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10,900 | 47. According to the Commission, the decisive factor in that regard is the average consumer ' s perception and not an abstract assessment of characteristics which " differ from the norm or custom in the sector" , in the terms of the second question. If the latter are not decisive in themselves, they may nevertheless in certain cases influence the average consumer ' s perception. The Commission considers that the Court must apply the principles deriving from its case-law, in which it has already indicated to national courts that they must take into account the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see in particular Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraphs 30, 31 and 37).
Findings of the Court | 26. That situation must be distinguished from that where the issue would be whether losses sustained in another Member State could be used and would be linked, for that reason, to that other Member State’s power to impose taxes, and where the symmetry between the right to tax profits and the right to deduct losses would not be safeguarded. In a situation such as that in the main proceedings, where the issue is that of transferring to a resident company the losses sustained by a permanent establishment situated in the territory of the same Member State, the power of that Member State to tax the profits (if any) arising from the activity, in its territory, of the permanent establishment is not affected. | 0 |
10,901 | 103. As to those submissions, while it is clear that a penalty payment is likely to encourage the defaulting Member State to put an end as soon as possible to the breach that has been established (Case C-278/01 Commission v Spain , paragraph 42), it should be remembered that the Commission’s suggestions cannot bind the Court and are only a useful point of reference (Case C-387/97 Commission v Greece , paragraph 89). In exercising its discretion, it is for the Court to set the penalty payment so that it is appropriate to the circumstances and proportionate both to the breach that has been established and to the ability to pay of the Member State concerned (see, to this effect, Case C-387/97 Commission v Greece , paragraph 90, and Case C-278/01 Commission v Spain , paragraph 41). | 44. Consequently, it cannot be inferred from Article 6(1) of Directive 2000/78 that a lack of precision in the national legislation as regards the aims which may be considered legitimate under that provision automatically excludes the possibility that the legislation may be justified under that provision (see, to that effect, Palacios de la Villa , paragraph 56). | 0 |
10,902 | 27. It thus follows from settled case-law, in particular the judgments which the referring court asks the Court to interpret, that the proprietor of a trade mark may not legitimately oppose the further marketing of a pharmaceutical product bearing his trade mark which has been repackaged by an importer who has reaffixed the mark if
– it is shown that such opposition would contribute to artificial partitioning of the markets between Member States, in particular because the repackaging is necessary for marketing the product in the Member State of import;
– it is shown that the repackaging cannot affect the original condition of the product inside the packaging;
– the new packaging clearly indicates the repackager of the product and the name of the manufacturer;
– the presentation of the repackaged product is not liable to damage the reputation of the trade mark and its proprietor, which implies in particular that the packaging must not be defective, of poor quality, or untidy; and
– the importer gives notice to the proprietor of the trade mark before putting the repackaged product on sale, and supplies him, on request, with a specimen of the repackaged product (see, inter alia, Hoffmann-La Roche , paragraph 14; Bristol-Myers Squibb and Others , paragraph 79; MPA Pharma , paragraph 50; Boehringer Ingelheim and Others , paragraph 21; and Case C‑276/05 The Wellcome Foundation [2008] ECR I‑10479, paragraph 23). | 26 As Community law now stands, the provisions concerning patents have not yet been made the subject of harmonisation at Community level or of an approximation of laws. | 0 |
10,903 | 35. As stated in the order for reference, and as was also confirmed at the hearing before the Court, the activities in which ELPA engages are confined to the territory of Greece. However, the territory of a Member State may constitute a substantial part of the common market (see, to that effect, Case C‑260/89 ERT [1991] ECR I-2925, paragraph 31). It is for the referring court, however, to determine whether the criterion relating to similar or sufficiently homogeneous conditions of competition is satisfied in the main proceedings. | 65. However, that possibility is not capable of reconciling the national provision at issue in the main proceedings with the principle of proportionality. | 0 |
10,904 | null | 69. Under those circumstances Directive 93/104 precludes national legislation such as that at issue in the main proceedings, which treats as periods of rest periods of on-call duty during which the doctor is not actually required to perform any professional task and may rest but must be present and remain available at the place determined by the employer with a view to performance of those services if need be or when he is requested to intervene. | 0 |
10,905 | 39. Moreover, in accordance with the principle of fiscal neutrality on which, in particular, the common system of VAT established by the Sixth Directive is based, economic operators carrying out the same transactions may not be treated differently in relation to the levying of VAT (see Case C-382/02 Cimber Air [2004] ECR I‑8379, paragraphs 23 and 24). | 66
It is apparent from the file available to the Court that the shares of companies such as recognised cooperatives operating in the financial sector at issue in the main proceedings do not fall within that definition. As the Advocate General stated in point 40 of her Opinion, it appears that such shares are essentially participations in the own capital of the undertaking concerned, whereas the deposits referred to in Directive 94/19 are distinguished by the fact that they form part of the borrowed capital of a credit institution. | 0 |
10,906 | 28. It follows clearly from those provisions, which are stated in a mandatory manner, that the European Union legislature intended to require the awarding authority to examine the details of tenders which are abnormally low, and for that purpose obliges it to request the tenderer to furnish the necessary explanations to prove that those tenders are genuine (see, to that effect, Joined Cases C‑285/99 and C‑286/99 Lombardini and Mantovani [2001] ECR I‑9233, paragraphs 46 to 49). | 28. À cet égard, il convient de rappeler qu’il est de jurisprudence constante qu’un système de taxation ne peut être considéré comme compatible avec l’article 110 TFUE que s’il est établi qu’il est aménagé de façon à exclure, en toute hypothèse, que les produits importés soient taxés plus lourdement que les produits nationaux et, dès lors, qu’il ne comporte, en aucun cas, des effets discriminatoires (arrêt du 19 mars 2009, Commission/Finlande, C‑10/08, point 24 et jurisprudence citée). | 0 |
10,907 | 23. Consequently, in paragraph 34 of the judgment in Schumacker (C‑279/93, EU:C:1995:31), the Court held that the fact that a Member State does not grant to a non-resident certain tax advantages which it grants to a resident is not, as a rule, discriminatory, having regard to the objective differences between the situations of residents and non-residents, from the point of view both of the source of their income and of their personal ability to pay tax or their personal and family circumstances (see, also, judgment in Grünewald , C‑559/13, EU:C:2015:109, paragraph 26). | 32 Accordingly, the register may be regarded as a positive list within the meaning of Article 6 of the directive, with the result that it is appropriate to ascertain whether that provision was correctly transposed into Austrian law.
The period of 180 days within which the Federation has to decide on applications for inclusion on the register of medicinal products | 0 |
10,908 | 32. Those guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it (judgment in Wilson , EU:C:2006:587, paragraph 53 and the case-law cited). In order to consider the condition regarding the independence of the body making the reference as met, the case-law requires, inter alia, that dismissals of members of that body should be determined by express legislative provisions (judgment in D. and A. , C‑175/11, EU:C:2013:45, paragraph 97, and order in Pilato , C‑109/07, EU:C:2008:274, paragraph 24 and the case-law cited). | 47. Moreover, the obligation to appoint a tax representative is not an appropriate or necessary measure to deal with the ‘practical problem’ identified by the Portuguese Republic, which lies in the fact that it is impossible to have direct contact with non-resident taxpayers because of the physical distance between them and the administrative bodies concerned, which slows down the operation of those bodies. With modern communication methods, it is possible to oblige non-resident taxpayers to give an address in another Member State for all notifications from the Portuguese tax authorities. As the Commission points out, in cases where the physical presence of the taxpayer is essential, it is sufficient to give him the option of being represented by a tax representative, rather than imposing a general obligation. | 0 |
10,909 | 29. In order to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State, Directive 90/435 aims to avoid, in economic terms, double taxation of profits, in other words, to avoid taxation of distributed profits, first, in the hands of the subsidiary and, then, in the hands of the parent company (see, to that effect, Banque Fédérative du Crédit Mutuel , paragraphs 24 and 27). | 25 In that regard, the Commission set out its method of calculation in response to a written question put by the Court. Its reply shows that, according to the forward estimate for the 1993/94 wine year (OJ 1994 C 49, p. 12), overall Community production of table wine amounted to 98 610 000 hl, of which 91 365 000 hl were intended for winemaking. Table wine production, net of wine deliveries and losses, was assessed at 87 385 000 hl, while normal utilisation which, under Article 1 of Regulation No 441/88, is defined as the sum of the quantities intended for human consumption, industrial uses and export, minus the quantity of imported wine, was assessed at 79 807 000 hl. It follows that the total surplus for the wine year at issue amounted to 7 578 000 hl (87 385 000 hl - 79 807 000 hl = 7 578 000 hl). Taking into account the stocks at the start of the wine year of 46 886 000 hl and those at the end of the year assessed at 33 253 000 hl, surplus stocks amounted to 13 633 000 hl. The total surplus to be eliminated thus corresponded to the difference between the total quantities available (87 385 000 hl + 46 886 000 hl = 134 271 000 hl) and the total needs for the wine year (79 807 000 hl + 33 253 000 hl = 113 060 000 hl), that is to say 21 211 000 hl. | 0 |
10,910 | 39
To accept that persons who do not have a right of residence under Directive 2004/38 may claim entitlement to social assistance under the same conditions as those applicable to nationals of the host Member State would run counter to an objective of the directive, set out in recital 10 in its preamble, namely preventing Union citizens who are nationals of other Member States from becoming an unreasonable burden on the social assistance system of the host Member State (judgments in Dano, C‑333/13, EU:C:2014:2358, paragraph 74, and Alimanovic, C‑67/14, EU:C:2015:597, paragraph 50). | 44. However, the absence of any explicit indication to that effect does not in itself imply, irrespective of the wording of the provision concerned, that the Community legislature intended to require an obligation to guarantee rights to benefits in their entirety. | 0 |
10,911 | 18 However, it has also been consistently held since Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 26, that the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation are binding on all the authorities of Member States including, for matters within their jurisdiction, the courts. As follows from Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 8, and Case C-334/92 Wagner Miret v Fondo de Garantía Salarial [1993] ECR I-6911, paragraphs 20 and 21, in applying national law, in particular legislative provisions which, as in the present case, were specially introduced in order to implement the directive, the national court is required to interpret its national law, so far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the third paragraph of Article 189 of the Treaty. | La Cour a déjà eu l’occasion de préciser dans ce contexte que, pour être conforme au principe d’effectivité, le calcul des
intérêts afférents aux sommes perçues en violation du droit de l’Union, tels que ceux dont le paiement est réclamé dans l’affaire
au principal, doit être effectué de sorte qu’il soit tenu compte de la période d’indisponibilité des sommes indûment payées,
cette dernière allant de la date du paiement indu de la taxe en cause à la date de la restitution intégrale de celle-ci (voir,
en ce sens, arrêt du 18 avril 2013, Irimie, C‑565/11, EU:C:2013:250, points 27 et 28). | 0 |
10,912 | 34. In that connection, it should be recalled that, according to settled case-law, a national measure restricting the free movement of capital may be justified where it specifically targets wholly artificial arrangements which do not reflect economic reality and the sole purpose of which is to avoid the tax normally payable on the profits generated by activities carried out on the national territory (see, to that effect, Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 72 and 74, and Case C‑182/08 Glaxo Wellcome [2009] ECR I‑8591, paragraph 89). | 33 As regards the increase in sickness insurance contributions, however, the Austrian Government itself acknowledges that this was decided on in order to compensate for the reduction of the contributory financial transfers from pension insurance to the sickness insurance institutions, that reduction in turn being intended to reduce to a proper level the federal contribution to pension insurance so as to release the necessary resources for financing the new care allowance. The financing of that benefit was therefore made possible, without altering sickness, old-age and accident benefits, by means of increasing sickness insurance contributions. The link, albeit indirect, with sickness insurance contributions is all the stronger in that the abstraction of resources from sickness insurance is made from the contributory portion of receipts. Care allowance is therefore contributory in character. | 0 |
10,913 | 75. In that regard, it should be recalled that, although it is for the Member State relying on an overriding reason in the public interest as justification for a restriction on freedom of movement to demonstrate that its legislation is appropriate and necessary to attain the legitimate objective pursued, that burden of proof cannot be so extensive as to require the Member State to prove, positively, that no other conceivable measure could enable that objective to be attained under the same conditions (see, to that effect, Case C-110/05 Commission v Italy , paragraph 66). | 45. Article 78(1) of the Customs Code provides that the customs authorities ‘may’, on their own initiative or at the request of the declarant, amend the declaration, that is to say re-examine it. | 0 |
10,914 | 36
In those circumstances, it is the father of the applicant in the main proceedings whose situation relates to an economic freedom, in this case the freedom of movement for workers, and who, as a worker legally integrated in the labour market in Denmark, is therefore covered by Article 13 of Decision No 1/80 (see, to that effect, judgments in Savas, C‑37/98, EU:C:2000:224, paragraph 58, and Abatay and Others, C‑317/01 and C‑369/01, EU:C:2003:572, paragraphs 75 to 84). | Par ailleurs, il appartient à la Cour de constater si le manquement reproché existe ou non, même dans la mesure où l’État
concerné ne conteste pas le manquement (voir, notamment, arrêt Commission/Allemagne, C‑43/05, EU:C:2006:145, point 11). | 0 |
10,915 | 49
The Court has consistently held that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law and that the applicability of EU law entails applicability of the fundamental rights guaranteed by the Charter (see, to that effect, judgments of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraphs 19 to 21, and of 26 September 2013, Texdata Software, C‑418/11, EU:C:2013:588, paragraphs 72 and 73). | 20. That definition of the field of application of the fundamental rights of the European Union is borne out by the explanations relating to Article 51 of the Charter, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the purpose of interpreting it (see, to this effect, Case C-279/09 DEB [2010] ECR I-13849, paragraph 32). According to those explanations, ‘the requirement to respect fundamental rights defined in the context of the Union is only binding on the Member States when they act in the scope of Union law’. | 1 |
10,916 | 32. La Cour a notamment souligné que le risque de confusion est d’autant plus élevé que le caractère distinctif de la marque antérieure s’avère important [voir, à propos de la première directive 89/104/CEE du Conseil, du 21 décembre 1988, rapprochant les législations des États membres sur les marques (JO 1989, L 40, p. 1), arrêts du 11 novembre 1997, SABEL, C‑251/95, Rec. p. I‑6191, point 24, et du 22 juin 2000, Marca Mode, C‑425/98, Rec. p. I‑4861, point 38]. Ainsi, les marques qui ont un caractère distinctif élevé, soit intrinsèquement, soit en raison de la connaissance de celles-ci sur le marché, jouissent d’une protection plus étendue que celles dont le caractère distinctif est moindre (voir, à propos de la directive 89/104, arrêts du 22 juin 1999, Lloyd Schuhfabrik Meyer, C‑342/97, Rec. p. I‑3819, point 20, et Marca Mode, précité, point 41). | 42 It must be noted in that regard that an examination of the substance of the Commission's principal claim does not necessarily require the Court to take a view on the question whether the amendments made in 1995 transformed the pre-existing 1986 Agreement into a new agreement. | 0 |
10,917 | 64. The Court has consistently held (see, in particular, Case C-90/94 Haahr Petroleum [1997] ECR I-4085, paragraph 20, and Case C-213/96 Outokumpu [1998] ECR I-1777, paragraph 20) that any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a border, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect within the meaning of Articles 23 EC and 25 EC. However, such a charge may not be so characterised if it forms part of a general system of internal dues applying systematically to categories of products according to objective criteria applied without regard to the origin of the products, in which case it falls within the scope of Article 90 EC (see, to that effect, Nygård , paragraph 19). | 39. Furthermore, Directives 77/780, 89/299 and 89/646 impose on the national authorities a number of supervisory obligations vis-à-vis credit institutions. | 0 |
10,918 | 22
In that regard, it must be stated that it is clear from paragraphs 30 to 61 of the judgment of 7 June 2016 in Ghezelbash (C‑63/15) that Article 27(1) of Regulation No 604/2013, read in the light of recital 19 thereof, provides an asylum applicant with an effective remedy against a transfer decision made in respect of him, which may, inter alia, concern the examination of the application of that regulation and which may therefore result in a Member State’s responsibility being called into question, even where there are no systemic deficiencies in the asylum process or in the reception conditions for asylum applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union. | 49. In that regard, it must be borne in mind that the EC Treaty provides for different procedures according to whether aid is existing or new (see, to that effect, inter alia, Case C‑47/91 Italy v Commission [1992] ECR I‑4145, paragraphs 22 to 24, and Case C‑44/93 Namur-Les assurances du crédit [1994] ECR I‑3829, paragraphs 10 to 12). Whilst under Article 88(3) EC new aid must be notified to the Commission and may not be implemented until that procedure has led to a final decision, under Article 88(1) EC existing aid may be lawfully implemented so long as the Commission has made no finding of incompatibility (see, to that effect, inter alia, Case C‑387/92 Banco Exterior de España [1994] ECR I‑877, paragraph 20; Case C‑372/97 Italy v Commission [2004] ECR I‑3679, paragraph 42; Case C‑298/00 P Italy v Commission [2004] ECR I‑4087, paragraph 47; and also Case C‑322/09 P NDSHT v Commission [2010] ECR I‑11911, paragraph 52 and the case‑law cited). | 0 |
10,919 | 57. As stated by the Commission, tax legislation such as that at issue in the main proceedings, which grants certain undertakings exclusion from the obligation to pay the tax in question, constitutes State aid, even if it does not involve the transfer of State resources, since it involves the renunciation by the authorities concerned of tax revenue which they would normally have received ( Germany v Commission , paragraphs 26 to 28). | 27 The fact that investors then take independent decisions does not mean that the connection between the tax concession and the advantage given to the undertakings in question has been eliminated since, in economic terms, the alteration of the market conditions which gives rise to the advantage is the consequence of the public authorities' loss of tax revenue. | 1 |
10,920 | 26. Furthermore, it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, Case C-396/02 DFDS [2004] ECR I-8439, paragraph 27, and Case C-495/03 Intermodal Transports [2005] ECR I-0000, paragraph 47). | 42. Ainsi qu’il ressort de l’article 58 du statut de la Cour, les moyens du pourvoi doivent être fondés sur des arguments tirés de la procédure devant le Tribunal. En outre, selon l’article 113, paragraphe 2, du règlement de procédure, le pourvoi ne peut modifier l’objet du litige devant le Tribunal. Ainsi, la compétence de la Cour, dans le cadre du pourvoi, est limitée à l’appréciation de la solution juridique qui a été donnée aux moyens débattus devant les premiers juges. Une partie ne saurait donc modifier l’objet du litige en soulevant pour la première fois devant la Cour un moyen qu’elle aurait pu soulever devant le Tribunal mais qu’elle n’a pas soulevé, dès lors que cela reviendrait à lui permettre de saisir la Cour d’un litige plus étendu que celui dont a eu à connaître le Tribunal. Un tel moyen doit donc être considéré comme irrecevable au stade du pourvoi (voir arrêt du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, non encore publié au Recueil, point 35). | 0 |
10,921 | Cet article est violé lorsque l’imposition frappant le produit importé et celle frappant le produit national similaire sont
calculées de façon différente et suivant des modalités différentes aboutissant, ne fût-ce que dans certains cas, à une imposition
supérieure du produit importé (arrêts du 22 février 2001, Gomes Valente, C‑393/98, EU:C:2001:109, point 21 ; du 19 septembre
2002, Tulliasiamies et Siilin, C‑101/00, EU:C:2002:505, point 53, ainsi que du 20 septembre 2007, Commission/Grèce, C‑74/06,
EU:C:2007:534, point 25). | 40. As a rule, the substitution of a new contractual partner for the one to which the contracting authority had initially awarded the contract must be regarded as constituting a change to one of the essential terms of the public contract in question, unless that substitution was provided for in the terms of the initial contract, such as, by way of example, provision for sub-contracting. | 0 |
10,922 | 28. Thus it is apparent from the case-law of the Court that the objective of reducing the cost of medical care and making that care more accessible to individuals is common to both the exemption provided for in Article 13A(1)(b) of the Sixth Directive and that in letter (c) of the same provision (see Case C‑76/99 Commission v France [2001] ECR I‑249, paragraph 23; Kügler , paragraph 29; and Dornier , paragraph 43). It must also be borne in mind that the principle of fiscal neutrality precludes, inter alia, economic operators carrying on the same activities from being treated differently as far as the levying of VAT is concerned (see Kügler , paragraph 30, and Dornier , paragraph 44). | 31. In the main proceedings, since Mr Eind is a Netherlands national, his right to reside in the territory of the Netherlands cannot be refused or made conditional. | 0 |
10,923 | 28. The supply of goods or services can be regarded as ‘closely related’ to education, and thus subject to the same tax treatment under Article 13A(1)(i) of the Sixth Directive, only where they are actually supplied as services ancillary to the education which constitutes the principal service (see, by analogy, Case C‑76/99 Commission v France [2001] ECR I‑249, paragraphs 27 to 30; Dornier , paragraphs 34 and 35; and also Ygeia , paragraphs 17 and 18). | 16IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT , ALTHOUGH ARTICLE 60 ( 2 ) OF THE ACT OF ACCESSION UNQUESTIONABLY CONSTITUTES A DEROGATION FROM THE RULE LAID DOWN IN ARTICLE 42 , IT CANNOT BE REGARDED AS BEING IN ADDITION A ' ' SPECIAL PROVISION ' ' WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF THAT ACT . SINCE ARTICLE 9 ( 2 ) LAYS DOWN AS A PRINCIPLE OF THE ACT OF ACCESSION THAT ' ' THE APPLICATION OF THE TRANSITIONAL MEASURES SHALL TERMINATE AT THE END OF 1977 ' ' , THE RESERVATION WHICH IT MAKES CANNOT BE GIVEN A BROAD INTERPRETATION . ON THE CONTRARY , THAT RESERVATION IS TO BE INTERPRETED AS RELATING ONLY TO SPECIAL PROVISIONS WHICH ARE CLEARLY DELIMITED AND DETERMINED IN TIME AND NOT TO A PROVISION , SUCH AS ARTICLE 60 ( 2 ), WHICH REFERS TO AN UNCERTAIN FUTURE EVENT .
| 0 |
10,924 | 85. As the Court of First Instance stated in paragraph 158 of the judgment under appeal, the principle of proportionality, which is one of the general principles of Community law, requires that measures adopted by Community institutions do not exceed the limits of what is appropriate and necessary in order to attain the legitimate objectives pursued by the legislation in question; when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (Case C-331/88 Fedesa and Others [1990] ECR I‑4023, paragraph 13; Joined Cases C-133/93, C-300/93 and C-362/93 Crispoltoni and Others [1994] ECR I-4863, paragraph 41; Antillean Rice Mills , paragraph 52; and Case C-189/01 Jippes and Others [2001] ECR I‑5689, paragraph 81). | 46. Furthermore, inasmuch as it imposes on Member States the obligation not to impose taxation under the directive on ‘energy products and electricity used to produce electricity and electricity used to maintain the ability to produce electricity’, Article 14(1)(a) of Directive 2003/96 defines clearly the products covered by the exemption (see, to that effect, judgment in Flughafen Köln/Bonn , C‑226/07, EU:C:2008:429, paragraph 29). | 0 |
10,925 | 89. Article 12 EC, which prohibits any discrimination on grounds of nationality, is a specific expression of the general principle of equality, which itself is one of the fundamental principles of Community law (see, to that effect, inter alia, Case 810/79 Überschär [1980] ECR 2747, paragraph 16, and Case C‑224/00 Commission v Italy [2002] ECR I‑2965, paragraph 14). | 24 Secondly, in order to determine whether those conditions are met, it is necessary to consider all the facts characterizing the transaction in question, including the type of undertaking or business, whether or not the business' s tangible assets, such as buildings and movable property, are transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of its employees are taken over by the new employer, whether or not its customers are transferred and the degree of similarity between the activities carried on before and after the transfer and the period, if any, for which those activities were suspended. It should be noted, however, that all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (judgment in Spijkers, cited above, paragraph 13). | 0 |
10,926 | 74
The review of legality is supplemented by the unlimited jurisdiction conferred on the Courts of the Union by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the Courts, beyond carrying out a mere review of legality with regard to the penalty, to substitute their own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (see, inter alia, judgment of 8 December 2011, Chalkor v Commission, C‑386/10 P, EU:C:2011:815, paragraph 63). | 42. À cet égard, il convient de rappeler que, selon la jurisprudence de la Cour relative à l’interprétation de l’article 27 du règlement nº 44/2001, une demande qui tend à faire juger que le défendeur est responsable d’un préjudice et à le faire condamner à des dommages et intérêts, telle que l’action récursoire en cause au principal, a la même cause et le même objet qu’une action antérieure en constatation négative de ce défendeur tendant à faire juger qu’il n’est pas responsable dudit préjudice (voir, en ce sens, arrêts Tatry, précité, point 45, ainsi que du 25 octobre 2012, Folien Fischer et Fofitec, C‑133/11, point 49). | 0 |
10,927 | 51. According to the case-law of the Court, although it is for the national court to determine whether national measures are compatible with European Union law, in the present case with the principle of effectiveness (see, by analogy, Case C-188/09 Profaktor Kulesza, Frankowski, Jóźwiak Orłowski [2010] ECR I-7639, paragraph 30), it is however for the Court to provide it with any helpful guidance to resolve the dispute before it (see, to that effect, Case C-267/99 Adam [2001] ECR I-7467, paragraph 39, and Eon Aset Menidjmunt , paragraph 49). | 26 Consequently, the imposition of such a condition, which specifically affects companies or firms having their seat in another Member State, is in principle prohibited by Article 52 of the Treaty. It could only be otherwise if the measure pursued a legitimate aim compatible with the Treaty and were justified by pressing reasons of public interest. Even if that were so, it would still have to be of such a nature as to ensure achievement of the aim in question and not go beyond what was necessary for that purpose (see, to this effect, the judgments in Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37; in Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32; and in Case C-415/93 Bosman [1995] ECR I-4921, paragraph 104). | 0 |
10,928 | 23 It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission. The subject-matter of an action brought under Article 169 of the Treaty is, therefore, delimited by the pre-litigation procedure provided for by that article. Accordingly, the action cannot be founded on any objections other than those stated in the pre-litigation procedure (see, to that effect, Case 51/83 Commission v Italy [1984] ECR 2793, paragraph 4, Case C-206/96 Commission v Luxembourg [1998] ECR I-3401, paragraph 13, and Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraph 51). | 84 It follows that a sectoral pension fund of the kind at issue in the main proceedings engages in an economic activity in competition with insurance companies. | 0 |
10,929 | 25
As regards the rules on State aid, it is settled case-law that classification of a national measure as ‘State aid’ requires all the following conditions to be fulfilled. First, there must be an intervention by the State or through State resources. Second, the intervention must be liable to affect trade between the Member States. Third, it must confer a selective advantage on the recipient. Fourth, it must distort or threaten to distort competition (judgments of 21 December 2016, Commission v Hansestadt Lübeck, C‑524/14 P, EU:C:2016:971, paragraph 40, and of 21 December 2016, Commission v World Duty Free Group and Others, C‑20/15 P and C‑21/15 P, EU:C:2016:981, paragraph 53 and the case-law cited). | 85. S’agissant de l’argument soulevé par la Commission selon lequel la demande formulée par les requérants au stade de l’audience de première instance aurait été tardive, il suffit de rappeler que, aux termes de l’article 64, paragraphes 3, sous d), et 4, du règlement de procédure du Tribunal, les mesures d’organisation de la procédure peuvent être proposées par les parties à tout stade de la procédure et peuvent consister à demander la production de documents ou de toute pièce relative à l’affaire (arrêt du 17 décembre 1998, Baustahlgewebe/Commission, C‑185/95 P, Rec. p. I-8417, point 92). | 0 |
10,930 | 20. Regarding the aim of differentiated export refunds, it is settled case-law that they are intended to gain and maintain access for European Union exports to the markets of the non-member countries concerned and the differentiation in the refund is based on the desire to take account of the particular characteristics of each import market in which the European Union wishes to play a part (see Case C‑218/09 SGS Belgium and Others [2010] ECR I‑2373, paragraph 38 and the case-law cited). | 41. It follows that the rules laid down in the Vienna Convention apply to an agreement concluded between a State and an international organisation, such as the EC-Israel Association Agreement, in so far as the rules are an expression of general international customary law. Consequently, the EC-Israel Association Agreement must be interpreted in accordance with those rules. | 0 |
10,931 | 66. Although it is true that, as a general rule, neither criminal law nor the rules of criminal procedure fall within the Community’s competence (see, to that effect, Case 203/80 Casati [1981] ECR 2595, paragraph 27; Case C‑226/97 Lemmens [1998] ECR I‑3711, paragraph 19; and Case C‑176/03 Commission v Council , paragraph 47), the fact remains that when the application of effective, proportionate and dissuasive criminal penalties by the competent national authorities is an essential measure for combating serious environmental offences, the Community legislature may require the Member States to introduce such penalties in order to ensure that the rules which it lays down in that field are fully effective (see, to that effect, Case C‑176/03 Commission v Council , paragraph 48). | 34 If these claims were allowed the applicant would obtain exactly the same result as he would have obtained from promotion to Grade B 1 in the 1987 financial year . However, the applicant did not challenge in due time the 1987 promotion decisions in order to show that he was unlawfully passed over . | 0 |
10,932 | 28. Nevertheless, it is necessary to consider whether those restrictions are justified – as the Finanzamt and the German Government maintain – and may thus be accepted on condition that they are appropriate for securing the attainment of the objective pursued and do not go beyond what is necessary in order to attain it (see, to that effect, Case C‑451/05 ELISA [2007] ECR I‑8251, paragraph 79; Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraph 26; and Case C‑110/05 Commission v Italy [2009] ECR I‑0000, paragraph 59). | 41. Il importe, d’emblée, de rappeler que, en vertu d’une jurisprudence constante, en l’absence de mesures d’unification ou d’harmonisation adoptées par l’Union, les États membres demeurent compétents pour déterminer les critères d’imposition des revenus et de la fortune en vue d’éliminer, le cas échéant par voie conventionnelle, les doubles impositions. Dans ce contexte, les États membres sont libres, dans le cadre de conventions bilatérales tendant à éviter les doubles impositions, de fixer les facteurs de rattachement aux fins de la répartition de la compétence fiscale (voir, notamment, arrêts de Groot, précité, point 93; du 16 octobre 2008, Renneberg, C-527/06, Rec. p. I‑7735, point 48, et du 28 février 2013, Beker, C‑168/11, point 32). | 0 |
10,933 | 56. Article 6(3) provides for an assessment procedure intended to ensure, by means of a prior examination, that a plan or project which is not directly connected with or necessary to the management of the site concerned but likely to have a significant effect on it is authorised only to the extent that it will not adversely affect the integrity of that site (see Case C‑127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I‑7405 (‘ Waddenzee ’), paragraph 34, and Case C‑239/04 Commission v Portugal [2006] ECR I‑10183 (‘ Castro Verde ’), paragraph 19). | 27 If the result prescribed by the directive cannot be achieved by way of interpretation, it should also be borne in mind that, in terms of the judgment in Joined Cases C-6/90 and C-9/90 Francovich and Others v Italy [1991] ECR I-5357, paragraph 39, Community law requires the Member States to make good damage caused to individuals through failure to transpose a directive, provided that three conditions are fulfilled. First, the purpose of the directive must be to grant rights to individuals. Second, it must be possible to identify the content of those rights on the basis of the provisions of the directive. Finally, there must be a causal link between the breach of the State' s obligation and the damage suffered. | 0 |
10,934 | 45. As regards the principle of the protection of legitimate expectations, it must be recalled that, in the field of the common agricultural policy, economic operators are not justified in having a legitimate expectation that an existing situation which is capable of being altered by the competent authorities in the exercise of their discretionary power will be maintained ( JK Otsa Talu , paragraph 51). It follows from this that the making of investments in production capacity or the purchase of land does not entitle the producer concerned to entertain any legitimate expectation based on the making of those investments in order to claim a reference amount allocated precisely on account of those investments (see, to that effect, Spronk , paragraph 29). | Ainsi, le fait que la Commission, dans le passé, a imposé des amendes se situant à un niveau déterminé pour certaines catégories
d’infractions ne saurait l’empêcher d’en fixer de nouvelles à un niveau plus élevé, si un relèvement des sanctions est jugé
nécessaire afin d’assurer la mise en œuvre de la politique de concurrence de l’Union, celle-ci restant uniquement définie
par le règlement n° 1/2003 (arrêt du 10 juillet 2014, Telefónica et Telefónica de España/Commission, C‑295/12 P, EU:C:2014:2062,
point 190 ainsi que jurisprudence citée). | 0 |
10,935 | 50. That outcome is not called into question by the fact that, in certain exceptional cases, the Court has accepted that, having regard to the specific characteristics of the sectors in question, differences in the regulatory framework or the legal regime governing the supplies of goods or services at issue, such as whether or not a drug is reimbursable or whether or not the supplier of a service is subject to an obligation to provide a universal service, may create a distinction in the eyes of the consumer, in terms of the satisfaction of his own needs (Case C-481/98 Commission v France , paragraph 27, and Case C-357/07 TNT Post UK [2009] ECR I-3025, paragraphs 38, 39 and 45). | 42. Next, it must be observed that the word ‘autonomy’, according to its usual meaning in everyday language, describes the right of self‑government. | 0 |
10,936 | 15 As the Court has held, a programme of regional aid may fall within one of the derogations in Article 92(3)(a) and (c). In that respect the use of the words `abnormally' and `serious' in the derogation contained in Article 92(3)(a) shows that it concerns only areas where the economic situation is extremely unfavourable in relation to the Community as a whole. The derogation in Article 92(3)(c), on the other hand, is wider in scope inasmuch as it permits the development of certain areas in a Member State which are less favoured in relation to the national average without being restricted by the economic conditions laid down in Article 92(3)(a), provided such aid `does not adversely affect trading conditions to an extent contrary to the common interest' (see Case 248/84 Germany v Commission [1987] ECR 4013, paragraph 19). | 37. The fact that the contracting authority holds, alone or together with other public authorities, all of the share capital in a successful tenderer tends to indicate, without being decisive, that that contracting authority exercises over that company a control similar to that which it exercises over its own departments, as contemplated in paragraph 50 of Teckal . | 0 |
10,937 | 41. In fact, where EU legislation does not make specific provision for a penalty in cases of infringement, or where such legislation provides that certain penalties may be imposed for infringement of EU law but does not exhaustively list the penalties that the Member States may impose, Article 4(3) TEU requires the Member States to take all effective measures to penalise conduct detrimental to the financial interests of the EU (see, to that effect, Case 68/88 Commission v Greece [1989] ECR I‑2965, paragraph 23, and Case C‑186/98 Nunes and de Matos [1999] ECR I‑4883, paragraphs 12 and 14). | 100. En effet, premièrement, conformément à la jurisprudence rappelée au point 90 du présent arrêt, le Tribunal a bien analysé la gravité de l’infraction telle qu’elle avait été commise par Gosselin ainsi que la pertinence, aux fins de l’octroi éventuel du bénéfice de circonstances atténuantes, du comportement individuellement adopté par celle-ci dans l’entente. Il convient, en particulier, de relever à cet égard que, tout en constatant, au point 182 de l’arrêt attaqué, que le point 29 des lignes directrices pour le calcul des amendes ne prévoyait pas expressément que le comportement dont cette société se prévalait puisse constituer une circonstance atténuante, le Tribunal a cependant apprécié si les circonstances particulières de l’espèce n’appelaient pas néanmoins une réduction de l’amende infligée à cette dernière, se conformant ainsi pleinement à la jurisprudence susmentionnée. | 0 |
10,938 | 34 However, in Twijnstra the general principle that a reference quantity is attached to the land, as expressed in particular in Case C-463/93 St. Martinus Elten [1997] ECR I-255, paragraph 14, was formulated in relation only to the transfer of part of a holding all of which was given over to dairy production. Accordingly that judgment did not deal with the case, such as that in point in the main proceedings, where part of a mixed holding is transferred. | 21. Lors de l’examen desdites conditions, il convient de vérifier, en premier lieu, si la modification litigieuse satisfait à la condition mentionnée à l’article 30, paragraphe 4, premier alinéa, sous b), du règlement n o 1260/1999, qui exige que celle-ci résulte soit d’un changement dans la nature de la propriété d’une infrastructure, soit de l’arrêt ou du changement de localisation d’une activité productive. En effet, lors de la vérification de cette condition, il convient d’apprécier les éléments qui sont à l’origine de la modification litigieuse et constituent ainsi les causes de cette modification. | 0 |
10,939 | 111 Finally, it has been settled case-law since the judgment in Francovich and Others, cited above (paragraphs 41 to 43), that, subject to the existence of a right to obtain reparation which is founded directly on Community law where the three conditions mentioned above are met, it is on the basis of rules of national law on liability that the State must make reparation for the consequences of the loss and damage caused, with the proviso that the conditions for reparation of loss and damage laid down by the national legislation must not be less favourable than those relating to similar domestic claims and must not be so framed as to make it in practice impossible or excessively difficult to obtain reparation. | 36. In that regard, the Court stated, at paragraph 26 of that judgment, that non‑economic activities do not fall within the scope of the directive, specifying, at paragraph 28 thereof, that the deductions scheme laid down by the directive relates to all economic activities of a taxable person, whatever their purpose or results, provided that they are, in principle, themselves subject to VAT. | 0 |
10,940 | 49. The Court concluded that Article 13(2)(a) of Regulation No 1408/71 must be interpreted as meaning that a person covered by that regulation who is employed part-time in the territory of a Member State is subject to the legislation of that State both on the days on which he pursues that activity and on the days on which he does not (judgment Kits van Heijningen , C‑2/89, EU:C:1990:183, paragraph 15). | 15 Consequently, the reply to the second question must be that Article 13(2)(a ) of Regulation No 1408/71 must be interpreted as meaning that a person covered by that regulation who is employed part-time in the territory of a Member State is subject to the legislation of that State both on the days on which he pursues that activity and on the days on which he does not .
Question 3 | 1 |
10,941 | 151. In its third head of complaint, the appellant essentially disputes the proportionate nature of the amount of the fine fixed by the Court of First Instance in the light of the findings which it had made, which led it to reject two of the Commission ' s complaints, and of the gravity and duration of the infringement. However, it is not for the Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law. The Court cannot therefore, at the appeal stage, examine whether the amount of the fine fixed by the Court of First Instance, in the exercise of its unlimited jurisdiction, is proportionate in relation to the gravity and duration of the infringement as established by the Court of First Instance on completion of its appraisal of the facts (Joined Cases C-238/99 P, C-244/99 P, C-245/99 P, C-247/99 P, C-250/99 P, C-251/99 P, C-252/99 P and C-254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I-8375, paragraphs 611 to 614). In any event, it does not appear that the reasoning set out in paragraph 347 of the judgment under appeal was unreasonable or contradictory. | 72. Thus, if the Commission decides to refuse access to a document which it has been asked to disclose, it must, in principle, explain how disclosure of that document could specifically and effectively undermine the interest protected by the exception – among those provided for in Article 4 of Regulation No 1049/2001 – upon which it is relying (see, to that effect, Sweden and Turco v Council , paragraph 49, and Commission v Technische Glaswerke Ilmenau , paragraph 53). | 0 |
10,942 | 75. As regards the first part of the fourth ground of appeal, it is settled case-law that, in order to assess whether a mark has acquired distinctive character following the use which has been made of it, the following may also be taken into account: the market share held by the mark; how intensive, geographically widespread and long-standing use of the mark has been; the amount invested by the undertaking in promoting the mark; the proportion of the relevant class of persons who, because of the mark, identify goods as originating from a particular undertaking; and statements from chambers of commerce and industry or other trade and professional associations (see, to that effect, in relation to Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), a provision which is identical, in substance, to Article 7(3) of Regulation No 40/94, and Joined Cases C-108/97 and C-109/97 Windsurfing Chiemsee [1999] ECR I-2779, paragraph 51, Case C-299/99 Philips [2002] ECR I-5475, paragraph 60, and Case C-353/03 Nestlé [2005] ECR I-6135, paragraph 31). | 25. It is common ground that in the case in the main proceedings PPG acquired the services in question for the purpose of the administration of its employees’ pensions and the management of the assets of the pension fund set up to safeguard those pensions. By setting up the fund, PPG complied with a legal obligation imposed on it as an employer, and, in so far as the costs of the services acquired by PPG in that connection form part of its general costs, which is for the referring court to verify, they are, as such, component parts of the price of PPG’s products (see, to that effect, Case C‑465/03 Kretztechnik [2005] ECR I‑4357, paragraph 36). | 0 |
10,943 | 57. Admittedly, the requirement that the subject-matter of proceedings brought under Articles 226 EC and 228(2) EC be circumscribed by the pre-litigation procedure provided for by those provisions cannot be stretched so far as to mean that in every case the complaints set out in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings has not been extended or altered (see, inter alia, regarding the application of Article 226 EC, Case C-147/03 Commission v Austria [2005] ECR I‑5969, para graph 24, and Case C-33/04 Commission v Luxembourg [2005] ECR I-10629, paragraph 37; and, as regards the application of Article 228(2) EC, Case C-177/04 Commission v France , paragraph 37). | 22. It is all the more so in the event of infringement of a right directly conferred by a Community provision upon which individuals are entitled to rely before the national courts. In that event, the right to reparation is the necessary corollary of the direct effect of the Community provision whose breach caused the damage sustained. | 0 |
10,944 | 76. Third, as regards the aid granted to professional transport companies in an amount less than the de minimis threshold, it must be recalled that when aid is granted to entities operating in a sector to which the de minimis rule does not apply, and when that sector is characterised by strong competition, aid of relatively little importance can affect competition and trade between Member States (Case 259/85 France v Commission [1987] ECR 4393, paragraph 24, Italy v Commission , paragraph 27, and Spain v Commission , paragraph 63). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,945 | 25. In that regard, it is sufficient to observe that, as is apparent from the actual wording of the fourth paragraph of Article 230 EC and from settled case-law, a natural or legal person is entitled to bring an action for annulment of a measure which is not a decision addressed to it only if the person is not only directly concerned by the measure but also individually concerned by it (see, inter alia, Piraiki-Patraiki and Others v Commission, paragraph 5), with the result that the provision cannot be interpreted so as to have the effect of setting aside that condition, which is expressly laid down in the Treaty, without going beyond the jurisdiction conferred by the Treaty on the Community Courts (see, in particular, Case C‑50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I‑6677, paragraph 44). | 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 |
10,946 | 35. Health protection, the control of epizootic diseases and the welfare of animals, objectives which overlap, constitute legitimate objectives in the public interest pursued by European Union legislation, as well as the completion in the sector concerned of the agricultural internal market (see, to that effect, as regards health protection, Case C-269/97 Commission v Council [2000] ECR I-2257, paragraph 48, and Joined Cases C-20/00 and C-64/00 Booker Aquaculture and Hydro Seafood [2003] ECR I‑7411, paragraph 78, and, as regards the welfare of the animals, Joined Cases C‑37/06 and C‑58/06 Viamex Agrar Handel and ZVK [2008] ECR I‑69, paragraph 22, and Case C‑219/07 Nationale Raad van Dierenkwekers en Liefhebbers and Andibel [2008] ECR I‑4475, paragraph 27). | 29 The Court did, admittedly, accept that that criterion cannot be regarded as exclusive, inasmuch as pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune, paragraph 44). | 0 |
10,947 | 12 Furthermore, it must be recalled that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26). | 54. As is apparent from a reading of Article 3 in conjunction with Article 6 of that directive, the right mentioned in Article 1 of the directive concerns at least two separate rights. | 0 |
10,948 | 37. According to well-established case-law, discrimination is defined as treating differently situations which are identical, or as treating in the same way situations which are different (see Case C‑279/93 Schumacker [1995] ECR I‑225, paragraph 30; Case C‑80/94 Wielockx [1995] ECR I‑2493, paragraph 17; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 46). | 41 It follows that a Member State may, without infringing Article 86 of the Treaty, grant exclusive rights for the supply of mooring services in its ports to local mooring groups provided those groups do not abuse their dominant position or are not led necessarily to commit such an abuse. | 0 |
10,949 | 44. The Community legislature has nevertheless made reliance by the Member States on such grounds subject to strict limits. Article 3(1) of Directive 64/221 states that measures taken on grounds of public policy or public security are to be based exclusively on the personal conduct of the individual concerned. Article 3(2) states that previous criminal convictions are not in themselves to constitute grounds for the taking of such measures. The existence of a previous criminal conviction can, therefore, only be taken into account in so far as the circumstances which gave rise to that conviction are evidence of personal conduct constituting a present threat to the requirements of public policy ( Bouchereau , paragraph 28, and Case C-348/96 Calfa [1999] ECR I-11, paragraph 24). | 42. Where there has been no prior publication of a contract notice, such a limitation period of six months is likely not to enable a person harmed to gather the necessary information with a view to a possible action, thus preventing that action from being brought. | 0 |
10,950 | 31 According to Article 176 of the Treaty, the institution whose act has been declared void is required to take the measures necessary to comply with the judgment of the Court. As the Court held in its judgment in Joined Case 97/86, 193/86, 99/86 and 215/86 Asteris and Others v Commission [1988] ECR 2181, paragraph 27, in order to comply with the judgment and to implement it fully, the institution is required to have regard not only to the operative part of the judgment but also to the grounds which led to the judgment and constitute its essential basis, in so far as they are necessary to determine the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be illegal and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the annulled measure. The procedure for replacing such a measure may thus be resumed at the very point at which the illegality occurred (see the judgment in Case 34/86 Council v Parliament [1986] ECR 2155, paragraph 47). | 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 |
10,951 | 76. According to the Court’s settled case-law, the principle of the protection of legitimate expectations is among the fundamental principles of EU law and any economic operator whom an institution has, by giving him precise insurances, caused to entertain justified expectations may rely on that principle (see, to that effect, Case C‑369/09 P ISD Polska and Others v Commission [2011] ECR I‑2011, paragraphs 122 and 123, and Case C‑335/09 P Poland v Commission [2012] ECR I‑0000, paragraph 180). | 60. The purpose of preserving the effects of an annulled legal act is, however, not to allow a legal vacuum to subsist until the annulled act has been replaced by a new act. That objective can be attained only if the annulled legal act continues to produce effects until the new act does so. Since Directive 1999/62 had no effect until the date it entered into force, the judgment in Parliament v Council must be understood to mean that the effects of Directive 83/89 were to be preserved until the entry into force of Directive 1999/62, that is to say, 20 July 1999 in accordance with its Article 13. Directive 93/89 continued therefore to produce effects until midnight 19 July 1999. | 0 |
10,952 | 23. The right to family reunification under Article 10 of Regulation No 1612/68 does not entail for members of the families of migrant workers any autonomous right to free movement, since that provision benefits the migrant worker whose family includes a national of a third country (see, in respect of Article 11 of Regulation No 1612/68, Case C‑10/05 Mattern and Cikotic [2006] ECR I-3145, paragraph 25). | 59
In any event, it should be noted that the Court has already held that practical difficulties cannot of themselves justify the infringement of a fundamental freedom guaranteed by the Treaty (judgment of 1 July 2010 in Dijkman and Dijkman-Lavaleije, C‑233/09, EU:C:2010:397, paragraph 60 and the case-law cited). | 0 |
10,953 | 57. Consequently, that right of veto, in so far as it confers on the Portuguese State an influence over the management and control of GALP which is not justified by the size of its shareholding in that company, is liable to discourage traders from other Member States from making direct investments in GALP’s share capital since it would not be possible for them to be involved in the management and control of that company in proportion to the value of their shareholdings (see, inter alia, Case C‑112/05 Commission v Germany , paragraphs 50 to 52; Case C‑171/08 Commission v Portugal , paragraph 60; and Case C‑543/08 Commission v Portugal , paragraph 56). | 31 The answer to the fourth question is therefore that Article 9(1) of Regulation No 714/89, in so far as it provides that no premium may be paid in the event of failure, even in part, to comply with the time-limit provided for in Article 11(2), is not contrary to the principle of proportionality. | 0 |
10,954 | 27
By contrast, the principle that abusive practices are prohibited, as applied in the sphere of VAT by the case-law stemming from the judgment in Halifax, is not a rule established by a directive, but is based on the settled case-law, cited in paragraphs 68 and 69 of that judgment, that, first, EU law cannot be relied on for abusive or fraudulent ends (see, inter alia, judgments of 12 May 1998, Kefalas and Others, C‑367/96, EU:C:1998:222, paragraph 20; of 23 March 2000, Diamantis, C‑373/97, EU:C:2000:150, paragraph 33; and of 3 March 2005, Fini H, C‑32/03, EU:C:2005:128, paragraph 32) and, secondly, the application of EU legislation cannot be extended to cover abusive practices by economic operators (see to that effect, inter alia, judgments of 11 October 1977, Cremer, 125/76, EU:C:1977:148, paragraph 21; of 3 March 1993, General Milk Products, C‑8/92, EU:C:1993:82, paragraph 21; and of 14 December 2000, Emsland-Stärke, C‑110/99, EU:C:2000:695, paragraph 51). | De surcroît, les lignes directrices de 2006 ne constituent pas la base légale pour la fixation du montant de l’amende et ne
font que préciser l’application de l’article 23, paragraphe 2, du règlement n° 1/2003. Il s’ensuit que, même en l’absence
des lignes directrices de 2006, les requérantes auraient toujours été en mesure de prévoir les conséquences juridiques de
leur comportement et, notamment, l’imposition d’une amende fixée à un niveau visant à assurer son caractère dissuasif (voir,
par analogie, en ce qui concerne les lignes directrices de 1998, arrêt du 8 février 2007, Groupe Danone/Commission, C‑3/06
P, EU:C:2007:88, point 28 et jurisprudence citée). | 0 |
10,955 | 32. Whereas, in situations where performance of the contract follows its normal course, the deposit is applied towards the price of the services supplied by the hotelier and is therefore subject to VAT, the retention of the deposit at issue in the main proceedings is, by contrast, triggered by the client’s exercise of the cancellation option made available to him and serves to compensate the hotelier following the cancellation. Such compensation does not constitute the fee for a service and forms no part of the taxable amount for VAT purposes (see, to that effect, as regards interest applied on account of late payment, Case 222/81 BAZ Bausystem [1982] ECR 2527, paragraphs 8 to 11). | 77 In any event, the obligations to retain social documents within the territory of the host Member State for a period of five years and to retain them at the address of a natural person, as opposed to a legal person, cannot be justified. | 0 |
10,956 | 73. Such a procedure must be accessible in the sense that it must be expressly mentioned in a measure of general application which is binding on the authorities concerned. It must be capable of being completed within a reasonable time. An application to have a substance included on a list of authorised substances may be refused by the competent authorities only on the basis of a full assessment of the risk posed to public health by the substance, established on the basis of the most reliable scientific data available and the most recent results of international research. If the procedure results in a refusal, the refusal must be open to challenge before the courts (see, by analogy, Case C‑24/00 Commission v France [2004] ECR I‑1277, paragraphs 26, 27 and 36, and Case C‑95/01 Greenham and Abel [2004] ECR I‑1333, paragraphs 35, 36 and 50). | 63. However, where it is clear from the circumstances as a whole that the contract is more closely connected with a country other than that identified on the basis of the presumptions set out in Article 4(2) to (4) of the Convention, it is for that court to refrain from applying Article 4(2) to (4). | 0 |
10,957 | 131. As to the admissibility of the claim in so far as it concerns the alleged failure to transpose Directive 2005/36, it must be recalled that, as the Court has previously held, although the claims as stated in the application cannot in principle be extended beyond the infringements alleged in the operative part of the reasoned opinion and in the letter of formal notice, the fact nevertheless remains that the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the original version of a European Union measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new European Union measure. Conversely, the subject-matter of the dispute cannot be extended to obligations arising under new provisions which have no equivalent in the original version of the measure concerned, for otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (see, to that effect, Case C‑365/97 Commission v Italy , paragraph 36; Case C‑363/00 Commission v Italy [2003] ECR I‑5767, paragraph 22; and Case C‑416/07 Commission v Greece [2009] ECR I‑7883, paragraph 28). | 22. Thus, although the claims as stated in the application cannot in principle be extended beyond the infringements alleged in the operative part of the reasoned opinion and in the letter of formal notice, it is none the less true that, where Community law is amended during the course of the pre-litigation procedure, the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the initial version of a Community measure, subsequently amended or repealed, and which were maintained in force under the new provisions. Conversely, the subject-matter of the dispute cannot be extended to obligations arising under new provisions which do not correspond to those arising under the initial version of the measure concerned, as otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (see Commission v Italy , cited above, paragraphs 36 and 39). | 1 |
10,958 | 53 As regards the question whether the two grounds of appeal put forward by Somaco call into question findings of fact made by the Court of First Instance, it should be noted to begin with that the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (see inter alia Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 29, and Case C-188/96 P Commission v V [1997] ECR I-6561, paragraph 24). | 34. The first type of contracts are those concluded by a public entity with a person who is legally distinct from that entity where, at the same time, that entity exercises over the person concerned a control which is similar to that which it exercises over its own departments and where that person carries out the essential part of its activities with the entity or with entities which control it (see, to that effect, Teckal , paragraph 50, and Ordine degli Ingegneri della Provincia di Lecce and Others , paragraph 32). | 0 |
10,959 | 25
According to settled case-law, a breach of the principle of equal treatment as a result of different treatment presupposes that the situations concerned are comparable, having regard to all the elements which characterise them (judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 25). The elements which characterise various situations, and hence their comparability, must in particular be determined and assessed in the light of the subject matter of the provisions in question and of the aim they pursue, whilst account must be taken for that purpose of the principles and objectives of the field to which the measure at issue relates (see, to that effect, judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 26, and the judgment of 7 March 2017, RPO, C‑390/15, EU:C:2017:174, paragraph 42). | 7 By decision of 15 October 1985, the defendant granted the plaintiff a disability allowance calculated, pursuant to Article 10(5 ) of the 1975 Law, on the basis of her average daily earnings in the year immediately prior to the onset of her disability, during which she worked on average only 18 hours a week . | 0 |
10,960 | 78. As the Court held in Case C-213/03 Pêcheurs de l’étang de Berre [2004] ECR I‑0000, at paragraph 41, Article 6(3) of the Protocol clearly, precisely and unconditionally lays down the obligation for Member States to subject discharges of substances listed in Annex II to the Protocol to the issue by the competent national authorities of an authorisation taking due account of the provisions of Annex III to the Protocol. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
10,961 | 27 As far as direct taxation is concerned, the Court has held, in cases relating to the taxation of income of natural persons, that the situations of residents and non-residents in a given State are not generally comparable, since there are objective differences between them from the point of view of the source of the income and the possibility of taking account of their ability to pay tax or their personal and family circumstances (Schumacker, cited above, paragraphs 31 to 32; Wielockx, cited above, paragraph 18; and Asscher, cited above, paragraph 41). However, it has explained that, in the case of a tax advantage denied to non-residents, a difference in treatment between the two categories of taxpayer might constitute discrimination within the meaning of the Treaty where there is no objective difference such as to justify different treatment on this point as between the two categories of taxpayers (Schumacker, cited above, paragraphs 36 to 38, and Asscher, cited above, paragraph 42). | 46. It must be observed, however, that, in so far as it requires the acquirer to produce proof of the future use of the land he is acquiring, a measure such as Paragraph 8(3) of the VGVG allows the competent administrative authority considerable latitude which may be akin to a discretionary power (see, to that effect, Konle , paragraph 41). | 0 |
10,962 | 21 Thus, according to the case-law, in cases where the product has already undergone a health check in the State of dispatch affording guarantees equivalent to those resulting from the inspection on importation, the second check must not duplicate that carried out in the Member State of dispatch and must therefore, in all cases, be limited to measures designed to counter the risks arising from transportation or from any handling following the check carried out on dispatch (see United Foods and Van den Abeele v Belgian State, paragraph 29). | 29 AS TO THE REQUIREMENT OF CONTROL ON THE IMPORTATION OF GOODS WHICH HAVE ALREADY UNDERGONE EQUIVALENT CONTROL IN THE COUNTRY OF DISPATCH , IT IS NECESSARY TO RECALL THAT IN ITS JUDGMENT OF 8 NOVEMBER 1979 ( CASE 251/78 DENKAVIT ( 1979 ) ECR 3395 ), THE COURT HELD THAT A DOUBLE-CHECK IN THE EXPORTING COUNTRY AND IN THE IMPORTING COUNTRY MAY , DEPENDING ON THE CIRCUMSTANCES , BE MORE THAN ARTICLE 36 OF THE TREATY PERMITS IF HEALTH REQUIREMENTS MAY BE SATISFIED AS EFFECTIVELY BY MEASURES WHICH ARE NOT SO RESTRICTIVE OF INTRA-COMMUNITY TRADE . SINCE IN THE PRESENT CASE , THE FISH HAS ALREADY UNDERGONE IN THE COUNTRY OF DISPATCH A HEALTH INSPECTION CARRIED OUT IN ACCORDANCE WITH THE RULES WHICH THE ACTUAL LEGISLATION OF THE COUNTRY OF DESTINATION PRESCRIBES , CONTROL ON IMPORTATION MUST IN ALL CASES BE LIMITED TO MEASURES DESIGNED TO COUNTER THE RISKS ARISING FROM TRANSPORTATION OR FROM ANY HANDLING FOLLOWING THE INSPECTION CARRIED OUT ON DISPATCH .
| 1 |
10,963 | 40. In that respect it is sufficient to point out that, even if, in the areas which fall outside the scope of the Community’s competence, the Member States are still free, in principle, to lay down the conditions governing the existence and exercise of the rights in question, the fact remains that, when exercising that competence, the Member States must nevertheless comply with Community law (see, by analogy, in relation to social security, Case C‑120/95 Decker [1998] ECR I‑1831, paragraphs 22 and 23, and Case C‑158/96 Kohll [1998] ECR I‑1931, paragraphs 18 and 19; in relation to direct taxation, Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 21, and Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 29). | 13 Under the regulations applicable at the material time to the ports of Gedser and Rødby, also owned by DSB, shipping duty for ferry traffic consisted of a monthly charge on each vessel of 830 öre per deadweight or gross registered tonne, which conferred the right to unlimited docking during the month in question. Subject to two exceptions, goods duty came to 940 öre per tonne. | 0 |
10,964 | 47. Once the authorities of one Member State have issued a driving licence in accordance with Article 1(1) of Directive 2006/126, the other Member States are not entitled to investigate whether the conditions for issue laid down by that directive have been met. The possession of a driving licence issued by one Member State has to be regarded as constituting proof that its holder satisfied those conditions on the day on which that licence was issued (see, to that effect, judgment in Hofmann , C‑419/10, EU:C:2012:240, paragraphs 46 and 47). | 17. For the purposes of the investigation of the second complaint the Commission addressed a letter to Ireland on 8 May 2001, mentioning the report referred to above. | 0 |
10,965 | 51. The scheme and wording of Article 4 of Regulation No 1408/71 as amended show that a benefit cannot be classified simultaneously as a family benefit and a special benefit. Family benefits are dealt with in Article 4(1) while special benefits are dealt with in Article 4(2a), the aim of that distinction being to enable the respective schemes for those two categories of benefits to be identified (see, to that effect, Case C‑286/03 Hosse [2006] ECR I‑1771, paragraphs 36 and 37 and the case-law cited). | 32 It follows that, while questions relating to the lease, in particular its termination, are governed by the national law applicable in the main proceedings, the consequences as regards the reference quantities are prescribed by the Community rules on the additional levy. | 0 |
10,966 | 27
There is, however, nothing in a combined reading of the provisions of Directive 2003/87 and Decision 2011/278 to indicate that the Commission, in determining the maximum annual quantity of allowances, excluded emissions other than those attributable to electricity generators (see, to that effect, judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraphs 67, 70 and 72 to 76), a point confirmed by recitals 22 and 25 of Decision 2013/448. In particular, those recitals indicate that the Commission gathered information from the Member States and the EFTA countries participating in the EEA on whether the installations could be considered electricity generators or other installations covered by Article 10a(3) of Directive 2003/87. | 33. To answer the question, it must be recalled that, according to settled case‑law, in interpreting provisions of European Union law such as those at issue here, it is necessary to consider not only their wording but also their context and the objectives pursued by the rules of which they form part (see, inter alia, Case C‑185/89 Velker International Oil Company [1990] ECR I‑2561, paragraph 17, and Case C‑33/11 A [2012] ECR, paragraph 27). | 0 |
10,967 | 12 It is not sufficient, for the purpose of showing that an additive does not meet a genuine need, to rely on the fact that a product could be manufactured using another substance. Such an interpretation of the concept of technological need could result in favouring national production methods, which would constitute a disguised means of restricting trade between Member States (see the "Purity requirement for beer case", cited above, at paragraph 51, and the judgment in Joined Cases C-13/91 and C-113/91 Debus [1992] ECR I-3617, at paragraph 28). | 17 However, as the United Kingdom has observed, whilst most establishments of higher education are financed in this way, some are nevertheless financed essentially out of private funds, in particular by students or their parents, and which seek to make an economic profit. When courses are given in such establishments, they become services within the meaning of Article 60 of the Treaty. Their aim is to offer a service for remuneration. | 0 |
10,968 | 28. Admittedly, it follows from the case-law of the Court that a mere technical means to ensure or improve reception of the original transmission in its catchment area does not constitute a ‘communication’ within the meaning of Article 3(1) of Directive 2001/29 (see, to that effect, Football Association Premier League and Others , paragraph 194, and Airfield and Canal Digitaal , paragraphs 74 and 79). | 12 A farmer who lets a holding which he owns therefore loses the status of producer in relation to that holding and can no longer operate it within the meaning of the abovementioned rules. | 0 |
10,969 | 23 The Court pointed out that to apply the provisions of Articles 77 and 78 of the Regulation specifying the Member State of residence as having sole competence to grant the family benefits in question could result, however, in the persons concerned being deprived of their entitlement to benefit under the laws of another Member State alone. It was for that reason that, in its judgments in Laterza and Gravina, those provisions had been interpreted as meaning that the principle of a single State responsible for payment was subject, as regards family benefits, to an exception requiring the other Member State to grant a benefit supplement (see Bastos Moriana and Others, paragraph 18). | 33. It is settled case-law that the choice of the legal basis for a Community measure must rest on objective factors amenable to judicial review, which include in particular the aim and the content of the measure (see, inter alia , Case C-300/89 Commission v Council [1991] ECR I-2867, paragraph 10, and Case C-269/97 Commission v Council [2000] ECR I-2257, paragraph 43). | 0 |
10,970 | 31. In particular, the Hoge Raad de r Nederlanden asks whether, since it takes the view that the answer to the question of interpretation of EU law raised before it is so obvious as to leave no scope for any reasonable doubt, the conditions set out in paragraph 16 of the judgment in Cilfit and Others (283/81, EU:C:1982:335) may still be regarded as being met. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,971 | 68. In the present case, while it is true that the restrictions at issue apply without distinction to both residents and non-residents, it must none the less be held that they affect the position of a person acquiring a shareholding as such and are thus liable to deter investors from other Member States from making such investments and, consequently, affect access to the market (see Case C‑463/00 Commission v Spain , paragraph 61 and case-law cited, and Case C‑171/08 Commission v Portugal , paragraph 67). | 9 The answer to the first question must therefore be that employment as a foreign-language assistant at a university is not employment in the public service within the meaning of Article 48(4 ) of the EEC Treaty .
The second question | 0 |
10,972 | 95. Likewise, legislation not providing for any possibility for an individual to pursue legal remedies in order to have access to personal data relating to him, or to obtain the rectification or erasure of such data, does not respect the essence of the fundamental right to effective judicial protection, as enshrined in Article 47 of the Charter. The first paragraph of Article 47 of the Charter requires everyone whose rights and freedoms guaranteed by the law of the European Union are violated to have the right to an effective remedy before a tribunal in compliance with the conditions laid down in that article. The very existence of effective judicial review designed to ensure compliance with provisions of EU law is inherent in the existence of the rule of law (see, to this effect, judgments in Les Verts v Parliament , 294/83, EU:C:1986:166, paragraph 23; Johnston , 222/84, EU:C:1986:206, paragraphs 18 and 19; Heylens and Others , 222/86, EU:C:1987:442, paragraph 14; and UGT-Rioja and Others , C‑428/06 to C‑434/06, EU:C:2008:488, paragraph 80). | 114. The adoption and implementation of such a programme thus do not permit the Member States to adopt a budgetary policy which fails to take account of the fact that they will be compelled, in the event of a deficit, to seek financing on the markets, or result in them being protected against the consequences which a change in their macroeconomic or budgetary situation may have in that regard. | 0 |
10,973 | 9. À cet égard, 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 (voir, notamment, arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 8 mars 2007, Commission/Italie, C‑160/06, non publié au Recueil, point 9). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
10,974 | 22. The second preliminary point to note is that, given the objectives of the Directive and in particular the fact that, as the second recital in the preamble to Directive 97/55 points out, comparative advertising helps to demonstrate objectively the merits of the various comparable products and thus stimulate competition between suppliers of goods and services to the consumer’s advantage, it is settled case-law that the conditions required of comparative advertising must be interpreted in the sense most favourable to it (Case C-112/99 Toshiba Europe [2001] ECR I‑7945, paragraphs 36 and 37, and Case C-44/01 Pippig Augenoptik [2003] ECR I‑3095, paragraph 42; see also Case C-59/05 Siemens [2006] ECR I-0000, paragraphs 22 to 24).
Order in which the questions are to be examined | 28. À cet égard, il convient de rappeler qu’il est de jurisprudence constante qu’un système de taxation ne peut être considéré comme compatible avec l’article 110 TFUE que s’il est établi qu’il est aménagé de façon à exclure, en toute hypothèse, que les produits importés soient taxés plus lourdement que les produits nationaux et, dès lors, qu’il ne comporte, en aucun cas, des effets discriminatoires (arrêt du 19 mars 2009, Commission/Finlande, C‑10/08, point 24 et jurisprudence citée). | 0 |
10,975 | 69. Par conséquent, s’il n’est, en principe, pas possible de déduire directement de la non‑conformité d’une situation de fait avec les objectifs fixés à l’article 13 de la directive 2008/98 que l’État membre concerné a nécessairement manqué aux obligations imposées par cette disposition, à savoir prendre les mesures nécessaires pour s’assurer que les déchets soient éliminés sans mettre en danger la santé de l’homme et sans porter préjudice à l’environnement, la persistance d’une telle situation de fait, notamment lorsqu’elle entraîne une dégradation significative de l’environnement pendant une période prolongée sans intervention des autorités compétentes, peut révéler que les États membres ont outrepassé la marge d’appréciation que leur confère cet article (voir, en ce sens, arrêts Commission/Italie, C‑297/08, EU:C:2010:115, point 97 et jurisprudence citée, ainsi que Commission/Grèce, C‑677/13, EU:C:2014:2433, point 78 et jurisprudence citée). | 66. Consequently, it is appropriate to reject as ineffective ab initio the argument alleging that the judgment under appeal is vitiated by a contradictory statement of reasons in relation to the calculation of the default interest. | 0 |
10,976 | 34. Under the system established by Directive 2003/88, although Article 15 thereof allows generally for the application or introduction of national provisions more favourable to the protection of the safety and health of workers, only some of its provisions, which are exhaustively listed, may form the subject-matter of derogations by the Member States or the two sides of industry. Furthermore, the implementation of such derogations is subject to strict conditions intended to secure effective protection for the safety and health of workers (see Pfeiffer and Others , paragraphs 77 and 96). | 15 FOR THESE REASONS , THE ANSWER TO THE FIRST QUESTION MUST BE THAT , IN DISPUTES IN WHICH THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION CHARGES THE GRANTOR WITH HAVING INFRINGED THE EXCLUSIVE CONCESSION , THE WORD ' OBLIGATION ' CONTAINED IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS REFERS TO THE OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS , NAMELY THE CONTRACTUAL OBLIGATION OF THE GRANTOR WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION .
| 0 |
10,977 | 37. It follows that the Finnish tax legislation makes the grant of the tax credit subject to the condition that the dividends be distributed by companies established in Finland, while shareholders fully taxable in Finland find themselves in a comparable situation, whether they receive dividends from companies established in that Member State or from companies established in other Member States (see, to that effect, Case C-107/94 Asscher [1996] ECR I‑3089, paragraphs 41 to 49, and Case C-234/01 Gerritse [2003] ECR I-5933, paragraphs 47 to 54). | 56 As regards the degree of precision required of the legislative act, Article 1(5) of the Directive requires it to be a specific act adopting the details of the project. Its very wording must demonstrate that the objectives of the Directive have been achieved with regard to the project in question. | 0 |
10,978 | 52. However, as soon as a Member State, either unilaterally or by way of a convention, imposes a charge to tax on the income, not only of resident shareholders, but also of non-resident shareholders, from dividends which they receive from a resident company, the situation of those non-resident shareholders becomes comparable to that of resident shareholders ( Test Claimants in Class IV of the ACT Group Litigation , paragraph 68; Denkavit Internationaal and Denkavit France , paragraph 35; and Amurta , paragraph 38). | 31 AS REGARDS THE CLAIMS IN THE APPLICATION IN WHICH THE COURT IS REQUESTED TO RECOGNIZE THAT THE DISCRIMINATION SUFFERED BY THE VESSELS BELONGING TO MEMBERS OF APESCO SHOULD BE BROUGHT TO AN END AND TO ORDER THE COMMISSION TO ALLOCATE TO MEMBERS OF THAT ASSOCIATION COMPENSATION, IN FUTURE PERIODICAL LISTS, FOR THE LOST DAYS' FISHING, THESE MUST BE HELD TO BE INADMISSIBLE . THE COURT MAY NOT ISSUE SUCH ORDERS IN PROCEEDINGS BASED ON ARTICLE 173 OF THE TREATY . | 0 |
10,979 | 31. At the outset, it should be noted that, even though, formally, the referring court has limited its questions to the interpretation of Articles 10(1) and 13 of Decision No 1/80, such a situation does not prevent the Court from providing the referring court with all the elements of interpretation of European Union law which may be of assistance in adjudicating on the case before it, whether or not that court has specifically referred to them in the questions (see Case C‑251/06 ING. AUER [2007] ECR I‑9689, paragraph 38, and Case C‑434/09 McCarthy [2011] ECR I‑3375, paragraph 24). | 21 Proceeding on the basis of the normal value thus constructed for sales by Mita to OEMs, the Council and the Commission arrived at a dumping margin lower than the margin calculated for sales of plain paper photocopiers marketed under Mita' s own brand name, and that dumping margin, together with those ascertained for all Mita' s sales channels, was taken into account in calculating a weighted dumping margin on the basis of which the anti-dumping duty was set . | 0 |
10,980 | 33
It may also be recalled that, although, in certain circumstances, in particular where the Commission intends to apply new guidelines on the method of setting fines, and provided that that does not mean that it anticipates its decision on the objections in an inappropriate manner, it may be desirable that the Commission should specify the way in which it proposes to employ the imperative criteria of the gravity and the duration of the infringement when determining the amount of the fines, the fact remains that the right to be heard does not cover such elements related to the method for determining the amount of the fines (judgment of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 438 and 439). | 41. According to settled case-law, a restriction on the freedom of establishment is permissible only if it is justified by overriding reasons in the public interest. It is further necessary, in such a case, that it should be appropriate to ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective (see National Grid Indus , paragraph 42 and the case-law cited). | 0 |
10,981 | 28 It is also clear from the case-law of the Court that, in order to establish whether a measure has disparate effect as between men and women to such a degree as to amount to indirect discrimination for the purposes of Article 119 of the Treaty, the national court must verify whether the statistics available indicate that a considerably smaller percentage of women than men is able to fulfil the requirement imposed by that measure. If that is the case, there is indirect sex discrimination, unless that measure is justified by objective factors unrelated to any discrimination based on sex (see Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraph 65). | 27 Therefore, expulsion for life automatically follows a criminal conviction, without any account being taken of the personal conduct of the offender or of the danger which that person represents for the requirements of public policy. | 0 |
10,982 | 26 As regards the definition of the market in question, it appears from the order for reference that it is that of the organisation on behalf of third persons of dock work relating to container freight in the port of La Spezia. Having regard to the volume of traffic in that port, which is regarded as the leading Mediterranean port for container traffic, and its importance in intra-Community trade, that market may be regarded as constituting a substantial part of the common market (Case C-179/90, paragraph 15). | 33. It must be borne in mind that, under Article 256 TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union, an appeal is limited to points of law and may lie only on grounds of lack of competence of the General Court, a breach of procedure before it which adversely affects the interests of the appellant or infringement of EU law by the General Court (see, to that effect, Case C‑136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I‑1981, paragraph 47). | 0 |
10,983 | 22 It will be recalled in respect of the first submission that, although the Court has no jurisdiction under Article 234 EC to apply a rule of Community law to a particular case and thus to judge a provision of national law by reference to such a rule it may, in the framework of the judicial cooperation provided for by that article and on the basis of the material presented to it, provide the national court with an interpretation of Community law which may be useful to it in assessing the effects of that provision (Case 20/87 Gauchard [1987] ECR 4879, paragraph 5). | 60. Il est également de jurisprudence constante que les conséquences financières qui pourraient découler pour un État membre d’un arrêt rendu à titre préjudiciel ne justifient pas, par elles-mêmes, la limitation des effets de cet arrêt dans le temps (arrêt Brzeziński, précité, point 58 et jurisprudence citée). | 0 |
10,984 | 75. 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; Case 147/86 Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35) | 49. Having regard to those characteristics, the choice of such a coefficient does not undermine the objectives pursued by Regulations Nos 1972/2003 and 60/2004 and does not infringe the principles of proportionality and equal treatment. | 0 |
10,985 | 24. The Parliament also claims, in its reply, that its argument does not question the principle set out in Article 106a(3) EA. According to the Parliament, the contested Directive should have had its legal basis in Article 192(1) TFEU since it fits into the regulatory framework established by Directive 98/83. By the contested Directive, the Council, acting on the basis of Articles 31 EA and 32 EA, enacted new rules regarding a particular aspect of the framework established by Directive 98/83, that is to say, protection requirements with regard to radioactive substances in water intended for human consumption, and accordingly acted contrary to the objective pursued by that directive. In determining the appropriate legal basis for the contested Directive, account ought to have been taken, first, of the fact that Directive 98/83 constitutes the cornerstone of the system of protecting human health against the harmful effects of contaminated water intended for human consumption and, secondly, of the fact that the contested Directive takes effect specifically in relation to one aspect of the scheme established by Directive 98/83 (see the judgment in UK v Council , C‑656/11, EU:C:2014:97, paragraphs 50, 51, 64 and 66). | 66. Nor is that finding called into question by the United Kingdom’s argument that Article 2(1) of Regulation No 883/2004 extended the scope of that regulation to all economically inactive persons, and therefore also to those who did not yet enjoy the rights granted by Regulation No 1408/71. Suffice it to state that the extension of the rules on the coordination of social security systems to Swiss nationals residing in the European Union and falling within that category of economically inactive persons which was not yet covered by Regulation No 1408/71 cannot be regarded as constituting the main or predominant purpose or component of the contested decision, but must, on the co ntrary, be regarded as incidental to the updating of the body of legislation included in Annex II on the coordination of social security schemes. | 1 |
10,986 | 16. Par ailleurs, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, notamment, arrêts Commission/Portugal, C‑61/05, EU:C:2006:467, point 31, et Commission/Grèce, EU:C:2012:228, point 14). | 18 THE MAINTENANCE OF THE WORKER' S RELATIONSHIP WITH SUCH AN EMPLOYER FOR THE ENTIRE DURATION OF THE EMPLOYMENT ARISES IN PARTICULAR FROM THE FACT THAT IT IS THE EMPLOYER WHO PAYS THE SALARY AND CAN DISMISS HIM FOR ANY MISCONDUCT BY HIM IN THE PERFORMANCE OF HIS WORK WITH THE HIRING UNDERTAKING . | 0 |
10,987 | 50. In any event, Articles 82 EC and 86(1) EC are infringed where a measure imputable to a Member State, and in particular a measure by which a Member State confers special or exclusive rights within the meaning of Article 86(1) EC, gives rise to a risk of an abuse of a dominant position (see, to that effect, ERT , cited above, paragraph 37; Merci convenzionali porto di Genova , cited above, paragraph 17; and Case C‑380/05 Centro Europa 7 [2008] ECR I‑0000, paragraph 60). | 57. It must therefore be held that, in circumstances such as those of the main proceedings, an action relating to an infringement of that law may be brought before the German courts, to the extent that the act committed in another Member State caused or may cause damage within the jurisdiction of the court seised. | 0 |
10,988 | 40. Consumer protection concerns underpin the provisions of Directives 2003/54 and 2003/55 (see, to that effect, Enel Produzione , C‑242/10, EU:C:2011:861, paragraphs 39, 54 and 56). Those concerns are closely linked both to the liberalisation of the markets in question and to the objective, also pursued by those directives, of ensuring a stable electricity and gas supply (see, to that effect, Essent and Others , C‑105/12 to C‑107/12, EU:C:2013:677, paragraphs 59 to 65). | 30. Il importe de rappeler à cet égard que la pertinence de la prise en considération de la consommation captive dans l’évaluation des chiffres d’affaires et des parts de marché dans un contexte tel que celui de l’espèce a été reconnue par la Cour dans son arrêt du 16 novembre 2000, KNP BT/Commission (C‑248/98 P, Rec. p. I‑9641, point 62), dont il découle que le fait de ne pas tenir compte de la valeur des livraisons internes reviendrait nécessairement à avantager, sans justification, les sociétés verticalement intégrées en ce qui concerne l’évaluation du profit tiré d’une entente par de telles entreprises. | 0 |
10,989 | 69. In all the areas corresponding to the objectives of the Treaty, Article 10 EC requires Member States to facilitate the achievement of the Community’s tasks and to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty (Opinion 1/03 [2006] ECR I-1145, paragraph 119, and Case C‑459/03 Commission v Ireland [2006] ECR I-4635, paragraph 174). | 27. Par ailleurs, les affaires au principal se distinguent de celle ayant donné lieu à l’arrêt Sbarigia, précité, dans laquelle il était question d’une décision sur l’octroi éventuel à une pharmacie particulière d’une dispense de respecter les heures d’ouverture et, par conséquent, dans laquelle rien n’indiquait en quoi une telle décision était susceptible d’affecter des opérateurs économiques provenant d’autres États membres. | 0 |
10,990 | 26 Secondly, it follows from Krid, paragraph 32, and, by analogy, from Kziber, paragraph 25, Yousfi, paragraph 24, and Hallouzi-Choho, paragraph 25, that the term `social security' contained in that provision must be deemed to bear the same meaning as the identical term used in Regulation No 1408/71. | 35 That being the case, it must be held that the letter at issue amounts to no more than a preparatory step and, accordingly, is neither capable of producing legal effects nor intended to produce such effects. It does not, therefore, constitute a definitive decision challengeable by way of an action for annulment. It is only after the veterinary committee has given its opinion that a definitive decision can be adopted. | 0 |
10,991 | 30. For the purposes of determining whether a product must be classified as a medicinal product or as a foodstuff within the meaning of the Community regulations, the competent national authority must decide on a case-by-case basis, taking account of all the characteristics of the product, in particular its composition, its pharmacological properties, to the extent to which they can be established in the present state of scientific knowledge, the manner in which it is used, the extent of its distribution, its familiarity to consumers and the risks which its use may entail (see Van Bennekom , cited above, paragraph 29; Case C-369/88 Delattre [1991] ECR I-1487, paragraphs 26 and 35; Case C-60/89 Monteil and Samanni [1991] ECR I-1547, paragraph 29; Case C-112/89 Upjohn (‘ Upjohn I ’) [1991] ECR I-1703, paragraph 23; Case C-290/90 Commission v Germany [1992] ECR I-3317, paragraph 17; and Case C-150/00 Commission v Austria [2004] ECR I-3891, paragraph 64). | 50. In this connection, it appears from the very wording of Clause 8(3) of the Framework Agreement that implementation of the agreement cannot provide the Member States with valid grounds for reducing the general level of protection for workers previously guaranteed in the domestic legal order in the sphere covered by that agreement. | 0 |
10,992 | 86. It should be noted in that regard that, according to settled case-law, medical services provided for consideration fall within the scope of the provisions on the freedom to provide services (see, inter alia, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 18, and Kohll , paragraph 29), there being no need to distinguish between care provided in a hospital environment and care provided outside such an environment ( Vanbraekel , paragraph 41; Smits and Peerbooms , paragraph 53; Müller-Fauré and van Riet , paragraph 38; and Inizan , paragraph 16). | 78. Thus the Commission pointed out at points 116 and 117 of the grounds of the contested decision that:
─ in order to prevent the effectiveness of the decision to recover the aid from being frustrated and the market from continuing to be distorted, the Commission may be compelled to require that the recovery is not restricted to the original firm but is extended to the firm which continues the activity of the original firm, using the transferred means of production, in cases where certain elements of the transfer point to economic continuity between the two firms;
─ the elements examined by the Commission include the purpose of the transfer (assets and liabilities, continuity of the workforce, bundled assets, etc.), the transfer price, the identity of the shareholders or owners of the acquiring firm and of the original firm, the moment at which the transfer was carried out (after the start of the investigation, the initiation of the procedure or the final decision) and, lastly, the economic logic of the transaction. | 0 |
10,993 | 41
Article 52(3) of the Charter states that, in so far as it contains rights which correspond to rights guaranteed by the ECHR, the meaning and scope of those rights is to be the same as those laid down by that convention. According to the explanations relating to that provision, the meaning and scope of the guaranteed rights are determined not only by the text of the ECHR, but also, in particular, by the case-law of the European Court of Human Rights, in the light of which Article 47 of the Charter should therefore be interpreted (see, to that effect, judgment of 22 December 2010 in DEB, C‑279/09, EU:C:2010:811, paragraphs 35 and 37 and the case-law cited). | 48. L’article 42, paragraphe 3, de la directive 2007/46 concerne l’obligation d’adresser à la Commission un rapport d’évaluation des compétences des services techniques. Ainsi que la Commission l’a fait valoir, le destinataire de cette obligation est l’autorité chargée de l’évaluation des compétences des services techniques en vertu de l’article 42 de la directive 2007/46. Or, il convient de rappeler que la transposition d’une directive n’est pas complète si elle laisse subsister un état d’incertitude quant à l’étendue des droits et obligations des sujets de droit concernés dans le domaine régi par cette directive (voir, en ce sens, arrêt du 20 novembre 2003, Commission/France, C-296/01, Rec. p. I-13909, point 66).
– Sur l’argument tiré du caractère technique de certaines dispositions de la directive 2007/46 | 0 |
10,994 | 32
Where an appellant alleges distortion of the evidence by the General Court, he must, under Article 256 TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union and Article 168(1)(d) of the Rules of Procedure of the Court, indicate precisely the evidence alleged to have been distorted by the General Court and show the errors of appraisal which, in his view, led to such distortion. In addition, it is settled case-law of the Court that distortion must be obvious from the documents in the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (judgments in Lafarge v Commission, C‑413/08 P, EU:C:2010:346, paragraph 16 and the case-law cited, and Austria v Scheucher-Fleisch and Others, C‑47/10 P, EU:C:2011:698, paragraph 59 and the case-law cited). | 47 The connection thus established under that system between the competence to provide pensions and the obligation to bear the cost of benefits in kind leads to the conclusion that that obligation is incidental to an actual competence in respect of pensions. Therefore, the cost of benefits in kind cannot be borne by the institution of a Member State which has only a hypothetical competence in respect of pensions. It follows that Articles 27, 28 and 28a of Regulation No 1408/71, when they refer to a pension payable, are concerned with a pension which is actually paid to the person concerned. | 0 |
10,995 | 64. The Court has consistently held (see, in particular, Case C-90/94 Haahr Petroleum [1997] ECR I-4085, paragraph 20, and Case C-213/96 Outokumpu [1998] ECR I-1777, paragraph 20) that any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a border, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect within the meaning of Articles 23 EC and 25 EC. However, such a charge may not be so characterised if it forms part of a general system of internal dues applying systematically to categories of products according to objective criteria applied without regard to the origin of the products, in which case it falls within the scope of Article 90 EC (see, to that effect, Nygård , paragraph 19). | 88. Toutefois, cette exigence ne saurait aller jusqu’à imposer, en toute hypothèse, une coïncidence parfaite entre l’énoncé des griefs figurant dans le dispositif de l’avis motivé et les conclusions de la requête, dès lors que l’objet du litige, tel que défini dans l’avis motivé, n’a pas été étendu ou modifié (arrêt du 8 juillet 2010, Commission/Portugal, précité, point 26). La Commission peut notamment préciser ses griefs initiaux dans sa requête, à la condition cependant qu’elle ne modifie pas l’objet du litige (arrêt du 11 juillet 2013, Commission/Pays‑Bas, C‑576/10, point 35). | 0 |
10,996 | 32. For that purpose, Article 5 of Directive 89/104 confers on the trade mark proprietor exclusive rights which entitle him inter alia to prevent any third party from importing goods bearing the mark, offering the goods, or putting them on the market or stocking them for those purposes without his consent (judgments in Zino Davidoff and Levi Strauss , C‑414/99 to C‑416/99, EU:C:2001:617, paragraph 40; Van Doren + Q , C‑244/00, EU:C:2003:204, paragraph 33; and Peak Holding , C‑16/03, EU:C:2004:759, paragraph 34). | 24. En ce qui concerne l’argumentation de la République hellénique tiré du fait que l’introduction, par la Commission, du présent recours en manquement serait précipité à la lumière des circonstances de la présente affaire, il convient de rappeler qu’il n’appartient pas à la Cour d’apprécier l’opportunité de l’exercice d’un pouvoir discrétionnaire de la Commission pour intenter un recours en manquement au moment que cette dernière juge opportun (voir, en ce sens, arrêts Commission/Espagne, C‑48/10, EU:C:2010:704, point 32; Commission/Espagne, C‑560/08, EU:C:2011:835, point 72, et Commission/Hongrie, C‑115/13, EU:C:2014:253, point 46). | 0 |
10,997 | 121. It follows that the provisions of the Convention relied on by Ireland in the dispute relating to the MOX plant and submitted to the Arbitral Tribunal are rules which form part of the Community legal order. The Court therefore has jurisdiction to deal with disputes relating to the interpretation and application of those provisions and to assess a Member State’s compliance with them (see, in that connection, Case C‑13/00 Commission v Ireland , paragraph 20, and Case C-239/03 Commission v France , paragraph 31). | 20 It follows that the requirement of adherence to the Berne Convention which Article 5 of Protocol 28 to the EEA Agreement imposes on the Contracting Parties comes within the Community framework, given that it features in a mixed agreement concluded by the Community and its Member States and relates to an area covered in large measure by the Treaty. The Commission is thus competent to assess compliance with that requirement, subject to review by the Court. | 1 |
10,998 | 51
The Court has held, with regard to Article 9(3) of the Aarhus Convention, that, since only ‘members of the public who meet the criteria, if any, laid down by [the] national law’ are entitled to exercise the rights provided for in this provision, it is subject, in its implementation or effects, to the adoption of a subsequent measure (judgments of 8 March 2011 in Lesoochranárske zoskupenie, C‑240/09, EU:C:2011:125, paragraph 45, and 13 Janaury 2015 in Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht, C‑401/12 P to C‑403/12 P, EU:C:2015:4, paragraph 55). | 55. With regard to Article 9(3) of the Aarhus Convention, that article does not contain any unconditional and sufficiently precise obligation capable of directly regulating the legal position of individuals and therefore does not meet those conditions. Since only members of the public who ‘meet the criteria, if any, laid down in … national law’ are entitled to exercise the rights provided for in Article 9(3), that provision is subject, in its implementation or effects, to the adoption of a subsequent measure (see judgment in Lesoochranárske zoskupenie , EU:C:2011:125, paragraph 45). | 1 |
10,999 | 170. In so far as the applicants in the main proceedings submit that, owing to the cumulative conditions imposed by Article 11 of Presidential Decree No 164/2004, certain fixed-term employment contracts concluded or renewed abusively in the public sector before the entry into force of the decree would escape any penalty, it should be observed that, in such a situation, a measure offering effective and equivalent guarantees for the protection of workers must be capable of being applied in order duly to punish that abuse and nullify the consequences of the breach of Community law. Consequently, in so far as the domestic law of the Member State concerned did not, during that period, include other effective measures for that purpose, for example, because the penalties laid down in Article 7 of the decree did not apply rationae temporis , the recognition of fixed-term employment contracts as contracts of indefinite duration pursuant to Article 8(3) of Law No 2112/1920 could, as the applicant in the main proceedings in Case C‑379/07 submits, constitute such a measure (see, to that effect, Adeneler and Others , paragraphs 98 to 105, and order in Vassilakis and Others , paragraphs 129 to 137). | Eu égard aux considérations qui précèdent, le deuxième argument doit être écarté comme étant non fondé. | 0 |
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