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11,100 | 12. Article 5(1) of Directive 75/106 prohibits Member States from adopting, in regard to prepackages satisfying the directive’s requirements, measures restricting their marketing for reasons concerning their volume or the determination of that volume (Case C‑3/99 Ruwet [2000] ECR I‑8749, paragraph 42). | 62 It is settled case-law that, for purposes of recognition of a right of residence, a residence permit can only have declaratory and probative value (see, to that effect, Case C-434/93 Bozkurt [1995] ECR I-1475, paragraphs 29 and 30, and Günaydin, paragraph 49, Ertanir, paragraph 55, and Birden, paragraph 65, cited above). | 0 |
11,101 | Cette conclusion n’est pas remise en cause par l’argument, invoqué par la République hellénique, selon lequel la situation de la décharge de Temploni est due à la densité de la population de l’île de Corfou et au nombre des touristes visitant cette île en été. En effet, selon une jurisprudence constante, un État membre ne saurait exciper de difficultés pratiques, administratives ou financières pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, en ce sens, arrêt du 18 octobre 2012, Commission/Royaume-Uni, C‑301/10, EU:C:2012:633, point 66 et jurisprudence citée). | 63. A similar solution must be reached where the receiving agency has failed to transmit the standard form set out in Annex II to that regulation to the addressee of a document. | 0 |
11,102 | 46. Lastly, in any event, the case-law shows that the importance of the objective of consumer protection, which therefore includes the protection of air passengers, may justify even substantial negative economic consequences for certain economic operators ( Nelson and Others , paragraph 81, and case-law cited). | 35. In the main proceedings, it is for the national court to ascertain whether the conditions for repayment of the duties at issue, as laid down in Article 239 of the Customs Code, are met. | 0 |
11,103 | 41 In that connection, the Court has consistently held that Article 43 of the Treaty is the proper legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the attainment of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty (now Article 33 EC). Consequently, even where that legislation is directed both to objectives of agricultural policy and to other objectives pursued on the basis of other Treaty provisions, the existence of those provisions cannot be relied on as a ground for restricting the field of application of Article 43 of the Treaty (see the judgments in Case 68/86 United Kingdom v Council [1988] ECR 855, paragraphs 14 and 16; Case C-131/87 Commission v Council [1989] ECR 3743, paragraphs 10 and 11; and Case C-280/93 Germany v Council [1994] ECR 1-4973, paragraph 54). | 95 In that regard it is clear from paragraph 250 of the contested judgment that the Court of First Instance considered that Prat Carton's participation in the infringement was proved only in regard to the collusion on prices and on downtime, but not on the freezing of market shares, and that it covered only the period from June 1990 to February 1991. Thus, the Court held:
411 Because Prat Carton participated in some only of the constituent elements of the infringement and for a much lesser period than that found by the Commission, the amount of the fine imposed on the applicant must be reduced.
412 In the present case, as none of the other pleas on which the applicant relies justifies reducing the fine, the Court, exercising its unlimited jurisdiction, sets the amount of that fine at ECU 14 million. | 0 |
11,104 | 42 It must be stated at the outset that, although the Spanish Government alleges that the contested regulation adversely affects the legitimate expectations of the Member States as well, in all essential respects its arguments refer to breach of the legitimate expectations of the traders concerned. Nevertheless, despite the doubts expressed by the Council, there is nothing to prevent a Member State from claiming in an action for annulment that an act of the institutions frustrates the legitimate expectations of particular individuals (see, in this respect, Case 278/84 Germany v Commission [1987] ECR 1, paragraphs 34 to 36; Case 203/86 Spain v Council [1988] ECR 4563, paragraphs 17 to 20, and Case C-169/95 Spain v Council [1997] ECR I-135, paragraphs 49 to 54). | 53. S’agissant des agglomérations d’Alverca, de Bacia do Rio Uima (Fiães S. Jorge), de Carvoeiro, de Costa Oeste, de Covilhã, de Lisbonne, de Matosinhos, de Milfontes, de Nazaré/Famalicão, de Ponta Delgada, de Póvoa de Varzim/Vila do Conde, de Vila Franca de Xira et de Vila Real de Santo António, il est constant, selon les indications mêmes de la République portugaise, que, au terme du délai fixé dans l’avis motivé complémentaire, ces agglomérations ne disposaient pas de stations d’épuration assurant le traitement secondaire de la totalité des eaux urbaines résiduaires qui pénètrent dans les systèmes de collecte, conformément à l’article 4, paragraphe 1, de la directive 91/271, et garantissant que les rejets en émanant répondent aux prescriptions du point B de l’annexe I de celle-ci. | 0 |
11,105 | 69
As regards the second factor, the Court has stated that it is the relationship of dependency between the Union citizen who is a minor and the third country national who is refused a right of residence that is liable to jeopardise the effectiveness of Union citizenship, since it is that dependency that would lead to the Union citizen being obliged, in practice, to leave not only the territory of the Member State of which he is a national but also that of the European Union as a whole, as a consequence of such a refusal (see, to that effect, judgments of 8 March 2011, Ruiz Zambrano, C‑34/09, EU:C:2011:124, paragraphs 43 and 45; of 15 November 2011, Dereci and Others, C‑256/11, EU:C:2011:734, paragraphs 65 to 67; and of 6 December 2012, O and Others, C‑356/11 and C‑357/11, EU:C:2012:776, paragraph 56). | 100. The Guidelines, which, the Court has held, form rules of practice from which the administration may not depart in an individual case without giving reasons compatible with the principle of equal treatment (Case C‑397/03 P Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission , paragraph 91), merely describe the method used by the Commission to examine infringements and the criteria that the Commission requires to be taken into account in setting the amount of a fine. | 0 |
11,106 | 23 In response to that submission, the Court must reiterate that the procedure for a declaration of a failure on the part of a Member State to fulfil an obligation affords a means of determining the exact nature of the obligations of the Member States in case of differences of interpretation (Case 7/71 Commission v France [1971] ECR 1003, paragraph 49) and is based on the objective finding that a Member State has failed to fulfil its obligations under the Treaty or secondary legislation (see, inter alia, Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 14). | 64. It is clear from all the language versions of that latter provision that it was indeed the allocation of unused reference quantities which was to be carried out ‘in proportion to the reference quantities of each producer’ and that the contribution of producers to the payment of the levy due was, for its part, established by reference to the overrun of the reference quantity of each individual producer. | 0 |
11,107 | 20. In the context of the cooperation established by Article 267 TFEU, it is for the national courts to determine whether the taxable person makes a single supply in a particular case and to make all definitive findings of fact in that regard (see, to that effect, CPP , paragraph 32; Part Service , paragraph 54; Bog and Others , paragraph 55; and order in Case C-117/11 Purple Parking and Airparks Services [2012] ECR, paragraph 32). However, it is for the Court to provide the national courts with all the guidance as to the interpretation of European Union law which may be of assistance in adjudicating on the case pending before them ( Levob Verzekeringen and OV Bank , paragraph 23). | 8 IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN THE SECOND PLACE , WHETHER THEY ARE NECESSARY FOR ITS ACHIEVEMENT .
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11,108 | 38. A measure which constitutes an obstacle to freedom of movement for workers can be accepted only if it pursues a legitimate aim compatible with the Treaty and is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (see, inter alia, Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Bosman , paragraph 104; Kranemann , paragraph 33; and ITC , paragraph 37). | 36 However, that proposal for a regulation has not yet been adopted by the Council. | 0 |
11,109 | 105. The object of Article 9(1) of Directive 64/221 is to ensure a minimum procedural safeguard for persons affected by a decision ordering their expulsion from the territory. That article, which applies in three cases, namely where there is no right of appeal to a court of law, where such an appeal may be only in respect of the legal validity of the decision, or where the appeal cannot have suspensory effect, provides for the intervention of a competent authority other than that empowered to take the decision. Save in cases of urgency, the administrative authority may not take its decision until an opinion has been obtained from the other competent authority. The person concerned must enjoy such rights of defence before the latter authority and of assistance or representation as the domestic law of that country provides for (see, to that effect, Joined Cases C-297/88 and C-197/89 Dzodzi [1990] ECR I-3763, paragraph 62, and Yiadom , cited above, paragraphs 29 to 31). | 40. Dans cette perspective, il convient de tenir compte du fait que, s’agissant de vérifier l’application correcte, en pratique, des dispositions nationales destinées à assurer la mise en œuvre effective des directives, dont celles adoptées dans le domaine de l’environnement, la Commission, qui ne dispose pas de pouvoirs propres d’investigation en la matière, est largement tributaire des éléments fournis par d’éventuels plaignants, des organismes privés ou publics actifs sur le territoire de l’État membre concerné ainsi que par ledit État membre lui-même (arrêt Commission/Italie, C‑135/05, EU:C:2007:250, point 28 et jurisprudence citée). De même, tout document officiel émis par les autorités de l’État membre concerné peut être considéré comme une source valable d’informations aux fins de l’engagement, par la Commission, de la procédure visée à l’article 258 TFUE (Commission/Grèce, C‑677/13, EU:C:2014:2433, point 66 et jurisprudence citée). | 0 |
11,110 | 69. In that regard, it must be recalled that the Court has no jurisdiction to give a ruling on the facts in an individual case or to apply the rules of Community law which it has interpreted to national measures or situations, since those questions are matters for the exclusive jurisdiction of the national court (see Case 13/68 Salgoil [1968] ECR 453, 459; Case 51/74 Van der Hulst [1975] ECR 79, paragraph 12; Case C-320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I-285, paragraph 11; Joined Cases C-175/98 and C-177/98 Lirussi and Bizzaro [1999] ECR I-6881, paragraph 38; and Case C-282/00 RAR [2003] ECR I-4741, paragraph 47). | 17 A taxable person performing a transaction in a private capacity does not act as a taxable person. | 0 |
11,111 | 67. It is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict the possibility for any person concerned of relying on a provision it has interpreted with a view to calling in question legal relationships established in good faith (see Blaizot , paragraph 28; Case C‑163/90 Legros and Others [1992] ECR I‑4625, paragraph 30; and Case C‑262/96 Sürül [1999] ECR I‑2685, paragraph 108). | 6 In addition to three main calculation techniques, the Belle Report lays down three categories of flat-rate correction for difficult cases:
A. 2% of expenditure - where the deficiency is limited to parts of the control system of lesser importance, or to the operation of controls which are not essential to the assurance of the regularity of the expenditure, such that it can reasonably be concluded that the risk of loss to the EAGGF was minor.
B. 5% of expenditure - where the deficiency relates to important elements of the control system or to the operation of controls which play an important part in the assurance of the regularity of the expenditure, such that it can reasonably be concluded that the risk of loss to the EAGGF was significant.
C. 10% of expenditure - where the deficiency relates to the whole of or fundamental elements of the control system or to the operation of controls essential to assuring the regularity of the expenditure, such that it can reasonably be concluded that there was a high risk of widespread loss to the EAGGF. | 0 |
11,112 | 45. As the Advocate General observed at point 190 et seq. of his Opinion, that reasoning by the Court of First Instance is in accordance with the law. It is in keeping with a consistent line of decisions of the Court (see, in particular, Joined Cases 29/83 and 30/83 CRAM and Rheinzink v Commission [1984] ECR 1679, paragraph 20; Case C-49/92 P Commission v Anic Partecipazioni [1999] ECR I-4125, paragraph 123; 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 [1999] ECR I-8375, paragraph 508). Nippon Steel’s argument that the existence of a plausible alternative explanation for the conduct complained of, namely the absence of a commercial interest, should have led the Court of First Instance to impose stricter requirements as to the evidence to be adduced is contrary to that case-law. | 76. This meant that, whereas the dividends were passed up the group structure without any liability to pay ACT, when the final resident parent company came to pay the dividends to the shareholders outside the group, it did not have any tax credit to offset against its liability for ACT and was, consequently, obliged to pay ACT on the dividends. The provisions of the ACT system permitted the final parent company, however, to surrender any surplus ACT that it had to its resident subsidiaries and to offset it against the group’s overall tax liability (see Joined Cases C‑397/98 and C‑410/98 Metallgesellschaft and Others [2001] ECR I‑1727, paragraphs 21 to 25). | 0 |
11,113 | 38. The Framework Agreement is designed, according to clause 1.1 thereof, to facilitate the reconciliation of parental and professional responsibilities for working parents, an objective set, as paragraph 4 of the general considerations in the Framework Agreement recalls, by point 16 of the Community Charter of the Fundamental Social Rights of Workers (judgment in Chatzi , C‑149/10, EU:C:2010:534, paragraph 36). | 24 In the case of a libel by a newspaper article distributed in several Contracting States, the place of the event giving rise to the damage, within the meaning of those judgments, can only be the place where the publisher of the newspaper in question is established, since that is the place where the harmful event originated and from which the libel was issued and put into circulation. | 0 |
11,114 | 29. The Court has held that such restrictive effects may arise in particular where, on account of a tax law, a company may be deterred from setting up subsidiary bodies such as permanent establishments in other Member States and from carrying on its activities through such bodies (judgments in Marks & Spencer , C‑446/03, EU:C:2005:763, paragraphs 32 and 33; Keller Holding , Case C‑471/04, EU:C:2006:143, paragraph 35; and Deutsche Shell , C‑293/06, EU:C:2008:129, paragraph 29). | 60 It is apparent from the set of rules of which Regulation No 1361/98 forms part, and from the economic context in which that regulation was adopted, including in particular the developments which have occurred in the sugar market during recent marketing years, that neither the Italian Government nor economic operators in the sugar sector could have been unaware of the reasons for classifying Italy as a non-deficit area. | 0 |
11,115 | 52. In paragraph 177 of the judgment under appeal, the General Court held that ‘according to consistent case-law concerning the calculation of the normal value, but applicable by analogy to the calculation of the export price, the sharing of production and sales activities within a group formed by legally distinct companies does not alter the fact that one is dealing with a single economic entity which organises in that manner a series of activities which are carried out, in other cases, by an entity which is also a single entity from the legal point of view (see, by analogy, Case 250/85 Brother Industries v Council [1988] ECR 5683, paragraph 16; Case C‑175/87 Matsushita Electric v Council [1992] ECR I‑1409, paragraph 12; Case C‑104/90 Matsushita Electric Industrial v Council [1993] ECR I‑4981, paragraph 9)’. | 43. A national law which allowed the purchaser of excise stamps to obtain reimbursement simply by claiming that they had gone missing would be likely to encourage abuse and evasion. The prevention of abuse and evasion is precisely one of the objectives pursued by Community law. | 0 |
11,116 | 50. In the second place, with regard to the scope of Article 78 of the Customs Code, the Court has already stated that its rationale is to bring the customs procedure into line with the actual situation (judgment in Terex Equipment and Others , Cases C‑430/08 and C‑431/08, EU:C:2010:15, paragraph 56). Moreover, that article does not distinguish errors or omissions that can be corrected from other situations of the same kind that cannot (judgments in Overland Footwear , C‑468/03, EU:C:2005:624, paragraph 63, and Südzucker and Others , EU:C:2012:444, paragraph 47). The words ‘incorrect or incomplete information’ must be interpreted as covering both clerical errors or omissions and errors of interpretation of the applicable law (judgments in Overland Footwear , EU:C:2005:624, paragraph 63, and Terex Equipment and Others , EU:C:2010:15, paragraph 56). | 71
In that regard, it should be borne in mind that an undertaking’s participation in a meeting having an anticompetitive object creates a presumption of the illegality of its participation, which that undertaking must rebut through evidence of public distancing, which must be perceived as such by the other parties to the cartel (judgment in Total Marketing Services v Commission, C‑634/13 P, EU:C:2015:614, paragraph 21). | 0 |
11,117 | 39. The fact that proceedings have been brought before a national court to challenge the decision of a national authority which is the subject of an action for failure to fulfil obligations and the decision of that court not to suspend implementation of that decision cannot affect the admissibility of the action for failure to fulfil obligations brought by the Commission. The existence of remedies available through the national courts cannot in any way prejudice the bringing of an action under Article 226 EC, since the two procedures have different objectives and effects (Case 31/69 Commission v Italy [1970] ECR 25, paragraph 9, and Case 85/85 Commission v Belgium [1986] ECR 1149, paragraph 24). | 67 In that regard, the harmonisation in relation to shipments of waste achieved by the Regulation concerns not only the substantive conditions in which those shipments may be carried out but also the procedure applicable to those shipments. | 0 |
11,118 | 40
Moreover, it must be recalled that the Court has already held that, in accordance with the principle of sincere cooperation, a Member State may not adopt provisions making repayment of a tax held to be contrary to EU law by a judgment of the Court, or whose incompatibility with EU law is apparent from such a judgment, subject to conditions relating specifically to that tax which are less favourable than those which would otherwise be applied to that repayment of the tax (see, to that effect, judgments of 10 September 2002 in Prisco and CASER, C‑216/99, C‑222/99, EU:C:2002:472, paragraph 77 and the case-law cited, and 2 October 2003 in Weber’s Wine World and Others, C‑147/01, EU:C:2003:533, paragraph 87). | 56. In that regard, it must be borne in mind that, under Article 2(c) of the Directive, the term ‘refugee’ refers, in particular, to a third country national who is outside the country of his nationality ‘owing to a well-founded fear of being persecuted’ for reasons of race, religion, nationality, political opinion or membership of a particular social group and is unable or, ‘owing to such fear’, unwilling to avail himself of the ‘protection’ of that country. | 0 |
11,119 | 69. Nor can such a reassessment and recovery practice be justified under Article 17(6) and (7) of the Sixth Directive. Those two provisions are not applicable to a situation such as that at issue in the cases in the main proceedings, since they govern the existence of the right to deduct itself and not the procedure for exercising it. Moreover, Article 17(6) applies only to expenditure which is not strictly business expenditure, such as luxuries, amusements or entertainment, whereas it is common ground that no such expenditure is involved in the cases in the main proceedings. As to the possibility open to the Member States under Article 17(7), it need merely be pointed out that they cannot avail themselves of it unless they have first used the consultation procedure provided for in Article 29 (see, to that effect, Case C‑409/99 Metropol and Stadler [2002] ECR I‑81, paragraphs 61 to 63, and Case C‑228/05 Stradasfalti [2006] ECR I‑8391, paragraph 29), which, according to the file, is not the case in the Italian Republic. | 39. With regard to medical devices such as the pacemakers and implantable cardioverter defibrillators at issue in the main proceedings, it is clear that, in the light of their function and the particularly vulnerable situation of patients using such devices, the safety requirements for those devices which such patients are entitled to expect are particularly high. | 0 |
11,120 | 62. However, it must be emphasised that the presumption of actual exercise of decisive influence is rebuttable and may be overturned by the production of sufficient evidence to show that the subsidiary acts independently on the market. In order to do so, it is for the entities concerned to adduce any factor relating to the economic, organisational and legal links between the subsidiary in question and the parent company that they consider to be capable of demonstrating that the subsidiary determined its conduct on the market independently and that those two entities therefore did not constitute a single economic entity (see, inter alia, Elf Aquitaine v Commission , C‑521/09 P, EU:C:2011:620, paragraphs 56, 58 and 65 and the case-law cited). | 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 |
11,121 | 62. Therefore, where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to its context and the objectives pursued by the rules of which it is part (see, to that effect, M. and Others , C‑627/13 and C‑2/14, EU:C:2015:59, paragraph 49 and the case-law cited). | 51. The reason for this is that, like Regulation No 2580/2001, that inclusion on the list is of general application. It serves, together with that regulation, to impose on an indeterminate number of persons an obligation to comply with specific restrictive measures against DHKP-C (see, by analogy, Kadi and Al Barakaat International Foundation v Council and Commission , paragraphs 241 to 244). | 0 |
11,122 | 34. As regards the first issue relating to inadmissibility referred to by the Commission, which is based on the fact that interpretation of Regulation No 1206/2001 does not appear to be necessary for the resolution of the dispute in the main proceedings, it must be recalled that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of European Union law referred to in the questions bears no relation to the purpose of the main action (see, inter alia, Case C-105/03 Pupino [2005] ECR I-5285, paragraph 30, and Case C-467/05 Dell’Orto [2007] ECR I‑5557, paragraph 40). | 19 IT IS IMPORTANT TO POINT OUT ALSO THAT IN ITS NEGOTIATIONS WITH NON-MEMBER COUNTRIES THE COMMISSION FACES CONSIDERABLE DIFFICULTIES AS A RESULT OF THE FACT THAT THE ECSC IS A NET EXPORTER OF STEEL ; IN SUCH CIRCUMSTANCES IT IS COMPELLED TO ENSURE THE CONTINUANCE OF COMMUNITY EXPORTS AT THE SAME TIME AS IT MUST ATTEMPT TO LIMIT IMPORTS INTO THE COMMUNITY , AND IT HAD REASON TO FEAR THAT BY TAKING NON-NEGOTIATED RESTRICTIVE DECISIONS WITH REGARD TO NON-MEMBER COUNTRIES IT MIGHT PROVOKE RETALIATORY MEASURES ON THEIR PART WHICH WOULD BE DETRIMENTAL TO THE GENERAL INTEREST .
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11,123 | 38
In that regard, the Commission enjoys wide discretion, the exercise of which involves complex economic and social assessments (see, to that effect, judgments of 11 September 2008, Germany and Others v Kronofrance, C‑75/05 P and C‑80/05 P, EU:C:2008:482, paragraph 59, and of 8 March 2016, Greece v Commission, C‑431/14 P, EU:C:2016:145, paragraph 68). | 87. It is however unarguable that the cigarette market particularly lends itself to the development of unlawful trade and that if the manufacture within the Community itself of cigarettes which could not legally be put into circulation or on the market in the Community were to be allowed, that would be likely to increase the risks of fraud. | 0 |
11,124 | 76 In its judgment in that case, however, the Court held that none of those pleas was well founded. | 51. First of all, it must be noted that, in accordance with the Court’s settled case-law, the choice of the legal basis for an EU measure must rest on objective factors amenable to judicial review, which include the aim and content of that measure (judgments in Parliament v Council , C‑130/10, EU:C:2012:472, paragraph 42, and United Kingdom v Council , C‑431/11, EU:C:2013:589, paragraph 44). | 0 |
11,125 | 35. The conclusion that, in order to satisfy the objective of the First Yaoundé Convention, it is unnecessary to interpret Article 14 in a manner that is broader than its wording strictly permits, so as to confer on that provision a scope that is comparable to that of the second paragraph of Article 90 EC, is also supported by the Court’s interpretation of provisions that are virtually identical to Article 14 in disputes relating to agreements aimed at establishing a system of free trade. The Court has held that those provisions imposed on the contracting parties a rule against discrimination in matters of taxation, which is dependent only on a finding that the products affected by a particular system of taxation are of like nature (see Case 104/81 Kupferberg [1982] ECR 3641, paragraph 26, and Joined Cases C‑114/95 and C‑115/95 Texaco and Olieselskabet Danmark [1997] ECR I‑4263, paragraph 31). | 26 IT APPEARS FROM THE FOREGOING THAT THE FIRST PARAGRAPH OF ARTICLE 21 OF THE AGREEMENT IMPOSES ON THE CONTRACTING PARTIES AN UNCONDITIONAL RULE AGAINST DISCRIMINATION IN MATTERS OF TAXATION , WHICH IS DEPENDENT ONLY ON A FINDING THAT THE PRODUCTS AFFECTED BY A PARTICULAR SYSTEM OF TAXATION ARE OF LIKE NATURE , AND THE LIMITS OF WHICH ARE THE DIRECT CONSEQUENCE OF THE PURPOSE OF THE AGREEMENT . AS SUCH THIS PROVISION MAY BE APPLIED BY A COURT AND THUS PRODUCE DIRECT EFFECTS THROUGHOUT THE COMMUNITY .
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11,126 | 44. The Court has also held that a threat to the functioning of the institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security (see, inter alia, Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraphs 34 and 35; Case C‑70/94 Werner [1995] ECR I‑3189, paragraph 27; Albore , paragraph 22; and Case C‑398/98 Commission v Greece [2001] ECR I‑7915, paragraph 29). | 17. Il convient de rappeler, à cet égard, que, si les États membres sont libres de choisir les voies et moyens destinés à assurer la mise en œuvre d’une directive, cette liberté laisse cependant entière l’obligation, pour chacun des États destinataires, de prendre, dans le cadre de son ordre juridique national, toutes les mesures nécessaires en vue d’assurer le plein effet de la directive (voir, en ce sens, arrêt du 10 avril 1984, von Colson et Kamann, 14/83, Rec. p. 1891, point 15). | 0 |
11,127 | 36. As regards medical services, it is apparent from the case-law that Article 13A(1)(b) of the Sixth Directive covered all services supplied in a hospital environment while Article 13A(1)(c) thereof covered medical services provided outside such a framework, both at the private address of the person providing the care and at the patient’s home or at any other place (see, to that effect, Case C‑141/00 Kügler [2002] ECR I‑6833, paragraph 36). It follows that Article 13A(1)(b) and (c) of the Sixth Directive, which had separate fields of application, were intended to regulate all exemptions of medical services in the strict sense (see Kügler , paragraph 36, and Case C‑106/05 L.u.P. [2006] ECR I‑5123, paragraph 26). | 9 The applicant is directly concerned by the contested measures because Regulation No 962/88 requires the national authorities to reject pending applications for import licences and thus leaves them no discretion . | 0 |
11,128 | 36. The right to be heard guarantees every person the opportunity to make known his views effectively during an administrative procedure and before the adoption of any decision liable to affect his interests adversely (see, inter alia, the judgments in M. , C‑277/11, EU:C:2012:744, paragraph 87 and case-law cited, and Mukarubega , EU:C:2014:2336, paragraph 46). | 49 There is no doubt that a migrant Turkish worker such as Mr Birden satisfies that requirement, since it is not disputed that he legally entered the territory of the Member State concerned and occupied a post organised and financed by the public authorities of that State. | 0 |
11,129 | 36. Second, the fine at issue in the main proceedings is not imposed on account of any transaction, but as a result of belated rectification by the taxable person of a deduction which he has made and which has ceased to have a basis. A charge resulting in double taxation contrary to the principle of fiscal neutrality cannot therefore be considered to be involved (see, to this effect and by analogy, Case C‑155/01 Cookies World [2003] ECR I‑8785, paragraph 60, and Case C-502/07 K-1 [2009] ECR I‑161, paragraphs 17 to 19). | 161. As regards the alleged failure to state reasons, it is not for the Court of Justice to require the General Court to provide reasons for each of its choices where it relies on one item of evidence as opposed to another in support of its decision. To decide otherwise would, once again, be tantamount to the Court of Justice substituting its own assessment of that evidence for that made by the General Court, which it is not empowered to do. It follows from the foregoing that the seventh part of the second ground of the cross‑appeal must be rejected. | 0 |
11,130 | 35 In the second place, as regards the question whether that provision complies with the principle of proportionality, it must be pointed out that effective supervision is essential to the proper functioning of the system of refunds, as the refunds can be paid only if the goods are correctly identified (see Case 276/84 Metelmann v Hauptzollamt Hamburg-Jonas [1985] ECR 4057, paragraph 11). | 32 Secondly, the Court has found in favour of a narrow interpretation of the concept "judgment given on the appeal" in Article 37(2) of the Convention and has ruled that under the general scheme of the Convention, and in the light of one of its principal objectives, which is to simplify procedures in the State in which enforcement is sought, that provision cannot be extended so as to enable an appeal in cassation to be lodged against a judgment other than that given on the appeal (Case 258/83 Brennero v Wendel [1984] ECR 3971, paragraph 15, and Case C-183/90 Van Dalfsen v van Loon [1991] ECR I-4743, paragraph 19). | 0 |
11,131 | 52. As Community law stands, so long as harmonisation of the measures necessary to ensure the protection of health is not more complete, it is difficult to avoid the existence of differences in the classification of products as between Member States in the context of Directive 65/65 (see, inter alia, Case C-201/96 LTM [1997] ECR I-6147, paragraph 24, and Case C-270/96 Laboratoires Sarget [1998] ECR I-1121, paragraph 23). | 11 THE PARTS OF THE CONTESTED DECISION WHOSE ANNULMENT IS REQUESTED ARE INSEPARABLE FROM THIS DECISION AS A WHOLE SO THAT IN THEIR ABSENCE THE MEASURE IN DISPUTE WOULD NO LONGER BE CAPABLE OF PRODUCING LEGAL EFFECTS . | 0 |
11,132 | 42
The provisions of Directive 2004/83 must, consequently, be interpreted in the light of its general scheme and purpose, and in a manner consistent with the Geneva Convention and the other relevant treaties referred to in Article 78(1) TFEU (judgments of 9 November 2010, B and D, C‑57/09 and C‑101/09, EU:C:2010:661, paragraph 78, and of 2 December 2014, A and Others, C‑148/13 to C‑150/13, EU:C:2014:2406, paragraph 46). | 21 THE APPLICANT ' S FINAL SUBMISSION MUST ALSO BE REJECTED SINCE IT IS WRONGLY BASED ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS . THAT PRINCIPLE MAY NOT BE RELIED UPON BY AN UNDERTAKING WHICH HAS COMMITTED A MANIFEST INFRINGEMENT OF THE RULES IN FORCE . IT MUST BE ADDED THAT , IN THIS CASE , THE PRELIMINARY INVESTIGATION INVOLVED DISCUSSIONS . THE APPLICANT MUST NECESSARILY HAVE REALIZED THAT A FINE WOULD BE IMPOSED ON IT .
AMOUNT OF THE FINE | 0 |
11,133 | 55. Further, as regards the argument of the Romanian Government, at the hearing, that E.ON, by maintaining its tax representative, created a legal vacuum, thereby depriving it of any possibility of obtaining a refund of VAT, it must be stated that, if the effect of the supplies of electricity concerned is to render the Eighth Directive inapplicable, the deduction of input VAT must, as a rule, be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements. The principle of fiscal neutrality precludes a penalty consisting in a refusal of the right to a refund or the right to deduct (see Case C‑284/11 EMS-Bulgaria Transport [2012] ECR, paragraphs 71 and 77; see also, by analogy, Case C‑146/05 Collée [2007] ECR I‑7861, paragraph 31). | 84. It follows that such legislation must be examined in the light of Article 56 TFEU.
ii) Existence of a restriction on the freedom to provide services | 0 |
11,134 | 40. Furthermore, the Court has ruled that, in the case of slot machines which, pursuant to mandatory statutory requirements, are set in such a way that they pay out as winnings on average at least 60% of the stakes inserted, the consideration actually received by the operator in return for making the machines available consists only of the proportion of the stakes which he can actually take for himself ( Glawe , paragraph 9). Although, in Glawe , the Court was not required to resolve the issue of whether the principle of ‘individual taxation’ required the calculation of the taxable amount to take account of the individual stake for a game or a series of games, that is to say, the stake inserted by a particular player, it is clear from paragraphs 5 and 14 of the judgment in Glawe , read in the light of points 27 to 30 of the Opinion of Advocate General Jacobs in that case, that the Court was of the view that it did not. | 42 Contrary to the Commission's submissions, it is the mere failure to authenticate an act which constitutes the infringement of an essential procedural requirement and it is not necessary also to establish that the act is vitiated by some other defect or that the lack of authentication resulted in harm to the person relying on it. | 0 |
11,135 | 26. With regard, firstly, to the plea of inadmissibility raised by the hospital, it is sufficient to state that it is apparent from the order for reference that the national court regards it as established fact that the hospital constitutes a public sector institution attached to the public authorities. It has consistently been held that a directive may be relied on not only against State authorities, but also against organisations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable to relations between individuals, such as local or regional authorities or other bodies which, irrespective of their legal form, have been given responsibility, by the public authorities and under their supervision, for providing a public service (Case 103/88 Fratelli Costanzo [1989] ECR 1839, paragraph 31; Case C-188/89 Foster and Others [1990] ECR I-3313, paragraph 19; and Case C‑157/02 Rieser Internationale Transporte [2004] ECR I‑1477, paragraph 24). | 32. It is clear from the wording of Article 204 of the Customs Code that it applies only to situations which do not fall within the scope of Article 203 of the same code ( Hamann International EU:C:2004:90, paragraph 29). | 0 |
11,136 | 58. Those requirements are of particular importance in the area of competition, which is characterised by complex factual and legal situations (see Telemarsicabruzzo and Others , paragraph 7; Bettati , paragraph 68; and Albany International , paragraph 39). | 20. In order to provide a useful reply to those questions, it must be observed as a preliminary point that the Community directives on public contracts aim to coordinate national procedures in that field. As regards, more particularly, public service contracts, the third recital in the preamble to the Directive states that the objectives set out in the first and second recitals ‘… require the coordination of the procurement procedures for the award of public service contracts’. | 0 |
11,137 | 49. In that respect, it is settled case-law that any advantage resulting from the low taxation to which a subsidiary established in a Member State other than the one in which the parent company was incorporated is subject cannot by itself authorise that Member State to offset that advantage by less favourable tax treatment of the parent company (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 21; see also, by analogy, Case C-294/97 Eurowings Luftverkehr [1999] ECR I-7447, paragraph 44, and Case C-422/01 Skandia and Ramstedt [2003] ECR I-6817, paragraph 52). The need to prevent the reduction of tax revenue is not one of the grounds listed in Article 46(1) EC or a matter of overriding general interest which would justify a restriction on a freedom introduced by the Treaty (see, to that effect, Case C-136/00 Danner [2002] ECR I-8147, paragraph 56, and Skandia and Ramstedt , paragraph 53). | 10 THE TASK OF THE SELECTION BOARD CONSISTS OF AT LEAST TWO SEPARATE STAGES, THE FIRST BEING AN EXAMINATION OF THE APPLICATIONS IN ORDER TO SELECT THE CANDIDATES ADMITTED TO THE COMPETITION AND THE SECOND BEING AN EXAMINATION OF THE ABILITIES OF THE CANDIDATES FOR THE POSTS TO BE FILLED IN ORDER TO DRAW UP A LIST OF SUITABLE CANDIDATES . | 0 |
11,138 | 35
According to the Court’s case-law, Article 21 TFEU, which sets out generally the right of every citizen of the Union to move and reside freely within the territory of the Member States, finds specific expression in Article 45 TFEU in relation to freedom of movement for workers and Article 49 TFEU in relation to the freedom of establishment (see, to that effect, judgment of 12 July 2012, Commission v Spain , C‑269/09, EU:C:2012:439, paragraph 49 and the case-law cited). | 54. Therefore, in order to be eligible for the aid in question, the area at issue in the main proceedings must be an agricultural area, be part of a farmer’s holding and be used for agricultural activities or, where the area is used as well for non-agricultural activities, predominantly used for agricultural activities. | 0 |
11,139 | 20. In order to answer that question, it should first be borne in mind that the right to a refund of charges levied in a Member State in breach of the rules of EU law is the consequence and complement of the rights conferred on individuals by the provisions of EU law prohibiting such charges. The Member State is therefore required in principle to repay charges levied in breach of EU law (see Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12; Case C‑264/08 Direct Parcel Distribution Belgium [2010] ECR I‑731, paragraph 45; and Case C‑398/09 Lady & Kid and Others , [2011] ECR I‑0000, paragraph 17). | 45. According to well-established case-law, the right to a refund of charges levied in a Member State in breach of the rules of Community law is the consequence and complement of the rights conferred on individuals by Community provisions as interpreted by the Court. The Member State is therefore required in principle to repay charges levied in breach of Community law (see, inter alia, Case C-524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 110 and case-law cited). | 1 |
11,140 | 21. Thirdly, as regards the first paragraph of Article 7 of Decision No 1/80, it is settled case-law that the rights accorded by that provision to the members of a Turkish worker’s family who satisfy the conditions set out in that paragraph cannot be restricted except in accordance with Article 14(1) of that decision, namely on grounds of public policy, public security or public health, or because of the fact that the party concerned has left the territory of the host Member State for a significant length of time without legitimate reason (Case C-329/97 Ergat [2000] ECR I-1487, paragraphs 45, 46 and 48; Case C‑467/02 Cetinkaya [2004] ECR I-10895, paragraphs 36 and 38; and Case C‑373/03 Aydinli [2005] ECR I-0000, paragraph 27). | 35 Although in many Member States the law provides that the profits made by a lottery may be used only for certain purposes, in particular in the public interest, or may even be required to be paid into the State budget, the rules on the allocation of profits do not alter the nature of the activity in question or deprive it of its economic character. | 0 |
11,141 | 33. As European Union law now stands, service concession contracts are not governed by any of the directives by which the legislature has regulated the field of public procurement (see Coname , paragraph 16, and Case C‑347/06 ASM Brescia [2008] ECR I‑5641, paragraph 57). However, the public authorities concluding them are bound to comply with the fundamental rules of the EC Treaty, including Articles 43 EC and 49 EC, and with the consequent obligation of transparency (see, to that effect, Telaustria and Telefonadress , paragraphs 60 to 62; Coname , paragraphs 16 to 19; and Parking Brixen , paragraphs 46 to 49). | 11 Pursuant to Article 4(1)(b) of Regulation No 1408/71 that regulation is applicable to all legislation concerning the branches of social security which cover invalidity benefits, including those intended for the maintenance or improvement of earning capacity. Article 4(4) of Regulation No 1408/71, however, provides that the regulation is not applicable to social and medical assistance. | 0 |
11,142 | 52. There is such distortion where, without recourse to new evidence, the assessment of the existing evidence is clearly incorrect (judgment in Comitato ‘Venezia vuole vivere’ and Others v Commission , C‑71/09 P, C‑73/09 P and C‑76/09 P, EU:C:2011:368, paragraph 153 and the case-law cited). However, such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (judgment in General Motors v Commission , C‑551/03 P, EU:C:2006:229, paragraph 54). Moreover, where an appellant alleges distortion of the evidence by the General Court, he must indicate precisely the evidence alleged to have been distorted by that Court and show the errors of appraisal which, in his view, led to that distortion (see, to that effect, Aalborg Portland and Others v Commission , C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6, paragraph 50, and PepsiCo v Grupo Promer Mon Graphic , C‑281/10 P, EU:C:2011:679, paragraph 78). | 9 The Italian Government does not deny that Directive 94/2 was not transposed within the period prescribed. It merely states that the measures to transpose that directive will be taken in the near future. It also notes that, in so far as Directive 94/2 implements Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (OJ 1992 L 297, p. 16), which has not yet been formally transposed, Directive 94/2 cannot be implemented until the procedure for transposing Directive 92/75 has been completed, the draft legislation being at present under examination by the Italian Council of State. | 0 |
11,143 | 36
That annex is divided into two parts, A and B. Medical transport services, such as those at issue in the main proceedings, are, according to the information provided by the referring court, covered by Category 2 in Annex II A to Directive 2004/18 as regards the transport aspects of those services, and by Category 25 in Annex II B to that directive as regards the medical aspects thereof (see, with regard to emergency ambulance services, judgment in Azienda sanitaria locale No 5 ’Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 34 and the case law cited therein). | 85. À cet égard, il y a lieu de rappeler que le Tribunal est seul compétent pour contrôler la façon dont la Commission a apprécié dans chaque cas particulier la gravité des comportements illicites. Dans le cadre du pourvoi, le contrôle de la Cour a pour objet, d’une part, d’examiner dans quelle mesure le Tribunal a pris en considération, d’une manière juridiquement correcte, tous les facteurs essentiels pour apprécier la gravité d’un comportement déterminé à la lumière des articles 81 CE et 23 du règlement n° 1/2003 et, d’autre part, de vérifier si le Tribunal a répondu à suffisance de droit à l’ensemble des arguments invoqués au soutien de la demande de suppression de l’amende ou de réduction du montant de celle-ci (voir, notamment, arrêts précités Baustahlgewebe/Commission, point 128, ainsi que Dansk Rørindustri e.a./Commission, point 244). | 0 |
11,144 | 22. The first sentence of Article 6(3) of the Habitats Directive makes the requirement of an appropriate assessment of the implications of a plan or project conditional on there being a probability or a risk that that plan or project will have a significant effect on the site concerned (Case C-127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I-7405, paragraph 43). That condition is fulfilled if it cannot be excluded, on the basis of objective information, that that plan or project will have a significant effect on the site concerned (see, to that effect, Case C-418/04 Commission v Ireland [2007] ECR I-10947, paragraph 227). | 74
It must therefore be held that the concept of ‘trial resulting in the decision’, within the meaning of Article 4a(1) of Framework Decision 2002/584, must be understood as referring to the proceeding that led to the judicial decision which finally sentenced the person whose surrender is sought in connection with the execution of a European Arrest Warrant. | 0 |
11,145 | 31 It follows that the principles laid down by the Court on the basis of Articles 30 and 36 of the Treaty are applicable to trade between the Community and the two new Member States. The Court has consistently held that the proprietor of an industrial or commercial property right protected by the legislation of a Member State cannot rely upon that legislation to prevent the importation of a product which has been lawfully marketed in another Member State by the proprietor himself or with his consent. The Court has inferred from that principle that an inventor, or someone deriving rights from him, cannot invoke the patent which he holds in one Member State to prevent the importation of a product freely marketed by him in another Member State where the product is not patentable (judgment in Case 187/80 Merck [1981] ECR 2063, paragraphs 12 and 13). | 39. It should be recalled that that concept of the ‘same acts’ also appears in Article 54 of the CISA. In that context, the concept has been interpreted as referring only to the nature of the acts, encompassing a set of concrete circumstances which are inextricably linked together, irrespective of the legal classification given to them or the legal interest protected (see Case C-436/04 Van Esbroeck [2006] ECR I‑2333, paragraphs 27, 32 and 36, and Case C-150/05 Van Straaten [2006] ECR I‑9327, paragraphs 41, 47 and 48). | 0 |
11,146 | S’agissant de la seconde branche du premier moyen du pourvoi, il y a lieu de relever, tout d’abord, que le contrôle prévu par les traités impliquant que le juge de l’Union européenne exerce un contrôle tant de droit que de fait et qu’il ait le pouvoir d’apprécier les éléments de preuve, d’annuler la décision attaquée et de modifier le montant des amendes, il n’apparaît pas, dès lors, que le contrôle de légalité prévu à l’article 263 TFUE, complété par la compétence de pleine juridiction quant au montant de l’amende, prévue à l’article 31 du règlement n° 1/2003, soit contraire aux exigences du principe de protection juridictionnelle effective figurant à l’article 47 de la Charte (arrêt du 18 juillet 2013, Schindler Holding e.a./Commission, C‑501/11 P, EU:C:2013:522, point 38). | 9 IN RELATION TO PATENTS, THE SPECIFIC SUBJECT MATTER OF THE INDUSTRIAL PROPERTY IS THE GUARANTEE THAT THE PATENTEE, TO REWARD THE CREATIVE EFFORT OF THE INVENTOR, HAS THE EXCLUSIVE RIGHT TO USE AN INVENTION WITH A VIEW TO MANUFACTURING INDUSTRIAL PRODUCTS AND PUTTING THEM INTO CIRCULATION FOR THE FIRST TIME, EITHER DIRECTLY OR BY THE GRANT OF LICENCES TO THIRD PARTIES, AS WELL AS THE RIGHT TO OPPOSE INFRINGEMENTS . | 0 |
11,147 | 40. As regards the issue of whether the application of a reduced rate to the transportation of a body by vehicle undermines the principle of fiscal neutrality inherent in the common system of VAT, that principle precludes treating similar goods and supplies of services, which are thus in competition with each other, differently for VAT purposes (see, inter alia, Commission v France , paragraph 25, and Zweckverband zur Trinkwasserversorgung und Abwasserbeseitigung Torgau-Westelbien , paragraph 42). | 50. As a result, the direct link which exists under the tax integration regime between the tax advantages and the neutralisation of intra-group transactions would thus be eliminated, thereby affecting the coherence of that regime. | 0 |
11,148 | 44. The Court has therefore already held that rules such as those at issue in the main proceedings deter, or even prevent, insured persons from applying to providers of medical services established in Member States other than that of the insurance fund and constitute, both for insured persons and service providers, a barrier to freedom to provide services (Smits and Peerbooms , paragraph 69). | 65. S’agissant, ensuite, du grief de la Commission visant la pratique des autorités portugaises en matière d’inscription des ressources propres dans le cadre de la convention ATA, il convient de rappeler, d’une part, que, dans le cadre d’une procédure en manquement, il incombe à la Commission d’établir l’existence du manquement allégué, 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, arrêts du 29 mai 2001, Commission/Italie, C-263/99, Rec. p. I-4195, point 27, ainsi que du 6 novembre 2003, Commission/Royaume-Uni, C-434/01, Rec. p. I‑13239, point 21 et jurisprudence citée). | 0 |
11,149 | 25 In that respect, the Court has consistently held that the concept of worker has a specific Community meaning and must not be interpreted narrowly. It must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. In order to be treated as a worker, a person must pursue an activity which is effective and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. By contrast, the nature of the legal relationship between the worker and the employer is not decisive for the purposes of determining whether a person is a worker within the meaning of Community law (see, as regards Article 48 of the Treaty, in particular, Case 66/85 Lawrie-Blum v Land Baden-Württemberg [1986] ECR 2121, paragraphs 16 and 17; Case 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205, paragraph 21; Case C-357/89 Raulin [1992] ECR I-1027, paragraph 10; and, as regards Article 6(1) of Decision No 1/80, Günaydin, paragraph 31, and Ertanir, paragraph 43). | 40. In order to ensure the effectiveness of the protection which Directive 93/13 is intended to provide, the Court has held on numerous occasions that such an imbalance may only be corrected by positive action unconnected with the actual parties to the contract ( Océano Grupo Editorial and Salvat Editores , paragraph 27; Mostaza Claro , paragraph 26; Asturcom Telecomunicaciones , paragraph 31; and the order in Pohotovost’ , paragraph 39). | 0 |
11,150 | 19. It is apparent from the Court’s case-law that freedom of establishment is hindered if, under a Member State’s legislation, a resident company having a subsidiary or a permanent establishment in another Member State or in another State that is party to the EEA Agreement suffers a disadvantageous difference in treatment for tax purposes compared with a resident company having a permanent establishment or a subsidiary in the first Member State (see to this effect, in particular, the judgments in Papillon , C‑418/07, EU:C:2008:659, paragraphs 16 to 22, and Argenta Spaarbank , C‑350/11, EU:C:2013:447, paragraphs 20 to 34). | 40. Accordingly, where a financial leasing contract relating to a motor vehicle provides either that ownership of that vehicle is to be transferred to the lessee on the expiry of that contract or that the lessee is to possess all the essential powers attaching to ownership of that vehicle and, in particular, that substantially all the rewards and risks incidental to legal ownership of that vehicle are transferred to the lessee and that the present value of the amount of the lease payments is practically identical to the market value of the property, the transaction must be treated as the acquisition of capital goods. | 0 |
11,151 | 47. If a mark does not ab initio have distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94, Article 7(3) provides that it may acquire such character in relation to the goods or services claimed in consequence of the use which has been made of it. That distinctive character may be acquired, inter alia, after the normal process of familiarising the relevant public has taken place (see Case C-104/01 Libertel [2003] ECR I-3793, paragraph 67). | 30. In this respect, the measures of control at issue in the main proceedings relate to compliance with Regulation No 1139/98. As the Advocate General observes in point 32 of his Opinion, that regulation has a dual purpose: first, to remove potential obstacles to the free movement of products containing genetically modified soya and maize, and, second, to provide the final consumer with information. | 0 |
11,152 | 26 For the purpose of answering that question it should be borne in mind that in order that the derogation to the application of the rules of the Treaty set out in Article 90(2) thereof may take effect, it is not sufficient for the undertaking in question merely to have been entrusted by the public authorities with the operation of a service of general economic interest, but it must be shown in addition that the application of the rules of the Treaty obstructs the performance of the particular tasks assigned to the undertaking and that the interests of the Community are not affected (see the judgments in Case 311/84 CBEM v Compagnie Luxembourgeoise [1985] ECR 3261, paragraph 17, and in Case C-41/90 Hoefner, cited above, paragraph 24). | 34. As stated in clause 2.4 of the Framework Agreement on Parental Leave, workers must be protected against dismissal ‘on the grounds of’ an application for, or the taking of, parental leave in accordance with national law, collective agreements or practices. | 0 |
11,153 | 36. With regard, first, to what that justification consists of, it must be noted that a difference in the remuneration paid to women in relation to that paid to men for the same work or work of equal value must, in principle, be considered contrary to Article 141 EC and, consequently, to Directive 75/117. It would be otherwise only if the difference in treatment were justified by objective factors unrelated to any discrimination based on sex (see Brunnhofer , paragraph 66 and the case-law cited). | En ce qui concerne la décharge de Juan Grande, le Royaume d’Espagne invoque le fait que les travaux nécessaires ont été suspendus
par une autorité judiciaire. Toutefois, il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de situations
de son ordre interne pour justifier le non-respect des obligations et des délais résultant du droit de l’Union. En particulier,
l’exercice de voies de recours juridictionnelles est sans incidence sur le bien-fondé d’un grief formulé dans le cadre d’une
procédure en manquement (voir, en ce sens, arrêt Commission/Slovénie, C‑140/14, EU:C:2015:501, points 76 à 80 et jurisprudence
citée). | 0 |
11,154 | 28. As regards transactions of an intra-Community nature, Article 15(1) to (3) of the Sixth Directive, in the version applicable before 1 January 1993, provided for the exemption of supplies of goods and supplies of services relating to goods which were dispatched or transported to a destination outside of the territory of the Member State. As from that date, the exemption of those supplies to another Member State has been provided for in the first subparagraph of Article 28cA(a) of that directive. Under Article 17(3)(b) of the directive, as amended by Article 28f(1) thereof, the deduction of input VAT on such transactions is permitted in the Member State of the departure of the dispatch or intra-Community transport of the goods (see Case C-245/04 EMAG Handel Eder [2006] ECR I-3227, paragraph 30). | 194. The Court, proceeding on the basis of such an interpretation, has already held that a hotel proprietor carries out an act of communication when he gives his customers access to the broadcast works via television sets, by distributing in the hotel rooms, with full knowledge of the position, the signal received carrying the protected works. The Court has pointed out that such intervention is not just a technical means to ensure or improve reception of the original broadcast in the catchment area, but an act without which those customers are unable to enjoy the broadcast works, although physically within that area (see, to this effect, SGAE , paragraph 42). | 0 |
11,155 | 42. For an agreement, decision or practice to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability, on the basis of a set of objective factors of law or of fact, that they may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in such a way as to cause concern that they might hinder the attainment of a single market between Member States (see Case 42/84 Remia and Others v Commission [1985] ECR 2545, paragraph 22, and Ambulanz Glöckner , cited above, paragraph 48). Moreover, that influence must not be insignificant (Case C-306/96 Javico [1998] ECR I-1983, paragraph 16). | 71. Cette disposition, en tant que dérogation au principe fondamental de libre circulation des capitaux, doit faire l’objet d’une interprétation stricte. Cela induit, notamment, qu’elle ne saurait être interprétée en ce sens que toute législation fiscale comportant une distinction entre les contribuables en fonction du lieu où ils résident ou de l’État membre dans lequel ils investissent leur capitaux serait automatiquement compatible avec le traité (voir, en ce sens, arrêt Arens‑Sikken, C‑43/07, EU:C:2008:490, point 51). | 0 |
11,156 | 52. The Court has, however, acknowledged that there could be a limit to this principle in certain cases. Thus it held in paragraph 27 of the judgment in Kühne & Heitz that the administrative body responsible for the adoption of an administrative decision is, in accordance with the principle of cooperation arising from Article 10 EC, under an obligation to review and possibly to reopen that decision if four conditions are fulfilled. First, the administrative body must, under national law, have the power to reopen that decision. Secondly, the administrative decision in question must have become final as a result of a judgment of a national court ruling at final instance. Thirdly, that judgment must, in the light of a decision given by the Court subsequent to it, be based on a misinterpretation of Community law which was adopted without a question being referred to the Court for a preliminary ruling in the circumstances set out in the third paragraph of Article 234 EC. Fourthly, the person concerned must have complained to the administrative body immediately after becoming aware of that decision of the Court. | 5. Par l’arrêt Comitato «Venezia vuole vivere» e.a./Commission (C‑71/09 P, C‑73/09 P et C‑76/09 P, EU:C:2011:368), la Cour a rejeté les pourvois formés contre l’arrêt mentionné au point précédent. | 0 |
11,157 | 34 According to settled case-law, a decision adopted by the Community institutions which has not been challenged by its addressee within the time-limit laid down by the fifth paragraph of Article 230 EC becomes definitive as against that person (see, inter alia, Commission v Belgium, cited above, paragraphs 20 to 24; Commission v Greece, cited above, paragraphs 9 and 10; TWD Textilwerke Deggendorf, paragraph 13, and Case C-239/99 Nachi Europe [2001] ECR I-1197, paragraph 29). Such a rule is based in particular on the consideration that the periods within which legal proceedings must be brought are intended to ensure legal certainty by preventing Community measures which produce legal effects from being called in question indefinitely (Wiljo, paragraph 19). | 91. Such rules, which grant a legal person such as the OTOC the power to rule unilaterally on applications for registration or approval submitted with a view to the organisation of training sessions, without that power being made subject by those rules to limits, obligations or a review, could lead the legal person holding such power to distort competition by favouring the training which it organises itself (see, by analogy, MOTOE , paragraph 52). | 0 |
11,158 | 61. That provision of the Treaty on European Union reflects the settled case‑law of the Court according to which fundamental rights form an integral part of the general principles of law the observance of which the Court ensures (see, inter alia, Case C‑521/09 P Elf Aquitaine v Commission [2011] ECR I‑8947, paragraph 112). | 112. According to consistent case-law, and as confirmed in Article 6(3) TEU, fundamental rights are an integral part of the general principles of law whose observance the Court ensures. The Court has thus repeatedly held that respect for the rights of the defence in the conduct of administrative procedures relating to competition policy constitutes a general principle of EU law (see, inter alia, Case C‑534/07 P Prym and Prym Consumer v Commission [2009] ECR I‑7415, paragraph 26 and the case-law cited). | 1 |
11,159 | 39. As for the second objection, it must be acknowledged that all the facts in the main proceedings are confined to a single Member State. However, national legislation such as Decree-Law No 422/89, which applies without distinction to Portuguese nationals and to nationals of other Member States, may generally fall within the scope of the provisions on the fundamental freedoms established by the Treaty only to the extent that it applies to situations related to intra-Community trade (see, to that effect, Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, paragraph 9, and Case 98/86 Mathot [1987] ECR 809, paragraphs 8 and 9, and Reisch and Others , cited above, paragraph 24). | 54. The employer may not render nugatory the right of a worker who has taken parental leave to be transferred to another post, in accordance with the conditions laid down in clause 2.5 of the Framework Agreement on Parental Leave, by offering that worker a post which is due to be abolished. | 0 |
11,160 | 17
In accordance with equally settled case-law, Article 267 TFEU gives national courts the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving the interpretation of provisions of EU law, or consideration of their validity, which are necessary for the resolution of the case before them. National courts are, moreover, free to exercise that discretion at whatever stage of the proceedings they consider appropriate (see judgments of 5 October 2010, Elchinov, C‑173/09, EU:C:2010:581, paragraph 26 and the case-law cited, and of 11 September 2014, A, C‑112/13, EU:C:2014:2195, paragraph 39 and the case-law cited). The choice of the most appropriate time to refer a question for a preliminary ruling lies within their exclusive jurisdiction (see judgments of 15 March 2012, Sibilio, C‑157/11, not published, EU:C:2012:148, paragraph 31 and the case-law cited, and of 7 April 2016, Degano Trasporti, C‑546/14, EU:C:2016:206, paragraph 16). | 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 |
11,161 | 132. Notwithstanding their preventive nature, the restrictive measures at issue have, as regards those rights and freedoms, a substantial negative impact related, first, to the serious disruption of the working and family life of the person concerned due to the restrictions on the exercise of his right to property which stem from their general scope combined, as in this case, with the actual duration of their application, and, on the other, the public opprobrium and suspicion of that person which those measures provoke (see, to that effect, the Kadi judgment, paragraphs 358, 369 and 375; France v People’s Mojahedin Organization of Iran , paragraph 64; Al-Aqsa v Council and Netherlands v Al-Aqsa , paragraph 120, and the judgment of 28 May 2013 in Case C‑239/12 P Abdulrahim v Council and Commission [2013] ECR I‑0000, paragraph 70 and case-law cited). | 31 It is necessary to examine whether rules such as those at issue in the main proceedings are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (Case 8/74 Dassonville [1974] ECR 837, paragraph 5). | 0 |
11,162 | 83. According to the appellant, in adjudicating, at paragraph 79 of the judgment under appeal, on the plea for annulment alleging infringement of Articles 25 and 26 of Regulation No 4253/88, the Court of First Instance misinterpreted the judgment in Mediocurso v Commission , according to which, in all proceedings against a person, respect for that person’s rights of defence must be guaranteed even in the absence of any specific rules in that connection. The Court confined the possibility of applying that rule to the sole situation in which it is relied on as being necessary to safeguard the rights of the defence. It therefore adopted an interpretation which is at odds with that followed by the courts of the European Union, for which the application of that rule is unconditional. The appellant refers in this connection to Case C-287/02 Spain v Commission [2005] ECR I‑5093, paragraph 37; Case C‑44/06 Gerlach [2007] ECR I‑2071, paragraph 38; and judgment of 8 March 2007 in Case T‑65/04 Nuova Gela Sviluppo v Commission , paragraph 53. | 78. Next, contrary to the assertions of the Netherlands, German and Spanish Governments, the existing machinery for mutual assistance between the authorities of the Member States is sufficient to enable the Member State of origin to check the truthfulness of the returns made by companies which have opted for deferred payment of the tax. Since the tax is definitively determined at the time when the company, because of the transfer of its place of effective management, ceases to obtain profits taxable in the Member State of origin, the assistance of the host Member State will concern not the correct ascertainment of the tax but only its recovery. Article 4(1) of Council Directive 2008/55/EC of 26 May 2008 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (OJ 2008 L 150, p. 28) provides that ‘[a]t the request of the applicant authority, the requested authority shall provide any information which would be useful to the applicant authority in the recovery of its claim’. That directive thus enables the Member State of origin to obtain information from the competent authority of the host Member State on whether or not certain assets of a company which has transferred its place of effective management to the latter Member State have been realised, in so far as the information is necessary to enable the Member State of origin to recover a tax debt which arose at the time of that transfer. Moreover, Directive 2008/55, in particular Articles 5 to 9, provides the authorities of the Member State of origin with a framework of cooperation and assistance allowing them actually to recover the tax debt in the host Member State. | 0 |
11,163 | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 8 mars 2007, Commission/Italie, C‑160/06, non publié au Recueil, point 9). | 38 That argument cannot be accepted because in view of the importance of the purpose of the investigation as regards the protection of the groundwater, the directive requires that after each investigation and in the light of the results thereof an express measure, either prohibition or authorization, must be adopted. | 0 |
11,164 | 28
In that regard, it should be noted that, according to the Court’s case-law, the system of consumer protection established by Directive 93/13 involves recognition of the national court’s power to determine of its own motion whether a term is unfair (see, to that effect, judgments of 27 June 2000 in Océano Grupo Editorial and Salvat Editores, C‑240/98 to C‑244/98, EU:C:2000:346, paragraphs 26, 28 and 29; of 21 November 2002 in Cofidis, C‑473/00, EU:C:2002:705, paragraphs 32 and 33, and of 26 October 2006 in Mostaza Claro, C‑168/05, EU:C:2006:675, paragraphs 27 and 28). | 70. In the light of all the foregoing, the answer to the national court’s question must be that Directives 2000/31, 2001/29, 2004/48 and 2002/58 do not require the Member States to lay down, in a situation such as that in the main proceedings, an obligation to communicate personal data in order to ensure effective protection of copyright in the context of civil proceedings. However, Community law requires that, when transposing those directives, the Member States take care to rely on an interpretation of them which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order. Further, when implementing the measures transposing those directives, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with those directives but also make sure that they do not rely on an interpretation of them which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality.
Costs | 0 |
11,165 | 33. Thereafter, that provision seeks to deepen the lasting integration of the Turkish migrant worker’s family in the host Member State by granting to the family member concerned, after three years of legal residence, the possibility of himself gaining access to the labour force. The fundamental objective thus pursued is that of consolidating the position of that family member, who is, at that stage, already legally integrated in the host Member State, by giving him the means to earn his own living in that State and therefore to establish a position which is independent of that of the migrant worker (see, inter alia, Eyüp , paragraph 26; Cetinkaya , paragraph 25; Aydinli , paragraph 23; Case C‑325/05 Derin [2007] ECR I‑6495, paragraphs 50 and 71; and Bozkurt , paragraph 34). | 98. Il en a déduit, au point 186 dudit arrêt, qu’«il était loisible à la Commission de fixer un taux unique pour toute la durée de l’infraction unique et continue et de ne pas prendre en compte l’évolution de cette infraction dans le temps comme circonstance atténuante». | 0 |
11,166 | 50. For a measure to restrict freedom of movement, it is not necessary for it to be based on the nationality of the persons concerned or even for it to have the effect of bestowing an advantage on all national workers or of operating to the detriment solely of nationals of other Member States, but not of nationals of the State in question (see, to that effect, Case C‑281/98 Angonese [2000] ECR I‑4139, paragraph 41, and Case C‑388/01 Commission v Italy [2003] ECR I‑721, paragraph 14). It is enough that the measure should benefit, as in the case of the care insurance scheme at issue in the main proceedings, certain categories of persons pursuing occupational activity in the Member State in question (see, by analogy, as regards freedom to provide services, Case C‑353/89 Commission v Netherlands [1991] ECR I‑4069, paragraph 25, and C‑250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I‑0000, paragraph 37). | 29 Moreover, the wording of Article 40 of Regulation No 2392/89 shows that it is aimed primarily at prohibiting the untruthful use of brand names, a point which is not at issue in this case. | 0 |
11,167 | 65. It should further be added that, in accordance with the Court’s case-law on Article 90 EC, it is necessary, for the purposes of assessing whether or not a system of taxation is discriminatory, to take into consideration not only the rate of tax but also the basis of assessment and the detailed rules for levying the various duties. The decisive criterion for purposes of comparison with a view to the application of Article 90 EC is the actual effect of each tax on domestic production, on the one hand, and on imported products, on the other. Even where the rate is the same, the effect of the tax may vary according to the detailed rules for the assessment and collection thereof applied to domestic production and imported products ( Commission v Ireland, paragraph 8, and Grundig Italiana , paragraph 13, cited above). | 32 The answer to the second and third questions must therefore be that the limitation of the effects in time of the Barber judgment does not apply to the right to join an occupational pension scheme and that, in this context, there is no scope for any analogous limitation.
The fourth question | 0 |
11,168 | 69. It is of course necessary for it to show why the prohibition on marketing energy drinks containing caffeine in excess of a certain limit is necessary and proportionate for public health (see to that effect Case C-420/01 Commission v Italy [2003] ECR I-6445, paragraphs 30 and 31). | 146. Indépendamment du fait de savoir si les requérants avaient soulevé devant le Tribunal l’argument tiré de la pertinence des informations relatives aux bénéficiaires des régimes fiscaux litigieux dans le cadre de la procédure d’examen préliminaire de ceux-ci en relation avec le moyen tiré du caractère déraisonnable de la durée de cet examen, ils sont en tout état de cause recevables à former un pourvoi à l’encontre de la constatation relative à la pertinence de telles informations faite par le Tribunal au point 266 de l’arrêt attaqué, puisque cette constatation a été effectuée pour la première fois dans cet arrêt (voir arrêt du 21 février 2008, Commission/Girardot, C‑348/06 P, Rec. p. I‑833, point 50 et jurisprudence citée). | 0 |
11,169 | 72. Indeed, whilst recognition of the illegality of the contested act cannot, as such, compensate for material harm or for interference with one’s private life, it is nevertheless capable, as Mr Abdulrahim has submitted, of rehabilitating him or constituting a form of reparation for the non-material harm which he has suffered by reason of that illegality, and of thereby establishing that he retains his interest in bringing proceedings (see, to that effect, Case 155/78 M. v Commission [1980] ECR 1797, paragraph 6, and Case C‑343/87 Culin v Commission [1990] ECR I‑225, paragraph 26 and the case-law cited). | 56. Each Member State is best placed to identify, in the light of historical, legal, economic or social considerations specific to it (see, to that effect, La Cascina and Others , paragraph 23), situations propitious to conduct liable to bring about breaches of those principles. | 0 |
11,170 | 53
In order to answer that question, it must be recalled at the outset that the concept of ‘matters relating to a contract’, within the meaning of that provision, cannot be taken to refer to the classification under the relevant national law of the legal relationship in question before the national court. That concept must, on the contrary, be interpreted independently, regard being had to the general scheme and objectives of Regulation No 44/2001, in order to ensure that it is applied uniformly in all the Member States (judgments of 17 June 1992 in Handte, C‑26/91, EU:C:1992:268, paragraph 10; of 14 March 2013 in Česká spořitelna, C‑419/11, EU:C:2013:165, paragraph 45, and of 28 January 2015 in Kolassa, C‑375/13, EU:C:2015:37, paragraph 37). | 97. In fact, according to that study, while the waters of Thau lagoon experience significant phytoplankton production, those species of phytoplankton are not toxic and do not prevent shellfish culture, principally of oysters, with high growth rates. Moreover, the amount of nitrogenous material removed by harvesting (mussels, oysters, etc.) represents over 60% of inputs from the catchment basin. Under those conditions, the waters of Thau lagoon are not at present experiencing an undesirable disturbance of the balance of the organisms present in the water. | 0 |
11,171 | 50
Finally, as the Court has already stated, Article 54 of the CISA necessarily implies that the Contracting States have mutual trust in their criminal justice systems and that each of them recognises the criminal law in force in the other Contracting States even when the outcome would be different if its own national law were applied (judgment of 11 December 2008 in Bourquain, C‑297/07, EU:C:2008:708, paragraph 37 and the case-law cited). | 37. In those circumstances, Article 54 of the CISA, applied to a judgment in absentia delivered in accordance with the national legislation of a Contracting State or to an ordinary judgment, necessarily implies that the Contracting States have mutual trust in their criminal justice systems and that each of them recognises the criminal law in force in the other Contracting States even when the outcome would be different if its own national law were applied (see, to that effect, Gözütok and Brügge , paragraph 33). | 1 |
11,172 | 49. Under the second subparagraph of Article 2(7)(a) of the basic regulation, an appropriate market economy third country is to be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Indeed, it is for the Union institutions, whilst taking account of the possible alternatives, to try to find a third country in which the prices for a like product are formed in circumstances which are as similar as possible to those in the country of export, provided that it is a market economy country (judgment in GLS , C‑338/10, EU:C:2012:158, paragraph 21). | 26. It must be held that the tax regime at issue in the main proceedings involves a restriction on the freedom of establishment.
Whether a justification exists | 0 |
11,173 | 72. The need for the uniform application of Community law and the principle of equality require that the terms of a provision of Community law which, like Article 3(4) of Regulation No 258/97 and the concept of substantial equivalence set out therein, makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Community, which must take into account the context of that provision and the purpose of the legislation in question (see, to that effect, in particular Case C-287/98 Linster [2000] ECR I-6917, paragraph 43). | 68. However, the provisions at issue abruptly and significantly lowered the age-limit for compulsory retirement, without introducing transitional measures of such a kind as to protect the legitimate expectations of the persons concerned. | 0 |
11,174 | 53. In accordance with settled case-law, the interpretation which the Court, in the exercise of the jurisdiction conferred upon it by Article 267 TFEU, gives to a rule of EU law clarifies and, where necessary, defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the time of its coming into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships arising and established before the delivery of the judgment ruling on the request for interpretation, provided that in other respects the conditions under which an action relating to the application of that rule may be brought before the courts having jurisdiction are satisfied (see, inter alia, judgments in Blaizot and Others , 24/86, EU:C:1988:43, paragraph 27; Skov and Bilka , C‑402/03, EU:C:2006:6, paragraph 50; and Brzeziński , C‑313/05, EU:C:2007:33, paragraph 55). | Selon une jurisprudence constante de la Cour, l’obligation de motiver les arrêts, qui incombe au Tribunal en vertu des articles
36 et 53, premier alinéa, du statut de la Cour de justice de l’Union européenne, n’impose pas à celui-ci de fournir un exposé
qui suivrait exhaustivement et un par un tous les raisonnements articulés par les parties au litige. La motivation peut donc
être implicite, à condition qu’elle permette aux intéressés de connaître les motifs sur lesquels le Tribunal se fonde et à
la Cour de disposer des éléments suffisants pour exercer son contrôle dans le cadre d’un pourvoi (arrêt du 8 mars 2016, Grèce/Commission,
C‑431/14 P, EU:C:2016:145, point 38). | 0 |
11,175 | 22
Next, it should be borne in mind that, under EU competition law, an undertaking must be understood as designating an economic unit even if in law that economic unit consists of several persons, natural or legal (judgments of 12 July 1984 in Hydrotherm Gerätebau, 170/83, EU:C:1984:271, paragraph 11, and 10 September 2009 in Akzo Nobel and Others v Commission, C‑97/08 P, EU:C:2009:536, paragraph 55). | 41 IT WOULD BE INCONSISTENT WITH THIS OBJECTIVE TO INTERPRET THE CONDITIONS UNDER WHICH THE ACTION IS ADMISSIBLE SO RESTRICTIVELY AS TO LIMIT THE AVAILABILITY OF THIS PROCEDURE MERELY TO THE CATEGORIES OF MEASURES REFERRED TO BY ARTICLE 189 . | 0 |
11,176 | 24. In that regard, the provision concerned draws no distinction between different categories of trade mark (see, to that effect, Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161, paragraph 42, and, regarding the identical provision in Article 7(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1), the order of 28 June 2004 in Case C‑445/02 P Glaverbel v OHIM [2004] ECR I-0000, paragraph 21).
2 5. The criteria for assessment of the distinctive character of trade marks constituted by a personal name are therefore the same as those applicable to the other categories of trade mark. | 50 It follows, those Governments maintain, that no provision of Decision No 3/80 can have direct effect in the territory of any Member State until the supplementary measures essential for the concrete implementation of that decision, such as those set out in the proposal for a regulation submitted by the Commission, have been adopted by the Council. | 0 |
11,177 | 29 As the Advocate General observes in point 49 of his Opinion, it follows that, according to Article 13(2) of Regulation No 1408/71, as applicable before the addition of point (f) by Council Regulation (EEC) No 2195/91 of 25 June 1991 amending Regulation No 1408/71 (OJ 1991 L 206, p. 2), Mrs Kauer, who had last been employed in Austria, would have continued to be subject to Austrian legislation during the periods spent raising her children in Belgium, on whose territory she pursued no activity as an employed or self-employed person (see Case 302/84 Ten Holder [1986] ECR 1821, paragraph 14, and Case C-215/90 [1992] ECR I-1823, paragraph 10). | 69. The general principle of legal certainty, which is a fundamental principle of Community law, requires, in particular, that rules should be clear and precise, so that individuals may ascertain unequivocally what their rights and obligations are and may take steps accordingly (see Case C-110/03 Belgium v Commission [2005] ECR I-2801, paragraph 30, and IATA and ELFAA , paragraph 68). | 0 |
11,178 | 9 First of all, it has been consistently held that a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see, inter alia, Case C-134/97 Victoria Film [1998] ECR I-7023, paragraph 14). As the Advocate General has pointed out in points 15 to 17 of his Opinion, those requirements are met in the main proceedings because the Tribunal de Commerce, in its adjudicating capacity, once seised by the investigating judge, is required to deliver a judgment on the solvency of the undertaking concerned. | 57 That provision accordingly exempts projects envisaged by the Directive from the assessment procedure subject to two conditions. The first requires the details of the project to be adopted by a specific legislative act; under the second, the objectives of the Directive, including that of supplying information, must be achieved through the legislative process. | 0 |
11,179 | 46. The Court has consistently held that, in the absence of EU rules governing the matter, it is for each Member State, in accordance with the principle of the procedural autonomy of the Member States, to lay down the detailed rules of administrative and judicial procedures governing actions for safeguarding rights which individuals derive from EU law. Those detailed procedural rules must, however, be no less favourable than those governing similar domestic actions (principle of equivalence) and must not render practically impossible or excessively difficult the exercise of rights conferred by EU law (principle of effectiveness) (judgments in Club Hotel Loutraki and Others , C‑145/08 and C‑149/08, EU:C:2010:247, paragraph 74, and eVigilo , C‑538/13, EU:C:2015:166, paragraph 39). | 51. Accordingly, the application of the rule of special jurisdiction provided for matters relating to a contract in Article 5(1) presupposes the establishment of a legal obligation freely consented to by one person towards another and on which the claimant’s action is based. | 0 |
11,180 | 29. In the absence of a definition in the EC Treaty of ‘movement of capital’ for the purposes of Article 56(1) EC, the Court has previously recognised the nomenclature annexed to Directive 88/361 as having indicative value, even though the latter was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (subsequently, Articles 69 and 70(1) of the EC Treaty, repealed by the Treaty of Amsterdam), subject to the qualification, contained in the introduction to the nomenclature, that the list set out therein is not exhaustive (see, in particular, Case C‑513/03 van Hilten‑van der Heijden [2006] ECR I‑1957, paragraph 39; Case C‑452/04 Fidi um Finanz [2006] ECR I‑9521, paragraph 41; Federconsumatori and Others , paragraph 20; and Case C‑256/06 Jäger [2008] ECR I‑0000, paragraph 24). | 27. Dans la note 2 dudit point 37, l’«usage captif» est défini comme «la transformation supplémentaire ou l’usage interne du produit concerné par la présente procédure au sein de l’entreprise ou du groupe auquel elle appartient, de telle manière que le produit devienne un (ou une partie d’un) produit différent qui est (en définitive) vendu à des acheteurs indépendants». Y est également souligné que «l’usage captif peut donner lieu, ou non, à une vente sous forme de transfert au sein du groupe auquel la société appartient» et que «la valeur de l’usage captif du produit concerné a été calculée en pourcentage de la valeur des ventes du produit fini aux clients indépendants, ce pourcentage étant basé sur le coût relatif des différents composants du produit fini». Y est enfin précisé que «la valeur de l’usage captif des blocs de carbone et de graphite a été exclue de ce calcul, étant donné que cette valeur est déjà prise en compte dans le chiffre d’affaires déclaré du produit concerné, qui est composé de blocs de carbone et de graphite». | 0 |
11,181 | 35. Where an obligation derives from an interpretation of EU law by the Court, the Court has clarified and defined the meaning and scope of the rule as it ought to have been understood and applied from the time of its entry into force, so that the Member States should, from that time, have interpreted and applied EU law as it follows from the Court’s judgment, even if that was later. It is otherwise only if, for reasons of legal certainty, the Court has exceptionally restricted, as regards the past, the opportunity of relying on the law as thus interpreted with a view to reopening legal relationships (see judgment in Denkavit Italiana , 61/79, EU:C:1980:100, paragraphs 16 and 17), which is not the case with the judgment in TNT Post UK (C‑357//07, EU:C:2009:248). | 51. Dès lors qu’il ressort du dix-septième considérant de la directive 1999/70 que, en déterminant ce qui constitue un contrat ou une relation de travail en conformité avec le droit et/ou les pratiques nationales, et donc en déterminant le champ d’application de l’accord-cadre, les États membres doivent respecter les exigences de celui-ci, la définition de ces notions ne saurait aboutir à exclure arbitrairement une catégorie de personnes du bénéfice de la protection offerte par la directive 1999/70 et l’accord-cadre (voir, par analogie, arrêt O’Brien, précité, point 51) . | 0 |
11,182 | 60. According to the Court’s case-law, health care establishments and infrastructure, pharmacies and opticians’ shops may be subject to planning, so as to ensure the provision of public health care which is adapted to the needs of the population, covers the entire territory and takes account of geographically isolated or otherwise disadvantaged regions (see, to that effect, judgments in Hartlauer , C‑169/07, EU:C:2009:141, paragraphs 51 and 52; Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 70, and Ottica New Line di Accardi Vincenzo , C‑539/11, EU:C:2013:591, paragraphs 36 and 37). | 87. Such consequences would not just reduce the Federal Republic of Germany’s tax revenues but would mean that, by indirectly granting the non-resident a financial advantage equal to the tax credit for the tax charged on the profits of a resident company, the profits normally taxable in that company’s Member State of residence would be transferred to the Member State with jurisdiction to tax the profits made by the non-resident, thus jeopardising a balanced allocation of the power to impose taxes between the Member States. | 0 |
11,183 | 24. In that regard, it is apparent from the documents before the Court that X AB holds 45% of the shares in Y Ltd, in both capital and voting rights. It has already been held that a holding at this level, in principle, confers a ‘definite influence’ over the decisions and activities of the company concerned, within the meaning of the case-law cited at paragraph 18 above (see, by analogy, judgment in SGI , C‑311/08, EU:C:2010:26, paragraph 35). | 14 Thus, when an undertaking entrusts by contract the responsibility for operating one of its services, such as cleaning, to another undertaking which thereby assumes the obligations of an employer towards employees assigned to those duties, that operation may come within the scope of the directive. As the Court held at paragraph 17 of its judgment in Watson Rask and Christensen, cited above, the fact that in such a case the activity transferred is for the transferor merely an ancillary activity not necessarily connected with its objects cannot have the effect of excluding that operation from the scope of the directive. | 0 |
11,184 | 74. In that regard, it should be borne in mind that, in order to attain the objective pursued by the contested acts, the restrictive measures in question must, by their very nature, have a surprise effect. For that reason, the Council was not obliged to hear Ms Bamba before her name was included for the first time in the lists in question (see, to that effect, Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑6351, paragraphs 340 and 341, and Case C‑27/09 P France v People’s Mojahedin Organization of Iran [2011] ECR I‑13427, paragraph 61). | 30 It argues thirdly that in view of the substantial nature of the changes made in the second proposal from the Commission, the European Parliament should have been consulted again. In this respect the applicant refers to two substantial changes. The 20% ad valorem customs duty, consolidated in GATT, which was maintained in the first proposal, was replaced by a specific duty of ECU 100 per tonne. The tariff quota share of 30% of third-country bananas was open in the first proposal to importers of third-country bananas who undertook to market a specific quantity of Community and/or traditional ACP bananas; also under the original scheme new importers could have taken part in that partnership arrangement, whereas their quota share is now limited to 3.5% of the tariff quota. | 0 |
11,185 | 30. In this regard, it is to be recalled that the jurisdiction provided for in Article 2 of Regulation No 44/2001, namely that the courts of the Member State in which the defendant is domiciled are to have jurisdiction, constitutes the general rule. It is only by way of derogation from that general rule that the regulation provides for special rules of jurisdiction for cases, which are exhaustively listed, in which the defendant may or must, depending on the case, be sued in the courts of another Member State (see Case C-103/05 Reisch Montage [2006] ECR I-6827, paragraph 22 and the case-law cited). The Court has thus adopted a strict interpretation in respect of Article 22 of Regulation No 44/2001 (Case C-372/07 Hassett and Doherty [2008] ECR I-7403, paragraphs 18 and 19). It has held that, as they constitute an exception to the general rule governing the attribution of jurisdiction, the provisions of Article 16 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36; ‘the Brussels Convention’), which are identical in essence to those of Article 22 of Regulation No 44/2001, must not be given an interpretation broader than is required by their objective (see Case 73/77 Sanders [1977] ECR 2383, paragraphs 17 and 18; Case C‑8/98 Dansommer [2000] ECR I‑393, paragraph 21; and Case C‑343/04 ČEZ [2006] ECR I‑4557, paragraph 26). | 21 Secondly, it must be established that the contested decision is not simply a preparatory step, in which case an action against the decision in which the procedure culminates would ensure sufficient protection against any unlawfulness (see the judgment in Case 53/85 Akzo Chemie v Commission [1986] ECR 1965). | 0 |
11,186 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 36. Thus, in order for VAT to become chargeable in such circumstances, all the relevant information concerning the chargeable event, namely, the future supply of goods or services, must already be known and therefore, in particular, the goods or services must be precisely identified at the time when the payment on account is made (to that effect, BUPA Hospitals and Goldsborough Developments , paragraph 48). | 0 |
11,187 | 69. As regards the administrative cost, Community law requires merely that the Member State reimburse the excess amount in conformity with the rules of national law, provided that the principles of equivalence and effectiveness are respected (see to that effect, inter alia, Case C‑231/96 Edis [1998] ECR I-4951, paragraphs 19, 20 and 34, and Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051, paragraphs 17, 18 and 20). | 26. À cet égard, il y a lieu de rappeler que la Cour peut, d’office ou sur proposition de l’avocat général, ou encore à la demande des parties, ordonner la réouverture de la procédure orale, conformément à l’article 61 de son règlement de procédure, si elle considère qu’elle est insuffisamment éclairée ou que l’affaire doit être tranchée sur la base d’un argument qui n’a pas été débattu entre les parties (voir ordonnance du 4 février 2000, Emesa Sugar, C-17/98, Rec. p. I-665, point 18; arrêts du 14 décembre 2004, Swedish Match, C-210/03, Rec. p. I‑11893, point 25, et du 28 juin 2007, Internationaler Hilfsfonds/Commission, C‑331/05 P, non encore publié au Recueil, point 17). | 0 |
11,188 | 43. It is settled case-law, in any event, that the European Community cannot be made to bear the adverse consequences of the wrongful acts of the suppliers of importers ( Pascoal & Filhos , paragraph 59). | 50. Il convient de rappeler que, dans l’exercice de son pouvoir d’appréciation en la matière, il incombe à la Cour de fixer l’astreinte de telle sorte que celle-ci soit, d’une part, adaptée aux circonstances et, d’autre part, proportionnée au manquement constaté ainsi qu’à la capacité de paiement de l’État membre concerné (arrêt Commission/Italie, EU:C:2011:740, point 56 et jurisprudence citée). | 0 |
11,189 | 28. Admittedly, it follows from the case-law of the Court that a mere technical means to ensure or improve reception of the original transmission in its catchment area does not constitute a ‘communication’ within the meaning of Article 3(1) of Directive 2001/29 (see, to that effect, Football Association Premier League and Others , paragraph 194, and Airfield and Canal Digitaal , paragraphs 74 and 79). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,190 | 47. However, during the pre-litigation procedure, the Commission did not accuse the Portuguese Republic of failing to transpose Article 1(2)(b) of the Directive correctly into national law in so far as that provision refers to a large number of bathers. The Commission’s reasoned opinion and the application must be founded on the same grounds and pleas (see Case C-237/90 Commission v Germany [1992] ECR I-5973, paragraph 20). | 44 Maintaining the good reputation of the national financial sector may therefore constitute an imperative reason of public interest capable of justifying restrictions on the freedom to provide financial services. | 0 |
11,191 | 75. In that context, although it is for the national court to define the market for the services at issue, it should nevertheless be recalled that, according to the Court's case-law, in order for a market to be held to be sufficiently homogeneous and distinct from others, the service must be able to be distinguished from other services by virtue of specific characteristics as a result of which it is scarcely interchangeable with those alternatives as far as the consumer is concerned and is affected only to an insignificant degree by competition from them (see, to that effect, Case 27/76 United Brands v Commission [1978] ECR 207, paragraphs 11 and 12, and Case 66/86 Ahmed Saeed Flugreisen and Others v Zentrale zur Bekämpfung unlauteren Wettbewerbs [1989] ECR 803, paragraph 40). In that regard, the examination cannot be limited to the objective characteristics of the relevant services but must include the competitive conditions and the structure of supply and demand on the market (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 37). | 97. Such elements must be sought, in the first place, in the relationship between the claimant and the social security system of the competent Member State. In that regard, the decision making the reference states that the appellant is already entitled, under United Kingdom legislation, to disability living allowance. | 0 |
11,192 | 28. The Spanish Government’s argument that its interpretation of Article 19 of the Sixth Directive enables balance in terms of competition, and hence the principle that VAT should be neutral, to be observed must be rejected. The Member States are required to apply the Sixth Directive even if they consider it to be less than perfect. As indicated in Case C-388/98 Commission v Netherlands [2001] ECR I-8265, paragraphs 55 and 56, even if the interpretation put forward by certain Member States better served certain aims of the Sixth Directive, such as fiscal neutrality, the Member States may not disregard the provisions expressly laid down in that directive by introducing, in this case, limitations of the right to deduct other than those laid down in Articles 17 and 19 of that directive. | 28. The Court went on to hold, in paragraph 64 of Il Ponte Finanziaria v OHIM , that no consumer can be expected, in the absence of use of a sufficient number of trade marks capable of constituting a ‘family’ or a ‘series’, to detect a common element in such a family or series and/or to associate with that family or series another trade mark containing the same common element. Accordingly, in order for there to be a likelihood that the public may be mistaken as to whether the trade mark applied for belongs to a ‘family’ or ‘series’, the earlier trade marks which are part of that ‘family’ or ‘series’ must be present on the market. | 0 |
11,193 | 38. Thus, Article 11(1)(a) of Directive 90/434 reflects the general Community law principle that abuse of rights is prohibited. Individuals must not improperly or fraudulently take advantage of provisions of Community law. The application of Community legislation cannot be extended to cover abusive practices, that is to say, transactions carried out not in the context of normal commercial operations, but solely for the purpose of wrongfully obtaining advantages provided for by Community law (see, to that effect, Case C‑212/97 Centros [1999] ECR I-1459, paragraph 24; Case C‑255/02 Halifax and Others [2006] ECR I-1609, paragraphs 68 and 69; Case C‑456/04 Agip Petroli [2006] ECR I-3395, paragraphs 19 and 20; and Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I-7995, paragraph 35). | 18 In its answer to a question put by the Court, Renault mentioned several occupational disadvantages, inherent in maternity leave, which arise for female workers as a result of being away from work. | 0 |
11,194 | 14. It should be recalled at the outset that, according to settled case‑law, while direct taxation falls within their competence, Member States must none the less exercise that competence in accordance with European Union law (Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 21; Case C‑155/09 Commission v Greece [2011] ECR I‑65, paragraph 39; and Case C‑10/10 Commission v Austria [2011] ECR I‑5389, paragraph 23). | 21. It should be noted at the outset that although direct taxation falls within the competence of the Member States, they must exercise that competence consistently with Community law and therefore avoid any overt or covert discrimination by reason of nationality (see, inter alia, Case C-385/00 de Groot [2002] ECR I-11819, paragraph 75, and Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-0000, paragraph 21). | 1 |
11,195 | 30. However, provisions of national legislation which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement constitute obstacles to that freedom even if they apply without regard to the nationality of the workers concerned (see, inter alia, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 26, and Case C‑325/08 Olympique Lyonnais [2010] ECR I‑2177, paragraph 34). | 60
In those circumstances, the Court considers, as the Advocate General stated in point 51 of his Opinion, that the payment of a royalty or of a licence fee is a ‘condition of sale’ of the goods being valued where, in the course of the contractual relations between the buyer, or the person related to him, and the seller, the payment of the royalty or of the licence fee is so important to the seller that, without such payment, the seller would not have concluded the sales contract, this being a matter to be determined by the referring court. | 0 |
11,196 | 37. While a mere finding of disparities between national rules is not sufficient to justify having recourse to Article 95 EC, 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 this effect, the tobacco advertising judgment, paragraphs 84 and 95; Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 60; Case C-434/02 Arnold André [2004] ECR I‑11825, paragraph 30; Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 29; and Joined Cases C-154/04 and C-155/04 Alliance for Natural Health and Others [2005] ECR I-6451, paragraph 28). | 96. Furthermore, care is generally provided near to the place where the patient resides, in a cultural environment which is familiar to him and which allows him to build up a relationship of trust with the doctor treating him. If emergencies are disregarded, the most obvious cases of patients travelling abroad are in border areas or where specific conditions are to be treated. Furthermore, it is specifically in those areas or in respect of those conditions that the Netherlands sickness funds tend to set up a system of agreements with foreign doctors, as the observations submitted to the Court reveal. | 0 |
11,197 | In that regard, it is also apparent from settled case-law that only measures or decisions which seek to produce legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position may be the subject of an action for annulment (see, in particular, judgments of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 29; of 26 January 2010, Internationaler Hilfsfonds v Commission, C‑362/08 P, EU:C:2010:40, paragraph 51; and of 9 December 2014, Schönberger v Parliament, C‑261/13 P, EU:C:2014:2423, paragraph 13). | 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 |
11,198 | 23. As regards next the arguments raised by Assiprofar, the Ordine dei Farmacisti della Provincia di Roma and the Greek Government, according to which all aspects of the main proceedings are confined within one Member State, it is apparent from the case-law of the Court that its answer may be useful to the referring court even in such circumstances, in particular if its national law were to require it to allow a national to enjoy the same rights as those which a national of another Member State would derive from European Union law in the same situation (see, inter alia, Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 29; Cipolla and Others , paragraph 30; and Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑0000, paragraph 36). | 92 It is not inconceivable that overriding requirements relating to the general interest, such as the protection of the interests of creditors, minority shareholders, employees and even the taxation authorities, may, in certain circumstances and subject to certain conditions, justify restrictions on freedom of establishment. | 0 |
11,199 | 37. It is clear from the case-law of the Court that there is such distortion where, without recourse to new evidence, the assessment of the existing evidence is manifestly incorrect (Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraph 54; Case C‑167/04, JCB Service v Commission , [2006] ECR I‑8935, paragraph 108, and Case C‑229/05 P, PKK and KNK v Council , [2007] ECR I‑439, paragraph 37). | 27 A decision such as that of the Arbeitsamt to class the applicant as an unskilled assistant does not constitute grounds for considering the profession in question to be indirectly regulated. Although the reasons for that decision have never been made clear, there is nothing to indicate that it forms part of any indirect legal control of access to or pursuit of that profession in Germany. | 0 |
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