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11,300 | 34. On the other hand, and inasmuch as the ‘assets of the company’ are defined as all the property which the members have contributed, together with any increase in its value (see, to that effect, Case C-38/88 Siegen [1990] ECR I-1447, paragraph 12), the ‘increase in the assets’ within the meaning of Article 4(2)(b) of Dire ctive 69/335 includes, in principle, every kind of increase in the net assets of a capital company ( Senior Engineering Investments , paragraph 34). Thus, the Court has classified as an ‘increase in the assets’ within the meaning of that provision, for example, a transfer of profits (see Case C-49/91 Weber Haus [1992] ECR I-5207, paragraph 10), an interest-free loan (see, in particular, Case C-392/00 Norddeutsche Gesellschaft zur Beratung und Durchführung von Entsorgungsaufgaben bei Kernkraftwerken [2002] ECR I-7397, paragraph 18), an absorption of losses (see Siegen , paragraph 13), and the waiver of a claim (Case C-15/89 Deltakabel [1991] ECR I-241, paragraph 12). | 10 A profit transfer in favour of a capital company, if it increases the assets of that company and is likely to increase the value of its shares, constitutes a service which may be subject to capital duty, if it is a service provided by a member. | 1 |
11,301 | 30. Finally, it is necessary to take into account the obligation, arising from Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ 1998 L 80, p. 27), to indicate the unit price, irrespective of the nominal value of the prepackage ( Ruwet , paragraph 56). | 64. It is in its capacity as the Member State in which the shareholder is resident that, when a resident company pays dividends to its resident ultimate shareholders, that Member State grants to such shareholders, on payment of the dividends, a tax credit equal to the fraction of the advance corporation tax paid by the company which made the distributed profits. | 0 |
11,302 | 41. Concerning those two forms of investment, the Court has stated that national measures must be regarded as ‘impediments’ for the purposes of Article 63(1) TFEU if they are liable to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see Case C‑367/98 Commission v Portugal [2002] ECR I‑4731, paragraphs 45 and 46; Case C‑483/99 Commission v France [2002] ECR I‑4781, paragraph 40; Case C‑463/00 Commission v Spain [2003] ECR I‑4581, paragraphs 61 and 62; Case C‑98/01 Commission v United Kingdom [2003] ECR I‑4641, paragraphs 47 and 49; Case C‑174/04 Commission v Italy [2005] ECR I‑4933, paragraphs 30 and 31; and Commission v Netherlands , paragraph 20). | 27 FINALLY THE FACT , RELIED ON BY THE APPLICANTS , THAT IN SPITE OF THESE CIRCULARS THE BELGIAN DEALERS CONTINUED TO SELL NEW BMW VEHICLES ABROAD AFTER 29 SEPTEMBER 1975 , IS NOT DECISIVE . THE INFORMATION SUPPLIED BY BMW BELGIUM IN RESPONSE TO A QUESTION FROM THE COURT CONCERNS ONLY 28 CASES OUT OF THE 59 CASES OF RE-EXPORTATION OF WHICH BMW BELGIUM HAD KNOWLEDGE BETWEEN OCTOBER 1975 AND FEBRUARY 1976 . | 0 |
11,303 | 49. In paragraphs 105 to 109 of the contested judgment, the Court of First Instance also sought to confirm its interpretation of those decisions by relying on its own case-law and that of the Court and by making reference to other documents from the case-file submitted to it. However, the reasoning of that part of the judgment is superfluous having regard to that which, in paragraphs 91 to 104, formed the basis of that interpretation. Therefore, and since the Court of First Instance did not err in law in arriving at that interpretation, the Commission’s complaints directed against the reasoning in paragraphs 105 to 109 of the judgment are immaterial. In accordance with settled case-law, those complaints, which cannot serve as the basis for setting aside the judgment of the Court of First Instance, must be rejected (see, inter alia, Case C-35/92 P Parliament v Frederiksen [1993] ECR I-991, paragraph 31, Case C-224/91 P Pincherle v Commission [1993] ECR I-6965, paragraph 25, and Case C-264/95 P Commission v UIC [1997] ECR I‑1287, paragraph 48). | 227. It follows that the Habitats Directive requires that any plan or project undergo an appropriate assessment of its implications if it cannot be excluded on the basis of objective information that that plan or project will have a significant effect on the site concerned. | 0 |
11,304 | 27 As the Advocate General points out in point 63 of his Opinion, although Article 46 of Regulation No 3184/74 substantially incorporates the provisions on administrative cooperation in matters of subsequent verification set out in Article 17 of Protocol No 3 to the EEC-Switzerland Agreement, to which the Court referred in its aforesaid judgment, it does not incorporate the principle of settling disputes by a joint customs committee, as provided for by the second subparagraph of Article 17(3) of the Protocol. That subparagraph provides that disputes which cannot be settled between the customs authorities of the importing country and those of the exporting country or which raise a question as to the interpretation of the Protocol are to be submitted to the customs committee established under the Agreement. | 85. It follows that Ireland ought, at the very least, to have adopted appropriate measures pursuant to the first sentence of Article 4(4) of the Birds Directive in order to avoid pollution or deterioration of the habitats in the Cross Lough area or any disturbances affecting the sandwich tern, in so far as those disturbances may have been significant with regard to the objectives of that article. | 0 |
11,305 | 34. In order to identify the paragraph of Article 107 of Regulation No 574/72 that applies in the case before the referring court, it must be noted that Article 107(1) of that regulation sets out the detailed rules for currency conversion solely for the purposes of the provisions expressly referred to therein (see, to that effect, Case C‑201/91 Grisvard and Kreitz EU:C:1992:368, paragraphs 23 and 25). | 61. En outre, une opération de valorisation n’est complète que si elle a pour conséquence que la substance en question a acquis les mêmes propriétés et caractéristiques qu’une matière première et est utilisable dans les mêmes conditions de précaution pour l’environnement (voir arrêts ARCO Chemie Nederland e.a., précité, points 94 et 96, ainsi que Palin Granit, point 46). | 0 |
11,306 | 43. As the Court has consistently held, that right to deduct is an integral part of the VAT scheme and as a general rule may not be limited. In particular, that right is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, inter alia, Case C‑62/93 BP Supergas [1995] ECR I‑1883, paragraph 18; Case C‑392/09 Uszodaépítő [2010] ECR I‑0000, paragraph 34, and Enel Maritsa Iztok 3 , paragraph 32). | 11 On 10 August 1995, Clean Car lodged an administrative appeal against that decision with the Landeshauptmann von Wien, submitting that the person appointed as manager now had a residence in Austria and that, in any event, since the accession of the Republic of Austria to the European Union, residence anywhere in the European Union was sufficient to satisfy the statutory requirements. | 0 |
11,307 | 28. It is apparent from the case‑law that Article 12 EC applies independently only to situations governed by Community law for which the Treaty lays down no specific rules of non-discrimination (see, inter alia, Joined Cases C‑397/98 and C‑410/98 Metallgesellscahft and Others [2001] ECR I‑1727, paragraph 38, and Case C‑422/01 Skandia and Ramstedt [2003] ECR I‑6817, paragraph 61). | 39. À cet égard, il convient d’ajouter que, ainsi qu’il ressort du dossier, c’est seulement à la fin du mois d’avril 2009, plus de cinq mois après le délai imparti pour la récupération effective des aides illégales, que les décisions nationales visant à récupérer ces aides, sans intérêts, ont été notifiées aux entreprises concernées. | 0 |
11,308 | 51. In those judgments, the Court held that, where a benefit granted by a bilateral tax convention cannot be classified as a benefit that is separable from that convention, but contributes to its overall balance (the fact that the reciprocal rights and obligations arising under that convention apply only to persons resident in one of the two contracting Member States being an inherent consequence of bilateral conventions), Community law does not preclude the benefit in question from not being conferred on the resident of a third Member State, in so far as that resident is not in a situation comparable to that of residents covered by the convention in question (see, to that effect, D. , paragraphs 59 to 63, and Test Claimants in Class IV of the ACT Group Litigation , paragraphs 88 to 93). | 22 It appears from the report of the committee of experts which drafted the Convention (Official Journal 1979 C 59, p. 1) that that rule was introduced so that the parties would not have to institute new proceedings if, for example, the court first seised of the matter were to decline jurisdiction. However, the objective of the provision, which is to avoid negative conflicts of jurisdiction, may be achieved without the court second seised examining the jurisdiction of another court. | 0 |
11,309 | 31
The fact remains that the Member States must refrain, during the period prescribed for transposition of a directive, from taking any measures liable seriously to compromise the result prescribed by that directive (see judgments of 18 December 1997, Inter-Environnement Wallonie, C‑129/96, EU:C:1997:628, paragraph 45, and of 2 June 2016, Pizzo, C‑27/15, EU:C:2016:404, paragraph 32). In this connection it is immaterial whether or not such provisions of domestic law, adopted after the directive entered into force, are concerned with the transposition of the directive (see judgment of 4 July 2006, Adeneler and Others, C‑212/04
EU:C:2006:443, paragraph 121). | 65. It appears therefore appropriate to conclude that identical legal consequences must be applied to those two situations. | 0 |
11,310 | 16. The terms used to specify the exemptions under Article 13 of the Sixth Directive are to be interpreted strictly, since these exemptions constitute exceptions to the general principle that VAT is to be levied on all goods or services supplied for consideration by a taxable person acting as such (see, in particular, Case C‑150/99 Stockholm Lindöpark [2001] ECR I‑493, paragraph 25, and Case C‑280/04 Jyske Finans [2005] ECR I‑10683, paragraph 21 and case-law cited). | 51
In those circumstances, the Court must hold that the national legislation at issue in the main proceedings, by requiring the liquidation of the company, is liable to impede, if not prevent, the cross-border conversion of a company. It therefore constitutes a restriction on freedom of establishment (see, to that effect, judgment of 16 December 2008Cartesio, C‑210/06, EU:C:2008:723, paragraphs 112 and 113). | 0 |
11,311 | 12 As regards the first part of the question, as thus reworded, the Court has consistently held that, under the principle of cooperation laid down in Article 5 of the Treaty, it is for the Member States to ensure the legal protection which individuals derive from the direct effect of Community law. In the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law. However, such rules must not be less favourable than those governing similar domestic actions nor render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see, in particular, the judgments in Case 33/76 Rewe v Landwirtschaftskammer fuer das Saarland [1976] ECR 1989, paragraph 5, Case 45/76 Comet v Produktschap voor Siergewassen [1976] ECR 2043, paragraphs 12 to 16, Case 68/79 Hans Just v Danish Ministry for Fiscal Affairs [1980] ECR 501, paragraph 25, Case 199/82 Amministrazione delle Finanze dello Stato v San Giorgio [1983] ECR 3595, paragraph 14, Joined Cases 331/85, 376/85 and 378/85 Bianco and Girard v Directeur Général des Douanes des Droits Indirects [1988] ECR 1099, paragraph 12, Case 104/86 Commission v Italy [1988] ECR 1799, paragraph 7, Joined Cases 123/87 and 330/87 Jeunehomme and EGI v Belgian State [1988] ECR 4517, paragraph 17, Case C-96/91 Commission v Spain [1992] ECR I-3789, paragraph 12, and Joined Cases C-6/90 and C-9/90 Francovich and Others v Italian Republic [1991] ECR I-5357, paragraph 43). | 9 IN CONSEQUENCE , THE RIGHT ATTRIBUTED TO THE PROPRIETOR OF THE TRADE MARK ENABLING HIM TO PREVENT ANY USE THEREOF WHICH IS LIKELY TO IMPAIR THE GUARANTEE OF ORIGIN AS DEFINED ABOVE , IS THEREFORE PART OF THE SPECIFIC SUBJECT-MATTER OF THE TRADE-MARK RIGHT .
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11,312 | 60. The fact that, for the purposes of adopting the contested Directive, the Parliament was consulted and did not intervene as co-legislator under the ordinary legislative procedure, is accordingly solely a result of the choice made by the framers of the treaties and not from an infringement of the principle of sincere cooperation (see, to that effect, judgment in Parliament v Commission , EU:C:2012:472, paragraph 82). | 8 It must also be emphasized that the right of the proprietor of a protected design to prevent third parties from manufacturing and selling or importing, without its consent, products incorporating the design constitutes the very subject-matter of his exclusive right . It follows that an obligation imposed upon the proprietor of a protected design to grant to third parties, even in return for a reasonable royalty, a licence for the supply of products incorporating the design would lead to the proprietor thereof being deprived of the substance of his exclusive right, and that a refusal to grant such a licence cannot in itself constitute an abuse of a dominant position . | 0 |
11,313 | 21
In that regard, it is to be noted that the objective pursued by Directive 87/344, in particular Article 4 thereof, concerning the free choice of lawyer or representative, is to protect, broadly, the interests of insured persons. The general scope and obligatory nature that the right of the insured party to choose his lawyer or representative is recognised to possess militate against a restrictive interpretation of Article 4(1)(a) of that directive (see, to that effect, judgments in Eschig, C‑199/08, EU:C:2009:538, paragraphs 45 and 47, and Sneller, C‑442/12, EU:C:2013:717, paragraph 24). | 23THIS WOULD BE THE CASE IN THE EVENT OF A CONFLICT BETWEEN A PROVISION OF COMMUNITY LAW AND A SUBSEQUENT NATIONAL LAW IF THE SOLUTION OF THE CONFLICT WERE TO BE RESERVED FOR AN AUTHORITY WITH A DISCRETION OF ITS OWN , OTHER THAN THE COURT CALLED UPON TO APPLY COMMUNITY LAW , EVEN IF SUCH AN IMPEDIMENT TO THE FULL EFFECTIVENESS OF COMMUNITY LAW WERE ONLY TEMPORARY .
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11,314 | 28. La procédure en manquement permet en effet de déterminer la portée exacte des obligations des États membres en cas de divergences d’interprétation (voir arrêt du 14 décembre 1971, Commission/France, 7/71, Rec. p. 1003, point 49) et repose sur la constatation objective du non-respect par un État membre des obligations que lui imposent le traité CE ou un acte de droit dérivé (voir arrêts du 18 janvier 2001, Commission/Espagne, C-83/99, Rec. p. I-445, point 23, et du 14 septembre 2004, Commission/Italie, C-385/02, Rec. p. I-8121, point 40). Elle constitue comme telle l’ultima ratio d’imposer le respect du droit communautaire en faisant prévaloir les intérêts communautaires consacrés par le traité en dépit de la résistance des États membres (voir, en ce sens, arrêt du 15 juillet 1960, Pays-Bas/Haute Autorité, 25/59, Rec. p. 723, 761). Pour cette raison, le présent recours conserve également un intérêt. | 25. By the exemption concerned, the Community legislature intended to promote the equality of certain tax conditions under which the transport undertakings or other services which ply the waters concerned operate. | 0 |
11,315 | 41. As emphasised by the Commission, unlike the acts of accession relating to certain Member States (see, by way of comparison, Case C‑369/09 P ISD Polska and Others v Commission [2011] ECR I‑2011, paragraph 7), the Act of Accession relating to the Republic of Bulgaria does not contain any specific clauses about aid granted to undertakings in the steel sector before that Member State acceded to the European Union. It is apparent from the documents submitted to the Court that, during the accession negotiations, the Republic of Bulgaria stated that it would no longer grant aid to its steel industry and that it was withdrawing its request for extension of the period during which aid could be granted to the steel sector. | 76. It will be recalled that in that judgment the Court held that the earlier scheme disregarded the principle of equal treatment in that it excluded male civil servants who were able to prove that they had assumed the task of bringing up their children ( Griesmar , EU:C:2001:648, paragraph 67). | 0 |
11,316 | 32. The Spanish Government, Ireland and the United Kingdom Government contend that a negative response is required to this question on the basis of the wording of Article 137(5) EC, as interpreted in Case C-14/04 Dellas and Others [2005] ECR I-10253, paragraph 39. | 25. However, a difference in treatment between those two categories of taxpayer must be categorised as discrimination within the meaning of the Treaty where there is no objective difference such as to justify that difference in treatment (see, to that effect, Schumacker , paragraphs 36 to 38, and Royal Bank of Scotland , paragraph 27). | 0 |
11,317 | 40
It should be recalled that, according to settled case-law, an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. Where an appeal merely reproduces the pleas in law and arguments previously submitted to the General Court, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, it fails to satisfy that requirement. Such an appeal amounts in reality to no more than a request for a re-examination of the application submitted to the General Court, which the Court of Justice does not have jurisdiction to undertake (see, inter alia, judgments of 30 June 2005, Eurocermex v OHIM, C‑286/04 P, EU:C:2005:422, paragraphs 49 and 50, and of 12 September 2006, Reynolds Tobacco and Others v Commission, C‑131/03 P, EU:C:2006:541, paragraphs 49 and 50). | 101. S’agissant de l’argument tiré par la République de Pologne de ce que, par la réglementation nationale en cause, elle a procédé à une mise en œuvre correcte de la directive 2009/41, il suffit de rappeler qu’il est de juris prudence constante que les dispositions d’une directive doivent être mises en œuvre avec une force contraignante incontestable, avec la spécificité, la précision et la clarté requises, afin que soit satisfaite l’exigence de sécurité juridique (voir, notamment, arrêts Commission/Irlande, précité, point 46, ainsi que du 27 octobre 2011, Commission/Pologne, C‑362/10, point 46 et jurisprudence citée). | 0 |
11,318 | 26. In interpreting a provision of Community law, however, it is necessary to consider not only its wording, but also the context in which it occurs and the objects of the rules of which it is part ( De Jaeck , paragraph 17, and Case C-17/03 VEMW and Others [2005] ECR I-0000, paragraph 41). | 114
It follows that tobacco products containing a characterising flavour, whether that is menthol or another flavouring, have certain similar, objective characteristics and similar effects as regards initiating tobacco consumption and sustaining tobacco use. | 0 |
11,319 | 86
Accordingly, as confirmed by recitals 22 and 26 of Directive 2002/58, under Article 6 of that directive, the processing and storage of traffic data are permitted only to the extent necessary and for the time necessary for the billing and marketing of services and the provision of value added services (see, to that effect, judgment of 29 January 2008, Promusicae, C‑275/06, EU:C:2008:54, paragraphs 47 and 48). As regards, in particular, the billing of services, that processing is permitted only up to the end of the period during which the bill may be lawfully challenged or legal proceedings brought to obtain payment. Once that period has elapsed, the data processed and stored must be erased or made anonymous. As regards location data other than traffic data, Article 9(1) of that directive provides that that data may be processed only subject to certain conditions and after it has been made anonymous or the consent of the users or subscribers obtained. | 125. Il convient, à cet égard, de relever qu’il résulte de la jurisprudence de la Cour qu’un manquement d’un État membre peut être, en principe, constaté au titre de l’article 226 CE quel que soit l’organe de cet État dont l’action ou l’inaction est à l’origine du manquement, même s’il s’agit d’une institution constitutionnellement indépendante (arrêt du 9 décembre 2003, Commission/Italie, C‑129/00, Rec. p. I‑14637, point 29 et jurisprudence citée). | 0 |
11,320 | 36. Article 108 TFEU establishes different procedures according to whether the aid is existing or new. Whilst under Article 108(3) TFEU new aid must be notified to the Commission and may not be implemented until that procedure has led to a final decision, under Article 108(1) TFEU existing aid may be lawfully implemented so long as the Commission has made no finding of incompatibility (Case C‑262/11 Kremikovtzi [2012] ECR I‑0000, paragraph 49 and the case-law cited). | 6 THE CONCEPT OF A MEASURE CAPABLE OF GIVING RISE TO AN ACTION IS IDENTICAL IN ARTICLES 173 AND 175, AS BOTH PROVISIONS MERELY PRESCRIBE ONE AND THE SAME METHOD OF RECOURSE . | 0 |
11,321 | 39. The will of the parties may result from both the clauses of the dealership agreement in question and from the conduct of the parties, and in particular from the possibility of there being tacit acquiescence by the dealers in a call from the manufacturer (see, to that effect, Case C-338/00 P Volkswagen v Commission , paragraphs 61 to 68). | 53. It sho uld also be noted that aid may be selective in the light of Article 87(1) EC even where it concerns a whole economic sector (see, inter alia, Case C-75/97 Belgium v Commissio n [1999] ECR I-3671, paragraph 33). | 0 |
11,322 | 65 By repaying the aid, the recipient forfeits the advantage which it had enjoyed over its competitors on the market, and the situation prior to payment of the aid is restored (Case C-350/93 Commission v Italy, cited above, paragraph 22). Since repayment of the aid is meant only to restore the prior legal situation, it cannot in principle be regarded as a sanction. | 51
Last, as regards the sixth part of this ground of appeal, relating to an error of law committed by the General Court in its assessment of the alleged disregard by the Parliament of the appellant’s rights of defence, it should be recalled that the principle of respect for the rights of the defence is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a general principle of EU law which is applicable even in the absence of any specific rules in that regard. That principle requires that the addressees of decisions which significantly affect the interests of those addressees should be placed in a position in which they may effectively make known their views with regard to the evidence on which those decisions are based (see, to that effect, judgments of 12 February 1992 in Netherlands and Others v Commission, C‑48/90 and C‑66/90, EU:C:1992:63, paragraphs 44 and 45; 24 October 1996 in Commission v Lisrestal and Others, C‑32/95 P, EU:C:1996:402, paragraph 30; and 9 June 2005 in Spain v Commission, C‑287/02, EU:C:2005:368, paragraph 37). | 0 |
11,323 | 58. In that regard, even though the first subparagraph of Article 22(1) of Directive 2003/88 permits the Member States to derogate from Article 6 thereof, that fact does not alter the precise and unconditional nature of Article 6(b). The Member States’ right not to apply Article 6 is subject to compliance with all of the conditions set out in the first subparagraph of Article 22(1) of that directive, with the result that it is possible to determine the minimum protection which must be provided in any event (see, to that effect, Pfeiffer and Others , paragraph 105). | 28. Indeed, according to the case-law of the Court, the public service owes a general obligation of diligence when verifying the legality of payments made by it that are borne by the European Union budget (judgment in Ze Fu Fleischhandel GmbH and Vion Trading , C‑201/10 and C‑202/10, EU:C:2011:282, paragraph 44). To admit that the dies a quo is the day of the relevant irregularity’s discovery would run contrary to that obligation of diligence. | 0 |
11,324 | 30. It should be recalled that, according to the Court’s case-law, the transfer of an economic activity from a legal person governed by private law to a legal person governed by public law is in principle within the scope of Directive 77/187. Only the reorganisation of structures of the public administration or the transfer of administrative functions between public administrative authorities is excluded from that scope (Case C-298/94 Henke [1996] ECR I-4989, paragraph 14, and Mayeur , paragraphs 29 to 34). | 59. On the other hand, the existence of a certain degree of integration may be regarded as established by a finding that the student in question has resided in the host Member State for a certain length of time. | 0 |
11,325 | 32. In that regard, it should be noted that the Republic of Poland referred to those transposition measures for the first time at the stage of the defence, a fact which cannot be reconciled with the duty of sincere cooperation imposed on Member States under Article 4(3) TEU (see, to that effect, judgment in Commission v Spain , C‑151/12, EU:C:2013:690, paragraph 49). | 130. Passing this on to its customers, the broadcaster may thus demand a different fee for access to its services according to whether the access is for commercial or for private purposes. | 0 |
11,326 | 46
As regards, first of all, the Council’s allegedly exceeding the bounds of its discretion, it should first be borne in mind that when it is fixing TACs and allocating fishing opportunities among the Member States, the Council has to evaluate a complex economic situation. In such circumstances, the Council’s discretion is not limited to the nature and scope of the measures to be taken but extends, to some degree, to the finding of the basic facts. In reviewing the exercise of such a power, the Court must confine itself to examining whether there has been a manifest error or misuse of power or whether the authority in question has clearly exceeded the bounds of its discretion (see to that effect, judgments of 19 February 1998, NIFPO and Northern Ireland Fishermen’s Federation, C‑4/96, EU:C:1998:67, paragraphs 41 and 42; 5 October 1999, Spain v Council, C‑179/95, EU:C:1999:476, paragraph 29; and 9 September 2004, Spain v Commission, C‑304/01, EU:C:2004:495, paragraph 23). | 74. In regard to the accounting entries of own resources, Article 6(1) of Regulation No 1552/89 states that each Member State is to keep accounts for those resources with its Treasury or with the body appointed by it. Under Article 6(2)(a) and (b), Member States are obliged to include in the A accounts the entitlements established in accordance with Article 2 of that regulation, at the latest on the first working day after the 19th day of the second month following the month during which the entitlement was established, without prejudice to the option of entering in the B accounts, within the same prescribed period, the established entitlements which have ‘not yet been recovered’ and for which ‘no security has been provided’, and also entitlements established and ‘for which security has been provided [and which] have been challenged and might, upon settlement of the disputes which have arisen, be subject to change’. | 0 |
11,327 | 8 A later amendment of the description of a product on which duties have been suspended cannot retroactively affect the interpretation of the description previously applied for that purpose (Case 58/85 Ethicon v Hauptzollamt Itzehoe [1986] ECR 1131, paragraph 13). Moreover, where a provision is ambiguous it must be interpreted according to the general scheme and purpose of the rules of which it forms part (Case C-338/90 Hamlin Electronics v Hauptzollamt Darmstadt [1992] ECR I-2333, paragraph 12). | 12 It must be borne in mind that where a provision is ambiguous it must be interpreted according to the general scheme and purpose of the rules of which it forms part. | 1 |
11,328 | 110. It must be observed, by way of preliminary observation, that the processing of milk cannot be classified as a provision of services within the meaning of Article 50 EC since it leads directly to the manufacture of a physical object which itself is intended to be sold as a product. In any event, under Article 50 EC, services are to be considered to be " services" within the meaning of the Treaty where they are provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital or persons (see Case 18/84 Commission v France [1985] ECR 1339, paragraph 12). | 44. The deterrent nature and dissuasive purpose of the prohibitory actions, together with their independence of any particular dispute, mean that such actions may be brought even though the terms which it is sought to have prohibited have not been used in specific contracts (see Commission v Italy , paragraph 15, and Invitel , paragraph 37). | 0 |
11,329 | 52
Nevertheless, it must be stated that the provisions of Article 6(2) and (3) of the Habitats Directive must be construed as a coherent whole in the light of the conservation objectives pursued by the directive and that those provisions are designed to ensure the same level of protection of natural habitats and habitats of species (see, to that effect, judgments in Sweetman and Others, C‑258/11, EU:C:2013:220, paragraph 32, and Briels and Others, C‑521/12, EU:C:2014:330, paragraph 19). | 54. Moreover, that principle and that obligation prohibit the contracting authority from rejecting a tender which satisfies the requirements of the invitation to tender on grounds which are not set out in the tender specifications and which are relied on subsequent to the submission of the tender. | 0 |
11,330 | 36. According to the settled case-law of the Court, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with EU law (see, inter alia, Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 36; Case C-379/05 Amurta [2007] ECR I-9569, paragraph 16; Case C-540/07 Commission v Italy [2009] ECR I-10983, paragraph 28; and Case C-487/08 Commission v Spain [2010] ECR I-4843, paragraph 37, and Case C-284/09 Commission v Germany [2011] ECR I-9879, paragraph 44). | 8 IT FOLLOWS FROM THE FOREGOING THAT THE OBJECTION OF INADMISSIBILITY RAISED BY THE COUNCIL MUST BE UPHELD AND THE APPLICANT' S PRINCIPAL CLAIM FOR A DECLARATION THAT REGULATION NO 2089/84 IS VOID IN ITS ENTIRETY MUST BE REJECTED . IT IS, HOWEVER, NECESSARY TO EXAMINE THE MERITS OF THE ALTERNATIVE CLAIM FOR A DECLARATION THAT THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH ARE OF CONCERN EXCLUSIVELY TO NSK ARE VOID .
SUBSTANCE | 0 |
11,331 | 49
It follows from those provisions that the Council, voting unanimously on the initiative of any Member State or of the Commission, may adopt legislative acts with any aim that is consistent with those of Title VI of the EU Treaty, with the exception, however, of the areas referred to in Article 34(2)(a) and (b) EU, and, voting by majority, may adopt the measures necessary for the implementation of those acts at EU level (see, to that effect, judgment of 10 September 2015, Parliament v Council,C‑363/14, EU:C:2015:579, paragraphs 60 to 66). In both cases, those measures can be adopted only after the Parliament has been consulted (see, to that effect, judgment of 16 April 2015, Parliament v Council, C‑540/13, EU:C:2015:224, paragraph 36). | 16 However, in order to take account of the specific practices and requirements of international trade, the aforementioned Accession Convention of 9 October 1978 added to the second sentence of the first paragraph of Article 17 of the Convention a third hypothesis providing that, in international trade or commerce, a jurisdiction clause may be validly concluded in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware. | 0 |
11,332 | 49 Those rules are nevertheless liable to restrict the freedom of movement of players who wish to pursue their activity in another Member State, by preventing Belgian clubs from fielding in championship matches basketball players from other Member States where they have been engaged after a specified date. Those rules consequently constitute an obstacle to freedom of movement for workers (see, to that effect, Bosman, paragraphs 99 and 100). | 59 The Commission was required to adopt a negative decision in respect of proposal No 777/94, since it had not been notified to it within the prescribed period. The action brought against Decision 96/544 before the Court of First Instance therefore had to be dismissed irrespective of the pleas in law put forward in support of that action. | 0 |
11,333 | 42. Regarding the issue whether reduced transport fares such as those granted by certain Länder in Austria come within the scope of the Treaties for the purposes of Article 18(1) TFEU, it should be observed that, in holding that access to training comes within the scope of EU law, the Court has held previously that national aid granted to students to cover their maintenance costs, social benefits provided for by a national, non-contributory scheme and so-called tideover allowances provided for by national legislation intended for unemployed youth seeking their first employment all come within the scope thereof (see Bidar , paragraph 42; Grzelczyk , paragraph 46, and D’Hoop , paragraphs 34 and 35). | 40. L’interprétation des dispositions de la directive doit, dès lors, être effectuée à la lumière de l’économie générale et de la finalité de celle-ci, dans le respect de la convention de Genève et des autres traités pertinents visés à l’article 78, paragraphe 1, TFUE. Cette interprétation doit également se faire, ainsi qu’il ressort du considérant 10 de la directive, dans le respect des droits reconnus par la Charte (arrêt du 19 décembre 2012, Abed El Karem El Kott e.a., C‑364/11, point 43 ainsi que jurisprudence citée).
Sur la première question | 0 |
11,334 | 279. As regards the exchanges of price information, Aalborg, Buzzi Unicem and Cementir are essentially reproducing the same arguments as they had already raised in vain before the Court of First Instance. Examination by the Community judicature of the complex economic assessments made by the Commission must necessarily be confined to verifying whether the rules on procedure and on the statement of reasons have been complied with, whether the facts have been accurately stated and whether there has been any manifest error of appraisal or misuse of powers (see, inter alia, Case 42/84 Remia and Others v Commission [1985] ECR 2545, paragraph 34, and BAT and Reynolds v Commission , paragraph 62). | 29 THAT ARGUMENT IS FUNDAMENTALLY UNTENABLE . A COUNTERVAILING CHARGE IS NOT UNLAWFUL MERELY BECAUSE IT IS SET AT A FIXED RATE . ITS LEGALITY DEPENDS ON A WHOLE RANGE OF FACTORS, SUCH AS THE PRICES CHARGED FOR IMPORTS AND THE REQUIREMENTS OF EFFECTIVELY ACHIEVING THE DESIRED AIM . | 0 |
11,335 | 75. With regard to a measure which simultaneously pursues a number of objectives or which has several components, without one being incidental to the other, the Court has held, where various legal bases of the EC Treaty are therefore applicable, that such a measure will have to be founded, exceptionally, on the various corresponding legal bases (see, to that effect, Case C-211/03 Commission v Council , paragraph 40, and Case C-94/03 Commission v Council , paragraph 36). | 19. Therefore, even if that directive were regarded as accomplishing full harmonisation within the meaning of the Court’s case‑law, that would not preclude the relevance of primary law for the period prior to the time-limit for transposition of the directive (see, inter alia, by analogy, Case 148/78 Ratti [1979] ECR 1629, paragraphs 36 and 42 to 44, and Case C‑350/97 Monsees [1999] ECR I‑2921, paragraph 27). | 0 |
11,336 | 14. The Court has jurisdiction to interpret the provisions of the EC Treaty only as regards their application in a new Member State with effect from the date of that State’s accession to the European Union (see, to that effect, Case C‑302/04 Ynos [2006] ECR I‑371, paragraph 36, and Case C‑64/06 Telefónica O2 Czech Republic [2007] ECR I‑4887, paragraph 23). | 47. Admittedly, as the Federal Republic of Germany has stated, this power applies without distinction. In the same way as the cap on voting rights, it may operate both to the benefit and to the detriment of any shareholder in the company. | 0 |
11,337 | 12 It follows that the offence with which Mr Maurin is charged involves national legislation falling outside the scope of Community law and that the Court therefore does not have jurisdiction to determine whether the procedural rules applicable to such an offence amount to a breach of the principles concerning observance of the rights of the defence and of the adversarial nature of proceedings (see, in particular, the judgment in Case 12/86 Demirel v Stadt Schwaebisch Gmuend [1987] ECR 3719, paragraph 28). | 33. In fact, the object of that service is to benefit Denplan’s clients, namely dentists, by payment of the sums of money due to them from their patients. That service is therefore intended to obtain the payment of debts. By undertaking the recovery of debts for the account of those entitled to them, Denplan frees its clients of tasks which, without its intervention, those clients, as creditors, would have to perform themselves, tasks consisting in requesting the transfer of the sums due to them, via the direct debit system. | 0 |
11,338 | 19
In so far as the Commission contests the admissibility of the present appeal on the ground that the Portuguese Republic is merely seeking re-examination of arguments previously put forward before the General Court, it should be recalled that it follows, inter alia, from Article 168(1)(d) and Article 169(2) of the Rules of Procedure of the Court of Justice that an appeal must indicate precisely the contested elements of the decision which the appellant seeks to have set aside and the legal arguments specifically advanced in support of the appeal. An appeal which merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the General Court, including those based on facts expressly rejected by the General Court, does not satisfy the requirement to state reasons under those provisions (judgment of 19 January 2017, Commission v Total and Elf Aquitaine, C‑351/15 P, EU:C:2017:27, paragraph 30 and the case-law cited). | 33. Par ailleurs, la Cour a itérativement jugé qu’un État membre ne saurait justifier l’inexécution des obligations qui lui incombent en vertu du traité FUE par la circonstance que d’autres États membres auraient manqué et manqueraient également à leurs obligations (voir, notamment, arrêts du 9 juillet 1991, Commission/Royaume-Uni, C‑146/89, Rec. p. I‑3533, point 47, et du 15 juillet 2004, Commission/Allemagne, C‑139/03, point 8). | 0 |
11,339 | 29. According to settled case-law, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, in particular, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59, and Case C‑305/05 Ordres des barreaux francophones et germanophone and Others [2007] ECR I‑5305, paragraph 18). | 14. Therefore, the provisions concerning those exemptions should be interpreted independently on the basis of their wording and the purpose of Directive 92/81 (see Deutsche See-Bestattungs-Genossenschaft , paragraph 19, and Jan De Nul , paragraph 22). | 0 |
11,340 | 25. As the Commission states, it is not apparent from the case-file submitted to the Court that there is a direct link, as regards the Luxembourg tax system, between, on the one hand, the grant to an undertaking providing services such as those at issue in the main proceedings of a tax credit for investments used for those purposes and, on the other hand, the financing of that tax advantage by means of the tax levied on the income made by the recipients of the services provided by means of those assets (see, to that effect, Jobra , paragraph 34 and the case-law cited). | 81. The applicability of the private investor test ultimately depends, therefore, on the Member State concerned having conferred, in its capacity as shareholder and not in its capacity as public authority, an economic advantage on an undertaking belonging to it. | 0 |
11,341 | 47. In the field of social security, the Court has held that certain bodies entrusted with the management of statutory health insurance and old-age insurance schemes pursue an exclusively social objective and do not engage in economic activity. The Court has found that to be so in the case of sickness funds which merely apply the law and cannot influence the amount of the contributions, the use of assets and the fixing of the level of benefits. Their activity, based on the principle of national solidarity, is entirely non-profit-making and the benefits paid are statutory benefits bearing no relation to the amount of the contributions (Joined Cases C-159/91 and C-160/91 Poucet and Pistre [1993] ECR I-637, paragraphs 15 and 18). | 149. The establishment of an integrated and adequate network of disposal installations, taking account of the best available technology not involving excessive costs, the network having to enable waste to be disposed of in one of the nearest appropriate installations, in accordance with Article 5 of the Directive, is among the objectives pursued by the Directive (Joined Cases C-53/02 and C-217/02 Commune de Braine-le-Château and Others [2004] ECR I-0000, paragraph 33). | 0 |
11,342 | 44. It must be borne in mind that, in order to assess whether a regulatory act entails implementing measures, it should be assessed by reference to the position of the person pleading the right to bring proceedings under the final limb of the fourth paragraph of Article 263 TFEU. It is therefore irrelevant whether the act in question entails implementing measures with regard to other persons (judgments in Telefónica v Commission , C‑274/12 P, EU:C:2013:852, paragraph 30, and T & L Sugars and Sidul Açúcares v Commission , C‑456/13 P, EU:C:2015:284, paragraph 32). | 19. Territorially, the condition as to reputation must be considered to be fulfilled when the Community trade mark has a reputation in a substantial part of the territory of the Community and such a part may, in some circumstances, correspond to the territory of a single Member State (see, to that effect, PAGO International , C‑301/07, EU:C:2009:611, paragraphs 27 and 29). | 0 |
11,343 | 62. It follows that in a situation such as that referred to by the national court in its second question, where a body of materials consists of several separate modules, it is necessary, in order to assess whether an extraction and/or re-utilisation allegedly made from one of the modules covered a substantial part, evaluated quantitatively, of the contents of a database, to determine first whether that module itself constitutes a database within the meaning of Directive 96/9 (see, in that regard, Case C-444/02 Fixtures Marketing [2004] ECR I-10549, paragraphs 19 to 32) and, in addition, fulfils the criteria laid down in Article 7(1) of the Directive for protection by the sui generis right. | 10 ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , THE AIM OF THE PROVISIONS CONTAINED IN TITLE II OF REGULATION NO 3 AND REGULATION NO 1408/71 , WHICH DETERMINE THE LEGISLATION APPLICABLE TO WORKERS MOVING WITHIN THE COMMUNITY , IS TO ENSURE THAT THE PERSONS CONCERNED SHALL BE SUBJECT TO THE SOCIAL SECURITY SCHEME OF ONLY ONE MEMBER STATE , IN ORDER TO PREVENT MORE THAN ONE NATIONAL LEGISLATION FROM BEING APPLICABLE AND THE COMPLICATIONS WHICH MAY RESULT FROM THAT SITUATION .
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11,344 | 36. As to the substance, it does not follow from either Article 4 or Article 9 of Regulation No 1049/2001 that the fact that a document has not previously been classified pursuant to Article 9(1) prevents an institution from refusing access to that document on the basis of Article 4. Accordingly, the mere fact that a document is not marked with one of the designations referred to in Article 9 of Regulation No 1049/2001 cannot prevent the exceptions provided for in Article 4(1)(a) thereof from applying, unless the latter provision is to be deprived of all practical effect (see, to that effect, judgment in Jurašinović v Council , C‑576/12 P, EU:C:2013:777, paragraphs 41, 42 and 47). | 34. Moreover, if there is no possibility of comparing the situation of a public authority with that of a private undertaking, ‘normal market conditions’ must be assessed by reference to the objective and verifiable elements which are available (judgments in Chronopost and Others v Ufex and Others , C‑83/01 P, C‑93/01 P and C‑94/01 P, EU:C:2003:388, paragraph 38, and Commission v EDF , EU:C:2012:318, paragraphs 101 and 102). | 0 |
11,345 | 53. By contrast, although the aim of Directive 2004/38 is to facilitate and strengthen the exercise of the primary and individual right – conferred directly on all Union citizens by the Treaty – to move and reside freely within the territory of the Member States (see Case C‑127/08 Metock and Others [2008] ECR I‑6241, paragraphs 82 and 59; Case C‑162/09 Lassal [2010] ECR I‑9217, paragraph 30; and Case C‑434/09 McCarthy [2011] ECR I‑3375, paragraph 28), it is also intended, as is apparent from Article 1(a) thereof, to set out the conditions governing the exercise of that right (see, to that effect, McCarthy , paragraph 33, and Joined Cases C‑424/10 and C‑425/10 Ziolkowski and Szeja [2011] ECR I‑0000, paragraphs 36 and 40), which include, where residence is desired for a period of longer than three months, the condition laid down in Article 7(1)(b) of the directive that Union citizens who do not or no longer have worker status must have sufficient resources. | 27 Article 6 of the Regulation confirms that the certificate is to be granted to the holder of the basic patent or his successor in title. Article 1(c) mentions the basic patents which may be designated for the purpose of the procedure for the grant of a certificate, namely those which protect a product as such, a process to obtain a product or an application of a product. The Regulation thus seeks to confer supplementary protection on the holders of such patents, without instituting any preferential ranking amongst them. | 0 |
11,346 | 28 From the moment that the Turkish worker referred to in Article 6(1) enjoys in the host Member State, after four years of legal employment, free access to any paid employment of his choice in accordance with the third indent of that provision, not only does the direct effect attaching to Article 6(1) mean that he derives an individual employment right directly from Decision No 1/80 but also, in order for that right to be fully effective, there is necessarily a corresponding right of residence founded likewise on Community law (Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, paragraphs 29 and 31, Case C-237/91 Kus v Landeshauptstadt Wiesbaden [1992] ECR I-6781, paragraph 33, and Tetik, cited above, paragraphs 26, 30 and 31). | 32. The scope of Article 28 EC does not extend to the obstacles to trade covered by other specific provisions of the Treaty and obstacles of a fiscal nature or having an effect equivalent to customs duties, which are covered by Articles 23 EC, 25 EC and 90 EC, do not fall within the prohibition laid down in Article 28 EC (see Joined Cases C-78/90 to C-83/90 Compagnie Commerciale de l ' Ouest and Others [1992] ECR I-1847, paragraph 20, and Dounias , paragraph 39). | 0 |
11,347 | 77. It is true that the social purpose of that compulsory insurance scheme is not, in itself, sufficient to preclude ELGA's activity from being classified as an economic activity for the purposes of the Treaty provisions on competition (see, inter alia , Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I-6451, paragraph 118, and Case C-218/00 Cisal [2002] ECR I-691, paragraph 37). | 43. Consequently, the protection conferred by Article 2 of Directive 2001/29 must be given a broad interpretation. | 0 |
11,348 | 18 In the light of the reply to the first question, the second must be understood as asking whether the limitation of the effects in time of the Barber judgment applies to the right to join an occupational pension scheme such as that at issue in the main proceedings and to the right to payment of a retirement pension where the employee was excluded from membership of such a scheme in breach of Article 119 of the Treaty. | 47. However, in order to be justified, a restrictive measure must comply with the principle of proportionality, in that it must be appropriate for securing the attainment of the objective it pursues and must not go beyond what is necessary to attain it (Case C‑334/02 Commission v France , paragraph 28). | 0 |
11,349 | 25. Consequently, when it gives a decision on the ‘negative report’ produced by its commissioner, the Elegktiko Sinedrio is not acting as a third party in relation to the interests at stake and, accordingly, does not possess the necessary impartiality vis-à-vis the beneficiary of the expenditure at issue, namely Mr Antonopoulos in this case (see, by analogy, Case C-517/09 RTL Belgium [2010] ECR I-14093, paragraph 47). | 61. Although that function of a trade mark – called the ‘investment function’ – may overlap with the advertising function, it is none the less distinct from the latter. Indeed, when the trade mark is used to acquire or preserve a reputation, not only advertising is employed, but also various commercial techniques. | 0 |
11,350 | 43. A measure which creates an exception to the application of the general tax system may be justified by the nature and overall structure of the tax system if the Member State concerned can show that that measure results directly from the basic or guiding principles of its tax system. In that connection, a distinction must be made between, on the one hand, the objectives attributed to a particular tax regime, which are extrinsic to it, and, on the other hand, the mechanisms inherent in the tax system itself, which are necessary for the achievement of such objectives (judgment in Portugal v Commission , EU:C:2006:511, paragraph 81). | 81. A measure which creates an exception to the application of the general tax system may be justified by the nature and overall structure of the tax system if the Member State concerned can show that that measure results directly from the basic or guiding principles of its tax system. In that connection, a distinction must be made between, on the one hand, the objectives attributed to a particular tax scheme which are extrinsic to it and, on the other, the mechanisms inherent in the tax system itself which are necessary for the achievement of such objectives. | 1 |
11,351 | 29. It should be noted at the outset that, where a contract is to be awarded by the best-value-for-money procedure, in accordance with Article 97(2) of the Financial Regulation and Article 138(1) of the implementing rules, the contracting authority must define and specify in the tender specifications the award criteria enabling evaluation of the content of tenders. In addition, those criteria must, in accordance with Article 138(2) of the implementing rules, be justified by the subject of the contract. According to Article 138(3), the contracting authority must also specify, in the contract notice or in the tender specifications, the weighting it will apply to each of the criteria for determining the best value for money. Those provisions seek to ensure compliance with the principles of equal treatment and transparency at the stage of evaluation of tenders with a view to award of the contract (see, by analogy, Case 31/87 Beentjes [1988] ECR 4635, paragraphs 21 and 22, and Case C‑470/99 Universale-Bau and Others [2002] ECR I‑11617, paragraphs 90 to 92). | 55. Lastly, Directive 2005/14, through Articles 2 and 4, which amended respectively the Second and Third Directives, inter alia, adjusted the minimum amounts of compensation to be guaranteed and provided for their regular review, extended the scope of the payment of compensation by the body established by the Second Directive and extended the insurance cover referred to in Article 3(1) of the First Directive to personal injuries and damage to property suffered by pedestrians, cyclists and other non-motorised users of the roads. It also inserted a new restriction on the possibility of applying certain exclusion clauses to the insurance cover and prohibited excesses from being relied on against the injured party to an accident as far as the insurance referred to in Article 3(1) of the First Directive is concerned. | 0 |
11,352 | 41. Moreover, the question of whether such an order should be made and the fixing, if necessary, of the amount of the lump sum must, in each individual case, depend on all the relevant factors pertaining to both the particular nature of the infringement established and the individual conduct of the Member State involved in the procedure instigated pursuant to Article 260 TFEU (see, inter alia, Commission v France , paragraph 62; Commission v Greece , paragraph 30; and Commission v Ireland , paragraph 67). | 26. Thus Directive 92/49 is designed to secure freedom to market insurance products in the sector concerned within the Community (Commission v France , cited above, paragraph 29). | 0 |
11,353 | 46
The case may be different if non-compliance with such formal requirements effectively prevents the production of conclusive evidence that the substantive requirements have been satisfied (judgments of 12 July 2012 in EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 71 and 11 December 2014 in Idexx Laboratories Italia, C‑590/13, EU:C:2014:2429, paragraph 39 and the case-law cited). | 35 The answer to the first part of the question must therefore be that on a proper construction of Article 15 of Regulation No 3821/85, a driver's obligation to record all other periods of work extends to time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph, and which is not at the driver's home or the employer's operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver.
The second part of the question | 0 |
11,354 | 29 It has indeed been clear since the judgment in the Bilka case that a breach of the rule of equal treatment committed through not recognizing such a right is caught by Article 119. | 30. Pour autant que la République française fait état des travaux législatifs ayant pour objet de rendre la législation française conforme à l’article 63 TFUE et à l’article 40 de l’accord EEE, il suffit de rappeler qu’il est de jurisprudence constante que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts Commission/Grèce, C‑351/13, EU:C:2014:2150, point 20, et Commission/Belgique, C‑317/14, EU:C:2015:63, point 34). | 0 |
11,355 | 60. The Court has also held that, in the matter of games of chance, it is in principle necessary to examine separately for each of the restrictions imposed by the national legislation whether, in particular, it is suitable for achieving the objective or objectives invoked by the Member State concerned and whether it does not go beyond what is necessary in order to achieve those objectives ( Placanica and Others , paragraph 49). | 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 |
11,356 | 45. In addition to the criterion of whether a substance constitutes a production residue, a second relevant criterion for determining whether or not the substance is waste within the meaning of Directive 75/442 is thus the degree of likelihood that the substance will be reused without prior processing. If, in addition to the mere possibility of reusing the substance, there is also an economic advantage to the holder in so doing, the likelihood of such reuse is high. In that case, the substance in question can no longer be considered a substance which its holder seeks to ‘discard’ and must be regarded as a genuine product (see Palin Granit , paragraph 37). | 14 However, it should be noted that, as follows from the judgments in Case 227/81 Aubin v UNEDIC and ASSEDIC ([1982] ECR 1991, paragraph 11) and Case 150/82 Coppola v Insurance Officer ([1983] ECR 43, paragraph 11), the rule that a person is subject only to the legislation of the Member State of employment laid down by Article 13 of Regulation No 1408/71 does not preclude certain benefits being governed by the more specific rules of that regulation. | 0 |
11,357 | 40 In this connection, it must be borne in mind that the public law status of a national body such as the CNSD does not preclude the application of Article 85 of the Treaty. According to its wording, that provision applies to agreements between undertakings and decisions by associations of undertakings. Accordingly, the legal framework within which such agreements are made and such decisions are taken and the classification given to that framework by the various national legal systems are irrelevant as far as the applicability of the Community rules on competition, and in particular Article 85 of the Treaty, are concerned (Case 123/83 BNIC v Clair [1985] ECR 391, paragraph 17). | 61. As was made clear in paragraph 48 of this judgment, it is also necessary for such measures to be compatible with the principle of proportionality. | 0 |
11,358 | 21. In that regard, it is settled case-law that the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and national courts (see, inter alia, Case C-343/90 Lourenço Dias [1992] ECR I-4673, paragraph 14, and Case C-314/01 Siemens and ARGE Telekom [2004] ECR I‑0000, paragraph 33, and the case-law cited there). | 22 THE SYSTEM ADOPTED FOR THE RELATIONS BETWEEN THE BANK AND ITS EMPLOYEES IS THUS CONTRACTUAL AND IS ACCORDINGLY FOUNDED ON THE PRINCIPLE THAT INDIVIDUAL CONTRACTS CONCLUDED BETWEEN THE BANK AND EACH OF ITS EMPLOYEES CONSTITUTE THE OUTCOME OF AN AGREEMENT RESTING ON MUTUAL CONSENT .
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11,359 | 34. The third paragraph of Article 249 EC expressly provides that Member States may choose the form and methods for implementing directives which best ensures the result to be achieved by the directives. It follows from that provision that the implementation in domestic law of a directive does not necessarily require legislative action in each Member State. Thus, the Court has repeatedly held that it is not always necessary formally to enact the requirements of a directive in a specific express legal provision, since the general legal context may be sufficient for implementation of a directive, depending on its content. In particular, the existence of general principles of constitutional or administrative law may render superfluous transposition by specific legislative or regulatory measures provided, however, that those principles actually ensure the full application of the directive by the national authorities and that, where the relevant provision of the directive seeks to create rights for individuals, the legal situation arising from those principles is sufficiently precise and clear and that the persons concerned are put in a position to know the full extent of their rights and, where appropriate, to be able to rely on them before the national courts (see, inter alia, Case 29/84 Commission v Germany [1985] ECR 1661, paragraphs 22 and 23; Case C‑217/97 Commission v Germany [1999] ECR I‑5087, paragraphs 31 and 32; and Case C‑233/00 Commission v France , paragraph 76). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
11,360 | 37. It is to be noted at the outset that, according to settled case-law, the principle of effective judicial protection is a general principle of Community law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Case 222/84 Johnston [1986] ECR 1651, paragraphs 18 and 19; Case 222/86 Heylens and Others [1987] ECR 4097, paragraph 14; Case C-424/99 Commission v Austria [2001] ECR I-9285, paragraph 45; Case C-50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I-6677, paragraph 39; and Case C-467/01 Eribrand [2003] ECR I-6471, paragraph 61) and which has also been reaffirmed by Article 47 of the Charter of fundamental rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1). | 32 That objective would be undermined if only waste water which discharges directly into a sensitive area had to be subjected to more stringent treatment than that mentioned in Article 4 of the directive. | 0 |
11,361 | 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). | 63. In paragraphs 26 and 27 of its judgment in Simitzi , cited above, the Court held, moreover, that the same reasoning had to apply in the case of a charge levied on goods despatched from one region to other regions of the same State, before concluding that ad valorem charges levied by a Member State on goods despatched from one region solely to other regions of the same State constituted charges having an effect equivalent to customs duties on exports. | 0 |
11,362 | 29. In order to fulfil its function, the graphic representation within the meaning of Article 2 of the Directive must be clear, precise, self-contained, easily accessible, intelligible, durable and objective (Sieckmann , paragraphs 47 to 55). | 48. In those circumstances, it is clear that the concept of public policy within the meaning of Article 2 of Directive 64/221 does not correspond to that in Article 96 of the CISA. According to the latter, an alert in the SIS for the purposes of refusing entry may be based on a threat to public policy where the person concerned has been convicted of an offence carrying a penalty involving deprivation of liberty of at least one year (Article 96(2)(a)), or if he has been subject to a measure based on a failure to comply with national regulations on the entry or residence of aliens (Article 96(3)). Unlike the rules laid down by Directive 64/221, as interpreted by the Court, such circumstances justify in themselves an alert irrespective of any specific assessment of the threat represented by the person concerned. | 0 |
11,363 | 24. As the Court has repeatedly held, Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy within the scope ratione materiae of the TFEU the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for (Case C‑184/99 Grzelczyk [2001] ECR I‑6193, paragraph 31; Case C‑224/98 D’Hoop [2002] ECR I‑6191, paragraph 28; and Case C‑46/12 N. [2013] ECR I‑0000, paragraph 27). | 14WHILST THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS AND ON MARKETING STANDARDS FOR EGGS CONTAIN DETAILED RULES RELATING TO GRADING BY QUALITY AND WEIGHT , PACKING , WAREHOUSING , TRANSPORT , PRESENTATION AND MARKING OF EGGS THEY CONTAIN NO PROVISION RELATING TO THE SELLING PRICE OF LABELS OR THE METHOD OF FINANCING THE ADMINISTRATE COSTS INHERENT IN THE SUPERVISION .
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11,364 | 41. In accordance with the case-law of the Court, if the discretion conferred on Member States by Article 4(2) of Directive 85/337, read in conjunction with Article 2(1) thereof has been exceeded, it is for the authorities of the Member State to take, according to their relevant powers, all the general or particular measures necessary to ensure that projects are examined in order to determine whether they are likely to have significant effects on the environment and, if so, to ensure that they are subject to an impact assessment (see, to that effect, Kraaijeveld and Others , paragraph 61, and WWF and Others , paragraphs 70 and 71). | 38. Il ne saurait être nié que l’objectif de garantir la sécurité de l’approvisionnement en énergie en cas de crise, sur le territoire de l’État membre en cause, peut constituer une raison de sécurité publique (voir arrêts du 4 juin 2002, Commission/France, C‑483/99, Rec. p. I‑4781, point 47, et Commission/Belgique, précité, point 46) et justifier, éventuellement, une entrave à la libre circulation des capitaux. | 0 |
11,365 | 65 Under Article 225 EC and the first paragraph of Article 51 of the EC Statute of the Court of Justice the latter thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24). That appraisal does not therefore constitute, save where the clear sense of the evidence has been distorted, a point of law which is subject as such to review by the Court of Justice. | 79. It follows from the foregoing that Article 13 of Decision No 1/80 cannot have as its purpose the protection of the rights of Turkish nationals as regards employment since those rights are already fully covered by Article 6 of that decision. | 0 |
11,366 | 29
As a preliminary point, it should be recalled that, when the Court is requested to give a preliminary ruling on a matter of tariff classification, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard. In any event the national court is in a better position to do so (judgment in Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, paragraph 27). | 23 Accordingly, the reply to the first part of the first question is that pensions provided under a scheme such as the French retirement scheme for civil servants fall within the scope of Article 119 of the Treaty.
The second part | 0 |
11,367 | 74. The Court has also accepted that in drawing up those scales, the authorities of a Member State may refer to a guide indicating the average prices of second-hand vehicles in the national market or to a list of average current prices used as a reference in the sector ( Gomes Valente , paragraph 25). | 56. That analysis and that of the terms ‘supply of goods’ and ‘supply of services’ show that those terms, which define taxable transactions under the Sixth Directive, are all objective in nature and apply without regard to the purpose or results of the transactions concerned (see, to that effect, Joined Cases C-354/03, C-355/03 and C-484/03 Optigen and Others [2006] ECR I-0000, paragraph 44). | 0 |
11,368 | 71. As the Court has already held, where the proprietor of a trade mark affixes that mark to items that it gives away, free of charge, in order to promote the sale of its goods, those items are not distributed in any way with the aim of them penetrating the market (see Case C‑495/07 Silberquelle [2009] ECR I-137, paragraphs 20 to 22). Where such items are supplied free of charge, they thus cannot, as a rule, be regarded as being put on the market by the trade mark proprietor. | 18. That is exactly the situation in the main proceedings, whose distinguishing feature is that Mr Wallentin did not have, at the material time, any taxable income in his State of residence, since the monthly subsistence allowance from his parents and the grant paid to him by the German State did not constitute taxable income under German tax legislation. | 0 |
11,369 | 32. Thus, the fact that a Member State does not grant to a non-resident certain tax benefits which it grants to a resident is not, as a rule, discriminatory, having regard to the objective differences between the situations of residents and of non-residents, from the point of view both of the source of their income and of their personal ability to pay tax or their personal and family circumstances (judgment in Wallentin , C‑169/03, EU:C:2004:403, paragraph 16 and the case-law cited). | 53. Where it finally becomes apparent that the import duties paid by the declarant exceed those that were legally owed at the time of their payment, the measure necessary to regularise the situation can consist only in reimbursement of the overpaid amount. | 0 |
11,370 | 33. The concept of an undertaking covers any entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed. That concept must be understood as designating an economic entity, even if, from a legal perspective, that unit is made up of a number of natural or legal persons. When such an economic entity infringes the competition rules, it is for that entity, according to the principle of personal responsibility, to answer for that infringement (see judgment in Commission and Others v Siemens Österreich and Others , C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraphs 43 and 44 and the case-law cited). | 53 Furthermore, the 33rd recital in the preamble shows that the Directive aims to ensure a minimum level of transparency in the award of the contracts to which it applies. | 0 |
11,371 | 54. However, the detailed national procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law must not be less favourable than those governing similar domestic actions (principle of equivalence) or render virtually impossible or excessively difficult the exercise of the rights conferred by Community law (principle of effectiveness) (see, to that effect, inter alia, Peterbroeck , paragraph 12 and the case‑law cited, and Grundig Italiana , paragraph 33 and the case‑law cited). | 53. Le fait que ladite autorisation préalable puisse être subordonnée à certaines conditions dont le respect peut être contrôlé postérieurement n’est pas de nature à remettre en cause cette constatation. En effet, ces conditions ne peuvent être formulées qu’au moment de la délivrance de ladite autorisation, c’est-à-dire à un moment où ladite menace pourrait ne pas encore avoir surgi. Or, il n’est pas certain que, à ce moment précis, toutes les éventuelles hypothèses de menaces réelles et suffisamment graves pour la sécurité de l’approvisionnement en énergie puissent être prises en compte dans le cadre desdites conditions. | 0 |
11,372 | 20. However, even in a purely internal situation such as those at issue in the main proceedings, the Court’s answer may nevertheless be useful to the referring court, in particular if its national law required it to grant the same rights to a Finnish national as those which a national of another Member State in the same situation would derive from European Union law (see, Joined Cases C-570/07 and C-571/07 Blanco Pérez and Chao Gómez [2010] ECR I-4629, paragraph 39; Case C-393/08 Sbarigia [2010] ECR I-6333, paragraph 23; and Case C-245/09 Omalet [2010] ECR I-13771, paragraph 15). | 33. Un tel risque doit être compris comme étant le risque d’exposition aux aléas du marché, lequel peut notamment se traduire par le risque de concurrence de la part d’autres opérateurs, le risque d’une inadéquation entre l’offre et la demande de services, le risque d’insolvabilité des débiteurs du prix des services fournis, le risque d’absence de couverture des dépenses d’exploitation par les recettes ou encore le risque de responsabilité d’un préjudice lié à un manquement dans le service (arrêt Norma-A et Dekom, C-348/10, EU:C:2011:721, point 48). | 0 |
11,373 | 38. It follows from the case‑law that, although such an intention will normally follow from an express statement of consent, it is conceivable that consent may, in some cases, be inferred from facts and circumstances prior to, simultaneous with or subsequent to the placing of the goods on the market outside or inside the EEA which, in the view of the national court, unequivocally demonstrate that the proprietor has renounced his rights (Joined Cases C‑414/99 to C‑416/99 Zino Davidoff and Levi Strauss [2001] ECR I-8691, paragraph 46). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
11,374 | 26. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the internal market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for the national courts to ensure that the rights of individuals are safeguarded in the event of a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU on putting a plan to grant aid into effect before the Commission has given a decision on the compatibility of that plan (see, to that effect, judgment in Deutsche Lufthansa , C‑284/12, EU:C:2013:755, paragraphs 27 and 28 and the case-law cited). | 30 IN PURSUING THOSE OBJECTIVES , THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THESE OBJECTIVES TAKEN INDIVIDUALLY AND , WHERE NECESSARY , ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .
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11,375 | 25. Thirdly, it must be emphasised that Article 9 of Directive 2004/83 sets out the factors which support a finding that acts constitute persecution within the meaning of Article 1(A) of the Geneva Convention. In that regard, Article 9(1)(a) of that directive states that the relevant acts must be sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the unconditional rights from which there can be no derogation, in accordance with Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Moreover, Article 9(1)(b) of Directive 2004/83 states that an accumulation of various measures, including violations of human rights, which is sufficiently severe to affect an individual in a manner similar to that referred to in Article 9(1)(a) of that directive, must also be regarded as amounting to persecution. It is clear from those provisions that, for an infringement of fundamental rights to constitute persecution within the meaning of Article 1(A) of the Geneva Convention, it must be sufficiently serious (judgment in X and Others , EU:C:2013:720, paragraphs 51 to 53). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
11,376 | 89. It should be noted that, according to settled case-law, even though, strictly speaking, the national court has directed its reference to the interpretation of Article 12(5)(a)(ii), first indent, of the Customs Code concerning the behaviour of customs authorities in the event that there is a change to the Explanatory Notes to the CN, the Court is not thereby precluded from providing the national court with all those elements for the interpretation of Community law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its questions (see, inter alia, Case C-321/03 Dyson [2007] ECR I-687, paragraph 24; Case C-392/05 Alevizos [2007] ECR I-3505, paragraph 64 and case-law cited; and Case C-229/08 Wolf [2010] ECR I-0000, paragraph 32). It is for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision referring the questions, the points of European Union law which require interpretation, having regard to the subject-matter of the dispute (see Wolf , paragraph 32). | 33 It follows that Directives 89/369 and 89/429 impose on the Member States obligations, formulated in clear and unequivocal terms, to achieve a certain result, in order that their incineration plants meet detailed and precise requirements within the stated time-limits. | 0 |
11,377 | 65. A commitment of that type arises from Article 11 of the 1957 Agreement, as amended by the Exchange of Notes of 29 January and 13 March 1992 and by Article 6 of the 1978 Protocol. The Kingdom of the Netherlands has maintained that commitment despite the renegotiation of the 1957 Agreement which led to the Exchange of Notes of October 1992. By proceeding in that way, the Kingdom of the Netherlands has thus infringed the exclusive external competence of the Community which results from Article 1(3) of Regulation No 2409/92 (see, to that effect, Commission v Denmark , paragraphs 97 to 100; Commission v Sweden , paragraphs 93 to 96; Commission v Finland , paragraphs 98 to 101; Commission v Belgium , paragraphs 110 to 113; Commission v Luxembourg , paragraphs 103 to 106; Commission v Austria , paragraphs 112 to 115, and Commission v Germany , paragraphs 123 to 126). | 24. Dans ces conditions, il y a lieu de vérifier si, comme le soutient SGL, le Tribunal était tenu de considérer le grief en cause comme un simple développement de l’argumentation présentée dans la requête introductive d’instance. | 0 |
11,378 | 44. Second, it is necessary to note that EU law must be interpreted in the light of the relevant rules of international law, since international law is part of the European Union legal order and is binding on the institutions (see, to that effect, Racke , paragraphs 45 and 46, and Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351, paragraph 291). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
11,379 | 30 In that respect, whereas Article 2(1)(b) of Directive 89/665 delimits the scope of the directive, it does not define the unlawful decisions of which annulment may be sought, confining itself to listing measures which Member States are required to take for the purposes of the review proceedings referred to in Article 1 (see, to that effect, Case C-81/98 Alcatel Austria and Others v Bundesministerium für Wissenschaft und Verkehr [1999] ECR I-7671, paragraphs 30 and 31). | 83. It is, in addition, for the referring court to assess, in the light of all the elements of the case, whether there is a connection between the different claims brought before it, that is to say a risk of irreconcilable judgments if those claims were determined separately. For that purpose, the fact that defendants against whom a copyright holder alleges substantially identical infringements of his copyright did or did not act independently may be relevant. | 0 |
11,380 | 24. Thus, in the context of this action, it is incumbent upon the Commission to prove that the practice followed in Finland adversely affects the system, laid down by Article 12(1) of the Habitats Directive, providing strict protection for the wolf as a species listed in Annex IV(a), on the ground that derogations from that system are not granted in compliance with the conditions laid down in Article 16(1) of the directive (see, to that effect, Commission v United Kingdom , paragraph 22). | 10. Leo-Libera operates a gaming hall equipped with gaming machines. In its VAT return for January 2007, it declared the operations in connection therewith. Following determination of its provisional payment on account by the Finanzamt, it lodged a complaint against that determination, claiming that those transactions were exempt from VAT. It expressed the view that the amendment made to Paragraph 4(9)(b) of the Umsatzsteuergesetz 2005 by the StEindämmG was contrary to Community law. | 0 |
11,381 | 28. However, according to settled case-law of the Court, Member States have a legitimate interest in taking appropriate steps to protect their financial interests, and the prevention of tax evasion, avoidance and abuse is an objective recognised and encouraged by Directive 2006/112 (see, in particular, Case C-255/02 Halifax and Others [2006] ECR I-1609, paragraph 71; Case C-285/09 R. [2010] ECR I‑12605, paragraph 36; and Case C-525/11 Mednis [2012] ECR I-0000, paragraph 31). | 86. In the main actions, the disputes do not concern the actual cover provided by the Netherlands sickness insurance scheme for the medical and hospital treatment with which Ms Müller-Fauré and Ms Van Riet were provided. In those actions, what is disputed is whether it was a medical necessity for them to have the treatment at issue in Germany and Belgium respectively, rather than in the Netherlands. In that regard, in paragraphs 99 to 107 of Smits and Peerbooms , the Court also ruled on that condition concerning the necessity of the proposed treatment, to which the grant of authorisation is subject. | 0 |
11,382 | 33. It should, however, be ascertained whether this finding is put into question by the fact that the provision treats those who will actually receive a State retirement pension from their employer in the same way as those who are eligible for such a pension (see, by analogy, judgment in Ingeniørforeningen i Danmark , EU:C:2010:600, paragraph 41). | 28. Il ressort par ailleurs des points 15, 19, 23, 28, 32 et 35 de la décision litigieuse que les différents montants de chiffres d’affaires et pourcentages de parts de marché, incluant la consommation captive, avaient été fournis à la Commission par les entreprises concernées. | 0 |
11,383 | 20 Finally, with respect to the alleged inadequacy of the statement of the reasons on which the contested regulation was based, the Court has consistently held ( see the judgment of 15 September 1982 in Case 106/81 Kind v European Economic Community (( 1982 )) ECR 2885, paragraph 14 ) that any inadequacy in the statement of the reasons on which a measure contained in a regulation is based is not sufficient to make the Community liable . | 33
To ensure that all VAT revenue is collected, and thereby that the financial interests of the EU are protected, the Member States are free to choose the applicable penalties, which may take the form of administrative penalties, criminal penalties or a combination of the two (see, to that effect, judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 34, and the Taricco judgment, paragraph 39). | 0 |
11,384 | 22. In that regard, it must be recalled that it is for the national court before which the dispute has been brought, which alone has direct knowledge of the facts giving rise to the dispute and 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 European Union law, the Court of Justice is bound, in principle, to give a ruling (see, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59). | 11IT FOLLOWS THAT THE FAMILY BENEFITS OR ALLOWANCES WERE NOT ' ' PAYABLE ' ' UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY WERE RESIDING .
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11,385 | 40. Next, in so far as concerns the rule that only one optician’s shop may be established per 8 000 residents, the Court has already held that national authorities may adopt measures to avoid the risk of healthcare providers converging on localities in the territory concerned which are considered to be attractive. Thus, national authorities may opt, in the light of that risk, for legislation which provides that only one service provider may be established for a given population density, since such a rule seeks to encourage such service providers to establish premises in parts of the national territory where access to healthcare is lacking (see, to that effect, Blanco Pérez and Chao Gómez , paragraphs 72 to 77). | 51. It is, however, important that such standards be in accordance both with the provisions and objectives of Regulation No 1/2005 and with the general principles of European Union law, in particular the principle of proportionality. | 0 |
11,386 | 154. With regard, finally, to the validity of the Directive in the light of Article 20 of the TRIPs Agreement, the Court has consistently held that the lawfulness of a Community measure cannot be assessed in the light of instruments of international law which, like the WTO Agreement and the TRIPs Agreement which is part of it, are not in principle, having regard to their nature and structure, among the rules in the light of which the Court is to review the lawfulness of measures adopted by the Community institutions (Case C-149/96 Portugal v Council [1999] ECR I-8395, paragraph 47; Case C-377/98 Netherlands v Parliament and Council , cited above, paragraph 52; Case C-301/97 Netherlands v Council [2001] ECR I-8853, paragraph 53, and Joined Cases C-27/00 and C-122/00 Omega Air and Others [2002] ECR I-2569, paragraph 93). | 18 The first five criteria are not in doubt. It is apparent from the provisions of Paragraph 6 of the TVergG on its composition and functioning that the Tiroler Landesvergabeamt complies with them. | 0 |
11,387 | 32 However, since Article 2(4) constitutes a derogation from an individual right laid down by the Directive, such a national measure specifically favouring female candidates cannot guarantee absolute and unconditional priority for women in the event of a promotion without going beyond the limits of the exception laid down in that provision (Kalanke, paragraphs 21 and 22). | 60. Accordingly, the reply to the third question referred must be that, in assessing the potential distinctiveness of a given colour as a trade mark, regard must be had to the general interest in not unduly restricting the availability of colours for the other traders who offer for sale goods or services of the same type as those in respect of which registration is sought.
The first question and Question 2(a) | 0 |
11,388 | 32. As regards the ninth recital in the preamble to Regulation No 1706/89, it is sufficient to recall that the preamble to a Community act has no binding legal force and cannot be relied on either as a ground for derogating from the actual provisions of the act in question or for interpreting those provisions in a manner clearly contrary to their wording (Case C-162/97 Nilsson and Others [1998] ECR I-7477, paragraph 54, and Case C-308/97 Manfredi [1998] ECR I-7685, paragraph 30). | 26. In that regard, it should be observed that the Court has consistently held that, since the concept of force majeure does not have the same scope in the various spheres of application of European Union law, its meaning must be determined by reference to the legal context in which it is to operate (see Case C-314/06 Société Pipeline Méditerranée et Rhône [2007] ECR I-12273, paragraph 25 and the case-law cited). | 0 |
11,389 | 25
As regards, on the other hand, subsequent fund-freezing decisions, it is apparent from the case-law of the Court that the essential question when reviewing whether to continue to include a person or entity on the list at issue is whether, since the inclusion of that person or that entity on that list or since the last review, the factual situation has changed in such a way that it is no longer possible to draw the same conclusion in relation to the involvement of that person or entity in terrorist activities (judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraph 82). | 43. The Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of the Rules of Procedure if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I-0000, paragraph 31, and case-law cited). | 0 |
11,390 | 74. Finally, with regard to a situation such as that in the main proceedings, in which a decision has been taken by the competent authorities of the host Member State to expel a Turkish national after his conviction there for several offences under national legislation, it must be pointed out that it is Article 14(1) of Decision 1/80 which establishes the relevant legal framework authorising the Member States to take the necessary measures. Those authorities are, however, obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security, and in addition they must observe the principle of proportionality (see, to that effect, Nazli , paragraphs 57 to 61, and, by analogy, Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraphs 39, 43 and 44). In particular, a measure ordering expulsion based on Article 14(1) of that decision may be taken only if the personal conduct of the person concerned indicates a specific risk of new and serious prejudice to the requirements of public policy. Consequently, such a measure cannot be ordered automatically following a criminal conviction and with the aim of general deterrence (see Case C-383/03 Dogan [2005] ECR I-6237, paragraph 24). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
11,391 | 39. Furthermore, in accordance with the first paragraph of Article 50 EC, the provisions of the Treaty concerning freedom to supply services apply only if those relating to the right of establishment do not apply. Therefore Article 49 EC is also not relevant in the present proceedings. The construction of roadside service stations by the legal persons referred to in Article 48 EC necessarily implies that they have access to the territory of the host Member State with a view to a stable and continuous participation in the economic life of that State, in particular by the setting up of agencies, branches or subsidiaries (see, by way of analogy, Gebhard , paragraphs 22 to 26, and Case C‑171/02 Commission v Portugal [2004] ECR I‑5645, paragraphs 24 and 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,392 | 48. Nevertheless, according to case-law that is also well-established, it is incompatible with the rules governing the right of deduction under Directive 2006/112 to impose a penalty, in the form of refusal of that right, on a taxable person who did not know, and could not have known, that the transaction concerned was connected with fraud committed by the supplier, or that another transaction forming part of the chain of supply prior or subsequent to the transaction carried out by the taxable person was vitiated by VAT fraud (see, inter alia, Joined Cases C-354/03, C-355/03 and C-484/03 Optigen and Others [2006] ECR I-483, paragraphs 52 and 55; Kittel and Recolta Recycling , paragraphs 45, 46 and 60; Mahagében and Dávid , paragraph 47; and Bonik , paragraph 41). | 36. En effet, la Cour a jugé que, s’il est constant que l’article 71 dudit règlement prévoit, dans les matières réglées par des conventions spéciales, telles que la CMR, l’application de ces dernières, il n’en demeure pas moins que cette application ne saurait porter atteinte aux principes qui sous-tendent la coopération judiciaire en matière civile et commerciale au sein de l’Union européenne, tels que les principes, évoqués aux considérants 6, 11, 12 et 15 à 17 du même règlement, de libre circulation des décisions en matière civile et commerciale, de prévisibilité des juridictions compétentes et, partant, de sécurité juridique pour les justiciables, de bonne administration de la justice, de réduction au maximum du risque de procédures concurrentes, ainsi que de confiance réciproque dans la justice au sein de l’Union (voir arrêt TNT Express Nederland, précité, point 49). | 0 |
11,393 | 78 With regard to the Commission's failure to observe the 20% `threshold' below which it is its policy not to require withdrawal in calculating the corrections on which it has decided, it should be observed that the Italian Government raised that argument for the first time at the hearing. Since the facts underlying it were already known at the stage of the written procedure, it must be rejected as out of time and therefore inadmissible (see Case C-55/91 Italy v Commission, cited above, paragraph 40; Case C-323/96 Commission v Belgium [1998] ECR I-5063, paragraph 38; and Case C-54/95 Germany v Commission [1999] ECR I-35, paragraph 28). | 121. They may be covered by the management procedure where they are closely linked to measures of individual application and part of a framework sufficiently developed by the basic instrument itself (see Commission v Parliament and Council , paragraph 41). | 0 |
11,394 | 80 However, that cannot lead to other operators being retrospectively exonerated from the royalties in question. Persons liable to pay an obligatory contribution cannot rely on the argument that the exemption enjoyed by other persons constitutes State aid in order to avoid payment of that contribution (see, to that effect, the judgments in Case C-437/97 EKW and Wein & Co. [2000] ECR I-1157, paragraphs 51 to 53, and Case C-36/99 Idéal Tourisme v Belgian State [2000] ECR I-6049, paragraphs 26 to 29). Therefore, even in particular circumstances such as those referred to in paragraphs 77 to 79 of this judgment, in view of the classification of the measure in question as aid, claims such as those made by Banks in the main proceedings cannot be accepted. That is, however, without prejudice to any actions which British Coal's former competitors might bring, if the conditions were met, for compensation for any damage caused to them by the competitive advantage enjoyed by British Coal and the State companies which succeeded it.
Article 4(b) of the ECSC Treaty, in so far as it concerns discrimination between producers | 30. For Directive 77/187 to be applicable, however, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (see inter alia Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term " entity" thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (see inter alia Süzen , cited above, paragraph 13). | 0 |
11,395 | 30. National provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute restrictions on that freedom, even if they apply without regard to the nationality of the workers concerned (see Olympique Lyonnais , paragraph 34). | 31 That interpretation is confirmed by the scheme of the Regulation. The tariff quota established in Article 18(1) of the Regulation is drawn up on the basis of forecasts of production of Community bananas and imports of traditional ACP bananas and forecasts of total consumption of bananas in the Community. Consequently, an adjustment of that quota in the course of a marketing year is required only if production of Community bananas and imports of traditional ACP bananas do not reach the amounts forecast or if actual consumption of bananas in the Community exceeds those forecasts. | 0 |
11,396 | 59
It follows from the case-law of the Court of Justice, however, that the taking into account, by virtue of the principle of equal treatment, of differences between the undertakings that have participated in a single cartel (in particular with regard to the geographic scope of their respective involvement) for the purpose of assessing the gravity of an infringement need not necessarily occur when the multipliers for the ‘gravity of the infringement’ and for the ‘additional amount’ are set but may occur at another stage in the setting of the fine, such as when the basic amount of the fine is adjusted in the light of mitigating and aggravating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105). | 35. It must be stated that the method of remuneration for which the agreements at issue provide does not consist in the right to exploit for payment the services in question, nor does it involve the assumption by the operator of the risk connected with operating them. | 0 |
11,397 | 20 Second, it should be borne in mind that the Court has consistently held that the rights which that provision confers on Turkish workers in regard to employment necessarily imply the existence of a corresponding right of residence for the person concerned, since otherwise the right of access to the labour market and the right to work as an employed person would be deprived of all effect (see, most recently, Günaydin, paragraph 26, and Ertanir, paragraph 26). | 48. Without it being necessary to determine in addition whether, as stated by the Commission in point 33 of the grounds of the contested decision, the tax reduction is more advantageous to large undertakings, it is therefore clear that that measure is selective in relation to other economic sectors and within the banking sector itself. | 0 |
11,398 | 72. The precautionary principle applies where the institutions of the Union take measures to protect human health under the common agricultural policy (see, to that effect, Case C-157/96 National Farmers’ Union and Others [1998] ECR I‑2211, paragraph 64, and Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraph 100). | 12 IT IS , HOWEVER , NOT FOR THE COURT OF JUSTICE BUT FOR THE NATIONAL COURT TO ASCERTAIN THE FACTS WHICH HAVE GIVEN RISE TO THE DISPUTE AND TO ESTABLISH THE CONSEQUENCES WHICH THEY HAVE FOR THE JUDGMENT WHICH IT IS REQUIRED TO DELIVER .
| 0 |
11,399 | 65. First of all, it should be pointed out that, as is clear from Article 32d(1) CS and Article 51 of the ECSC Statute of the Court of Justice, an appeal lies on a point of law only. Therefore, the Court of First Instance has sole jurisdiction to find and appraise the relevant facts and to assess the evidence, except where those facts and that evidence have been distorted (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 49 and 66; Limburgse Vinyl Maatschappij and Others , paragraph 194; and Case C-312/00 P Commission v Camar and Tico [2002] ECR I-11355, paragraph 69). | 32 So, national courts ought, in general, to be able to assess, on the same conditions, any misleading effect of a description or statement designed to promote sales. | 0 |
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