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10,800 | 24 The Court has also held (see, in particular, Case 301/81 Commission v Belgium [1983] ECR 467, paragraph 8) that 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 had failed to fulfil one of its obligations under the Treaty. | 29. It follows that, if a public authority becomes a minority shareholder in a company limited by shares with wholly public capital for the purpose of awarding the management of a public service to that company, the control that the public authorities which are members of that company exercise over it may be categorised as similar to the control they exercise over their own departments when it is exercised by those authorities jointly ( Sea , paragraph 63). | 0 |
10,801 | 56. As Community law stands, it is still possible that differences will continue to exist between Member States in the classification of products as medicinal products or as foodstuffs. Thus, the fact that a product is classified as a foodstuff in another Member State cannot prevent it from being classified as a medicinal product in the Member State of importation, if it displays the characteristics of such a product (see Case C-387/99 Commission v Germany [2004] ECR I-3773, paragraphs 52 and 53, and Commission v Austria , paragraphs 59 and 60). | 3 THE ATHENS AGREEMENT WAS CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY AS APPEARS FROM THE TERMS OF THE DECISION DATED 25 SEPTEMBER 1961 . | 0 |
10,802 | 31. In particular, the possibility that a Member State may be relieved of some of its responsibilities does not mean that it is free to introduce a difference in treatment between, on the one hand, national bodies which are recognised as pursuing charitable purposes and, on the other, bodies established in another Member State which are recognised as pursuing charitable purposes, on the ground that legacies left to the latter cannot, even though the activities of those bodies reflect the same objectives as the legislation of the former Member State, have compensatory effects for budgetary purposes. It is settled law that the need to prevent the reduction of tax revenues is neither among the objectives stated in Article 65 TFEU nor an overriding reason in the public interest capable of justifying a restriction on a freedom instituted by the Treaty (see, to that effect, Persche , paragraph 46). | 57. However, having regard to the duty, set out in recital 7 in the preamble to that regulation, to cooperate to help ensure that VAT is correctly assessed, such a request may prove expedient, or even necessary. | 0 |
10,803 | 116 Accordingly, where aid which a Member State wishes to authorise under a code is not notified during the period laid down by it for such notification, the Commission can no longer give a decision on the compatibility of that aid under that code (see the judgments in Case 214/83 Germany v Commission, cited above, paragraphs 40 to 47, and Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraphs 49 to 55). The fact that the Commission or its services were able, where appropriate, to take a different position in certain cases is not such as to call in question that conclusion. | 45. The fact that, in the main proceedings, the benefit granted by F‑Tex in consideration for the assignment by the liquidator of his right to have a transaction set aside took the form of an obligation to pay the liquidator a percentage of the proceeds obtained from the claim assigned does not alter that analysis, since it is merely a method of payment. Such a contractual stipulation is within the power of the parties as it is not disputed that the liquidator and the assignee could freely choose to express the consideration paid by the assignee in the form of a fixed sum or a percentage of any sums recovered. | 0 |
10,804 | 30. It is clear from the case-law of the Court that those institutions are obliged, under Decisions 93/731 and 94/90 respectively, and in accordance with the principle of proportionality, to examine whether partial access should be granted to the information not covered by the exceptions, in the absence of which a decision refusing access to a document must be annulled as being vitiated by an error of law (in connection with Decision 93/731, see Council v Hautala , paragraphs 21 to 31). | 43. Such a restriction may, according to the Court’s settled case-law, be allowed only in the actual judgment ruling upon the interpretation sought ( Meilicke and Others , paragraph 36 and the case-law cited). | 0 |
10,805 | 32. In that connection, it is settled case-law that the system of protection introduced by the directive is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge (Case C‑415/11 Aziz EU:C:2013:164, paragraph 44). | 14 That being so, the point raised is whether it is permissible, for the purpose of achieving equality, to take away from the favoured class (in this case, women), both for the past and for the future, the advantage enjoyed by that class, the reference date being either the date of entry into force of such a measure (in this case, 1 July 1991) or the date of the Barber judgment (17 May 1990), which identified the discrimination to be eliminated. | 0 |
10,806 | 48. As the Court has held on numerous occasions, first, the first paragraph of Article 7 has direct effect in the Member States and, second, the employment-related rights that that provision confers on Turkish nationals necessarily mean that a concomitant right of residence in the host Member State must be acknowledged to exist (see, inter alia, Case C‑303/08 Bozkurt [2010] ECR I-0000, paragraphs 31, 35 and 36, and also Case C‑484/07 Pehlivan [2011] ECR I-0000, paragraphs 39 and 43). | 56. The European Court of Human Rights has stated that, in its analysis, it takes account of the age of the children concerned, their circumstances in the country of origin and the extent to which they are dependent on relatives ( Sen v. the Netherlands , § 37; see also Rodrigues da Silva and Hoogkamer v. the Netherlands , no. 50435/99, § 39, 31 January 2006). | 0 |
10,807 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 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 |
10,808 | 23. Under the system of the Brussels Convention, the general principle is that the courts of the Contracting State in which the defendant is domiciled are to have jurisdiction and it is only by way of derogation from that principle that the Brussels Convention provides for cases, which are exhaustively listed, in which the defendant may or must, depending on the case, be sued in the courts of another Contracting State. Consequently, the rules of jurisdiction which derogate from that general principle cannot give rise to an interpretation going beyond the cases envisaged by the Convention (see in particular Handte , paragraph 14, and Réunion européenne and Others , paragraph 16, both cited above). | 31
As regards the applicability of Directive 2014/24, it should be noted that the contract notice at issue in the main proceedings was published on 7 March 2015, that is, before the expiry date of the period for transposition of the relevant provisions of Directive 2014/24, fixed at 18 April 2016 under Article 90(1) thereof. | 0 |
10,809 | 67. In this connection, in the context of an order for reference concerning the interpretation of a provision of Community law, the Court may, exceptionally, in application of the general principle of legal certainty inherent in the Community legal order, decide to restrict for any person concerned the right to rely upon a provision, which it has interpreted, with a view to calling in question legal relations established in good faith (see, in particular, Case 43/75 ‘ Defrenne II ’ [1976] ECR 455, paragraphs 72 to 75, and Case C-292/04 Meilicke and Others [2007] ECR I-1835, paragraph 35. | 49 Resting as it does on an erroneous interpretation of the contested judgment, the first part of the third plea must therefore be dismissed.
The second part of the plea | 0 |
10,810 | 37 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 72
That interpretation of Decision 2011/278 is supported by specific monitoring rules for emissions from combustion processes contained in Annex IV, point (1A) of Regulation No 601/2012, which provide, in particular, that ‘[t]he operator shall not assign emissions associated with the production of heat or electricity that is imported from other installations to the importing installation’. | 0 |
10,811 | 82. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by that provision on the permitted exceptions to the principle of freedom of establishment, so as to ensure that the effectiveness of the Treaty in the field of freedom of establishment is not frustrated by unilateral provisions of the Member States (see, to that effect, Reyners , paragraph 50; Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35). | 19 In that connection, it is undisputed that the taxable value of imported used vehicles is equal to 100% of the price of the vehicle when new where it is less than six months old and 90% of that price where it is more than six months old . On the other hand, the sale of vehicles already registered in Denmark does not give rise to payment of a further registration duty . | 0 |
10,812 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 69. According to settled case-law (see, in particular, Brasserie du Pêcheur and Factortame , paragraph 51; Hedley Lomas , paragraph 25; Case C-424/97 Haim [2000] ECR I‑5123, paragraph 36; and Case C-63/01 Evans [2003] ECR I‑14447, paragraph 83), for a Member State to incur liability for damage caused to individuals by a breach of Community law it is necessary that:
– the rule of law infringed should be intended to confer rights on individuals;
– the breach should be sufficiently serious;
– there should be a direct causal link between the breach of the obligation incumbent on the State and the damage sustained by the injured parties. | 0 |
10,813 | 72. More specifically, in order to determine whether that exclusion constitutes correct transposition of the concept of "contracting authority" employed in Article 1(1) of Directive 89/665, the Court, considering that the ambit ratione personæ of that directive coincided with that of the Directive, referred to the scope of the concept of "body governed by public law" employed in the second paragraph of Article 1(b) of the Directive (Commission v Spain , paragraphs 48, 50 and 51). | 42 As far as that submission is concerned, it should be observed that manufacture, sale and importation involve use by the third party of the appearance of the product which the design right seeks to protect. Authorisation given to a third party to manufacture or market identical parts and, consequently, to use the appearance of the original design will thus normally give rise to the payment of fees to the proprietor of the right. | 0 |
10,814 | 69. As regards a system of prior administrative approval of the kind at issue in the present case, the Court has previously held that such a system must be proportionate to the aim pursued, inasmuch as the same objective could not be attained by less restrictive measures, in particular a system of declarations ex post facto (see, to that effect, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraphs 23 to 28; Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 35; Commission v Portugal , paragraph 50; and Commission v France , paragraph 46). Such a system must be based on objective, non-discriminatory criteria which are known in advance to the undertakings concerned, and all persons affected by a restrictive measure of that type must have a legal remedy available to them (Analir , paragraph 38; Commission v Portugal , paragraph 50; and Commission v France , paragraph 46). | 7 It appears from the order for reference that Mr Graff delivers the milk he produces on his German holding to the Milchversorgung Rheinland e.G. (hereinafter "Rheinland"), a Germany dairy cooperative. | 0 |
10,815 | 17 However, the Commission considers that according to the judgment in Emmott (paragraphs 21, 22 and 23), the time-limits for proceedings brought by individuals seeking to avail themselves of their rights are applicable only when a Member State has properly transposed the directive and that that principle applies in this case. | 24. According to the case‑law of the Court of Justice, activities which fall within the exercise of public powers are not of an economic nature justifying the application of the Treaty rules of competition (see, to that effect, Case C‑364/92 SAT Fluggesellschaft [1994] ECR I‑43, paragraphs 30 and 31) . | 0 |
10,816 | 48
It is settled case-law that the concept of a ‘restriction’ within the meaning of Article 49 TFEU covers, in particular, measures which, even though they are applicable without discrimination on grounds of nationality, are liable to impede the exercise of freedom of establishment or render it less attractive (see, in particular, judgments of 21 April 2005, Commission v Greece , C‑140/03, EU:C:2005:242, paragraph 27, and of 21 October 2010, Idryma Typou , C‑81/09, EU:C:2010:622, paragraph 54). | 70 It follows that the scope of the principles laid down in the Barber judgment cannot be regarded as being limited to contracted-out occupational schemes and that those principles also concern non-contracted-out occupational schemes like the German type of supplementary occupational scheme dealt with in the Moroni judgment cited above. | 0 |
10,817 | 92. Wh ilst it is not in dispute that Community law does not detract from the power of the Member States to organise their social security systems, and that, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine the conditions in which social security benefits are granted, when exercising that power Member States must comply with Community law, in particular the provisions on the freedom to provide services (see, inter alia, Smits and Peerbooms , paragraphs 44 to 46; Müller-Fauré and van Riet , paragraph 100; and Inizan , paragraph 17). Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of that freedom in the healthcare sector. | 46. In that context, the Court has already stated on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task ( Pannon GSM , paragraphs 31 and 32, and Banco Español de Crédito , paragraphs 42 and 43). | 0 |
10,818 | 25
According to the Court’s settled case-law, the tax levied on inheritances, which consist of the transfer to one or more persons of assets left by a deceased person, comes within the scope of the FEU Treaty provisions on movements of capital, save where the constituent elements of inheritances are confined to a single Member State (judgments of 23 February 2006 in van Hilten-van der Heijden, C‑513/03, EU:C:2006:131, paragraph 42; of 17 January 2008 in Jäger, C‑256/06, EU:C:2008:20, paragraph 25; of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraph 20; and of 3 September 2014 in Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraph 53 and the case-law cited). | 10 THE COURT HAS HELD , IN ITS JUDGMENTS OF 12 JULY 1957 ( JOINED CASES 7/56 AND 3 TO 7/57 ALGERA AND OTHERS ( 1957-58 ) ECR 39 , AT P . 56 ), 12 JULY 1962 ( CASE 14/61 HOOGOVENS ( 1962 ) ECR 253 , AT P . 272 ) AND 13 JULY 1965 ( CASE 111/63 LEMMERZ-WERKE ( 1965 ) ECR 677 , AT P . 690 ), THAT THE WITHDRAWAL OF AN UNLAWFUL MEASURE IS PERMISSIBLE , PROVIDED THAT THE WITHDRAWAL OCCURS WITHIN A REASONABLE TIME AND PROVIDED THAT THE COMMISSION HAS HAD SUFFICIENT REGARD TO HOW FAR THE APPLICANT MIGHT HAVE BEEN LED TO RELY ON THE LAWFULNESS OF THE MEASURE .
| 0 |
10,819 | 53. In this connection, the Court has already held that Member States may establish the criteria and/or thresholds necessary to determine which of the projects covered by Annex II to Directive 85/337, in its original version, are to be subject to an assessment. However, the discretion thus granted to the Member States is limited by the obligation, set out in Article 2(1) of that directive, to subject projects likely to have significant effects on the environment, particularly by virtue of their nature, size or location, to an assessment with regard to their effects (see, to that effect, Kraaijeveld and Others , paragraph 50, and judgment of 16 March 2006 in Case C‑332/04 Commission v Spain , not published in the ECR, paragraph 76). Accordingly, when establishing those thresholds and/or criteria, Member States must take account not only of the size of projects, but also of their nature and location (see, to that effect, Case C‑392/96 Commission v Ireland [1999] ECR I-5901, paragraph 65, and Commission v Spain , paragraph 76). | 52 A finding of an abuse requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the Community rules, the purpose of those rules has not been achieved. | 0 |
10,820 | 47 As regards the meaning of `legal employment' for the purposes of Article 6(1) of Decision No 1/80, it is settled case-law (Sevince, paragraph 30, Kus, paragraphs 12 and 22 and Bozkurt, paragraph 26, cited above) that legal employment presupposes a stable and secure situation as a member of the labour force of a Member State and, by virtue of this, implies the existence of an undisputed right of residence. | 74. As the Court has already held, Directive 2005/29 is characterised by a particularly wide scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers (judgment in Mediaprint Zeitungs- und Zeitschriftenverlag , C‑540/08, EU:C:2010:660, paragraph 21). | 0 |
10,821 | 58. On that point, a tax such as the HIPA differs from a levy such as that which gave rise to the judgment in Dansk Denkavit and Poulsen Trading , which was declared to be incompatible with the common system of VAT in paragraph 14 of that judgment, inasmuch as that levy was intended to be passed on to the final consumer, as is apparent from paragraph 3 of that judgment. That levy was in addition charged on the same basis of assessment as that used for VAT and was charged alongside VAT, as is apparent from paragraph 8 of that judgment. | 34. A national rule under which the establishment of an undertaking from another Member State is subject to the issue of a prior authorisation constitutes a restriction within the meaning of Article 43 EC, since it is capable of hindering the exercise by that undertaking of freedom of establishment by preventing it from freely carrying on its activities through a fixed place of business. | 0 |
10,822 | 34 For the same reasons, once the Court of First Instance has found the existence of damage, it alone has jurisdiction to assess, within the confines of the claim, the method and extent of compensation for the damage (see Commission v Brazzelli Lualdi and Others, paragraph 66, and Case C-259/96 P Council v De Nil and Impens [1998] ECR I-2915, paragraph 32). | 11 SUCH SPORADIC AND BRIEF ABSENCES FROM THE COUNTRY OF EMPLOYMENT , WHICH MOREOVER WERE NOT ACCOMPANIED BY ANY INTENTION ON THE PART OF THE PERSON CONCERNED TO ESTABLISH THE PERMANENT CENTRE OF HIS INTERESTS IN ANOTHER STATE , CANNOT BE CONSIDERED SUFFICIENT TO DEPRIVE THE APPLICANT ' S RESIDENCE IN THE STATE OF EMPLOYMENT OF ITS HABITUAL NATURE WITHIN THE MEANING OF THE RELEVANT PROVISION OF THE STAFF REGULATIONS .
| 0 |
10,823 | 29
It follows from the clear terms of Article 5(2)(b) of Directive 2001/29 that the private copying exception is intended exclusively for natural persons making, or having the capacity to make, reproductions of protected works or subject matter for private use and for purposes neither directly nor indirectly commercial (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraphs 43 to 45 and 54 to 56, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraphs 22 to 25 and 64). | 185 LVM and DSM allege that the reasoning of the Court of First Instance was incorrect and that it failed to comply with its legal obligation to consider the reasonableness of the relevant period in the light of all the assessment criteria, namely the complexity of the case, its importance for the undertakings concerned and the conduct of those undertakings and of the competent authorities. | 0 |
10,824 | 42. In any event, the Member State in which the immovable property which is the subject of the gift is located cannot, in order to justify a restriction on the free movement of capital arising from its own legislation, rely on the possibility, beyond its control, of the donee benefiting from a similar allowance by another Member State, such as that in which the donor and the donee resided on the date of the gift, which might wholly or partly offset the loss incurred by the donee as a result of the smaller allowance when calculating the gift tax payable in the former Member State (see, by analogy, Eckelkamp and Others , paragraph 68, and Arens‑Sikken , paragraph 65). | 25. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9). | 0 |
10,825 | 50
The Court has implicitly or explicitly refused to limit the temporal effects both in judgments in which such taxes were declared incompatible with EU law (with regard to the pollution tax laid down by OUG No 50/2008, see judgments of 7 April 2011 in Tatu, C‑402/09, EU:C:2011:219, and of 7 July 2011 in Nisipeanu, C‑263/10, not published, EU:C:2011:466 paragraphs 34 to 38; with regard to the tax on polluting emissions levied pursuant to Law No 9/2012, in its various versions, see order of 3 February 2014 in Câmpean and Ciocoiu, C‑97/13 and C‑214/13, not published, EU:C:2014:229, paragraphs 37 to 42, and judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraphs 56 to 59) and in those judgments in which it is indicated that such taxes should have been repaid with interest (see judgments of 18 April 2013 in Irimie, C‑565/11, EU:C:2013:250, and of 15 October 2014 in Nicula, C‑331/13, EU:C:2014:2285, paragraphs 40 to 42). | 31. The fact remains, however, that the specific circumstances which may justify recourse to the concept of public policy may vary from one country to another and from one era to another. The competent national authorities must therefore be allowed a margin of discretion within the limits imposed by the Treaty ( Van Duyn , paragraph 18, and Bouchereau , paragraph 34). | 0 |
10,826 | 18 Since the Government of the Federal Republic of Germany had expressly requested the Court to reconsider that case-law, it should be emphasized, as the Advocate General pointed out at paragraphs 6 and 7 of his Opinion, that the observations submitted in the context of this case have provided no new factor which might induce the Court to go back on the position which it adopted in the Kziber judgment cited above. | 32. Indeed, it follows both from recital 9 to the directive and from recital 10 to the regulation that the European Union legislature intended to make the preservation of the rights connected to the trade mark conditional upon it actually being used. As the Advocate General has pointed out in points 30 and 32 of her Opinion, a Community trade mark which is not used could obstruct competition by limiting the range of signs which can be registered as trade marks by others and by denying competitors the opportunity to use that trade mark or a similar one when putting onto the internal market goods or services which are identical or similar to those covered by the mark in question. Consequently, non-use of a Community trade mark also risks restricting the free movement of goods and services. | 0 |
10,827 | 20. In the present case, it must be ascertained whether, having regard to the essential features of the transaction at issue in the main proceedings, the reprographer makes to his customer, being a typical consumer, several distinct principal supplies or a single supply (see, to that effect, Levob Verzekeringen and OV Bank , paragraph 20, and Aktiebolaget , paragraph 20). | 20. Taking into account, firstly, that it follows from Article 2(1) of the Sixth Directive that every transaction must normally be regarded as distinct and independent and, secondly, that a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system, the essential features of the transaction must in the first place be ascertained in order to determine whether the taxable person is making to the customer, being a typical consumer, several distinct principal supplies or a single supply (see, by analogy, CPP , paragraph 29). | 1 |
10,828 | 24 The first point to note is that according to paragraphs 9 to 16 of the judgment in Martínez Vidal, cited above, Article 51(1) of the Regulation is to be interpreted as meaning that where there are administrative checks and a medical examination of a person in receipt of invalidity benefits who is staying or resident in a Member State other than that where the institution responsible for payment is located, those checks and that examination must be carried out by the institution where he is staying or resident, with the competent institution being entitled, if it deems necessary, to carry out an additional examination. To that end, the competent institution may require the person in question to travel to the Member State in which it is established, provided that it reimburses the associated travel and subsistence expenses and that the person is able to make the journey without prejudice to his health. | 59. It is clear from the case law of the Court that, when the agreed method of remuneration consists in the right for the provider to exploit the service it is providing, that method of remuneration means that the provider takes the risk of operating the services in question (see, to that effect, Parking Brixen , paragraph 40; Case C‑382/05 Commission v Italy , paragraph 34; and Case C‑437/07 Commission v Italy , paragraph 29 ). | 0 |
10,829 | 132 The Member State, for its part, cannot rebut the Commission's findings by mere assertions which are not substantiated by evidence of a reliable and efficient supervisory system (see Germany v Commission, cited above, paragraph 28), such as the introduction of reforms or the determination of the regional authorities to provide better preparation for inspectors. | 28 In that connection it should be stated that the applicant State has not been able to show that the Commission' s findings were inaccurate . Those findings are capable of giving rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures as regards the conditions for the grant of premiums in the Land in question . | 1 |
10,830 | 36 In that connection, it is clear from the above judgments in Pafitis and Others, paragraph 70, and Kefalas and Others, paragraph 29, that a shareholder relying on Article 25(1) of the Second Directive cannot be deemed to be abusing his rights merely because he is a minority shareholder of a company subject to reorganisation measures, or has benefited from the reorganisation of the company, or has not exercised his right of pre-emption. Similarly, the fact that the plaintiff in the main proceedings asked that Plastika Kavalas be made subject to the scheme under Law No. 1386/1983 does not indicate an abuse of rights. | La Cour a déjà eu l’occasion de préciser que cette exigence de nature procédurale ne va pas à l’encontre de la règle selon laquelle, s’agissant d’infractions aux règles de concurrence, c’est à la Commission qu’il appartient d’apporter la preuve des infractions qu’elle constate et d’établir les éléments de preuve propres à démontrer, à suffisance de droit, l’existence des faits constitutifs d’une infraction. Il est en effet demandé à un requérant, dans le cadre d’un recours juridictionnel, d’identifier les éléments contestés de la décision attaquée, de formuler des griefs à cet égard et d’apporter des preuves, qui peuvent être constituées d’indices sérieux, tendant à démontrer que ses griefs sont fondés (arrêt du 24 octobre 2013, Kone e.a./Commission, C‑510/11 P, non publié, EU:C:2013:696, point 31). | 0 |
10,831 | 53. It should be pointed out in that regard that Directives 89/48 and 92/51 do not establish a system of automatic recognition. Although they recognise the right of access to regulated professions, those directives, under their respective Articles 4(1)(b), allow the host State to require an applicant who is a national of another Member State to complete an adaptation period or to take an aptitude test, in particular where the matters covered by the education a nd training he has received differ substantially from those covered by the diploma required in the host Member State, or where the profession regulated in the host Member State comprises one or more regulated professional activities which are not in the profession regulated in the Member State from which the applicant originates or comes and that difference between the professional activities in the two Member States concerned corresponds to different specific training (see, regarding Directive 89/48, Case C‑39/07 Commission v Spain [2008] ECR I‑0000, paragraph 39). | 39. Moreover, as the Commission has pointed out, Directive 89/48 does not establish a system of automatic recognition. Although it recognises the right of access to regulated professions, that directive, under Article 4(b) thereof, allows the host State to require an applicant who is a national of another Member State to complete an adaptation period or to take an aptitude test, in particular where the matters covered by the education and training he has received differ substantially from those covered by the diploma required in the host Member State, or where the profession regulated in the host Member State comprises one or more regulated professional activities which are not in the profession regulated in the Member State from which the applicant originates or comes and that difference between the professional activities in the two Member States concerned corresponds to different specific training. | 1 |
10,832 | 17. The Court has already held that the various grounds for refusal of registration listed in Article 3 of the trade marks directive must be interpreted in the light of the public interest underlying each of them (see, to that effect, judgment in Windsurfing Chiemsee , C‑108/97 and C‑109/97, EU:C:1999:230, paragraphs 25 to 27, and judgment in Philips , C‑299/99, EU:C:2002:377, paragraph 77). | 77. En effet, la réglementation litigieuse considère, en principe, les héritiers ou les donataires tant résidents que non-résidents comme assujettis aux fins de la perception de droits de succession ou de mutation sur des biens immeubles situés en Espagne. Partant, il n’existe entre un résident et un non-résident aucune différence de situation objective de nature à fonder une différence de traitement (voir, en ce sens, arrêt Schumacker, EU:C:1995:31, point 37). | 0 |
10,833 | 18 In view of that task, the Court considers that it cannot give a preliminary ruling on a question raised in a national court where, inter alia, the interpretation requested relates to measures not yet adopted by the Community institutions (see Case 93/78 Mattheus v Doego [1978] ECR 2203, paragraph 8), the procedure before the court making the reference for a preliminary ruling has already been terminated (see Case 338/85 Pardini v Ministero del commercio con l' estero [1988] ECR 2041, paragraph 11) or the interpretation of Community law or the examination of the validity of a rule of Community law sought by the national court bears no relation to the actual nature of the case or to the subject-matter of the main action (Case 126/80 Salonia v Poidomani and Giglio [1981] ECR 1563, paragraph 6, and, most recently, Durighello, cited above, paragraph 9). | 23. Tout d’abord, il importe de rappeler que, selon une jurisprudence constante, la lettre de mise en demeure adressée par la Commission à l’État membre concerné puis l’avis motivé émis par cette dernière délimitent l’objet du litige, lequel ne peut plus, dès lors, être étendu. En effet, la possibilité pour l’État membre concerné de présenter ses observations constitue, même s’il estime ne pas devoir en faire usage, une garantie essentielle voulue par le traité FUE et son observation est une forme substantielle de la régularité de la procédure constatant un manquement d’un État membre. Par conséquent, l’avis motivé et le recours de la Commission doivent reposer sur les mêmes griefs que ceux de la lettre de mise en demeure qui engage la procédure précontentieuse (voir arrêt Commission/Pays-Bas, C‑576/10, EU:C:2013:510, point 28 et jurisprudence citée). | 0 |
10,834 | 37 It follows from the case-law of the Court that Article 7 of the Directive is to be interpreted in the light of the rules of the Treaty relating to the free movement of goods, in particular Article 36 (Joined Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb and Others v Paranova [1996] ECR I-3457, paragraph 27) and that the purpose of the `exhaustion of rights' rule is to prevent owners of trade marks from being allowed to partition national markets and thus facilitate the maintenance of price differences which may exist between Member States (see Bristol-Myers Squibb, cited above, paragraph 46). If the right to make use of a trade mark in order to attract attention to further commercialization were not exhausted in the same way as the right of resale, the latter would be made considerably more difficult and the purpose of the `exhaustion of rights' rule laid down in Article 7 would thus be undermined. | 28 In that regard, as the documents before the Court show, it is undisputed that the vitamin C content of the products in question is much greater than what is necessary or recommended for general dietary purposes. Furthermore, besides assisting the immune system of the human organism to resist infections in cases of, inter alia, asthenia or severe strain, such doses of vitamin C, which the human body is incapable of making for itself, are also recommended as treatment for allergic reactions and severe traumatisms, of the kind which may result from an injury or a surgical operation, or to combat deficiency-related illnesses, such as scurvy or Moeller-Barlow disease. | 0 |
10,835 | 63
Moreover, the mere fact that a company transfers its registered office from one Member State to another cannot be the basis for a general presumption of fraud and cannot justify a measure that adversely affects the exercise of a fundamental freedom guaranteed by the Treaty (see, by analogy, judgment of 29 November 2011, National Grid Indus, C‑371/10, EU:C:2011:785, paragraph 84). | 20 In order to ascertain whether the first indent of Article 37(1) of the Europe Agreement meets those criteria, it is first necessary to consider the wording of that provision. | 0 |
10,836 | 38. It should be borne in mind, first, that Article 21 TFEU and, in their respective areas, Articles 45 TFEU and 49 TFEU, and Articles 22 and 24 of Directive 2004/38, prohibit national measures which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement within the European Union. Such measures, even if they apply without regard to the nationality of the individuals concerned, constitute restrictions on the fundamental freedoms guaranteed by those articles (see, to that effect, Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraphs 21 and 22; Case C‑253/09 Commission v Hungary [2011] ECR I‑0000, paragraphs 46, 47 and 86; and Case C‑46/12 L.N. [2013] ECR I‑0000, paragraph 28). | 36 The file and the pleadings show that the crucial point is whether Protocol No 2 is intended only to clarify the limitation of the effects in time of the Barber judgment, as set out above, or whether it has wider scope. | 0 |
10,837 | 66. It must initially be borne in mind that, in the context of proceedings brought under Article 267 TFEU, the Court has no jurisdiction to rule either on the interpretation of provisions of national laws or regulations or on their conformity with European Union law. It may, however, supply the national court with an interpretation of European Union law that will enable that court to resolve the legal problem before it (see, inter alia, Case C‑124/99 Borawitz [2000] ECR I‑7293, paragraph 17, and Case C‑385/09 Nidera Handelscompagnie [2010] ECR I‑10385, paragraph 32). | 16. The public interest relating to the social protection of workers in the construction industry may however, because of conditions specific to that sector, constitute an overriding requirement justifying such a restriction on the freedom to provide services. | 0 |
10,838 | 27. It must be added, however, that when exercising the powers thus vested in them, the Member States must comply with EU law and its general principles and, consequently, the principle of proportionality (see judgment in Rēdlihs , C‑263/11, EU:C:2012:497, paragraph 44 and the case-law cited). | 31. Clause 2(1) of the framework agreement grants men and women workers an individual right to parental leave of at least three months. | 0 |
10,839 | 40. In that regard, it is immaterial that such needs are also met or can be met by private undertakings. It is important that they should be needs which, for reasons in the general interest, the State or a regional authority generally chooses to meet itself or over which it wishes to retain a decisive influence (see, to that effect, Case C‑360/96 BFI Holding [1998] ECR I‑6821, paragraphs 44, 47, 51 and 53, and Joined Cases C‑223/99 and C‑260/99 Agorà and Excelsior [2001] ECR I‑3605, paragraphs 37, 38 and 41). | 19 Lastly, the Portuguese Government alluded to certain practical difficulties in estimating the real market value of the second-hand vehicles for the purposes of calculating the tax. Even if their existence were proved, such difficulties cannot justify the application of internal charges which discriminate against products from other Member States in breach of Article 95 of the Treaty. | 0 |
10,840 | 22. For a trade mark to possess distinctive character for the purposes of Regulation No 207/2009, it must serve to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings (see, to that effect, Joined Cases C‑468/01 P to C‑472/01 P Procter & Gamble v OHIM [2004] ECR I‑5141, paragraph 32; Case C‑304/06 P Eurohypo v OHIM [2008] ECR I‑3297, paragraph 66; and Case C‑311/11 P Smart Technologies v OHIM [2012] ECR I‑0000, paragraph 23). | 66. As a preliminary point, it should be borne in mind, as is apparent from paragraph 56 of this judgment, that for a trade mark to possess a distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94, it must serve to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings ( Henkel v OHIM , paragraph 34 and the case-law cited). | 1 |
10,841 | 25 As the Court has consistently held (see, most recently, von Deetzen v Hauptzollamt Oldenburg, paragraph 23), the prohibition of discrimination between Community producers laid down in Article 40(3) of the Treaty is merely a specific enunciation of the general principle of equality which is one of the fundamental principles of Community law. That principle requires that similar situations must not be treated differently unless differentiation is objectively justified. | 17. Ms Riežniece took parental leave from 14 November 2007 to 6 May 2009. | 0 |
10,842 | 162. As regards the Republic of Austria’s argument to the effect that application of the legislation is consistent with the Directive, it need only be stated that mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting valid fulfilment of the obligations to transpose a directive (see, to this effect, Case C-197/96 Commission v France [1997] ECR I‑1489, paragraph 14; Case C-358/98 Commission v Italy [2000] ECR I‑1255, paragraph 17; and Case C-33/03 Commission v United Kingdom [2005] ECR I‑1865, paragraph 25). | 45 Although LTM states that a serious insufficiency of iodine intake in a foetus may lead to death at the time of birth, it has not been demonstrated that Strongenol is capable of being applied in the prevention or treatment of such a medical condition or in the prevention or treatment of any other disease or ailment. More generally, it has not been shown that Strongenol has a clearly defined therapeutic and, above all, prophylactic effect on precise functions of the human organism, as required by the abovementioned judgment in Bioforce. | 0 |
10,843 | 47. As the Danish Government argued in the written observations which it submitted to the Court, in a situation where a taxable person which has been able to deduct VAT on the purchase of goods used for its business applies those goods from its business for its own private use or that of its staff, that person becomes a final consumer of those goods and must be treated accordingly. From that point of view, Article 6(2)(a) of the Sixth Directive prevents the taxable person from escaping payment of VAT when it applies those goods for its own private use and from thus enjoying advantages to which it is not entitled by comparison with an ordinary consumer who buys the goods and pays VAT on them (see, to that effect, Case C-20/91 de Jong [1992] ECR I-2847, paragraph 15; Enkler , paragraph 33; Case C‑415/98 Bakcsi [2001] ECR I‑1831, paragraph 42; Fischer and Brandenstein , paragraph 56; and Hotel Scandic Gåsabäck , paragraph 23). | 12 Consequently, Community legislation regarding freedom of movement for workers cannot be applied to the situation of workers who have never exercised the right to freedom of movement within the Community. | 0 |
10,844 | 35. It follows from the second paragraph of the preamble to the Framework Agreement, from paragraphs 6 and 8 of the general considerations thereof and from the case-law of the Court that the benefit of stable employment is viewed as a major element in the protection of workers, whereas it is only in certain circumstances that fixed-term employment contracts are liable to respond to the needs of both employers and workers ( Mangold , paragraph 64, and Adeneler and Others , paragraph 62). | 28. As regards the need to prevent abuse, it is true that it is apparent from settled case-law that a restriction on the freedom to provide services can be justified where it specifically targets wholly artificial arrangements which do not reflect economic reality and whose only purpose is to obtain a tax advantage (see, inter alia, Jobra , paragraph 35 and the case-law cited). | 0 |
10,845 | 59. Accordingly, it must be concluded that the main contract had as its main object the construction of the exhibition halls concerned in accordance with the requirements specified by the City of Cologne. Moreover, those halls constitute a ‘work’ within the meaning of Article 1(c) of Directive 93/37 in so far as they are sufficient of themselves to fulfil an economic function, and their value is far higher than the threshold laid down under Article 6 of that directive. In addition, that contract was concluded for pecuniary interest, since GKM‑GbR acted in this case as a contractor, irrespective of the fact that it arranged for execution of that work through sub-contracting (see, to that effect, Case C‑399/98 Ordine degli Architetti and Others [2001] ECR I‑5409, paragraph 90), and the City of Cologne is a contracting authority. This contract must therefore be classified as a public works contract within the meaning of Article 1(a) of Directive 93/37. | 90 It should be noted that Article 1(a) of the Directive does not require that, in order to be classed as a contractor, a person who enters into a contract with a contracting authority must be capable of direct performance using his own resources. The person in question need only be able to arrange for execution of the works in question and to furnish the necessary guarantees in that connection. | 1 |
10,846 | 50. In that context, as the referring court observed, it is settled case-law that the principle of fiscal neutrality prevents any general distinction between lawful and unlawful transactions. Consequently, the mere fact that conduct amounts to an offence does not entail exemption from tax; that exemption applies only in specific circumstances where, owing to the special characteristics of certain goods or services, any competition between a lawful economic sector and an unlawful sector is precluded (see, inter alia, Case C-158/98 Coffeeshop ‘Siberië ’ [1999] ECR I-3971, paragraphs 14 and 21, and Case C‑455/98 Salumets and Others [2000] ECR I‑4993, paragraph 19). It is common ground, however, that that is not the case with either the computer components or the vehicles at issue in the main proceedings. | 159. It follows that, in order to be capable of preventing registration of a new sign, the sign relied on in opposition must actually be used in a sufficiently significant manner in the course of trade and its geographical extent must not be merely local, which implies, where the territory in which that sign is protected may be regarded as other than local, that the sign must be used in a substantial part of that territory. | 0 |
10,847 | 89 It is true that, according to consistent case-law (see, inter alia, Case 175/78 Regina v Saunders [1979] ECR 1129, paragraph 11; Case 180/83 Moser v Land Baden-Wuerttemberg [1984] ECR 2539, paragraph 15; Case C-332/90 Steen v Deutsche Bundespost [1992] ECR I-341, paragraph 9; and Case C-19/92 Kraus, cited above, paragraph 15), the provisions of the Treaty concerning the free movement of workers, and particularly Article 48, cannot be applied to situations which are wholly internal to a Member State, in other words where there is no factor connecting them to any of the situations envisaged by Community law. | 51. Dans le cadre de l’appréciation de la Cour, les critères devant être pris en considération afin d’assurer la nature coercitive de l’astreinte en vue de l’application uniforme et effective du droit de l’Union sont, en principe, la durée de l’infraction, son degré de gravité et la capacité de paiement de l’État membre en cause. Pour l’application de ces critères, la Cour est appelée à tenir compte, en particulier, des conséquences du défaut d’exécution sur les intérêts publics et privés en cause ainsi que de l’urgence qu’il y a à ce que l’État membre concerné se conforme à ses obligations (arrêt Commission/Italie, EU:C:2011:740, point 57). | 0 |
10,848 | 14. It must be stated next that a person such as Mr Jestel, in so far as his activity was limited to involvement in the conclusion of contracts of sale of the goods, collecting the sale price and communicating the names and addresses of the purchasers to the supplier of those goods, is not capable of being a debtor of the customs debt pursuant to the first and third indents of Article 202(3). Those indents concern, respectively, the person who in practical terms introduced the goods without declaring them (see Joined Cases C‑238/02 and C‑246/02 Viluckas and Jonusas [2004] ECR I‑2141, paragraph 29, and Papismedov and Others , paragraph 39) and the persons who acquired or held the goods after their introduction. | 17 In this case, the formal letters of 12 March 1991 and 12 February 1992 sufficiently identified the alleged failure of the Italian Republic to fulfil its obligations, consisting in the adoption of the decrees at issue containing technical regulations without first notifying them to the Commission at the draft stage, as required by Directive 83/189. Those letters thus informed the Italian Government of the nature of the complaints against it and gave it the opportunity to submit its defence, which it did by the two telex messages of 18 April 1991 and 31 March 1992. | 0 |
10,849 | 104
It is settled case-law that, with regard to judicial review of decisions whereby the Commission imposes a fine or periodic penalty payment for infringement of the competition rules, in addition to the review of legality provided for in Article 263 TFEU, the European Union judicature has the unlimited jurisdiction which it is afforded by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU, and which empowers it to substitute its own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or periodic penalty payment imposed (see, inter alia, judgment of 9 June 2016, Repsol Lubricantes y Especialidades and Others v Commission, C‑617/13 P, EU:C:2016:416, paragraph 84 and the case-law cited). | 27 Whilst such an entity must be sufficiently structured and autonomous, it will not necessarily have significant assets, tangible or intangible. Indeed, in certain sectors, such as cleaning, these assets are often reduced to their most basic and the activity is essentially based on manpower. Thus, an organised grouping of wage earners who are specifically and permanently assigned to a common task may, in the absence of other factors of production, amount to an economic entity. | 0 |
10,850 | 33
It follows from settled case-law that although, as EU law stands at present, the rules governing the way in which a person’s surname is entered on certificates of civil status are matters coming within the competence of the Member States, the latter must nonetheless, when exercising that competence, comply with EU law and, in particular, with the FEU Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (judgments of 2 October 2003, Garcia Avello, C‑148/02, EU:C:2003:539, paragraph 25; of 14 October 2008, Grunkin and Paul, C‑353/06, EU:C:2008:559, paragraph 16; of 22 December 2010, Sayn-Wittgenstein, C‑208/09, EU:C:2010:806, paragraphs 38 and 39; of 12 May 2011, Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 63; and of 2 June 2016, Bogendorff von Wolffersdorff, C‑438/14, EU:C:2016:401, paragraph 32). | 19 FURTHER THE HIRING UNDERTAKING IS INDEBTED NOT TO THE WORKER BUT ONLY TO HIS EMPLOYER . | 0 |
10,851 | 34. Moreover, it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or to decide whether the interpretation given by the national court of those provisions is correct (see, inter alia, with regard to Article 234 EC, Case C-244/06 Dynamic Medien [2008] ECR I-0000, paragraph 19). | 18 IT SHOULD BE NOTED IN THE FIRST PLACE THAT THE APPLICANT DOES NOT DISPUTE THAT , DESPITE BT ' S STATUS AS A NATIONALIZED INDUSTRY , ITS MANAGEMENT OF PUBLIC TELECOMMUNICATIONS EQUIPMENT AND ITS PLACING OF SUCH EQUIPMENT AT THE DISPOSAL OF USERS ON PAYMENT OF A FEE DO INDEED AMOUNT TO A BUSINESS ACTIVITY WHICH AS SUCH IS SUBJECT TO THE OBLIGATIONS IMPOSED BY ARTICLE 86 OF THE TREATY .
| 0 |
10,852 | 33 It is settled case-law that Article 59 of the 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 to national providers of services and to those of other Member States alike, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (see Case C-76/90 Säger v Dennemeyer [1991] ECR I-4221, paragraph 12; Case C-43/93 Vander Elst v Office des Migrations Internationales [1994] ECR I-3803, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 10; Case C-3/95 Reisebüro Broede v Sandker [1996] ECR I-6511, paragraph 25; Case C-222/95 Parodi v Banque H. Albert de Bary [1997] ECR I-3899, paragraph 18; and Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33). | 28. In the main proceedings, the provisions of the CGI at issue aim to treat, as far as possible, a group constituted by a parent company with its subsidiaries and its sub-subsidiaries in the same way as an undertaking with a number of permanent establishments, by allowing the results of each company to be consolidated. | 0 |
10,853 | 49. Article 7(1) of the Directive imposes a principal obligation on the employer, which is to designate one or more workers to carry out activities related to the protection and prevention of occupational risks. Article 7(3) provides for the obligation to enlist competent external persons or services (Case C-49/00 Commission v Italy [2001] ECR I-8575, paragraph 23). However, as the Court has already held, that obligation is merely subsidiary to that laid down in Article 7(1), since it arises only ‘if such protective and preventive measures cannot be organised for lack of competent personnel in the undertaking and/or establishment’ (see Case C-441/01 Commission v Netherlands [2003] ECR I-5463, paragraph 20). | 62 However, this finding does not mean that the Commission is not obliged, where necessary, to extend its investigation of a complaint beyond a mere examination of the facts and points of law brought to its notice by the complainant. The Commission is required, in the interests of sound administration of the fundamental rules of the Treaty relating to State aid, to conduct a diligent and impartial examination of the complaint, which may make it necessary for it to examine matters not expressly raised by the complainant. | 0 |
10,854 | 31. The Court has also held that that principle applies to any case in which a Member State breaches Community law, whichever is the authority of the Member State whose act or omission was responsible for the breach ( Brasserie du Pêcheur and Factortame, cited above, paragraph 32; Case C-302/97 Konle [1999] ECR I-3099, paragraph 62 and Haim, cited above, paragraph 27). | 55. It is true that the Court has held on several occasions that the prevention of tax avoidance and the need for effective fiscal supervision may be relied on to justify restrictions on the exercise of the fundamental freedoms guaranteed by the Treaty (see Baxter and Others , C‑254/97, EU:C:1999:368, paragraph 18, and Commission v Belgium EU:C:2006:702, paragraph 35). | 0 |
10,855 | 52. Moreover, in paragraphs 84 and 86 of the judgment under appeal, the General Court, relying on paragraphs 34 and 41 of Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , confirms, correctly, that a State measure constitutes aid if it is such as to favour certain undertakings or the production of certain goods in comparison with other undertakings which are in a legal and factual situation that is comparable in the light of the objective pursued by the measure in question. | 84. En l’espèce, la requérante n’a fourni à la Cour aucun indice de nature à laisser apparaître que le non-respect, par le Tribunal, d’un délai de jugement raisonnable a pu avoir une incidence sur la solution du litige dont ce dernier était saisi. | 0 |
10,856 | 70. It is for the Council and the Commission to assess whether the evidence supplied by the producer concerned is sufficient to show that the criteria laid down in Article 2(7)(c) of the basic regulation are fulfilled in order to grant it MET and it is for the European Union judicature to examine whether that assessment is vitiated by a manifest error (see judgment of 2 February 2012 in Case C-249/10 P Brosmann Footwear (HK) and Others v Council , paragraph 32). | 34. It should be borne in mind that, as the Court has held previously, 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 practice in each Member State’. Moreover, 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). | 0 |
10,857 | 52
In that context, it must be borne in mind that, in accordance with the settled case-law of the Court, the national court is required to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary to that end (judgment of 1 October 2015 in ERSTE Bank Hungary, C‑32/14, EU:C:2015:637, paragraph 41 and the case-law cited). | 27. Il ressort d’une jurisprudence constante que l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288 TFUE, de prendre toutes les mesures propres à assurer l’exécution de cette décision. Il doit parvenir à une récupération effective des sommes dues (arrêts du 5 octobre 2006, Commission/France, C-232/05, Rec. p. I-10071, point 42; du 20 octobre 2011, Commission/France, C-549/09, non encore publié au Recueil, point 27, et du 1 er mars 2012, Commission/Grèce, C-354/10, non encore publié au Recueil, point 57). | 0 |
10,858 | 55. In that regard, it should be noted that the Court has consistently held that, in interpreting a provision of Community law, it is necessary to consider not only its wording but also the context in which it occurs and the aims of the rules of which it forms part (see, inter alia , Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50, and Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30). | 50 Furthermore, as the Court has held in previous decisions, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (Case 292/82 Merck [1983] ECR 3781, paragraph 12, and Case 337/82 St Nikolaus Brennerei und Likörfabrik v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10). | 1 |
10,859 | 36. As regards, more specifically, Article 49 TFEU, the Court has consistently held that that provision cannot be applied to activities which have no factor linking them with any of the situations governed by EU law and which are confined in all relevant respects within a single Member State (see, to that effect, inter alia, Case 20/87 Gauchard [1987] ECR 4879, paragraph 12; Case 204/87 Bekaert [1988] ECR 2029, paragraph 12; Case C‑212/06 Government of the French Community and Walloon Government [2008] ECR I‑1683, paragraph 33; and Case C‑84/11 Susisalo and Others [2012] ECR, paragraph 18 and the case-law cited). | 39 It is likewise not possible to accept the French Government's argument that it embarked upon a vigorous programme to comply with the rules laid down by Directives 89/369 and 89/429, enabling the number of plants not complying with those rules to be reduced from 40 in December 1996 to seven at the end of 1999. It is common ground that the French Government established and then implemented that programme from the end of 1996 only, that is to say six years after the time-limit for implementing Directive 89/429 expired. Accordingly, the measures adopted by the French Government were belated and they cannot be relied on in order to justify the failure to fulfil obligations. | 0 |
10,860 | 54. It is relevant to add that, for the purposes of interpreting Regulation No 881/2002, account must also be taken of the wording and purpose of Resolution 1390 (2002) which, according to Recital 4 in the preamble to Regulation No 881/2002, that regulation is designed to implement (see, to that effect, Case C‑84/95 Bosphorus [1996] ECR I‑3953, paragraphs 13 and 14, and Case C‑371/03 Aulinger [2006] ECR I‑2207, paragraph 30). | 23 Consequently, it is for the national court, as the only court with jurisdiction to interpret the agreement between the national bureaux, to give to the terms used in that agreement the meaning which it considers appropriate, without being bound in that regard by the meaning which must be attributed to the same expression as used in the Directive. | 0 |
10,861 | 60. As is apparent from the analysis of the first ground of appeal, in order to establish whether the author of the infringement decides independently upon its own conduct on the market, account must be taken of all the relevant factors relating to the economic, organisational and legal links which tie that author to its holding entity, which may vary from case to case and cannot therefore be set out in an exhaustive list (see, to that effect, Akzo Nobel and Others v Commission , paragraphs 73 and 74; Elf Aquitaine v Commission , paragraph 58; and Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 45). | 41. À titre liminaire, il convient de constater que, ainsi que l’ont relevé les gouvernements polonais, portugais et du Royaume-Uni, il est un principe central du système de la TVA que le droit à déduction de la TVA grevant l’acquisition de biens ou de services en amont présuppose que les dépenses effectuées pour acquérir ceux-ci font partie des éléments constitutifs du prix des opérations taxées en aval ouvrant droit à déduction. | 0 |
10,862 | 37 Such inequality of treatment thus constitutes a restriction on the freedom of establishment of nationals of the Member State concerned (and, moreover, on that of nationals of other Member States resident in that Member State), who have a holding in the capital of a company established in another Member State, provided that that holding gives them definite influence over the company's decisions and allows them to determine its activities (see inter alia Case C-251/98 Baars [2000] ECR I-2787, paragraphs 22 and 28 to 31, and Case C-208/00 berseering [2002] ECR I-0000, paragraph 77). It is for the referring court to ascertain whether that condition is fulfilled in the case in the main proceedings. | 41. À cet égard, la Cour a jugé que la libre circulation des capitaux peut être limitée par des mesures nationales justifiées par les raisons mentionnées à l’article 58 CE ou par des raisons impérieuses d’intérêt général, pour autant qu’il n’existe pas de mesure communautaire d’harmonisation prévoyant des mesures nécessaires pour assurer la protection de ces intérêts (voir arrêts du 28 septembre 2006, Commission/Pays-Bas, C‑282/04 et C‑283/04, Rec. p. I‑9141, point 32; Commission/Allemagne, précité, point 72, ainsi que du 14 février 2008, Commission/Espagne, précité, point 35). | 0 |
10,863 | Furthermore, if the appellants’ argument were accepted, an undertaking participating in an infringement would merely have to negotiate its sales with its customers outside the EEA in order to ensure that those sales would not be taken into account in the calculation of a potential fine, which would therefore be much smaller (see, by analogy, judgment of 27 September 1988, Ahlström Osakeyhtiö and Others v Commission, 89/85, 104/85, 114/85, 116/85, 117/85 and 125/85 to 129/85, EU:C:1988:447, paragraph 16). | 35. Similarly, nor can there be said to be a direct and inseverable link between the chargeable event for the tax and the consumption of electricity generated by a given nuclear reactor, as held in the judgment in Braathens (C‑346/97, EU:C:1999:291, paragraph 23). | 0 |
10,864 | 34. The Court has also held that those grounds are capable of justifying, in the light of Article 28 EC and taking account of the specific social and cultural features, restrictions which may go so far as to prohibit lotteries and other forms of gambling in a Member State (see, to that effect, Schindler , paragraph 59). | 73. As to that submission, an action in respect of an infringement which no longer existed on the date upon which the period laid down in the reasoned opinion expired is, according to the case-law, inadmissible because it is devoid of purpose (see Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 13, and Case C-209/02 Commission v Austria [2004] ECR I-1211, paragraphs 17 and 18). | 0 |
10,865 | 35. The national court, in assessing the facts characterising the transaction in question, must take into account the type of undertaking or business concerned. It follows that the degree of importance to be attached to each criterion indicating a transfer within the meaning of Directive 2001/23 will necessarily vary according to the activity carried on, or indeed the production or operating methods employed in the relevant undertaking, business or part of a business (see Süzen , paragraph 18; Joined Cases C-173/96 and C-247/96 Hidalgo and Others [1998] ECR I-8237, paragraph 31, and Abler and Others , paragraph 35). | 25 FAR FROM INVOLVING A DEPARTURE FROM THESE FUNDAMENTAL RULES, THEREFORE, THE OBJECT OF THE RULES RELATING TO THE COMMON TRANSPORT POLICY IS TO IMPLEMENT AND COMPLIMENT THEM BY MEANS OF COMMON ACTION . | 0 |
10,866 | 65
However, the Court has already held in this regard that such an impact assessment is not binding on either the Parliament or the Council (judgment in Afton Chemical, C‑343/09, EU:C:2010:419, paragraph 57). Consequently, the EU legislature remains free to adopt measures other than those which were the subject of that impact assessment. Therefore, the mere fact that it adopted a different and, as the case may be, more onerous measure than the measures envisaged by the Commission in the impact assessment referred to in paragraph 57 of the present judgment is not such as to demonstrate that it manifestly exceeded the limits of what was necessary in order to achieve the stated objective. | 63. According to settled case-law, the classification as ‘aid’ within the meaning of Article 87(1) of the Treaty requires that all the conditions set out in that provision are fulfilled (see Case C-142/87 Belgium v Commission [1990] ECR I-959, ‘Tubemeuse’ , paragraph 25; Case C‑280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, paragraph 74; and Joined Cases C-341/06 P and C‑342/06 P Chronopost and La Poste v Ufex and Others [2008] ECR I‑0000, paragraph 125). | 0 |
10,867 | 44. It is true that, according to Articles 3(7) and 22(1) of the understanding, compensation and the suspension of concessions or other obligations are temporary measures available in the event that the recommendations and rulings of the DSB are not implemented within a reasonable period of time, the latter of those provisions showing a preference for full implementation of a recommendation to bring a measure into conformity with the WTO agreements in question ( Portugal v Council , paragraph 38). | 38 According to Article 22(1) of that Understanding, compensation is a temporary measure available in the event that the recommendations and rulings of the dispute settlement body provided for in Article 2(1) of that Understanding are not implemented within a reasonable period of time, and Article 22(1) shows a preference for full implementation of a recommendation to bring a measure into conformity with the WTO agreements in question. | 1 |
10,868 | 12 On 17 May 1994 PMU-Bucharest informed the Commission that the Romanian Ministry of Agriculture and Food Industry, the contracting authority, had awarded the contract to the German firm by decision of 15 April 1994. | 53. Outre le fait qu’il s’agit d’un motif apparemment surabondant ne pouvant, selon une jurisprudence constante, entraîner l’annulation d’un arrêt rendu par le Tribunal (voir, notamment, arrêt Anheuser-Busch/Budějovický Budvar, C‑96/09 P, EU:C:2011:189, point 211), celui-ci ne saurait en aucun cas être compris dans un sens autre que celui, déjà exprimé au point 50 dudit arrêt, selon lequel la chambre de recours aurait dû prendre en considération la limitation telle que demandée par Kessel. | 0 |
10,869 | 35. Fundamental rights form an integral part of the general principles of law the observance of which the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international instruments for the protection of human rights on which the Member States have collaborated or to which they are signatories. The ECHR has special significance in that respect (see, inter alia, Case C-260/89 ERT [1991] ECR I-2925, paragraph 41; Opinion 2/94 [1996] ECR I‑1759, paragraph 33; Case C-274/99 P Connolly v Commission [2001] ECR I‑1611, paragraph 37; Case C-94/00 Roquette Frères [2002] ECR I-9011, paragraph 25; Case C-112/00 Schmidberger [2003] ECR I-5659, paragraph 71; and Case C-36/02 Omega [2004] ECR I-9609, paragraph 33). | 22. In those circumstances, the Commission’s action must be held to be well founded in relation to the Letterkenny agglomeration.
The Howth agglomeration
Arguments of the parties | 0 |
10,870 | 46. The Court concluded therefrom that, if it were to turn out that the grant to the intermediaries of the discounts currently agreed only for the business customers of Deutsche Post AG meant that those discounts were excessive compared with the avoided costs, it would be open to the company to reduce those discounts to the extent necessary for all recipients (judgment in Deutsche Post and Others , EU:C:2008:141, paragraph 38). | 105. The object of Article 9(1) of Directive 64/221 is to ensure a minimum procedural safeguard for persons affected by a decision ordering their expulsion from the territory. That article, which applies in three cases, namely where there is no right of appeal to a court of law, where such an appeal may be only in respect of the legal validity of the decision, or where the appeal cannot have suspensory effect, provides for the intervention of a competent authority other than that empowered to take the decision. Save in cases of urgency, the administrative authority may not take its decision until an opinion has been obtained from the other competent authority. The person concerned must enjoy such rights of defence before the latter authority and of assistance or representation as the domestic law of that country provides for (see, to that effect, Joined Cases C-297/88 and C-197/89 Dzodzi [1990] ECR I-3763, paragraph 62, and Yiadom , cited above, paragraphs 29 to 31). | 0 |
10,871 | 81
On the one hand, as the Court has already held, the question whether a tax is an integral part of an aid financed by a tax depends not on the existence of a competitive relationship between the person liable to pay the tax and the beneficiary of the aid, but only on whether that tax is hypothecated to the aid in question under the relevant national legislation (see, to that effect, judgment of 22 December 2008, Régie Networks, C‑333/07, EU:C:2008:764, paragraphs 93 to 99). | 23 AS FAR AS THE FIRST OF THOSE TWO CONDITIONS IS CONCERNED , IN REGULATION NO 17 ITSELF , IN PARTICULAR IN THE ELEVENTH RECITAL IN ITS PREAMBLE AND IN THE PROVISIONS CONTAINED IN ARTICLE 19 , CARE IS TAKEN TO ENSURE THAT THE RIGHTS OF THE DEFENCE MAY BE EXERCISED TO THE FULL , AND THE PROTECTION OF THE CONFIDENTIALITY OF WRITTEN COMMUNICATIONS BETWEEN LAWYER AND CLIENT IS AN ESSENTIAL COROLLARY TO THOSE RIGHTS . IN THOSE CIRCUMSTANCES , SUCH PROTECTION MUST , IF IT IS TO BE EFFECTIVE , BE RECOGNIZED AS COVERING ALL WRITTEN COMMUNICATIONS EXCHANGED AFTER THE INITIATION OF THE ADMINISTRATIVE PROCEDURE UNDER REGULATION NO 17 WHICH MAY LEAD TO A DECISION ON THE APPLICATION OF ARTICLES 85 AND 86 OF THE TREATY OR TO A DECISION IMPOSING A PECUNIARY SANCTION ON THE UNDERTAKING . IT MUST ALSO BE POSSIBLE TO EXTEND IT TO EARLIER WRITTEN COMMUNICATIONS WHICH HAVE A RELATIONSHIP TO THE SUBJECT-MATTER OF THAT PROCEDURE .
| 0 |
10,872 | 39. It should be recalled at the outset that the interest in bringing proceedings – a condition of admissibility – must continue up until the Court’s ruling on the substance. According to the case-law of the Court, such an interest exists as long as the appeal may, if successful, procure an advantage for the party bringing it (Case C-550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission [2010] ECR I‑0000, paragraphs 22 and 23). | 49 It follows that the amendments made in 1995 to the 1980 Agreement have had the effect of creating the framework of a more intensive cooperation between the United States of America and the Kingdom of Belgium, which entails new and significant international commitments for the latter. | 0 |
10,873 | 79. Finally, it may be seen from the contested decision that, despite the contacts between the German Government and the appellants on the one side and the Commission on the other revealing persistent differences of opinion as to whether that provision was applicable, no specific argument was put forward during the administrative procedure (see Case C-156/98 Germany v Commission , paragraphs 104 to 108). | 107 The arguments put forward in this connection by the German Government have been rejected by various decisions of the Commission, such as inter alia Commission Decision 94/266/EC of 21 December 1993 on the proposal to award aid to SST-Garngesellschaft mbH, Thüringen (OJ 1994 L 114, p. 21) and Commission Decision 94/1074/EC of 5 December 1994 on the German authorities' proposal to award aid to Textilwerke Deggendorf GmbH, Thüringen (OJ 1994 L 386, p. 13). | 1 |
10,874 | 47. Under Article 225 EC, the first paragraph of Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice, an appeal must indicate 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. That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the Court of First Instance (see, in particular, Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I-5291, paragraphs 34 and 35, and Case C-208/03 P Le Pen v Parliament [2005] ECR I-6051, paragraph 39). | 41 Next, the principle of equal treatment implies an obligation of transparency in order to enable compliance with it to be verified (see, by analogy, Case C-275/98 Unitron Scandinavia and 3-S [1999] ECR I-8291, paragraph 31). | 0 |
10,875 | 49. In that regard, it must be noted that even though, strictly speaking, the national court has directed its reference for a preliminary ruling solely to the interpretation of Article 14(1)(c) of Directive 2006/54, the Court is not thereby precluded from providing the national court with all the elements for the interpretation of European Union law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its question (see, to that effect, Case C-387/01 Weigel [2004] ECR I-4981, paragraph 44, and Case C‑152/03 Ritter-Coulais [2006] ECR I-1711, paragraph 29). | 26. Therefore, the answer to the question is that the third subparagraph of Article 17(5) of the Sixth Directive must be interpreted as allowing Member States, for the purposes of calculating the proportion of input VAT deductible for a given operation, such as the construction of a mixed-use building, to give precedence, as the key to allocation, to an allocation key other than that based on turnover appearing in Article 19(1) of that directive, on condition that the method used guarantees a more precise determination of the said deductible proportion.
Costs | 0 |
10,876 | 25. According to well-established case-law, the second paragraph of Article 7 of Decision No 1/80 is a more favourable provision than the first and is intended to provide specific treatment for children, as opposed to other members of the family of a Turkish worker, with a view to facilitating their entry into the employment market following completion of a course of vocational training, the objective being the achievement by progressive stages of freedom of movement for workers, in accordance with the aims of that decision ( Akman , paragraph 38, and Torun , paragraph 23). | 42. The fact that the tangible assets taken over by the new contractor did not belong to its predecessor but were provided by the contracting authority cannot therefore preclude the existence of a transfer within the meaning of Directive 77/187. | 0 |
10,877 | 28
That point having been clarified, it should be noted that, according to settled case-law, it follows from the need for uniform application of EU law and from the principle of equality that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union (see, to that effect, judgments of 17 July 2008, Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42, and of 24 May 2016, Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 28). | 76 In the present cases, the medical specialists who are members of the LSV provide, in their capacity as self-employed economic operators, services on a market, namely the market in specialist medical services. They are paid by their patients for the services they provide and assume the financial risks attached to the pursuit of their activity. | 0 |
10,878 | 21. In this case, it is not obvious that the interpretation of Community law requested is not necessary for the national court (see Guimont , cited above, paragraph 23). Such a reply might help it to determine whether a prohibition such as that provided for in Paragraph 30(1) of the UWG is likely to constitute a potential impediment to intra-Community trade falling within the scope of application of Article 28 EC (see also Case C-254/98 TK-Heimdienst [2000] ECR I-151, paragraph 14). | 35 As the Advocate General noted at points 25 and 26 of his Opinion, in contrast to levies designed to meet general public charges, the CSG is allocated specifically and directly to financing social security in France, the corresponding revenue being allocated to the Caisse Nationale des Allocations Familiales, the Fonds de Solidarité Vieillesse and the compulsory sickness schemes. The purpose of the CSG is therefore to finance more particularly the branches which concern old-age, survivors', sickness and family benefits, which are covered by Article 4 of Regulation No 1408/71. | 0 |
10,879 | 31 It must also be noted that Keck and Mithouard, cited above, is concerned only with domestic provisions which limit or prohibit certain selling arrangements and not national legislation designed to regulate trade in goods between Member States (paragraph 12 of the judgment) or which relate to the requirements to be met by the goods in question (paragraph 15 of the judgment). | 15 It is established by the case-law beginning with "Cassis de Dijon" (Case 120/78 Rewe-Zentral v Bundesmonopolverwaltung fuer Branntwein [1979] ECR 649) that, in the absence of harmonization of legislation, obstacles to free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods (such as those relating to designation, form, size, weight, composition, presentation, labelling, packaging) constitute measures of equivalent effect prohibited by Article 30. This is so even if those rules apply without distinction to all products unless their application can be justified by a public-interest objective taking precedence over the free movement of goods. | 1 |
10,880 | 77. The Court has none the less held, in essence, that particular circumstances may be capable, by virtue of the principle of sincere cooperation arising from Article 4(3) TEU, of requiring a national administrative body to review an administrative decision that has become final, in particular to take account of the interpretation of a relevant provision of European law which the Court has given subsequently (see Kempter , paragraph 38). It can be seen from the case-law that, in that context, the Court has taken account of the particular features of the situations and interests at issue in order to strike a balance between the requirement for legal certainty and the requirement for legality under EU law (see, to that effect, inter alia, Kühne & Heitz , paragraphs 25 and 26; i - 21 Germany and Arcor , paragraphs 53, 63 and 64; Kempter , paragraphs 46, 55 and 60; and Fallimento Olimpiclub , paragraphs 22, 26 and 31). | 28. La République italienne soutient de plus que, eu égard à l’état de cessation d’activité des entreprises bénéficiaires, la récupération des aides serait sans rapport avec l’objectif poursuivi. À cet égard, le fait que des entreprises bénéficiaires soient en difficulté ou en faillite n’affecte pas l’obligation de récupération de l’aide, l’État membre étant tenu, selon le cas, de provoquer la liquidation de la société (voir, notamment, arrêts du 15 janvier 1986, Commission/Belgique, 52/84, Rec. p. 89, point 14, ainsi que du 8 mai 2003, Italie et SIM 2 Multimedia/Commission, C‑328/99 et C‑399/00, Rec. p. I‑4035, point 69), de faire inscrire sa créance au passif de l’entreprise (voir, notamment, arrêts du 21 mars 1990, Belgique/Commission, dit «Tubemeuse», C-142/87, Rec. p. I-959, points 61 à 64, et Italie et SIM 2 Multimedia/Commission, précité, point 85) ou de prendre toute autre mesure permettant le remboursement de l’aide. | 0 |
10,881 | 30. However, the possibility of a Member State relying on a derogation laid down by the Treaty does not prevent judicial review of measures applying that derogation (Case 41/74 Van Duyn [1974] ECR 1337, paragraph 7). In addition, the concept of ‘public policy’ in the Community context, particularly as justification for a derogation from the fundamental principle of the freedom to provide services, must be interpreted strictly, so that its scope cannot be determined unilaterally by each Member State without any control by the Community institutions (see, by analogy with the free movement of workers, Van Duyn , paragraph 18; Case 30/77 Bouchereau [1977] ECR 1999, paragraph 33). Thus, public policy may be relied on only if there is a genuine and sufficiently serious threat to a fundamental interest of society (Case C-54/99 Église de Scientologie [2000] ECR I-1335, paragraph 17). | 74 In paragraph 189 of the contested judgment, the Court of First Instance stated that the Court of Justice, by its judgment of 15 June 1994, had annulled the PVC I decision on account of a procedural defect affecting only the manner in which it was finally adopted by the Commission. | 0 |
10,882 | 44. As regards, finally, the possibility that there is discrimination on the grounds of age within the meaning of Directive 2000/78, it should be recalled that, in proceedings under Article 234 EC, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia, Case C-45/09 Rosenbladt [2010] ECR I-0000, paragraph 32). | 20. La Cour a encore précisé que doivent être qualifiées de «restrictions» au sens de l’article 56, paragraphe 1, CE des mesures nationales qui sont susceptibles d’empêcher ou de limiter l’acquisition d’actions dans les entreprises concernées ou qui sont susceptibles de dissuader les investisseurs des autres États membres d’investir dans le capital de celles-ci (voir arrêts du 4 juin 2002, Commission/Portugal, C‑367/98, Rec. p. I‑4731, point 45; du 13 mai 2003, Commission/Espagne, C‑463/00, Rec. p. I‑4581, point 61; Commission/Italie, précité, points 30 et 31, ainsi que Commission/Allemagne, précité, point 19). | 0 |
10,883 | 16. It is settled case-law that an agreement of undertakings falls outside the prohibition in that provision, however, if it has only an insignificant effect on the market (Case 5/69 Völk v Vervaecke [1969] ECR 295, paragraph 7; Case C-7/95 P John Deere v Commission [1998] ECR I-3111, paragraph 77; Joined Cases C-215/96 and C-216/96 Bagnasco and Others [1999] ECR I-135, paragraph 34; and Case C-238/05 Asnef-Equifax and Administración del Estado [2006] ECR I-11125, paragraph 50). | 41. It is also to be observed that it is possible that a 30-year limitation rule arising from a provision of civil law may appear necessary and proportionate, in particular in the context of disputes between private persons, in light of the objective pursued by that rule and defined by the national legislature. | 0 |
10,884 | 89. In accordance with settled case-law, the national courts whose task it is to apply the provisions of Community law in areas within their jurisdiction must ensure that those rules take full effect and must protect the rights which they confer on individuals (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraph 16, Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19, and Courage and Crehan , cited above, paragraph 25). | 43. Ce n’est que si tous les autres composants de la marque sont négligeables que l’appréciation de la similitude pourra se faire sur la seule base de l’élément dominant (arrêts OHMI/Shaker, EU:C:2007:333, point 42, et Nestlé/OHMI, C‑193/06 P, EU:C:2007:539, point 42). | 0 |
10,885 | 92. In that context, the Court has interpreted Article 8 of the Framework Directive as placing on the Member States the obligation to ensure that the NRAs take all reasonable measures aimed at promoting competition in the provision of electronic communications services, ensuring that there is no distortion or restriction of competition in the electronic communications sector and removing remaining obstacles to the provision of those services at European level (see, Case C-380/05 Centro Europa 7 [2008] ECR I-349, paragraph 81, and Case C-227/07 Commission v Poland [2008] ECR I-0000, paragraph 63). | 68. It follows that the first supplemental agreement merely applied the stipulations of the basic agreement as regards keeping the indexation clause up to date. | 0 |
10,886 | 30
With regard to the concept of ‘employment conditions’ within the meaning of Clause 4(1) of the framework agreement, the Court has already held that the decisive criterion for determining whether a measure falls within the scope of that concept is, precisely, the criterion of employment, that is to say the employment relationship between a worker and his employer (judgments of 12 December 2013, Carratù, C‑361/12, EU:C:2013:830, paragraph 35; of 13 March 2014, Nierodzik, C‑38/13, EU:C:2014:152, paragraph 25; of 14 September 2016, de Diego Porras, C‑596/14, EU:C:2016:683, paragraph 26; and order of 9 February 2017, Rodrigo Sanz, C‑443/16, EU:C:2017:109, paragraph 32). | 33. On the other hand, other goods exist which do not possess an intrinsic shape and must be packaged in order to be marketed. The packaging chosen imposes its shape on the goods. In such circumstances, that packaging, for the purposes of examining an application for registration as a mark, must be assimilated to the shape of the product. That applies, for example, to goods manufactured, in particular, in the form of granules, powder or liquid which, because of their very nature, lack a shape of their own. | 0 |
10,887 | 42. Il y a lieu de relever, à cet égard, que les règles interdisant des restrictions à la liberté d’établissement énoncées à l’article 31 de l’accord EEE sont identiques à celles qu’impose l’article 49 TFUE. La Cour a ainsi précisé que, dans le domaine considéré, les règles édictées par l’accord EEE et celles qui le sont par le traité FUE doivent faire l’objet d’une interprétation uniforme (arrêt Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 24 et jurisprudence citée). | 89 This is so here a fortiori since the documents show that, as a matter of accounting, once the employer' s and the employees' contributions have been paid into the scheme, they are managed as a single fund and it is no longer possible to distinguish them. | 0 |
10,888 | 307. Thus, by virtue of that provision, supposing it to be applicable to the Charter of the United Nations, the latter would have primacy over acts of secondary Community law (see, to that effect, Case C‑308/06 Intertanko and Others [2008] ECR I‑0000, paragraph 42 and case-law cited). | 32. In this respect, it should be pointed out, first of all, that the concept of administrative costs is sufficiently wide to cover so-called ‘general’ administrative costs. | 0 |
10,889 | 50 It follows from the Court' s case-law that a breach is sufficiently serious if a Community institution or a Member State, in the exercise of its rule-making powers, manifestly and gravely disregards the limits on those powers (Brasserie du Pêcheur and Factortame, cited above, paragraph 55, and Dillenkofer and Others, cited above, paragraph 25). One of the factors that may be taken into consideration in this regard is the clarity and precision of the rule breached (Brasserie du Pêcheur and Factortame, cited above, paragraph 56, and British Telecommunications, cited above, paragraph 42). | 47. It is apparent from paragraphs 45 and 46 of the present judgment that the employment of a Turkish national under a residence permit which was issued to him as a result of fraudulent conduct which has led to a conviction or under a provisional residence permit which is valid only pending a final decision on his right of residence cannot give rise to any rights in favour of that national under Article 6(1) of Decision No 1/80. | 0 |
10,890 | 47. According to settled case-law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions and are, on that basis, prohibited by Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C‑110/05 Commission v Italy [2009] ECR I‑519, paragraph 33). | Par ailleurs, selon une jurisprudence constante, un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt
dont l’annulation est demandée ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande (voir,
notamment, arrêts France/Monsanto et Commission, C‑248/99 P, EU:C:2002:1, point 68, ainsi que Inuit Tapiriit Kanatami e.a./Parlement
et Conseil, C‑583/11 P, EU:C:2013:625, point 46). | 0 |
10,891 | 32
That having been established, it should be noted that it is that Court’s established case-law that, in interpreting a provision of EU law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it forms part (judgment of 16 July 2015, Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 35, and of 8 November 2016, Ognyanov, C‑554/14, EU:C:2016:835, paragraph 31). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,892 | 68. According to the Court’s settled case-law, although it is for Member States to take the appropriate measures to ensure their internal and external security, it does not follow that such measures are entirely outside the scope of Community law (see Case C‑273/97 Sirdar [1999] ECR I‑7403, paragraph 15, and Case C‑285/98 Kreil [2000] ECR I‑69, paragraph 15). As the Court has already held, the only articles in which the Treaty expressly provides for derogations applicable in situations which may affect public safety are Articles 30 EC, 39 EC, 46 EC, 58 EC, 64 EC, 296 EC and 297 EC, which deal with exceptional and clearly defined cases. It cannot be inferred that the Treaty contains an inherent general exception excluding all measures taken for reasons of public security from the scope of Community law. The recognition of the existence of such an exception, regardless of the specific requirements laid down by the Treaty, would be liable to impair the binding nature of Community law and its uniform application (see Case C‑186/01 Dory [2003] ECR I‑2479, paragraph 31, and case-law there cited). | 19. As is clear from the seventh recital in the preamble, the Directive lists in an exhaustive manner the grounds for refusal or invalidity of registration concerning the trade mark itself. | 0 |
10,893 | 35
The Court has consistently held that it follows from the need for a uniform application of EU law, and from the principle of equality, that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union (see, to that effect, judgments of 17 July 2008 in Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42, and of 24 May 2016 in Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 28). | 23. The Court inferred from this that facts such as imprudent conduct on the part of the travel organiser or the occurrence of exceptional or unforeseeable events cannot constitute an obstacle to the refund of money paid over or to the repatriation of consumers under Article 7 of Directive 90/314 (see Rechberger and Others , paragraphs 75 and 76). | 0 |
10,894 | 66
It follows therefrom that effective consumer protection could be achieved only if the national court were required, of its own motion, to examine compliance with the requirements which flow from EU law on consumer law (see, by analogy, judgment of 4 October 2007 in Rampion and Godard, C‑429/05, EU:C:2007:575, paragraph 61 and 65). | 23 QUE , DES LORS , CES DISPOSITIONS ENGENDRENT DIRECTEMENT DES DROITS DANS LE CHEF DES JUSTICIABLES ; | 0 |
10,895 | 23
Admittedly, the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties. However, the intended use of a product is a relevant criterion only where the classification cannot be made on the sole basis of the objective characteristics and properties of the product (judgment of 9 June 2016, MIS, C‑288/15, EU:C:2016:424, paragraph 24). | 73. Second, the Commission contends that by creating offences only for acts having the effect of harming or damaging the breeding sites or resting places of the species in question, without prohibiting their deterioration, the measures transposing the Habitats Directive introduce a condition, not provided for in Article 12(1)(d) thereof, linked to whether the harmful act is intentional. | 0 |
10,896 | 57. It must be borne in mind that, according to the very terms of the third paragraph of Article 161 EA, the Member States are entitled to choose the form and methods for implementing directives which best ensure the result to be achieved by the directives. It is clear from that provision that the transposition of a directive into national law does not necessarily require legislative action in each Member State. Thus, the Court has repeatedly held that it is not always necessary formally to enact the requirements of a directive in a specific express legal provision (see, to that effect, Case C-233/00 Commission v France [2003] ECR I-6625, paragraph 76, and Case C-296/01 Commission v France [2003] ECR I-0000, paragraph 55). | 44 In contrast, the condition of necessity will not be satisfied if replacement of the trade mark is explicable solely by the parallel importer's attempt to secure a commercial advantage. | 0 |
10,897 | 33
As to whether Article 67(3) of Regulation No 1408/71 complies with Article 15(2) of the Charter, it must be borne in mind that Article 52(2) of the Charter provides that rights recognised by the Charter for which provision is made in the treaties are to be exercised under the conditions and within the limits defined in the treaties. In that vein, Article 15(2) of the Charter reiterates inter alia the free movement of workers guaranteed by Article 45 TFEU, as the explanations relating to that provision confirm (OJ 2007, C 303, p. 17) (see judgment in Gardella, C‑233/12, EU:C:2013:449, paragraph 39). | 85. In that regard, it should be noted that the provisions of European Union law do not preclude the adoption of a policy for the protection and promotion of a language of a Member State which is both the national language and the first official language (see Case C‑379/87 Groener [1989] ECR 3967, paragraph 19). | 0 |
10,898 | 46. In this regard, it should be noted that that argument rests on the premiss that the adoption of emergency measures by the Commission requires proof of a quota actually being exceeded. However, that premiss is incorrect. Indeed, according to the very wording of Article 7(1) of Regulation No 2371/2002, the Commission may adopt such measures as soon as there is evidence of a ‘serious threat to the conservation of living aquatic resources or to the marine ecosystem resulting from fishing activities and requiring immediate intervention’ without having to wait for an allocated quota to be exceeded. As noted by the Court in paragraphs 63 to 65 of the judgment in AJD Tuna (EU:C:2011:153), various recitals of Regulation No 530/2008 include indications, the accuracy of which Mr Giordano did not dispute, which adequately demonstrate that such a serious threat existed here. | 34. The Court has also held that the first subparagraph of Article 2(1) of the Second Directive simply repeats that obligation, with respect to provisions or clauses in an insurance policy referred to in that article excluding from the cover provided by insurance against civil liability in respect of the use of motor vehicles, damage or injury suffered by third parties who have been victims of an accident caused by the use or driving of an insured vehicle by persons not authorised to drive the vehicle, persons not holding a driving licence, or persons in breach of the statutory technical requirements concerning the condition and safety of the vehicle ( Ruiz Bernáldez , paragraph 21; Candolin and Others , paragraph 19; and Carvalho Ferreira Santos , paragraph 30). | 0 |
10,899 | 22. First, in paragraph 37 of Werhof , the Court held that Article 3(1) of Directive 77/187 must be interpreted as not precluding, in a situation where the contract of employment refers to a collective agreement binding the transferor, that the transferee, who is not party to such an agreement, is not bound by collective agreements subsequent to the one which was in force at the time of the transfer of the business. | 39 However, in accordance with the principle of proportionality, the application of national rules to providers of services established in other Member States must be appropriate for securing attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (see, in particular, Säger, cited above, paragraph 15, and Arblade, cited above, paragraph 35). | 0 |
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