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12,100 | 35. Second, restriction of the sector in which the comparison is to be made falls within the appraisal of the facts. As is clear from Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal lies on a point of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus does not, save where they distort the evidence, which is not claimed in this case, 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 Mag Instrument v OHIM , paragraph 39). | 75. Thus, a Member State might see a risk that some parts of its territory will be left with too few pharmacies and that, as a consequence, the provision of medicinal products might well not be reliable and of good quality. | 0 |
12,101 | 103
It must be recalled that the concept of restriction of competition ‘by object’ must be interpreted narrowly and can be applied only to certain types of coordination between undertakings which reveal a sufficient degree of harm to competition that it may be found that there is no need to examine their effects. Certain forms of coordination between undertakings can be regarded, by their very nature, as being harmful to the proper functioning of normal competition (see, inter alia, judgments of 26 November 2015, Maxima Latvija, C‑345/14, EU:C:2015:784, paragraph 17, and of 20 January 2016, Toshiba Corporation v Commission, C‑373/14 P, EU:C:2016:26, paragraph 26). | 26. That interpretation would, moreover, be contrary to the objective pursued by Regulation No 2201/2003. As is clear from Recitals 4 and 8 in the preamble to Regulation No 1347/2000, whose provisions on the jurisdiction to hear questions relating to divorce are essentially repeated in Regulation No 2201/2003, the latter regulation aims to lay down uniform conflict of law rules for divorce in order to ensure a free movement of persons which is as wide as possible. Consequently, Regulation No 2201/2003 applies also to nationals of non‑Member States whose links with the territory of a Member State are sufficiently close, in keeping with the grounds of jurisdiction laid down in that regulation, grounds which, according to Recital 12 in the preamble to Regulation No 1347/2000, are based on the rule that there must be a real link between the party concerned and the Member State exercising jurisdiction. | 0 |
12,102 | 86. As regards the first part of the third ground of appeal, the Commission submits, referring to the judgment in Elliniki Nafpigokataskevastiki and Others v Commission (T‑384/08, EU:T:2011:650, paragraphs 66 to 68), that the absence of an advantage to the purchaser does not exclude the presence of an advantage to the purchased business. Moreover, in the judgment in Commission v Scott (C‑290/07 P, EU:C:2010:480, paragraphs 5 to 11, 25 and 26), the finding that aid was granted to an undertaking was unaffected by the purchase of the shares of that undertaking by another undertaking or by the purchase of the assets constructed by means of that aid by a third undertaking. It follows that the fact that a purchaser pays a market price and thus does not itself benefit from aid is not relevant to the assessment of whether the purchased entity received aid. | 45. The European Union legislature, moreover, also accorded particular importance to the provision of information to the consumer in the context of Directive 2003/55, in other words specifically in relation to contracts for the supply of gas. Thus Directive 2003/55, by virtue of Article 3(3), requires the Member States to ensure a high level of consumer protection with respect to transparency regarding contractual terms and conditions. In this respect, it is apparent from points (a), (c) and (d) of Annex A to that directive that the Member States are obliged in particular to adopt measures to ensure that those terms and conditions are fair and transparent, are stated in clear and comprehensible language and are notified to consumers before the contract is concluded, and that consumers receive transparent information on applicable prices and tariffs and on standard terms and conditions. The annex also specifies that the measures it mentions apply without prejudice to Directive 93/13. | 0 |
12,103 | 31 As the Court has consistently held, Article 177 of the Treaty is based on a distinct separation between the functions of national courts and tribunals and those of the Court of Justice, and does not give the Court jurisdiction to ascertain the facts of a case or to criticise the reasons for a reference. When a national court or tribunal seeks a ruling on the interpretation of a provision of Community law, it is to be supposed that it considers that interpretation necessary to enable it to give judgment in the action (Case 5/77 Tedeschi v Denkavit [1977] ECR 1555, paragraphs 17 and 18). | 35 AS REGARDS THE QUESTION WHETHER , BY VIRTUE OF GENERAL RULE A 3 ( B ), GOODS IMPORTED TOGETHER IN A SINGLE PACKAGE CONSTITUTE ' GOODS PUT UP IN SETS ' , IT SHOULD BE NOTED THAT THAT EXPRESSION IMPLIES THAT THE GOODS ARE CLOSELY LINKED FROM THE MARKETING POINT OF VIEW , WITH THE RESULT THAT THEY ARE NOT ONLY PRESENTED TOGETHER FOR CUSTOMS CLEARANCE BUT ARE ALSO NORMALLY SUPPLIED TOGETHER , AT THE VARIOUS MARKETING STAGES AND IN PARTICULAR THE RETAIL STAGE , IN A SINGLE PACKAGE IN ORDER TO SATISFY A DEMAND OR TO PERFORM A SPECIFIC FUNCTION .
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12,104 | 26. The Court has also held that it accords with the scheme of Directive 80/987 that the competent guarantee institution, except where it is fully financed by the public authorities, is the one which levied, or at all events should have levied, the insolvent employer’s contributions (see, to that effect, Mosbæk , paragraphs 24 and 25). | 53. By proceeding in that manner, the Court of First Instance did not err in law. | 0 |
12,105 | 48. In the area of agriculture, the European Union legislature enjoys, inter alia, such a broad discretion, corresponding to the political responsibilities given to it by Articles 40 TFEU to 43 TFEU. Consequently, review by the Court is limited to verifying whether that legislature has manifestly exceeded the limits of its discretion (see, to that effect, Case C‑221/09 AJD Tuna [2011] ECR I‑1655, paragraph 80, and Case C‑545/11 Agrargenossenschaft Neuzelle [2013] ECR I‑0000, paragraph 43). | 67 The submission alleging incorrect assessment of the interests of the Community must therefore be rejected .
Inadequate statement of the reasons for the rejection of the undertaking offered by Gestetner | 0 |
12,106 | 25. Article 107(1) TFEU makes that incompatibility subject to the confirmation that four conditions have been met. First, there must be an intervention by the State or through State resources. Second, the intervention must be liable to affect trade between Member States. Third, it must confer an advantage on the recipient. Fourth, it must distort or threaten to distort competition ( Pearle and Others , paragraph 33 and the case-law cited). | 25. Toutefois, ainsi qu’il a été constaté aux points 18 à 21 du présent arrêt, à l’expiration du délai imparti dans l’avis motivé, les agglomérations d’Igoumenitsa, d’Héraklion (Crète), de Naupacte, de Parikia (Paros), de Thessalonique (zone touristique) et de Zante ne disposaient pas de systèmes permettant de collecter la totalité des eaux urbaines résiduaires rejetées par ces agglomérations. L’obligation de soumettre la totalité des rejets à un traitement secondaire ou équivalent, prévue à l’article 4, paragraphe 1, de la directive 91/271, n’était donc a fortiori pas remplie (voir, en ce sens, arrêt du 19 avril 2007, Commission/Espagne, C‑219/05, non publié au Recueil, points 19, 20 et 23). | 0 |
12,107 | 97. Since the chapter of the Treaty on freedom of establishment does not contain any provision which extends the application of its provisions to situations concerning the establishment of a company of a Member State in a third country or the establishment of a company of a third country in a Member State (see Holböck , paragraph 28; Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraph 25; Scheunemann , paragraph 33; the order in Case C‑102/05 A and B [2007] ECR I‑3871, paragraph 29; and the order in Test Claimants in the CFC and Dividend Group Litigation , paragraph 88), legislation relating to the tax treatment of dividends originating in third countries is not capable of falling within the scope of Article 49 TFEU. | 69 It is clear from the terms of Article 17(4) of that directive that the reference period may in no circumstances exceed 12 months. It is therefore possible to determine the minimum protection which must be provided in any event. | 0 |
12,108 | 66. Concerning, first, the question whether Deutsche Post is directly concerned by the act at issue, with is addressed to the Federal Republic of Germany, it follows from settled case‑law that in order to satisfy that requirement two cumulative criteria must be met, namely, first, the contested Community measure must directly affect the legal situation of the individual and, second, it must leave no discretion to its addressees, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from EU rules without the application of other intermediate rules (Joined Cases C‑445/07 P and C‑455/07 P Commission v Ente per le Ville Vesuviane and Ente per le Ville Vesuviane v Commission [2009] ECR I‑7993, paragraph 45 and case-law cited). | 32. En outre, une fois établie l’existence d’un intérêt transfrontalier certain concernant l’attribution d’une concession de services donnée, l’obligation de transparence qui s’impose à l’autorité concédante bénéficie à tout soumissionnaire potentiel (voir, en ce sens, arrêt du 13 avril 2010, Wall, C‑91/08, Rec. p. I‑2815, point 36), fût-il établi dans le même État membre que cette autorité. | 0 |
12,109 | 16 As the Court has stated in its judgments in Case 352/85 Bond van Adverteerders v Netherlands State ([1988] ECR 2085, paragraphs 32 to 34) and in Collectieve Antennevoorziening Gouda (paragraph 10) and Commission v Netherlands (paragraph 15), previously cited, national rules which are not applicable to services without distinction whatever their origin are compatible with Community law only if they can be brought within the scope of an express derogation such as Article 56 of the Treaty, to which Article 66 refers. It may also be seen from those judgments that objectives of an economic nature cannot constitute grounds of public policy within the meaning of that article. | 22 A CET EGARD, IL Y A LIEU DE RAPPELER QUE LE PRINCIPE DE LA PROTECTION DE LA CONFIANCE LEGITIME FAIT PARTIE DE L' ORDRE JURIDIQUE COMMUNAUTAIRE ( VOIR ARRET DU 3 MAI 1978, TOEPFER, 112/77, REC . P . 1019 ) ET QUE LE RESPECT DES PRINCIPES GENERAUX DU DROIT COMMUNAUTAIRE S' IMPOSE A TOUTE AUTORITE NATIONALE CHARGEE D' APPLIQUER LE DROIT COMMUNAUTAIRE ( VOIR ARRET DU 27 SEPTEMBRE 1979, ERIDANIA, 230/78, REC . P . 2749 ). EN CONSEQUENCE, L' AUTORITE NATIONALE CHARGEE D' APPLIQUER LE REGIME DES RESTITUTIONS A L' EXPORTATION DANS LE CADRE DE L' ORGANISATION COMMUNE DES MARCHES AGRICOLES EST TENUE DE RESPECTER LE PRINCIPE DE LA PROTECTION DE LA CONFIANCE LEGITIME DES OPERATEURS ECONOMIQUES . | 0 |
12,110 | 25 In the first part of the second limb of the plea, Mr Lucaccioni takes issue with the finding of the Court of First Instance in paragraph 73 et seq. of the judgment under appeal that the amount paid under Article 73 of the Staff Regulations was appropriate compensation for the harm suffered. The request made by Mr Lucaccioni was not the same as a request under Article 73 of the Staff Regulations. It was an additional request for compensation based on different grounds and subject to different compensation criteria. The Court of First Instance was therefore wrong to hold in paragraph 74 of the judgment under appeal that the judgment in Case 152/77 B v Commission [1979] ECR 2819 concerned a different issue and could not be relied on in order to limit the scope of Leussink and Others v Commission, whereas, in B v Commission, the Court of Justice defined, in principle, the scope and purpose of the benefits authorised by Article 73 of the Staff Regulations as being benefits intended exclusively to compensate for the impairment of an official's bodily or mental health, but not the material harm for which he claims compensation. | 18 THE INFORMATION PROVIDED TO THE COURT JUSTIFIES THE FINDING THAT THE EXTREMELY SERIOUS INJURIES SUSTAINED BY MR LEUSSINK HAVE HAD CONSEQUENCES WHICH WERE NOT ONLY ECONOMIC , PARTICULARLY AS FAR AS HIS FAMILY AND SOCIAL RELATIONSHIPS ARE CONCERNED . SUCH CONSEQUENCES CONSTITUTE NON-MATERIAL DAMAGE GIVING RISE TO ENTITLEMENT TO COMPENSATION . NONE OF THE DOCUMENTS LAID BEFORE THE COURT CAST DOUBT ON THE EXISTENCE OF A CAUSAL LINK BETWEEN THE ACCIDENT AND THAT INJURY . AS FAR AS MR LEUSSINK ' S APPLICATION IS CONCERNED , IT THEREFORE MERELY REMAINS TO CONSIDER WHETHER , AND IF SO TO WHAT EXTENT , THE BENEFITS PAID UNDER THE INSURANCE SCHEME PROVIDED FOR BY THE STAFF REGULATIONS CONSTITUTE APPROPRIATE COMPENSATION .
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12,111 | 11 As the Court held in its judgment in Case 352/85 Bond van Adverteerders [1988] ECR 2085, at paragraphs 32 and 33, national rules which are not applicable to services without discrimination as regards their origin are compatible with Community law only if they can be brought within the scope of an express exemption, such as that contained in Article 56 of the Treaty. It also appears from that judgment (paragraph 34) that economic aims cannot constitute grounds of public policy within the meaning of Article 56 of the Treaty. | Toutefois, il y a lieu de rappeler que, si les motifs d’une décision du Tribunal révèlent une violation du droit de l’Union, mais que le dispositif de celle-ci apparaît fondé pour d’autres motifs de droit, une telle violation n’est pas de nature à entraîner l’annulation de cette décision (voir, en ce sens, arrêts du 9 juin 1992, , C‑30/91 P, EU:C:1992:252, point 28, ainsi que du 9 septembre 2008, , C‑120/06 P et C‑121/06 P, EU:C:2008:476, point 187). | 0 |
12,112 | 50
The Federal Republic of Germany recalls that the Court has previously held that a tax concession in favour of taxpayers who sell certain financial assets and can offset the resulting profit when they acquire other financial assets confers on them an advantage which, as a general measure applicable without distinction to all economic operators, cannot be classified as State aid (judgment of 19 September 2000, Germany v Commission, C‑156/98, EU:C:2000:467, paragraph 22). | 23 Accordingly, it should be stated in reply to the first question that an article is to be considered to be imported unassembled or disassembled where the component parts, that is the parts which may be identified as components intended to make up the finished product, are all presented for customs clearance at the same time, and no account is to be taken in that regard of the assembly technique or the complexity of the assembly method.
Questions 2 and 3 | 0 |
12,113 | 18 In order to combat those abuses, the competent authorities of the Member States are entitled, under the fourth subparagraph of Article 5(1) of Regulation No 3665/87, to require additional evidence such as to satisfy them that the product has actually been placed on the market in the non-member country of import in the unaltered state. Such evidence may be required where there is suspicion or proof that abuses have been committed (see Case C-347/93 Boterlux [1994] ECR I-3933, paragraphs 25 and 27). | 62 Moreover, that is the reason why the Commission stated at the hearing that the Belgian Government had fulfilled its obligations under the contested measure in regard to the recovery of the aid since, after the dismissal of its application for interim measures by the President of the Court, the Belgian Government sought to have its debt registered as one of Tubemeuse' s unsecured liabilities and lodged an appeal against the judgment rejecting that application . | 0 |
12,114 | 18 In the case of contracts of employment, however, abandonment of the criterion of reference to the law applicable to the contract for the purpose of determining the place of performance and preferring the place where the acts constituting performance of the relevant obligation were localised could be justified by the particular characteristics of this type of contract (see Mulox IBC, paragraph 15). These had already led the Court to hold that, in the case of such contracts, the obligation to be taken into consideration for the purpose of applying Article 5(1) of the Brussels Convention is always the obligation which characterises the contract, namely the employee's obligation to carry out the work stipulated (see, in particular, Case 133/81 Ivenel v Schwab [1982] ECR 1891, paragraph 20, and Mulox IBC, paragraph 14). | 33. Therefore, such an assessment is within the exclusive jurisdiction of the national courts which are called on to apply such a provision, and which have no choice but to give due effect to that immunity if they find that the opinions or votes at issue were expressed or cast in the exercise of parliamentary duties. | 0 |
12,115 | 40. It should be recalled that the aim of the provisions of Regulation No 1408/71 which determine the legislation applicable to workers moving within the Community is in particular to ensure that the persons concerned shall, in principle, be subject to the social security scheme of only one Member State in order to prevent more than one system of national legislation from being applicable and to avoid the complications which may result from that situation. That principle is expressed in particular in Article 13(1) of Regulation No 1408/71 (see to that effect, inter alia, Case 302/84 Ten Holder [1986] ECR 1821, paragraphs 19 and 20, and Bosmann , paragraph 16). | 30. La Cour a également précisé que, dès l’acquittement d’une taxe d’immatriculation dans un État membre, le montant de cette taxe s’incorpore dans la valeur du véhicule. Ainsi, lorsqu’un véhicule immatriculé dans l’État membre concerné est, par la suite, vendu en tant que véhicule d’occasion dans ce même État membre, sa valeur marchande comprend le montant résiduel de la taxe d’immatriculation et sera égale à un pourcentage, déterminé par la dépréciation de ce véhicule, de sa valeur initiale (arrêt du 5 octobre 2006, Nádasdi et Németh, C‑290/05 et C‑333/05, Rec. p. I‑10115, point 54). | 0 |
12,116 | 10 It is settled case-law that Article 6 of the Treaty which lays down the general principle of the prohibition of discrimination on grounds of nationality, applies independently only to situations governed by Community law in respect of which the Treaty lays down no specific prohibition of discrimination (see in particular Case C-193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 20). | La Cour a précisé qu’une dégradation de l’environnement est inhérente à la présence de déchets dans une décharge, quelle que soit la nature des déchets en cause (voir, en ce sens, arrêt du 10 juin 2010, Commission/Portugal, C‑37/09, non publié, EU:C:2010:331, point 37 et jurisprudence citée). | 0 |
12,117 | 28. In that connection, the Court has already held, when it interpreted the concept of ‘fair compensation’ in relation to reproduction for private use under article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), that the purpose of fair compensation is to compensate authors ‘adequately’ for the use made of their protected works without their authorisation, with the result that it must be regarded as recompense for the harm suffered by the author as a consequence of the act of reproduction (see, to that effect, Case C‑467/08 Padawan [2010] ECR I‑0000, paragraphs 39 and 40). | 40. It is clear from those provisions that the notion and level of fair compensation are linked to the harm resulting for the author from the reproduction for private use of his protected work without his authorisation. From that perspective, fair compensation must be regarded as recompense for the harm suffered by the author. | 1 |
12,118 | 24 In its judgment in NTN Corporation and Koyo Seiko v Council, the Court of First Instance upheld the actions brought by those undertakings within the limits of the forms of order sought from it, that is to say, by annulling Article 1 of Regulation No 2849/92 only in so far as it imposed anti-dumping duties on NTN Corporation and Koyo Seiko, in accordance with the case-law which states that, since it would be ultra vires for the Community judicature to rule ultra petita (see Joined Cases 46/59 and 47/59 Meroni v High Authority [1962] ECR 411, at page 419, and Case 37/71 Jamet v Commission [1972] ECR 483, paragraph 12), the scope of the annulment which it pronounces may not go further than that sought by the applicant (Case C-310/97 P Commission v AssiDomän Kraft Products and Others [1999] ECR I-5363, paragraph 52). | 25
In this regard, it should be noted that Article 98(3) of the VAT Directive provides that Member States may use the CN when applying the reduced rates to categories of goods to establish the precise coverage of the category concerned. However, it must be noted that use of the CN is just one of a number of ways to establish the precise coverage of the category concerned. | 0 |
12,119 | 36. Accordingly, it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the legal order of the Union, be moved to restrict for any person concerned the opportunity of relying on a provision which it has interpreted with a view to calling in question legal relationships established in good faith. Two essential criteria must be fulfilled before such a limitation can be imposed, namely that those concerned should have acted in good faith and that there should be a risk of serious difficulties (see, inter alia, Case C‑313/05 Brzeziński [2007] ECR I-513, paragraph 56, and Case C‑73/08 Bressol and Others [2010] ECR I-0000, paragraph 91). | 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 |
12,120 | 35. According to settled case-law, the only commercial practices which can be regarded by national law as unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the Directive are those listed in Annex I to the Directive. Consequently, a practice not covered by that annex may be declared unfair only after an examination of its unfairness in accordance with the criteria set out in Articles 5 to 9 (see, to that effect, Case C-304/08 Plus Warenhandelsgesellschaft [2010] ECR I-217, paragraphs 41 to 45, and Mediaprint Zeitungs- und Zeitschriftenverlag , paragraphs 30 to 34). | 17IT WOULD ONLY BE OTHERWISE IF THE CONDITIONS FOR THE ACQUISITION OR RETENTION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY COULD IN FACT BE FULFILLED ONLY BY NATIONALS OR IF THE CONDITIONS FOR LOSS OR SUSPENSION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY WOULD IN FACT MORE EASILY BE SATISFIED BY NATIONALS OF OTHER MEMBER STATES THAN BY THOSE OF THE STATE OF THE COMPETENT INSTITUTION .
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12,121 | 44. Legislation which makes the establishment in the host Member State of an economic operator from another Member State subject to the issue of a prior authorisation and allows self-employed activity to be pursued only by certain economic operators who satisfy predetermined requirements, compliance with which is a condition for the issue of that authorisation, constitutes a restriction within the meaning of Article 43 EC. Such legislation deters or even prevents economic operators from other Member States from pursuing their activities in the host Member State through a fixed place of business (see, to this effect, Hartlauer , paragraphs 34, 35 and 38). | 29. Furthermore, that customs value must reflect the real economic value of imported goods and take into account all of the elements of those goods that have economic value (see Case C‑306/04 Compaq Computer International Corporation [2006] ECR I‑10991, paragraph 30, and Mitsui & Co. Deutschland , paragraph 20). | 0 |
12,122 | 48. Il s’ensuit que, contrairement à ce que prétend la Commission, une interprétation purement littérale du régime particulier des agences de voyages fondée sur le texte d’une ou de plusieurs versions linguistiques, à l’exclusion des autres, ne saurait prévaloir. Conformément à une jurisprudence constante, il y a lieu de considérer que les dispositions du droit de l’Union doivent être interprétées et appliquées de manière uniforme à la lumière des versions établies dans toutes les langues de l’Union. En cas de disparité entre les diverses versions linguistiques d’un texte de l’Union, la disposition en cause doit être interprétée en fonction de l’économie générale et de la finalité de la réglementation dont elle constitue un élément (arrêt du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31). | 39. It is common ground that the applicant in the main proceedings is a national of a Member State and, in her capacity as citizen of the Union, has made use of the freedom to move to and reside in another Member State. She is therefore entitled to rely on the freedoms conferred by Article 21 TFEU on all citizens of the Union. | 0 |
12,123 | 34. Article 33 of the Sixth Directive does not, on the other hand, preclude the maintenance or introduction of a tax which does not display one of the essential characteristics of VAT ( Solisnor-Estaleiros Navais , paragraphs 19 and 20). | 45 Van der Kooy v Commission and CIRFS and Others v Commission, cited above, thus concerned particular situations in which the applicant occupied a clearly circumscribed position as negotiator which was intimately linked to the actual subject-matter of the decision, thus placing it in a factual situation which distinguished it from all other persons. | 0 |
12,124 | 30 So, the mere fact that the maintenance work carried out by the cleaning firm and the work then carried out itself by the undertaking which owns the premises is similar does not justify the conclusion that there has been a transfer of an economic entity between the two undertakings. Such an entity cannot be reduced to the activity entrusted to it. Its identity also emerges from other factors, such as its workforce, its management staff, the way in which its work is organised, its operating methods or indeed, where appropriate, the operational resources available to it (Süzen, cited above, paragraph 15). | 89. The tax treatment of dividends may fall within Article 49 TFEU on freedom of establishment and Article 63 TFEU on the free movement of capital ( Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 33, and Accor , paragraph 30). | 0 |
12,125 | 57. It must none the less be made clear that, although such a situation cannot lead to acceptance of practices which are likely further to exacerbate the adverse effects on competition, it nevertheless means that when the level of the penalty is set the conduct of the undertakings concerned may be assessed in the light of the national legal framework, which is a mitigating factor (see, to that effect, Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraph 620). | 55. In that connection, however, the Court has held that fundamental rights do not constitute unfettered prerogatives and may be subject to restrictions, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not constitute, with regard to the objectives pursued, a manifest and disproportionate breach of the rights thus guaranteed (see, to that effect, Case C-28/05 Dokter and Others [2006] ECR I-5431, paragraph 75; Case C-394/07 Gambazzi [2009] ECR I-2563, paragraph 29; and Joined Cases C-317/08 to C-320/08 Alassini [2010] ECR I-2213, paragraph 63). | 0 |
12,126 | 56. It should be recalled in this connection that the EU legislature, in adopting Directive 2003/4, intended to ensure the compatibility of EU law with the Aarhus Convention by providing for a general scheme to ensure that any natural or legal person in a Member State has a right of access to environmental information held by or on behalf of public authorities, without that person having to state an interest (judgment in Fish Legal and Shirley , C‑279/12, EU:C:2013:853, paragraph 36 and the case-law cited). The existence of effective administrative and judicial review of the making of a charge for supplying such information is intrinsically linked to the realisation of that objective. F urthermore, that review must necessarily relate to whether the public authority has complied with the two conditions in Article 5(2) of that directive, identified in paragraph 29 above. | 75. While the measure at issue in the main proceedings enables an employee to ascend in step in the salary group to which he belongs as his age advances and hence his length of service increases, it is clear that, on his appointment, the initial classification in a particular step in a particular salary group of an employee with no professional experiences is based purely on his age. | 0 |
12,127 | 9 The Court has consistently held that the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that in other cases are carried on by what is, also from a legal point of view, a single entity (Case 250/85 Brother v Council [1988] ECR 5683, paragraph 16; and in Case C-175/87 Matsushita v Council [1992] ECR I-1409, paragraph 12). | 55. For the purpose of ruling on the merits of the second ground, it must first be pointed out that it is clear from the very wording of the first subparagraph of Article 3(1) of Directive 90/313 that information relating to the environment must be made available to any person at his request and without his having to prove an interest, and that this obligation lies with public authorities, "save as provided in this article" . | 0 |
12,128 | 41. Provisions of national law which apply to the possession by nationals of one Member State of holdings in the capital of a company established in another Member State allowing them to exert a definite influence on that company’s decisions and to determine its activities fall within the ambit ratione materiae of Article 43 EC on freedom of establishment (see, in particular, Case C‑251/98 Baars [2000] ECR I‑2787, paragraph 22, and Case C‑326/07 Commission v Italy , paragraph 34). | 83. Such an action is not part of the system of review of the legality of Community acts with legal effects which are binding on, and capable of affecting the interests of, the applicant, but it is available where a party has suffered harm on account of unlawful conduct by an institution. | 0 |
12,129 | 20 On that point, it should first be noted that Article 6(1) of Decision No 1/80 is confined to regulating the situation of the Turkish worker with respect to employment, and makes no reference to his situation as far as the right of residence is concerned (see the judgment in Sevince, paragraph 28). | 52. It follows from the foregoing that the EU legislature could reasonably take the view that Article 80(1) of Regulation No 528/2012 confers on the Commission the power, not to supplement certain non-essential elements of that legislative act, but to provide further detail in relation to the normative content of that act, in accordance with Article 291(2) TFEU. | 0 |
12,130 | 36. Consequently, although it is open to the Member States, as has been pointed out in paragraph 32 of this judgment, to introduce an exception in respect of ephemeral recordings into their domestic law, an interpretation according to which Member States which, exercising that option afforded to them by European Union law, have introduced an exception of that kind, are free to determine, in an un‑harmonised manner, the limits thereof, inter alia as regards the facilities used to make those ephemeral recordings, would be contrary to the objective of that directive as set out in the preceding paragraph, inasmuch as the limits of that exception could vary from one Member State to another and would therefore give rise to potential inconsistencies (see, by analogy, concerning the concept of ‘fair compensation’ referred to in Article 5(2)(b) of Directive 2001/29, Case C‑467/08 Padawan [2010] ECR I‑10055, paragraphs 34 to 36). | 63 It should be noted in that regard that the applicant did not merely oppose specific measures, which, in its view, went beyond the powers of the Commission' s officials; it refused to cooperate in any way in the implementation of the decision addressed to it ordering the investigation . | 0 |
12,131 | 59. According to settled case-law, an infringement of the first paragraph of Article 110 TFEU occurs when the tax on the imported product and the tax on the similar domestic product are calculated in a different way and under different conditions so that the imported product, even if only in certain cases, is more heavily taxed. Thus, under that provision, an excise duty must not affect products originating from other Member States more onerously than similar domestic products (judgment in Brzeziński , C‑313/05, EU:C:2007:33, paragraph 29 and the case-law cited). | 87. Ainsi que la Cour l’a jugé à maintes reprises, un acte n’est entaché de détournement de pouvoir que s’il apparaît, sur la base d’indices objectifs, pertinents et concordants, avoir été pris exclusivement, ou à tout le moins de manière déterminante, à des fins autres que celles dont il est excipé ou dans le but d’éluder une procédure spécialement prévue par le traité pour parer aux circonstances de l’espèce (voir en ce sens, notamment, arrêts du 14 mai 1998, Windpark Groothusen/Commission, C‑48/96 P, Rec. p. I‑2873, point 52, et du 7 septembre 2006, Espagne/Conseil, C‑310/04, Rec. p. I‑7285, point 69). | 0 |
12,132 | 39. The Austrian Government ' s argument that, in the absence of a mathematically certain method of calculating tolls or user charges, Articles 7(b) of Directive 93/89 and 7(4) of Directive 1999/62 may not be relied upon cannot be accepted. According to the Court ' s settled case-law, discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (see, in particular, Commission v Austria , paragraph 70). That criterion is sufficient to establish whether the prohibition of discrimination laid down in those provisions has been infringed in the case in the main proceedings, by making a comparison of the tolls charged for the various journeys under consideration ( Commission v Austria , paragraphs 79 to 88, 112 and 115). | 51. Having regard to the foregoing, it must be recalled that according to settled case-law, the meaning and scope of terms for which European Union law provides 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 (see to that effect, in particular, Case C-549/07 Wallentin-Hermann [2008] ECR I-11061, paragraph 17, and Ziolkowski , paragraph 34). | 0 |
12,133 | 13 In Neckermann Versand, the Court stated in paragraph 7 that in the absence of a definition of `pyjamas' in the Combined Nomenclature in force in 1988 and 1989, in the versions resulting from Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), and from Regulation No 3174/88, as well as from the Explanatory Notes to the Combined Nomenclature and the Harmonized System, the objective characteristic of pyjamas, which was capable of distinguishing it from all other ensembles, could be sought only in the use for which pyjamas were intended, that is to say to be worn in bed as nightwear. | 45 That argument must be rejected. It must be observed that Member States may not plead their late implementation of a directive as justification for failure to fulfil, or late fulfilment of, other obligations imposed by the directive (see Case C-274/98 Commission v Spain [2000] ECR I-2823, paragraph 22). | 0 |
12,134 | 34. The Court has also held that if, on the other hand, the applicant calls into question the merits of the decision appraising the aid as such, the mere fact that he may be regarded as ‘concerned’ within the meaning of Article 88(2) EC cannot suffice for the action to be considered admissible. He must then demonstrate that he enjoys a particular status within the meaning of the Plaumann judgment. That is the case in particular where the applicant’s market position is substantially affected by the aid which is the subject of the decision at issue (Case 169/84 Cofaz and Others v Commission [1986] ECR 391, paragraphs 22 to 25; Aktionsgemeinschaft Recht und Eigentum , paragraph 37; Joined Cases C‑75/05 P and C‑80/05 P Germany and Others v Kronofrance [2008] ECR I‑0000, paragraph 40; and British Aggregates , paragraph 35). | 44 In summary, it is clear from the foregoing that the amount of benefits and the amount of contributions, which are two essential elements of the scheme managed by the INAIL, are subject to supervision by the State and that the compulsory affiliation which characterises such an insurance scheme is essential for the financial balance of the scheme and for application of the principle of solidarity, which means that benefits paid to insured persons are not strictly proportionate to the contributions paid by them. | 0 |
12,135 | 23
By the first part of the second ground, NIOC cites paragraph 65 of the judgment in Parliament v Council (C‑130/10, EU:C:2012:472), which states that Article 215(2) TFEU is intended to constitute the legal basis of restrictive measures, and argues that that provision constitutes the only legal basis for the adoption of individual restrictive measures, for it sets out the procedure for adopting acts establishing such measures. According to NIOC, this is the sole legal basis provided for in Title IV of Part Five of the FEU Treaty relating to restrictive measures. However, Article 291(2) TFEU is found in Part Six of the FEU Treaty, which provides general rules which may not derogate from the special rules in Title IV of Part Five of the FEU Treaty. | 43. À cet égard, il convient de rappeler que, aux fins de définir le champ d’application des directives en matière de marchés publics, la Cour a consacré une interprétation extensive de la notion de marché public qui englobe les accords-cadres. Selon la Cour, un accord-cadre doit être considéré comme un «marché public» au sens de la directive concernée, dans la mesure où il confère une unité aux divers marchés spécifiques qu’il régit (voir, en ce sens, arrêt du 4 mai 1995, Commission/Grèce, C-79/94, Rec. p. I-1071, point 15). | 0 |
12,136 | 13. The Court has also held that the investment, however small, of a private undertaking in the capital of an undertaking of which the awarding authority also forms part prevents, in any event, the awarding authority from being able to exercise a control over it similar to that which it exercises over its own departments, given that any private capital investment in an undertaking follows considerations proper to private interests and pursues objectives of a different kind from those pursued by a public authority (see Case C‑26/03 Stadt Halle and RPL Lochau EU:C:2005:5, paragraphs 49 and 50).
Portuguese law | 49. In accordance with the Court’s case-law, it is not excluded that there may be other circumstances in which a call for tenders is not mandatory, even though the other contracting party is an entity legally distinct from the contracting authority. That is the case where the public authority which is a contracting authority exercises over the separate entity concerned a control which is similar to that which it exercises over its own departments and that entity carries out the essential part of its activities with the controlling public authority or authorities (see, to that effect, Teckal , paragraph 50). It should be noted that, in the case cited, the distinct entity was wholly owned by public authorities. By contrast, the participation, even as a minority, of a private undertaking in the capital of a company in which the contracting authority in question is also a participant excludes in any event the possibility of that contracting authority exercising over that company a control similar to that which it exercises over its own departments. | 1 |
12,137 | 68. In the context of external Community transit, the customs authorities are in a position to calculate the amount of duties and to identify the debtor at the latest upon the expiry of the three-month time-limit referred to in Article 379(2) of the Implementing Regulation, that is to say, by the end of the 14th month following the date of registration of the Community transit declaration (see Commission v Netherlands , paragraph 71). Consequently, the Community’s entitlement to the own resources must be established no later than that date. | 71. Under Articles 217(1), 218(3), and 219 of the Customs Code, the entry in the accounts of the amount relating to customs debts such as those contemplated in the present action must take place within two days, which may be extended to but not exceed 14 days in all. In addition, the debtor must be informed of the amount of those debts as soon as it has been entered in the accounts, pursuant to Article 221(1) of the Customs Code. That time-limit starts to run from the date when the customs authorities have the necessary particulars and, therefore, are in a position to calculate the amount of duties and determine the debtor. Moreover, contrary to the position advocated by the Netherlands Government, this is precisely the case at the latest upon the expiry of the three-month time-limit referred to in Article 379(2) of the implementing regulation. | 1 |
12,138 | 41. The protection of the child is also enshrined in instruments drawn up within the framework of the European Union, such as the Charter of fundamental rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1), Article 24(1) of which provides that children have the right to such protection and care as is necessary for their well-being (see, to that effect, Parliament v Council , paragraph 58). Furthermore, the Member States’ right to take the measures necessary for reasons relating to the protection of young persons is recognised by a number of Community-law instruments, such as Directive 2000/31. | 49. It is thus for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see, inter alia, Case C‑435/97 WWF and Others [1999] ECR I‑5613, paragraph 32). | 0 |
12,139 | 22. In order to reply to that question, it should be recalled, at the outset, that the objective of the obligation on applicants seeking marketing authorisation for a medicinal product, to attach to the application the results of toxicological and pharmacological tests, and clinical trials, referred to in Article 8(3)(i) of Directive 2001/83, is to provide proof of the safety and efficacy of a medicinal product (see, to that effect, Case C‑440/93 Scotia Pharmaceuticals [1995] ECR I‑2851, paragraph 17, and Case C‑368/96 Generics (UK) and Others [1998] ECR I‑7967, paragraph 23). | 18. The German, Irish and Netherlands Governments contend that Member States are required to make good loss or damage caused to individuals only where the provisions breached are not directly effective: in Francovich and Others the Court simply sought to fill a lacuna in the system for safeguarding rights of individuals. In so far as national law affords individuals a right of action enabling them to assert their rights under directly effective provisions of Community law, it is unnecessary, where such provisions are breached, also to grant them a right to reparation founded directly on Community law. | 0 |
12,140 | 40. With regard to the interpretation of Directive 2002/14 proposed by the French Government, to the effect that Article 3(1) of the Directive does not prohibit Member States from instituting, as is the case of the provision at issue in the main proceedings, methods for the calculation of thresholds of employees which may go as far as temporarily excluding certain categories of employee, inasmuch as that exclusion is justified on the basis of an objective of general interest constituted by the promotion of employment of young people and complies with the principle of proportionality, it is sufficient to note that such an interpretation is incompatible with Article 11(1) of Directive 2002/14, which requires Member States to take all necessary steps enabling them to guarantee the results imposed by Directive 2002/14 at all times, in that it implies that those States would be allowed to evade, even temporarily, that obligation to reach a clear and precise result imposed by Community law (see, by analogy, Case C‑212/04 Adeneler and Others [2006] ECR I‑0000, paragraph 68). | 9. 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 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 3 juin 2008, Commission/France, C‑507/07, point 7). | 0 |
12,141 | 10 That argument cannot be upheld. As the Court stated in its judgment of 12 June 1986 in Case 302/84 (Ten Holder v Nieuwe Algemene Bedrijfsvereniging [1986] ECR 1821, at paragraphs 14 and 15), a worker who has ceased to carry on an activity in the territory of a Member State continues to be subject to the legislation of that State if he has not taken up employment in another Member State. Only workers who have definitively ceased all professional or trade activity fall outside the scope of Article 13(2)(a) of Regulation No 1408/71 (see inter alia the Court' s judgment of 21 February 1991 in Case C-140/88 Noij v Staatsecretaris van Financiën [1991] ECR I-387, at paragraphs 9 and 10). | 45
S’agissant de la notion d’«obligation non contractuelle», au sens de l’article 1er du règlement Rome II, il y a lieu de rappeler que la notion de «matière délictuelle ou quasi délictuelle», au sens de l’article 5, point 3, du règlement Bruxelles I, comprend toute demande qui vise à mettre en cause la responsabilité d’un défendeur et qui ne se rattache pas à ladite «matière contractuelle», au sens du point 1 de cet article 5 (arrêt ÖFAB, C‑147/12, EU:C:2013:490, point 32 et jurisprudence citée). Par ailleurs, il convient d’observer, ainsi qu’il découle de l’article 2 du règlement Rome II, que celui-ci s’applique aux obligations issues d’un dommage, à savoir de toute atteinte résultant d’un fait dommageable, d’un enrichissement sans cause, d’une gestion d’affaires ou d’une «culpa in contrahendo». | 0 |
12,142 | 29. In that respect, the Court has already held, first, at paragraph 36 in Case C‑436/04 Van Esbroeck [2006] ECR I‑2333, that the only relevant criterion for the purposes of the application of Article 54 of the CISA is identity of the material acts, understood as the existence of a set of facts which are inextricably linked together and, second, at paragraph 42 of that judgment, that that criterion applies irrespective of the legal classification given to those acts or the legal interest protected (see also Case C‑150/05 Van Straaten [2006] ECR I‑9327, paragraphs 48 and 53). | 3 As the Court held in Case C-412/93 Leclerc-Siplec [1995] ECR I-179, the main purpose of the Directive, which was adopted on the basis of Articles 57(2) and 66 of the EEC Treaty, is to ensure freedom to provide television broadcasting services. As is clear from the 13th and 14th recitals of the preamble to the Directive, it lays down minimum rules for broadcasts which emanate from the Community and which are intended to be received within it (paragraphs 28 and 29). | 0 |
12,143 | 33
Article 34 TFEU prohibits quantitative restrictions on imports and all measures having equivalent effect. In accordance with settled case-law, all measures of a Member State which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (judgments of 11 July 1974, Dassonville, 8/74, EU:C:1974:82, paragraph 5, and 23 December 2015, Scotch Whisky Association and Others, C‑333/14, EU:C:2015:845, paragraph 31). | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports . | 0 |
12,144 | 278. In addition, it is apparent from the case-law of the Court of Justice that, as the General Court noted in paragraph 311 of the judgment under appeal, when the level of the penalty is set, the conduct of the undertaking concerned may be assessed in the light of the national legal framework, which is a mitigating factor (see, to that effect, Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraph 620, and CIF , paragraph 57). | 27
The deduction system is intended to relieve the operator entirely of the burden of the VAT due or paid in the course of all his economic activities. The common system of VAT therefore ensures that all economic activities, whatever their purpose or results, provided that they are in principle themselves subject to VAT, are taxed in a neutral way (judgment of 22 October 2015, PPUH Stehcemp, C‑277/14, EU:C:2015:719, paragraph 27 and the case-law cited). | 0 |
12,145 | 58
In the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it (judgment of 28 April 2016, Oniors Bio, C‑233/15, EU:C:2016:305, paragraph 30 and the case-law cited). | 25 Those guidelines did not contain any definition of the term `different distributors'. | 0 |
12,146 | 30. However, the Court has consistently held that a national rule which hinders the free movement of goods is not necessarily contrary to Community law if it may be justified by one of the public-interest grounds set out in Article 30 EC or by one of the overriding requirements laid down by the Court’s case-law where the national rules are applicable without distinction (see, to this effect, Case 120/78 Rewe-Zentral ( Cassis de Dijon ) [1979] ECR 649, paragraph 8, and Commission v Italy , cited above, paragraph 21). | 42. À défaut de consister en une somme d’argent convenue entre les parties, cette valeur, pour être subjective, doit être celle que le bénéficiaire de la prestation de services, qui constitue la contrepartie de la livraison de biens, attribue aux services qu’il entend se procurer et correspondre à la somme qu’il est disposé à dépenser à cette fin (arrêts du 2 juin 1994, Empire Stores, C‑33/93, Rec. p. I‑2329, point 19, et Orfey Balgaria, précité, point 45). | 0 |
12,147 | 38 Moreover, that new programme does not as such bring to an end the failure to fulfil obligations of which the Commission complains. According to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and subsequent changes cannot be taken into account (Case C-60/96 Commission v France [1997] ECR I-3827, paragraph 15, and Case C-289/94 Commission v Italy [1996] ECR I-4405, paragraph 20). However, as the Greek Government itself admitted at the hearing, the programme in question had not yet been implemented on the material date. | 29. The fact that ‘sound and fair marketable quality’ is a material condition for the payment of refunds is not invalidated, as Fleisch-Winter maintains, by Article 3(5) of Regulation No 3665/87, since the information mentioned therein constitutes a non-exhaustive list. | 0 |
12,148 | 14 As the Court held in its judgment in Case 298/87 (Smanor SA [1988] ECR 4489, paragraph 29), the exact meaning and scope of Article 5 of Directive 79/112 must be determined regard being had to its context and, in particular, to the directive' s general purpose and structure. This is true of all the provisions of the directive. | 6 ALTHOUGH THE DEFENDANT HAS NOT CHALLENGED THE ADMISSIBILITY OF THE APPLICATION, THE COURT MUST EXAMINE OF ITS OWN MOTION WHETHER THE APPLICATION IS OUT OF TIME . | 0 |
12,149 | 34
It should be observed, in that respect, that, according to settled case-law, in the sphere of the common commercial policy and, most particularly, in the realm of measures to protect trade, the EU institutions enjoy a broad discretion by reason of the complexity of the economic, political and legal situations which they have to examine. The judicial review of such an appraisal must therefore be limited to verifying whether the procedural rules have been complied with, whether the facts on which the contested choice is based have been accurately stated, and whether there has been a manifest error in the appraisal of those facts or a misuse of powers (see, inter alia, judgments in Simon, Evers & Co., C‑21/13, EU:C:2014:2154, paragraph 29, and Fliesen-Zentrum Deutschland, C‑687/13, EU:C:2015:573, paragraph 44). | 21 The system at issue does not seek, through its object and general structure, to create an advantage which would constitute an additional burden for the State or the abovementioned bodies, but only to alter in favour of shipping undertakings the framework within which contractual relations are formed between those undertakings and their employees. The consequences arising from this, in so far as they relate to the difference in the basis for the calculation of social security contributions, mentioned by the national court, and to the potential loss of tax revenue because of the low rates of pay, referred to by the Commission, are inherent in the system and are not a means of granting a particular advantage to the undertakings concerned. | 0 |
12,150 | 66 In answering this question concerning the relationship between Decision No 1/80 and national legislation on aliens, it should be remembered that it follows both from the primacy of Community 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, in particular, Birden, paragraph 37, and Nazli, paragraph 30). | 7. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 30 novembre 2006, Commission/Luxembourg, C‑32/05, Rec. p. I‑11323, point 22). | 0 |
12,151 | 65. In those circumstances, a restriction on the free movement of capital or the freedom of establishment such as follows from the legislation at issue in the main proceedings is permissible only if it is justified by an overriding reason in the public interest. It is further necessary, in such a case, that the restriction is appropriate for ensuring the attainment of the objective in question and does not go beyond what is necessary to attain it (see National Grid Indus , paragraph 42; Case C‑250/08 Commission v Belgium [2011] ECR I‑12341, paragraph 51; and, to that effect, Test Claimants in the FII Group Litigation , paragraphs 54 and 55). | 9. Each month, on a particular date, Denplan will seek to collect the payments due from dentists’ patients. To do so it creates for each patient an electronic file which it uses to transmit information to the Bankers’ Automated Clearing System (‘the BACS’), an automated inter-bank settlement system established and operated by a company all the members of which are major United Kingdom banks. The information which Denplan transmits to the BACS includes, in respect of each patient, the patient’s bank account number and the amount which Denplan is to collect from that account. The BACS will then transmit that information on to the processing centre of the relevant bank. | 0 |
12,152 | 22
It is settled case-law that the third sentence of Article 11 of Directive 2004/48, like Article 8(3) of Directive 2001/29 to which it refers, obliges Member States to ensure that an intermediary whose services are used by a third party in order to infringe an intellectual property right may, regardless of any liability of its own in relation to the facts at issue, be ordered to take measures aimed at bringing those infringements to an end and measures seeking to prevent further infringements (see to that effect, in particular, judgments of 12 July 2011 in L’Oréal and Others, C‑324/09, EU:C:2011:474, paragraphs 127 to 134, and 24 November 2011 in Scarlet Extended, C‑70/10, EU:C:2011:771, paragraphs 30 and 31). | Quatrièmement, il y a lieu de rappeler que, même si la réglementation de l’Union relative à l’octroi des aides et des primes n’impose pas expressément aux États membres d’instaurer des mesures de surveillance et des modalités de contrôle spécifiques, il n’en demeure pas moins qu’une telle obligation peut découler, le cas échéant, implicitement du fait que, en vertu de la réglementation en question, il incombe aux États membres d’organiser un système efficace de contrôle et de surveillance (voir arrêts du 12 juin 1990, , C‑8/88, EU:C:1990:241, point 16 ; du 14 avril 2005, , C‑468/02, non publié, EU:C:2005:221, point 35, et du 24 avril 2008, , C‑418/06 P, EU:C:2008:247, point 70). | 0 |
12,153 | 53. With regard to the case of a pregnancy-related illness affecting a worker before her maternity leave, the Court pointed out in paragraph 33 of its judgment in Høj Pedersen and Others , cited above, replicating the terms used in paragraph 22 of its judgment in Brown , that the disorders and complications linked to pregnancy, which may cause incapacity for work, form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition. The Court went on to point out that, within the context of the dispute in the main proceedings, a woman was deprived, before the beginning of her maternity leave, of her full pay when her incapacity for work was the result of a pregnancy-related pathological condition, even though, under the national legislation in issue, all workers were in principle entitled to continue to be paid in full in the event of incapacity for work. In those circumstances, the Court ruled that the application of legislative provisions such as those at issue in the main proceedings in that case involved discrimination against women ( Høj Pedersen and Others , paragraphs 34, 35 and 37). | 41. The principle that offences and penalties must be defined by law cannot therefore be interpreted as precluding the gradual, case-by-case clarification of the rules on criminal liability by judicial interpretation, provided that the result was reasonably foreseeable at the time the offence was committed, especially in the light of the interpretation put on the provision in the case-law at the material time (see, to that effect, judgment in Dansk Rørindustri and Others v Commission , C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217 and 218). | 0 |
12,154 | 38. With regard, second, to the assessment of whether legislation such as that at issue in the main proceedings is proportionate, it must be noted that it follows from the case-law of the Court that since Article 30 EC constitutes an exception, which is to be strictly interpreted, to the rule of the free movement of goods within the Community, it is for the national authorities to demonstrate that their rules are necessary in order to achieve the declared purpose and that that objective could not be achieved by less extensive prohibitions or restrictions, or by prohibitions or restrictions having less effect on intra-Community trade (see, to that effect, Case C‑17/93 van der Veldt [1994] ECR I‑3537, paragraph 15; Case C‑189/95 Franzén [1997] ECR I‑5909, paragraphs 75 and 76; Case C‑434/04 Ahokainen and Leppik [2006] ECR I‑9171, paragraph 31; and Rosengren and Others , paragraph 50). | 27 However, in view of the complexity of the matter and the differences between the legislation of the Member States, the Council was empowered to achieve the necessary harmonization progressively. It was therefore quite open to the Council to allow Member States temporarily to impose an obligation to exchange licences. | 0 |
12,155 | 28. Every citizen of the Union may therefore rely on the prohibition of discrimination on grounds of nationality laid down in Article 18 TFEU, provided for in other Treaty provisions and in Article 24 of Directive 2004/38, in all situations falling within the scope ratione materiae of European Union law. Those situations include the exercise of the fundamental freedoms conferred by inter alia Article 45 TFEU and those relating to the exercise of the freedom conferred by Article 21 TFEU to move and reside within the territory of the Member States (see, inter alia, Case C-85/96 Martínez Sala [1998] ECR I-2691, paragraph 63; Grzelczyk , paragraphs 32 and 33; Case C-209/03 Bidar [2005] ECR I-2119, paragraphs 32 and 33; and Case C-75/11 Commission v Austria [2012] ECR, paragraph 39). | 78. Il convient, en outre, de rappeler que l’obligation, pour un État membre, de prendre toutes les mesures nécessaires pour atteindre le résultat prescrit par une directive est une obligation contraignante imposée par l’article 288, troisième alinéa, TFUE et par cette directive elle-même. Cette obligation de prendre toutes les mesures générales ou particulières s’impose à toutes les autorités des États membres, y compris, dans le cadre de leurs compétences, aux autorités juridictionnelles (arrêt SETAR, C-551/13, EU:C:2014:2467, point 36). | 0 |
12,156 | 65. In the present case, while it is true that the national provisions at issue apply without distinction to both residents and non-residents, it must none the less be held that they affect the position of a person acquiring a shareholding as such and are thus liable to deter investors from other Member States from making such investments and, consequently, affect access to the market (see Case C‑463/00 Commission v Spain [2003] ECR I‑4581, paragraph 61 and the case-law cited; Case C‑171/08 Commission v Portugal , paragraph 67; and Case C‑543/08 Commission v Portugal , paragraph 68). | 32
Indeed, where an EU trade mark court concludes, on the basis of information which must, as a rule, be submitted to it by the defendant, that there is no likelihood of confusion in a part of the European Union, legitimate trade arising from the use of the sign in question in that part of the European Union cannot be prohibited. As the Advocate General has observed in points 25 to 27 of his Opinion, such a prohibition would go beyond the exclusive right conferred by the EU trade mark, as that right merely permits the proprietor of that mark to protect his specific interests as such, that is to say, to ensure that the mark is able to fulfil its functions (see, to that effect, judgment of 12 April 2011, DHL Express France, C‑235/09, EU:C:2011:238, paragraphs 46 and 47). | 0 |
12,157 | 75. In that context, although it is for the national court to define the market for the services at issue, it should nevertheless be recalled that, according to the Court's case-law, in order for a market to be held to be sufficiently homogeneous and distinct from others, the service must be able to be distinguished from other services by virtue of specific characteristics as a result of which it is scarcely interchangeable with those alternatives as far as the consumer is concerned and is affected only to an insignificant degree by competition from them (see, to that effect, Case 27/76 United Brands v Commission [1978] ECR 207, paragraphs 11 and 12, and Case 66/86 Ahmed Saeed Flugreisen and Others v Zentrale zur Bekämpfung unlauteren Wettbewerbs [1989] ECR 803, paragraph 40). In that regard, the examination cannot be limited to the objective characteristics of the relevant services but must include the competitive conditions and the structure of supply and demand on the market (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 37). | 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 |
12,158 | 34. In the light of the objectives of proximity and predictability, the Court held that the rule set out in the first indent of Article 5(1)(b) of Regulation No 44/2001 is also applicable where there are several places of delivery of goods within a single Member State, since one court must have jurisdiction to hear all the claims arising out of the contract ( Color Drack, paragraphs 36 and 38). | 1. This reference for a preliminary ruling relates to the interpretation of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54), as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997 (OJ 1997 L 328, p. 1) (‘Directive 93/37’). | 0 |
12,159 | 38. Finally, the Unfair Commercial Practices Directive sets out, in Annex I, an exhaustive list of 31 commercial practices which, in accordance with Article 5(5) of that directive, are to be regarded as unfair ‘in all circumstances’. Consequently, as recital 17 in the preamble to the directive expressly states, those commercial practices alone can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the directive ( VTB-VAB and Galatea , paragraph 56; Plus Warenhandelsgesellschaft , paragraph 45; and Mediaprint Zeitungs- und Zeitschriftenverlag , paragraph 34). | 45. Lastly, Annex I to Directive 2005/29 establishes an exhaustive list of 31 commercial practices which, in accordance with Article 5(5) of the directive, are regarded as unfair ‘in all circumstances’. Consequently, as recital 17 in the preamble to Directive 2005/29 expressly states, those commercial practices alone can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the directive. | 1 |
12,160 | 20. First of all, as regards the alleged failure on the part of the Giudice di Pace di Genova to take account of the entry into force of Decree Law No 223/2006 for the purpose of resolving the dispute in the main proceedings, according to established case‑law, it is not for the Court of Justice to rule on the applicability of provisions of national law which are relevant to the outcome of such proceedings, but the Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the legislative context, as described in the order for reference, in which the question put to it is set (see, to that effect, Case C 475/99 Ambulanz Glöckner [2001] ECR I-8089, paragraph 10; Case C 153/02 Neri [2003] ECR I-13555, paragraphs 34 and 35; and Case C‑28/04 Tod’s and Tod’s France [2005] ECR I‑5781, paragraph 14). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,161 | 24
This reasoning applies both to agreements conferring jurisdiction on the courts of a Member State and to those in favour of the courts of a third country, since the tacit prorogation of jurisdiction by virtue of the first sentence of Article 24 of Regulation No 44/2001 is based on a deliberate choice made by the parties to the dispute regarding jurisdiction (see judgment in A, C‑112/13, EU:C:2014:2195, paragraph 54). Accordingly, as is apparent from the previous paragraph of this judgment, the question on the applicability of Article 23 of that regulation is irrelevant. | 39 THE CONDITIONS GOVERNING THE APPLICATION AND ABOLITION OF THE SYSTEM OF COMPENSATORY AMOUNTS IN A SPECIFIC SECTOR DO NOT TAKE INTO ACCOUNT THE INDIVIDUAL SITUATIONS OF TRADERS AND DO NOT GUARANTEE TO THEM A CONTINUOUS APPLICATION OF THE SYSTEM . | 0 |
12,162 | 20 Where a charge is imposed on domestic and imported products according to the same criteria, the Court has consistently held that it may be necessary to take into account the purpose to which the revenue from the charge is put. Thus, if the revenue from such a charge is intended to finance activities for the special advantage of the taxed domestic product, it may follow that the charge imposed on the basis of the same criteria nevertheless constitutes discriminatory taxation in so far as the fiscal burden on the domestic products is neutralized by the advantages which the charge is used to finance, whilst the charge on the imported product constitutes a net burden (judgments in Case 73/79 Commission v Italy [1980] ECR 1533, paragraph 15, and in Compagnie Commerciale de l' Ouest, cited above, paragraph 26). | 21 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1). | 0 |
12,163 | 16 The Court also held that the limitation of the effects in time of the judgment in Case C-262/88 Barber v Guardian Royal Exchange Group [1990] ECR I-1889 did not apply to the right to join an occupational pension scheme (Vroege, paragraph 32, and Fisscher, paragraph 28). The Court further held that the direct effect of Article 119 of the Treaty could be relied on in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and might be so relied on as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne v SABENA [1976] ECR 455, in which the Court held for the first time that Article 119 has direct effect. | 59. It is true that the right to consult the administrative file in the context of a review procedure, opened in accordance with Article 88(2) EC, and the right of access to documents, pursuant to Regulation No 1049/2001 are legally distinct, but the fact remains that they lead to a comparable situation from a practical point of view. Whatever the legal basis on which it is granted, access to the file enables the interested parties to obtain all the observations and documents submitted to the Commission, and, where appropriate, adopt a position on those matters in their own observations, which is likely to modify the nature of such a procedure. | 0 |
12,164 | 35 As the Court held in paragraph 17 of that judgment, however, the principle of equal treatment laid down by Article 4 of Protocol No 3 is not limited exclusively to the matters governed by Community rules which are referred to in Article 1 of that protocol; Article 4 must be regarded as an independent provision so far as its scope is concerned. It must be interpreted as precluding any discrimination between natural and legal persons from the Member States in relation to situations which, in territories where the Treaty is fully applicable, are governed by Community law. | 43. It follows from the foregoing that, given the failure to take account of mileage, the scale adopted by the legislation at issue does not, as a general rule, lead to a reasonable approximation of the actual value of imported second-hand vehicles. | 0 |
12,165 | 58. Le fait que le régime particulier des agences de voyages constitue une exception aux règles de droit commun, de sorte que, en tant que telle, cette exception ne doit pas être étendue au-delà de ce qui est nécessaire pour atteindre les objectifs qu’elle poursuit (voir arrêt First Choice Holidays, précité, point 22), n’implique cependant pas qu’il faille adopter l’approche fondée sur le voyageur si celle-ci porte atteinte à l’effet utile de ce régime particulier. | 81. Une mesure telle que celle mise en cause par le recours de la Commission viole ainsi le principe de proportionnalité en ce que les exigences de la réglementation nationale en cause font double emploi avec les justifications et les garanties exigées dans l’État membre d’établissement. Or, le respect du principe de la libre prestation des services exige que l’État membre destinataire de la prestation tienne dûment compte des justifications et des garanties déjà présentées par le prestataire pour l’exercice de son activité dans l’État membre d’établissement (voir, notamment, arrêt du 17 décembre 1981, Webb, 279/80, Rec. p. 3305, point 20). | 0 |
12,166 | 46. Secondly, national legislation such as that at issue in the main proceedings does not in any way affect the powers of the NRA concerned, arising under Article 16 of the Framework Directive and Article 17 of the Universal Service Directive, relating to the analysis of the various electronic communications markets and the imposition of regulatory obligations on undertakings with significant market power on markets which are not effectively competitive. None the less, the mere fact that, if the undertakings concerned comply with the national legislation at issue in the main proceedings, the NRA will no longer need, after any analysis it may carry out of the retail market concerned, to take any specific measures – that is to say, to require undertakings with significant market power to pass on external data to third-party undertakings – does not support the inference that the powers which the NRA concerned derives from Article 17 of the Universal Service Directive are directly affected (see, by analogy, as regards a general prohibition of tied sales, Telekomunikacja Polska , paragraph 28). | 38
The Court has thus held that the concept of ‘public policy’ presupposes, in any event, the existence, in addition to the disturbance of the social order which any infringement of the law involves, of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. | 0 |
12,167 | 49 The Court has consistently held that the prohibition of discrimination laid down in Article 40(3) of the EEC Treaty is only a specific expression of the general principle of equality in Community law, which requires that comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified (see, inter alia, Case C-56/94 SCAC v ASIPO [1995] ECR I-1769, paragraph 27). | 41. If a seller delivers goods which are not in conformity, it fails correctly to perform the obligation which it accepted in the contract of sale and must therefore bear the consequences of that faulty performance. By receiving new goods to replace the goods not in conformity, the consumer – who, for his part, paid the selling price and therefore correctly performed his contractual obligation – is not unjustly enriched. He merely receives, belatedly, goods in conformity with the specifications of the contract, which he should have received at the outset. | 0 |
12,168 | 55. The as-efficient-competitor test has been specifically applied by the Court to low-pricing practices in the form of selective prices or predatory prices (see, in respect of selective prices, judgment in Post Danmark , C‑209/10, EU:C:2012:172, paragraphs 28 to 35, and in respect of predatory prices, judgments in AKZO v Commission , C‑62/86, EU:C:1991:286, paragraphs 70 to 73, and France Télécom v Commission , C‑202/07 P, EU:C:2009:214, paragraphs 107 and 108), and margin squeeze (judgment in TeliaSonera Sverige , C‑52/09, EU:C:2011:83, paragraphs 40 to 46). | 29. That analysis is borne out by the arguments developed by the Court in paragraph 19 of the Farrell judgment, cited above, in which it held that the derogation provided for in Article 5(2) of the Convention is intended to offer the maintenance applicant, who is regarded as the weaker party in such proceedings, an alternative basis of jurisdiction. According to the Court, in adopting that approach, the drafters of the Convention considered that that specific objective had to prevail over the objective of the rule contained in the first paragraph of Article 2 of the Convention, which is to protect the defendant as the party who, being the person sued, is generally in a weaker position. | 0 |
12,169 | 45 However, although respect for the fundamental rights which form an integral part of those general principles of law is a condition of the legality of Community acts, those rights cannot in themselves have the effect of extending the scope of the Treaty provisions beyond the competences of the Community (see, inter alia, on the scope of Article 235 of the EC Treaty as regards respect for human rights, Opinion 2/94 [1996] ECR I-1759, paragraphs 34 and 35). | 30 The applicant' s line of argument is tantamount to saying that the appointing authority could not in the circumstances exercise its discretion otherwise than by appointing him to the higher grade of the career bracket concerned, as if a given level of practical experience could confer on the person possessing it a right to be appointed at that grade. | 0 |
12,170 | 43. In that regard, the detailed procedural rules governing actions for safeguarding an individual’s rights under Community law must be no less favourable than those governing similar domestic actions (principle of equivalence) and must not render practically impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, inter alia, Case 33/76 Rewe , paragraph 5; Comet , paragraphs 13 to 16; Peterbroeck , paragraph 12; Courage and Crehan , paragraph 29; Eribrand , paragraph 62; and Safalero , paragraph 49). | 61. However, it is for the Court to indicate certain criteria or principles of Community law which must be complied with when that assessment is being made. | 0 |
12,171 | 37. An analysis of those definitions shows that the scope of the term economic activities is very wide and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see, inter alia, Commission v Greece , paragraph 26; and Case C-223/03 University of Huddersfield [2006] ECR I-1751, paragraph 47 and the case-law cited). An activity is thus, as a general rule, categorised as economic where it is permanent and is carried out in return for remuneration which is received by the person carrying out the activity ( Commission v Netherlands , paragraphs 9 and 15; and Case C-408/06 Götz [2007] ECR I-11295, paragraph 18). | 32. However, it is apparent from the order for reference that the discrimination at issue in the main proceedings is not based on any of the grounds thus listed in those directives, but operates instead on the basis of the socio-professional category, within the meaning of national legislation, to which the persons concerned belong, or their place of work. | 0 |
12,172 | 28. La procédure en manquement permet en effet de déterminer la portée exacte des obligations des États membres en cas de divergences d’interprétation (voir arrêt du 14 décembre 1971, Commission/France, 7/71, Rec. p. 1003, point 49) et repose sur la constatation objective du non-respect par un État membre des obligations que lui imposent le traité CE ou un acte de droit dérivé (voir arrêts du 18 janvier 2001, Commission/Espagne, C-83/99, Rec. p. I-445, point 23, et du 14 septembre 2004, Commission/Italie, C-385/02, Rec. p. I-8121, point 40). Elle constitue comme telle l’ultima ratio d’imposer le respect du droit communautaire en faisant prévaloir les intérêts communautaires consacrés par le traité en dépit de la résistance des États membres (voir, en ce sens, arrêt du 15 juillet 1960, Pays-Bas/Haute Autorité, 25/59, Rec. p. 723, 761). Pour cette raison, le présent recours conserve également un intérêt. | 49 ON THE OTHER HAND, THE PROCEDURE FOR A DECLARATION OF A FAILURE ON THE PART OF A STATE TO FULFIL AN OBLIGATION ITSELF AFFORDS A MEANS OF DETERMINING THE EXACT NATURE OF THE OBLIGATIONS OF THE MEMBER STATES IN CASE OF DIFFERENCES OF INTERPRETATION . | 1 |
12,173 | 64. As regards the fourth part of the plea, the Court of First Instance correctly interpreted the judgment in Spain v Commission , paragraphs 12 to 20, when it stated that the effect of that judgment is that a decision to initiate the procedure for examining State aid produces legal effects as referred to in Article 230 EC. Specific legal consequences flow from the assessment and classification of the aid mentioned and from the choice of procedure which follows from that. By contrast, the mere fact that, by the contested decisions, the Commission made a choice as to the procedure to be undertaken against the appellants and thus excluded other procedures cannot, in itself, be a legal effect for the purposes of that article. | 54
Thus, as Microsoft acknowledged in its written reply to the questions put to it by the Court, the lawful acquirer of an unlimited licence for the use of a used copy of a computer program must be able to download that program from the copyright holder’s website, since that downloading constitutes a reproduction of a computer program that is necessary to enable the new acquirer to use the program in accordance with its intended purpose, as the Court held in the judgment of 3 July 2012, UsedSoft (C‑128/11, EU:C:2012:407, paragraph 85). | 0 |
12,174 | 13. In its judgment of 14 December 2000 in Case C-110/99 Emsland-Stärke [2000] ECR I‑11569, at paragraph 48, the Court held that the condition that the goods must have been imported into a non-member country in order for the export refunds provided for by a Community regulation to be granted can be raised against the recipient of the refunds only before their grant. | 24. However, such a ban does not truly regulate the operation of the monopoly since it does not relate to the methods of retail sale of alcoholic beverages on Swedish territory. In particular, it is not intended to govern either the system for selection of goods by the monopoly, its sales network, or the organisation of the marketing or advertising of goods distributed by that monopoly. | 0 |
12,175 | 30. As the Court has already held in respect of the Brussels Convention, the international nature of a legal relationship may derive from the fact that the situation at issue in the proceedings is such as to raise questions relating to the determination of international jurisdiction (Case C‑281/02 Owusu [2005] ECR I‑1383, paragraph 26). | 4 Such measures include those with a view to:
"...
d) subjecting product marketing to prior conditions designed to ensure product safety and requiring that suitable warnings be affixed regarding the risks which the product may present;
e) making arrangements to ensure that persons who might be exposed to a risk from a product are informed in good time and in a suitable manner of the said risk by, inter alia, the publication of special warnings;
f) temporarily prohibiting, for the period required to carry out the various checks, anyone from supplying, offering to supply or exhibiting a product or product batch, whenever there are precise and consistent indications that they are dangerous;
g) prohibiting the placing on the market of a product or product batch which has proved dangerous and establishing the accompanying measures needed to ensure that the ban is complied with;
h) organizing the effective and immediate withdrawal of a dangerous product or product batch already on the market and, if necessary, its destruction under appropriate conditions". | 0 |
12,176 | 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). | 51. Il ressort de la jurisprudence qu’une prestation peut être considérée comme accessoire à une prestation principale lorsqu’elle constitue non une fin en soi, mais le moyen de bénéficier dans les meilleures conditions du service principal (voir, en ce sens, arrêts Madgett et Baldwin, précité, point 24; du 25 février 1999, CPP, C‑349/96, Rec. p. I‑973, point 30; du 6 novembre 2003, Dornier, C‑45/01, Rec. p. I‑12911, point 34, ainsi que Horizon College, précité, point 29). | 0 |
12,177 | 34. The Court has already held, as pointed out in paragraph 24 above, that, since Directive 2002/14 has defined the group of persons to be taken into account at the time of that calculation, Member States cannot exclude from that calculation a specific category of persons initially included in that group. Thus, although that directive does not prescribe the manner in which the Member States are to take account of employees falling within its scope when calculating the thresholds of workers employed, it does nevertheless require that they be taken into account (see Confédération générale du travail and Others , paragraph 34). | 34. Since Directive 2002/14 defined the group of persons to be taken into account at the time of that calculation, Member States cannot exclude from that calculation a specific category of persons initially included in that group. Thus, although that directive does not prescribe the manner in which the Member States are to take account of employees falling within its scope when calculating the thresholds of workers employed, it does nevertheless require that they be taken into account. | 1 |
12,178 | 29. It should be recalled that, as follows from settled case-law, when the Court replies to a question submitted for a preliminary ruling by a court of a Member State in accordance with Article 267 TFEU, it does not have jurisdiction to interpret the domestic law of that Member State, as this task falls to the national courts (see, inter alia, Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 7; Case C-449/06 Gysen [2008] ECR I-553, paragraph 17; and Case C-23/12 Zakaria [2013] ECR I-0000, paragraph 29). | 21. À cet égard, il convient de rappeler qu’un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt dont l’annulation est demandée ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande, sous peine d’irrecevabilité du pourvoi ou du moyen concerné (arrêts du 28 juin 2005, 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, Rec. p. I‑5425, point 426, ainsi que du 23 avril 2009, AEPI/Commission, C‑425/07 P, Rec. p. I‑3205, point 25 et jurisprudence citée). Or, la Cour a déjà jugé qu’un moyen qui est trop obscur pour recevoir une réponse doit être déclaré irrecevable (arrêt du 2 octobre 2003, Thyssen Stahl/Commission, C‑194/99 P, Rec. p. I‑10821, point 106). | 0 |
12,179 | 41. Although in preliminary ruling proceedings it is for the national court to establish, in the light of the considerations referred to in paragraphs 30 to 39 of this judgment, whether, despite such changes, ID-Lelystad must be regarded as being a laboratory referred to in Article 11(1) and Article 13(1) of Directive 85/511, the Court of Justice, which is called on to provide answers of use to the national court, may provide guidance based on the documents in the file and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment (see, to that effect, Case C-278/93 Freers and Speckmann [1996] ECR I-1165, paragraph 24, and Case C-77/02 Steinicke [2003] ECR I‑9027, paragraph 59). | 25. In this connection, the Gerechtshof te Amsterdam makes clear that Mr van der Steen did not bear any economic business risk in acting as manager and performing the work in the course of the company’s dealings with third parties. | 0 |
12,180 | 64. According to settled case-law, questions on the interpretation of Community law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance (see Case C‑300/01 Salzmann [2003] ECR I‑4899, paragraphs 29 and 31). The Court may refuse to rule on a question referred 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, inter alia, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 39; Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25; and Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑11421, paragraph 22). | 37. Also, it must be borne in mind that Article 73b(1) of the Treaty gives effect to the free movement of capital between the Member States and between Member and non-member States. To that end, it provides, in the chapter of the Treaty entitled ‘Capital and payments’, that all restrictions on the movement of capital between Member States and between Member and non-member States are to be prohibited. | 0 |
12,181 | 24. The Court has however stated in this connection that, in order for judgments to be regarded as at risk of being irreconcilable within the meaning of Article 6(1) of Regulation No 44/2001, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in the same situation of fact and law (see Case C-539/03 Roche Nederland and Others [2006] ECR I-6535, paragraph 26; Freeport , paragraph 40; and Painer , paragraph 79). | 68. With regard to the details of such a solution, it should be noted that there are only two circumstances in which the service of a judicial document between Member States falls outside the scope of Regulation No 1393/2007: first, where the permanent or habitual residence of the addressee is unknown and, secondly, where that person has appointed an authorised representative in the Member State where the judicial proceedings are taking place (see judgment in Alder , C‑325/11, EU:C:2012:824, paragraph 24). | 0 |
12,182 | 66. In that regard, the Court has already held that the adoption by the Commission of a decision which is not immediately applicable cannot, as such, be regarded as precluding a Member State from itself taking interim protective measures pursuant to the fourth subparagraph of Article 9(1) of Directive 89/662 (Case C-477/98 Eurostock [2000] ECR I-10695, paragraph 58). The interim protective measures at EU level at issue in Eurostock are equivalent to those referred to in the fourth subparagraph of Article 10(1) of Directive 90/425. | 193. In those conditions, the third part of the third ground of appeal is admissible, inasmuch as (i) the very thing it seeks is a review of the Court of First Instance’s legal characterisation of the facts in holding there to be a direct causal link between the Commission’s unlawful act and the loss claimed by Schneider and (ii) as will be shown below, that review can be carried out in the present case without calling in question the relevant findings and assessments of facts. | 0 |
12,183 | 101. Moreover, according to equally well-established case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the general scheme of the system of which they form part (see to that effect, inter alia, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , paragraph 42; Portugal v Commission , paragraph 52; British Aggregates v Commission , paragraph 83; and Joined Cases C-106/09 P and C-107/09 P Commission and Spain v Government of Gibraltar and United Kingdom [2011] ECR I-11113, paragraph 145). | 39 It must be noted here that Article 11(3) of Directive 92/85 only allows a ceiling to be laid down under national legislation for pay or benefits received by workers in the context of maternity leave, as it is defined in Article 8 of the same directive. | 0 |
12,184 | 33. It must be noted at the outset that the actual wording of Article 28(2)(a) of the Sixth Directive, in the version resulting from Directive 92/77, states that the national legislation which may be maintained must be ‘in accordance with Community law’ and satisfy the conditions stated in the last indent of Article 17 of Directive 67/228. Although the addition relating to being ‘in accordance with Community law’ was made only in 1992, such a requirement, which forms an integral part of the proper functioning and the uniform interpretation of the common system of VAT, applies to the whole of the period of erroneous taxation at issue in the main proceedings. As the Court has had occasion to point out, the maintenance of exemptions or of reduced rates of VAT lower than the minimum rate laid down by the Sixth Directive is permissible only in so far as it complies with, inter alia, the principle of fiscal neutrality inherent in that system (see, to that effect, Case C-216/97 Gregg [1999] ECR I-4947, paragraph 19, and Case C‑481/98 Commission v France [2001] ECR I-3369, paragraph 21). | 35 AS REGARDS THE QUESTION WHETHER , BY VIRTUE OF GENERAL RULE A 3 ( B ), GOODS IMPORTED TOGETHER IN A SINGLE PACKAGE CONSTITUTE ' GOODS PUT UP IN SETS ' , IT SHOULD BE NOTED THAT THAT EXPRESSION IMPLIES THAT THE GOODS ARE CLOSELY LINKED FROM THE MARKETING POINT OF VIEW , WITH THE RESULT THAT THEY ARE NOT ONLY PRESENTED TOGETHER FOR CUSTOMS CLEARANCE BUT ARE ALSO NORMALLY SUPPLIED TOGETHER , AT THE VARIOUS MARKETING STAGES AND IN PARTICULAR THE RETAIL STAGE , IN A SINGLE PACKAGE IN ORDER TO SATISFY A DEMAND OR TO PERFORM A SPECIFIC FUNCTION .
| 0 |
12,185 | 49. It is also true, as KÖGÁZ and Others and Vodafone have pointed out, that in order for a tax to be characterised as a turnover tax, it is not necessary for the relevant national legislation expressly to provide that that tax may be passed on to the consumer (Joined Cases C‑370/95 to C‑372/95 Careda and Others [1997] ECR I‑3721, paragraph 18) nor that that tax is indicated separately on the invoice issued to the client (see, to that effect, Dansk Denkavit and Poulsen Trading , paragraphs 13 and 14, and Careda and Others , paragraphs 23 and 26). | 17. Under Article 13(2)(a) of Regulation No 1408/71, a person employed in the territory of one Member State is to be subject to the legislation of that State even if he resides in the territory of another Member State. The effect of determining that a given Member State’s legislation is the legislation applicable to a worker pursuant to that provision is that only the legislation of that Member State is applicable to him (see Ten Holder , paragraph 23). | 0 |
12,186 | 35. While a restriction on freedom to provide services may admittedly be justified by overriding requirements relating to the public interest, such as the objective of guaranteeing the quality of skilled trade work and of protecting those who have commissioned such work, the application of national rules to providers of services established in other Member States must be appropriate for securing attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (Corsten , paragraph 39). | 76. As to the argument put forward by the Danish Government to the effect that the term ‘feta’ refers to a type of cheese originating from the Balkans, it is common ground that white cheeses soaked in brine have been produced for a long time, not only in Greece but in various countries in the Balkans and the southeast of the Mediterranean basin. However, as noted in point B(a) of the scientific committee’s opinion, those cheeses are known in those countries under other names than ‘feta’. | 0 |
12,187 | 29. In that regard, the Court has already stated in paragraphs 59 and 61 of PreussenElektra that Member State legislation which, by establishing an obligation to purchase certain goods at minimum prices, confers advantages upon certain undertakings and imposes disadvantages on others, does not involve any direct or indirect transfer of State resources to undertakings which produce those goods and that an obligation of that kind is not capable of conferring the character of State aid upon that legislation. | 70. Where access to the supply of the wholesale product is indispensable for the sale of the retail product, competitors who are at least as efficient as the undertaking which dominates the wholesale market and who are unable to operate on the retail market other than at a loss or, in any event, with reduced profitability suffer a competitive disadvantage on that market which is such as to prevent or restrict their access to it or the growth of their activities on it (see, to that effect, Deutsche Telekom v Commission , paragraph 234). | 0 |
12,188 | 39. The transactions exempted under that provision are thus defined according to the nature of the services provided. In order to be regarded as exempt transactions the services in question must, viewed broadly, form a distinct whole, fulfilling the specific, essential functions of a service described in that provision (see judgment in Axa UK , C‑175/09, EU:C:2010:646, paragraphs 26 and 27 and the case-law cited). | 93. In the course of its examination, the national court must also determine the economic value of the licences concerned, taking account inter alia of the size of the different frequency clusters allocated, the time when each of the operators concerned entered the market and the importance of being able to present a full range of mobile telecommunications systems. | 0 |
12,189 | 38. As the Court has held, the Member States may still impose penalties for breach of the requirement to present an identity card or passport, provided that the penalties are comparable to those which apply to similar national infringements and are proportionate (see, to that effect, Case C-378/97 Wijsenbeek [1999] ECR I-6207, paragraph 44). | 60. That being so, the validity of Regulation No 398/2004 should not additionally be appraised by reference to grounds not specified by the referring court (see, by analogy, Ordre des barreaux francophones et germanophone and Others , paragraphs 17 to 19). | 0 |
12,190 | 59. Such a prohibition may be justified on one of the public interest grounds set out in Article 30 EC or in order to meet imperative requirements (see, in particular Case C‑420/01 Commission v Italy [2003] ECR I‑6445, paragraph 29, and Case C‑270/02 Commission v Italy [2004] ECR I‑1559, paragraph 21). In either case, the national provision must be appropriate for securing the attainment of the objective pursued and not go beyond what is necessary in order to attain it (Case C‑54/05 Commission v Finland [2007] ECR I‑2473, paragraph 38, and Case C‑297/05 Commission v Netherlands [2007] ECR I‑7467, paragraph 75). | À cet égard, et contrairement à ce que soutient la requérante, la notion de « soutien logistique », au sens de la décision
2010/413 et du règlement n° 267/2012, est suffisamment explicite pour permettre de comprendre la raison pour laquelle le Conseil
considère que les activités de la requérante relèvent d’une telle notion. En effet, IOEC ne pouvait raisonnablement ignorer
que le Conseil visait particulièrement, comme le relève à juste titre le Tribunal au point 53 de l’arrêt attaqué, les activités
de la requérante qui sont censées permettre au gouvernement iranien de répondre à des besoins logistiques déterminés dans
le secteur du pétrole et du gaz. La seule circonstance que, dans l’arrêt attaqué, le Tribunal a défini ce qu’il convient d’entendre
par « appui logistique » ne suffit pas à démontrer que cette expression était au préalable insuffisamment déterminée. | 0 |
12,191 | 20. Next, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, inter alia, Case C-168/03 Commission v Spain [2004] ECR I-8227, paragraph 24, and Case C-433/03 Commission v Germany [2005] ECR I-6985, paragraph 32). | 55. Il convient également de rappeler que les notes de chapitre de la NC constituent des moyens importants pour assurer une application uniforme de ce tarif et fournissent, en tant que telles, des éléments valables pour son interprétation (voir arrêt du 29 octobre 2009, Dinter et Europol Frost-Food, C‑522/07 et C‑65/08, Rec. p. I‑10333, point 30 et jurisprudence citée). La teneur desdites notes doit dès lors être conforme aux dispositions de la NC et ne saurait en modifier la portée (voir arrêt Dinter et Europol Frost-Food, précité, point 31 et jurisprudence citée). | 0 |
12,192 | 39. The will of the parties may result from both the clauses of the dealership agreement in question and from the conduct of the parties, and in particular from the possibility of there being tacit acquiescence by the dealers in a call from the manufacturer (see, to that effect, Case C-338/00 P Volkswagen v Commission , paragraphs 61 to 68). | 26 First, unlike persons who have taken out capital life assurance with companies established in Sweden, persons so insured with companies not established in Sweden must register themselves and declare premium payments to a central body, Skattemyndigheten, which also has power to grant a tax exemption or a tax reduction. Policyholders must also pay the tax themselves and for this purpose find the necessary funds, which, as Jessica Safir points out, has negative consequences for them in terms of liquidity. It is true that such obligations cannot in themselves be regarded as being contrary to Community law. However, those obligations, combined with the need to follow a centralised procedure, may dissuade interested persons from taking out capital life assurance with companies not established in Sweden, since no particular action on their part would be called for if they took out such assurance with companies established in Sweden, the tax being levied in this case on the company. | 0 |
12,193 | 46 However, that provision cannot restrict the right to effective judicial protection. The requirement of judicial control of any decision of a national authority reflects a general principle of Community law stemming from the constitutional traditions common to the Member States and enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Case 222/86 Unectef v Heylens [1987] ECR 4097, paragraph 14, and Case C-97/91 Oleificio Borelli v Commission [1992] ECR I-6313, paragraph 14). | 31 Since measures as essential as those determining the management of the area or governing the use of the marshes and the activities carried out there have not been adopted, the requirements of the directive cannot be held to have been satisfied. | 0 |
12,194 | 213. In order to determine whether a breach of Community law is sufficiently serious, it is necessary to take account of all the factors which characterise the situation brought before the national court. Those factors include, in particular, the clarity and precision of the rule infringed, whether the infringement and the damage caused were intentional or involuntary, whether any error of law was excusable or inexcusable, and the fact that the position taken by a Community institution may have contributed towards the adoption or maintenance of national measures or practices contrary to Community law ( Brasserie du Pêcheur and Factortame , paragraph 56, and Haim , paragraphs 42 and 43). | 9 Moreover, in proceedings under Article 177 the Court has already ruled on several occasions on the interpretation of recommendations adopted on the basis of the EEC Treaty ( see judgments of 15 June 1976 in Case 113/75 Frecassetti v Amministrazione delle finanze dello Stato (( 1976 )) ECR 983, and of 9 June 1977 in Case 90/76 Van Ameyde v UCI (( 1977 )) ECR 1091 ). It is therefore necessary to consider the question submitted to the Court . | 0 |
12,195 | 39. It is apparent from both the wording of Clause 2.6 and its context that that provision is intended to avoid the loss of or reduction in rights derived from an employment relationship, acquired or being acquired, to which the worker is entitled when he starts parental leave, and to ensure that, at the end of that leave, with regard to those rights, he will find himself in the same situation as that in which he was before the leave (see, to that effect, Case C-537/07 Gómez-Limón Sánchez-Camacho [2009] ECR I-0000, paragraph 39). | 20 First, a comparison of Article 4(2) with Article 4(3) of the Sixth Directive shows that the concept of economic activity referred to in both the first and second sentences of Article 4(2) does not include activities carried out on an occasional basis. | 0 |
12,196 | Quatrièmement, il y a lieu de rappeler que, même si la réglementation de l’Union relative à l’octroi des aides et des primes n’impose pas expressément aux États membres d’instaurer des mesures de surveillance et des modalités de contrôle spécifiques, il n’en demeure pas moins qu’une telle obligation peut découler, le cas échéant, implicitement du fait que, en vertu de la réglementation en question, il incombe aux États membres d’organiser un système efficace de contrôle et de surveillance (voir arrêts du 12 juin 1990, , C‑8/88, EU:C:1990:241, point 16 ; du 14 avril 2005, , C‑468/02, non publié, EU:C:2005:221, point 35, et du 24 avril 2008, , C‑418/06 P, EU:C:2008:247, point 70). | 51. It follows that, in the absence of any claim that the court other than the court first seised had exclusive jurisdiction in the main proceedings, the Court has simply declined to prejudge the interpretation of Article 21 of the Brussels Convention in the hypothetical situation which it specifically excluded from its judgment (Case C‑116/02 Gasser [2003] ECR I‑14693, paragraph 45, and Case C‑1/13 Cartier parfums — lunettes and Axa Corporate Solutions Assurances [2014] ECR, paragraph 26). | 0 |
12,197 | 37. As regards the principle of proportionality, it is not infringed by requiring the taxable person to effect the deduction of input VAT in respect of the tax period in which the condition of possession of the invoice or of a document considered to serve as an invoice and that of the origin of the right to deduct are satisfied. First, that requirement is consistent with one of the aims of the Sixth Directive, that of ensuring that VAT is levied and collected, under the supervision of the tax authorities (see Reisdorf , paragraph 24, and Langhorst , paragraph 17, cited above), and secondly, as stated in paragraph 35 of this judgment, payment for delivery of goods or performance of services, and therefore payment of input VAT, is not normally made until the invoice has been received. | 41. Where that is the case, legislation such as that at issue in the main proceedings, although it does not make a formal distinction according to the registered office of the companies, entails indirect discrimination on the basis of the registered office of the companies for the purposes of Articles 49 TFEU and 54 TFEU (see, to that effect, Gielen , paragraph 48). | 0 |
12,198 | 53. It is also established case-law that the Commission, in order to prove an infringement of the rules on the common organisation of the agricultural markets, is required not to demonstrate exhaustively that the checks carried out by the national authorities are inadequate or that the data submitted by them are incorrect, but to adduce evidence of serious and reasonable doubt on its part regarding the checks or data. The reason for this mitigation of the burden of proof on the Commission is that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts and consequently it is for that State to adduce the most detailed and comprehensive evidence that its checks or data are accurate and, if appropriate, that the Commission’s statements are incorrect (see Case C-278/98 Netherlands v Commission [2001] ECR I‑1501, paragraphs 39 to 41; Greece v Commission , cited above, paragraphs 15 to 17; and Case C-344/01 Germany v Commission [2004] ECR I‑2081, paragraph 58). | 51. La réglementation en cause au principal établit ainsi une différence de traitement fiscal entre les couples de citoyens de l’Union résidant sur le territoire du Royaume de Belgique en fonction de l’origine et de l’importance de leurs revenus qui est susceptible de produire un effet dissuasif sur l’exercice par ces derniers des libertés garanties par le traité, et notamment de la liberté d’établissement (voir, en ce sens, arrêt Beker, précité, point 52). | 0 |
12,199 | 52. As regards the first point it should be borne in mind that Article 234 EC is based on a clear division of functions between the national courts and the Court of Justice, so that the Court may rule on the interpretation or validity of Community provisions only on the basis of the facts which the national court puts before it (Case C-30/93 AC-ATEL Electronics Vertriebs [1994] ECR I-2305, paragraph 16). It follows that, within the framework of the procedure under Article 234 EC, it is not for the Court of Justice but for the national court to apply the Community rules which it has interpreted to national measures or situations (Case 222/78 ICAP [1979] ECR 1163, paragraph 10, and C‑342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 11). | 20. Moreover, retail prices published in magazines are indicative only, and cannot therefore represent a reliable, fixed point of reference. Those prices could, however, be taken into account by a complaints commission in the event that a vehicle owner claimed that there was a substantial difference between those prices and the value adopted on customs clearance. | 0 |
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