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11,000 | 45. In that regard, a requested person is considered to have been finally judged in respect of the same acts within the meaning of Article 3(2) of the Framework Decision where, following criminal proceedings, further prosecution is definitively barred (see, by analogy, Joined Cases C-187/01 and C-385/01 Gözütok and Brügge [2003] ECR I-1345, paragraph 30, and Case C-491/07 Turanský [2008] ECR I‑11039, paragraph 32) or where the judicial authorities of a Member State have adopted a decision by which the accused is finally acquitted in respect of the alleged acts (see, by analogy, Van Straaten , paragraph 61, and Turanský , paragraph 33). | 53. Furthermore, although budgetary considerations may underlie a Member State’s choice of social policy and influence the nature or scope of the social protection measures which it wishes to adopt, they do not in themselves constitute an aim pursued by that policy and cannot therefore justify discrimination against one of the sexes (see Case C-343/92 Roks and Others [1994] ECR I-571, paragraph 35, and Steinicke , paragraph 66). | 0 |
11,001 | 103. The General Court did not err in law in observing, in paragraph 165 of the judgment under appeal that the Commission is not required to take account of the undertaking’s financial losses since recognition of such an obligation would have the effect of conferring an unfair competitive advantage on the undertakings least well adapted to the conditions of the market (see Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraphs 54 and 55; Dansk Rørindustri and Others v Commission , paragraph 327; Case C‑308/04 P SGL Carbon v Commission , paragraph 105; and Case C‑328/05 P SGL Carbon v Commission , paragraph 100). | 19. Il convient d’emblée de rappeler que la sixième directive et la directive 2006/112 établissent un système commun de TVA fondé, notamment, sur une définition uniforme des opérations taxables (voir arrêts du 12 janvier 2006, Optigen e.a., C‑354/03, C‑355/03 et C‑484/03, Rec. p. I‑483, point 36; du 21 février 2006, Halifax e.a., C‑255/02, Rec. p. I‑1609, point 48, ainsi que du 20 juin 2013, Newey, C‑653/11, point 39). | 0 |
11,002 | 76
With regard, by contrast, to the provisions of the Treaty on gaming other than those relating to an ‘Information Society service’, within the meaning of Article 1.2 of Directive 98/34, such as the provisions introducing the obligation to obtain an authorisation to organise or collect sporting bets and the impossibility of issuing such an authorisation to private operators, these do not constitute ‘technical regulations’ within the meaning of Article 1.11 of that directive. National provisions which merely lay down conditions governing the establishment or provision of services by undertakings, such as provisions making the exercise of an activity subject to prior authorisation, do not constitute technical regulations within the meaning of that provision (see, to that effect, judgment in Lindberg, C‑267/03, EU:C:2005:246, paragraph 87). | 104. Certes, il ressort des réponses des autorités espagnoles aux questions posées par la Commission lors de la procédure précontentieuse que les Communautés autonomes peuvent indiquer aux registradores-liquidadores le système informatique qu’ils doivent utiliser ainsi qu’ils doivent être connectés «on-line» avec les autorités compétentes des Communautés autonomes et peuvent exiger une dotation minimale de personnel dans les bureaux de liquidation et que ledit personnel fait preuve de qualifications professionnelles concrètes. | 0 |
11,003 | 51. By virtue of Article 293 EC, Member States are required, so far as necessary, to enter into negotiations with each other with a view to securing for the benefit of their nationals the abolition of double taxation within the Community. However, apart from Convention 90/436/EEC of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10), no unifying or harmonising measure for the elimination of double taxation has yet been adopted at Community level, and Member States have not yet concluded any multilateral convention to that effect under Article 293 EC (see Case C‑336/96 Gill [1998] ECR I-2793, paragraph 23; Case C-376/03 D . [2005] ECR I-5821, paragraph 50; and Case C‑470/04 N. [2006] ECR I-0000, paragraph 43). | 45. Cette appréciation globale implique une certaine interdépendance entre les facteurs pris en compte. Ainsi, un faible degré de similitude entre les produits ou services couverts peut être compensé par un degré élevé de similitude entre les marques, et inversement. Par conséquent, il convient d’interpréter la notion de similitude en relation avec le risque de confusion dont l’appréciation, quant à elle, dépend notamment de la connaissance de la marque antérieure sur le marché et du degré de similitude entre les marques en conflit ainsi qu’entre les produits ou services désignés (voir, en ce sens, arrêts Canon, précité, point 17, Llyod Schuhfabrik Meyer, précité, point 19, et du 15 mars 2007, T.I.M.E. ART/Devinlec et OHMI, C‑171/06 P, point 35). | 0 |
11,004 | 30. Furthermore, the Court has already held that Article 49 EC precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State ( De Coster , paragraph 30; Mobistar and Belgacom Mobile , paragraph 30; Cipolla and Others , paragraph 57; and Case C-76/05 Schwarz and Gootjes-Schwarz [2007] ECR I-0000, paragraph 67). | 89. À cet égard, il résulte de la jurisprudence constante de la Cour que la gravité des infractions au droit de la concurrence de l’Union doit être établie en fonction d’un grand nombre d’éléments, tels que, notamment, les circonstances particulières de l’affaire, son contexte et la portée dissuasive des amendes, et ce sans qu’ait été établie une liste contraignante ou exhaustive de critères devant obligatoirement être pris en compte (voir, notamment, arrêts Dansk Rørindustri e.a./Commission, précité, point 241, ainsi que du 3 septembre 2009, Prym et Prym Consumer/Commission, C‑534/07 P, Rec. p. I‑7415, point 54). | 0 |
11,005 | 85. In that respect, it is for the Member States, in the absence of harmonisation and in so far as there are uncertainties in the present state of scientific research, to decide on the degree of protection of the health and life of humans they intend to ensure and on the requirement for an authorisation prior to placing foodstuffs on the market, having regard, however, to the requirements of the free movement of goods within the Community ( Sandoz , paragraph 16; Van Bennekom , paragraph 37; Commission v Denmark , paragraph 42; and Case C-24/00 Commission v France , paragraph 49). | 30. According to settled case-law, in order to determine whether there is a ‘transfer’ of the undertaking within the meaning of Article 1(1) of Directive 2001/23, the decisive criterion is whether the entity in question keeps its identity after being taken over by the new employer (Case C‑108/10 Scattolon [2011] ECR I‑7491, paragraph 60 and the case-law cited). | 0 |
11,006 | 31. As regards the first condition for the application of Article 15(1) of Regulation No 44/2001, even though the wording of that provision is not identical in every respect to that of the first paragraph of Article 13 of the Brussels Convention, those amendments concern the conditions for application which consumer contracts must fulfil (see, to that effect, Pammer and Hotel Alpenhof , paragraph 59) and not the definition of the concept of consumer, so that, in Regulation No 44/2001, that concept must have the same scope as in the Brussels Convention. | 59. However, the Court has also stated – in Ilsinger , paragraph 48 – that the wording of Article 15(1) of Regulation No 44/2001 is not identical in every respect to that of the first paragraph of Article 13 of the Brussels Convention. In particular, it held in paragraph 50 of that judgment that the conditions for application which consumer contracts must fulfil are now worded more generally than they were, in order to ensure better protection for consumers with regard to new means of communication and the development of electronic commerce. | 1 |
11,007 | 70
With regard to whether the first ground of appeal is well founded, it must be borne in mind that the Court of Justice has held on many occasions that, although the EU rules in force until the end of 1999 do not lay down a time limit for the adoption of a decision on financial corrections by the Commission, since 2000 that has, however, been subject to compliance with a time limit laid down in EU law (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 75 to 82; of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 75 to 82; of 22 October 2014, Spain v Commission, C‑429/13 P, EU:C:2014:2310, paragraph 29; of 4 December 2014, Spain v Commission, C‑513/13 P, not published, EU:C:2014:2412, paragraph 36; of 24 June 2015, Germany v Commission, C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 81, and of 24 June 2015, Spain v Commission, C‑263/13 P, EU:C:2015:415, paragraph 50). | 72. A restriction on the freedom of establishment and the freedom to provide services may be justified where it serves overriding requirements relating to the public interest, is suitable for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see, inter alia, Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 61; Case C-250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I‑11135, paragraph 39; and Case C‑212/06 Government of the French Community and Walloon Government [2008] ECR I‑1683, paragraph 55). | 0 |
11,008 | 36
As the Court has already held, it is necessary to examine the content of the activities in question, (see, to that effect, judgments in Arthur Andersen, C‑472/03, EU:C:2005:135, paragraph 32; Abbey National, C‑169/04, EU:C:2006:289, paragraph 66, and J.C.M. Beheer, C‑124/07, EU:C:2008:196, paragraph 17). | 62. The right of appointment conferred on the Federal State and the Land of Lower Saxony thus enables them to participate in a more significant manner in the activity of the supervisory board than their status as shareholders would normally allow. | 0 |
11,009 | 21 For the purposes of the answer to be given to the national court's question, it should first be observed that 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 Common Customs Tariff and of the notes to the sections or chapters (Case C-338/95 Wiener SI [1997] ECR I-6495, paragraph 10; Case C-339/98 Peacock [2000] ECR I-8947, paragraph 9, and Case C-479/99 CBA Computer [2001] ECR I-4391, paragraph 21). | 38. Therefore, the fact that the undertaking concerned has characterised wrongly in law its conduct upon which the finding of the infringement is based cannot have the effect of exempting it from imposition of a fine in so far as it could not be unaware of the anti-competitive nature of that conduct. | 0 |
11,010 | 29. In the main proceedings, as the national court has observed, the expenditure connected with supplies of services carried out in the context of the issue of shares and financial holdings was not solely attributable to downstream economic activities carried out by Securenta and was not therefore among the elements which, alone, go to make up the cost of the transactions relating to those activities. If, however, that had been the case, the supplies of services concerned would have had a direct and immediate link with the taxpayer’s economic activities (see Abbey National , paragraphs 35 and 36, and Cibo Participations , paragraph 33). However, it is apparent from the documents before the Court that the costs incurred by Securenta for the financial transactions at issue in the main proceedings were, at least in part, for the performance of non-economic activities. | 26. Le signe «ecoDoor» pouvant ainsi servir à désigner le caractère écologique des produits concernés, il y a lieu, au vu de l’intérêt général poursuivi par l’article 7, paragraphe 1, sous c), du règlement nº 207/2009, tel que rappelé au point 19 du présent arrêt, de garantir qu’il puisse être utilisé par tous les opérateurs et qu’il ne soit pas réservé à un seul opérateur (voir, en ce sens, arrêt Deutsche SiSi-Werke/OHMI, C‑173/04 P, EU:C:2006:20, point 62). Par ailleurs, il n’est pas contesté, dans le cas d’espèce, que les produits concernés par la demande d’enregistrement comportent des portes ou peuvent en être équipés. | 0 |
11,011 | 23. Moreover, in accordance with settled case-law, the right not to be discriminated against on grounds of sex is one of the fundamental human rights the observance of which the Court has a duty to ensure (see Case 149/77 Defrenne [1978] ECR 1365, paragraphs 26 and 27, and Case C-13/94 P. v S. [1996] ECR I-2143, paragraph 19). | 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 .
| 0 |
11,012 | 21. Concerning that form of investment, the Court has stated that national measures must be regarded as ‘restrictions’ within the meaning of Article 56(1) EC if they are liable to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see Commission v Germany , paragraph 19, and the case-law cited). | 36. Selon une jurisprudence constante, la détermination de la signification et de la portée des termes pour lesquels le droit de l’Union ne fournit aucune définition doit être établie conformément au sens habituel de ceux-ci dans le langage courant, tout en tenant compte du contexte dans lequel ils sont utilisés et des objectifs poursuivis par la réglementation dont ils font partie (voir, en ce sens, arrêts du 3 avril 2008, Endendijk, C‑187/07, Rec. p. I‑2115, point 15; du 22 janvier 2009, Association nationale pour la protection des eaux et rivières et OABA, C‑473/07, Rec. p. I‑319, points 23 et 24, ainsi que du 15 décembre 2011, Møller, C‑585/10, non encore publié au Recueil, point 25). | 0 |
11,013 | 56. Enfin, quant aux aides en cause à l’égard desquelles la République italienne estime qu’il n’y a pas lieu de procéder à leur récupération, il convient de rappeler que, si, conformément à la jurisprudence rappelée au point 36 du présent arrêt, il incombe à la Commission d’établir l’existence du manquement allégué à l’obligation de récupération, en apportant à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque, il appartient, en revanche, à l’État membre concerné, lorsque l’absence de récupération d’une partie ou de la totalité des aides concernées a été établie, de justifier les raisons pour lesquelles cette récupération ne serait pas requise (voir arrêt Commission/France, C‑37/14, EU:C:2015:90, point 71). | 71. Or, s’il incombe à la Commission, comme l’a fait valoir la République française, d’établir l’existence du manquement allégué à l’obligation de récupération, en apportant à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir en ce sens, notamment, arrêt Commission/Allemagne, C-209/00, EU:C:2002:747, point 38), il appartient, en revanche, à l’État membre concerné, lorsque l’absence de récupération d’une partie ou de la totalité des aides en cause a été établie, de justifier les raisons pour lesquelles cette récupération ne serait pas requise en ce qui concerne certains bénéficiaires. | 1 |
11,014 | 59
As regards, in the first place, the arguments relating to the need to prevent tax evasion, according to settled case-law, a national measure restricting the free movement of capital may be justified by such an overriding reason in the public interest 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 or to obtain a tax advantage on the profits generated by activities carried out on the national territory (see, to that effect, judgments of 17 September 2009, Glaxo Wellcome, C‑182/08, EU:C:2009:559, paragraph 89, and of 3 October 2013, C‑282/12, Itelcar, EU:C:2013:629, paragraph 34 and the case-law cited). | 55. Those natural persons are rightly presumed to benefit fully from the making available of that equipment, that is to say that they are deemed to take full advantage of the functions associated with that equipment, including copying. | 0 |
11,015 | 45. However, the Court has acknowledged that it is open to the institution concerned to base its decisions in that regard on general presumptions which apply to certain categories of documents, as considerations of a generally similar kind are likely to apply to requests for disclosure relating to documents of the same nature ( Sweden and Turco v Council , paragraph 50; Commission v Technische Glaswerke Ilmenau , paragraph 54; Sweden and Others v API and Commission , paragraph 74; Commission v Éditions Odile Jacob , paragraph 116; and Commission v Agrofert Holding , paragraph 57). | 57. Certainly, in order to justify refusing access to a document, it is not sufficient, in principle, for the document to fall within an activity or an interest referred to in Article 4(2) of Regulation No 1049/2001; the institution concerned must also explain how access to that document could specifically and actually undermine the interest protected by an exception laid down in that article. However, it is open to that institution to base its decisions in that regard on general presumptions which apply to certain categories of documents, as similar general considerations are likely to apply to requests for disclosure relating to documents of the same nature ( Commission v Technische Glaswerke Ilmenau , paragraphs 53 and 54, and the case-law cited). | 1 |
11,016 | 64. In order to achieve that objective of channelling into controlled circuits, the authorised operators must provide a reliable, but at the same time attractive, alternative to non-regulated activities, which may as such necessitate the offer of an extensive range of games, advertising on a certain scale, and the use of new distribution techniques ( Placanica and Others , paragraph 55, and Stoß and Others , paragraph 101). | 10 THE APPLICANT MAINTAINS THAT THE NOTIFICATION OF OBJECTIONS REFERRED TO IN ARTICLE 2 OF REGULATION NO 99/63 OF THE COMMISSION WAS DEFECTIVE BECAUSE IT WAS SIGNED NOT BY A MEMBER OF THE COMMISSION, BUT THE DIRECTOR-GENERAL FOR COMPTITION BY DELEGATION . | 0 |
11,017 | 27
In that context, the Court has in particular taken the view that the establishment of a selective distribution system which seeks to ensure that the goods are displayed in sales outlets in a manner that enhances their value contributes to the reputation of the goods at issue and therefore contributes to sustaining the aura of luxury surrounding them (see, to that effect, judgment of 23 April 2009, Copad, C‑59/08, EU:C:2009:260, paragraph 29). | 22 Second, it should be pointed out that the actual application by the Court of First Instance of that criterion to this case, as challenged by DKV, involves findings of a factual nature. As the Advocate General has pointed out at point 58 et seq. of his Opinion, the Court of First Instance has exclusive jurisdiction to find the facts, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. That appraisal thus does not, save where the clear sense of the evidence before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, inter alia, judgment in Joined Cases C-280/99 P to C-282/99 P Moccia Irme and Others v Commission [2001] ECR I-4717, paragraph 78 and order in Case C-323/00 P DSG v Commission [2002] ECR I-0000, paragraph 34). | 0 |
11,018 | 75. The Court has thus acknowledged in particular that, in the area of games and bets, excesses in which have damaging social consequences, national regulations seeking to prevent the stimulation of demand by limiting the human passion for gambling could be justified ( Schindler , paragraphs 57 and 58; Läärä and Others , paragraphs 32 and 33; and Zenatti , paragraphs 30 and 31). | 15 As has been stated above, the obligation to notify the competent agency at the latest upon the entry of the products into the undertaking, imposed by Article 18(1 ) of Regulation No 2192/82 as amended by Regulation No 3322/82, is essential for the proper functioning of the scheme of aids established . | 0 |
11,019 | 23 So far as Article 52 is concerned, the Court has already held, at point 4 of its judgment in Case 16/78 Choquet [1978] ECR 2293, that national rules relating to the issue and mutual recognition of driving licences by the Member States exert an influence, both direct and indirect, on the exercise of the rights guaranteed by the provisions of the Treaty relating to freedom of movement for workers, to freedom of establishment and to the freedom to provide services. In view of the importance of individual means of transport, possession of a driving licence duly recognized by the host State may affect the actual pursuit by persons subject to Community law of a large number of occupations for employed or self-employed persons and, more generally, freedom of movement. | 45. À titre liminaire, il convient de rappeler que, dans le domaine des contrôles et des sanctions des irrégularités commises au regard du droit de l’Union, le législateur de l’Union a, en adoptant le règlement n° 2988/95, posé une série de principes et exigé que, en règle générale, l’ensemble des règlements sectoriels, tels que les règlements n os 360/95 et 1623/2000, respectent ces principes (voir arrêts du 1 er juillet 2004, Gerken, C‑295/02, Rec. p. I‑6369, point 56, et du 21 juillet 2011, Beneo-Orafti, C‑150/10, non encore publié au Recueil, point 69). | 0 |
11,020 | 43. It must be added that the Hellenic Republic has also not pleaded the absolute impossibility of proceeding with the diligent performance of its obligations under Articles 2 and 3 of Decision 2003/372. It is apparent from the settled case-law of the Court that the condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant government merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real step to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, in particular, Case 94/87 Commission v Germany [1989] ECR 175, paragraph 10, and Case C‑499/99 Commission v Spain [2002] ECR I-6031, paragraph 25). | 23 That justification is not acceptable. It has not been established that the confinement of bottling to a specified area was, in itself, capable of affecting the quality of the wine. | 0 |
11,021 | 32. Concerning the second complaint in the case which gave rise to the judgment in Commission v Luxembourg , it follows from the operative part and paragraphs 23 and 33 of that judgment that the Commission alleged, in that complaint, that the Grand Duchy of Luxembourg had laid down rules relating to the conditions for land application of fertiliser to steeply sloping ground only where the ground was water-saturated, flooded, snow-covered for more than 24 hours or frozen, although it was necessary to adopt rules applicable irrespective of climatic conditions. | 29 As regards the comparative nature of advertising within the meaning of Directive 84/450 as amended, it is apparent from Article 2(2a) that the test is that comparative advertising identifies, explicitly or by implication, a competitor or goods or services offered by a competitor. | 0 |
11,022 | 24. A Member State which, pursuant to a decision of the Commission, is obliged to recover illegal aid is thus free to choose the means of fulfilling that obligation, provided that the measures chosen do not adversely affect the scope and effectiveness of Community law (see Case C-209/00 Commission v Germany , paragraph 34). | 36. It should also be borne in mind that, according to the structure of the system introduced by the Sixth Directive, input taxes on goods or services used by a taxable person for his taxable transactions may be deducted. The deduction of input taxes is linked to the collection of output taxes. Where goods or services are used for the purposes of transactions that are taxable as outputs, deduction of the input tax on them is required in order to avoid double taxation (see Case C‑184/04 Uudenkaupungin kaupunki [2006] ECR I‑3039, paragraph 24, and Case C‑72/05 Wollny [2006] ECR I‑8297, paragraph 20). | 0 |
11,023 | 42
Thirdly, it clearly follows from the schematic interpretation of the provisions in question adopted by the Court of Justice that, although the time limit set for the Commission to make its finding has been amended many times by the applicable rules, the EU legislature has, on each occasion, intended to impose on it a precise time limit, taking the view that it was in the interest of both the EU and its Member States that the end of the financial corrections procedure be foreseeable, which implies the setting of a predetermined time limit for adopting the final decision, while leaving the Commission sufficient time to adopt that decision (see, to that effect, judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 84 to 86 and 88, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 84 to 86 and 88). | 48. However, the latter analysis is not valid as regards consumption residues which cannot be regarded as ‘by-products’ of a manufacturing or extraction process which are capable of being reused as an integral part of the production process. | 0 |
11,024 | 55. Such an exemption would seriously interfere with the objective of Directive 85/337. Its effectiveness would be seriously compromised if the competent authorities of a Member State could, when deciding whether a project must be the subject of an environmental impact assessment, leave out of consideration that part of the project which is located in another Member State (see, by analogy, Case C‑227/01 Commission v Spain [2004] ECR I‑8253, paragraph 53). | 53. If the argument of the Spanish Government were upheld, the effectiveness of Directive 85/337 could be seriously compromised, since the national authorities concerned would need only to split up a long-distance project into successive shorter sections in order to exclude from the requirements of the Directive both the project as a whole and the sections resulting from that division. | 1 |
11,025 | 134. The essence of effective judicial protection must be that it should enable the person concerned to obtain a declaration from a court, by means of a judgment ordering annulment whereby the contested measure is retroactively erased from the legal order and is deemed never to have existed, that the listing of his name, or the continued listing of his name, on the list concerned was vitiated by illegality, the recognition of which may re‑establish the reputation of that person or constitute for him a form of reparation for the non-material harm he has suffered (see, to that effect, Abdulrahim v Council and Commission , paragraphs 67 to 84).
– The errors of law affecting the judgment under appeal | 28 The Court went on to state, in paragraphs 25 and 26 of that judgment, that in order to ascertain whether imports of a medicinal product constitute parallel imports the competent authority in the Member State of importation must verify that the two medicinal products have a common origin and, if not identical in all respects, have at least been manufactured according to the same formulation, using the same active ingredient, and have the same therapeutic effect. | 0 |
11,026 | 94. It should be noted that, according to settled case-law, the misuse of powers is the adoption by an institution of a measure with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (judgments in United Kingdom v Council , C‑84/94, EU:C:1996:431, paragraph 69; in Windpark Groothusen v Commission , C‑48/96 P, EU:C:1998:223, paragraph 52, and Swedish Match , C‑210/03, EU:C:2004:802, paragraph 75). | 27. Under Article 2(2a) of the directive, the key element of comparative advertising is the identification of a ‘competitor’ of the advertiser or of the goods and services which it offers. | 0 |
11,027 | 57. Overconsumption or incorrect use of medicinal products leads, moreover, to a waste of financial resources which is all the more damaging because the pharmaceutical sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for healthcare are not unlimited, whatever the mode of funding applied (see by analogy, with regard to hospital treatment, Case C‑385/99 Müller-Fauré and van Riet [2003] ECR I‑4509, paragraph 80, and Watts , paragraph 109). There is a direct link between those financial resources and the profits of businesses operating in the pharmaceutical sector because in most Member States the prescription of medicinal products is borne financially by the health insurance bodies concerned. | 29. In the case of the transaction at issue in the main proceedings, there is a direct link between the provision of retail vouchers by Astra Zeneca to its employees and the part of the cash remuneration which the employees must give up as consideration for that provision. | 0 |
11,028 | 70. The Court of Justice thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance has accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice ( Baustahlgewebe v Commission , paragraph 24, and General Motors v Commission , paragraph 52). | 65. As the situations are comparable, it follows that the rule laid down in Article 16(4) of Directive 2004/38 must also be applied by analogy to periods in the host Member State completed on the basis solely of a residence permit validly issued under Directive 68/360, without the conditions governing entitlement to a right of residence of any kind having been satisfied, which occurred before 30 April 2006 and after a continuous period of five years’ legal residence completed prior to that date. | 0 |
11,029 | 55. In addition, as the Hungarian Government also observes, if, in order to pass on the burden of the tax payable in connection with his own business to the following stage in the distribution or consumption process, a taxable person included that burden in his sale price, the basis of assessment for the HIPA would then include the tax itself, with the result that the HIPA would be calculated on an amount based on a sale price incorporating, in anticipation, the tax to be paid (see, by analogy, Banca Popolare di Cremona , paragraph 33). | 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 |
11,030 | 56. Moreover, it follows from the Court’s case-law, first, that failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual, such as a failure by the Commission to take the contested decision within the time-limit defined by the EU legislature, constitutes an infringement of essential procedural requirements (see judgments in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49; Spain v Commission , C‑192/13 P, EU:C:2014:2156, paragraph 103; and Spain v Commission , C‑197/13 P, EU:C:2014:2157, paragraph 103), and, secondly, that if the Court of the European Union finds, on examining the act at issue, that it was not regularly adopted, it must draw the necessary conclusions from the infringement of an essential procedural requirement and, consequently, annul the act vitiated by that defect (see judgments in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51; Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55; Spain v Commission , C‑192/13 P, EU:C:2014:2156, paragraph 103; and Spain v Commission , C‑197/13 P, EU:C:2014:2157, paragraph 103). | 60. That subsequent communication may take the form, not only of an express statement of the reasons, but also of information and relevant documents being made available in response to the request made. | 0 |
11,031 | 66. Equally, respect for the rights of the defence requires that the undertaking concerned must have been afforded the opportunity, during the administrative procedure, to make known its views on the truth and relevance of the facts and circumstances alleged and on the documents used by the Commission to support its claim that there has been an infringement of the Treaty (see Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 10, and Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 21). | 31. Il convient de relever que les cas dans lesquels il est permis de limiter l’obligation de paiement des institutions de garantie, tels que prévus par l’article 4 de la directive 80/987, telle que modifiée, doivent faire l’objet d’une interprétation stricte (voir, en ce sens, arrêt van Ardennen, précité, point 34). | 0 |
11,032 | 16 In those circumstances, it is particularly important that directives should be transposed by measures which are indisputably binding. In all cases where non-implementation of the measures required by a directive could endanger human health, the persons concerned must be in a position to rely on mandatory rules in order to be able to assert their rights (see, to this effect, Case C-361/88 Commission v Germany [1991] ECR I-2567, paragraph 16, Case C-59/89 Commission v Germany [1991] ECR I-2607, paragraph 19, and Case C-58/89 Commission v Germany [1991] ECR I-4983, paragraph 14). | 48. The retention of such a functional link between the various elements transferred allows the transferee to use them, even if they are integrated, after the transfer, in a new and different organisational structure, to pursue an identical or analogous economic activity (see, to that effect, Case C‑392/92 Schmidt [1994] ECR I‑1311, paragraph 17). | 0 |
11,033 | 47. According to settled case-law, the choice of the legal basis for a European Union measure must rest on objective factors amenable to judicial review, which include in particular the aim and content of the measure. If examination of a European Union measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of these is identifiable as the main or predominant purpose or component whereas the other is merely incidental, the measure must be founded on a single legal basis, namely that required by the main or predominant purpose or component (Case C-338/01 Commission v Council [2004] ECR I‑4829, paragraphs 54 and 55 and the case-law cited, and Case C-130/10 Parliament v Council [2012] ECR, paragraphs 42 and 43). | 41. En ce qui concerne la question de savoir si le régime de pension établi par le code relève du champ d’application de cette disposition du traité ou de celui de la directive 79/7, il convient de rappeler que, selon une jurisprudence constante, la notion de rémunération, telle qu’elle est délimitée à l’article 141, paragraphe 2, premier alinéa, CE, n’inclut pas les régimes ou prestations de sécurité sociale, notamment les pensions de retraite, directement réglés par la loi (voir, en ce sens, arrêts du 17 mai 1990, Barber, C‑262/88, Rec. p. I‑1889, point 22; Beune, précité, point 44, et du 25 mai 2000, Podesta, C‑50/99, Rec. p. I‑4039, point 24). | 0 |
11,034 | 33. The condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant Member State merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real steps to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, in particular, Joined Cases C‑485/03 to C‑490/03 Commission v Spain [2006] ECR I‑11887, paragraph 74; Commission v France , paragraph 46; and Commission v Italy , paragraph 36). | 31 Accordingly, without its being necessary to rule on the possible relevance of the grounds corresponding to a superior general interest for the purpose of classifying an SPA, the answer to the first part of the second question must be that Article 4(1) or (2) of the Birds Directive is to be interpreted as meaning that a Member State may not, when designating an SPA and defining its boundaries, take account of economic requirements as constituting a general interest superior to that represented by the ecological objective of that directive.
The second part of the second question | 0 |
11,035 | 24. Next, as Rohm Semiconductor and the European Commission submit, in order to ensure 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 their properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, judgments in Peacock , C‑339/98, EU:C:2000:573, paragraph 9; Codirex Expeditie , C‑400/06, EU:C:2007:519, paragraph 16 and the case-law cited; and Sysmex Europe , C‑480/13, EU:C:2014:2097, paragraph 29). | 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 |
11,036 | 50. In those circumstances, provisions of the kind at issue in the main proceedings result in discrimination against female workers by comparison with male workers and must in principle be treated as contrary to Articles 2(1) and 5(1) of Directive 76/207. It would be otherwise only if the difference of treatment found to exist between the two categories of worker were justified by objective factors unrelated to any discrimination based on sex (see, in that regard, Case 171/88 Rinner-Kühn [1989] ECR 2743, paragraph 12; Case C-457/93 Lewark [1996] ECR I-243, paragraph 31; Case C-243/95 Hill and Stapleton [1998] ECR I-3739, paragraph 34; and Case C-226/98 Jørgensen [2000] ECR I-2447, paragraph 29). | 32. As regards the existence of a single complex supply in the main proceedings, it is necessary to examine whether the facilities in the aquatic park at issue form a whole so that access to the whole constitutes a single supply which it would be artificial to split. In that regard, if, as in this case, the only type of entrance ticket offered for the aquatic park gives access to all of the facilities, without any distinction according to the type of facility actually used and to the manner and to the duration of its use during the period of the entrance ticket’s validity, that fact constitutes a strong indication of the existence of a single complex supply. | 0 |
11,037 | 78 Nevertheless, that shows, at most, that negotiations took place between Exportkhleb and each applicant before each of the contracts was concluded. On the other hand, also taking into account the foregoing, it does not show that the price in question was the result of at least three undertakings independent of each other having competed for each of the contracts to be awarded.'
The claim for damages
36 Having rejected the pleas in law put forward in support of the applications for annulment, the Court of First Instance concluded, at paragraph 126 of the judgment under appeal, that Glencore and Compagnie Continentale had failed to prove `any wrongful conduct on the part of the Commission'. Consequently, it rejected the application for compensation for the material damage alleged.
37 The actions in Cases T-491/93, T-494/93 and T-61/98 were therefore dismissed in their entirety.
The appeals
38 By their appeals the appellants claim that the Court should set aside the judgment under appeal, annul the contested decision, refer the cases back to the Court of First Instance to rule on the claims for damages brought before it and order the Commission to pay the costs, including those at first instance.
39 The Commission contends that the appeals should be dismissed and the appellants ordered to pay the costs.
40 In support of their appeals the appellants argue, first of all, that the Court of First Instance erred in law by restricting its review to the single condition relating to observance of the principle of free competition in concluding the contracts and by finding that the riders to the contracts were concluded in breach of that condition. Next, they complain that the Court failed to apply Article 68(1) of its Rules of Procedure by failing to summon witnesses. Lastly, they maintain that the Court was wrong to deny them the damages they sought by way of compensation.
Restriction of the review to the condition relating to free competition
Arguments of the parties
41 The appellants maintain that the Court of First Instance erred in law by finding, at paragraph 57 of the judgment under appeal, that the condition relating to the price agreed and the condition concerning adherence to the precepts of free competition in the conclusion of the contracts were cumulative. They take the contrary view that the two conditions are inextricably linked, the condition relating to prices on the international markets making it possible to check whether the condition relating to free competition has been complied with, those prices reflecting, according to the applicants, the results of world-wide free and fair competition.
42 The Commission submits that it is clear from Article 5 of Regulation No 1897/92 that the two conditions are different in nature, the condition relating to free competition concerning the procedure for the conclusion of the contracts, and the condition relating to international market prices concerning the content of the contracts. The Court thus rightly considered them to be cumulative.
Findings of the Court
43 Under Article 5(1) and (2) of Regulation No 1897/92 two conditions must be satisfied in order for the Commission to be able to approve the funding of the purchases to be made by the Republics of the former Soviet Union and the supply of the goods to them. Article 5 requires that `the contract [is] awarded following a procedure guaranteeing free competition' and that `the contract offers the most favourable terms of purchase in relation to the price normally obtained on the international markets'.
44 As has been pointed out by the Commission and by the Advocate General, in point 50 of his Opinion, it is clear from the wording of Article 5(1) and (2) of Regulation No 1897/92 that, by contrast with the condition relating to international market prices, the condition relating to free competition must be understood as a procedural, rather than a substantive rule.
45 Thus, having rightly taken the view that the two conditions mentioned in paragraph 43 of the present judgment were cumulative, the Court of First Instance was entitled to restrict its review to the single condition relating to free competition.
46 The first plea in law must therefore be rejected as unfounded.
The findings of the Court of First Instance on observance of the principle of free competition
Arguments of the parties
47 The appellants complain that the Court of First Instance found that it had not been shown that the Commission had made any error in concluding that the principle of free competition had not been observed when the riders to the contracts were concluded.
48 This plea has four parts.
49 First of all, according to the appellants, the Court was wrong to find, at paragraph 68 of the judgment under appeal, that the condition relating to observance of the principle of free competition required, for each contract, that offers be submitted from at least three independent undertakings. Neither Decision 91/658 nor Regulation No 1897/92 imposes such a requirement.
50 The Commission, on the other hand, submits that that requirement is indeed set out in Article 5(1) of Regulation No 1897/92, the seventh indent of Article 7 of the Memorandum of Understanding and Clause 5.1(a), read together with Schedule 2-A, of the loan agreement.
51 Secondly, the appellants argue that the Court of First Instance erred in holding, at paragraph 67 of the judgment under appeal, that `[t]he legality of the decision must be assessed in the light of all the rules needing to be complied with by the Commission in the matter, including those relating to the agreements concluded with the Russian authorities'. To make such an assertion is tantamount to making contractual conditions contained in unpublished documents capable of operating against third parties.
52 According to the Commission, it was for the Court of First Instance to make an objective assessment of the legality of the contested decision in the light of all the rules needing to be complied with by the Commission, including those contained in the Memorandum of Understanding.
53 Thirdly, the appellants complain that the Court failed to take account of the Commission's administrative practice and the obligations arising therefrom and of the rights of the defence. They maintain that the Commission ought, in accordance with its administrative practice, to have requested from them other documents in addition to the amended contracts and ought to have conducted a more thoroughgoing enquiry, rather than simply wait passively for information to be supplied to it.
54 The Commission maintains that this plea, unconnected with any issue of public policy, was not put forward at first instance and must therefore be regarded as a new plea and rejected as inadmissible. In any event, the appellants have failed to show in what way the Commission departed from its usual administrative practice or failed to have regard for the rights of the defence.
55 Fourthly, the appellants argue that the Court of First Instance's evaluation of the evidence of observance of the principle of free competition was inaccurate. The Court ought to have taken account of the particular characteristics of the tenders at issue, which were needed to answer an emergency. The requirements to be filled were so enormous that no single trader could ever have satisfied them. The riders ought therefore to have been regarded as parallel to and connected with the contracts, rather than separate from them as the Court found in paragraphs 68 and 74 of the judgment under appeal. Exportkhleb did indeed solicit offers from more than three suppliers: it called eleven cereal traders, all of them competing in the wheat market, to a meeting on 22 and 23 February 1993 in Brussels. Seven of the eleven put forward an offer, five of those entered into simultaneous contracts with Exportkhleb and four traders refrained from making any offer, for reasons unknown. Lastly, Exportkhleb managed to ensure that the riders to the contracts were concluded at the lowest of the prices offered by those traders. All of the foregoing is evidence that there was free competition. That being so, the appellants take the view that the Court of First Instance ought to have inferred from the telefax sent by Exportkhleb to the Commission on 9 March 1993, which mentioned that seven offers had been received from cereal traders as a result of invitations addressed to eleven traders, that the condition relating to free competition had been satisfied.
56 According to the Commission, it is clear from paragraph 74 of the judgment under appeal that the Court of First Instance reviewed the telefax of 9 March 1993 thoroughly and concluded that it provided `no proof that each rider was concluded after competing offers had been solicited from at least three undertakings independent of each other'.
Findings of the Court
57 As regards the obligation to have competing offers from at least three undertakings in order to ensure compliance with the condition relating to free competition, suffice it to observe that that condition is explicitly set out in Article 5(1) of Regulation No 1897/92: `The contract [must be] awarded following a procedure guaranteeing free competition. To this end, the purchasing organisations of the Republics shall, when selecting supplier firms within the Community, seek at least three offers from firms independent of each other and shall, when selecting supplier firms in the non-Community supplier countries, seek at least three offers from firms independent of each other ...'.
58 In this case, however, at paragraph 68 of the judgment under appeal, the Court of First Instance found, in the exercise of its exclusive jurisdiction, that `[t]he riders concluded with the various Community undertakings constitute, in relation to one another, specific contracts, each of them requiring the Commission's authorisation'. It follows that the Court was right to hold that, for each of the contracts, three independent offers had to be sought and, as it found at paragraph 74 of the judgment under appeal, that had not been the case.
59 The first part of the second plea must therefore be dismissed as unfounded.
60 As regards the consideration given by the Court of First Instance, in the context of its review of the legality of the contested decision, to the contracts concluded with the Russian authorities, it is evident that the obligations arising from the Memorandum of Understanding, or even from the loan agreement, themselves constitute the implementation of Decision 91/658 and Regulation No 1897/92, both of which have been published. The conditions relating to international market prices and free competition, which are at the centre of the present dispute, are set out in Article 5 of Regulation No 1897/92.
61 Consequently, the second part of the second plea must also be rejected as being of no effect.
62 As regards the complaint that the Court of First Instance failed to check whether the Commission had followed its usual administrative practice and had had regard for the rights of the defence, suffice it to observe that that complaint was not raised at first instance. To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would be to allow it to bring before the Court, whose jurisdiction in appeals is limited, a dispute of wider ambit than that which came before the Court of First Instance. In an appeal the Court's jurisdiction is confined to review of the findings of law on the pleas argued before the Court of First Instance (see, inter alia, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 59, and Case C-7/95 P Deere v Commission [1998] ECR I-3111, paragraph 62).
63 Consequently, the third part of the second plea must be rejected as inadmissible.
64 Coming to the fourth part of the second plea, it is appropriate to point out that the appellants seek by their arguments to challenge the determination and assessment of the facts which led the Court of First Instance to find that the Commission was entitled to take the view that the condition relating to observance of the precepts of free competition had not been satisfied.
65 Under Article 225 EC and the first paragraph of Article 51 of the EC Statute of the Court of Justice the latter thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24). That appraisal does not therefore constitute, save where the clear sense of the evidence has been distorted, a point of law which is subject as such to review by the Court of Justice.
66 In the present case the Court of First Instance began by finding, at paragraphs 69 and 70 of the judgment under appeal, that the telex sent by Exportkhleb to the appellants inviting them to attend a meeting in Brussels on 22 and 23 February 1993, `which was worded in a general way and which did not state, in particular, the quantities to be supplied or the delivery terms', could not be regarded as proof that each undertaking, prior to concluding the riders, had been required to compete with at least two undertakings independent of each other.
67 Next, the Court noted, at paragraph 71 of the judgment under appeal, that extracts from the trade press produced by the appellants also failed to provide that proof.
68 Lastly, as regards the telefax which Exportkhleb sent to the Commission on 9 March 1993 in order to inform the Commission of the changes made to the contracts, the Court of First Instance held, at paragraph 74 of the judgment under appeal, that that too failed to show that each rider had been concluded after competing offers had been solicited from at least three undertakings independent of each other. In this connection, the Court held that `[i]n respect of each contract, mention was made only of the bid submitted by the undertaking to which the contract was awarded and the terms agreed following the negotiations between Exportkhleb and the undertaking in question. In relation to each of those contracts, no indication is given of at least two other responses, even negative ones, having been given to the invitations to submit offers. The telefax merely states that each undertaking had concluded with Exportkhleb a contract corresponding to the tonnage still to be delivered by it as at the date of the meeting in Brussels. In actual fact, although offers were indeed annexed to the telefax of 9 March 1993, these were separate offers for separate contracts, and not for one and the same contract.'
69 The Court of First Instance also stated, at paragraph 78 of the judgment under appeal, that although the price agreed with Exportkhleb was the lowest offered, that shows, at most, that `negotiations took place between Exportkhleb and each applicant before each of the contracts was concluded'. It does not show that the price was `the result of at least three undertakings independent of each other having competed for each of the contracts to be awarded'.
70 The appellants have thus failed to show in what way those findings indicate that the clear sense of the evidence submitted to the Court was distorted.
71 Consequently, the fourth part of the second plea must also be rejected as inadmissible.
72 In view of the foregoing, the second plea must be rejected in its entirety.
Infringement of Article 68(1) of the Rules of Procedure of the Court of First Instance
Arguments of the parties
73 The appellants maintain that the Court of First Instance infringed Article 68(1) of its Rules of Procedure by failing to summon witnesses such as Exportkhleb or one or more of the traders who attended the meeting in Brussels on 22 and 23 February 1993. Had it heard witness evidence, the Court would have been in a position to see that those traders had been competing with a considerable number of other traders.
74 The Commission argues that there is no indication in the documents before the Court that the appellants asked the Court of First Instance to call witnesses. In any event, the appellants failed to state precisely about what facts and for what reasons the witnesses should be examined, as is required by the third subparagraph of Article 68(1) of the Rules of Procedure of the Court of First Instance.
75 The Commission adds that Article 68(1) confers a discretion on the Court of First Instance in deciding whether or not it is appropriate to call witnesses. Its decision is amenable to challenge in the context of an appeal only if it can be shown that not calling witnesses was manifestly unreasonable.
Findings of the Court
76 Under Article 68(1) of the Rules of Procedure of the Court of First Instance:
`The Court of First Instance may, either of its own motion or on application by a party, and after hearing the Advocate General and the parties, order that certain facts be proved by witnesses. The order shall set out the facts to be established.
The Court of First Instance may summon a witness of its own motion or on application by a party or at the instance of the Advocate General.
An application by a party for the examination of a witness shall state precisely about what facts and for what reasons the witness should be examined.'
77 It must be pointed out, first, that the Court of First Instance cannot be required to call witnesses of its own motion, since Article 66(1) of its Rules of Procedure makes clear that it is to prescribe such measures of inquiry as it considers appropriate by means of an order setting out the facts to be proved (see Baustahlgewebe v Commission, cited above, paragraph 77). The Court of First Instance is thus the sole judge of whether it is necessary to supplement the information available to it concerning the cases before it (see, inter alia, Case C-315/99 P Ismeri Europa v Court of Auditors [2001] ECR I-5281, paragraph 19).
78 Moreover, whether or not the evidence before it is convincing is a matter to be appraised by it alone and is not subject to review by the Court of Justice on appeal, as has been pointed out in paragraph 65 of the present judgment, except where the clear sense of the evidence submitted has been distorted or the substantive inaccuracy of the Court of First Instance's findings is apparent from the documents in the case-file (Ismeri Europa v Court of Auditors, cited above, paragraph 19). | 17 IN THOSE CIRCUMSTANCES, IT MUST BE HELD THAT AS COMMUNITY LAW NOW STANDS, THERE IS NO REASON WHY THE MEMBER STATES, IN THE CONTEXT OF THEIR POWERS IN REGARD TO PUBLIC WORKS CONTRACTS, SHOULD NOT FIX A MAXIMUM VALUE FOR WORKS WHICH MAY BE CARRIED OUT AT ONE TIME . | 0 |
11,038 | 54. The national court or tribunal is also under such an obligation where, under the domestic legal system, it has a discretion whether to consider of its own motion whether such a clause is in conflict with national rules of public policy (see, to that effect, van Schijndel and van Veen , paragraphs 13, 14 and 22, and Kempter , paragraph 45). | 13 The competition rules mentioned by the national court are binding rules, directly applicable in the national legal order. Where, by virtue of domestic law, courts or tribunals must raise of their own motion points of law based on binding domestic rules which have not been raised by the parties, such an obligation also exists where binding Community rules are concerned (see, in particular, the judgment in Case 33/76 Rewe v Landwirtschaftskammer fuer das Saarland [1976] ECR 1989, paragraph 5). | 1 |
11,039 | 63. Or, il est de jurisprudence constante que l’application des règlements de l’Union ne saurait être étendue jusqu’à couvrir des pratiques abusives d’opérateurs économiques (arrêts du 11 octobre 1977, Cremer, 125/76, Rec. p. 1593, point 21, et du 11 janvier 2007, Vonk Dairy Products, C‑279/05, Rec. p. I‑239, point 31). | 45 However, there is nothing in Regulation No 2081/92 to indicate that such geographical indications of source cannot be protected under the national legislation of a Member State. | 0 |
11,040 | 50. Called on to rule on the question whether the provision of the Brussels Convention corresponding to Article 27 of Regulation No 44/2001, namely Article 21 thereof, authorises or requires the court second seised to examine the jurisdiction of the court first seised, the Court has held, without prejudice to the case where the court other than the court first seised has exclusive jurisdiction under the Brussels Convention and in particular under Article 16 thereof, that Article 21 concerning lis pendens must be interpreted as meaning that, where the jurisdiction of the court first seised is contested, the court other than the court first seised may, if it does not decline jurisdiction, only stay the proceedings and may not itself examine the jurisdiction of the court first seised (see Case C‑351/89 Overseas Union Insurance and Others [1991] ECR I‑3317, paragraphs 20 and 26). | 36 It must first be noted that, according to settled case-law, the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed (Case C-41/90 Höfner and Elser [1991] ECR I-1979, paragraph 21; Case C-244/94 Fédération Française des Sociétés d'Assurances and Others v Ministère de l'Agriculture et de la Pêche [1995] ECR I-4013, paragraph 14; and Case C-55/96 Job Centre [1997] ECR I-7119, paragraph 21), and that any activity consisting in offering goods and services on a given market is an economic activity (Case 118/85 Commission v Italy [1987] ECR 2599, paragraph 7). | 0 |
11,041 | 44. It is clear from the very wording of those provisions that the derogation set out in Article 4 of the First Directive must be strictly interpreted, as a derogation or exception to a general rule must be interpreted narrowly (see, by analogy, Case C‑140/02 Anastasiou and Others [2003] ECR I‑10635, paragraph 54; Case C‑337/06 Bayerischer Rundfunk and Others [2007], ECR I‑11173, paragraph 64, and Case C‑111/09 ČPP Vienna Insurance Group [2010] ECR I‑0000, paragraph 23). | 11 It is apparent from the order for reference that Jersey is a semi-autonomous dependency of the British Crown, which is represented in Jersey by the Lieutenant Governor. The United Kingdom Government, on behalf of the Crown, is responsible for defence and international relations. | 0 |
11,042 | 27
According to settled case-law of the Court, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions. Provisions of EU law must be interpreted and applied uniformly in the light of the versions established in all the languages of the European Union. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the general scheme and the purpose of the rules of which it forms part (judgment in GSV, C‑74/13, EU:C:2014:243, paragraph 27 and the case-law cited). | 22 The fact that the rates of pay at issue are decided by collective bargaining processes conducted separately for each of the two professional groups concerned, without any discriminatory effect within each group, does not preclude a finding of prima facie discrimination where the results of those processes show that two groups with the same employer and the same trade union are treated differently. If the employer could rely on the absence of discrimination within each of the collective bargaining processes taken separately as sufficient justification for the difference in pay, he could, as the German Government pointed out, easily circumvent the principle of equal pay by using separate bargaining processes. | 0 |
11,043 | 73. In the absence of such Community harmonisation, it is in principle for the Member States to decide on the degree of protection which they wish to afford to such legitimate interests and on the way in which that protection is to be achieved. They may do so, however, only within the limits set by the Treaty and must, in particular, observe the principle of proportionality, which requires that the measures adopted be appropriate to secure the attainment of the objective which they pursue and not go beyond what is necessary in order to attain it (see Commission v Portugal , paragraph 49; Commission v France , paragraph 45; Commission v Belgium , paragraph 45; Commission v Spain , paragraph 68; Commission v Italy , paragraph 35; and Commission v Netherlands , paragraph 33). | 68. The free movement of capital, as a fundamental principle of the Treaty, may be restricted only by national rules which are justified by reasons referred to in Article 58(1) EC or by overriding requirements of the general interest. Furthermore, in order to be so justified, the national legislation must be suitable for securing the objective which it pursues and must not go beyond what is necessary in order to attain it, so as to accord with the principle of proportionality (see, to that effect, Commission v Portugal , paragraph 49, Commission v France , paragraph 45, and Commission v Belgium , paragraph 45). | 1 |
11,044 | 58. Il ressort de l’article 58 du statut de la Cour que les moyens du pourvoi doivent être fondés sur des arguments tirés de la procédure devant le Tribunal. En outre, selon l’article 170, paragraphe 1, du règlement de procédure de la Cour, le pourvoi ne peut modifier l’objet du litige devant le Tribunal. La compétence de la Cour, dans le cadre du pourvoi, est donc 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 (voir, en ce sens, arrêts du 29 septembre 2011, Elf Aquitaine/Commission, C-521/09 P, non encore publié au Recueil, point 35, et du 3 mai 2012, Legris Industries/Commission, C-289/11 P, non encore publié au Recueil, point 33). | 40 Whilst, in these circumstances, the conclusion that the trade mark owner may not rely on his rights as owner in order to oppose the marketing under his trade mark of products repackaged by an importer is essential in order to ensure the free movement of goods, it does nevertheless confer on the importer certain rights which, in normal circumstances, are reserved for the trade mark owner himself. | 0 |
11,045 | 61. It is to be noted that such judicial review proceedings, which would enable Unibet to obtain a judicial decision that those provisions are incompatible with Community law, constitute a legal remedy securing effective judicial protection of its rights under Community law (see, to that effect, Heylens , paragraph 14, and Case C-340/89 Vlassopoulou [1991] ECR I-2357, paragraph 22). | 42. Il y a lieu de relever, à cet égard, que les règles interdisant des restrictions à la liberté d’établissement énoncées à l’article 31 de l’accord EEE sont identiques à celles qu’impose l’article 49 TFUE. La Cour a ainsi précisé que, dans le domaine considéré, les règles édictées par l’accord EEE et celles qui le sont par le traité FUE doivent faire l’objet d’une interprétation uniforme (arrêt Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 24 et jurisprudence citée). | 0 |
11,046 | 8 It must first be noted that the Community legislation on the additional levy on milk did not originally contain any specific provision for the grant of a reference quantity to producers who had not, pursuant to an undertaking given under Regulation No 1078/77, delivered milk during the reference year adopted by the Member State concerned . However, in its judgments in Case 120/86 Mulder [1988] ECR 2321, paragraph 28, and Case 170/86 von Deetzen [1988] ECR 2355, paragraph 17, the Court declared those provisions invalid for breach of the principle of legitimate expectations in so far as they did not provide for the allocation of such a reference quantity . | 51. In the light of that context, the General Court was entitled to hold that Mr Anbouba’s position in Syrian economic life, his position as the president of SAPCO, his important functions within both Cham Holding and the Chamber of Commerce and Industry of Homs and his relations with a member of the family of President Bashar Al-Assad constituted a set of indicia sufficiently specific, precise and consistent to establish that he provided economic support for the Syrian regime. | 0 |
11,047 | 58
In that regard, while a mere finding of disparities between national rules is not sufficient to justify having recourse to Article 114 TFEU, it is otherwise where there are differences between the laws, regulations or administrative provisions of the Member States which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market (see, to that effect, judgments in Germany v Parliament and Council, C‑376/98, EU:C:2000:544, paragraphs 84 and 95; British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraphs 59 and 60; Arnold André, C‑434/02, EU:C:2004:800, paragraph 30; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 29; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 37; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 32). | 30. En deuxième lieu, ainsi que l’a relevé M me l’avocat général au point 48 de ses conclusions, aux fins d’apprécier le point de savoir si un acte réglementaire comporte des mesures d’exécution, il y a lieu de s’attacher à la position de la personne invoquant le droit de recours au titre de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE. Il est donc sans pertinence de savoir si l’acte en question comporte des mesures d’exécution à l’égard d’autres justiciables. | 0 |
11,048 | 85. By contrast, for the purposes of showing that, before or at the same time as conferring the advantage, the Member State took that decision as a shareholder, it is not enough to rely on economic evaluations made after the advantage was conferred, on a retrospective finding that the investment made by the Member State concerned was actually profitable, or on subsequent justifications of the course of action actually chosen (see, to that effect, France v Commission , paragraphs 71 and 72). | 19 Article 33 of the Sixth Directive accordingly permits a Member State to maintain or introduce taxes, duties or charges on the supply of goods, the provision of services or imports only if they cannot be characterised as turnover taxes. | 0 |
11,049 | 31. It should be added that the restrictive approach taken by the national legislature also cannot be justified by the joint statement of the Council and the Commission referred to in paragraph 20 of this judgment. It is settled case-law that, where a statement recorded in Council minutes is not referred to in the wording of a provision of secondary legislation, it cannot be used for the purpose of interpreting that provision (Case C‑292/89 Antonissen [1991] ECR I‑745, paragraph 18; Case C‑375/98 Epson Europe [2000] ECR I‑4243, paragraph 26; and Case C-402/03 Skov and Bilka [2006] ECR I-199, paragraph 42). | 14THE GUARANTEE OF ORIGIN WOULD IN FACT BE JEOPARDIZED IF IT WERE PERMISSIBLE FOR A THIRD PARTY TO AFFIX THE MARK TO THE PRODUCT , EVEN TO AN ORIGINAL PRODUCT .
| 0 |
11,050 | 55. First of all, in the absence of harmonisation of a profession, Member States remain, in principle, competent to define the exercise of that profession but must, when exercising their powers in this area, respect the basic freedoms guaranteed by the Treaty (see, in particular, Case C-58/98 Corsten [2000] ECR I-7919, paragraph 31; Case C-108/96 Mac Quen and Others [2001] ECR I-837, paragraph 24; and Case C-294/00 Gräbner [2002] ECR I‑6515, paragraph 26). | 93. S’agissant du maintien de la biodiversité, la Cour a jugé que les mesures de préservation d’une population animale indigène qui présente des caractéristiques distinctes contribuent à maintenir la biodiversité en garantissant la subsistance de la population concernée. Ce faisant, elles visent à protéger la vie de ces animaux et sont susceptibles d’être justifiées en vertu de l’article 30 CE (arrêt Bluhme, précité, point 33). | 0 |
11,051 | 30 In that respect, the case-law has consistently held that all the provisions of Regulation No 1408/71 are to be interpreted in the light of the objective of Article 51 of the Treaty, which is to contribute, by means, inter alia, of the aggregation of insurance, residence or employment periods, to establishment of freedom of movement for workers (to that effect, see Case C-406/93 Reichling v INAMI [1994] ECR I-4061, paragraph 21; Case C-481/93 Moscato v Bestuur van de Nieuwe Algemene Bedrijfsvereniging [1995] ECR I-3525, paragraph 27; Case C-482/93 Klaus v Bestuur van de Nieuwe Algemene Bedrijfsvereniging [1995] ECR I-3551, paragraph 21). | 47. By way of a preliminary point, it must be recalled that a trader’s choice between exempt transactions and taxable transactions may be based on a range of factors, including tax considerations relating to the VAT system. Where the taxable person chooses one of two transactions, the Sixth Directive does not require him to choose the one which involves paying the highest amount of VAT. On the contrary, taxpayers may choose to structure their business so as to limit their tax liability ( Halifax and Others , paragraph 73). | 0 |
11,052 | 28. In order to reply to the question asked, it must be emphasised that the system established by Article 267 TFEU with a view to ensuring that European Union law is interpreted uniformly throughout the Member States instituted direct cooperation between the Court of Justice and the national courts by means of a procedure which is completely independent of any initiative by the parties (Case C-261/95 Palmisani [1997] ECR I-4025, paragraph 31; Case C-2/06 Kempter [2008] ECR I‑411, paragraph 41; and Case C-210/06 Cartesio [2008] ECR I‑9641, paragraph 90). | 76
As stated by the Advocate General in point 87 of her Opinion, the fact that installations which generate heat themselves and installations which obtain heating from cogeneration installations are treated in the same way facilitates the management of use of heat in the context of the free allocation of allowances. In principle, it is not necessary to verify how much heating individual installations obtain and from which sources to be able to allocate allowances to those installations. Moreover, that mechanism contributes to the attainment of the objective of promoting the use of techniques such as cogeneration since, by procuring heating from cogeneration installations, industrial installations save allowances which they can sell. | 0 |
11,053 | 114. As regards the principle of effectiveness, the Court has held that it is compatible with EU law to lay down reasonable time-limits for bringing proceedings, in the interests of legal certainty, which protects both the taxpayer and the administration concerned. Such time-limits do not make it in practice impossible or excessively difficult to exercise the rights conferred by EU law ( Meilicke and Others , EU:C:2011:438, paragraph 56 and the case-law cited). | 83. Il s’agit donc d’une limite, uniformément applicable à toutes les entreprises et articulée en fonction de la taille de chacune d’elles, visant à éviter des amendes d’un niveau excessif et disproportionné. Cette limite supérieure a ainsi un objectif distinct et autonome par rapport à celui des critères de gravité et de durée de l’infraction (arrêt Dansk Rørindustri e.a./Commission, précité, points 281 et 282). | 0 |
11,054 | 19. In that regard, the Court has held that Directive 2002/74 has direct effect in the event of non-transposition only in respect of insolvencies arising after 8 October 2005 (Case C-246/06 Velasco Navarro [2008] ECR I-105, paragraphs 27 to 29). | 72. The existence of a restriction on the freedom to provide services having been established, it needs to be determined whether the Portuguese rules at issue can be justified in the light of overriding reasons and, in such a case, in accordance with settled case-law, to make sure that they do not exceed what is objectively necessary for that purpose and that the same result cannot be achieved by less restrictive rules (see Case 205/84 Commission v Germany [1986] ECR I‑3755, paragraphs 27 and 29; Case C-180/89 Commission v Italy [1991] ECR I‑709, paragraphs 17 and 18; and Case C-106/91 Ramrath [1992] ECR I‑3351, paragraphs 30 and 31).
– Maintaining the financial balance of the social security system | 0 |
11,055 | 25 In Emmott the Court did indeed hold that so long as a directive has not been properly transposed into national law individuals are unable to ascertain the full extent of their rights (paragraph 21) and that consequently, until the directive has been properly transposed, a defaulting Member State may not rely on an individual' s delay in initiating proceedings against it in order to protect rights conferred upon him by the provisions of the directive and that a period laid down by national law within which proceedings must be initiated cannot begin to run before that time (paragraph 23). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,056 | 25. Since the Commission and the United Kingdom are not in full agreement on the meaning of the term ‘eutrophication’ defined in Article 2(11) of Directive 91/271, it is appropriate, before examining the complaints set out by the Commission in its action, to note the meaning of that term, as explained by the Court in paragraphs 12 to 25 of the judgment in Case C-280/02 Commission v France [2004] ECR I‑8573. | 52. The answer to Question 2(a) and (b) must therefore be that, where a contracting authority intends to conclude a contract for pecuniary interest relating to services within the material scope of Directive 92/50 with a company legally distinct from it, in whose capital it has a holding together with one or more private undertakings, the public award procedures laid down by that directive must always be applied. | 0 |
11,057 | 68. However, according to settled case-law, for an argument based on such a justification to succeed, a direct link must be established between the tax concession concerned and the offsetting of that concession by a particular tax levy (see, to that effect, Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 40; Case C-347/04 Rewe Zentralfinanz [2007] ECR I‑2647, paragraph 62; and Case C-443/06 Hollmann [2007] ECR I-0000, paragraph 56). | 57. The first sentence of Article 5(1) of Directive 89/104 provides that the registered trade mark is to confer on the proprietor exclusive rights therein. By virtue of Article 5(1)(a) of that directive, those exclusive rights entitle the proprietor to prevent all third parties not having his consent from using, in the course of trade, any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered. | 0 |
11,058 | 42. Moreover, it would also appear from the documents before the Court that, in accordance with Article 14 TFEU, Article 1 of Protocol (No 26) on services of general interest annexed to the FEU Treaty, and the Court’s established case-law, licensed chimney sweeps in the Land of Corinthia are required to perform, in accordance with that public service obligation, fire safety regulation tasks for the benefit of all users in the area allocated to them, in such a way as to ensure equality of access to services, charging uniform tariff rates, the maximum amount of which is set by order of the governor of that Land (see, by analogy, judgments in Fallimento Traghetti del Mediterraneo , C‑140/09, EU:C:2010:335, paragraph 38, and Femarbel , C‑57/12, EU:C:2013:517, paragraph 47), and ensuring similar quality conditions, irrespective of the specific situations or the degree of economic profitability of each individual operation (see, to that effect, judgment in Corbeau , C‑320/91, EU:C:1993:198, paragraph 15). | 52
Moreover, it is clear from the Court’s case-law that a worker who has not been able, for reasons beyond his control, to exercise his right to paid annual leave before termination of the employment relationship is entitled to an allowance in lieu under Article 7(2) of Directive 2003/88. The amount of that payment must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship (judgment of 20 January 2009, Schultz-Hoff and Others, C‑350/06 and C‑520/06, EU:C:2009:18, paragraph 61). | 0 |
11,059 | 77. That objective can be achieved without any need to lay down an obligation of reinvestment within the territory of the Member State concerned. That objective would be similarly achieved if the taxable person were to choose to reinvest the capital gains resulting from the sale of the replaced asset for the purposes of acquiring a replacement asset forming part of the assets of a permanent establishment located within the territory of another Member State rather than within Germany. Notwithstanding the categorisation, for tax purposes, of a permanent establishment located outside the national territory, under conventional tax law, and the tax treatment of the replacement asset under that law, the replacement asset would, in any event, be linked to the economic activity of the taxable person and would, therefore, contribute to enhancing the promotion of investment in the undertaking and the restructuring of that undertaking and could, accordingly, guarantee the continuity of that economic activity (see, to that effect, judgment in Commission v Portugal , C‑345/05, EU:C:2006:685, paragraphs 31 to 33 and 35). | 11 PAR CONSEQUENT, DANS LE CADRE DE LA FORMULE B, LE PRELEVEMENT N' EST PAS DU LORSQUE L' AUGMENTATION DES LIVRAISONS D' UN PRODUCTEUR AFFILIE A UNE LAITERIE EST COMPENSEE PAR UNE DIMINUTION CORRESPONDANTE DES LIVRAISONS D' AUTRES PRODUCTEURS AFFILIES A LA MEME LAITERIE, DE TELLE SORTE QUE LE TOTAL DES QUANTITES ACHETEES PAR CELLE-CI RESTE DANS LES LIMITES DE SA QUANTITE DE REFERENCE . LA PERCEPTION DU PRELEVEMENT SE RATTACHE DONC, DANS LE CADRE DE CETTE FORMULE, A LA QUANTITE DE REFERENCE DE LA LAITERIE, DONT LE DEPASSEMENT CONSTITUE LE FAIT GENERATEUR DE CETTE CHARGE, ALORS QUE LA QUANTITE INDIVIDUELLE DES PRODUCTEURS N' EST PRISE EN CONSIDERATION QU' AUX SEULES FINS DE LA REPERCUSSION DU PRELEVEMENT ACQUITTE SUR CES DERNIERS . | 0 |
11,060 | 29. Extinction of the exclusive right results either from the proprietor’s consent, whether express or implied, to a putting on the market in the EEA or from the putting on the market in the EEA by the proprietor himself or by an operator with economic links to the proprietor, such as, in particular, a licensee. The proprietor’s consent and the putting on the market in the EEA by him or by an operator with economic links to him, which are both equivalent to the renunciation of the exclusive right, thus both constitute a decisive factor in the extinction of that right (see, to that effect, Case C‑244/00 Van Doren + Q [2003] ECR I-3051, paragraph 34; Case C‑59/08 Copad [2009] ECR I-0000, paragraph 43; and Makro Zelfbedieningsgroothandel and Others , paragraph 24 and the case‑law cited). | 15 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT THERE IS NO SUSPENSION UNDER ARTICLE 76 OF REGULATION NO 1408/71 OF ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE IN PURSUANCE OF ARTICLE 73 OF THAT REGULATION IN THE MEMBER STATE OF EMPLOYMENT OF ONE OF THE PARENTS WHEN THE OTHER PARENT RESIDES WITH THE CHILDREN IN ANOTHER MEMBER STATE AND PURSUES THERE A PROFESSIONAL OR TRADE ACTIVITY BUT DOES NOT RECEIVE FAMILY ALLOWANCES FOR THE CHILDREN ON THE GROUND THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE RECEIPT OF SUCH ALLOWANCES ARE SATISFIED .
QUESTION 2 | 0 |
11,061 | 32
As the Court has previously held, in the case of an initial decision to freeze funds, the Council is not obliged to inform the person or entity concerned beforehand of the grounds on which that institution intends to rely in order to include that person or entity’s name on a list, whereas the adoption of a subsequent decision by which the inclusion on that list of the name of that person or entity is maintained must, in principle, be preceded by notification of the incriminating evidence and by allowing that person or entity an opportunity to be heard (see, to that effect, judgment of 21 December 2011 in France v People’s Mojahedin Organization of Iran, C‑27/09 P, EU:C:2011:853, paragraphs 61 and 62). | 23 It is true that in 1982 the European Community signed the abovementioned Convention for the Conservation of Salmon in the North Atlantic. However, that Convention may not be invoked against non-signatory States and cannot, therefore, be applied to vessels registered in those States. | 0 |
11,062 | 40. In that regard, it is immaterial that such needs are also met or can be met by private undertakings. It is important that they should be needs which, for reasons in the general interest, the State or a regional authority generally chooses to meet itself or over which it wishes to retain a decisive influence (see, to that effect, Case C‑360/96 BFI Holding [1998] ECR I‑6821, paragraphs 44, 47, 51 and 53, and Joined Cases C‑223/99 and C‑260/99 Agorà and Excelsior [2001] ECR I‑3605, paragraphs 37, 38 and 41). | 34. Toutefois, il convient de tenir compte, dans le cadre de l’application de ces critères, du fait que la perception du consommateur moyen n’est pas nécessairement la même dans le cas d’une marque tridimensionnelle, constituée par l’apparence du produit lui-même, que dans le cas d’une marque verbale ou figurative, qui consiste en un signe indépendant de l’aspect des produits qu’elle désigne (arrêt du 4 octobre 2007, Henkel/OHMI, C-144/06 P, Rec. p. I-8109, point 36 et jurisprudence citée). | 0 |
11,063 | 44. In those circumstances, the Treaty rules on freedom of movement cannot guarantee to an insured person that a move to another Member State will be neutral as regards social security. In view of the disparities existing between the schemes and legislation of the Member States in this field, such a move may, depending on the case, be more or less financially advantageous or disadvantageous for the person concerned (see von Chamier-Glisczinski paragraph 85, and Case C‑562/10 Commission v Germany [2012] ECR I‑0000, paragraph 57). | 30. Il résulte des éléments qui précèdent qu’une taxe dont le fait générateur est lié à la procédure d’autorisation générale permettant d’accéder au marché des services de communications électroniques relève du champ d’application de l’article 12 de la directive «autorisation». Les États membres doivent assurer qu’une telle taxe administrative ne soit imposée qu’aux fins décrites à l’article 12 de la directive «autorisation» et respecte les conditions qui y sont énoncées. | 0 |
11,064 | 35
Secondly, in accordance with the Court’s settled case-law, 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, and the Court therefore cannot take account of any subsequent changes (judgments of 19 June 2003, Commission v France, C‑161/02, EU:C:2003:367, paragraph 9; of 20 May 2010, Commission v Spain, C‑158/09, not published, EU:C:2010:292, paragraph 7; and of 28 October 2010, Commission v Lithuania, C‑350/08, EU:C:2010:642, paragraph 30). | 22. Conversely, there is use ‘in relation to goods’ within the meaning of Article 5(1) of the directive where a third party affixes the sign constituting his company name, trade name or shop name to the goods which he markets (see, to that effect, Arsenal Football Club , paragraph 41, and Adam Opel , paragraph 20). | 0 |
11,065 | 42. Moreover, the principle of legal certainty precludes directives from being able by themselves to create obligations for individuals. Directives cannot therefore be relied upon per se by the Member State as against individuals (see, inter alia, Case 14/86 Pretore di Salò [1987] ECR 2545, paragraphs 19 and 20; Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraphs 9 and 13; Case C‑168/95 Arcaro [1996] ECR I‑4705, paragraphs 36 and 37; and Joined Cases C‑387/02, C‑391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 73 and 74). | 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 |
11,066 | 69. In that connection, it must be recalled that according to settled case-law, the only defence available to a Member State in opposing an application by the Commission under Article 88(2) EC for a declaration that it has failed to fulfil its obligations is to plead that it was absolutely impossible for it properly to implement the decision (see Case C‑214/07 Commission v France [2008] ECR I‑8357, paragraph 44, and Commission v Slovakia , paragraph 43). | 4 As well as making certain exceptions to that rule, Directive 92/83 provides for certain exemptions inspired in most cases by the wish to neutralise the impact of excise duties on alcohol used as an intermediate product in other commercial or industrial products. | 0 |
11,067 | 11 It is further to be noted that, as the Court ruled in its judgment in Joined Cases 41/79, 121/79 and 796/89 (Testa v Bundesanstalt fuer Arbeit [1980] ECR 1979, at paragraph 14), Article 51 of the Treaty does not prohibit the Community legislature from attaching conditions to the rights and advantages which it accords in order to ensure freedom of movement for workers or from determining the limits thereto. | 131 A comparison between that definition of agreement and the definition of a concerted practice dealt with in paragraphs 118 to 125 of this judgment shows that, from the subjective point of view, they are intended to catch forms of collusion having the same nature and are only distinguishable from each other by their intensity and the forms in which they manifest themselves. | 0 |
11,068 | 17. In the absence of a definition of ‘leasing’ and ‘letting of immovable property’ in Article 13B(b) of the Sixth Directive, the Court has defined the letting of immovable property, within the meaning of that provision, as the landlord of property assigning to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude any other person from it (see, to that effect, Case C‑326/99 ‘Goed Wonen’ [2001] ECR I‑6831, paragraph 55; Case C‑409/98 Mirror Group [2001] ECR I‑7175, paragraph 31; Case C‑108/99 Cantor Fitzgerald International [2001] ECR I‑7257, paragraph 21; and also Commission v Ireland, paragraphs 52 to 57; Sinclair Collis , paragraph 25; Temco Europe, paragraph 19; and Fonden Marselisborg Lystbådehavn , paragraph 30). | 47. As regards the second justification, relating to the danger that losses would be used twice, it must be accepted that Member States must be able to prevent that from occurring. | 0 |
11,069 | 108. Furthermore, the question whether a statement of reasons satisfies the requirements must be assessed with reference not only to the wording of the measure but also to its context and to the whole body of legal rules governing the matter in question. If the contested measure clearly discloses the overall objective pursued by the Community institution concerned, it would be excessive to require a specific statement of reasons for each of the technical choices made by the institution (Case C-100/99 Italy v Council and Commission [2001] ECR I-5217, paragraph 64; British American Tobacco (Investments) and Imperial Tobacco , paragraph 166; Arnold André , paragraph 62; Swedish Match , paragraph 64; and Alliance for Natural Health and Others , paragraph 134). | 26. It should be borne in mind at the outset that the Agreement is one of a series of seven sectoral agreements between the same Contracting Parties, signed on 21 June 1999. | 0 |
11,070 | 33. Second, although, in accordance with its wording, Article 16aa of the Bmw applies only to plant protection products (gewasbeschermingsmiddelen), it cannot be maintained that the interpretation of Article 16 of Directive 98/8 bears no relation to the facts of the main action or its purpose, or that the problem is hypothetical. Indeed, referring to paragraph 44 of the judgment in Case C‑306/98 Monsanto [2001] ECR I‑3279, in which the Court held that Directive 98/8 contains, in relation to the placing of products on the market, provisions which bear a large number of similarities to those of Directive 91/414, and asking essentially whether the provisions of Article 16(1) of Directive 98/8, under which a Member State may, during the transitional period, continue to apply its system or practice of placing biocidal products on the market, are also to be found in Article 8(2) of Directive 91/414, the national court demonstrated that its second question was well founded. | 31
The Court then made clear that such a power extends only to goods and services which are interlinked in a sufficiently direct and specific way, to the point where they form a sufficiently homogeneous category or group of goods or services (judgment of 17 October 2013, Isdin v Bial-Portela, C‑597/12 P, EU:C:2013:672, paragraph 27). | 0 |
11,071 | 34. The use of national legal concepts in the context of Regulation No 44/2001 would give rising to different outcomes among the Member States liable to compromise the aim of unifying the rules of jurisdiction pursued by that regulation, as is clear from recital 2 in the preamble thereto (see, by analogy, Case C-543/10 Refcomp [2013] ECR I-0000, paragraph 39). | 23. It cannot be required that the Community trade mark be known by a given percentage of the public so defined ( General Motors , by way of analogy, paragraph 25). | 0 |
11,072 | 74. Besides the principle of non-discrimination on grounds of nationality, the principle of equal treatment of tenderers is also to be applied to such public service contracts even in the absence of discrimination on grounds of nationality (see, by analogy, Case C‑458/03 Parking Brixen [2005] ECR I‑8585, paragraph 48, and Case C‑410/04 ANAV [2006] ECR I‑3303, paragraph 20). | 48. According to the Court’s case-law, Articles 43 EC and 49 EC are specific expressions of the principle of equal treatment (see Case C-3/88 Commission v Italy [1989] ECR 4035, paragraph 8). The prohibition on discrimination on grounds of nationality is also a specific expression of the general principle of equal treatment (see Case 810/79 Überschär [1980] ECR 2747, paragraph 16). In its case-law relating to the Community directives on public procurement, the Court has stated that the principle of equal treatment of tenderers is intended to afford equality of opportunity to all tenderers when formulating their tenders, regardless of their nationality (see, to that effect, Case C-87/94 Commission v Belgium [1996] ECR I-2043, paragraphs 33 and 54). As a result, the principle of equal treatment of tenderers is to be applied to public service concessions even in the absence of discrimination on grounds of nationality. | 1 |
11,073 | 36
On the other hand, the effect of the possible pursuit of the activity at issue in the main proceedings on an ancillary basis on the economic nature of that activity must be determined by examining all the circumstances in which the agricultural engineering works are operated in order to determine whether they are actually used for the purpose of obtaining income on a continuing basis (see, to that effect, judgments of 26 September 1996 in Enkler, C‑230/94, EU:C:1996:352, paragraph 27, and 19 July 2012 in Rēdlihs, C‑263/11, EU:C:2012:497, paragraph 34). | 33. It also follows from the case-law that both higher education and university education constitute vocational training (see Case 24/86 Blaizot [1988] ECR 379, paragraphs 15 to 20, and Case 42/87 Commission v Belgium [1988] ECR 5445, paragraphs 7 and 8). | 0 |
11,074 | 32
Nonetheless, the Court has accepted that, when the Member States make use of certain of the options provided for in the third subparagraph of Article 17(5) of the Sixth Directive, they may apply a calculation method different from the one referred to in the previous paragraph of the present judgment, subject to the condition, in particular, that the method used guarantees a more precise determination of the deductible proportion of the input VAT than that arising from application of that first method (see, to this effect, judgment of 8 November 2012 in BLC Baumarkt, C‑511/10, EU:C:2012:689, paragraph 24). | 25 If he did, there is no need to ascertain whether he accepted the jurisdiction clause in the original contract. In such circumstances, acquisition of the bill of lading could not confer upon the third party more rights than those attaching to the shipper under it. The third party holding the bill of lading thus becomes vested with all the rights, and at the same time becomes subject to all the obligations, mentioned in the bill of lading, including those relating to the agreement on jurisdiction (Tilly Russ, paragraph 25). | 0 |
11,075 | 29. With regard to the period from 1 January 1968 to 22 December 1984, the compatibility of the national legislation at issue could be examined only as regards Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC), since Directive 79/7 was not adopted until 1978 and the period prescribed for its transposition was fixed at 23 December 1984. However, provisions such as those at issue in the main proceedings, relating to statutory pension schemes were outside the scope of that article and could not therefore be considered to be contrary to it (see, to that effect, Case 80/70 Defrenne [1971] ECR 445, paragraph 7). | En deuxième lieu, contrairement à ce que soutient Sea Handling, se fonder sur le règlement n° 659/1999 afin de justifier l’existence
de la présomption générale de confidentialité, telle qu’elle est visée au point 37 du présent arrêt, n’aboutit pas à priver
de tout effet utile le droit d’accès aux documents tel qu’il est consacré par le règlement n° 1049/2001. En effet, comme il
a été établi au point 39 du présent arrêt, cette présomption générale n’est pas irréfragable et n’exclut pas que certains
des documents contenus dans le dossier de la Commission relatif à une procédure de contrôle des aides d’État puissent être
divulgués. | 0 |
11,076 | 48. It should further be noted that the purpose of Article 22(1)(c)(i) of Regulation No 1408/71 is to confer a right to the services in kind provided, on behalf of the competent institution, by the institution of the place where the treatment is provided, in accordance with the provisions of the legislation of the Member State in which the services are provided as if the person concerned were registered with that institution (see Inizan , paragraph 20). The applicability of Article 22 of Regulation No 1408/71 to the situation in question does not mean that the person concerned may not simultaneously have the right under Article 49 EC to have access to healthcare in another Member State under rules on the assumption of costs different from those laid down by Article 22 (see to that effect Case C‑368/98 Vanbraekel and Others [2001] ECR I-5363, paragraphs 37 to 53). | 47. In these circumstances, the use in the export declarations of customs code 10 00 indicating the export of Community goods instead of code 31 51 used for the re-export of goods under the inward processing procedure must be classified as ‘removal’ of those goods from customs supervision (see, by way of analogy, British American Tobacco , paragraph 53). | 0 |
11,077 | 55
In addition, this is a mandatory provision that is intended to replace the formal balance established by the contract between the rights and obligations of the parties with an effective balance that re-establishes equality between them (judgment of 14 June 2012, Banco Español de Crédito, C‑618/10, EU:C:2012:349, paragraph 63, and the case-law cited). | 12 IT IS ESTABLISHED THAT THE DIRECTOR-GENERAL FOR COMPETITION DID NO MORE THAN SIGN THE NOTICE OF OBJECTIONS WHICH THE MEMBER OF THE COMMISSION RESPONSIBLE FOR PROBLEMS OF COMPETITION HAD PREVIOUSLY APPROVED IN THE EXERCISE OF THE POWERS WHICH THE COMMISSION HAD DELEGATED TO HIM . | 0 |
11,078 | 47. In that regard, it should be noted that, according to settled case-law, in the exercise of the powers conferred on them by European Union directives, Member States must respect the general principles of law that form part of the European Union legal order, which include, in particular, the principles of legal certainty and proportionality (see, to that effect, judgments in Schloßstrasse , C‑396/98, EU:C:2000:303, paragraph 44, and ‘Goed Wonen’ , C‑376/02, EU:C:2005:251, paragraph 32). | 36
Therefore, unlike the element characterising the right to repayment of overpaid VAT, the right to deduct VAT, which is a right inherent in the VAT scheme established by the common system of VAT, is based on the existence of a tax that is due. | 0 |
11,079 | 50. That obligation on the Member States was reaffirmed by the second subparagraph of Article 19(1) TEU, which states that Member States ‘shall provide remedies sufficient to ensure effective judicial protection in the fields covered by EU law’ (see judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council , C‑583/11 P, EU:C:2013:625, paragraph 101). That obligation also follows from Article 47 of the Charter as regards measures taken by the Member States to implement Union law within the meaning of Article 51(1) of the Charter. | 60. Quant à l’argument selon lequel le CDR‑Q serait le résultat d’une valorisation complète des déchets, il convient de rappeler qu’une telle opération de valorisation ne suffit pas, à elle seule, à déterminer si la substance qui en résulte est un déchet ou non. En effet, le fait qu’une substance soit le résultat d’une opération de valorisation complète au sens de l’annexe II B de la directive 75/442 constitue seulement l’un des éléments qui doivent être pris en considération pour tirer une conclusion définitive à cet égard (voir arrêts ARCO Chemie Nederland e.a., précité, points 94 et 95, ainsi que Palin Granit, point 46). | 0 |
11,080 | 24. It is undisputed that Regulation No 2152/2003 was adopted on the basis of Article 175 EC which falls within Title XIX of the EC Treaty, devoted to Community policy on the environment. The Community rules in this area do not seek to effect complete harmonisation (Case C-6/03 Deponiezweckverband Eiterköpfe [2005] ECR I-2753, paragraph 27). Even though Article 174 EC refers to certain Community objectives to be attained, Article 176 EC allows the Member States to introduce more stringent protective measures (Case C-318/98 Fornasar and Others [2000] ECR I-4785, paragraph 46, and Deponiezweckverband Eiterköpfe , paragraph 27). | 31. La prise en compte de la valeur de la consommation captive constitue, dès lors, un élément essentiel de la décision litigieuse, si bien que toute contestation de cette méthode de calcul par la requérante, entreprise membre de l’entente en cause, aurait dû être formulée de façon spécifique devant le Tribunal dès le stade de la requête introductive d’instance. | 0 |
11,081 | 33. The Court has consistently held in that regard that, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon by individuals as against the State, particularly in its capacity as an employer (see, in particular, to that effect, Case 152/84 Marshall [1986] ECR 723, paragraphs 46 and 49; Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraphs 69 and 71; and Case C‑268/06 Impact [2008] ECR I‑2483, paragraph 57). | 28. Parmi ces éléments de rattachement figure, notamment, l’existence d’un «établissement stable à partir duquel les opérations sont effectuées», en cause dans la présente procédure. | 0 |
11,082 | 22 In order to reply to the question raised by the national court, it must be noted that it is settled case-law that there is nothing in the directive which could be construed as authorising the Member States to exempt projects in respect of which the consent procedures were initiated after the deadline of 3 July 1988 from the obligation to carry out an environmental impact assessment (Case C-396/92 Bund Naturschutz in Bayern and Others [1994] ECR I-3717, paragraph 18). Accordingly, in the case of such projects the principle stated in Article 2(1) of the directive applies, according to which projects likely to have significant effects on the environment are subject to an environmental assessment. | Par conséquent, c’est sans commettre d’erreur de droit que le Tribunal a estimé que la chambre de recours avait considéré, à bon droit, au point 62 de la décision litigieuse, que le consommateur ferait une distinction entre les signes en cause, en dépit de leurs similitudes visuelles et phonétiques. | 0 |
11,083 | 36 For trade with non-member countries, as far as internal taxation is concerned, the Treaty does not include any rule analogous to that laid down in Article 95 (Case 148/77 Hansen v Hauptzollamt Flensburg [1978] ECR 1787, paragraph 23, and OTO, paragraph 20). | 35 It follows from the foregoing that the claims for damages as compensation for the material harm allegedly suffered by the applicant by reason of his not being promoted from Grade B 2 to Grade B 1 in 1987 must be dismissed as inadmissible . | 0 |
11,084 | 28. Should the institutions concerned not reach agreement on, in particular, the question how the particular facts of a specific case are to be assessed, and consequently on the question whether it is covered by Article 14(1)(a) of Regulation No 1408/71, it is open to them to refer the matter to the Administrative Commission ( FTS , paragraph 57). | 123. It follows that, from the date upon which a directive has entered into force, the courts of the Member States must refrain as far as possible from interpreting domestic law in a manner which might seriously compromise, after the period for transposition has expired, attainment of the objective pursued by that directive. | 0 |
11,085 | 56. Moreover, as regards the application of Article 13B(d)(6) of the Sixth Directive to transactions effected between undertakings for collective investment and their participants, any other interpretation of that provision, exempting from VAT the management of undertakings for collective investment constituted under the law of contract or under trust law, and not those constituted under statute, would be contrary to the principle of fiscal neutrality on which, in particular, the common system of VAT established by the Sixth Directive is based, and which precludes economic operators carrying out the same transactions being treated differently in relation to the levying of VAT (see Case C-382/02 Cimber Air [2004] ECR I‑8379, paragraphs 23 and 24, and Case C‑280/04 Jyske Finans [2005] ECR I‑0000, paragraph 39). | 18 In that regard the first point to note is that, under Article 2(3) of the Treaty of Accession, the Community institutions `may' adopt before accession certain measures referred to in, inter alia, Article 169 of the Act of Accession. Consequently, Article 2(3) does not place any restriction on the use of Article 169 after the entry into force of the Treaty of Accession, but merely authorizes its use before that date. | 0 |
11,086 | 21. In the context of that cooperation, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see Case C-415/93 Bosman [1995] ECR I-4921, paragraph 59; Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; and Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 18). | 69. Il y a lieu de constater que, en incitant les opérateurs économiques désirant commercialiser en Belgique des produits de construction légalement fabriqués et/ou commercialisés dans un autre État membre à obtenir des marques de conformité belges, le Royaume de Belgique a manqué aux obligations qui lui incombent en vertu des articles 28 CE et 30 CE.
Sur les dépens | 0 |
11,087 | 68. A corollary of the principle of respect for the rights of the defence, the right of access to the file means that the Commission must give the undertaking concerned the opportunity to examine all the documents in the investigation file which may be relevant for its defence (see, to that effect, Case T-30/91 Solvay v Commission [1995] ECR II-1775, paragraph 81, and Case C-199/99 P Corus UK v Commission [2003] ECR I-0000, paragraphs 125 to 128). Those documents include both incriminating evidence and exculpatory evidence, save where the business secrets of other undertakings, the internal documents of the Commission or other confidential information are involved (see Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 9 and 11; Case C-51/92 P Hercules Chemicals v Commission [1999] ECR I-4235, paragraph 75; and Joined Cases C-238/99 P, C-244/99 P, C-245/99 P, C-247/99 P, C-250/99 P to C-252/99 P and C-254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I-8375, paragraph 315). | 30 Moreover, neither the wording nor the purpose of the provision in question provides justification for the view that Member States' non-compliance with their obligation to give prior notice in itself renders the ceilings thus adopted unlawful (in relation to an analogous provision, see Case 380/87 Enichem Base v Comune di Cinisello Balsamo [1989] ECR 2491, paragraph 22). | 0 |
11,088 | 94. It is clear from its wording that Article 123(1) TFEU prohibits the ECB and the central banks of the Member States from granting overdraft facilities or any other type of credit facility to public authorities and bodies of the Union and of Member States and from purchasing directly from them their debt instruments (judgment in Pringle , C‑370/12, EU:C:2012:756, paragraph 123). | 57 As the Court has repeatedly held, the principle of legal certainty is a fundamental principle of Community law which requires in particular that rules imposing charges on a taxpayer be clear and precise so that he may be able to ascertain unequivocally what his rights and obligations are and take steps accordingly (Case C-143/93 Van Es Douane Agenten v Inspecteur der Invoerrechten en Accijinzen [1996] ECR I-431, paragraph 27). | 0 |
11,089 | 54. In this regard, it should be noted, first, that an action for annulment brought by a natural or legal person is admissible only in so far as that person has an interest in having the contested act annulled. Such an interest requires that the annulment of that act must be capable, in itself, of having legal consequences and that the action may therefore, through its outcome, procure an advantage to the party which brought it (see, to that effect, Case C‑519/07 P Commission v Koninklijke FrieslandCampina [2009] ECR I‑8495, paragraph 63). | 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 |
11,090 | 51 As the Court pointed out in paragraph 21 of Echternach and Moritz, for such integration to come about, a child of a Community worker must have the possibility of going to school and pursuing further education in the host Member State, as is expressly provided in Article 12 of Regulation No 1612/68, in order to be able to complete that education successfully. | 29. Or, il ne saurait être soutenu que, pour apprécier la légalité des motifs de refus d’accès à un document, invoqués par une institution sur le fondement d’une exception dont l’applicabilité n’est pas contestée, le Tribunal soit obligé d’ordonner systématiquement la production de l’intégralité du document dont l’accès est demandé. | 0 |
11,091 | 94. In that context, it must be emphasised that, in proceedings before the national courts, individual parties have the right to challenge before the courts the legality of any decision or other national measure relative to the application to them of a European Union act of general application, by pleading the invalidity of such an act (see, to that effect, Unión de Pequeños Agricultores v Council , paragraph 42, and E and F , paragraph 45). | 49 In determining whether a mark has acquired distinctive character following the use made of it, the competent authority must make an overall assessment of the evidence that the mark has come to identify the product concerned as originating from a particular undertaking, and thus to distinguish that product from goods of other undertakings. | 0 |
11,092 | 43. It must be added that the Hellenic Republic has also not pleaded the absolute impossibility of proceeding with the diligent performance of its obligations under Articles 2 and 3 of Decision 2003/372. It is apparent from the settled case-law of the Court that the condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant government merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real step to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, in particular, Case 94/87 Commission v Germany [1989] ECR 175, paragraph 10, and Case C‑499/99 Commission v Spain [2002] ECR I-6031, paragraph 25). | 20 AMONG THE PENALTIES ATTACHING TO A FAILURE TO COMPLY WITH THE PRESCRIBED DECLARATION AND REGISTRATION FORMALITIES , DEPORTATION , IN RELATION TO PERSONS PROTECTED BY COMMUNITY LAW , IS CERTAINLY INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY SINCE , AS THE COURT HAS ALREADY CONFIRMED IN OTHER CASES , SUCH A MEASURE NEGATES THE VERY RIGHT CONFERRED AND GUARANTEED BY THE TREATY .
| 0 |
11,093 | Par ailleurs, il ressort d’une jurisprudence bien établie de la Cour qu’il n’appartient pas à cette dernière, lorsqu’elle se prononce sur des questions de droit dans le cadre d’un pourvoi, de substituer, pour des motifs d’équité, son appréciation à celle du Tribunal statuant, dans l’exercice de sa compétence de pleine juridiction, sur le montant des amendes infligées à des entreprises en raison de la violation, par celles‑ci, du droit de l’Union. Ainsi, ce n’est que dans la mesure où la Cour estimerait que le niveau de la sanction est non seulement inapproprié, mais également excessif, au point d’être disproportionné, qu’il y aurait lieu de constater une erreur de droit commise par le Tribunal, en raison du caractère inapproprié du montant d’une amende (arrêt du 30 mai 2013, Quinn Barlo e.a./Commission, C‑70/12 P, non publié, EU:C:2013:351, point 57). | 61 The next question is therefore whether the nature and purpose of the agreement at issue in the main proceedings justify its exclusion from the scope of Article 85(1) of the Treaty. | 0 |
11,094 | 29. There is no provision of the Treaty to suggest that when students who are citizens of the Union move to another Member State to study there, they lose the rights which the Treaty confers on citizens of the Union, including the rights conferred on those citizens when they are in employment in the host Member State (see, to that effect, Grzelczyk , paragraph 35, and Bidar , paragraph 34). | 53. The Court has consistently held that indirect discrimination on grounds of sex arises where a national measure, albeit formulated in neutral terms, puts considerably more workers of one sex at a disadvantage than the other (see, to that effect, Case C‑1/95 Gerster [1997] ECR I‑5253, paragraph 30; Case C‑123/10 Brachner [2011] ECR I‑10003, paragraph 56; and Case C‑7/12 Riežniece [2013] ECR, paragraph 39). | 0 |
11,095 | 64 The Guidelines, which are not the first to apply in the area under consideration, are based on Article 93(1) of the Treaty, under which the Commission, in cooperation with the Member States, is to keep under constant review the systems of aid existing in those States. It is to propose to them any appropriate measures required by the progressive development or by the functioning of the common market. The Guidelines are thus one element of that obligation of regular, periodic cooperation from which neither the Commission nor a Member State can release itself (see Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraphs 36 and 37). | 87
In particular, it is conceivable that, in specific circumstances, having regard to the nature and objectives of a particular contract, the capacities of a third party entity, which are necessary for the performance of a particular contract, cannot be transferred to the tenderer. Accordingly, in such circumstances, the tenderer may rely on those capacities only if the third party entity directly and personally participates in the performance of the contract concerned (see, to that effect, judgment of 7 April 2016, Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraph 41). | 0 |
11,096 | 65 The directive does not specify how the competent authority referred to in Article 9 is appointed . It does not require that authority to be a court or to be composed of members of the judiciary . Nor does it require the members of the competent authority to be appointed for a specific period . The essential requirement is, first, that it should be clearly established that the authority is to perform its duties in absolute independence and is not to be directly or indirectly subject, in the exercise of its duties, to any control by the authority empowered to take the measures provided for in the directive ( judgment in Adoui and Cornuaille, cited above, paragraph 16 ) and, secondly, that the authority should follow a procedure enabling the person concerned, on the terms laid down by the directive, to put forward his arguments in defence . | 19. Furthermore, according to settled case-law, VAT exemptions must be interpreted strictly, since they constitute exceptions to the general principle that turnover tax is to be levied on each service supplied for consideration by a taxable person (see, inter alia, Case C-185/89 Velker International Oil Company [1990] ECR I-2561, paragraph 19, and Joined Cases C-181/04 to C-183/04 Elmeka [2006] ECR I‑8167, paragraph 15). | 0 |
11,097 | 20. It must be borne in mind in that regard that, according to the Court’s settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments in Budĕjovický Budvar , C‑478/07, EU:C:2009:521, paragraph 63; Zanotti , C‑56/09, EU:C:2010:288, paragraph 15, and Melki and Abdeli , C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 27). | 39
La directive 2009/103 impose aux États membres l’obligation d’adopter des mesures garantissant que la victime d’un accident de la circulation et le détenteur du véhicule en cause dans cet accident soient protégés. Selon son considérant 12, cette directive a pour objectif général d’assurer la protection des victimes d’accidents en garantissant que ceux-ci bénéficient d’une couverture d’assurance minimale. | 0 |
11,098 | 52. The Court has held that, where a third party attempts, through the use of a sign similar to a mark with a reputation, to ride on the coat-tails of that mark in order to benefit from its power of attraction, its reputation and its prestige, and to exploit, without paying any financial compensation and without being required to make efforts of his own in that regard, the marketing effort expended by the proprietor of that mark in order to create and maintain the image of that mark, the advantage resulting from such use must be considered to be an advantage that has been unfairly taken of the distinctive character or repute of that mark (see L’Oréal and Others , paragraph 49). | 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 |
11,099 | 68. Secondly, it follows from case-law that, while the principles of legal certainty and of the protection of legitimate expectations require the withdrawal of an unlawful measure to occur within a reasonable time and regard must be had to how far the person concerned might have been led to rely on the lawfulness of the measure, the fact remains that such withdrawal is, in principle, permitted (see, in particular, Joined Cases 7/56 and 3/57 to 7/57 Algera and Others v Common Assembly of the ECSC [1957] ECR 39, at 55 and 56; Case 14/81 Alpha Steel v Commission [1982] ECR 749, paragraph 10; and Case 15/85 Consorzio Cooperative d’Abruzzo v Commission [1987] ECR 1005, paragraph 12). | 105. Toutefois, ces circonstances sont dénuées de pertinence, dès lors qu’il ressort clairement du dossier que l’organisation des ressources humaines dépend de chaque bureau de liquidation. Le personnel employé dans lesdits bureaux ne fait pas partie des effectifs des Communautés autonomes et n’a aucun lien direct avec lesdites Communautés. Ainsi qu’il ressort de la loi hypothécaire, ce personnel est lié aux registrador-liquidador par une relation de travail, dépend du registrador-liquidador et est rémunéré par celui-ci. | 0 |
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