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11,200 | 80. Since, according to settled case-law, the scope of Article 12 of Regulation No 1612/68 extends also to higher education (see, inter alia, Joined Cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723, paragraphs 29 and 30, and Gaal , paragraph 24), the date on which a child completes his or her education may lie after reaching the age of majority. | 35. It follows from the above that a Member State can fulfil such an obligation to recover only if the measures adopted by it are suitable to re-establish the normal conditions of competition which were distorted by the grant of the illegal aid and are consistent with the relevant provisions of Community law. | 0 |
11,201 | 25
As a preliminary point, it should be noted that Article 267 TFEU does not empower the Court to apply rules of EU law to a particular case, but only to rule on the interpretation of the Treaties and of acts adopted by the EU institutions. The Court may, however, in the framework of the judicial cooperation provided for by that article and on the basis of the material presented to it, provide the national court with an interpretation of EU law which may be useful to it in assessing the effects of one or other of its provisions (judgment of 16 July 2015, CHEZ Razpredelenie Bulgaria, C‑83/14, EU:C:2015:480, paragraph 71 and the case-law cited). | 55. La circonstance que l’apposition desdites marques de conformité est facultative ne lui enlève pas son caractère d’obstacle aux échanges, du moment que ces marques incitent ou sont susceptibles d’inciter à choisir des produits portant lesdites marques. Cette incitation se fait aux dépends des produits qui n’en sont pas revêtus qui, comme le souligne la Commission, sont essentiellement des produits provenant d’autres États membres (voir, en ce sens, arrêts du 12 octobre 1978, Eggers, 13/78, Rec. p. 1935, point 26, et du 5 novembre 2002, Commission/Allemagne, C‑325/00, Rec. p. I‑9977, point 24). | 0 |
11,202 | 86. In that regard, it must be borne in mind that, in accordance with settled case-law, partial annulment of a Community act is possible only if the elements the annulment of which is sought may be severed from the remainder of the act (see, in particular, Case C-244/03 France v Parliament and Council [2005] ECR I-4021, paragraph 12, and the case‑law there cited). | 37 There is no objective difference between the situations of such a non-resident and a resident engaged in comparable employment, such as to justify different treatment as regards the taking into account for taxation purposes of the taxpayer' s personal and family circumstances. | 0 |
11,203 | 26. It must be borne in mind, first, that, in accordance with 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 European Union 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 (judgment in Bericap Záródástechnikai , C‑180/11, EU:C:2012:717, paragraph 53 and the case-law cited). | 67. By contrast, as the Commission observes, once the supplier has fulfilled his obligations relating to evidence of an intra-Community supply, where the contractual obligation to dispatch or transport the goods out of the Member State of supply has not been satisfied by the purchaser, it is the latter who should be held liable for the VAT in that Member State. | 0 |
11,204 | 31. First, it must be observed that, in accordance with settled case-law, all measures of a Member State which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (see, inter alia, judgments in Dassonville , 8/74, EU:C:1974:82, paragraph 5, and Juvelta , C‑481/12, EU:C:2014:11, paragraph 16). | 30 The applicant' s line of argument is tantamount to saying that the appointing authority could not in the circumstances exercise its discretion otherwise than by appointing him to the higher grade of the career bracket concerned, as if a given level of practical experience could confer on the person possessing it a right to be appointed at that grade. | 0 |
11,205 | 25. According to established case‑law, in order to determine whether national legislation falls within the scope of one or other of the freedoms of movement, the purpose of the legislation concerned must be taken into consideration (see, to that effect, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraphs 34 and 44 to 49; and Case C‑182/08 Glaxo Wellcome [2009] ECR I‑0000, paragraph 36). | 33 It follows from the foregoing that the words transactions in securities refer to transactions liable to create, alter or extinguish parties' rights and obligations in respect of securities.
Interpretation of the words negotiation in securities
Observations submitted to the Court | 0 |
11,206 | 29. It is settled case-law that the provisions of the regulation must be interpreted independently, by reference to its scheme and purpose (see, in relation to the Brussels Convention, Case C-433/01 Blijdenstein [2004] ECR I-981, paragraph 24 and the case-law cited). | 35. Accordingly, the object of the protection conferred by that directive is the expression in any form of a computer program which permits reproduction in different computer languages, such as the source code and the object code. | 0 |
11,207 | 47. When dealing with cases concerning goods placed under the Community external transit system, on the one hand, or goods placed under the customs warehousing system, on the other, the Court has held that that concept of removal from customs supervision should be interpreted as covering any act or omission the result of which is to prevent, if only for a short time, the competent customs authority from gaining access to goods under customs supervision and from carrying out the monitoring required by Community customs legislation ( Wandel , paragraph 47; Case C-371/99 Liberexim [2002] ECR I-6227, paragraph 55; Case C-337/01 Hamann International [2004] ECR I-0000, paragraph 31). | 33. It follows that, without the application of the aggregation rule after the return of a worker to his country of origin, the coordination of the social security system in the Swiss Confederation with those of the Member States of the European Union would be precluded in a not insignificant number of situations, inter alia as regards the award of old-age benefits. | 0 |
11,208 | 45
According to the settled case-law of the Court, the concept of ‘objective grounds’ requires the unequal treatment found to exist to be justified by precise, specific factors, characterising the employment condition to which it relates, in the particular context in which it occurs and on the basis of objective, transparent criteria in order to ensure that that unequal treatment in fact meets a genuine need, is appropriate for achieving the objective pursued and is necessary for that purpose. Those factors may result, in particular, from the specific nature of the tasks for the performance of which fixed-term contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State (see, inter alia, judgments of 13 September 2007, Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraphs 53 and 58; of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 55; of 8 September 2011, Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 73, and of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 51). | 11 In those circumstances, the Commission has not altered the subject-matter of the dispute by imputing, in the course of the proceedings, its claims concerning the Royal Decree of 27 April 1984 to the regional legislation which replaced that decree . | 0 |
11,209 | 69. It follows from the foregoing that, as the contested regulation pursues objectives set out in Articles 2 EC and 3(1)(k) EC and in Title XVII of the EC Treaty, without that title by itself conferring on the Community the power to realise those objectives, the Community legislature ought to have had recourse to both the third paragraph of Article 159 EC and Article 308 EC (see, to that effect, Case 242/87 Commission v Council [1989] ECR 1425, paragraphs 6 and 37, and Kadi and Al Barakaat International Foundation v Council and Commission , paragraphs 211 to 214), while complying with the legislative procedures laid down therein, that is to say, both the ‘co‑decision’ procedure referred to in Article 251 EC and the requirement that the Council should act unanimously.
The request that the effects of the contested regulation be maintained | 105. In that regard, it is important to note, first, that it is settled case-law that, when adopting measures to implement EU legislation, national authorities must exercise their discretion in compliance with the general principles of EU law, which include the principle of proportionality (see, inter alia, Case C‑313/99 Mulligan and Others [2002] ECR I‑5719, paragraphs 35 and 36; Joined Cases C‑231/00, C‑303/00 and C‑451/00 Cooperativa Lattepiú and Others [2004] ECR I‑2869, paragraph 57; and Case C‑496/04 Slob [2006] ECR I‑8257, paragraph 41). | 0 |
11,210 | 34. It is not unusual that certain sectors of activity, in particular sectors involving public service utilities, such as those at issue in the main proceedings, are subject to rules which may have the effect of limiting the financial risks entailed. It must in particular remain open to the contracting authorities, acting in all good faith, to ensure the supply of services by way of a concession, if they consider that to be the best method of ensuring the public service in question, even if the risk linked to such an operation is very limited ( Eurawasser , paragraphs 72 and 74). | 21. Article 3(3) of the Directive does not provide an independent right to have a trade mark registered. It is an exception to the grounds for refusal listed in Article 3(1)(b) to (d) of the Directive. Its scope must therefore be interpreted in light of those grounds for refusal. | 0 |
11,211 | 51. However, none of these exceptions appears to relate to situations that call for the bringing of civil proceedings. They concern, first, national security, defence and public security, which constitute activities of the State or of State authorities unrelated to the fields of activity of individuals (see, to that effect, Lindqvist , paragraph 43), and, second, the prosecution of criminal offences. | 108. Furthermore, the question whether a statement of reasons satisfies the requirements must be assessed with reference not only to the wording of the measure but also to its context and to the whole body of legal rules governing the matter in question. If the contested measure clearly discloses the overall objective pursued by the Community institution concerned, it would be excessive to require a specific statement of reasons for each of the technical choices made by the institution (Case C-100/99 Italy v Council and Commission [2001] ECR I-5217, paragraph 64; British American Tobacco (Investments) and Imperial Tobacco , paragraph 166; Arnold André , paragraph 62; Swedish Match , paragraph 64; and Alliance for Natural Health and Others , paragraph 134). | 0 |
11,212 | 59. It is by the statement of objections that the undertaking concerned is informed of all the essential evidence on which the Commission relies at that stage of the procedure (Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 315 and 316, and Aalborg Portland and Others v Commission , paragraphs 66 and 67). Consequently, it is only after notification of the statement of objections that the undertaking is able to rely in full on the rights of the defence (Case C‑105/04 P Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission [2006] ECR I‑0000, paragraphs 47 and 50). | 52. Furthermore, the development of the European Union legislation concerning compulsory insurance shows that that objective of protecting the victims of accidents caused by vehicles has continuously been pursued and reinforced by the European Union legislature. | 0 |
11,213 | 76. It follows from the foregoing considerations that, by entering into or maintaining in force, despite the renegotiation of the 1957 Agreement, international commitments concerning air fares and rates charged by carriers designated by the United States on intra-Community routes and concerning CRSs offered for use or used on Netherlands territory, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 5 of the Treaty and under Regulations Nos 2409/92 and 2299/89 (see, to that effect, Commission v Denmark , paragraphs 110 to 112; Commission v Sweden , paragraphs 106 to 108; Commission v Finland , paragraphs 111 to 113; Commission v Belgium , paragraphs 124 to 126; Commission v Luxembourg , paragraphs 116 to 118; Commission v Austria , paragraphs 124 to 126, and Commission v Germany , paragraphs 135 to 137).
Failure to fulfil obligations arising from infringement of Article 52 of the Treaty
Arguments of the parties | 29 In that regard, it should be noted first that the Commission is required to specify the subject-matter and purpose of the investigation . That obligation is a fundamental requirement not merely in order to show that the investigation to be carried out on the premises of the undertakings concerned is justified but also to enable those undertakings to assess the scope of their duty to cooperate while at the same time safeguarding the rights of the defence . | 0 |
11,214 | 45. In that regard, it should be recalled that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling. 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 of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments in Åkerberg Fransson , EU:C:2013:105, paragraphs 39 and 40, and B. , C‑394/13, EU:C:2014:2199, paragraph 19). | 41 Next, it is also not in dispute that, because there is no official car, the checker was able to carry out a physical check only by contacting beforehand the manager of the store or the enterprise to be checked. Consequently the Belgian Government has not succeeded in showing that, for goods placed in the store, the physical checks without prior notice required by Article 3 of Regulation No 386/90 were possible under those conditions. | 0 |
11,215 | 42. The case-law of the Court (see, to that effect, Case 21/84 Commission v France [1985] ECR 1355, paragraphs 13 and 15; Case C-187/96 Commission v Greece [1998] ECR I-1095, paragraph 23; and Case C-185/96 Commission v Greece [1998] ECR I-6601, paragraph 35) shows that an administrative practice can be the subject-matter of an action for failure to fulfil obligations when it is, to some degree, of a consistent and general nature. | 37. It should also be noted that, pursuant to the principle that the public and private sectors are to be treated equally, capital placed directly or indirectly at the disposal of an undertaking by the State in circumstances which correspond to normal market conditions cannot be regarded as State aid (Case C-303/88 Italy v Commission [1991] ECR I-1433, paragraph 20). | 0 |
11,216 | 45. By contrast, concerning the warehousekeeper such as in the present case TOP Logistics, it must be held that its provision of a warehouse service for goods bearing another’s trade mark does not constitute use of a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered. Inasmuch as such a service provider permits such use by its customers, its role cannot be assessed under Directive 89/104 but must be examined, if necessary, from the point of view of other rules of law (see, by analogy, judgment in Frisdranken Industrie Winters , C‑119/10, EU:C:2011:837, paragraphs 28 to 35). | 43. However, those circumstances in no way prevent a national court from making a reference for a preliminary ruling to this Court (see, to that effect, Cilfit and Others , paragraph 15) and do not have the effect of depriving this Court of jurisdiction to rule on such a question. | 0 |
11,217 | 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). | 69. In the present case, under procedure 3 (which applies to vehicles which are more than three years old and have Community type-approval, vehicles previously registered in a Member State which have been given national type- or single vehicle approval in that State, and also vehicles previously registered in the Netherlands which have Netherlands type-approval), the registration of such vehicles is preceded by an inspection of their general condition, with account being taken of the registration certificate and the certificate of conformity issued in other Member States. By contrast, vehicles which are less than three years old and which were previously registered in other Member States are not required to undergo a test as to their general condition before registration. | 0 |
11,218 | 29 In order to ascertain whether such a worker is duly registered as belonging to the labour force of a Member State for the purposes of Article 6(1) of Decision No 1/80 it must be determined first of all, in accordance with settled case-law (Bozkurt, cited above, paragraphs 22 and 23), whether the legal relationship of employment of the person concerned can be located within the territory of a Member State or retains a sufficiently close link with that territory, taking account in particular of the place where the Turkish national was hired, the territory on or from which the paid employment is pursued and the applicable national legislation in the field of employment and social security law. | 81. The choice as to the number of comparisons which the advertiser wishes to make between the products which he is offering and those offered by his competitors falls within the exercise of his economic freedom. Any obligation to restrict each price comparison to the average prices of the products offered by the advertiser and those of rival products would be contrary to the objectives of the Community legislature. | 0 |
11,219 | 24
At the outset, it should be recalled that it is apparent from the wording of clause 2(1) of the framework agreement that the scope of that agreement is conceived in broad terms, as it covers generally ‘fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State’. Furthermore, the definition of the concept of ‘fixed-term workers’ within the meaning of the framework agreement, set out in clause 3(1) thereof, encompasses all workers without drawing a distinction according to whether their employer is in the public or private sector and regardless of the classification of their contract under domestic law (judgments of 4 July 2006, Adeneler and Others, C‑212/04, EU:C:2006:443, paragraph 56; of 13 March 2014, Márquez Samohano, C‑190/13, EU:C:2014:146, paragraph 38; of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraphs 28 and 29, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 67). | 10 It was following those judgments that the Council adopted, on 20 March 1989, the abovementioned Regulation No 764/89. That Regulation inserted a new Article 3a in Regulation No 857/84 providing essentially that producers who have not, pursuant to an undertaking entered into under Regulation No 1078/77, delivered milk during the reference year are to obtain, subject to certain conditions, a special reference quantity calculated on the basis of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the twelve calendar months preceding the month in which the application for the non-marketing or conversion premium was made. | 0 |
11,220 | 22
It is settled case-law that the third sentence of Article 11 of Directive 2004/48, like Article 8(3) of Directive 2001/29 to which it refers, obliges Member States to ensure that an intermediary whose services are used by a third party in order to infringe an intellectual property right may, regardless of any liability of its own in relation to the facts at issue, be ordered to take measures aimed at bringing those infringements to an end and measures seeking to prevent further infringements (see to that effect, in particular, judgments of 12 July 2011 in L’Oréal and Others, C‑324/09, EU:C:2011:474, paragraphs 127 to 134, and 24 November 2011 in Scarlet Extended, C‑70/10, EU:C:2011:771, paragraphs 30 and 31). | 36. Par ailleurs, selon la jurisprudence de la Cour, il incombe à la Commission, dans le cadre d’une telle procédure, de fournir à la Cour les éléments nécessaires pour déterminer l’état d’exécution par un État membre d’un arrêt en manquement. Dès lors que la Commission a fourni suffisamment d’éléments faisant apparaître la persistance du manquement, il appartient à l’État membre concerné de contester cette affirmation de manière substantielle et détaillée, ainsi que d’apporter la preuve de la cessation de l’infraction (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, points 74 et 75 ainsi que jurisprudence citée). | 0 |
11,221 | 12 In this regard, in order to determine whether a referring body is a court or tribunal within the meaning of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23 and the case-law cited therein, Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 33, and Case C-178/99 Salzmann [2001] ECR I-4421, paragraph 13). | 21 L ' ORIGINE CONVENTIONNELLE , ET NON PAS LEGALE , DU REGIME LITIGIEUX EST CONFIRMEE PAR LE FAIT QUE LEDIT REGIME ET LA REGLEMENTATION Y AFFERENTE SONT CONSIDERES , AINSI QU ' IL A ETE RAPPELE CI-DESSUS , COMME FAISANT PARTIE INTEGRANTE DES CONTRATS DE TRAVAIL ENTRE BILKA ET SES EMPLOYES .
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11,222 | 51. According to settled case-law, only measures the legal effects of 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, inter alia, Case C-131/03 P Reynolds Tobacco and Others v Commission [2006] ECR I-7795, paragraph 54, and the case-law cited). | 55. The provisions of those two instruments contain nothing to permit the inference that their scope is limited to fixed-term contracts concluded by workers with employers in the private sector alone. | 0 |
11,223 | 29. It is also apparent from settled case-law that an analysis of the definitions of ‘taxable person’ and ‘economic activities’ shows that the scope of the term ‘economic activities’ is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see, inter alia, Case C-223/03 University of Huddersfield [2006] ECR I-1751, paragraph 47 and the case-law cited). | 43 Exercise of the right reserved to Member States by Article 73d(1)(b) is amenable to judicial review, and therefore the fact that a Member State is able to rely on it does not prevent Article 73b(1) of the Treaty, which lays down the principle of free movement between the Member States and between Member States and non-member countries, from conferring rights on individuals which they may rely on before the courts and which the national courts must uphold. | 0 |
11,224 | 37. A benefit may be regarded as a social security benefit in so far as it is granted to the recipients, without any individual and discretionary assessment of personal needs, on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, inter alia, Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case C-78/91 Hughes [1992] ECR I-4839, paragraph 15; Case C‑160/96 Molenaar [1998] ECR I‑843, paragraph 20; and Jauch , paragraph 25). | 12 ALTHOUGH IT IS POSSIBLE THAT BECAUSE OF THE CLASSES OF PERSONS TO WHICH THEY APPLY , THEIR OBJECTIVES AND THE DETAILED RULES FOR THEIR APPLICATION , CERTAIN LAWS MAY SIMULTANEOUSLY CONTAIN ELEMENTS BELONGING TO BOTH THE CATEGORIES MENTIONED AND THUS DEFY ANY GENERAL CLASSIFICATION , IT MUST BE STATED THAT IN ORDER TO FALL WITHIN THE FIELD OF SOCIAL SECURITY COVERED BY REGULATION NO 1408/71 , THE LEGISLATION AT ISSUE MUST IN ANY EVENT SATISFY , IN PARTICULAR , THE CONDITION OF COVERING ONE OF THE RISKS SPECIFIED IN ARTICLE 4 ( 1 ) OF THE REGULATION . IT FOLLOWS THAT THE LIST OF RISKS CONTAINED IN THAT PARAGRAPH IS EXHAUSTIVE AND THAT AS A RESULT A BRANCH OF SOCIAL SECURITY NOT MENTIONED IN THE LIST DOES NOT FALL WITHIN THAT CATEGORY EVEN IF IT CONFERS UPON INDIVIDUALS A LEGALLY DEFINED POSITION ENTITLING THEM TO BENEFITS .
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11,225 | 47. In those circumstances, that plan or project cannot be authorised on the basis of Article 6(3) of the Habitats Directive. Nevertheless, in such a situation, the competent national authority could, where appropriate, grant authorisation under Article 6(4) of the directive, provided that the conditions set out therein are satisfied (see, to this effect, Waddenvereniging and Vogelbeschermingsvereniging , paragraph 60). | Toutefois, l’obligation de motivation n’impose pas au Tribunal 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 parties intéressées de connaître les raisons pour lesquelles les mesures en question ont été prises et à la juridiction compétente de disposer des éléments suffisants pour exercer son contrôle (voir, en ce sens, arrêts du 25 octobre 2001, Italie/Conseil, C‑120/99, EU:C:2001:567, point 28, ainsi que du 7 janvier 2004, Aalborg Portland e.a./Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P et C‑219/00 P, EU:C:2004:6, point 372). | 0 |
11,226 | 26. Il convient de rappeler que, selon une jurisprudence constante, dans le cadre de l’exercice des compétences qu’elle tient de l’article 226 CE, la Commission n’a pas à démontrer l’existence d’un intérêt spécifique à agir. Ladite disposition ne vise pas, en effet, à protéger les droits propres de la Commission. Celle-ci, dans l’intérêt général communautaire, a pour mission de veiller d’office à l’application, par les États membres, du traité CE et des dispositions prises par les institutions en vertu de celui-ci et de faire constater, en vue de leur cessation, l’existence de manquements éventuels aux obligations qui en dérivent (arrêts du 4 avril 1974, Commission/France, 167/73, Rec. p. 359, point 15; du 11 août 1995, Commission/Allemagne, C‑431/92, Rec. p. I‑2189, point 21; du 5 novembre 2002, Commission/Allemagne, C‑476/98, Rec. p. I‑9855, point 38, et du 10 avril 2003, Commission/Allemagne, C‑20/01 et C‑28/01, Rec. p. I‑3609, point 29). | 23. It follows from point (a) of the first paragraph of Article 6(2) and from Article 11A(1)(c) of the Sixth Directive that the use of capital goods for the private use of a taxable person or of his staff or for purposes other than those of his business, where the input VAT paid on such goods is wholly or partly deductible, is treated as a supply of services for consideration and is taxed on the basis of the cost of providing the services (see Lennartz , paragraph 26, and Seeling , paragraph 42). | 0 |
11,227 | 21. The Court has also held that Article 107(1) TFEU covers all the financial means by which the public authorities may actually support undertakings, irrespective of whether or not those means are permanent assets of the public sector. Therefore, even if the sums corresponding to the measure in question are not permanently held by the Treasury, the fact that they constantly remain under public control, and therefore available to the competent national authorities, is sufficient for them to be categorised as State resources (see France v Commission , paragraph 37; Essent Netwerk Noord and Others , paragraph 70; and Doux Élevage and Coopérative agricole UKL‑ARREE , paragraph 35). | 58. In addition, such an interpretation, by making it more difficult to carry out fraudulent transactions, is apt to prevent them. | 0 |
11,228 | 34. A tariff established by a professional organisation such as the Osservatorio may none the less have the character of legislation, inter alia, where the members of that organisation are experts who are independent of the economic operators concerned and they are required, under the law, to set tariffs taking into account not only the interests of the undertakings or associations of undertakings in the sector which has appointed them but also the public interest and the interests of undertakings in other sectors or users of the services in question (see, to that effect, judgments in Reiff , EU:C:1993:886, paragraphs 17 to 19 and 24; Delta Schiffahrts- und Speditionsgesellschaft , EU:C:1994:240, paragraphs 16 to 18 and 23; DIP and Others , C‑140/94 to C‑142/94, EU:C:1995:330, paragraphs 18 and 19; Commission v Italy , C‑35/96, EU:C:1998:303, paragraph 44; and Arduino , EU:C:2002:97, paragraph 37). | 27. In the procedure established by Article 234 EC providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the question referred to it (see, inter alia , Case C-88/99 Roquette Frères [2000] ECR I-10465, paragraph 18). It may also find it necessary to consider provisions of Community law to which the national court has not referred in its question (see, inter alia , Case C-230/98 Schiavon [2000] ECR I-3547, paragraph 37). | 0 |
11,229 | 30
By contrast, non-economic activities do not fall within the scope of the Sixth Directive (judgments of 13 March 2008, Securenta, C‑437/06, EU:C:2008:166, paragraphs 30 and 31, and of 12 February 2009, Vereniging Noordelijke Land- en Tuinbouw Organisatie, C‑515/07, EU:C:2009:88, paragraphs 36 and 37). | 72. While the Members of the Commission are thus under an obligation to conduct themselves in a manner which is beyond reproach, it does not, however, follow that the slightest deviation from those standards falls to be censured under Article 213(2) EC. A breach of a certain degree of gravity is required. | 0 |
11,230 | 65 That interpretation is also confirmed by settled case-law of the Court (see Kziber, cited above, paragraphs 15 to 23, confirmed by Case C-58/93 Yousfi [1994] ECR I-1353, paragraphs 16 to 19; Case C-103/94 Krid [1995] ECR I-719, paragraphs 21 to 24; Case C-126/95 Hallouzi-Choho v Bestuur van de Sociale Verzekeringsbank [1996] ECR I-4807, paragraphs 19 and 20; and Case C-113/97 Babahenini [1998] ECR I-183, paragraphs 17 and 18) relating to the principle of equal treatment contained in Article 39(1) of the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria, signed in Algiers on 26 April 1976 and concluded on behalf of the Community by Council Regulation (EEC) No 2210/78 of 26 September 1978 (OJ 1978 L 263, p. 1) and to Article 41(1) of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 26 April 1976 and concluded on behalf of the Community by Council Regulation (EEC) No 2211/78 (OJ 1978 L 264, p. 1). | 47. It is inherent in the principle of the fiscal autonomy of Member States that they determine the evidence that must be provided and the formal and material conditions which must be respected to enable the tax authorities to establish correctly the tax owed on the income earned from investment funds (see, by analogy, judgment in Meilicke and Others , EU:C:2011:438, paragraph 37). | 0 |
11,231 | 25
It follows that questions relating to EU law enjoy a presumption of relevance. The Court may refuse to give a ruling on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to enable it to give a useful answer to the questions submitted to it (judgment of 21 December 2016, Vervloet and Others, C‑76/15, EU:C:2016:975, paragraph 57). | 172. That principle clearly applies in the field of competition policy, which is characterised by a wide discretion on the part of the Commission, in particular as regards the determination of the amount of fines. | 0 |
11,232 | 31. It must also be noted that the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see RUMA , C‑183/06, EU:C:2007:110, paragraph 36, and Roeckl Sporthandschuhe , EU:C:2010:237, paragraph 28). | 50. S’agissant de la protection des travailleurs, la Cour a reconnu qu’elle figure parmi les raisons impérieuses d’intérêt général qui peuvent justifier des restrictions à la liberté d’établissement (voir, notamment, arrêt International Transport Workers’ Federation et Finnish Seamen’s Union, EU:C:2007:772, point 77 et jurisprudence citée). | 0 |
11,233 | 50. In the second place, as is already apparent from paragraphs 35 and 36 of the present judgment, it is common ground that neither the Federal Republic of Germany nor Land Sachsen-Anhalt has availed itself of the derogation provided for in the first subparagraph of Article 22(1) of Directive 2003/88, which permits Member States not to apply Article 6 thereof provided that certain conditions, set out cumulatively, are satisfied (see, by analogy, Pfeiffer and Others , paragraph 98). | 54. It is, however, common ground in the present case, according to the case-law of the Corte suprema di cassazione, that the Italian legislature is pursuing a policy of expanding activity in the betting and gaming sector, with the aim of increasing tax revenue, and that no justification for the Italian legislation is to be found in the objectives of limiting the propensity of consumers to gamble or of curtailing the availability of gambling. | 0 |
11,234 | 32
As a preliminary point, it must be noted that the binding character of Framework Decision 2002/584 places on the judicial authority of the Member State issuing the European arrest warrant an obligation to interpret national law in conformity with EU law. That authority is therefore bound to interpret domestic law, so far as possible, in the light of the wording and the purpose of that framework decision in order to achieve the result sought by it (see, to that effect, judgment of 5 September 2012 in Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraphs 53 and 54 and the case-law cited). | 32 Both contracts, between US Dunkerque and RC Liège and between US Dunkerque and Mr Bosman, were however subject to the suspensive condition that the transfer certificate must be sent by URBSFA to FFF in time for the first match of the season, which was to be held on 2 August 1990. | 0 |
11,235 | 50 A Member State is therefore in a position to check whether contributions have actually been paid by one of its taxpayers to an institution coming under the authority of another Member State. In addition, there is nothing to prevent the tax authorities concerned from requiring the taxpayer to provide such proof as they may consider necessary in order to determine whether the conditions for deducting contributions provided for in the legislation at issue have been met and, consequently, whether to allow the deduction requested (see, to that effect, Bachmann, paragraphs 18 and 20 and Commission v Belgium, paragraphs 11 and 13). | 81. That rule is an expression of the democratic principles on which the European Union is founded. In particular, the Court has already stated that the Parliament’s involvement in the decision-making process is the reflection, at EU level, of the fundamental democratic principle that the people should participate in the exercise of power through the intermediary of a representative assembly (see, to that effect, Case 138/79 Roquette Frères v Council EU:C:1980:249, paragraph 33, and Parliament v Council EU:C:2012:472, paragraph 81). | 0 |
11,236 | 94 Moreover, in paragraphs 23 to 25 of Sutton, the Court distinguished the circumstances of that case from those of Case C-271/91 Marshall [1993] ECR I-4367 (Marshall II). In the latter case, which concerned the award of interest on amounts payable by way of reparation for loss and damage sustained as a result of discriminatory dismissal, the Court ruled that full compensation for the loss and damage sustained cannot leave out of account factors, such as the effluxion of time, which may in fact reduce its value, and that the award of interest is an essential component of compensation for the purposes of restoring real equality of treatment (Marshall II, cited above, paragraphs 24 to 32). The award of interest was held in that case to be an essential component of the compensation which Community law required to be paid in the event of discriminatory dismissal. | 26 Where financial compensation is the measure adopted in order to achieve the objective indicated above, it must be adequate, in that it must enable the loss and damage actually sustained as a result of the discriminatory dismissal to be made good in full in accordance with the applicable national rules.
The first and second questions | 1 |
11,237 | 56. The transparency of the process followed by a public authority for the adoption of a measure of that nature contributes to that authority acquiring greater legitimacy in the eyes of the persons to whom that measure is addressed and increasing their confidence in that authority (see, to that effect, the judgments in Sweden and Turco v Council , C‑39/05 P and C‑52/05 P, EU:C:2008:374, paragraph 59, and Sweden v MyTravel and Commission , C‑506/08 P, EU:C:2011:496, paragraph 113), and to ensuring that the authority is more accountable to citizens in a democratic system (see, to that effect, the judgments in Sweden and Turco v Council , C‑39/05 P and C‑52/05 P, EU:C:2008:374, paragraph 45; Council v Access Info Europe , C‑280/11 P, EU:C:2013:671, paragraph 32; and Council v in 't Veld , C‑350/12 P, EU:C:2014:2039, paragraphs 53, 106 and 107). | 39. À cet égard, la Cour a précisé que, si le prix effectivement payé ou à payer pour les marchandises forme, en règle générale, la base de calcul de la valeur en douane (voir, en ce sens, arrêt Sommer, précité, point 22), ce prix est une donnée qui doit éventuellement faire l’objet d’ajustements lorsque cette opération est nécessaire pour éviter de déterminer une valeur en douane arbitraire ou fictive (arrêt du 19 mars 2009, Mitsui & Co. Deutschland, C‑256/07, Rec. p. I‑1951, point 24). | 0 |
11,238 | 70
In addition, while Member States provide for longer limitation periods pursuant to Article 3(3) of Regulation No 2988/95, they are not required, in the context of that provision, to provide for those longer limitation periods in specific and/or sectoral rules (see, to that effect, judgment of 29 January 2009, Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others, C‑278/07 to C‑280/07, EU:C:2009:38, paragraph 46). It is also open to them to adopt legislative provisions establishing a limitation period of a general nature (see, to that effect, judgment of 17 September 2014, Cruz & Companhia, C‑341/13, EU:C:2014:2230, paragraphs 57 and 63 and the case-law cited). | 20 Accordingly, neither the division of powers as between the State and the autonomous regions nor the obligation to comply with directions given in the national legislation transposing the directive into national law can serve to justify failure to comply with the obligations imposed by the directive. | 0 |
11,239 | 33. In this respect, it must be borne in mind that it is settled case-law that the Treaty rules governing freedom of movement for persons and the measures adopted to implement them cannot be applied to activities which have no factor linking them with any of the situations governed by Community law and which are confined in all relevant respects within a single Member State (see, inter alia, with regard to freedom of establishment and freedom of movement for workers, respectively, Case 20/87 Gauchard [1987] ECR 4879, paragraphs 12 and 13, and Case C‑18/95 Terhoeve [1999] ECR I‑345, paragraph 26, and the decisions there cited). The same holds good in respect of the provisions of Regulation No 1408/71 (see, to that effect, Case C‑153/91 Petit [1992] ECR I‑4973, paragraph 10, and Joined Cases C‑95/99 to C‑98/99 and C‑180/99 Khalil and Others [2001] ECR I‑7413, paragraph 70). | 26 It is settled case-law that the Treaty rules governing freedom of movement for persons and measures adopted to implement them cannot be applied to activities which have no factor linking them with any of the situations governed by Community law and which are confined in all respects within a single Member State (Case C-332/90 Steen v Deutsche Bundespost [1992] ECR I-341, paragraph 9; Case C-134/95 USSL No 47 di Biella v INAIL [1997] ECR I-195, paragraph 19; Joined Cases C-64/96 and C-65/96 Land Nordrhein-Westfalen v Uecker and Jacquet v Land Nordrhein-Westfalen [1997] ECR I-3171, paragraph 16; and Joined Cases C-225/95, C-226/95 and C-227/95 Kapasakalis and Others v Greek State [1998] ECR I-4239, paragraph 22). | 1 |
11,240 | 33. As regards the possibility, under Article 183 of the VAT Directive, of providing that excess VAT is to be carried forward to the following tax period or refunded, the Court has made it clear that, while the Member States have a certain freedom in determining the conditions for the refund of excess VAT, those conditions cannot undermine the principle of fiscal neutrality by making the taxable person bear the burden of the VAT in whole or in part. In particular, such conditions must enable the taxable person, in appropriate circumstances, to recover the entirety of the credit arising from that excess VAT. This implies that the refund is made within a reasonable period of time by a payment in liquid funds or equivalent means, and that, in any event, the method of refund adopted must not entail any financial risk for the taxable person (see Commission v Italy , paragraphs 32 to 34, and Sosnowska , paragraph 17). | 60. The preceding arguments cannot be accepted. | 0 |
11,241 | null | 19 WHILST THE SECOND STAGE CONSISTS MAINLY OF COMPARISON, AND IS ACCORDINGLY COVERED BY THE SECRECY INHERENT IN THE TASK OF A SELECTION BOARD, THE FIRST, PARTICULARLY WHERE THE COMPETITION IS BASED ON FORMAL QUALIFICATIONS, ENTAILS THE MATCHING OF THE QUALIFICATIONS OFFERED BY THE CANDIDATES AGAINST THE QUALIFICATIONS REQUIRED BY THE COMPETITION NOTICE; | 0 |
11,242 | 98
It is settled case-law that the setting of time limits must, in principle, satisfy the requirement of effectiveness since it constitutes an application of the fundamental principle of legal certainty which protects both the person and the administration concerned. Such time limits are not liable to make it in practice impossible or excessively difficult to exercise the rights conferred by EU law In respect of national legislation which comes within the scope of EU law, it is for the Member States to establish those periods in the light of, inter alia, the significance for the parties concerned of the decisions to be taken, the complexities of the procedures and of the legislation to be applied, the number of persons who may be affected and any other public or private interests which must be taken into consideration. Subject to that reservation, the Member States are free to provide for longer or shorter time limits (see, to that effect, judgments of 15 April 2010, Barth , C‑542/08, EU:C:2010:193, paragraph 28 and the case-law cited; of 8 July 2010, Bulicke , C‑246/09, EU:C:2010:418, paragraph 36 and the case-law cited; and of 20 October 2016, Danqua , C‑429/15, EU:C:2016:789, paragraph 44 and the case-law cited). | 39. Finally, it must be noted that such practices entailing public financial incentives for the prescription of medicinal products containing certain active substances cannot compromise the objectivity with which, as noted in recital 50 in the preamble to Directive 2001/83, a doctor must act when issuing a prescription for a given patient. | 0 |
11,243 | 62. It is clear from the case-law of the Court that, under the second indent of Article 293 EC, the abolition of double taxation is one of the objectives of the European Community to be attained by the Member States. In the absence of unifying or harmonising measures at Community level for the elimination of double taxation, the Member States retain competence for determining the criteria for taxation on income and wealth with a view to eliminating double taxation by means, inter alia, of international agreements. In those circumstances, the Member States remain at liberty to determine the connecting factors for the allocation of fiscal jurisdiction by means of bilateral agreements (see Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 57; Case C‑265/04 Bouanich [2006] ECR I‑923, paragraph 49; and also Denkavit Internationaal and Denkavit France , paragraph 43). | 72. The fact remains that the dispute before the referring court relates exclusively to the effect of the national legislation at issue in the main proceedings on the situation of a resident company which has distributed dividends to shareholders whose holding gives them definite influence over the decisions of that company and enables them to determine its activities (see, to that effect, Test Claimants in the FII Group Litigation , paragraph 38). | 0 |
11,244 | 62. A national provision, such as that at issue in the main proceedings, which establishes a system of general incompatibility between the sector of public works and that of the media, has the consequence of excluding from the award of public contracts public works contractors who are also involved in the media sector on account of a connection as owner, main shareholder, partner or management executive, without affording them any possibility of showing, with regard to any evidence advanced, for instance, by a competitor, that, in their case, there is no real risk of the type referred to in paragraph 60 of this judgment (see, by analogy, Fabricom , paragraphs 33 and 35). | 90. Furthermore, the importance of ensuring the protection of the family life of citizens of the Union in order to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty has been recognised under European Union law (see Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraph 98). | 0 |
11,245 | 35. According to settled case-law, the only commercial practices which can be regarded by national law as unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the Directive are those listed in Annex I to the Directive. Consequently, a practice not covered by that annex may be declared unfair only after an examination of its unfairness in accordance with the criteria set out in Articles 5 to 9 (see, to that effect, Case C-304/08 Plus Warenhandelsgesellschaft [2010] ECR I-217, paragraphs 41 to 45, and Mediaprint Zeitungs- und Zeitschriftenverlag , paragraphs 30 to 34). | 76
When it has been objectively found that a Member State has failed to fulfil its obligations under the FEU Treaty or secondary law, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it (see judgments of 1 October 1998, Commission v Spain, C‑71/97, EU:C:1998:455, paragraph 15, and of 4 September 2014, Commission v Greece, C‑351/13, not published, EU:C:2014:2150, paragraph 23). | 0 |
11,246 | 23. Since Directive 2001/29 serves to implement in the European Union its obligations under, inter alia, the CT and, according to settled case-law, European Union legislation must, so far as possible, be interpreted in a manner that is consistent with international law, in particular where its provisions are intended specifically to give effect to an international agreement concluded by the European Union, the notion of ‘distribution’, contained in Article 4(1) of that directive, must be interpreted in accordance with Article 6(1) of the CT (see, to that effect, Case C-456/06 Peek & Cloppenburg [2008] ECR I-2731, paragraphs 29 to 32). | 65. According to the case-law of the Court, not only must the European Union judicature, inter alia, establish whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (Case C‑12/03 P Commission v Tetra Laval [2005] ECR I‑987, paragraph 39). | 0 |
11,247 | 37. While the detailed rules for implementing such provisions fall within the internal legal order of the Member States by virtue of the principle of procedural autonomy of the Member States, they must, however, not be less favourable than those governing similar domestic situations (principle of equivalence) or render impossible in practice or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, inter alia, Case C‑312/93 Peterbroeck [1995] ECR I‑4599, paragraph 12, and Adeneler and Others , paragraph 95). | 36 There is nothing in the wording of that provision to indicate that the appeal before the customs authority is a mandatory stage prior to lodging an appeal before the independent body. | 0 |
11,248 | 179. That right has, moreover, been reaffirmed in Article 47 of the Charter of Fundamental Rights of the European Union. As the Court of Justice has held on several occasions, that article relates to the principle of effective judicial protection (Case C-432/05 Unibet [2007] ECR I-2271, paragraph 37; Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-0000, paragraph 335; and Case C-47/07 P Masdar (UK) v Commission [2008] ECR I-0000, paragraph 50). | 80. In those circumstances, it must be held that the domestic legislature did not exceed the limits of its discretion by taking the view that it was neither realistic nor desirable to apply the new classification system retroactively to all established civil servants or to apply a transitional system guaranteeing an established civil servant and in a favoured position the same level of pay as he received previously until he has gained the experience required to qualify for higher pay under the new scheme. | 0 |
11,249 | 36. Where a Community regulation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 10 EC requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law (Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 23; Case C-326/88 Hansen [1990] ECR I-2911, paragraph 17; Milchwerke Köln v Wuppertal , cited above, paragraph 23; Case C-36/94 Siesse [1995] ECR I-3573, paragraph 20; Case C-177/95 Ebony Maritime and Loten Navigation [1997] ECR I-1111, paragraph 35, and Case C-167/01 Inspire Art [2003] ECR I-10155, paragraph 62). | 45. If the opposite were true, the tariff classification of the imported components would depend on a fact which not intrinsic to those goods, since the customs authorities are not in a position to ascertain whether components which were not presented to customs have to be worked or not before being capable of assembly with the imported components, which would undermine the objective of ease of verification by the customs and legal certainty which must govern that classification. | 0 |
11,250 | 33 First of all, and without there being any need to ascertain whether the change made by the contested regulation is one of substance, it must be recalled that the Community institutions enjoy a margin of discretion in their choice of the means needed to achieve the common commercial policy (see, to this effect, Case 245/81 Edeka Zentrale v Germany [1982] ECR 2745, paragraph 27; Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 27; Case 256/84 Koyo Seiko v Council [1987] ECR 1899, paragraph 20; Case 258/84 Nippon Seiko v Council [1987] ECR 1923, paragraph 34, and Case 260/84 Minebea v Council [1987] ECR 1975, paragraph 28). | 61. In the light of the above considerations, the answer to the first part of Question 1 is that Article 27 of the TRIPs Agreement falls within the field of the common commercial policy. | 0 |
11,251 | 26 However, it is clear from the judgments in Case C-62/89 Commission v France [1990] ECR I-925, paragraphs 17 and 18, and in Case C-244/89 Commission v France [1991] ECR I-163, paragraph 17, that Article 10(2) of the control Regulation implies that the Member States are to adopt in good time all the measures necessary to prevent the quotas at issue being exceeded, so as to ensure compliance with the quotas allocated to the Member States for the purpose of conserving fishery resources. It follows that the Member States have an obligation to take binding measures to prohibit provisionally all fishing activity even before the quotas are exhausted. | 57. Il convient de rappeler que constituent des restrictions aux mouvements de capitaux les mesures nationales qui ont pour effet de diminuer la valeur de la succession ou de la donation d’un résident d’un État autre que celui sur le territoire duquel est imposée la succession ou la donation ou d’un résident d’un État autre que celui du territoire sur lequel se trouvent les biens concernés et qui impose la succession ou la donation de ceux-ci (voir, en ce sens, en matière de succession, arrêts Jäger, C‑256/06, EU:C:2008:20, point 31, et Welte, EU:C:2013:662, point 23 et jurisprudence citée, ainsi que, en matière de donation, arrêt Mattner, EU:C:2010:216, point 26). | 0 |
11,252 | 27
In the second place, it should be pointed out that an error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122). | 84. Under Article 13(2) TEU, the European Union’s institutions are to practise mutual sincere cooperation. That sincere cooperation, however, is exercised within the limits of the powers conferred by the Treaties on each institution. The obligation resulting from Article 13(2) TEU is therefore not such as to change those powers (judgment in Parliament v Council , C‑48/14, EU:C:2015:91, paragraphs 57 and 58). | 0 |
11,253 | 34
In the second place, as regards the criterion of urgency, according to the case-law of the Court, it is appropriate to take into account the fact that the person concerned in the main proceedings is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the outcome of the dispute in the main proceedings (see, to that effect, judgment in Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 24). Moreover, the situation of the person concerned must be assessed as it stood at the time when consideration was given to whether the reference should be dealt with under the urgent procedure (see, to that effect, judgment in N., C‑601/15 PPU, EU:C:2016:84, paragraph 40). | 32 Similarly, the fact that different systems of liability apply to the producers and victims of defective products does not constitute an infringement of the principle of equal treatment where the differentiation dependent on the nature and amount of the damage suffered is objectively justified (see in particular Case 8/57 Aciéries Belges v High Authority [1958] ECR 245, at p. 256, and Commission v Greece, cited above, paragraph 32). | 0 |
11,254 | 70
It must be borne in mind that, according to the settled case-law of the Court of Justice, to which the General Court correctly referred in paragraph 99 of the judgment under appeal, in the context of the review conducted by the European Union judicature of complex economic assessments made by the Commission in the field of State aid, it is not for that judicature to substitute its own economic assessment for that of the Commission. However, the European Union judicature must, inter alia, establish not only whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see, inter alia, judgment of 24 October 2013, Land Burgenland and Others v Commission, C‑214/12 P, C‑215/12 P and C‑223/12 P, EU:C:2013:682, paragraphs 78 and 79 and the case-law cited). | 36
However, that provision makes no express reference to the law of the Member States for the purpose of determining its meaning and scope. | 0 |
11,255 | 70. Second, it must be recalled that respect for the right to a fair hearing in any procedure brought against a person which may lead to an act adversely affecting that person in particular a procedure which may lead to the imposition of penalties, constitutes a fundamental principle of Community law. That principle requires that any person on whom a penalty may be imposed must be placed in a position in which he can effectively make known his view of the matters on the basis of which the penalty is imposed and can produce any evidence relevant to his defence (see Case C-142/87 Belgium v Commission [1990] ECR I-959 (‘ Tubemeuse ’), paragraphs 46 and 47; Case C-135/92 Fiskano v Commission [1994] ECR I-2885, paragraphs 39 and 40; and BGL , paragraph 52). | 19 The tenth recital in the preamble to the Directive, according to which 'the likelihood of confusion ... constitutes the specific condition for such protection', also confirms that interpretation.
| 0 |
11,256 | 70. As regards the General Court’s alleged distortion of the order in Case T-124/99 Autosalone Ispra dei Fratelli Rossi v Commission , suffice it to note that the Court held that specific and detailed awareness by the victim of the facts is not one of the conditions which must be met in order for the limitation period to begin running (order in Case C-136/01 P Autosalone Ispra dei Fratelli Rossi v Commission , paragraph 31; Evropaïki Dynamiki v Commission , paragraph 37). Similarly, the subjective appraisal of the reality of the damage by the victim cannot be taken into consideration for the purpose of determining the moment at which the limitation period begins to run in proceedings brought against the European Union for non-contractual liability ( Commission v Cantina sociale di Dolianova and Others , paragraph 61; Evropaïki Dynamiki v Commission , paragraph 37). | 27. It follows that checks are indispensable so that the objectives pursued by Regulation No 796/2004 may be achieved and, therefore, on that view, the fact of preventing them from being carried out cannot but lead to serious legal consequences, such as the rejection of the aid applications concerned as provided for by Article 23(2) of that regulation with respect to on-the-spot checks. | 0 |
11,257 | 47
It must be held that such a lack of foreseeability may have the effect of deterring non-residents from acquiring or maintaining property situated in that Member State, given that the later transfer of those assets to other non-residents would place the latter in a position of uncertainty for a longer time as regards the future taxation that might be demanded by that Member State (see, by analogy, the judgment of 15 September 2011 in Halley, C‑132/10, EU:C:2011:586, paragraphs 22 to 25). | 20 In that regard, it should be borne in mind that the factual circumstances to be taken into account in determining whether the conditions for a transfer are met include in particular, in addition to the degree of similarity of the activity carried on before and after the transfer and the type of undertaking or business concerned, the question whether or not the majority of the employees were taken over by the new employer (Spijkers, cited above, paragraph 13). | 0 |
11,258 | 46
Consequently, if, as is apparent from the case-law of the Court, those characteristics make the selective distribution system an appropriate means by which to preserve the luxury image of luxury goods and therefore contribute to sustaining the quality of those goods (see, to that effect, judgment of 23 April 2009, Copad, C‑59/08, EU:C:2009:260, paragraphs 28 and 29 as well as the case-law cited), a limitation such as that stemming from the prohibition at issue in the main proceedings, the effect of which is inherent in those characteristics, must also be regarded as being such as to preserve the quality and luxury image of those goods. | 15 With regard to professional activities which are pursued, partially or temporarily, outside the territory of the Community, the Court has held, in its judgments of 12 December 1974 in Case 36/74 Walrave v Union cycliste internationale (( 1974 )) ECR 1405 and of 12 July 1984 in Case 237/83 Prodest SARL v Caisse primaire d' assurance maladie de Paris (( 1984 )) ECR 3153, that persons pursuing such activities had the status of workers employed in the territory of a Member State if the legal relationship of employment could be located within the territory of the Community or retained a sufficiently close link with that territory . | 0 |
11,259 | 27. It follows in particular that the scheme applicable to such temporary residence permits must be based on a procedural system which is easily accessible and capable of ensuring that the persons concerned will have their applications dealt with objectively and within a reasonable time, and refusals to grant a permit must be capable of being challenged in judicial or quasi-judicial proceedings (see, by analogy, Case C‑157/99 Smits and Peerbooms [2001] ECR I-5473, paragraph 90). It should be remembered, in this last respect, that Community law requires effective judicial scrutiny of the decisions of national authorities taken pursuant to the applicable provisions of Community law, and that this principle of effective judicial protection constitutes a general principle which stems from the constitutional traditions common to the Member States and is enshrined by the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, in Articles 6 and 13 of the Convention (see, in particular, Case 222/84 Johnston [1986] ECR 1651, paragraphs 18 and 19, and Case C-467/01 Eribrand [2003] ECR I-6471, paragraph 61). | 15 SINCE THE DRAFT LAW WAS ADOPTED ON 8 OCTOBER 1984 THE COMMISSION HAS WITHDRAWN ITS COMPLAINT IN THE COURSE OF THE ORAL PROCEDURE .
( C ) SECRET TENDER EQUAL TO OR CLOSEST TO THE AVERAGE TENDER | 0 |
11,260 | 58
The concept of ‘State aid’ does not, however, cover measures that differentiate between undertakings which, in the light of the objective pursued by the legal regime concerned, are in a comparable factual and legal situation, and are, therefore, a priori selective, where the Member State concerned is able to demonstrate that that differentiation is justified since it flows from the nature or general structure of the system of which the measures form part (see, to that effect, inter alia, judgments of 29 April 2004, Netherlands v Commission, C‑159/01, EU:C:2004:246, paragraphs 42 and 43; of 8 September 2011, Paint Graphos and Others, C‑78/08 to C‑80/08, EU:C:2011:550, paragraphs 64 and 65; and of 29 March 2012, 3M Italia, C‑417/10, EU:C:2012:184, paragraph 40). | 28 Consequently, where a product is protected by a number of basic patents in force, which may belong to a number of patent holders, each of those patents may be designated for the purpose of the procedure for the grant of a certificate. Under Article 3(c) of the Regulation, however, only one certificate may be granted for each basic patent. | 0 |
11,261 | 34. However, the Court’s case-law shows that a call for tenders is not mandatory where a public authority which is a contracting authority exercises over the separate entity concerned control similar to that which it exercises over its own departments, provided that that entity carries out the essential part of its activity with the public authority or with other controlling local or regional authorities (see, to that effect, Teckal , paragraph 50, and Stadt Halle and RPL Lochau , paragraph 49). | 104. Il ressort de la jurisprudence de la Cour que le Conseil bénéficie, pour l’application de l’article 108, paragraphe 2, troisième alinéa, TFUE, d’un large pouvoir d’appréciation dont l’exercice implique des évaluations complexes d’ordre économique et social, qui doivent être effectuées dans le contexte de l’Union. Dans ce cadre, le contrôle juridictionnel appliqué à l’exercice de ce pouvoir d’appréciation se limite à la vérification du respect des règles de procédure et de motivation ainsi qu’au contrôle de l’exactitude matérielle des faits retenus et de l’absence d’erreur de droit, d’erreur manifeste dans l’appréciation des faits ou de détournement de pouvoir (voir, en ce sens, arrêt du 29 février 1996, Commission/Conseil, précité, points 18 et 19, ainsi que, par analogie, arrêt du 22 décembre 2008, Régie Networks, C‑333/07, Rec. p. I‑10807, point 78). | 0 |
11,262 | 45 Unless it is objectively justified and proportionate to its aim, a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage (O'Flynn, cited above, paragraph 20). | 20 It follows from all the foregoing case-law that, unless objectively justified and proportionate to its aim, a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. | 1 |
11,263 | 70. It must also be borne in mind that the Court has categorised as deliberate disturbance within the meaning of Article 12(1)(b) of the directive matters such as the use of mopeds on a beach notwithstanding warnings as to the presence of protected sea turtles’ nests and the presence of pedalos and small boats in the sea area of the beaches concerned, and has held that a Member State fails to fulfil its obligations under Article 12(1)(b) and (d) of the directive where it does not take all the requisite specific measures to prevent the deliberate disturbance of the animal species concerned during its breeding period or the deterioration or destruction of its breeding sites (see Case C-103/00 Commission v Greece [2002] ECR I-1147, paragraphs 36 and 39, and the Opinion of Advocate General Léger in that case, at point 57). | 31. It must be recalled that the right to reside in the territory of the Member States is conferred directly on every citizen of the Union by Article 18(1) EC (see Case C-413/99 Baumbast and R [2002] ECR I-7091, paragraph 84). Mr Trojani therefore has the right to rely on that provision of the Treaty simply as a citizen of the Union. | 0 |
11,264 | 61. At paragraph 26 of Océano Grupo Editorial and Salvat Editores , the Court held that the aim of Article 6 of Directive 93/13, which requires Member States to provide that unfair contract terms are not to be binding on the consumer, could not be achieved if the consumer were himself obliged to raise the unfair nature of such terms. In disputes where the amounts involved are often small, the lawyers’ fees may be higher than the amount at stake, which may deter the consumer from defending himself against the application of an unfair term. While it is true that, in a number of Member States, procedural rules enable individuals to defend themselves in such proceedings, there is a real risk that the consumer, particularly because of a lack of awareness, will not challenge the unfair nature of the term pleaded against him. It follows that effective consumer protection can be attained only if the national courts are given power to evaluate terms of this kind of their own motion. | 51 THE APPLICANT HAS NOT ALLEGED THAT THIS RESULTED IN THE MINUTES CONTAINING SUBSTANTIAL INACCURACIES OR OMISSIONS WITH REGARD TO IT . | 0 |
11,265 | 24. According to settled case-law, the procedure provided for in Article 177 of the Treaty is a means of cooperation between the Court of Justice and national courts. It follows that it is for the national courts alone which are seised of the case and are responsible for the judgment to be delivered to determine, in view of the special features of each case, both the need for a preliminary ruling in order to enable them to give their judgment and the relevance of the questions which they put to the Court (see, in particular, the judgments in Joined Cases C-297/88 and C‑197/89 Dzodzi [1990] ECR I-3763, paragraphs 33 and 34, and in Case C-231/89 Gmurzynska-Bscher [1990] ECR I‑4003, paragraphs 18 and 19). | 27. Selon une jurisprudence constante, l’interdiction des mesures d’effet équivalent à des restrictions quantitatives à l’importation édictée à l’article 28 CE vise toute mesure des États membres susceptible d’entraver directement ou indirectement, actuellement ou potentiellement, le commerce intracommunautaire (voir, en ce sens, arrêts du 16 novembre 2000, Commission/Belgique, C‑217/99, Rec. p. I‑10251, point 16; du 26 octobre 2006, Commission/Grèce, C‑65/05, Rec. p. I‑10341, point 27, et du 15 mars 2007, Commi ssion/Finlande, C‑54/05, Rec. p. I‑2473, point 30). Ainsi, le seul fait d’être dissuadé d’introduire ou de commercialiser les produits en question dans l’État membre concerné constitue pour l’importateur une entrave à la libre circulation des marchandises (arrêt du 20 septembre 2007, Commission/Pays-Bas, C‑297/05, non encore publié au Recueil, point 53 et jurisprudence citée). | 0 |
11,266 | 82. It is also necessary that the use be made in accordance with honest practices in industrial or commercial matters, which is the only assessment criterion referred to in Article 6(1) of Directive 89/104. The condition of ‘honest practice’ is, in essence, an expression of the duty to act fairly in relation to the legitimate interests of the trade-mark proprietor (see Case C‑100/02 Gerolsteiner Brunnen [2004] ECR I‑0000, paragraph 24 and the case-law cited there). It is therefore essentially the same condition as that laid down by Article 17 of the TRIPs Agreement. | 15 As regards the services at issue in the main proceedings, it cannot be disputed that the Régie des Postes is entrusted with a service of general economic interest consisting in the obligation to collect, carry and distribute mail on behalf of all users throughout the territory of the Member State concerned, at uniform tariffs and on similar quality conditions, irrespective of the specific situations or the degree of economic profitability of each individual operation. | 0 |
11,267 | 22
In the present case, the scope of the right of communication to the public laid down in Article 8(3) of Directive 2006/115 is equivalent to that of the right provided for in Article 13(d) of the Rome Convention, which, in accordance with the wording of Article 8(3), limits it to ‘places accessible to the public against payment of an entrance fee’ (see, to that effect, judgment of 4 September 2014, Commission v Council, C‑114/12, EU:C:2014:2151, paragraphs 94 to 96). The intention of the EU legislature was — as confirmed by the amended proposal for a directive, of 30 April 1992 (COM(92) 159 final, p. 12), which led to the adoption of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 1992 L 346, p. 61), which was repealed and codified by Directive 2006/115 — to follow to a large extent the provisions of the Rome Convention introducing minimum protection in order to achieve uniform minimum protection in the European Union and, by modelling Article 6a(3) of the proposed Directive on Article 13(d) of the Rome Convention, to provide for an exclusive right to communicate television broadcasts to the public under the conditions set out in that convention. | 7 According to the third and fourth recitals in the preamble to the regulation, the period of effective protection under a patent prior to adoption of the regulation was insufficient to cover the investment put into the pharmaceutical research. The regulation is specifically designed to remedy that insufficiency by the creation of a supplementary protection certificate for medicinal products in respect of which marketing authorization has been granted. | 0 |
11,268 | 103. As to those submissions, while it is clear that a penalty payment is likely to encourage the defaulting Member State to put an end as soon as possible to the breach that has been established (Case C-278/01 Commission v Spain , paragraph 42), it should be remembered that the Commission’s suggestions cannot bind the Court and are only a useful point of reference (Case C-387/97 Commission v Greece , paragraph 89). In exercising its discretion, it is for the Court to set the penalty payment so that it is appropriate to the circumstances and proportionate both to the breach that has been established and to the ability to pay of the Member State concerned (see, to this effect, Case C-387/97 Commission v Greece , paragraph 90, and Case C-278/01 Commission v Spain , paragraph 41). | 13 EVEN IF THE MEMBER STATE CONCERNED DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF OF THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS, SUCH AN OPPORTUNITY CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY AND AMOUNTS TO AN ESSENTIAL PROCEDURAL REQUIREMENT IN PROCEEDINGS RELATING TO THE FINDING OF A FAILURE ON THE PART OF A MEMBER STATE . | 0 |
11,269 | 29. As regards the term ‘concerted practice’, it is apparent from the Court’s case-law that Articled 81(1) EC makes a distinction between that term and, in particular, the terms ‘agreement’ and ‘decision by an association of undertakings’, with the sole intention of catching various forms of collusion between undertakings which, from a subjective point of view, have the same nature and are distinguishable from each other only by their intensity and the forms in which they manifest themselves (see, to that effect, judgment Commission v Anic Partecipazioni , C‑49/92 P, EU:C:1999:356, paragraph 112, and T-Mobile Netherlands and Others , C‑8/08, EU:C:2009:343, paragraph 23). | 72. It should also be pointed out that the references made in Articles 4 and 6 of the Framework Decision to Articles 2, 3 and 5 thereof highlight the fact that, in the present case, those provisions are inextricably linked to the provisions concerning the criminal offences to which they relate. | 0 |
11,270 | 41. In so far as the three conditions giving rise to liability laid down in the second paragraph of Article 288 EC must be satisfied cumulatively, the fact that one of them has not been satisfied is a sufficient basis on which to dismiss an action for damages (Case C‑257/98 P Lucaccioni v Commission [1999] ECR I‑5251, paragraph 14). | 11 GUIDED BY SIMILAR CONSIDERATIONS, THE COURT, IN ITS JUDGMENT OF 26 MAY 1982 ( CASE 133/81 IVENEL V SCHWAB (( 1982 )) ECR 1891 ), HELD THAT IN THE CASE OF A CLAIM BASED ON DIFFERENT OBLIGATIONS ARISING UNDER A SINGLE CONTRACT FOR COMMERCIAL REPRESENTATION WHICH HAD BEEN DESCRIBED BY THE NATIONAL COURT AS A CONTRACT OF EMPLOYMENT, THE OBLIGATION TO BE TAKEN INTO CONSIDERATION FOR THE PURPOSES OF ARTICLE 5 ( 1 ) OF THE CONVENTION WAS THE OBLIGATION WHICH CHARACTERIZED THE CONTRACT AND WAS NORMALLY THE OBLIGATION TO CARRY OUT WORK . | 0 |
11,271 | 92
It must be pointed out that, as regards areas classified as SPAs, Article 7 of the Habitats Directive provides that the obligations arising under Article 4(4) of the Birds Directive are replaced, inter alia, by the obligations arising under Article 6(2) of the Habitats Directive as from the date of implementation of the Habitats Directive or the date of classification under the Birds Directive, where the latter date is later (judgment of 18 December 2007, Commission v Spain, C‑186/06, EU:C:2007:813, paragraph 28 and the case-law cited). | 66 In those circumstances, the aid granted to service stations linked to oil companies by PMS clauses had economic effects for the companies concerned since the effect of that aid was, in any event, to release those companies from their obligation to bear all or part of the costs of the forecourt discounts offered by dealers to prevent loss of market share. That State intervention therefore constituted aid to oil companies since its effect was to mitigate the burdens which would normally have affected the budget of companies anxious to maintain their market position in the light of developments in the domestic and international markets. | 0 |
11,272 | 18. In that connection, it must be recalled that, in accordance with settled case-law, the purpose of the first paragraph of Article 307 EC is to make it clear, in accordance with the principles of international law, that application of the Treaty is not to affect the duty of the Member State concerned to respect the rights of third countries under a prior agreement and to perform its obligations (see Case 812/79 Burgoa [1980] ECR 2787, paragraph 8; Case C-216/01 Budĕjovický Budvar [2003] ECR I‑13617, paragraphs 144 and 145; Case C-205/06 Commission v Austria [2009] ECR I-0000, paragraph 33; and Case C‑249/06 Commission v Sweden [2009] ECR I-0000, paragraph 34). | 24 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS QUI L' AFFECTENT DE MANIERE SPECIFIQUE EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE . | 0 |
11,273 | 51. Il ressort de la jurisprudence qu’une prestation peut être considérée comme accessoire à une prestation principale lorsqu’elle constitue non une fin en soi, mais le moyen de bénéficier dans les meilleures conditions du service principal (voir, en ce sens, arrêts Madgett et Baldwin, précité, point 24; du 25 février 1999, CPP, C‑349/96, Rec. p. I‑973, point 30; du 6 novembre 2003, Dornier, C‑45/01, Rec. p. I‑12911, point 34, ainsi que Horizon College, précité, point 29). | 20 In this regard, the competent national authorities must assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking. | 0 |
11,274 | 33. However, it should be remembered that, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is for the Member States, under Article 4(3) TEU, to facilitate the achievement of the Commission’s tasks, which consist in particular, pursuant to Article 17(1) TEU, in ensuring that the provisions of the FEU Treaty and the measures taken by the institutions pursuant thereto are applied (see, to that effect, Commission v Italy , C‑456/03, EU:C:2005:388, paragraph 26 and the case-law cited). | 41. In order for the predetermined allocation of the revenue from a tax on excise goods to be regarded as indicating that the tax pursues a specific purpose within the meaning of the same provision, the tax in question must itself be directed at achieving the specific purpose referred to, so that there is a direct link between the use of the revenue and the specific purpose (see, to that effect, judgment in Transportes Jordi Besora , EU:C:2014:108, paragraph 30). | 0 |
11,275 | 20 As the Court held in paragraph 11 of its judgment in Manpower, cited above, in order to prevent an undertaking established in a Member State from being obliged to register its workers, normally subject to the social security legislation of that State, with the social security system of another Member State where they are sent to perform work of short duration - which would complicate exercise of freedom to provide services - Article 14(1)(a) of Regulation No 1408/71 allows the undertaking to keep its workers registered under the social security system of the first Member State if the undertaking observes the conditions governing that freedom to provide services (Fitzwilliam Technical Services, paragraph 29). | 15 IT FOLLOWS THAT EMPLOYEES ARE NOT ENTITLED TO WAIVE THE RIGHTS CONFERRED ON THEM BY THE DIRECTIVE AND THAT THOSE RIGHTS CANNOT BE RESTRICTED EVEN WITH THEIR CONSENT . THIS INTERPRETATION IS NOT AFFECTED BY THE FACT THAT, AS IN THIS CASE, THE EMPLOYEE OBTAINS NEW BENEFITS IN COMPENSATION FOR THE DISADVANTAGES RESULTING FROM AN AMENDMENT TO HIS CONTRACT OF EMPLOYMENT SO THAT, TAKING THE MATTER AS A WHOLE, HE IS NOT PLACED IN A WORSE POSITION THAN BEFORE . | 0 |
11,276 | 57. It follows that point 13 of the 2006 Guidelines pursues the objective of adopting, as the starting point for the calculation of the fine imposed on an undertaking, an amount which reflects the economic significance of the infringement and the relative size of the undertaking’s contribution to it. Consequently, while the concept of the value of sales referred to in point 13 of those guidelines admittedly cannot extend to encompassing sales made by the undertaking in question which do not fall within the scope of the alleged cartel, it would, however, be contrary to the goal pursued by that provision if that concept were to be understood as applying only to turnover achieved by the sales in respect of which it is established that they were actually affected by that cartel ( Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraph 76). | 76. It follows that point 13 of the 2006 Guidelines pursues the objective of adopting as the starting point for the calculation of the fine imposed on an undertaking an amount which reflects the economic significance of the infringement and the size of the undertaking’s contribution to it. Consequently, while the concept of the value of sales referred to in point 13 of those guidelines admittedly cannot, extend to encompassing sales made by the undertaking in question which do not fall within the scope of the alleged cartel, it would however be contrary to the goal pursued by that provision if that concept were understood as applying only to turnover achieved by the sales in respect of which it is established that they were actually affected by that cartel. | 1 |
11,277 | À cet égard, la Cour a considéré que, dès lors qu’un État membre est en mesure de présenter un échantillon répondant aux prescriptions
de l’annexe I, point B, de la directive 91/271, les obligations découlant de l’article 4 de cette dernière doivent être considérées
comme respectées, cet article n’imposant pas que des prélèvements d’échantillons soient effectués, comme cela est prévu à
l’annexe I, point D, de cette directive, durant une année entière (arrêt Commission/Portugal, C-398/14, EU:C:2016:61, point
42). Rien ne permet de considérer qu’il en va différemment en ce qui concerne le respect des obligations découlant de l’article
5 de la directive 91/271, lequel ne renvoie pas davantage aux dispositions de l’annexe I, point D, de la directive 91/271. | 28. The principle of legal certainty, the corollary of which is the principle of the protection of legitimate expectations, requires, on the one hand, that rules of law must be clear and precise and, on the other, that their application must be foreseeable by those subject to them (judgment in Plantanol , C‑201/08, EU:C:2009:539, paragraph 46 and the case-law cited). | 0 |
11,278 | 72. Admittedly, should the national courts which made the references conclude, on the basis of the replies to be given by the Court, that the new Articles 2621 and 2622 of the Italian Civil Code do not, by reason of certain of their provisions, satisfy the Community law requirement that penalties be appropriate, it would follow, according to the Court’s well-established case-law, that the national courts which made the references would be required to set aside, under their own authority, those new articles without having to request or await the prior repeal of those articles by way of legislation or any other constitutional procedure (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 and 24; Joined Cases C‑13/91 and C‑113/91 Debus [1992] ECR I‑3617, paragraph 32; and Joined Cases C‑10/97 to C‑22/97 IN. CO .GE’90 and Others [1998] ECR I‑6307, paragraph 20). | 41. Second, where a patent protects a product, in accordance with Article 3(c) of Regulation No 469/2009, only one certificate may be granted for that basic patent (see Biogen , paragraph 28). | 0 |
11,279 | 20 Nothing justifies a parent company's and its subsidiaries' uniform conduct on the market having greater importance in the application of the Directive than the formal separation between those companies which have distinct legal personalities. That outcome, which would exclude transfers between companies in the same group from the scope of the Directive, would be precisely contrary to the Directive's aim, which is, according to the Court, to ensure, so far as possible, that the rights of employees are safeguarded in the event of a change of employer by allowing them to remain in employment with the new employer on the terms and conditions agreed with the transferor (see, in particular, Ny Mølle Kro, cited above, paragraph 12, and Daddy's Dance Hall, cited above, paragraph 9). | 21 Where it is the practice of a Member State, in certain circumstances, to refuse to register a branch of a company having its registered office in another Member State, the result is that companies formed in accordance with the law of that other Member State are prevented from exercising the freedom of establishment conferred on them by Articles 52 and 58 of the Treaty. | 0 |
11,280 | 35
Under the principle of cooperation in good faith laid down in Article 4 TEU, Member States are nevertheless required to nullify the unlawful consequences of that breach of EU law. The competent national authorities are therefore under an obligation to take all measures necessary, within the sphere of their competence, to remedy the failure to carry out an environmental impact assessment, for example by revoking or suspending consent already granted in order to carry out such an assessment (see, to that effect, judgments of 7 January 2004, Wells, C‑201/02, EU:C:2004:12, paragraphs 64 and 65; of 3 July 2008, Commission v Ireland, C‑215/06, EU:C:2008:380, paragraph 59; and of 28 February 2012, Inter-Environnement Wallonie and Terre wallonne, C‑41/11, EU:C:2012:103, paragraphs 42, 43 and 46). | 61. Consequently, there appears to be no indication that the Community legislature’s intention was to give those provisions a different meaning. | 0 |
11,281 | 46 So, if the French Republic did adopt or maintain stricter measures than those laid down by Regulation No 3626/82 or No 338/97, it is possible that the referring court may need to consider the compatibility of the prohibition of commercial use of the species at issue as prescribed by the French legislation, in particular the Guyane decree, with Articles 30 and 36 of the Treaty. That would be the case in so far as that legislation applied to situations linked to the importation of goods in intra-Community trade (see, inter alia, Case 298/87 Smanor [1988] ECR 4489, paragraphs 7 and 8, and Case C-448/98 Guimont [2000] ECR I-10663, paragraph 21). | À titre liminaire, il convient de rappeler que, sous réserve de certaines exceptions non pertinentes pour la présente affaire,
la taxation des véhicules automobiles n’a pas été harmonisée au niveau de l’Union. Les États membres sont donc libres d’exercer
leur compétence fiscale dans ce domaine, à condition de l’exercer dans le respect du droit de l’Union (voir arrêt X, C‑302/12,
EU:C:2013:756, point 23 et jurisprudence citée). | 0 |
11,282 | 13. Furthermore, whilst Article 234 EC does not make a reference to the Court subject to there having been an inter partes hearing in the proceedings in the course of which the national court refers a question for a preliminary ruling (see Case C-18/93 Corsica Ferries [1994] ECR I-1783, paragraph 12), it follows none the less from that article 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 orders in Case 138/80 Borker [1980] ECR 1975, paragraph 4, and in Case 318/85 Greis Unterweger [1986] ECR 955, paragraph 4; and judgments in Case C-111/94 Job Centre [1995] ECR I-3361, paragraph 9; Salzmann , paragraph 14; Lutz , paragraph 13; and Case C-165/03 Längst [2005] ECR I-5637, paragraph 25). | 68. That analysis is confirmed by the content of the recitals in the preamble to the Directive and by the observations submitted during the procedure. | 0 |
11,283 | 37. The Commission’s argument that it follows from the case-law concerning exemptions that activities carried out upstream from those provided by the ultimate service provider are not exempt (Case 107/84 Commission v Germany [1985] ECR 2655, paragraph 20; Case C‑240/99 Skandia [2001] ECR I‑1951, paragraphs 40 and 41; Case C‑235/00 CSC Financial Services [2001] ECR I‑10237, paragraphs 39 and 40; and Case C‑472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 39), so that only medical tests carried out by laboratories on behalf of patients in the context of a direct contractual relationship with those patients comes within the scope of Article 13A(1)(b) of the Sixth Directive, must also be rejected, as that case-law relates to the interpretation of other exemptions, the wording and objectives of which are different from those pursued by that provision (see, to that effect, Case 107/84 Commission v Germany , paragraph 13). | 42 Nevertheless, the jurisdiction of the Court is confined to considering provisions of Community law only . In its reply to the national court, the Court of Justice cannot take account of the general scheme of the provisions of domestic law which, while referring to Community law, define the extent of that reference . Consideration of the limits which the national legislature may have placed on the application of Community law to purely internal situations, to which it is applicable only through the operation of the national legislation, is a matter for domestic law and hence falls within the exclusive jurisdiction of the courts of the Member State . | 0 |
11,284 | 40. Moreover, the Court has held that in so far as an E 101 certificate establishes a presumption that posted workers are properly affiliated to the social security system of the Member State in which the undertaking which posted those workers is established, such a certificate is binding on the competent institution of the Member State to which those workers are posted (judgment in Herbosch Kiere , C‑2/05, EU:C:2006:69, paragraph 24). | 25 It is therefore necessary to examine whether the sole purpose of the questions referred to this Court is to enable the national court to resolve the question of the validity of the Commission's decision of 6 May 1993, or whether those questions also relate to the interpretation of the provisions defining the scope of the Regulation. | 0 |
11,285 | 35. Secondly, that legislation must make provision for a procedure enabling interested parties to have new species of mammals included in the national list of authorised species. The procedure must be one which is readily accessible, which presupposes that it is expressly provided for in a measure of general application, and can be completed within a reasonable time, and, if it leads to a refusal to include a species – it being obligatory to state the reasons for that refusal – the refusal decision must be open to challenge before the courts (see, by analogy, Case C-344/90 Commission v France , paragraph 9, and Case C-24/00 Commission v France , paragraphs 26 and 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,286 | 10 It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission (see, in particular, Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 23). | 63. Il convient de rappeler que la Cour a jugé que la réglementation communautaire sur la limitation de l’utilisation des filets maillants dérivants fait partie intégrante de la politique agricole commune (voir arrêt du 24 novembre 1993, Mondiet, C‑405/92, Rec. p. I‑6133, point 24). Par ailleurs, la Cour a également jugé que, en cette matière, le Conseil dispose d’un pouvoir discrétionnaire et que le contrôle juridictionnel de ce pouvoir se limite à vérifier le caractère manifestement inapproprié d’une mesure arrêtée dans ce domaine par rapport à l’objectif que l’institution compétente entend poursuivre (voir arrêts du 16 mars 2006, Emsland-Stärke, C‑94/05, Rec. p. I‑2619, point 54, et du 24 mai 2007, Maatschap Schonewille-Prins, C‑45/05, Rec. p. I‑3997, point 46). | 0 |
11,287 | 39
The Court has already held, in that regard, in relation to parts and accessories of machines, appliances and instruments, that the notion of ‘parts’ implies the existence of a whole machine for which those parts are essential for it to function and that the notion of ‘accessories’ implies an interchangeable part designed to adapt a machine for a particular operation, or to increase its range of operations, or to perform a particular service relative to the main function of the machine. In order to ensure a consistent and uniform application of the Common Customs Tariff, it must be possible to apply those definitions to heading 9305 of the CN, and in particular to subheading 9305 91 00 thereof (see, by analogy, judgment of 4 March 2015 in Oliver Medical, C‑547/13, EU:C:2015:139, paragraph 69 and the case-law cited). | 43 Such a situation may, in certain circumstances, be regarded as a special situation within the meaning of Article 13 of Regulation No 1430/79. | 0 |
11,288 | 43. The freedom to provide services may, however, be restricted by national regulations justified on the grounds set out in Article 46(1) EC in conjunction with Article 55 EC or by overriding reasons in the public interest (see, to that effect, Case C‑262/02 Commission v France , paragraph 23), to the extent that there are no Community harmonising measures providing for measures necessary to ensure those interests are protected (see, to that effect, in the context of the free movement of goods, Case C-323/93 Centre d’insémination de la Crespelle [1994] ECR I-5077, paragraph 31 and case-law cited). | 69. Accordingly, the answer to question 2(d) must be that it is for the Member State which claims to have a reason justifying a restriction on the free movement of goods to demonstrate specifically the existence of a reason relating to the public interest, the necessity for the restriction in question and that the restriction is proportionate in relation to the objective pursued.
The third question | 0 |
11,289 | 17. The fact that a Member State can only plead in its defence against such an action that implementation was absolutely impossible does not prevent a State which, in giving effect to a Commission decision on State aid, encounters unforeseen and unforeseeable difficulties or becomes aware of consequences overlooked by the Commission, from submitting those problems to the Commission for consideration, together with proposals for suitable amendments to the decision in question. In such cases, the Commission and the Member State must, by virtue of the rule imposing on the Member States and the Community institutions a duty of genuine cooperation which underlies, in particular, Article 10 EC, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions and, in particular, the provisions on aid (see Commission v Italy , cited above, paragraph 17; Commission v France , cited above, paragraph 24; Case C-378/98 Commission v Belgium [2001] ECR I-5107, paragraph 31; Case C‑499/99 Commission v Spain , cited above, paragraph 24; and Case C-404/00 Commission v Spain , cited above, paragraph 46). | 46 For the rest, the Commission's action must be dismissed. | 1 |
11,290 | 30. The information provided in orders for reference must not only enable the Court to reply usefully but must also give the Governments of the Member States and the interested parties the opportunity to submit observations pursuant to Article 23 of the Statute of the Court of Justice. It is the Court’s duty to ensure that that opportunity is safeguarded, bearing in mind that under that provision only the orders for reference are notified to the interested parties (Case C‑67/96 Albany [1999] ECR I‑5751, paragraph 40). | 26 That interpretation must be extended to situations where a public undertaking approves radio transmitters or receivers, whether or not they are intended to operate over the public network. | 0 |
11,291 | 18
The reasoned opinion and the action brought under Article 258 TFEU must therefore set out the complaints coherently and precisely, in order for the Member State and the Court to be able to appreciate exactly the scope of the breach of EU law complained of, a condition which is necessary to enable the Member State to put forward its defence and the Court to determine whether there is a breach of obligations as alleged (judgments of 14 October 2010, Commission v Austria, C‑535/07, EU:C:2010:602, paragraph 42, and of 3 March 2011, Commission v Ireland, C‑50/09, EU:C:2011:109, paragraph 64 and the case-law cited). | 2 That question was raised in proceedings between, on the one hand, Mr Thévenon and the Sozialamt (Social Assistance Office) of the city of Speyer and, on the other, the Landesversicherungsanstalt Rheinland-Pfalz (Rhineland-Palatinate Regional Insurance Office, hereinafter "the Landesversicherungsanstalt") concerning the calculation of Mr Thévenon' s invalidity pension. | 0 |
11,292 | 29. Furthermore, the concepts of ‘medical care’ in Article 13A(1)(b) of the Sixth Directive and of ‘the provision of medical care’ in Article 13A(1)(c) of that directive are both intended to cover services that have as their aim the diagnosis, treatment and, in so far as possible, cure of diseases or health disorders (see Dornier , paragraph 48 and the case-law cited; Case C‑106/05 L.u.P [2006] ECR I‑5123, paragraph 27; and Case C‑262/08 CopyGene [2010] ECR I‑5053, paragraph 28). | 93
In the alternative, the Parliament submits that the reasonable time principle was not disregarded by the General Court. | 0 |
11,293 | 27. The overall scheme of the directive is thus based on the strict accounting of the issue, holding, transfer and cancellation of allowances, the framework for which is provided for by Article 19 thereof and requires the establishment of a system of standardised registries through a separate Commission regulation. That accurate accounting is inherent in the very purpose of the directive, consisting in the establishment of a Community scheme for greenhouse gas emission allowance trading, which aims to reduce greenhouse gas emissions in the atmosphere to a level that prevents dangerous anthropogenic interference with the climate system, with the ultimate objective of protection of the environment (see Arcelor Atlantique and Lorraine and Others , paragraph 29). As observed by the Commission, in introducing itself a predefined penalty, the Community legislature wished to shield the allowance trading scheme from distortions of competition resulting from market manipulations. | 23 THE FACT THAT THE ACTUAL DATE OF ENTRY INTO FORCE OF THE CONSUMPTION-AID SYSTEM WAS POSTPONED , FOR THE SECOND TIME , BY ONE MONTH ON 20 FEBRUARY 1979 WAS NOT SUCH AS TO ALTER THE RISK WHICH THE APPLICANT HAD FREELY CHOSEN TO RUN .
| 0 |
11,294 | 35. In order to determine whether the principle of equivalence has been complied with in the case in the main proceedings, it is therefore necessary to examine whether, in the light of their purpose and their essential characteristics, the action for damages brought by Transportes Urbanos, alleging breach of European Union law, and the action which that company could have brought on the basis of a possible breach of the Constitution may be regarded as similar (see, to that effect, Preston and Others , paragraph 49). | 28. Such legislation is thus likely to dissuade European Union nationals from exercising their right to freedom of movement and residence in another Member State, given the impact that exercising that freedom is likely to have on the right to the education or training grant ( Prinz and Seeberger , paragraph 32). | 0 |
11,295 | 92. It is the Court’s settled case-law that the market price is the highest price which a private investor acting under normal competitive conditions is ready to pay for a company in the situation it is in (see Case C‑390/98 Banks [2001] ECR I‑6117, paragraph 77, and Case C‑277/00 Germany v Commission [2004] ECR I‑3925, paragraph 80). | 20
In this respect, according to the third subparagraph of Article 10a(1) of Directive 2003/87, no greenhouse gas allowance is to be allocated free of charge in respect of electricity production, with the exception of, inter alia, electricity produced from waste gases. | 0 |
11,296 | 22 According to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as that of competition, where the factual and legal situations are often complex (see, in particular, Joined Cases C-320/90 to C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraphs 6 and 7, Case C-67/96 Albany International v Stichting Bedrijfspensioenfonds Textielindustrie [1999] ECR I-0000, paragraph 39, and Joined Cases C-115/97 to C-117/97 Brentjens' Handelsonderneming v Stichting Bedrijfspensioenfonds voor de Handel in Bouwmaterialen [1999] ECR I-0000, paragraph 38). | 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 |
11,297 | 23. Moreover, it is important, first of all, to point out that the aim of that latter directive is to lay down minimum requirements intended to improve the living and working conditions of workers through an approximation of the provisions of national law, in particular, those governing working time. That harmonisation at EU level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods — particularly daily and weekly — and adequate breaks and by setting the maximum average duration of the working week at 48 hours, which is expressly stated to encompass overtime (see judgments in BECTU , C‑173/99, EU:C:2001:356, paragraphs 37 and 38; Jaeger , C‑151/02, EU:C:2003:437, paragraph 46, and order in Grigore , C‑258/10, EU:C:2011:122, paragraph 40). | 35 In that regard, the Court has repeatedly held that the concepts of `matters relating to a contract' and `matters relating to tort, delict or quasi-delict' in paragraphs 1 and 3 respectively of Article 5 of the Brussels Convention are to be interpreted independently, having regard primarily to the objectives and general scheme of that convention, in order to ensure that it is both given full effect and applied uniformly in all the Contracting States (see, in particular, Case 34/82 Peters [1983] ECR 987, paragraphs 9 and 10; Case 189/87 Kalfelis [1988] ECR 5565, paragraphs 15 and 16, and Case C-261/90 Reichert and Kockler [1992] ECR I-2149, paragraph 15). | 0 |
11,298 | 39 According to settled case-law, the principle of collegiality is based on the equal participation of the Commissioners in the adoption of decisions, from which it follows in particular that decisions should be the subject of collective deliberation and that all the members of the college of Commissioners should bear collective responsibility at political level for all decisions adopted (Case 5/85 AKZO Chemie v Commission [1986] ECR 2585, paragraph 30; Joined Cases 46/87 and 227/88 Hoechst v Commission [1986] ECR 2859, and Case 137/92 P Commission v BASF and Others, cited above, paragraph 63). | 29 The Court' s interpretation of Article 6 as set out above provides a direct reply to the first part of the second question relating to the level of compensation required by that provision. | 0 |
11,299 | 12 As the Court has consistently held (see judgments in Case 326/85 Netherlands v Commission [1987] ECR 5091, at paragraph 7, Case 332/85 Germany v Commission [1987] ECR 5143, at paragraph 7, and Case 347/85 United Kingdom v Commission [1988] ECR 1749, at paragraph 11), those provisions permit the Commission to charge to the Fund only sums paid in accordance with the rules laid down in the various sectors of agricultural production while leaving the Member States to bear the burden of any other sums paid, and in particular any amounts which the national authorities wrongly believed themselves authorized to pay or not to collect in the context of the common organization of the markets. | 127. En outre, si ledit argument devait être examiné, il conduirait la Cour à effectuer une appréciation de nature factuelle. Or, conformément aux articles 225, paragraphe 1, CE et 58, premier alinéa, du statut de la Cour de justice, le pourvoi est limité aux questions de droit. L’appréciation des éléments de preuve ne constitue pas, sous réserve du cas de leur dénaturation, laquelle n’a pas été invoquée en l’espèce, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, en ce sens, arrêts du 19 septembre 2002, DKV/OHMI, C‑104/00 P, Rec. p. I‑7561, point 22, et du 25 octobre 2007, Develey/OHMI, C‑238/06 P, non encore publié au Recueil, point 97). | 0 |
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