation of EU law which may be useful to it in assessing the effects of such rules (see, inter alia, judgment of 28 September 2006, Van Straaten, C‑150/05, EU:C:2006:614, paragraph 37 and the case-law cited). | 112. It should also be borne in mind that the statement of reasons thus required is all the more necessary when OHIM decides to reject the evidence submitted out of time. | 0 |
10,641 | 21. The Court has made it clear that that interpretation results in the exclusion of certain judicial decisions from the scope of the Brussels Convention, owing either to the legal relationships between the parties to the action or to its subject-matter (LTU , paragraph 4, and Baten , paragraph 29). | 14WHILST THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS AND ON MARKETING STANDARDS FOR EGGS CONTAIN DETAILED RULES RELATING TO GRADING BY QUALITY AND WEIGHT , PACKING , WAREHOUSING , TRANSPORT , PRESENTATION AND MARKING OF EGGS THEY CONTAIN NO PROVISION RELATING TO THE SELLING PRICE OF LABELS OR THE METHOD OF FINANCING THE ADMINISTRATE COSTS INHERENT IN THE SUPERVISION .
| 0 |
10,642 | 72. Since Bozkurt (cited above), paragraphs 14, 19 and 20, the Court has consistently inferred from the wording of Article 12 of the Association Agreement and Article 36 of the Additional Protocol, as well as from the objective of Decision No 1/80 ─ which is progressively to secure freedom of movement for workers, guided by Articles 48, 49 and 50 of the Treaty ─ that the principles laid down in those articles must be extended, so far as possible, to Turkish nationals who enjoy the rights conferred by Decision No 1/80 (see, inter alia , Case C-340/97 Nazli [2000] ECR I-957, paragraphs 50 to 55, and the references cited therein). | 103 By the effect of that regulation, the Community thus acquired exclusive competence to contract with non-member countries the obligations relating to CRSs offered for use or used in its territory. | 0 |
10,643 | 47. In that regard, it should be noted that the situation of a male employee parent and that of a female employee parent are comparable as regards the bringing-up of children (see judgments in Commission v France , 312/86, EU:C:1988:485, paragraph 14; Griesmar , C‑366/99, EU:C:2001:648, paragraph 56; and Commission v Greece , C‑559/07, EU:C:2009:198, paragraph 69). | 295. Next, it is to be noted that the powers provided for in Articles 60 EC and 301 EC may be exercised only in pursuance of the adoption of a common position or joint action by virtue of the provisions of the EC Treaty relating to the CFSP which provides for action by the Community. | 0 |
10,644 | 69 The Court has consistently held ( see in particular the judgment of 26 June 1986 in Case 203/85 Nicolet Instrument (( 1986 )) ECR 2049, paragraph 10 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 33. Moreover, as is evident from recitals 2 and 12 in the preamble thereto, the purpose of Directive 2003/6 is to protect the integrity of the European Union financial markets and to enhance investor confidence in those markets. That confidence depends on, inter alia, investors being placed on an equal footing and protected against the improper use of insider information (see, to that effect, Case C-45/08 Spector Photo Group and Van Raemdonck [2009] ECR I-12073, paragraph 47, and Case C-445/09 IMC Securities [2011] ECR I-5917, paragraph 27). | 0 |
10,645 | 81. According to the case-law relating to the tractor market, referred to in paragraph 69 of this judgment, in which the Court of First Instance and the Court of Justice first examined an agreement on the exchange of information in the context of the EC Treaty and the general findings of which can be applied to the ECSC Treaty, such an agreement is incompatible with the rules on competition if it reduces or removes the degree of uncertainty as to the operation of the market in question with the result that competition between undertakings is restricted (see, in particular, Case C-7/95 P John Deere , cited above, paragraph 90). | 207
With regard to judicial review of compliance with that principle, it should also be borne in mind, as has already been stated in paragraph 124 of the present judgment, that the EU institutions must be allowed broad discretion when they adopt measures in areas which entail choices on their part, including of a political nature, and in which they are called upon to undertake complex assessments. Consequently, the legality of a measure adopted in one of those areas can be affected only if the measure is manifestly inappropriate having regard to the objective which those institutions are seeking to pursue (see, to that effect, judgment of 4 May 2016, Poland v Parliament and Council, C‑358/14, EU:C:2016:323, paragraph 79 and the case-law cited). | 0 |
10,646 | 76. Consequently it is apparent that the expression ‘equivalent legal measures’ in clause 5(1) of the Framework Agreement is intended to cover any national legal measure whose purpose, like that of the measures laid down by that clause, is to prevent effectively the misuse of successive fixed-term employment contracts or relationships (see, to that effect, Adeneler and Others , paragraph 65). | 22 Observance of the institutional balance means that each of the institutions must exercise its powers with due regard for the powers of the other institutions . It also requires that it should be possible to penalize any breach of that rule which may occur . | 0 |
10,647 | 67. An intervener has no standing to raise a plea of inadmissibility not set out in the form of order sought by the defendant (see Case C‑313/90 CIRFS and Others v Commission [1993] ECR I‑1125, paragraphs 21 and 22; Case C-225/91 Matra v Commission [1993] ECR I‑3203, paragraphs 11 and 12; and Case C‑13/00 Commission v Ireland [2002] ECR I‑2943, paragraph 5). | 19 With such a complete system in place, Member States of destination have no power to adopt, in the field covered by the directive, measures other than those exhaustively laid down therein . | 0 |
10,648 | 29 The Court has also repeatedly held that the Directive is essentially designed to facilitate the practical application of the principle of equal pay laid down in Article 119 of the Treaty and in no way alters the scope or content of that principle as defined in Article 119 (see, in particular, Case C-262/88 Barber [1990] ECR I-1889, paragraph 11, and JämO, cited above, paragraph 37), so that the terms used in the Treaty article and in the Directive have the same meaning (see, as regards pay, Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraph 35, and as regards the same work, Case C-309/97 Angestelltenbetriebsrat der Wiener Gebietskrankenkasse [1999] ECR I-2865, paragraph 23). | 60. In that regard, the fact that the amendments recorded by the contested decision were adopted by the Netherlands legislation cannot call that finding into question. As was also observed by the Advocate General in points 94 and 98 of his Opinion, the Kingdom of the Netherlands does not have any discretion when implementing the contested decision. | 0 |
10,649 | 40. It must be borne in mind that the system of remedies set up by the Treaty distinguishes between the remedies provided for in Articles 226 EC and 227 EC, which permit a declaration that a Member State has failed to fulfil its obligations, and those contained in Articles 230 EC and 232 EC, which permit judicial review of the lawfulness of measures adopted by the Community institutions, or the failure to adopt such measures. Those remedies have different objectives and are subject to different rules. In the absence of a provision of the Treaty expressly permitting it to do so, a Member State cannot, therefore, properly plead the unlawfulness of a decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision (see, in particular, Case 226/87 Commission v Greece [1988] ECR 3611, paragraph 14; Case C-74/91 Commission v Germany [1992] ECR I-5437, paragraph 10; and Case C-404/97 Commission v Portugal [2000] ECR I-4897, paragraph 34). | 107. En outre, il n’appartient pas non plus à la Cour, lorsqu’elle statue sur un pourvoi, de substituer, pour des motifs d’équité, son appréciation à celle du Tribunal statuant, dans l’exercice de sa compétence de pleine juridiction, sur le montant de l’amende infligée à une entreprise en raison de la violation par celle-ci des règles du droit de l’Union (voir, notamment, arrêt du 10 mai 2007, SGL Carbon/Commission, C‑328/05 P, Rec. p. I‑3921, point 98 et la jurisprudence citée). Au surplus, il est de jurisprudence constante que, lorsqu’elle procède à la détermination du montant d’une telle amende, la Commission n’est pas obligée de tenir compte de la situation économique de l’entreprise concernée, puisque la reconnaissance d’une telle obligation reviendrait à procurer des avantages concurrentiels injustifiés aux entreprises les moins adaptées aux conditions du marché (voir, notamment, arrêt SGL Carbon/Commission, précité, point 100 et la jurisprudence citée). | 0 |
10,650 | 26
The situation of a taxpayer such as Mr Kohll, receiving a pension paid in consideration of employment carried out in a Member State other than that of which he is a national and in which he resides at the time of the facts in the main proceedings, is different from that of a person who has spent his entire working life in a Member State of which he is a national and who has only exercised the right to reside in another Member State after having retired, and who cannot therefore rely on the free movement guaranteed by Article 45 TFEU (see, to that effect, judgment of 9 November 2006 in Turpeinen, C‑520/04, EU:C:2006:703, paragraph 16). | 52. Furthermore, it must be stated that, according to the case-law of the Court, where it is apparent that they are contrary to the wording of the headings of the CN and the section or chapter notes, the Explanatory Notes to the CN must be disregarded (see, to that effect, Case C‑229/06 Sunshine Deutschland Handelgesellschaft EU:C:2007:239, paragraph 31; Case C‑312/07 JVC France EU:2008:324, paragraph 34, and Kamino International Logistics EU:C:2009:105, paragraphs 49 and 50). | 0 |
10,651 | 210. It is, in principle, for the national courts to apply the criteria for establishing the liability of Member States for damage caused to individuals by breaches of Community law ( Brasserie du Pêcheur and Factortame , paragraph 58, and Köbler , paragraph 100), in accordance with the guidelines laid down by the Court for the application of those criteria ( Brasserie du Pêcheur and Factortame , paragraphs 55 to 57; Case C-392/93 British Telecommunications [1996] ECR I‑1631, paragraph 41; Denkavit and Others , paragraph 49; and Konle , paragraph 58). | 33. By contrast, the interpretation of Article 18 of Directive 96/67 provided by the Italian Government, particularly as regards the taking into account of social considerations, would make the entry of new suppliers of services in the groundhandling market unduly difficult, as they would be obliged to take over the staff employed by the previous supplier. As a result, the rational use of airport infrastructures and the reduction of the costs of the services charged to users would be impaired. | 0 |
10,652 | 48. In that regard, it must be observed that Directive 83/189 is designed to protect, by means of preventive monitoring, the free movement of goods, which is one of the foundations of the Community (see, inter alia, Case C-226/97 Lemmens [1998] ECR I-3711, paragraph 32). | 75. It is clear from the foregoing that only the rules applicable to the initial period from 1994 to 1999 do not set a time-limit for the Commission to adopt a decision on financial corrections. | 0 |
10,653 | 60. Although, as the Advocate General observed in paragraph 58 of her Opinion, that definition is broad enough to include products which, although they are capable of having an effect on bodily functions have in fact another purpose, that criterion must not lead to the classification as a medicinal product by function of substances which, while having an effect on the human body, do not significantly affect the metabolism and thus do not strictly modify the way in which it functions ( Upjohn , paragraph 22). | 32. It follows from that conclusion that it is irrelevant, for a finding of an infringement of the distribution right, that such advertising is not followed by the transfer of ownership of the protected work or a copy thereof to the purchaser. | 0 |
10,654 | 49. However, the conditions of affiliation to the social security schemes of the Member States, the organisation of which is within their powers, must comply with EU law and must not have the effect of excluding from the scope of national legislation, such as that at issue in the main proceedings, persons to whom that legislation applies pursuant to Regulation No 1408/71 (see, to that effect, judgments in Kits van Heijningen , C‑2/89, EU:C:1990:183, paragraph 20, and Salemink , C‑347/10, EU:C:2012:17, paragraphs 38 to 40). | 86
That the right guaranteed by Article 4 of the Charter is absolute is confirmed by Article 3 ECHR, to which Article 4 of the Charter corresponds. As is stated in Article 15(2) ECHR, no derogation is possible from Article 3 ECHR. | 0 |
10,655 | 25 In Emmott the Court did indeed hold that so long as a directive has not been properly transposed into national law individuals are unable to ascertain the full extent of their rights (paragraph 21) and that consequently, until the directive has been properly transposed, a defaulting Member State may not rely on an individual' s delay in initiating proceedings against it in order to protect rights conferred upon him by the provisions of the directive and that a period laid down by national law within which proceedings must be initiated cannot begin to run before that time (paragraph 23). | 84. It should be remembered, first of all, that in the context of a tax rule, such as that at issue in the main proceedings, which seeks to prevent the economic double taxation of distributed profits, the situation of a corporate shareholder receiving foreign-sourced dividends is comparable to that of a corporate shareholder receiving nationally-sourced dividends in so far as, in each case, the profits made are, in principle, liable to be subject to a series of charges to tax (see Test Claimants in the FII Group Litigation , paragraph 62). | 0 |
10,656 | 131. With regard to pensions, it must be noted that, according to the settled case-law of the Court in relation to Article 119 of the Treaty, or, with effect from 1 May 1999, in relation to Article 141 EC, which concern the principle of equal treatment of men and women in relation to pay, the term ‘pay’ within the meaning of the second subparagraph of Article 141(2) EC covers pensions which depend on the employment relationship between worker and employer, excluding those deriving from a statutory scheme, to the financing of which workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship than by considerations of social policy (see, in particular, Case 80/70 Defrenne [1971] ECR 445, paragraphs 7 and 8; Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, paragraphs 16 to 22; Case C‑262/88 Barber [1990] ECR I‑1889, paragraphs 22 to 28; and Joined Cases C‑4/02 and C‑5/02 Schönheit and Becker [2003] ECR I‑12575, paragraphs 56 to 64). | 34 Consequently, the substances in question belong to List I but they stand in need of more specific legislative provision, such as specific directives adopted by the Council, with a view to fixing their emission limit values and eliminating the pollution which they cause. | 0 |
10,657 | 57. Il s’ensuit que le fait que la Commission a détaillé un grief qu’elle avait déjà fait valoir de manière plus générale dans le cadre de la procédure précontentieuse n’a pas modifié l’objet du manquement allégué et n’a donc eu aucune incidence sur la portée du litige (voir arrêts du 27 novembre 2003, Commission/Finlande, C‑185/00, Rec. p. I‑14189, points 84 à 87; du 8 juillet 2010, Commission/Portugal, C‑171/08, Rec. p. I‑6817, point 29, et du 11 novembre 2010, Commission/Portugal, précité, point 23). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
10,658 | 37. According to well-established case-law, discrimination is defined as treating differently situations which are identical, or as treating in the same way situations which are different (see Case C‑279/93 Schumacker [1995] ECR I‑225, paragraph 30; Case C‑80/94 Wielockx [1995] ECR I‑2493, paragraph 17; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 46). | 73. The answer to part (b)(i) of Question 1 must therefore be that the first paragraph of Article 454(3) and Article 455 of the implementing regulation must be interpreted as meaning that the guaranteeing association has available, to furnish proof of the place where the offence or irregularity was actually committed, a period of two years running from the date of the claim for payment made to it.
Question 2(a) on the existence of an obligation on the Member State to investigate | 0 |
10,659 | 49 As regards, first of all, the principle of proportionality, it is settled law that, in order to establish whether a provision of Community law complies with that principle, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it (see, inter alia, Case 426/93 Germany v Council [1995] ECR I-3723, paragraph 42). | 80. It follows from the foregoing arguments that, except for chomate salts, the Austrian practice cannot be validated on the basis of Directive 65/65. It is therefore appropriate to determine, secondly, whether the requirement of a marketing authorisation as a medicinal product, for which the Austrian practice provides, constitutes a measure having an effect equivalent to a quantitative restriction on imports, prohibited by Article 28 EC, and, if so, whether such a requirement may nevertheless be justified on grounds of public health referred to in Article 30 EC. | 0 |
10,660 | 41
Second, as regards the context of that provision, Article 13(2) of Directive 2004/38 constitutes a derogation from the principle that Directive 2004/38 confers rights of entry into and residence in a Member State not on all third-country nationals, but solely on those who are a ‘family member’, within the meaning of point 2 of Article 2 of that directive, of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than the Member State of which he is a national, that principle being established by the Court’s settled case-law (see, inter alia, judgment of 16 July 2015, Singh and Others, C‑218/14, EU:C:2015:476, paragraph 51). | 20 It should be noted that the only common feature of the disparate activities mentioned in that provision is that they all come under the heading of liberal professions. Yet, as the German Government rightly observed, if the Community legislature had intended all activities carried on in an independent manner to be covered by that provision, it would have defined them in general terms. | 0 |
10,661 | 35. Also, as the Court has held on numerous occasions, it is clear from Article 4(5), first subparagraph, of the Sixth Directive, when examined in the light of the aims of that directive, that two conditions must be fulfilled in order for there to be no liability for VAT: the activities must be carried out by a body governed by public law and they must be carried out by that body acting as a public authority (Case 235/85 Commission v Netherlands [1987] 1471, paragraph 21; Comune di Carpaneto Piacentino and Others , paragraph 12; Case C‑202/90 Ayuntamiento de Sevilla [1991] ECR I‑4247, paragraph 18. See also Commission v France , paragraph 39; Case C‑358/97 Commission v Ireland , paragraph 37; Commission v United Kingdom , paragraph 49; Case C‑408/97 Commission v Netherlands , paragraph 34; Commission v Greece , paragraph 34; Case C-83/99 Commission v Spain , paragraph 11, and Case C‑408/06 Götz [2007] ECR I‑00000, paragraph 41). | 10 Nachi Europe, which is a subsidiary of Nachi Fujikoshi, imported, in November and December 1995, ball bearings of Japanese origin manufactured by its parent company, and cleared them for release into free circulation at the customs post in Mönchengladbach, which comes under the responsibility of the Hauptzollamt. | 0 |
10,662 | 30
Given that a public authority has the possibility of performing the tasks conferred on it in the public interest by using its own administrative, technical and other resources, without being obliged to call on outside entities not forming part of its own departments (see, to that effect, judgment of 11 January 2005, Stadt Halle and RPL Lochau, C‑26/03, EU:C:2005:5, paragraph 48), the Court justified the recognition of the exception for so-called ‘in-house’ awards, by the existence, in such a case, of a specific internal link between the contracting authority and the contractor, even if the latter is an entirely separate legal entity (see, to that effect, judgment of 8 May 2014, Datenlotsen Informationssysteme, C‑15/13, EU:C:2014:303, paragraph 29). In such cases, it may be considered that the contracting authority, in actual fact, uses its own resources (see, to that effect, judgment of 8 May 2014, Datenlotsen Informationssysteme, C‑15/13, EU:C:2014:303, paragraph 25) and that the contractor is almost part of its internal departments. | 41. The framework agreement, in particular clause 4 thereof, aims to apply the principle of non-discrimination to fixed-term workers in order to prevent an employer using such an employment relationship to deny those workers rights which are recognised for permanent workers (judgments in Del Cerro Alonso , C‑307/05, EU:C:2007:509, paragraph 37; Gavieiro Gavieiro and Iglesias Torres , C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 48; and Nierodzik , C‑38/13, EU:C:2014:152, paragraph 23; and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraph 30, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 35). | 0 |
10,663 | 40. Article 20 TFEU confers the status of citizen of the Union on every person holding the nationality of a Member State (see, inter alia, Case C-224/98 D’Hoop [2002] ECR I-6191, paragraph 27, and Case C‑148/02 Garcia Avello [2003] ECR I‑11613, paragraph 21). Since Mr Ruiz Zambrano’s second and third children possess Belgian nationality, the conditions for the acquisition of which it is for the Member State in question to lay down (see, to that effect, inter alia, Case C‑135/08 Rottmann [2010] ECR I-0000, paragraph 39), they undeniably enjoy that status (see, to that effect, Garcia Avello , paragraph 21, and Zhu and Chen , paragraph 20). | 42 Mr Pavlov and the other applicants in the main proceedings are five medical specialists practising in a hospital in Nijmegen. It is common ground that they were obliged to be members of the Fund until the end of 1995. | 0 |
10,664 | 26. Indeed, the Court has already held that it is apparent from the aim of the First, Second and Third Directives, and from their wording, that they do not seek to harmonise the rules of the Member States governing civil liability and that, as European Union law now stands, the Member States are free to determine the rules of civil liability applicable to road accidents ( Carvalho Ferreira Santos , paragraph 32 and case-law cited). That analysis is confirmed, with regard to damages suffered by non-motorised users of the road, by the provisions of Article 1(a) of the Third Directive, reproduced in Article 12(3) of Directive 2009/103. | 49. Finally, although the national legislation allows pharmacists to operate up to three branches of a single pharmacy, such a possibility is subject to a number of conditions which are intended to safeguard public health requirements. First of all, the pharmacist concerned is himself responsible for the branches’ operation and he therefore determines their general commercial policy. Those branches are thus also presumed to be operated from a professional viewpoint, the private interest connected with the making of a profit being tempered to the same extent as in the case of the operation of pharmacies which are not branches. Next, those branches must be located within a specified geographical radius in order to ensure a sufficient presence in the branches of the pharmacist operating them and actual supervision by him. Last, the pharmacist operating the branches must designate, for each branch, a responsible pharmacist, who must ensure that legal obligations are complied with and that the management of the branch concerned conforms to the general commercial policy determined by the pharmacist operating the branches. | 0 |
10,665 | 50. The Court has already held that needs in the general interest, not having an industrial or commercial character, within the meaning of Article 1(b) of the Community directives coordinating the award of public contracts are generally needs which are satisfied otherwise than by the availability of goods and services in the marketplace and which, for reasons associated with the general interest, the State chooses to provide itself or over which it wishes to retain a decisive influence (see BFI Holding , paragraphs 50 and 51, and Agorà and Excelsior , paragraph 37). | 34. It must be borne in mind that the meaning and scope of terms for which European Union law provides no definition must be determined by considering, inter alia, the context in which they occur and the purposes of the rules of which they form part (see, inter alia, Case C‑336/03 easyCar [2005] ECR I‑1947, paragraph 21; Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, paragraph 17; Case C‑151/09 UGT-FSP [2010] ECR I‑0000, paragraph 39; and Brüstle , paragraph 31). | 0 |
10,666 | 26. In that regard, it suffices to state that Regulation No 261/2004, as is clear from recitals 1 and 2 in the preamble thereto, aims to ensure a high level of protection for passengers (see judgments in IATA and ELFAA , C‑344/04, EU:C:2006:10, paragraph 69, and Emirates Airlines , C‑173/07, EU:C:2008:400, paragraph 35). | 54. On this point, it must be observed that under the generally accepted principles of international law concerning immunity from jurisdiction a State cannot be sued before the court of another State in a dispute such as that in the main proceedings. Such immunity of States from jurisdiction is enshrined in international law and is based on the principle par in parem non habet imperium , as a State cannot be subjected to the jurisdiction of another State. | 0 |
10,667 | 65. As the Court held in paragraphs 49 and 61 of Parviainen , concerning a pregnant worker temporarily transferred to another job during and because of her pregnancy under Article 5(2) of Directive 92/85, the Member States and, where appropriate, management and labour are not required under Article 11(1) of that directive to maintain, during the temporary transfer, the pay components or supplements which are dependent on the performance by the worker concerned of specific functions in particular circumstances and which are intended essentially to compensate for the disadvantages related to that performance. The same applies to a pregnant worker granted leave from work under Article 5(3) of that directive and the relevant provisions of national law. | 48. It is none the less for the Court of Justice to verify whether the Court of First Instance has correctly assessed the Commission’s exercise of that discretion. | 0 |
10,668 | 42 It must be stated at the outset that, although the Spanish Government alleges that the contested regulation adversely affects the legitimate expectations of the Member States as well, in all essential respects its arguments refer to breach of the legitimate expectations of the traders concerned. Nevertheless, despite the doubts expressed by the Council, there is nothing to prevent a Member State from claiming in an action for annulment that an act of the institutions frustrates the legitimate expectations of particular individuals (see, in this respect, Case 278/84 Germany v Commission [1987] ECR 1, paragraphs 34 to 36; Case 203/86 Spain v Council [1988] ECR 4563, paragraphs 17 to 20, and Case C-169/95 Spain v Council [1997] ECR I-135, paragraphs 49 to 54). | 58. Furthermore, Article 5 of Directive 94/62 allows the Member States to encourage systems for the reuse of packaging only ‘in conformity with the Treaty’. | 0 |
10,669 | 50. With respect, in the first place, to the information to be given to the consumer, it is clear that that obligation to make the consumer aware of the reason for and method of the variation of those charges and his right to terminate the contract is not satisfied by the mere reference, in the general terms and conditions, to a legislative or regulatory act determining the rights and obligations of the parties. It is essential that the consumer is informed by the seller or supplier of the content of the provisions concerned (see, to that effect, Invitel , paragraph 29). | 18 AS TO WHETHER THAT ARGUMENT IS WELL-FOUNDED IT SHOULD BE STATED FIRST AND FOREMOST THAT , AS FAR AS THE PRESENT CASE IS CONCERNED , THE COURT MUST REVIEW THE LEGALITY OF THE DECISION TAKEN BY THE COMMISSION TO DISCONTINUE THE PROCEDURE IN THE CICCE ' S CASE . THAT REVIEW MUST BE EFFECTED INTER ALIA IN THE LIGHT OF THE ELEMENTS OF LAW AND FACT THAT WERE BROUGHT TO THE COMMISSION ' S NOTICE BY THE CICCE , AND WHICH , ACCORDING TO THE JUDGMENT OF 11 OCTOBER 1983 IN CASE 210/81 ( DEMO-STUDIO SCHMIDT V COMMISSION ( 1983 ) ECR 3045 ), THE COMMISSION WAS UNDER A DUTY TO EXAMINE IN ORDER TO DECIDE WHETHER THE COMPETITION RULES OF THE TREATY WERE INFRINGED IN THIS CASE .
| 0 |
10,670 | 14 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-247/98 Greece v Commission [2001] ECR I-1, paragraph 7, and Case C-278/98 Netherlands v Commission [2001] ECR I-1501, paragraph 38). | 25 THE ITALIAN GOVERNMENT ' S CONTENTION THAT THE CRITERION FOR THE AWARD OF THE CONTRACT TO THE PERSON WHO SUBMITS ' THE TENDER WHICH EQUALS THE AVERAGE TENDER OR IS THE CLOSEST TO IT ' SERVES TO DETERMINE ' THE MOST ECONOMICALLY ADVANTAGEOUS TENDER ' WITHIN THE MEANING OF ARTICLE 29 OF THE DIRECTIVE IS INCORRECT . IN ORDER TO DETERMINE THE MOST ECONOMICALLY ADVANTAGEOUS TENDER , THE AUTHORITY MAKING THE DECISION MUST BE ABLE TO EXERCISE ITS DISCRETION IN TAKING A DECISION ON THE BASIS OF QUALITATIVE AND QUANTITATIVE CRITERIA THAT VARY ACCORDING TO THE CONTRACT IN QUESTION AND CANNOT THEREFORE RELY SOLELY ON THE QUANTITATIVE CRITERION OF THE AVERAGE PRICE .
| 0 |
10,671 | 72. According to settled case-law, the provisions of a directive which derogate from a general principle established by that directive must be strictly interpreted (see, as regards exceptions to the general principle that value added tax is to be levied on all services supplied for consideration by a taxable person, Case C-141/00 Kügler [2002] ECR I‑6833, paragraph 28, and, as regards exceptions to the general principle of recognition of professional qualifications giving the right to take up a regulated profession, Case C-102/02 Beuttenmüller [2004] ECR I-0000, paragraph 64). The same must apply a fortiori where that general principle aims to facilitate the exercise of fundamental freedoms guaranteed by the Treaty, such as those referred to in paragraph 71 of this judgment. | 77. Or, selon une jurisprudence établie, un État membre ne saurait invoquer l’illégalité d’une décision comme moyen de défense à l’encontre d’un recours en manquement fondé sur l’inexécution de cette décision, exception faite de l’hypothèse où celle-ci doit être considérée comme inexistante (arrêt Commission/Italie, C-353/12, EU:C:2013:651, point 43 et jurisprudence citée). C’est dans le cadre d’une procédure distincte, à savoir celle d’un recours en annulation visé à l’article 263 TFUE, que toute contestation de la légalité d’un tel acte du droit de l’Union doit s’effectuer (arrêt Commission/Grèce, C-419/06, EU:C:2008:89, point 52). | 0 |
10,672 | 31. Afin que ledit ensemble contractuel puisse être qualifié de concession de services, encore faut-il, en troisième lieu, et conformément à une jurisprudence constante, que le concessionnaire du service prenne en charge le risque lié à l’exploitation des services en question (voir, en ce sens, arrêt Eurawasser, C-206/08, EU:C:2009:540, point 59). | 69. As the Advocate General observed at point 63 of his Opinion, the expression ‘essential characteristics’ must be understood as referring to the most important elements of the sign. | 0 |
10,673 | 84 This difference in treatment between a Member State's own nationals and those of other Member States derives from a principle of international law which precludes a Member State from refusing its own nationals the right to enter its territory and remain there for any reason, and which the Treaty cannot be assumed to disregard in the context of relations between Member States (Van Duyn, cited above, paragraph 22, and Pereira Roque, cited above, paragraph 38). | 51. For that purpose, that provision aims to create a rational delimitation of the respective areas covered by national rules on VAT by determining in a uniform manner the point of reference for tax purposes of supplies of services. | 0 |
10,674 | 39. Moreover, it is settled case-law that the right to deduct can be exercised only in respect of taxes actually due, that is to say, the taxes corresponding to a transaction subject to VAT or paid in so far as they were due (Case C-342/87 Genius Holding [1989] ECR 4227, paragraph 13, and Case C-454/98 Schmeink & Cofreth and Strobel [2000] ECR I‑6973, paragraph 53). | 63. Il convient de rappeler que le principe d’égalité de traitement ou de non‑discrimination exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale, à moins qu’un tel traitement ne soit objectivement justifié (arrêts du 10 janvier 2006, IATA et ELFAA, C‑344/04, Rec. p. I‑403, point 95, et du 12 septembre 2006, Eman et Sevinger, C‑300/04, Rec. p. I‑8055, point 57). | 0 |
10,675 | 40. It must be borne in mind that the system of remedies set up by the Treaty distinguishes between the remedies provided for in Articles 226 EC and 227 EC, which permit a declaration that a Member State has failed to fulfil its obligations, and those contained in Articles 230 EC and 232 EC, which permit judicial review of the lawfulness of measures adopted by the Community institutions, or the failure to adopt such measures. Those remedies have different objectives and are subject to different rules. In the absence of a provision of the Treaty expressly permitting it to do so, a Member State cannot, therefore, properly plead the unlawfulness of a decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision (see, in particular, Case 226/87 Commission v Greece [1988] ECR 3611, paragraph 14; Case C-74/91 Commission v Germany [1992] ECR I-5437, paragraph 10; and Case C-404/97 Commission v Portugal [2000] ECR I-4897, paragraph 34). | 29
An EU interest in the uniform interpretation of the concepts of ‘works of construction’ and ‘single transaction that may be characterised as works of construction’, in order to forestall future differences in interpretation, is indeed conceivable. | 0 |
10,676 | 59. It is true, as the appellants submit, that, in the application of Article 87(3) EC, the Commission enjoys wide discretion, the exercise of which involves complex economic and social assessments which must be made in a Community context (see for example, to that effect, Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 18). In that context, judicial review of the manner in which that discretion is exercised is confined to establishing that the rules of procedure and the rules relating to the duty to give reasons have been complied with, and to verifying the accuracy of the facts relied on and that there has been no error of law, manifest error in the assessment of the facts or misuse of powers (Case C‑351/98 Spain v Commission [2002] ECR I‑8031, paragraph 74; Case C‑409/00 Spain v Commission [2003] ECR I‑1487, paragraph 93; and Case C‑91/01 Italy v Commission [2004] ECR I‑4355, paragraph 43). | À supposer qu’une telle justification, constituant une raison impérieuse d’intérêt général, existe, encore faut-il que la
même taxe respecte le principe de proportionnalité (voir ordonnance van de Coevering, C‑242/05, EU:C:2006:430, point 27, ainsi
que arrêt van Putten e.a., C‑578/10 à C‑580/10, EU:C:2012:246, point 53). | 0 |
10,677 | 110. However, as follows from paragraphs 105 to 107 of this judgment, taking into consideration that further reduction was part of a legal assessment which the General Court was entitled to make in the exercise of its unlimited jurisdiction, without notifying the parties, prior to the delivery of the judgment (see, by analogy, Case C‑286/11 P Commission v Tomkins [2013] ECR I‑0000, paragraph 61). | 28. In that regard, it must be pointed out that, although Article 4 of the Sixth Directive gives a very wide scope to VAT, only activities of an economic nature are covered by that provision (see, to that effect, Case C-306/94 Régie dauphinoise [1996] ECR I-3695, paragraph 15; Case C‑77/01 EDM [2004] ECR I-4295, paragraph 47; and Case C-465/03 Kretztechnik [2005] ECR I-4357, paragraph 18). | 0 |
10,678 | 36 Observance of the principle of equivalence implies, for its part, that the procedural rule at issue applies without distinction to actions alleging infringements of Community law and to those alleging infringements of national law, with respect to the same kind of charges or dues (see, to that effect, Joined Cases 66/79, 127/79 and 128/79 Amministrazione delle Finanze dello Stato v Salumi [1980] ECR 1237, paragraph 21). That principle cannot, however, be interpreted as obliging a Member State to extend its most favourable rules governing recovery under national law to all actions for repayment of charges or dues levied in breach of Community law. | 33. The question whether Unibet’s action is admissible before the Swedish courts, which is the subject of the first question referred by the Högsta domstolen, is irrelevant for the purposes of determining whether the reference for a preliminary ruling is admissible. | 0 |
10,679 | 87. First, as regards Article 13 of Decision No 1/80, it is of course clear from the files sent to the Court of Justice by the referring court that the Turkish nationals at issue in the main proceedings are in a "lawful" position within the meaning of the settled case-law of the Court in so far as they have complied with the conditions laid down by law and regulation in the host Member State governing entry into its territory and employment and are thus entitled to pursue an occupation in that State (see, as regards Article 6(1) of that Decision, Birden , paragraph 51, Nazli , paragraph 31, and Kurz , paragraph 39). | 12 Il y a lieu de rappeler que, dans le cadre du système de compétences de la Communauté, le choix de la base juridique d'un acte doit, selon une jurisprudence constante, se fonder sur des éléments objectifs susceptibles de contrôle juridictionnel. Parmi de tels éléments figurent, notamment, le but et le contenu de l'acte (voir, par exemple, arrêts du 17 mars 1993, Commission/Conseil, C-155/91, Rec. p. I-939, point 7, et du 23 février 1999, Parlement/Conseil, C-42/97, non encore publié au Recueil, point 36). | 0 |
10,680 | 35. Moreover, such a restriction must satisfy the conditions which flow from the Court’s case-law in regard to proportionality and may be regarded as appropriate for ensuring attainment of the objective relied upon only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, to that effect, Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I‑7633, paragraphs 59 to 61). | 29. Il résulte, par ailleurs, d’une jurisprudence constante de la Cour qu’une règle nouvelle s’applique, sauf dérogation, immédiatement aux effets futurs d’une situation née sous l’empire de la règle ancienne (voir, notamment, arrêts du 14 avril 1970, Brock, 68/69, Rec. p. 171, point 7; du 10 juillet 1986, Licata/CES, 270/84, Rec. p. 2305, point 31, ainsi que du 10 juin 2010, Bruno e.a., C‑395/08 et C‑396/08, non encore publié au Recueil, point 53). En application de ce principe, la Cour a ainsi jugé que, en l’absence de disposition spécifique quant à l’application d’une disposition du traité CE dans l’acte relatif aux conditions d’adhésion d’un État membre, cette disposition devait être considérée comme étant d’application immédiate et liant cet État membre dès la date de son adhésion, de sorte qu’elle s’applique aux effets futurs des situations nées avant l’adhésion de ce nouvel État membre à l’Union (voir, en ce sens, arrêts du 2 octobre 1997, Saldanha et MTS, C‑122/96, Rec. p. I‑5325, point 14, et du 29 janvier 2002, Pokrzeptowicz-Meyer, C‑162/00, Rec. p. I‑1049, point 50). | 0 |
10,681 | 39
Thus, the Court has already held that, every time the surname used in a specific situation does not correspond to that on the document submitted as proof of a person’s identity, or the surname in two documents submitted together is not the same, such a difference in surnames is liable to give rise to doubts as to the person’s identity and the authenticity of the documents submitted, or the veracity of their content (judgment of 14 October 2008 in Grunkin and Paul, C‑353/06, EU:C:2008:559, paragraph 28). | 74. When adopting measures to implement EU legislation, Member States must exercise their discretion in compliance with the general principles of EU law (Case C‑313/99 Mulligan [2002] ECR I‑5719, paragraph 35, Case C‑495/00 Azienda Agricola Giorgio, Giovanni and Luciano Visentin [2004] ECR I‑2993, paragraph 40), which include the principles of legal certainty, the protection of legitimate expectations, proportionality and non-discrimination. Similarly, such implementing measures must comply with fundamental rights, such as the right to property ( Mulligan , paragraph 36). | 0 |
10,682 | 21. According to the Court’s case-law, it is for the referring court alone to determine the subject-matter of the questions it intends to refer. It is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (see Joined Cases C‑376/05 and C‑377/05 Brünsteiner and Autohaus Hilgert [2006] ECR I‑11383, paragraph 26). | 52 It is clear from that provision that the competent authority, which is required to take into consideration the seriousness of the infringement concerned, is thus obliged to comply with the principle of proportionality. | 0 |
10,683 | 30. Since the referring court referred in its first question to the right to be heard in relation to Article 41 of the Charter, it must be recalled that, in accordance with the Court’s settled case-law, observance of the rights of the defence is a fundamental principle of EU law, in which the right to be heard in all proceedings is inherent (the judgments in Kamino International Logistics , C‑129/13, EU:C:2014:2041, paragraph 28, and Mukarubega , EU:C:2014:2336, paragraph 42). | 42. Selon une jurisprudence constante, il découle tant des exigences de l’application uniforme du droit de l’Union que du principe d’égalité que les termes d’une disposition du droit de l’Union qui ne comporte aucun renvoi exprès au droit des États membres pour déterminer son sens et sa portée doivent normalement trouver, dans toute l’Union, une interprétation autonome et uniforme qui doit être recherchée en tenant compte du contexte de cette disposition et de l’objectif poursuivi par la réglementation en cause (voir, notamment, arrêt Flachglas Torgau, précité, point 37). | 0 |
10,684 | 83
The Court has thus held that the concept of ‘public policy’ presupposes, in any event, the existence, in addition to the disturbance of the social order which any infringement of the law involves, of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. As regards ‘public security’, it is apparent from the Court’s case-law that this concept covers both the internal security of a Member State and its external security and that, consequently, a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security (see, to this effect, judgments of 23 November 2010, Tsakouridis, C‑145/09, EU:C:2010:708, paragraphs 43 and 44, and of 15 February 2016, N., C‑601/15 PPU, EU:C:2016:84, paragraphs 65 and 66). | 6 Each of the pharmaceutical products concerned by the main proceedings has been marketed under a trade mark by one of the claimants within the Community, where it was purchased by one of the defendants and imported into the United Kingdom. For the latter purpose, the defendants have to some extent altered the packaging of the products and the instruction leaflets going with them. | 0 |
10,685 | 15. It is settled case‑law of the Court of Justice that, as a result of the direct effect which the last sentence of Article 93(3) of the Treaty has been held to have, the immediate enforceability of the prohibition on implementation referred to in that article extends to all aid which has been implemented without being notified (Case C-354/90 Fédération nationale du commerce extérieur des produits alimentaires et Syndicat national des négociants et transformateurs de saumon [1991] ECR I‑5505, paragraph 11 (‘ FNCE ’)). | 21. The intended use of a product may constitute an objective classification criterion if it is inherent in the product; the inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Ikegami , paragraph 23, and the case‑law cited). | 0 |
10,686 | 35. In that regard, it should be recalled that national legislation such as that at issue in the main proceedings — which, according to its wording, applies indiscriminately to Spanish nationals and to nationals of other Member States — is, generally, capable of falling within the scope of the provisions relating to the fundamental freedoms established by the TFEU only to the extent to which it applies to situations connected with trade between the Member States (see, to that effect, judgment in Sokoll-Seebacher , C‑367/12, EU:C:2014:68, paragraph 10 and the case-law cited). | 46. In such circumstances, moreover, the aid granted in the second instance is so indissolubly linked to that previously found by the Commission to be incompatible with the common market that it appears largely artificial to claim to make a distinction between those aids for the purposes of applying Article 88(2) EC. | 0 |
10,687 | 101. As regards the argument relied on in support of the fifth ground of appeal, it should be observed that the General Court pointed out, at paragraph 301 of the judgment under appeal, that, on the basis of the Commission’s estimates, the aid at issue amounted to between EUR 798 million and EUR 1 140 million. Since those figures delimit the range within which the final amount was to be established, the General Court found, referring in particular to paragraphs 31 to 40 of Commission v France, that the contested decision contained the appropriate information to enable that amount to be determined without too much difficulty. | 27. It should be noted in that regard that a distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (Case C‑535/06 P Moser Baer India v Council [2009] ECR I‑7051, paragraph 33 and case‑law cited). | 0 |
10,688 | 61. En effet, un État membre ne saurait invoquer l’existence d’un avantage concédé de manière unilatérale par un autre État membre, en l’occurrence l’État membre dans lequel M. Imfeld travaille et perçoit l’intégralité de ses revenus, afin d’échapper aux obligations qui lui incombent en vertu du traité, notamment au titre des dispositions de celui-ci relatives à la liberté d’établissement (voir en ce sens, notamment, arrêts du 8 novembre 2007, Amurta, C‑379/05, Rec. p. I‑9569, point 78, ainsi que du 11 septembre 2008, Eckelkamp e.a., C‑11/07, Rec. p. I‑6845, point 69, et Arens-Sikken, C‑43/07, Rec. p. I‑6887, point 66). | 52. As regards, last, the second part of the first ground of appeal, it should be recalled that it follows from the second subparagraph of Article 256(1) TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union and Articles 168(1)(d) and 169(2) of the Court’s Rules of Procedure that an appeal must identify precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see the judgment of 11 April 2013 in Case C‑652/11 P Mindo v Commission [2013] ECR I‑0000, paragraph 21 and case-law cited). | 0 |
10,689 | 38. As regards the substance, as a preliminary point, it must be borne in mind that it is apparent from the very wording of clause 2(1) of the Framework Agreement that the scope of the Framework Agreement is conceived in broad terms, covering generally ‘fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practices in each Member State’. In addition, the definition of ‘fixed-term workers’ for the purposes of the Framework Agreement, set out in clause 3(1), encompasses all workers without drawing a distinction according to whether their employer is in the public or private sector (Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraph 56; and Della Rocca , paragraph 34). | 63. Il convient de rappeler que le principe d’égalité de traitement ou de non‑discrimination exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale, à moins qu’un tel traitement ne soit objectivement justifié (arrêts du 10 janvier 2006, IATA et ELFAA, C‑344/04, Rec. p. I‑403, point 95, et du 12 septembre 2006, Eman et Sevinger, C‑300/04, Rec. p. I‑8055, point 57). | 0 |
10,690 | 33. First, before the initial period of three years expires, that provision seeks to enable family members to be with a migrant worker, with a view to thus furthering, by means of family reunification, the employment and residence of the Turkish worker who is already legally integrated into the host Member State (see, inter alia, Case C-351/95 Kadiman [1997] ECR I-2133, paragraphs 35 and 36; Case C‑65/98 Eyüp [2000] ECR I‑4747, paragraph 26; and Case C-467/02 Cetinkaya [2004] ECR I‑10895, paragraph 25). | 29 With regard to the question of urgency, it should be pointed out that damage invoked by the applicant must be liable to materialize before the Court of Justice has been able to rule on the validity of the contested Community measure. With regard to the nature of the damage, purely financial damage cannot, as the Court has held on numerous occasions, be regarded in principle as irreparable. However, it is for the national court hearing the application for interim relief to examine the circumstances particular to the case before it. It must in this connection consider whether immediate enforcement of the measure which is the subject of the application for interim relief would be likely to result in irreversible damage to the applicant which could not be made good if the Community act were to be declared invalid. | 0 |
10,691 | 25. However, that option must be assessed in the light of the social objective of Directive 2008/94 which is to guarantee all employees a minimum level of protection in the European Union in the event of the employer’s insolvency through payment of outstanding claims resulting from contracts of employment or employment relationships and relating to pay for a specific period (see, to that effect, Case C‑201/01 Walcher [2003] ECR I‑8827, paragraph 38 and the case-law cited). | Toutefois, il convient de rappeler que l’appréciation, notamment, des éléments de preuve opérée par le Tribunal ne constitue pas, sous réserve du cas de leur dénaturation, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, en ce sens, arrêt du 18 décembre 2008, Les Éditions Albert René/OHMI, C‑16/06 P, EU:C:2008:739, point 68). | 0 |
10,692 | 28. On that point, it should be noted that, according to settled case-law, the procedure laid down in Article 267 TFEU is based on a clear separation of functions between national courts and tribunals and the Court of Justice, and the latter is empowered only to rule on the interpretation or the validity of the acts of EU law referred to in that provision. In that context, it is not for the Court to rule on the interpretation of provisions of national law or to decide whether the referring court’s interpretation of them is correct (see, inter alia, Case C‑220/05 Auroux and Others [2007] ECR I‑385, paragraph 25; Case C‑515/08 dos Santos Palhota and Others [2010] ECR I‑9133, paragraph 18; and Case C‑81/09 Idryma Typou [2010] ECR I‑10161, paragraph 35). | 45. Secondly, neither Directive 2005/36 nor any other measure implementing the fundamental freedoms lays down rules, concerning access to activities in the pharmacy field, which seek to set the conditions for opening new pharmacies in Member States. | 0 |
10,693 | 46. The Court has accordingly held that where a Union citizen has resided with a family member who is a third‑country national in a Member State other than the Member State of which he is a national for a period exceeding two and a half years and one and half years respectively, and was employed there, that third‑country national must, when the Union citizen returns to the Member State of which he is a national, be entitled, under Union law, to a derived right of residence in the latter State (see Singh , paragraph 25, and Eind , paragraph 45). If that third‑country national did not have such a right, a worker who is a Union citizen could be discouraged from leaving the Member State of which he is a national in order to pursue gainful employment in another Member State simply because of the prospect for that worker of not being able to continue, on returning to his Member State of origin, a way of family life which may have come into being in the host Member State as a result of marriage or family reunification (see Eind , paragraphs 35 and 36, and Iida , paragraph 70). | 40. Since the Directive had already entered into force at the time of the facts in the main proceedings, the interpretation sought by the Rechtbank van koophandel te Antwerpen, which relates to crucial provisions of the Directive, must be regarded as being useful to that court for the purpose of enabling it to rule in the case before it in compliance with that obligation to refrain. | 0 |
10,694 | 29. That requirement precludes any consideration of the level of knowledge which a holder of a diploma obtained in another Member State can be assumed to possess on the evidence of that diploma, having regard to the nature and duration of the studies which it attests (see, to that effect, Angonese , EU:C:2000:296, paragraph 44). | 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 |
10,695 | 75 In that regard, it must be observed that access to the file in competition cases is intended in particular to enable the addressees of statements of objections to acquaint themselves with the evidence in the Commission's file so that on the basis of that evidence they can express their views effectively on the conclusions reached by the Commission in its statement of objections (Michelin v Commission, cited above, paragraph 7; Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 9 and 11; Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 21; and Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 89). | 71. It is for the national court to consider whether the manner in which the conditions for submitting invitations to tender for licences to organise bets on sporting events are laid down enables them in practice to be met more easily by Italian operators than by foreign operators. If so, those conditions do not satisfy the requirement of non-discrimination. | 0 |
10,696 | 46. If that court reaches the conclusion that Directive 2004/35 is not applicable in the cases pending before it, such a situation will be governed by national law, with due observance of the rules of the Treaty and without prejudice to other secondary legislation (see judgments in ERG and Others , EU:C:2010:126, paragraph 44; ERG and Others , EU:C:2010:127, paragraph 37; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 34). | 108. By acting in that way, the Commission treated Spanish seiners differently from other seiners without such differentiation being objectively justified. It follows that that infringement of the principle of non-discrimination affects the validity of the Regulation in so far as Spanish seiners were authorised to fish for bluefin tuna after 16 June 2008, and to retain on board, place in cages for fattening or farming, tranship, transfer and land such tuna after that date. | 0 |
10,697 | 49
Moreover, only the relevant distinguishing criteria established by the legislation in question must be taken into account in determining whether the difference in treatment resulting from that legislation reflects an objectively different situation (see judgment of 10 May 2012 in Santander Asset Management SGIIC and Others, C‑338/11 to C‑347/11, EU:C:2012:286, paragraph 28). | 36. Knowledge of those implications in the light of the conservation objectives relating to the site concerned is a necessary prerequisite for application of Article 6(4) since, in the absence thereof, no condition for application of that derogating provision can be assessed. The assessment of any imperative reasons of overriding public interest and that of the existence of less harmful alternatives require a weighing up against the damage caused to the site by the plan or project under consideration. In addition, in order to determine the nature of any compensatory measures, the damage to the site must be precisely identified (Case C‑404/09 Commission v Spain EU:C:2011:768, paragraph 109). | 0 |
10,698 | 46 As regards, secondly, the supply by the retailer who receives the reimbursement, it is important to note that the fact that a portion of the consideration received for that supply was not actually paid by the final consumer himself but was made available on behalf of the final consumer by a third party not connected with that transaction is immaterial for the purposes of determining that retailer's taxable amount (see, in that connection, Case C-18/92 Bally [1993] ECR I-2871, paragraph 17). | 17 It should be added that the method of payment used in the relations between the purchaser and the supplier cannot alter the taxable amount. The payment of the consideration for the delivery of goods may be made, according to Article 11A(1)(a), not only by the purchaser but also by a third party, in this case the organization issuing the card. | 1 |
10,699 | 32. In that regard, by virtue of the very nature of regulations and of their function in the system of sources of EU law, the provisions of regulations generally have immediate effect in the national legal systems without it being necessary for the national authorities to adopt measures of application (Case 93/71 Leonesio [1972] ECR 287, paragraph 5, and Case C‑278/02 Handlbauer [2004] ECR I‑6171, paragraph 25) or without it being necessary for the EU legislature to adopt supplementary legislation. | 34 The same is true where the discrimination suffered by part-time workers stems from discrimination concerning access to a special scheme which confers entitlement to additional benefits. | 0 |
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