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11,500 | 39. The courts of other Member States in principle retain jurisdiction, in the light of Article 5(3) of Regulation No 44/2001 and the principle of territoriality, to rule on the damage to copyright caused in their respective Member States, given that they are best placed, first, to ascertain whether the rights of copyright guaranteed by the Member State concerned have in fact been infringed and, secondly, to determine the nature of the damage caused (see Pinckney EU:C:2013:635, paragraph 46). | 40 That requirement means, in any event, that wine transported in bulk within the region retains entitlement to the denominación de origen calificada when it is bottled in authorised cellars. | 0 |
11,501 | 39. In addition, the Court has held that the provisions of that agreement are not directly applicable and are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law (see, to that effect, Case C‑149/96 Portugal v Council [1999] ECR I‑8395, paragraphs 42 to 48; Joined Cases C‑300/98 and C‑392/98 Dior and Others [2000] ECR I‑11307, paragraphs 44 and 45, and Case C‑245/02 Anheuser-Busch [2004] ECR I‑10989, paragraph 54). | 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 |
11,502 | 65. Moreover, the ‘Eyesight’ working group notes in its report a lack of scientific studies on several aspects of eyesight for drivers of power-driven vehicles. In that connection, according to the case-law of the Court, where there is uncertainty as to the existence or extent of risks to the health of individuals, the EU legislature may take protective measures without having to wait until the reality and the seriousness of those risks become fully apparent (see, to that effect, Case C‑180/96 United Kingdom v Commission EU:C:1998:192, paragraph 99; Case C‑192/01 Commission v Denmark EU:C:2003:492, paragraph 49; and Case C‑77/09 Gowan Comércio Internacional e Serviços EU:C:2010:803, paragraph 73). | 37 In that regard it must be borne in mind that the right freely to provide services may be relied on by an undertaking as against the State in which it is established if the services are provided for persons established in another Member State (Case C-18/93 Corsica Ferries [1994] ECR I-1783, paragraph 30; Case C-379/92 Peralta [1994] ECR I-3453, paragraph 40; and Case C-384/93 Alpine Investments [1995] ECR I-1141, paragraph 30). | 0 |
11,503 | 57. Directive 98/37 does not impose any specific obligations on the Member States as regards the system of penalties. That does not mean, however, that national provisions which impose criminal penalties for infringements of legislation implementing that directive are incompatible with the latter (see, to that effect Joined cases C-58/95, C-75/95, C-112/95, C-119/95, C-123/95, C-135/95, C-140/95, C-141/95, C-154/95 and C-157/95 Gallotti and others [1996] ECR I-1435, paragraph 14 and case-law cited). | 42. Il y a lieu de relever, à cet égard, que les règles interdisant des restrictions à la liberté d’établissement énoncées à l’article 31 de l’accord EEE sont identiques à celles qu’impose l’article 49 TFUE. La Cour a ainsi précisé que, dans le domaine considéré, les règles édictées par l’accord EEE et celles qui le sont par le traité FUE doivent faire l’objet d’une interprétation uniforme (arrêt Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 24 et jurisprudence citée). | 0 |
11,504 | 29. In that regard, it is necessary to recall that, in the context of interpreting Article 6 of Directive 76/207, which was repealed and replaced by Directive 2006/54, the Court has stated that the Member States are obliged to take the necessary measures to enable all persons who consider themselves wronged by discrimination, contrary to that directive, to pursue their claims by judicial process. Such an obligation implies that the measures in question should be sufficiently effective to achieve the objective pursued by the directive and should be capable of being effectively relied upon by the persons concerned before national courts (see judgments in Marshall , C‑271/91, EU:C:1993:335, paragraph 22, and Paquay , C‑460/06, EU:C:2007:601, paragraph 43). | 80 THE FOUR COOPERATIVES WHICH WERE MEMBERS OF THE FORMER ASSOCIATION WERE DISSOLVED ON 31 DECEMBER 1970 AND ON 1 JANUARY 1971 THE APPLICANT ASSUMED ALL THEIR RIGHTS AND LIABILITIES . | 0 |
11,505 | 56 It must also be borne in mind that there is no general principle of Community law obliging the Community, in its external relations, to accord third countries equal treatment in all respects. Therefore, as the Court held in Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 25, if different treatment of third countries is compatible with Community law, then different treatment accorded to traders within the Community must also be regarded as compatible with Community law where that different treatment is merely an automatic consequence of the different treatment accorded to third countries with which such traders have entered into commercial relations. | 8 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE IN THE AFFIRMATIVE .
SECOND QUESTION | 0 |
11,506 | 19. In numerous cases, the Court has defined the concept of the letting of immovable property within the meaning of Article 13B(b) of the Sixth Directive as essentially the conferring by a landlord on a tenant, for an agreed period and in return for payment, of the right to occupy property as if that person were the owner and to exclude any other person from enjoyment of such a right (see, to that effect, Goed Wonen , paragraph 55; Case C-409/98 Mirror Group [2001] ECR I-7175, paragraph 31; Case C-108/99 Cantor Fitzgerald International [2001] ECR I-7257, paragraph 21; Case C-269/00 Seeling [2003] ECR I-4101, paragraph 49; and Sinclair Collis , paragraph 25). | 54
That said, national rules could legitimately provide for a residence condition to be imposed on beneficiaries of subsidiary protection status, without such a condition being imposed on refugees, third-country nationals legally resident in the territory of the Member State concerned on grounds that are not humanitarian or political or based on international law and nationals of that Member State, if those groups are not in an objectively comparable situation as regards the objective pursued by those rules. | 0 |
11,507 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 9 HOWEVER , AT NO POINT IN THE STATEMENT OF THE REASONS ON WHICH THE DECISION AT ISSUE IS BASED IS EXPRESS REFERENCE MADE TO THE INVESTIGATION IN QUESTION . NOR DOES IT APPEAR THAT THE COMMISSION RELIED BY IMPLICATION ON THIS PART OF THE FILE . IN SO FAR AS THE COMMISSION DOES REFER IN ITS DECISION TO THE DISCOUNT POLICY OF MICHELIN NV ' S COMPETITORS , IT DOES SO IN GENERAL STATEMENTS WHICH MICHELIN NV HAS NOT CHALLENGED AT ANY STAGE AND WHICH MOREOVER ARE IRRELEVANT FOR THE PURPOSES OF ASSESSING MICHELIN NV ' S CONDUCT . THE INVESTIGATION IN QUESTION WAS NOT TAKEN INTO CONSIDERATION IN THE PROCEDURE BEFORE THE COURT EITHER .
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11,508 | 33. Although in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected (see, to that effect, Case C-368/89 Crispoltoni [1991] ECR I-3695, paragraph 17; Gemeente Leusden and Holin Groep , cited above, paragraph 59; see also the judgment of the European Court of Human Rights in National & Provincial Building Society v. United Kingdom of 23 October 1997, Reports of Judgments and Decisions 1997-VII, § 80). | 51. Cet argument ne saurait prospérer. En effet, la simple acquisition d’une telle participation ou de tels actifs ne saurait, en principe, être considérée, en soi, comme une menace réelle et suffisamment grave pour la sécurité de l’approvisionnement en énergie. | 0 |
11,509 | 35. Article 11(1) of the TIR Convention provides that the competent authorities do not have the right to claim payment of the sums mentioned in Article 8, paragraphs 1 and 2, of the TIR Convention from the guaranteeing association unless, within a period of one year from the date of acceptance of the TIR carnet by those authorities, they have notified that association in writing of the non-discharge (see, in that regard, Case C-275/07 Commission v Italy [2009] ECR I-0000, paragraph 92). | 92. In the absence of notification of the irregularity to the holder of the TIR carnet and the guaranteeing association within a period of one year from the date of acceptance of the carnet, the competent authorities will not have the right to claim payment of the customs debt from the guaranteeing association. | 1 |
11,510 | 37 Thus, the Court has held that, in matters relating to agriculture, the Commission is authorized to adopt all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council (Case 121/83 Zuckerfabrik Franken v Hauptzollamt Würzburg [1984] ECR 2039, paragraph 13, and Netherlands v Commission, cited above, paragraph 31). | 99. However, the specific features of the ENSP entrance examination do not allow for account to be taken of specific qualifications in the field of hospital management since, in the logic of the French recruitment system at issue in the main proceedings, the candidate is clearly not yet supposed to have such qualifications. The examination is intended to select between candidates who, by definition, are not yet trained to carry out that managerial role. | 0 |
11,511 | 39. It must be remembered first of all that the Sixth Directive establishes a common system of VAT based, inter alia, on a uniform definition of taxable transactions ( Halifax and Others , paragraph 48). | 48. It must be remembered first of all that the Sixth Directive establishes a common system of VAT based, inter alia, on a uniform definition of taxable transactions (see, in particular, Case C-305/01 MGK-Kraftfahrzeuge-Factoring [2003] ECR I-6729, paragraph 38). | 1 |
11,512 | 127 However, the mere creation of a dominant position through the grant of exclusive rights within the meaning of Article 90(1) of the Treaty is not in itself incompatible with Article 86 of the Treaty. A Member State will be in breach of the prohibitions laid down by those two provisions only if the undertaking in question, merely by exercising the exclusive rights granted to it, is led to abuse its dominant position or where such rights are liable to create a situation in which that undertaking is led to commit such abuses (Höfner and Elser, cited above, paragraph 29, Case C-260/89 ERT [1991] ECR I-2925, paragraph 37, Merci Convenzionali Porto di Genova, cited above, paragraphs 16 and 17, Case C-323/93 Centre d'Insémination de la Crespelle [1994] ECR I-5077, paragraph 18, and Case C-163/96 Raso and Others [1998] ECR I-533, paragraph 27). As is clear from paragraph 31 of the judgment in Höfner and Elser, there is an abusive practice contrary to Article 90(1) of the Treaty, in particular, where a Member State grants to an undertaking an exclusive right to carry on certain activities and creates a situation in which the undertaking is manifestly not in a position to satisfy the demand prevailing on the market for activities of that kind. | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 27 octobre 2005, Commission/Italie, C-525/03, Rec. p. I-9405, point 14, et du 6 octobre 2009, Commission/Espagne, C-562/07, Rec. p. I‑9553, point 23). | 0 |
11,513 | 104. It must be pointed out, first, that FNSEA, FNB, FNPL and JA do not challenge the Court of First Instance’s findings of fact in their regard in paragraphs 320 to 322 of the judgment under appeal and, second, that, as is pointed out in paragraph 59 of the present judgment, the appraisal of the facts and the assessment of the evidence do not, save where the facts and evidence are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Case C-104/00 P DKV v OHIM [2002] ECR I-7561, paragraph 22, and Case C-125/06 P Commission v Infront WM [2008] ECR I‑0000, paragraph 57). Distortion of the facts is not relied upon before the Court of Justice in this case. | 35. Moreover, it does not follow from the wording of Article 7(1) of Directive 79/7 that the grounds for derogation set out therein are not exhaustive and that the Member States are free to develop other grounds for derogation from the principle of equal treatment. The fact that the taking into account of such a factor is not expressly prohibited by that directive cannot be interpreted as authorising the national legislature to provide for that factor as an element in the calculation of a benefit such as that at issue in the main proceedings. | 0 |
11,514 | 36. It follows from the foregoing and from the reasoning set out in paragraphs 25 to 30 of this judgment that the interpretation of Article 48(2) of the Treaty adopted by the Court in Bosman and referred to in paragraphs 31 and 32 of the present judgment may be transposed to the first indent of Article 38(1) of the Association Agreement with Slovakia. | 75. It is for the national court to determine whether the national legislation, taking account of the detailed rules for its application, actually serves the aims which might justify it, and whether the restrictions it imposes are disproportionate in the light of those aims. | 0 |
11,515 | 45. With a view to determining the exact scope of Article 41(1) of the Additional Protocol in a situation such as that at issue in the main proceedings, it must be recalled, first, that, in accordance with consistent case-law, the provision has direct effect. It lays down, clearly, precisely and unconditionally, an unequivocal ‘standstill’ clause, which contains an obligation entered into by the contracting parties which amounts in law to a duty not to act (see Savas , paragraphs 46 to 54 and 71, second indent; Abatay and Others , paragraphs 58, 59 and 117, first indent, and Case C‑16/05 Tum and Dari [2007] ECR I‑7415, paragraph 46). Consequently, the rights which Article 41(1) of the Additional Protocol confers on the Turkish nationals to whom it applies may be relied on before the courts of the Member States (see, in particular, Savas , paragraph 54, and Tum and Dari , paragraph 46). | 49. Dans ces conditions, la Cour considère que la condamnation de la République hellénique au paiement d’une astreinte constitue un moyen financier approprié afin d’assurer l’exécution complète de l’arrêt Commission/Grèce (C‑440/06, EU:C:2007:642) (voir arrêt Commission/Belgique, C‑533/11, EU:C:2013:659, point 66). | 0 |
11,516 | 48
Admittedly, the weight to be given to that factor, for the purposes of determining where a child is habitually resident, depends on the circumstances specific to each individual case (see, to that effect, judgment of 22 December 2010, Mercredi, C‑497/10 PPU, EU:C:2010:829, paragraphs 50 and 51). | 50
Secondly, it follows from Article 5(2) of the Berne Convention, which is binding on the Union for the reasons set out in paragraph 32 of the present judgment, that the enjoyment and the exercise of the rights of reproduction and communication to the public given to authors by that convention and corresponding to those laid down in Article 2(a) and 3(1) of Directive 2001/29 may not be subject to any formality. | 0 |
11,517 | 43. If that should prove not to be the case, it would then be for the competent national authorities to show that that barrier to trade can be justified, in view of the products liable to be affected, by the objectives of protection of road safety and protection of the environment, which, according to the case-law, constitute overriding reasons in the public interest capable of justifying a measure having an effect equivalent to quantitative restrictions and that it is not only necessary, but proportionate in relation to such objectives (see, inter alia, judgment in Commission v Belgium , C‑150/11, EU:C:2012:539, paragraphs 54 and 55). | 55. In that regard, the justifications put forward by the Kingdom of Belgium relate to the need to safeguard the objectives of consumer protection, protection of the environment and road safety, which, according to the case-law, constitute overriding reasons in the public interest capable of justifying a hindrance to the free movement of goods (see, to that effect, Case C-297/05 Commission v Netherlands , paragraph 77; Case C-265/06 Commission v Portugal , paragraph 38; Case C-170/07 Commission v Poland , paragraph 49; and Case C-110/05 Commission v Italy , paragraph 60). | 1 |
11,518 | 37 In paragraphs 11 and 12 of Mialocq, concerning the same legislation as that at issue in the main proceedings in this case, the Court found that the circumstances referred to in the judgment making the reference and those which had come to light in the course of the proceedings before it were not sufficient to support the view that such legislation indirectly established a monopoly hindering the free movement of goods, since any individual breeder was free to request the insemination centre for his area to supply him with semen from a production centre of his choice, in France or abroad. | 46. Although the Directive allows the Member States a certain latitude as regards the precise method of implementing that provision, the fact remains that the Directive's objectives, in particular that of ensuring that for each farm or livestock unit the amount of livestock manure applied to the land each year, including by the animals themselves, does not exceed a specified amount per hectare, must be complied with by the Member States. | 0 |
11,519 | 36. Moreover, neither the method of treatment reserved for a substance nor the use to which that substance is put determines conclusively whether or not it is to be classified as waste (see ARCO Chemie Nederland and Others , paragraph 64, and Case C‑176/05 KVZ retec [2007] ECR I‑1721, paragraph 52). | 41. The first such situation is where the European Union intends to implement a particular obligation assumed in the context of those WTO agreements and the second where the EU act at issue refers explicitly to specific provisions of those agreements (see, to that effect, in particular judgments in Fediol v Commission , 70/87, EU:C:1989:254, paragraphs 19 to 22; Nakajima v Council , C‑69/89, EU:C:1991:186, paragraphs 29 to 32; Biret et Cie v Council , C‑94/02 P, EU:C:2003:518, paragraph 73; and Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht , C‑401/12 P to C‑403/12 P, EU:C:2015:4, paragraph 56). | 0 |
11,520 | 26
In that regard, it must be borne in mind that it is Article 14(1) of the Law on Games of Chance that restricts the organisation of roulette games, card games, dice games and gaming on machines to gaming casinos. That provision was notified to the Commission as a ‘technical regulation’, in view of the fact that the Court has previously held, first, that a national measure which reserves the organisation of certain games of chance to casinos alone constitutes a ‘technical regulation’, within the meaning of Article 1(11) of Directive 98/34, in so far as it can significantly influence the nature or the marketing of the products used in that context and, second, that a prohibition on operating certain products outside casinos can significantly influence the marketing of those products, by reducing the outlets in which they can be used (see, to that effect, judgment of 11 June 2015, Berlington Hungary and Others, C‑98/14, EU:C:2015:386, paragraphs 98 and 99). | 14 The German Government and the Commission rightly agree that the main proceedings in Mohr and in this case must both have the same outcome as regards the interpretation of the Sixth Directive. It is irrelevant that in Mohr the compensation originated from the Community while in this case it originates from the Member State. In both situations it is necessary to decide whether an undertaking given by a farmer to reduce production in return for compensation under an intervention scheme constitutes a supply of services for the purposes of the Sixth Directive, with the result that the compensation must be subject to VAT. | 0 |
11,521 | 33. It should be recalled that, in accordance with the provisions of Chapter II of Directive 95/46, entitled ‘General rules on the lawfulness of the processing of personal data’, all processing of personal data must, subject to the exceptions permitted under Article 13, comply, first, with the principles relating to data quality set out in Article 6 of Directive 95/46 and, secondly, with one of the six principles for making data processing legitimate listed in Article 7 of that directive ( Österreichischer Rundfunk and Others , paragraph 65; Huber , paragraph 48; and Joined Cases C‑468/10 and C‑469/10 ANSEF and FECEMD [2011] ECR I‑0000, paragraph 26). | 47. Eu égard à cette situation particulière des chevaux, qui, sans être normalement destinés à être utilisés dans la préparation des denrées alimentaires, peuvent néanmoins, pour certains d’entre eux, être livrés à la consommation, il y a lieu de considérer que, à la lumière de l’objectif du législateur de l’Union visant à rendre les biens essentiels moins chers pour le consommateur final, le point 1 de l’annexe III doit être interprété en ce sens que seule la livraison d’un cheval en vue de son abattage pour être utilisé dans la préparation des denrées alimentaires peut faire l’objet d’un taux réduit de la TVA (arrêt Commission/Pays‑Bas, précité, point 57). | 0 |
11,522 | 62. Nevertheless, the failure to comply with such a condition is likely to constitute a breach only if it would render nugatory a procedural safeguard granted to the Member States (see, to that effect, Finland v Commission , cited above, paragraph 34 and Luxembourg v Commission , cited above, paragraph 24). | Partant, le Tribunal a écarté l’argumentation de Meica comme étant fondée sur une appréciation erronée des faits. | 0 |
11,523 | 27. That conclusion is supported by the object and the aim of the Directive. It follows from recitals 3 and 5 to 7 in the preamble to the Directive that it seeks, by a harmonisation of the rules for the legal protection of biotechnological inventions, to remove obstacles to trade and to the smooth functioning of the internal market that are brought about by differences in national legislation and case-law between the Member States, and thus, to encourage industrial research and development in the field of genetic engineering (see, to that effect, Netherlands v Parliament and Council , paragraphs 16 and 27). | 145 Whereas Article 61 of the EC Treaty (now, after amendment, Article 51 EC) precludes the Treaty provisions on the freedom to provide services from applying to transport services, the latter being governed by the provisions of the title concerning transport, there is no article in the Treaty which precludes its provisions on freedom of establishment from applying to transport. | 0 |
11,524 | 39 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Fisscher, cited above, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 68. Thus, as the Advocate General has observed in point 89 of his Opinion, the pay which the worker receives during the holidays is intrinsically linked to that which he receives in return for his services. | 0 |
11,525 | 40. In the absence of EU legislation in this area, the rules implementing the principle of res judicata are a matter for the national legal order, in accordance with the principle of the procedural autonomy of the Member States. However, such procedural rules must not be less favourable than those governing similar domestic situations (principle of equivalence) and must not be framed in such a way as to make it in practice impossible or excessively difficult to exercise the rights conferred by EU law (principle of effectiveness) (see judgments in Fallimento Olimpiclub , C‑2/08, EU:C:2009:506, paragraph 24, and Impresa Pizzarotti , C‑213/13, EU:C:2014:2067, paragraph 54 and the case-law cited). | 25. Accordingly, the relevant classes of persons comprise principally consumers and end users. However, depending on the features of the product market concerned, the influence of intermediaries on decisions to purchase, and thus their perception of the trade mark, must also be taken into consideration. | 0 |
11,526 | 10 That fact cannot excuse the failure complained of. As the Court has consistently held, a Member State may not plead internal circumstances in order to justify a failure to comply with obligations and time-limits resulting from Community law. Moreover, it has been held that practical difficulties which appear at the stage when a Community measure is put into effect cannot permit a Member State unilaterally to choose not to fulfil its obligations (see most recently the judgment of 27 November 1990 in Case C-39/88 Commission v Ireland [1990] ECR I-4271, paragraph 11). | 11 That submission cannot be accepted . It is well established in the case-law of the Court ( see, for instance, the judgment in Case 254/83 Commission v Italy [1984] ECR 3395 ) that a Member State may not plead internal circumstances in order to justify a failure to comply with obligations and time-limits resulting from Community law . Moreover, it has been held on several occasions ( see the judgments in Case 39/72 Commission v Italy [1973] ECR 101 and in Case 128/78 Commission v United Kingdom [1979] ECR 419 ) that practical difficulties which appear at the stage when a Community measure is put into effect cannot permit a Member State unilaterally to opt out of fulfilling its obligations . | 1 |
11,527 | 74. Dans le présent litige, l’ensemble des éléments juridiques et factuels ayant abouti à la constatation du manquement considéré, notamment le nombre relativement élevé d’agglomérations ne disposant toujours pas de systèmes de collecte et de traitement des eaux urbaines résiduaires conformes à la date de l’audience, ainsi que la circonstance qu’ont déjà été prononcés deux autres arrêts, les arrêts Commission/Grèce (C‑119/02, EU:C:2004:385) et Commission/Grèce (C‑517/11, EU:C:2013:66), constatant le manquement de la République hellénique à ses obligations en matière de traitement des eaux urbaines résiduaires, constituent un indicateur de ce que la prévention effective de la répétition future d’infractions analogues au droit de l’Union est de nature à requérir l’adoption d’une mesure dissuasive, telle que la condamnation au paiement d’une somme forfaitaire (voir, en ce sens, arrêts Commission/Grèce, C‑378/13, EU:C:2014:2405, point 74, ainsi que Commission/Italie, C‑196/13, EU:C:2014:2407, points 115 et 116). | 39. In the absence of further specification in Article 15(1) of Regulation No 207/2009, account should be taken of the context of that provision, of the scheme laid down by the legislation in question and of the objectives which that legislation pursues. | 0 |
11,528 | 70. First of all, as the Court of First Instance noted in paragraph 52 of the judgment under appeal, even if the Community rules on the granting of aid and premiums do not expressly require Member States to introduce supervisory measures and inspection procedures, such as those mentioned by the Commission during the clearance of the EAGGF accounts, nevertheless that obligation may follow, in some cases implicitly, from the fact that under the rules in question it is for the Member States to organise an effective system of inspection and supervision (see to that effect Case C‑8/88 Germany v Commission , paragraph 16, and Case C‑468/02 Spain v Commission , paragraph 35). | 68. Consequently, the second subparagraph of Article 4(5) of the Sixth Directive cannot be construed narrowly (see Isle of Wight Council and Others , paragraph 60). | 0 |
11,529 | 20. In so far as the Opel logo has been registered for toys, this is moreover the case envisaged in Article 5(1)(a) of the directive, namely that of a sign identical to the trade mark in question in relation to goods – toys – which are identical to those for which the trade mark was registered. In that regard, it should be noted in particular that the use at issue in the main proceedings is made ‘in relation to goods’ within the meaning of Article 5(1)(a) of the directive since it concerns the affixing of a sign identical to the trade mark onto goods and the offering of the goods, putting them on the market or stocking them for those purposes within the meaning of Article 5(3)(a) and (b) of the directive (see, to that effect, Arsenal Football Club , paragraphs 40 and 41). | 54. It is also apparent from that provision that, as found by the Court of First Instance in a correct and consistent manner, facts not submitted by the parties before the departments of OHIM cannot be submitted at the stage of the appeal brought before that Community court. The Court of First Instance is called upon to assess the legality of the decision of the Board of Appeal by reviewing the application of Community law made by that board, particularly in the light of facts which were submitted to the latter (see, to that effect, Case C‑214/05 P Rossi v OHIM [2006] ECR I‑7057, paragraph 50). By contrast, that Court cannot carry out such a review by taking into account matters of fact newly produced before it. | 0 |
11,530 | 29. It is to be observed in that regard that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of European Union law bears no relation to the actual facts of the main action or where the problem is hypothetical (see, inter alia, Case C-429/05 Rampion and Godard [2007] ECR I-8017, paragraphs 23 and 24, and Case C‑387/07 MI.VER and Antonelli [2008] ECR I-9597, paragraph 15 and case-law cited). | 13 That being so, when a company has incurred losses and one of its shareholders agrees to absorb those losses, that shareholder makes a contribution which increases the assets of the company . He restores the assets to the level which they had reached before the losses were sustained . It is a different matter when the shareholder absorbs the losses by virtue of an undertaking which he entered into before those losses were sustained . The undertaking means that any losses which the company may subsequently incur will have no effect on the level of its assets . | 0 |
11,531 | 35. It is clear from the last-mentioned condition that, for VAT to be deductible, the input transactions must have a direct and immediate link with the output transactions giving rise to a right of deduction. Thus, the right to deduct VAT charged on the acquisition of input goods or services presupposes that the expenditure incurred in acquiring them was a component of the cost of the output transactions that gave rise to the right to deduct (see Midland Bank , paragraph 30, and Abbey National , paragraph 28, and also Case C-16/00 Cibo Participations [2001] ECR I-6663, paragraph 31). | 72. Or, selon une jurisprudence constante de la Cour, les griefs dirigés contre des motifs surabondants d’une décision du Tribunal ne sauraient entraîner l’annulation de cette décision et sont donc inopérants (arrêt Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, EU:C:2005:408, point 148, ainsi qu’ordonnances Piau/Commission, C‑171/05 P, EU:C:2006:149, point 86, et Saint-Gobain Glass Deutschland/Commission, C‑503/07 P, EU:C:2008:207, point 62). | 0 |
11,532 | 127. Failure to respect the right of access to the Commission's file during the procedure prior to adoption of a decision can, in principle, cause the decision to be annulled if the rights of defence of the undertaking concerned have been infringed (Hercules Chemicals , paragraph 77, and Limburgse Vinyl Maatschappij and Others , paragraph 317). | 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 |
11,533 | 26. Furthermore, it should be borne in mind that while the ultimate objective of the allowance trading scheme is the protection of the environment by means of a reduction in greenhouse gas emissions, the scheme does not of itself reduce those emissions but encourages and promotes the pursuit of the lowest cost of achieving a given amount of emissions reductions. The benefit for the environment depends on the stringency of the total quantity of allowances allocated, which represents the overall limit on emissions allowed by the scheme (Case C‑127/07 Arcelor Atlantique and Lorraine and Others [2008] ECR I‑9895, paragraph 31). | 15 That article constitutes a rule of conflict which determines the place of taxation of advertising services and, consequently, delimits the powers of the Member States. It follows that "advertising services" is a Community concept which must be interpreted uniformly in order to avoid instances of double taxation or non-taxation which may result from conflicting interpretations. | 0 |
11,534 | 47. It follows that references on validity constitute, like actions for annulment, means for reviewing the legality of European Union acts (judgments in Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest , C‑143/88 and C‑92/89, EU:C:1991:65, paragraph 18; ABNA and Others , C‑453/03, C‑11/04, C‑12/04 and C‑194/04, EU:C:2005:741, paragraph 103; and Inuit Tapiriit Kanatami and Others v Parliament and Council , C‑583/11 P, EU:C:2013:625, paragraph 95). | 36 As the Commission rightly maintains, there is such a direct and sufficiently relevant link between the CRDS and the general French social security scheme so that it can be regarded as a levy covered by the prohibition against double contributions. | 0 |
11,535 | 31. In addition, according to further settled case-law, Member States cannot plead internal circumstances or practical difficulties to justify non-compliance with obligations arising from rules of Community law (see, inter alia, Case C-89/03 Commission v Luxembourg [2003] ECR I-11659, paragraph 5). | 19. To that end, Article 3(1) of that regulation lays down an obligation, for any natural person entering or leaving the European Union and carrying an amount of cash equal to or more than EUR 10 000, to declare that amount. | 0 |
11,536 | 14. In support of its request before the national court, X AB in essence contended that, on account of the Swedish legislation, the investments that it made in Y Ltd were more risky than comparable domestic investments. Its argument is based mainly on the idea that an investment in Swedish Krona made in a Swedish limited company would not be subject to any uncertainty equivalent to the exchange risk to which an investment in another Member State can be subject. The Swedish tax system would, on that account, constitute an impediment to the free movement of capital and to the freedom of establishment, as the Court held in the judgment in Deutsche Shell (C‑293/06, EU:C:2008:129) the reasoning in which can be applied to the case in the main proceedings. | 93 If the Court of First Instance had applied the Commission's method of calculation, taking into account the corrections made in respect of Prat Carton's involvement in the infringement, the amount of the fine would have been ECU 250 000 less. | 0 |
11,537 | 11 The Court, being competent under Article 177 of the Treaty to provide courts of the Member States with all the elements of interpretation of Community law, may however deem it necessary to consider provisions of Community law to which the national court has not referred in its questions (Case C-315/92 Verband Sozialer Wettbewerb v Clinique Laboratories and Estée Lauder [1994] ECR I-317, paragraph 7). | 31. Against that background, the expression ‘investment in … the obtaining … of the contents’ of a database must, as William Hill and the Belgian, German and Portuguese Governments point out, be understood to refer to the resources used to seek out existing independent materials and collect them in the database, and not to the resources used for the creation as such of independent materials. The purpose of the protection by the sui generis right provided for by the directive is to promote the establishment of storage and processing systems for existing information and not the creation of materials capable of being collected subsequently in a database. | 0 |
11,538 | 55. In accordance with Article 3(2), (4) and (6) of the Framework Directive, the Member States must not only guarantee the independence of NRAs by ensuring that they are legally distinct from, and functionally independent of, all organisations providing electronic communications networks, equipment or services, but must also publish, in an easily accessible form, the tasks to be undertaken in accordance with the NRF by those authorities, in particular where the tasks are granted to several bodies, and notify to the Commission the names of the authorities entrusted with carrying out those tasks, and their respective responsibilities (see, to that effect, judgments in Comisión del Mercado de las Telecomunicaciones , C‑82/07, EU:C:2008:143, paragraph 25, and in UPC Nederland , C‑518/11, EU:C:2013:709, paragraph 52). | 76. Third, contrary to the appellant’s assertions, the fact that in the present case the proof of use of the earlier trade mark was established only for the sale of products intended for a single customer does not a priori preclude the use being genuine (see, to that effect, order in La Mer Technology , paragraph 24), even though it follows from that situation that the mark was not present in a substantial part of the territory of Spain, in which it is protected. As OHIM has maintained, the territorial scope of the use is only one of several factors to be taken into account in the determination of whether it is genuine or not. | 0 |
11,539 | 24. It must be borne in mind that measures taken by a Member State, the aim or effect of which is to treat goods coming from other Member States less favourably and, in the absence of harmonisation of national legislation, obstacles to the free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods, even if those rules apply to all products alike, must be regarded as ‘measures having equivalent effect to quantitative restrictions on imports’ for the purposes of Article 28 EC (see to that effect, Case 120/78 Rewe-Zentral (Cassis de Dijon) [1979] ECR 649, paragraphs 6, 14 and 15; Case C-368/95 Familiapress [1997] ECR I-3689, paragraph 8; and Case C-322/01 Deutscher Apothekerverband [2003] ECR I-14887, paragraph 67). Any other measure which hinders access of products originating in other Member States to the market of a Member State is also covered by that concept (see Case C-110/05 Commission v Italy [2009] ECR I-0000, paragraph 37). | 51. Dès lors qu’il ressort du dix-septième considérant de la directive 1999/70 que, en déterminant ce qui constitue un contrat ou une relation de travail en conformité avec le droit et/ou les pratiques nationales, et donc en déterminant le champ d’application de l’accord-cadre, les États membres doivent respecter les exigences de celui-ci, la définition de ces notions ne saurait aboutir à exclure arbitrairement une catégorie de personnes du bénéfice de la protection offerte par la directive 1999/70 et l’accord-cadre (voir, par analogie, arrêt O’Brien, précité, point 51) . | 0 |
11,540 | 43. The Court has, admittedly, held that disturbing the balance and reciprocity of a bilateral international agreement concluded between a Member State and a non-member country may constitute an objective justification for the refusal by a Member State party to that agreement to extend to nationals of other Member States the advantages which its own nationals derive from that agreement (see, inter alia, Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 60, and Gottardo , paragraph 36). | 36 Disturbing the balance and reciprocity of a bilateral international convention concluded between a Member State and a non-member country may, it is true, constitute an objective justification for the refusal by a Member State party to that convention to extend to nationals of other Member States the advantages which its own nationals derive from that convention (see, to that effect, Saint-Gobain ZN, cited above, paragraph 60). | 1 |
11,541 | 19 It should be recalled that the provisions of the chapter on services are subordinate to those of the chapter on freedom of establishment (Case C-55/94 Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano [1995] ECR I-4165, paragraph 22). | 28. À cet égard, il importe de relever que l’exécution conforme aux dispositions d’une directive par les autorités administratives d’un État membre ne peut, à elle seule, présenter la clarté et la précision requises pour satisfaire à l’exigence de sécurité juridique (voir, notamment, arrêt du 12 juillet 2007, Commission/Autriche, C‑507/04, Rec. p. I-5939, point 137). En outre, de simples pratiques administratives, par nature modifiables au gré de l’administration et dépourvues d’une publicité adéquate, ne sauraient être considérées comme constituant une exécution des obligations qui incombent aux États membres dans le cadre de la transposition d’une directive (voir, en ce sens, arrêt du 10 mai 2007, Commission/Autriche, C‑508/04, Rec. p. I-3787, points 79 et 80). | 0 |
11,542 | 61. In exercising that discretion, the competent authority is nevertheless required, in such circumstances, to examine carefully and impartially all the relevant aspects of the individual case (see, by analogy, Case C‑269/90 Technische Universität München [1991] ECR I‑5469, paragraph 14, and Case C‑405/07 P Netherlands v Commission [2008] ECR I‑8301, paragraph 56). | 12 Articles 59 and 60 of the Treaty therefore preclude a Member State from prohibiting a person providing services established in another Member State from moving freely on its territory with all his staff and preclude that Member State from making the movement of staff in question subject to restrictions such as a condition as to engagement in situ or an obligation to obtain a work permit . To impose such conditions on the person providing services established in another Member State discriminates against that person in relation to his competitors established in the host country who are able to use their own staff without restrictions, and moreover affects his ability to provide the service . | 0 |
11,543 | 51 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 34. Il a été également reconnu que cette disposition s’oppose à l’introduction dans la réglementation des États membres, à compter de la date d’entrée en vigueur dans l’État membre concerné de la décision nº 1/80, de toutes nouvelles restrictions à l’exercice de la libre circulation des travailleurs, y compris celles portant sur les conditions de fond et/ou de procédure en matière de première admission sur le territoire de cet État membre des ressortissants turcs se proposant d’y faire usage de cette liberté (voir, en ce sens, arrêt du 29 avril 2010, Commission/Pays-Bas, C‑92/07, Rec. p. I‑3683, point 49). | 0 |
11,544 | 29. In that regard, it must be noted that, even if the national legislation in question in the main proceedings requires the registration document for all demonstration motor vehicles, irrespective of their origin, to state that it was a ‘demonstration vehicle’ in order for those vehicles to be granted the ecological subsidy, that requirement would affect such vehicles differently according to whether or not they come from a Member State that provides for such a requirement in respect of registration documents (see, to that effect, Commission v Luxembourg , paragraph 28). | 34. However, as is apparent from paragraphs 37 to 43 of the judgment delivered today in Case C‑456/12 O. and B. , Directive 2004/38 grants an autonomous right of residence to a Union citizen and a derived right of residence to his family members only where that citizen exercises his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national. Directive 2004/38 does not therefore confer a derived right of residence on third‑country nationals who are family members of a Union citizen in the Member State of which that citizen is a national. | 0 |
11,545 | 24. Consequently, the question arises not only as to whether the national legislation has had the effect of granting pharmacies special or exclusive rights within the meaning of Article 106(1) TFEU, but also as to whether such legislation can have led to abuse of a dominant position (see, to that effect, judgment in Servizi Ausiliari Dottori Commercialisti , C‑451/03, EU:C:2006:208, paragraph 24). | 76. On the other hand, as to the assertion by the Spanish Government that a system of other forms of checking aid for olive oil production was put in place, in particular checks on the mills, it is sufficient to observe that the Court has consistently held that where a regulation lays down specific measures of supervision, the Member States must apply them and it is unnecessary to examine the merits of their view that another system of supervision is more effective (see Case C-54/91 Germany v Commission [1993] ECR I-3399, paragraph 38, and Case C-130/99 Spain v Commission , paragraph 87). | 0 |
11,546 | 17. It is therefore by reference to the capacity of the contracting parties, according to whether or not they are acting for purposes relating to their trade, business or profession, that the directive defines the contracts to which it applies (judgments in Asbeek Brusse and de Man Garabito , C‑488/11, EU:C:2013:341, paragraph 30, and Šiba , C‑537/13, EU:C:2015:14, paragraph 21). | 32 Second, as far as occupational pension schemes are concerned, the Court held in paragraphs 44 and 45 of Barber, cited above, that by reason of overriding considerations of legal certainty, the direct effect of Article 119 of the Treaty could not be relied upon in order to claim entitlement to a pension with effect from a date prior to that of that judgment, namely 17 May 1990, except in the case of claimants who had before that date initiated legal proceedings or raised an equivalent claim. | 0 |
11,547 | 23 The term "worker" used in Article 41(1) of the Cooperation Agreement therefore covers a Moroccan national such as the claimant before the national court who is incapable of working following an industrial accident suffered by him in the Member State in which he has been living for more than five years and who applies for a disability allowance. | 43. Consequently, the member of the family of a Turkish worker who, like Ms Pehlivan, satisfies the two prior conditions indicated in paragraph 40 of the present judgment and who has resided legally in the territory of the host Member State for more than three years, necessarily enjoys a right of residence in that State which is based directly on that provision. | 0 |
11,548 | 44
Accordingly, a ground of appeal supported by an argument that is not sufficiently precise and substantiated to enable the Court to exercise its powers of judicial review does not satisfy those conditions and must be declared inadmissible (see, to that effect, judgment in Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 30 and the case-law cited). | 38. The first indent of Article 20 of Directive 92/83 applies even when the products covered by that provision form part of a product which falls within another chapter of the combined nomenclature. | 0 |
11,549 | 74. Accordingly, the Court has accepted that a requirement of prior authorisation may, under certain conditions, be justified by such a consideration in the context of hospital care (see, inter alia, Smits and Peerbooms , paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81; and Watts , paragraphs 108 to 110) and in the context of medical care which, although it may be provided outside a hospital setting, requires the use of major and costly equipment exhaustively listed in the national legislation (see, to that effect, Commission v France , paragraphs 34 to 42). | 70 Since it is in the trade mark owner' s interest that the consumer or end user should not be led to believe that the owner is responsible for the repackaging, an indication must be given on the packaging of who repackaged the product. | 0 |
11,550 | 49. It should be noted at the outset that, even though the Italian Republic has not put forward a plea that this action is inadmissible, the Court may of its own motion examine whether the conditions laid down in Article 258 TFEU for bringing an action for failure to fulfil obligations are satisfied (see, inter alia, Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 8; judgment of 26 January 2012 in Case C-185/11 Commission v Slovenia , paragraph 28; and Case C-34/11 Commission v Portugal [2012] ECR, paragraph 42). | 35. Contrary to the submissions of the Finanzamt and the German Government, that difference in treatment cannot be justified on the ground that it relates to situations which are objectively different. | 0 |
11,551 | 28. However, it is well-established case-law that the various language versions of a text of European Union law must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part (see, in particular, Case C‑341/01 Plato Plastik Robert Frank [2004] ECR I‑4883, paragraph 64, and Case C-340/08 M and Others [2010] ECR I-0000, paragraph 44). | 60. It should be noted, however, that the second subparagraph of Article 11(4) of Directive 2006/126, which does not provide for the possibility of exchanging a driving licence, merely allows a Member State that is not the Member State of normal residence to take measures in accordance with its national legislation and as a result of unlawful conduct in its territory by the holder of a driving licence previously obtained in another Member State, the scope of those measures being limited to that territory and the effect limited to the refusal to recognise the validity of that licence within that territory. | 0 |
11,552 | 48. The Court of Justice alone therefore has jurisdiction to determine that an act of the European Union, such as Directive 2008/101, is invalid (see Case 314/85 Foto‑Frost [1987] ECR 4199, paragraph 17; Joined Cases C‑143/88 and C‑92/89 Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest [1991] ECR I‑415, paragraph 17; Case C‑6/99 Greenpeace France and Others [2000] ECR I‑1651, paragraph 54; IATA and ELFAA , paragraph 27; and Joined Cases C‑188/10 and C‑189/10 Melki and Abdeli [2010] ECR I‑5667, paragraph 54).
1. The international treaties relied upon | 105. Under Article 92(3)(b) of the Treaty, aid " to remedy a serious disturbance in the economy of a Member State" may be considered to be compatible with the common market. | 0 |
11,553 | 20. The Parliament, referring to recitals 3 to 5 in the preamble to the contested Directive, claims that the main objective of the contested Directive corresponds to that of EU policy in the field of the environment, listed in Article 191(1) TFEU, particularly the objectives of the protection of human health and the prudent and rational use of natural resources. In its view, the contested Directive should have been based on Article 192(1) TFEU (see judgment in Commission v Parliament and Council , C‑411/06, EU:C:2009:518, paragraphs 45 to 47). | 31. In addition, in order to find whether ‘grave misconduct’ exists, a specific and individual assessment of the conduct of the economic operator concerned must, in principle, be carried out. | 0 |
11,554 | 126. Situations falling within the scope of Community law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 18 EC (see, in particular, Grzelczyk , paragraph 33; D’Hoop , paragraph 29; Garcia Avello , paragraph 24; and Pusa , paragraph 17).. | 24. The situations falling within the scope ratione materiae of Community law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 18 EC (Case C-274/96 Bickel and Franz [1998] ECR I-7637, paragraphs 15 and 16, Grzelczyk , cited above, paragraph 33, and D'Hoop , paragraph 29). | 1 |
11,555 | 38. As the Italian Government and the Commission correctly observed, non-compliance with the 11-month time-limit does not by itself prevent recovery of the customs debt from the principal ( SPKR , paragraphs 27 to 33, and Commission v Germany , paragraph 69). | Il s’ensuit notamment que, lorsque la Commission a fourni suffisamment d’éléments faisant apparaître que les dispositions
nationales transposant une directive ne sont pas correctement appliquées en pratique sur le territoire de l’État membre défendeur,
il incombe à celui-ci de contester de manière substantielle et détaillée les éléments ainsi présentés et les conséquences
qui en découlent (arrêt Commission/Portugal, C-526/09, EU:C:2010:734, point 22 et jurisprudence citée). | 0 |
11,556 | 125. In paragraphs 55 and 60 of the judgment in Ambulanz Glöckner , the Court categorised emergency transport services as services of general economic interest within the meaning of Article 86(2) EC. | 39 In principle, it is for the national courts to ascertain whether the procedural rules intended to ensure that the rights derived by individuals from Community law are safeguarded under national law comply with the principle of equivalence (see also, to that effect, Palmisani, paragraph 33). | 0 |
11,557 | 70. Lastly, it should be borne in mind that clause 4 of the framework agreement is unconditional and sufficiently precise for individuals to be able to rely on it before a national court as against the State from the date of expiry of the period within which the Member States should have transposed Directive 1999/70 (see, to that effect, Gavieiro Gavieiro and Iglesias Torres , paragraphs 78 to 83, 97 and 98; order in Montoya Medina , paragraph 46; and Rosado Santana , paragraph 56). | 28 Furthermore, before approving the tariffs and bringing them into force, the minister must consult the regions and the representatives of the economic sectors concerned and must have regard to the guidelines issued by the Interministerial Committee on Prices. | 0 |
11,558 | 55. En premier lieu, en ce qui concerne la gravité de l’infraction, il convient de rappeler que la directive 91/271 vise à protéger l’environnement (voir arrêt Commission/Belgique, C‑533/11, EU:C:2013:659, point 55). L’absence ou l’insuffisance de systèmes de collecte ou de traitement des eaux urbaines résiduaires sont susceptibles de porter atteinte à l’environnement et doivent être considérées comme particulièrement graves (voir, par analogie, arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 54). S’agissant de la circonstance invoquée par la République hellénique, selon laquelle les eaux usées des agglomérations de Koropi, de Nea Makri, de Rafina et d’Artemida seraient acheminées et traitées dans des stations d’épuration voisines, si elle est susceptible, en principe, de constituer une circonstance atténuante, elle ne saurait, en l’occurrence, être prise en compte dès lors qu’elle est contestée par la Commission et que la République hellénique n’a apporté aucun élément de preuve à l’appui de son allégation. | 21 It is not necessary in this respect to find that the provision in question does in practice affect a substantially higher proportion of migrant workers. It is sufficient that it is liable to have such an effect. Further, the reasons why a migrant worker chooses to make use of his freedom of movement within the Community are not to be taken into account in assessing whether a national provision is discriminatory. The possibility of exercising so fundamental a freedom as the freedom of movement of persons cannot be limited by such considerations, which are purely subjective. | 0 |
11,559 | 9 The Court has consistently held that due consultation of the Parliament in the cases provided for by the Treaty constitutes an essential formal requirement disregard of which means that the measure concerned is void (Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 33).
I10 In the context of the consultation procedure, however, nothing in Community law requires the Council to abstain from any consideration of a Commission proposal or from any search for a general approach or even for a common position within the Council before the Parliament' s opinion is delivered provided that it does not adopt its final position before being apprised of the opinion. Furthermore, such a prohibition is not called for by any institutional or procedural objective. | 25. In that connection, it must be recalled that, as regards the taxation of services on board ships, the Court has already acknowledged that the Sixth Directive does not prohibit Member States from extending the scope of their tax legislation beyond their territorial limits, so long as they do not encroach on the jurisdiction of other States (Case 283/84 Trans Tirreno Express [1986] ECR 231, and Case C‑30/89 Commission v France [1990] ECR I-691, paragraph 18). Such considerations also apply in relation to taxation of supplies of goods. | 0 |
11,560 | 155. The reasonableness of a period is to be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned, its complexity and the conduct of the applicant and of the competent authorities (Baustahlgewebe , cited above, paragraph 29, and Limburgse Vinyl Maatschappij , paragraph 187). | 26. As a preliminary point, it should be borne in mind that, under Article 3(1) of the Directive, the seller is to be liable to the consumer for any lack of conformity in the goods at the time when they are delivered. | 0 |
11,561 | 54 Such would be the case if a Member State were to require or favour the adoption of agreements, decisions or concerted practices contrary to Article 85 or to reinforce their effects, or to deprive its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere (see Case 267/86 Van Eycke [1988] ECR 4769, paragraph 16; Reiff, paragraph 14; and Delta Schiffahrts- und Speditionsgesellschaft, paragraph 14). | 98. Il ressort de la jurisprudence de la Cour que le Conseil bénéficie, pour l’application de l’article 108, paragraphe 2, troisième alinéa, TFUE, d’un large pouvoir d’appréciation dont l’exercice implique des évaluations complexes d’ordre économique et social, qui doivent être effectuées dans le contexte de l’Union. Dans ce cadre, le contrôle juridictionnel appliqué à l’exercice de ce pouvoir d’appréciation se limite à la vérification du respect des règles de procédure et de motivation ainsi qu’au contrôle de l’exactitude matérielle des faits retenus et de l’absence d’erreur de droit, d’erreur manifeste dans l’appréciation des faits ou de détournement de pouvoir (voir, en ce sens, arrêt du 29 février 1996, Commission/Conseil, précité, points 18 et 19, ainsi que, par analogie, arrêt du 22 décembre 2008, Régie Networks, C‑333/07, Rec. p. I‑10807, point 78). | 0 |
11,562 | 17
In that context, it is permissible, for the purpose of setting the amount of the fine, to have regard both to the overall turnover of the undertaking, which gives an indication, albeit approximate and imperfect, of its size and of its economic power, and to the proportion of that turnover accounted for by the goods in respect of which the infringement was committed, which gives an indication of the scale of the infringement (judgment of 9 July 2015 in InnoLux v Commission, C‑231/14 P, EU:C:2015:451, paragraph 47 and the case-law cited). | 57. If a product is correctly classified as a medicinal product for the purposes of Directive 2001/83, its marketing is subject to the issue of marketing authorisation pursuant to Article 6(1) of that directive. The procedure governing the issue and the effects of such authorisation are set out in detail in Articles 7 to 39 of that directive. | 0 |
11,563 | 50
It is the Court’s settled case-law that the meaning and scope of terms, for which EU law gives no definition, must be determined by considering their usual meaning in everyday language, while also taking into account the context in which they occur and the purposes of the rules of which they are part (judgments of 10 March 2005, EasyCar, C‑336/03, EU:C:2005:150, paragraph 21, and of 3 September 2014, Deckmyn and Vrijheidsfonds, C‑201/13, EU:C:2014:2132, paragraph 19 and the case-law cited) and it being precluded that, where there are doubts, the text of a provision be considered in isolation in one of its language versions (see, to that effect, judgments of 16 July 2009, Horvath, C‑428/07, EU:C:2009:458, paragraph 35 and the case-law cited, and of 11 June 2015, Pfeifer & Langen, C‑51/14, EU:C:2015:380, paragraph 34). | 11 IN THAT REGARD , IT MUST BE BORNE IN MIND THAT THE PURPOSE OF THE PRE-LITIGATION PROCEDURE PROVIDED FOR BY ARTICLE 169 OF THE TREATY , WHICH FORMS PART OF THE GENERAL SUPERVISORY TASKS ENTRUSTED TO THE COMMISSION BY THE FIRST INDENT OF ARTICLE 155 , IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY EITHER TO JUSTIFY ITS POSITION OR , IF IT SO WISHES , TO COMPLY OF ITS OWN ACCORD WITH THE REQUIREMENTS OF THE TREATY . IF THAT ATTEMPT TO REACH A SETTLEMENT PROVES UNSUCCESSFUL , THE MEMBER STATE CONCERNED IS REQUESTED TO COMPLY WITH ITS OBLIGATIONS AS SET OUT IN THE REASONED OPINION WITHIN THE PERIOD PRESCRIBED THEREIN .
| 0 |
11,564 | 44. Articles 87(3)(c) and 88 EC expressly state that the Commission ‘may’ consider aid covered by the first of those two provisions to be compatible with the common market. Accordingly, whilst the Commission must always determine whether State aid subject to review by it is compatible with the common market, even if that aid has not been notified to it (see Case C-301/87 France v Commission (the ‘ Boussac Saint Frères ’ case) [1990] ECR I-307, paragraphs 15 to 24), it is not bound to declare such aid compatible with the common market (see Case C-409/00 Spain v Commission , cited above, paragraph 94). | 26 It follows that, once discrimination has been found to exist, and an employer takes steps to achieve equality for the future by reducing the advantages of the favoured class, achievement of equality cannot be made progressive on a basis that still maintains discrimination, even if only temporarily. | 0 |
11,565 | 137. The essential characteristic of ‘benefits in kind’ within the meaning of Regulation No 1408/71 is that they are ‘designed to cover care received by the person concerned’ by the direct payment or reimbursement of ‘medical expenses’ incurred by that patient’s state (see, in the context of a statutory scheme of social insurance against the risk of reliance on care, Case C-160/96 Molenaar [1998] ECR I-843, paragraphs 32 and 34). | 7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C-103/00, Rec. p. I-1147, point 23, et du 13 septembre 2007, Commission/Italie, C‑260/04, Rec. p. I‑7083, point 18). | 0 |
11,566 | 76. It follows from the foregoing considerations that, by entering into or maintaining in force, despite the renegotiation of the 1957 Agreement, international commitments concerning air fares and rates charged by carriers designated by the United States on intra-Community routes and concerning CRSs offered for use or used on Netherlands territory, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 5 of the Treaty and under Regulations Nos 2409/92 and 2299/89 (see, to that effect, Commission v Denmark , paragraphs 110 to 112; Commission v Sweden , paragraphs 106 to 108; Commission v Finland , paragraphs 111 to 113; Commission v Belgium , paragraphs 124 to 126; Commission v Luxembourg , paragraphs 116 to 118; Commission v Austria , paragraphs 124 to 126, and Commission v Germany , paragraphs 135 to 137).
Failure to fulfil obligations arising from infringement of Article 52 of the Treaty
Arguments of the parties | 29. La différence de traitement ainsi constatée ne s’explique pas par une différence de situation objective. En effet, à l’égard d’une réglementation d’un État membre visant à imposer les plus-values générées sur son territoire, la situation d’une société qui transfère son siège statutaire et sa direction effective vers un autre État membre, de même que celle d’une société qui transfère une partie ou la totalité des actifs d’un établissement stable espagnol vers un autre État membre, est, pour ce qui concerne l’imposition des plus-values qui ont été générées dans le premier État membre antérieurement auxdites opérations, analogue à celle d’une société limitant ces opérations au territoire national (voir, en ce sens, arrêts précités National Grid Indus, point 38; DI. VI. Finanziaria di Diego della Valle & C., point 37, et du 6 septembre 2012, Commission/Portugal, point 29). | 0 |
11,567 | 47. Moreover, the conditions and restrictions in terms of deadlines which have to be met in order to obtain that work permit and the administrative burden involved in obtaining such a permit impede the making available of workers who are nationals of non-member countries to a user undertaking established in the Netherlands by a service-providing undertaking established in another Member State, and, consequently, the provision of services by that undertaking (see, to that effect, judgments in Commission v Luxembourg , EU:C:2004:655, paragraph 23; Commission v Germany , EU:C:2006:49, paragraph 35; and Commission v Austria , EU:C:2006:595, paragraphs 39 and 42). | 24. Moreover, Article 71 of the CISA, also referred to in the first question, does not contain any element which might restrict the scope of Article 54 of the CISA (see Van Esbroeck , paragraph 40). It follows that the reference to existing United Nations Conventions in Article 71 cannot be understood as hindering the application of the ne bis in idem principle laid down in Article 54 (see Van Esbroeck , paragraph 41). | 0 |
11,568 | 20 That conclusion is not altered by the fact that the measure in question applies to only part of the national territory (on this point, see Joined Cases C-1/90 and C-176/90 Aragonesa de Publicidad and Publivía v Departamento de Sanidad [1991] ECR I-4151, paragraph 24; Joined Cases C-277/91, C-318/91 and C-319/91 Ligur Carni and Others [1993] ECR I-6621, paragraph 37). | 21 Furthermore, as the Court pointed out in its judgment in Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18, and its judgment in Case 348/87 Stichting Uitvoering Financiële Acties, cited above (paragraph 11), it is evident from the 11th recital of the preamble to the Sixth Directive that the exemptions constitute independent concepts of Community law which must be placed in the general context of the common system of VAT introduced by the Directive. | 0 |
11,569 | 33. In this connection, it should be observed that, although the Court has held that unconditional and sufficiently precise provisions of a directive may be relied on by individuals against a body which has been given responsibility, under the control of the State, for a public-interest service and which has, for that purpose, special powers (see, to that effect, Foster and Others , paragraphs 18 and 20, and Dominguez , paragraphs 38 and 39 and the case-law cited), the case in the main proceedings has arisen in a context different from the context of that case-law. | 22 The Council then replaced the words "the spouse" by "the person entitled to the family benefits or family allowances, or the person to whom they are paid". | 0 |
11,570 | 66. As is clear from paragraph 59 above, by virtue of the principle of non-discrimination and, in particular, under the provisions of Directive 76/207, protection against dismissal must be afforded to women not only during maternity leave, but also throughout the period of pregnancy. According to the Court, the dismissal of a worker on account of pregnancy, or essentially on account of pregnancy, can affect only women and therefore constitutes direct discrimination on grounds of sex (see Paquay , paragraph 29 and the case-law cited). | 38 Clearly, the words including negotiation are not intended to define the principal object of the exemption laid down in the provision, but to extend the scope of the exemption to negotiation. | 0 |
11,571 | 45
Moreover, the Court has emphasised that the decisive factor is the possibility of control over the quality of the goods, not the actual exercise of that control. In that context, it has observed by way of example that, if the licensor tolerates the manufacture of poor quality goods by the licensee, despite having contractual means of preventing it, he must bear the responsibility. Similarly, if the manufacture of goods is decentralised within a group of companies and the subsidiaries in each of the Member States manufacture goods whose quality is geared to the particularities of each national market, those differences in quality may not be invoked in order to oppose the import of goods manufactured by an affiliated company, as the group must bear the consequences of its choice (see, to that effect, judgment of 22 June 1994, IHT Internationale Heiztechnik and Danziger, C‑9/93, EU:C:1994:261, paragraph 38). | 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 |
11,572 | 23. In tax law, the taxpayers’ residence may constitute a factor that might justify national rules involving different treatment for resident and non-resident taxpayers. However, that is not always the case. To accept that the Member State of establishment may in all cases apply different treatment solely because the registered office of a company is situated in another Member State would deprive Article 43 EC of its substance (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 18, and Marks & Spencer , paragraph 37). | 38. In addition, that refund cannot be dependent upon the discretion of the tax authorities ( Schmeink & Cofreth and Strobel , paragraph 68). | 0 |
11,573 | 39. It should be recalled at the outset that, according to settled case-law, 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‑334/02 Commission v France [2004] ECR I-2229, paragraph 21; Case C‑104/06 Commission v Sweden [2007] ECR I‑671, paragraph 12, and Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraph 16). | 32 If a worker in a situation of the kind before the national court were allowed to rely on one of the other definitions of `self-employed person' set out in Article 1(a) in order to qualify for German social security benefits, that would be tantamount to depriving the provision in the annex of all effectiveness. | 0 |
11,574 | 32. According to settled case-law, it is for the Court alone, where questions are formulated imprecisely, to extract from all the information provided by the national court or tribunal and from the documents in the main proceedings the points of European Union law which require interpretation, having regard to the subject-matter of those proceedings (Case C‑107/98 Teckal [1999] ECR I‑8121, paragraph 34, and Case C‑57/01 Makedoniko Metro and Michaniki [2003] ECR I‑1091, paragraph 56). | 117. Consequently, in a situation such as that arising here, the contracting authority could not, once the contract had been awarded and, moreover, by a decision which derogates in its substance from the provisions of the earlier regulations, amend a significant condition of the invitation to tender such as the condition relating to the arrangements governing payment for the products to be supplied. | 0 |
11,575 | 14 However, in the context of the judicial cooperation established by Article 177 of the Treaty, the Court has the duty, inter alia, to interpret all provisions of Community law which national courts need in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (see the judgment in Case C-280/91 Viessmann [1993] ECR I-971, paragraph 17). | 42. To ensure the full effectiveness of that regulation, in particular Article 18, the legal concepts it uses must be given an independent interpretation common to all the States (see, to that effect, concerning the interpretation of the Brussels Convention, inter alia, Case 33/78 Somafer [1978] ECR 2183, paragraph 8). | 0 |
11,576 | 30. Finally, according to settled case‑law, in principle, the only measures prohibited by the Treaty as being restrictions on freedom of establishment are national measures liable to hamper or to render less attractive the exercise of fundamental freedoms guaranteed by the Treaty (see, to that effect, Case C-19/92 Kraus [1993] ECR I‑1663, paragraph 32, and Case C-55/94 Gebhard [1995] ECR I‑4165, paragraph 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,577 | 29. With regard to the period from 1 January 1968 to 22 December 1984, the compatibility of the national legislation at issue could be examined only as regards Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC), since Directive 79/7 was not adopted until 1978 and the period prescribed for its transposition was fixed at 23 December 1984. However, provisions such as those at issue in the main proceedings, relating to statutory pension schemes were outside the scope of that article and could not therefore be considered to be contrary to it (see, to that effect, Case 80/70 Defrenne [1971] ECR 445, paragraph 7). | 57. In order to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State, Directive 90/435 aims to avoid economic double taxation of profits, in other words, to avoid taxation of distributed profits first in the hands of the subsidiary and then in the hands of the parent company (see Banque Fédérative du Crédit Mutuel , paragraphs 24 and 27, and Cobelfret , paragraph 29). | 0 |
11,578 | 280. As the Commission contended, that upper limit seeks to prevent fines being imposed which it is foreseeable that the undertakings, owing to their size, as determined, albeit approximately and imperfectly, by their total turnover, will not be able to pay (see, to that effect, Musique Diffusion française and Others v Commission , paragraphs 119 and 121). | 18 It is not open to a Member State to prevent the marketing in its territory of articles of precious metal hallmarked in the Member State of exportation by an independent body, on the ground that in its contention it is only action by the competent body in the State of importation which can ensure that the hallmark functions as a guarantee. | 0 |
11,579 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 74. The Court has accepted that recourse to the criterion of length of service is, as a general rule, appropriate to achieve that aim, since length of service goes hand in hand with professional experience (see, to that effect, Case 109/88 Danfoss [1989] ECR 3199, paragraphs 24 and 25; Cadman , paragraphs 34 and 35; and Hütter , paragraph 47). | 0 |
11,580 | 47
In that regard, it is important to point out, first, that it follows from the exclusive nature of the rights of reproduction and communication to the public laid down in Article 2(a) and Article 3(1) of Directive 2001/29 that the authors are the only persons to whom that directive gives, by way of original grant, the right to exploit their works (see, to that effect, judgment of 9 February 2012, Luksan, C‑277/10, EU:C:2012:65, paragraph 53). | 16 IN VIEW OF THESE ARGUMENTS , IT MUST FIRST BE STATED THAT THE DIRECTIVE COVERS COMBINED RAIL/ROAD CARRIAGE BETWEEN TWO MEMBER STATES EVEN WHEN THE TERRITORY OF ONE OR MORE NON-MEMBER COUNTRIES IS CROSSED . SINCE THE CARRIAGE IS THUS REGARDED AS A SINGLE OPERATION FROM THE POINT OF DEPARTURE TO THE POINT OF ARRIVAL , THE FACT THAT THE DIRECTIVE DOES NOT CONTAIN ANY EXCEPTION FOR THE CASE IN WHICH ONE OF THE STATIONS USED IS SITUATED IN A NON-MEMBER COUNTRY IN FACT MILITATES IN FAVOUR OF THE COMMISSION ' S INTERPRETATION .
| 0 |
11,581 | 54. It must, first, be borne in mind that, while the Court of Justice has had occasion to find a degree of overlap between the respective scope of the absolute grounds for refusal to register a trade mark set out in Article 7(1)(b) to (d) of Regulation No 40/94 (see, by analogy, as regards the identical provisions of Article 3(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), Case C‑363/99 Koninklijke KPN Nederland [2004] ECR I-1619, paragraph 67, and Case C‑265/00 Campina Melkunie [2004] ECR I-1699, paragraph 18), it is nevertheless the case that, according to established case-law, each of the grounds for refusal to register listed in Article 7(1) of Regulation No 40/94 is independent of the others and requires separate examination (see Joined Cases C‑456/01 P and C‑457/01 P Henkel v OHIM [2004] ECR I-5089, paragraph 45; Case C‑64/02 P OHIM v Erpo Möbelwerk [2004] ECR I-10031, paragraph 39; and Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I-551, paragraph 59). | 80. Toutefois, ce même point 3.2.1 précise sans équivoque que «[l]es coûts admissibles doivent être strictement limités aux coûts d’investissement supplémentaires nécessaires pour atteindre les objectifs de protection de l’environnement» et la phrase citée au point précédent n’a qu’un caractère illustratif. | 0 |
11,582 | 43. As appears from settled case-law, Articles 46(2) and 47(1) of Regulation No 1408/71 must be interpreted in the light of the objective laid down by Article 48 TFEU, which implies in particular that migrant workers must not suffer a reduction in the amount of their social security benefits as a result of having availed themselves of their right of free movement ( Reichling , paragraphs 21 and 22, and Lafuente Nieto , paragraph 33). | 33 Like all the provisions of Article 47(1) as they stood at the relevant date, the rule in subparagraph (e) is an additional provision for the calculation of the theoretical amount referred to in Article 46(2)(a). The rule must therefore be interpreted in the light of that provision and, as the Court held in relation to Article 46(2)(a) in Reichling, in the light of the objective laid down by Article 51 of the Treaty, which implies in particular that migrant workers must not suffer a reduction in the amount of their social security benefits as a result of having availed themselves of their right of free movement. | 1 |
11,583 | 57
Furthermore, where the receiving agency, which is required to serve the document concerned on its addressee residing in another Member State, has not enclosed the standard form in Annex II of Regulation No 1393/2007, that omission cannot render invalid either the document to be served or the procedure for service, as that consequence would be incompatible with the objective pursued by that regulation, which consists in providing a means of direct, rapid and effective transmission between Member States of documents in civil and commercial matters (see, to that effect, judgment of 16 September 2015, Alpha Bank Cyprus, C‑519/13, EU:C:2015:603, paragraphs 60 to 66). | 24. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 39; Case C‑390/99 Canal Satélite Digital [2002] ECR I‑607, paragraph 19; and Conseil général de la Vienne , paragraph 20). | 0 |
11,584 | 85. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 16 As the Court ruled in its judgment of 22 October 1987 in Case 314/85 Foto-Frost v Hauptzollamt Luebeck-Ost (( 1987 )) ECR 4199, that provision must be interpreted as meaning that if all those requirements are fulfilled the person liable is entitled to the waiver of the recovery of the duty in question . | 0 |
11,585 | 36. According to well-established case‑law, it follows both from the primacy of European Union law over Member States’ domestic law and from the direct effect of a provision such as Article 6 of Decision No 1/80 that a Member State is not permitted to modify unilaterally the scope of the system of gradually integrating Turkish workers into the host Member State’s labour force (see, inter alia, Case C‑1/97 Birden [1998] ECR I‑7747, paragraph 37, and Case C‑188/00 Kurz [2002] ECR I‑10691, paragraph 66). | 41. Whether a substance is in fact ‘waste’ within the meaning of the directive must be determined in the light of all the circumstances, account being taken of the aim of the directive and the need to ensure that its effectiveness is not undermined (see ARCO Chemie Nederland and Others , paragraph 88; KVZ retec , paragraph 63; and the order in Case C‑235/02 Saetti and Frediani [2004] ECR I‑1005, paragraph 40). | 0 |
11,586 | 11 However, it must be borne in mind that the Court had previously stated, in its judgment in Case 73/77 Sanders v Van der Putte ([1977] ECR 2383, at paragraphs 15 and 16), that although those considerations explained the assignment of exclusive jurisdiction to the courts of the State in which the immovable property was situated in the case of tenancies of immovable property properly so-called, they did not apply where the principal aim of the agreement was of a different nature. | 36. The second type of contracts are those which establish cooperation between public entities with the aim of ensuring that a public task that all of them have to perform is carried out ( Ordine degli Ingegneri della Provincia di Lecce and Others , paragraph 34). | 0 |
11,587 | 21. The Court has held that an importation of goods constitutes an unlawful introduction if it does not comply with the following stages laid down by the Customs Code. First, under Article 38(1) of that code, goods brought into the customs territory of the Community must be conveyed without delay to the designated customs office or to a free zone. Secondly, under Article 40 of that code, when the goods arrive at the customs office they must be presented to customs. ‘Presentation of goods to customs’ is defined in Article 4(19) of that code as the notification to the customs authorities, in the manner laid down, of the arrival of goods at that customs office or at any other place designated or approved (Case C‑195/03 Papismedov and Others [2005] ECR I‑1667, paragraph 26). | 46. In that regard, it must be held that neither the file transmitted to the Court by the referring court nor the observations submitted to the Court contain clear material substantiating the argument that Paragraph 13(3)(1) of the BhV is necessary in order to maintain treatment capacity or medical competence essential for the protection of public health (see, to similar effect, Müller‑Fauré and Van Riet , paragraph 70). | 0 |
11,588 | 67. En vertu d’une jurisprudence constante, une dénaturation alléguée des faits doit ressortir de façon manifeste des pièces du dossier sans qu’il soit nécessaire de procéder à une nouvelle appréciation des faits et des preuves (voir arrêts du 6 avril 2006, General Motors/Commission, C‑551/03 P, Rec. p. I‑3173, point 54; du 21 septembre 2006, JCB Service/Commission, C‑167/04 P, non encore publié au Recueil, point 108, et du 18 janvier 2007, PKK et KNK/Conseil, C‑229/05 P, non encore publié au Recueil, point 37). | 76 Additional security is offered by Article 6 of the Directive, which cites as contrary to ordre public and morality, and therefore excluded from patentability, processes for cloning human beings, processes for modifying the germ line genetic identity of human beings and uses of human embryos for industrial or commercial purposes. The 38th recital of the preamble to the Directive states that this list is not exhaustive and that all processes the use of which offend against human dignity are also excluded from patentability. | 0 |
11,589 | 45. In that respect, the Court notes that Article 73d(1)(b) of the Treaty, amongst other provisions, shows that the effectiveness of financial supervision may be relied upon in order to justify restrictions on the exercise of fundamental freedoms guaranteed by the Treaty (Case C-254/97 Baxter and Others [1999] ECR I-4809, paragraph 18; Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 39). | 39 It follows that in the present case the fight against tax evasion and the effectiveness of fiscal supervision may be relied on under Article 73d(1)(b) of the Treaty to justify restrictions of the free movement of capital between Member States. | 1 |
11,590 | 57
In that regard, it should be borne in mind that Article 169(2) of the Rules of Procedure of the Court of Justice specifies that the pleas in law and legal arguments relied on must identify precisely those points in the grounds of the decision of the General Court which are contested. An appeal that fails to identify which points of the judgment under appeal are being contested and the alleged error of law by the General Court is inadmissible (see, to that effect, judgment of 22 September 2016, NIOC and Others v Council, C‑595/15 P, not published, EU:C:2016:721, paragraphs 95 and 96). | Or, le huitième moyen du pourvoi n’identifie pas les points critiqués de l’arrêt attaqué et ne démontre pas l’erreur de droit
que le Tribunal aurait commise. | 1 |
11,591 | 51
Consequently, there is no connection between, on the one, hand, the operative event for the levy at issue in the cases in the main proceedings and, on the other, the actual production of electricity by wind turbines, and even less the consumption of electricity generated by them (see, by analogy, judgments of 10 June 1999, Braathens, C‑346/97, EU:C:1999:291, paragraphs 22 and 23; of 4 June 2015, Kernkraftwerke Lippe-Ems, C‑5/14, EU:C:2015:354, paragraphs 61 to 65; and of 1 October 2015, OKG, C‑606/13, EU:C:2015:636, paragraphs 31 to 35). | 32. There is therefore no link between, on the one hand, the chargeable event for the tax at issue in the main proceedings, being the theoretical production capacity of the nuclear reactor and, on the other, the amount of electricity actually generated by that reactor. | 1 |
11,592 | 40. For a mark to possess distinctive character within the meaning of that provision it must serve to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from products of other undertakings (see Philips , paragraph 35). | 101 In this case, Solvay did not bring an action against the PVC I decision and the action brought against that decision by Norsk Hydro was declared inadmissible by the order in Norsk Hydro, cited above. | 0 |
11,593 | 97. It is not necessary that the signs and indications composing the mark that are referred to in Article 3(1)(c) of the Directive actually be in use at the time of the application for registration in a way that is descriptive of goods or services such as those in relation to which the application is filed, or of characteristics of those goods or services. It is sufficient, as the wording of that provision itself indicates, that those signs and indications could be used for such purposes. A word must therefore be refused registration under that provision if at least one of its possible meanings designates a characteristic of the goods or services concerned (see to that effect, in relation to the identical provisions of Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), Case C-191/01 P OHIM v Wrigley [2003] ECR I-0000, paragraph 32). | 24 In this case specific experience relating to the work to be carried out was a criterion for determining the technical knowledge and ability of the tenderers . It is therefore a legitimate criterion for checking contractors' suitability under Articles 20 and 26 of the directive . | 0 |
11,594 | 67
However, it is only in circumstances where the action for annulment would unquestionably have been admissible that the Court has held that a person may not plead the invalidity of an act of the European Union before a national court (see, to that effect, judgments of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 17 to 25; of 30 January 1997, Wiljo, C‑178/95, EU:C:1997:46, paragraphs 15 to 25; of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 29 to 40; and of 22 October 2002, National Farmers’ Union, C‑241/01, EU:C:2002:604, paragraphs 34 to 39). In numerous other cases, the Court has held that it was not established that the action would unquestionably have been admissible (see, inter alia, to that effect, judgments of 23 February 2006, Atzeni and Others, C‑346/03 and C‑529/03, EU:C:2006:130, paragraphs 30 to 34; of 8 March 2007, Roquette Frères, C‑441/05, EU:C:2007:150, paragraphs 35 to 48; of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 37 to 52; of 18 September 2014, Valimar, C‑374/12, EU:C:2014:2231, paragraphs 24 to 38; and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraphs 27 to 32). | 31. In that regard, it should be borne in mind that, according to settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16, and Case C‑370/08 Data I/O [2010] ECR I‑0000, paragraph 29). | 0 |
11,595 | 82. In order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered. That does not mean, however, that one may not first examine each of the individual features of the get-up of that mark in turn. It may be useful, in the course of the overall assessment, to examine each of the components of which the trade mark concerned is composed (see, to that effect, Case C-286/04 P Eurocermex v OHIM [2005] ECR I‑5797, paragraphs 22 and 23, and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
11,596 | 48
It must be noted that, although the rules implementing the principle of res judicata are a matter for the national legal order, in accordance with the principle of the procedural autonomy of the Member States, those rules must still comply with the principles of equivalence and effectiveness (see, to that effect, Asturcom Telecomunicaciones, C‑40/08, EU:C:2009:615, paragraph 38 and the case-law cited). | 32. That interpretation is supported by the purpose behind Directive 90/434, which is to eliminate fiscal barriers to cross-border restructuring of undertakings, by ensuring that any increases in the value of shares are not taxed before they are actually realised and by preventing operations involving high levels of capital gains realised on exchanges of shares from being exempt from income tax simply because they are part of a restructuring operation. | 0 |
11,597 | 12. It must be borne in mind, first of all, that, according to settled case-law, although direct taxation is a competence of the Member States, they must none the less exercise it consistently with Community law (see Case C-334/02 Commission v France [2004] ECR I-2229, paragraph 21, and Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 29). | 40. A method of financing public broadcasting bodies such as that in the main proceedings must be assessed in the light of those objectives and in relation to those criteria, which implies that the concept of ‘financed … by the State’ must also receive a functional interpretation. | 0 |
11,598 | 51. With regard to the argument put forward by the Federal Republic of Germany concerning Paragraph 46 of the VwVfG that, where an environmental impact assessment or pre-assessment has been carried out but is vitiated by a procedural defect, it is possible to bring legal proceedings on the conditions laid down in that paragraph, it should be recalled, on the one hand, that provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (judgments in Dillenkofer and Others , C‑178/94, C‑179/94 and C‑188/94 to C‑190/94, EU:C:1996:375, paragraph 48, and Commission v Portugal , C‑277/13, EU:C:2014:2208, paragraph 43), which is not the situation in the present case. | 33. With regard to the first of those conditions, it must be recalled that the concept of ‘employment’ is not defined in Regulation No 1408/71. However as the regulation is not a Community measure harmonising national social security systems but an enactment intended to coordinate those systems, it is clear from its presentation and scheme that the concept of ‘employment’ within the meaning of Article 71(1) must be interpreted by having regard to the definition laid down in national social security legislation. ‘Employment’ within the meaning of Article 71(1) of Regulation No 1408/71 is therefore employment which is regarded as such for the purposes of the application of the social security legislation of the Member State in which it is carried on. | 0 |
11,599 | 58. As A and the Commission pointed out, with regard to national legislation restricting the exercise of one of the freedoms of movement guaranteed by the Treaty, the Court has held that a Member State cannot rely on the fact that it may be impossible to seek cooperation from another Member State in conducting inquiries or collecting information in order to justify a refusal to grant a tax advantage. Indeed, even if it proves difficult to verify the information provided by the taxpayer, in particular due to the limited nature of the exchange of information provided for by Article 8 of Directive 77/799, there is no reason why the tax authorities concerned should not request from the taxpayer the evidence that they consider they need to effect a correct assessment of the taxes and duties concerned and, where appropriate, refuse the exemption applied for if that evide nce is not supplied (see, to that effect, Case C-204/90 Bachmann [1992] ECR I-249, paragraph 20; Case C‑150/04 Commission v Denmark [2007] ECR I‑1163, paragraph 54; and Case C-451/05 ELISA [2007] ECR I-0000, paragraphs 94 and 95). | 9 However, it should be noted that workers who have carried on an occupation in one Member State and who are subsequently employed, or seek employment, in another Member State will normally have concluded their pension and life assurance contracts or invalidity and sickness insurance contracts with insurers established in the first State. It follows that there is a risk that the provisions in question may operate to the particular detriment of those workers who are, as a general rule, nationals of other Member States. | 0 |
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