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12,200 | 111. In those circumstances, it is for the Member States to take appropriate and consistent measures aimed at compliance with the limit value, having regard to all the material circumstances and the interests in play (see, to that effect, Case C‑320/03 Commission v Austria , paragraph 81, and Case C‑237/07 Janecek [2008] ECR I‑6221, paragraphs 45 and 46). While they have a discretion in that respect, they must none the less exercise it consistently with the provisions of the EC Treaty, including the fundamental principle of the free movement of goods. | 90. It must be acknowledged that annulment of the contested decision without maintenance of its effects would be liable to hamper the conduct of operations carried out on the basis of the EU-Mauritius Agreement and, in particular, the full effectiveness of the prosecutions and trials of suspected pirates arrested by EUNAVFOR. | 0 |
12,201 | 61. In addition, according to the information at the disposal of the Court, the legislation of 22 Member States, that is to say, the large majority of the Member States, either allows explicitly the registration of vehicles which have their steering equipment on the same side as the direction of the traffic, or tolerates such, even if, in some of those Member States, the state of the roads is similar to that in the Republic of Poland (see, by analogy, Case C‑333/08 Commission v France [2010] ECR I‑757, paragraph 105). | 105. It should also be noted, as the French Republic has pointed out, that the mere fact that one Member State imposes less strict rules than those applicable in another Member State does not mean that the latter are incompatible with Articles 28 EC and 30 EC (see, to that effect, Case C‑514/03 Commission v Spain [2006] ECR I-963, paragraph 49). However, the absence of a prior authorisation scheme with regard to the use of processing aids in the preparation of foodstuffs in all or nearly all of the other Member States may be relevant when assessing the objective justification put forward in relation to the French legislation, and, particularly, with regard to the assessment of its proportionality. | 1 |
12,202 | 28. The Court has already held that, in order to determine which court has jurisdiction to open insolvency proceedings, the centre of the debtor’s main interests must be determined at the time when the request to open insolvency proceedings has been lodged (see Case C-1/04 Staubitz‑Schreiber [2006] ECR I‑701, paragraph 29). As the Advocate General has observed in point 29 of her Opinion, at that early stage, the existence of any cross-border element may be unknown. However, determination of the court which has jurisdiction cannot be postponed until such time as the locations of various aspects of the proceedings in addition to the centre of the debtor’s main interests, such as the residence of a potential defendant to an ancillary action, are known. To wait for knowledge of these matters would frustrate the objectives of improving the efficiency and effectiveness of insolvency proceedings having cross-border effects. | 5 By letter of 13 July 1995 the Italian authorities replied that implementing legislation was being prepared with a view to rapidly transposing Directive 94/2. | 0 |
12,203 | 59. As stated by the Commission of the European Communities, first, how the management of a group of undertakings is organised is an internal matter and, secondly, it is not the purpose of Directive 98/59, any more than it was of Directive 75/129, to restrict the freedom of such a group to organise their activities in the way which they think best suits their needs (see, to that effect, as regards Directive 75/129, Case C‑449/93 Rockfon [1995] ECR I‑4291, paragraph 21). | 26
In any event, an infringement of EU law is sufficiently serious where it was made in manifest breach of the case-law of the Court in the matter (see judgments of 30 September 2003 in Köbler, C‑224/01, EU:C:2003:513, paragraph 56; of 12 December 2006 in Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 214, and of 25 November 2010 in Fuß, C‑429/09, EU:C:2010:717, paragraph 52). | 0 |
12,204 | 58. In any event, for the period prior to the expiry date of the reasonable period granted to the European Union in accordance with the DSU to comply with the recommendations or decisions of the DSB, the European Union Courts cannot conduct a review of the lawfulness of the European Union measures in the light of the WTO rules, without rendering that reasonable period ineffective (see, to that effect, Case C-93/02 P Biret International v Council [2003] ECR I-10497, paragraphs 61 and 62, and X and X , paragraph 41). | 11 ON THE CONTRARY , THE WORD ' OBLIGATION ' IN THE ARTICLE REFERS TO THE CONTRACTUAL OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS .
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12,205 | 23 It should be recalled, at the outset, that according to the settled case-law of the Court, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it is part (see, inter alia, the judgments in Case 292/82 Merck v Hauptzollamt Hamburg-Jonas [1983] ECR 3781, paragraph 12; and in Case 337/82 St. Nikolaus Brennerei v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10). | 67. In the light of those considerations, a Member State cannot be allowed to plead the increased cost of military material because of the application of customs duties on imports of such material from third countries in order to avoid, at the expense of other Member States who collect and pay the customs duties on such imports, the obligations which the principle of joint financing of the European Union budget imposes on it ( Commission v Greece , paragraph 55). | 0 |
12,206 | 27. It is to be borne in mind that it is settled case-law that the different language versions of a text of European Union law must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part (see, inter alia, Case C-340/08 M and Others [2010] ECR I-3913, paragraph 44 and case-law cited). | 111 It follows from those provisions, taken together, that Regulation No 2409/92 has, indirectly but definitely, prohibited air carriers of non-member countries which operate in the Community from introducing new products or fares lower than the ones existing for identical products. By proceeding in that way, the Community legislature has limited the freedom of those carriers to set fares and rates, where they operate on intra-Community routes by virtue of the fifth-freedom rights which they enjoy. Accordingly, to the extent indicated in Article 1(3) of Regulation No 2409/92, the Community has acquired exclusive competence to enter into commitments with non-member countries relating to that limitation on the freedom of non-Community carriers to set fares and rates. | 0 |
12,207 | 55. Thus, where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I‑7063, paragraphs 27 to 49, and Case C-319/02 Manninen [2004] ECR I‑7477, paragraphs 29 to 55). | 9 IL CONVIENT DE RELEVER, POUR CE QUI EST DU PREMIER VOLET DE CE GRIEF, QUE LES INTERDICTIONS ENONCEES A L' ARTICLE 5, SOUS B ) ET C ), DE LA DIRECTIVE DOIVENT S' APPLIQUER SANS RESTRICTION DANS LE TEMPS . EN EFFET, UNE PROTECTION ININTERROMPUE DE L' HABITAT DES OISEAUX EST NECESSAIRE ETANT DONNE QUE DE NOMBREUSES ESPECES REUTILISENT CHAQUE ANNEE LES NIDS CONSTRUITS LES ANNEES PRECEDENTES . UNE SUSPENSION DE CETTE PROTECTION PENDANT TOUTE UNE PERIODE DE L' ANNEE NE SAURAIT DONC ETRE CONSIDEREE COMME COMPATIBLE AVEC LES INTERDICTIONS SUSMENTIONNEES . | 0 |
12,208 | 101. As the Court has already stated, the Community legislature thus meant to secure the principle of freedom to set rates in the non-life insurance sector, including third-party liability motor insurance (Case C-59/01 Commission v Italy [2003] ECR I-1759, paragraph 29, and Case C‑346/02 Commission v Luxembourg , paragraph 21). | 29. It is apparent that the Community legislature clearly meant to secure the principle of freedom to set rates in the non-life insurance sector, including the area of compulsory insurance such as insurance covering third-party liability arising from the use of motor vehicles. That principle implies the prohibition of any system of prior or systematic notification or approval of the rates which an undertaking intends to use in its dealings with policy-holders. The only derogation from that principle allowed by Directive 92/49 concerns prior notification and approval of "increases in premium rates" in the framework of a "general price-control system" . | 1 |
12,209 | 117 Provided that the abovementioned provision is binding on the sectoral pension fund regarding the exercise of its power of exemption, it cannot be regarded as likely to lead the fund to abuse that power. In such circumstances, the fund merely checks that the conditions laid down by the competent minister are complied with (see, to that effect, Joined Cases C-46/90 and C-93/91 Lagauche and Others [1993] ECR I-5267, paragraph 49). | 68. With regard to the purpose of Directive 2001/44, it follows from the first three recitals in its preamble that it seeks to safeguard the ‘fiscal neutrality of the internal market’ and to protect the financial interests of both the Community and the Member States. | 0 |
12,210 | 55. In addition, as the Hungarian Government also observes, if, in order to pass on the burden of the tax payable in connection with his own business to the following stage in the distribution or consumption process, a taxable person included that burden in his sale price, the basis of assessment for the HIPA would then include the tax itself, with the result that the HIPA would be calculated on an amount based on a sale price incorporating, in anticipation, the tax to be paid (see, by analogy, Banca Popolare di Cremona , paragraph 33). | 98. Il suffit, à cet égard, de relever que l’annulation prononcée par la Cour constitue en elle-même une réparation adéquate du préjudice que M me Neirinck peut avoir subi dans le cas d’espèce (voir, en ce sens, arrêt du 9 juillet 1987, Hochbaum et Rawes/Commission, 44/85, 77/85, 294/85 et 295/85, Rec. p. 3259, point 22). La demande indemnitaire présentée par la requérante est donc rejetée.
Sur les dépens | 0 |
12,211 | 23. Accordingly, national legislation introducing a technical framework governing how insurance undertakings are to calculate their premiums is not contrary to the principle of freedom to set rates on the sole ground that that technical framework affects premium rate changes (see, to that effect, Case C‑346/02 Commission v Luxembourg , paragraph 25; Case C‑347/02 Commission v France , paragraph 26; and Case C‑518/06 Commission v Italy , paragraph 105). | 20 FOR THIS PURPOSE NOT ONLY MUST THE DURATION OF PERIODS OF ACTIVITY BE CONSIDERED, BUT ALSO THE NATURE OF THE EMPLOYMENT IN QUESTION . | 0 |
12,212 | 35. It is also clear from the Court ' s case-law that the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish that product or service from others which have another origin and that, for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the EC Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality (see, in particular, Case C-349/95 Loendersloot [1997] ECR I-6227, paragraphs 22 and 24; Case C-39/97 Canon [1998] ECR I-5507, paragraph 28, and Philips , paragraph 30). | 41. Par ailleurs, il y a lieu de rappeler que le CCP ne vise qu’à rétablir une durée de protection effective suffisante du brevet de base en permettant à son titulaire de bénéficier d’une période d’exclusivité supplémentaire à l’expiration de ce brevet, destinée à compenser, au moins partiellement, le retard pris dans l’exploitation commerciale de son invention en raison du laps de temps qui s’est écoulé entre la date du dépôt de la demande de brevet et celle de l’obtention de la première AMM dans l’Union (arrêts du 11 novembre 2010, Hogan Lovells International, C‑229/09, Rec. p. I‑11335, point 50; ainsi que du 12 décembre 2013, Actavis Group PTC et Actavis UK, C‑443/12, point 31; et Georgetown University, C‑484/12, point 36). | 0 |
12,213 | 50
In that regard, the Court has held that it is the competent authorities of the Member State wishing to rely on an objective capable of justifying a restriction of the freedom to provide services which must supply the national court called on to rule on that question with all the evidence of such a kind as to enable the court to be satisfied that the measure does indeed comply with the requirements laid down by the Court of Justice to be able to be regarded as justified (see, to that effect, judgment of 30 April 2014, Pfleger and Others, C‑390/12, EU:C:2014:281, paragraph 50 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,214 | 37. It follows that, under Article 17(1) and (2) of the Sixth Directive, Kretztechnik is entitled to deduct all the VAT charged on the expenses incurred by that company for the various supplies which it acquired in the context of the share issue carried out by it, provided, however, that all the transactions carried out by that company in the context of its economic activity constitute taxed transactions. A taxable person who effects both transactions in respect of which VAT is deductible and transactions in respect of which it is not may, under the first subparagraph of Article 17(5) of the Sixth Directive, deduct only that proportion of the VAT which is attributable to the former transactions ( Abbey National , paragraph 37, and Cibo Participations , paragraph 34). | 61. Consequently, the Court takes the view that all the legal and factual circumstances pertaining to the infringement established indicate that effective prevention of future repetition of similar infringements of European Union law requires the adoption of a deterrent measure, such as the imposition of a lump sum payment (see, to that effect Case C‑374/11 Commission v Ireland , paragraph 48 and the case-law cited). | 0 |
12,215 | 56. Therefore, contrary to the appellant’s contentions, such a partial annulment of the decision of 24 February 2004 did not preclude the Secretary-General from resuming the procedure for the recovery of sums due after having been duly empowered by the Bureau, in accordance with Article 27(4) of the EAM Rules as interpreted by the Gorostiaga judgment. As the Court of First Instance correctly held in paragraph 30 of the order under appeal, the procedure for replacing an annulled measure may be resumed at the very point at which the illegality occurred without necessarily affecting the preparatory acts (see, to that effect, Case C-415/96 Spain v Commission [1998] ECR I‑6993, paragraphs 31 and 32). | 52. That situation is therefore likely to jeopardise the principles of fiscal neutrality and legal certainty. | 0 |
12,216 | 23. As the obligation to notify referred to, inter alia, in the first subparagraph of Article 8(1) of Directive 98/34 is essential for achieving that Community control, the effectiveness of such control will be that much greater if that directive is interpreted as meaning that failure to observe the obligation to notify constitutes a substantial procedural defect such as to render the technical regulations in question inapplicable and therefore unenforceable against individuals ( CIA Security International , paragraphs 44, 48 and 54, and Lemmens , paragraph 33). | 78. In that situation, treating equally the use of a company car by the employees in question and other residents of the Kingdom of Denmark as regards the imposition of such a tax is legitimate and is sufficient to justify the restriction on freedom of movement for workers. | 0 |
12,217 | 26. That clause is set out in the Cooperation Agreement, which was approved on behalf of the Community by Regulation No 1591/84 and thus constitutes, in light of settled case-law, an act of the Community institutions which the Court has jurisdiction to interpret in preliminary ruling proceedings (see, to this effect, Case 181/73 Haegeman [1974] ECR 449, paragraphs 4 to 6; Case C-162/96 Racke [1998] ECR I‑3655, paragraph 41; and Case C-301/08 Bogiatzi [2009] ECR I‑0000, paragraph 23). | 61 MOREOVER, THE FACT THAT THE AMOUNTS FOR WHICH APPLICATIONS FOR THE PURPOSE OF IMPORTING WERE MADE OUTSIDE THE INVITATIONS TO TENDER WERE REDUCED IN PROPORTION WHEN THEY EXCEEDED IN THE AGGREGATE THE CEILING OF 10 000 METRIC TONS WAS LIKELY TO DISSUADE THOSE CONCERNED FROM MAKING USE OF THIS SYSTEM OF IMPORTING AND INDUCE THEM TO OBTAIN THEIR SUPPLIES DIRECT FROM NATIONAL PRODUCERS . | 0 |
12,218 | 14 The Court has further held that, in accordance with the requirements of the principle that the common system of VAT should be neutral, the concept of `exploitation' within the meaning of Article 4(2) refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the property in question on a continuing basis (Van Tiem, paragraph 18). | 36
In the second place, such an interpretation is consistent with the objectives of Directive 2004/48, which lays down a minimum standard concerning the enforcement of intellectual property rights in general. | 0 |
12,219 | 49. Whilst, for the Republic of Finland, granting a tax credit in relation to corporation tax due in another Member State would entail a reduction in its tax receipts in relation to dividends paid by companies in other Member States, it has been consistently held in the case-law that reduction in tax revenue cannot be regarded as an overriding reason in the public interest which may be relied on to justify a measure which is in principle contrary to a fundamental freedom ( Verkooijen , paragraph 59; Case C-136/00 Danner [2002] ECR I-8147, paragraph 56; X and Y , paragraph 50). | 99 Under the rules at issue in the main proceedings, the grant of authorisation allowing assumption of the costs of a medical service provided abroad is subject to a second condition, namely that it be proved that the insured person's medical treatment requires that service. | 0 |
12,220 | 6 Even though Article 171 of the EEC Treaty does not specify the period within which a judgment must be complied with, the interest in the immediate and uniform application of Community law requires that the process of compliance with a judgment must be initiated immediately and must be completed as soon as possible (see the judgment in Case 169/87 Commission v France [1988] ECR 4093, paragraph 14). | 14 In that regard it must be emphasized that even though Article 171 does not specify the period within which a judgment must be complied with, it is clear that the process of complying with a judgment must be initiated at once and must be completed as soon as possible . In this case it is clear that a delay in complying with a judgment that goes beyond the minimum period needed for the adoption of the measures required is particularly unjustifiable since Article 12 of Directive 72/464/EEC imposed on the Member States an obligation to bring into force not later than 1 July 1973 the provisions laid down by law, regulation or administrative action necessary to comply with that directive . | 1 |
12,221 | 74 That is why the more recent case-law of the Court refers to a maximum time-limit of two months (see, for example, Germany v Commission, cited above, paragraph 11, Case C-312/90 Spain v Commission [1992] ECR I-4117, paragraph 18, and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 38). The Commission's first argument must therefore be rejected. | 82. Quant à la finalité des programmes d’action, la Cour a déjà jugé que ces programmes impliquent de réaliser un examen global, au niveau des zones vulnérables, des problèmes environnementaux liés à la pollution par les nitrates à partir de sources agricoles et d’instaurer un système organisé visant à assurer un niveau général de protection contre une telle pollution (arrêt Terre wallonne et Inter-Environnement Wallonie, C‑105/09 et C‑110/09, EU:C:2010:355, point 46). | 0 |
12,222 | 62. It should be recalled that the fundamental right to property, which includes intellectual property rights such as copyright (see, to that effect, Case C‑479/04 Laserdisken [2006] ECR I‑8089, paragraph 65), and the fundamental right to effective judicial protection constitute general principles of Community law (see respectively, to that effect, Joined Cases C‑154/04 and C‑155/04 Alliance for Natural Health and Others [2005] ECR I‑6451, paragraph 126 and the case-law cited, and Case C‑432/05 Unibet [2007] ECR I‑2271, paragraph 37 and the case-law cited). | 126. It is clear from settled case-law that the right to property, with which the provisions reproduced in the preceding paragraph are concerned, and likewise the freedom to pursue an economic activity, form part of the general principles of Community law. However, those principles are not absolute but must be viewed in relation to their social function. Consequently, the exercise of the right to property and the freedom to pursue an economic activity may be restricted, provided that any restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute in relation to the aim pursued a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (see, inter alia, Case 265/87 Schräder [1989] ECR 2237, paragraph 15, and Case C‑200/96 Metronome Musik [1998] ECR I‑1953, paragraph 21). | 1 |
12,223 | 36. More particularly, it has already been held that the exception relating to ‘pay’ set out in Article 137(5) EC is explained by the fact that fixing the level of pay falls within the contractual freedom of the social partners at a national level and within the relevant competence of Member States. In those circumstances, as European Union law stood, it was decided to exclude determination of the level of wages from harmonisation under Article 136 EC et seq. (see Del Cerro Alonso , paragraphs 40 and 46, and Impact , paragraph 123). | 25. The objective of Directive 96/9 is, by approximating national laws, to remove the differences which existed between them in relation to the legal protection of databases, and which adversely affected the functioning of the internal market, the free movement of goods and services within the European Union and the development of an information market within the European Union (see Case C-604/10 Football Dataco and Others [2012] ECR, paragraph 48). | 0 |
12,224 | 40. Fourth, the Court must establish whether the limitations placed on those rights are proportionate to the aims pursued by Regulation No 2252/2004 and, by extension, to the objective of preventing illegal entry into the European Union. It must therefore be ascertained whether the measures implemented by that regulation are appropriate for attaining those aims and do not go beyond what is necessary to achieve them (see Volker und Markus Schecke and Eifert , paragraph 74). | 59. Thus, to guarantee that the victim can effectively and adequately take part in the criminal proceedings, his or her right to be heard must permit not only the possibility of objectively describing what happened, but also the opportunity to express his or her opinion. | 0 |
12,225 | 36. As regards the scope of Article 135(1)(f) of that directive, the Court has held that transactions in shares and other securities are transactions on the market in marketable securities and that trade in securities involves acts which alter the legal and financial situation as between the parties (see, to that effect, Case C-2/95 SDC [1997] ECR I-3017, paragraphs 72 and 73, and Case C-259/11 DTZ Zadelhoff [2012] ECR, paragraph 22). | 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 |
12,226 | 35. Indeed, it is apparent from the Court’s well established case-law that the text of Article 81(1) EC refers generally to all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the common market, irrespective of the market on which the parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of the arrangements in question (see, to that effect, judgments in LTM , 56/65, EU:C:1966:38, p. 358; Consten and Grundig v Commission , 56/64 and 58/64, EU:C:1966:41, p.p. 492 and 493; Musique Diffusion française and Others v Commission , 100/80 to 103/80, EU:C:1983:158, paragraphs 72 to 80; Binon , 243/83, EU:C:1985:284, paragraphs 39 to 47; and Javico , C‑306/96, EU:C:1998:173, paragraphs 10 to 14). | 26
In any event, an infringement of EU law is sufficiently serious where it was made in manifest breach of the case-law of the Court in the matter (see judgments of 30 September 2003 in Köbler, C‑224/01, EU:C:2003:513, paragraph 56; of 12 December 2006 in Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 214, and of 25 November 2010 in Fuß, C‑429/09, EU:C:2010:717, paragraph 52). | 0 |
12,227 | 17 In this connection the first point to note is that national legislation similar to the Greek legislation in issue is the subject of well-established case-law of the Court (see, primarily, Factortame and Others, cited above, and Case C-93/89 Commission v Ireland [1991] ECR I-4569, Case C-246/89 Commission v United Kingdom [1991] ECR I-4585, Case C-334/94 Commission v France [1996] ECR I-1307 and Case C-151/96 Commission v Ireland [1997] ECR I-3327). | 35 It follows that the exceptions to the scope of the basic Directive, including that provided for in Article 2(2), must be interpreted restrictively. | 0 |
12,228 | 23 In the exercise of its powers under Articles 211 EC and 226 EC, the Commission does not have to show that there is a specific interest in bringing the action since its function is, in the general interest of the Community, to ensure that Member States give effect to the Treaty and to obtain a declaration of any failure to fulfil the obligations deriving therefrom, with a view to bringing it to an end (Case 167/73 Commission v France [1974] ECR 359, paragraph 15, Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 21, and Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 59). | 25 Similarly, Directive 77/187 must be capable of applying where, as in these cases before the national courts, an undertaking which used to have recourse to another undertaking for the cleaning of its premises or part of them decides to terminate its contract with that other undertaking and in future to carry out that work itself. | 0 |
12,229 | 47. It is, moreover, clear from the case-law of the Court that, where a contract contains both elements relating to a public works contract and elements relating to another type of contract, it is the main purpose of the contract that determines which Community directive on public procurement is to be applied in principle (see Case C-220/05 Auroux and Others [2007] ECR I-385, paragraph 37). | 37. It is clear from the case-law of the Court that, where a contract contains elements relating both to a public works contract and another type of public contract, it is the main purpose of the contract which determines which Community directive on public contracts is to be applied in principle (see Case C-331/92 Gestiόn Hotelera Internacional [1994] ECR I-1329, paragraph 29). | 1 |
12,230 | 64. The prohibition on measures having an effect equivalent to quantitative restrictions laid down in Article 30 of the Treaty relates to all rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C-192/01 Commission v Denmark [2003] ECR I‑0000, paragraph 39). | 29. As to whether Post Danmark pursued an anti-competitive strategy, it can be seen from the documents before the Court that the complaint at the source of the main proceedings was based on the suggestion that Post Danmark, by a policy of low prices directed at certain of its competitor’s major customers, might drive that competitor from the market in question. However, as is apparent from the order for reference, it could not be established that Post Danmark had deliberately sought to drive out that competitor. | 0 |
12,231 | 27. As regards the Commission’s argument that the disputes in the main proceedings are governed exclusively by Titles II and VI of Law No 287/90, so that Article 1(4) of the same Law, which falls under Title I thereof, is not relevant, the fact remains that that assessment is not shared by the Consiglio di Stato, which expressly referred to Article 1(4) as a ground for its reference for a preliminary ruling. In this respect, it should be recalled that it is not for the Court to determine the accuracy of the legislative context which the national court is responsible for defining ( Salzmann , paragraph 31; Case C‑213/04 Burtscher [2005] ECR I‑10309, paragraph 35; and Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I-0000, paragraph 22). | 138. Eu égard à l’étendue du pouvoir d’appréciation dont dispose le Conseil en l’espèce, la décision attaquée ne saurait être considérée comme violant le principe de proportionnalité en raison du seul fait qu’il aurait été envisageable, pour la République de Pologne, de poursuivre l’objectif visé au point 131 du présent arrêt au moyen d’un autre type de régime d’aides. En effet, il résulte d’une jurisprudence constante que, lors de l’examen du respect du principe de proportionnalité par une décision prise sur la base d’un pouvoir d’appréciation tel que celui dont est investi le Conseil par l’article 88, paragraphe 2, troisième alinéa, CE, la Cour doit déterminer non pas si la décision adoptée était la seule ou la meilleure possible, mais seulement si celle-ci était manifestement disproportionnée (voir, par analogie, arrêt du 11 juin 2009, Agrana Zucker, C‑33/08, Rec. p. I‑5035, point 33 et jurisprudence citée). | 0 |
12,232 | 41. In that regard, regard should be had to the settled case-law, according to which the expressions which define taxable transactions for the purposes of the common system of VAT are objective in nature and apply without regard to the purpose or results of the transactions concerned (see, to that effect, Joined Cases C‑354/03, C-355/03 and C‑484/03 Optigen and Others [2006] ECR I‑483, paragraph 44, and Joined Cases C‑439/04 and C‑440/04 Kittel and Recolta Recycling [2006] ECR I‑6161, paragraph 41). Consequently, it is necessary that the classification of intra-Community supplies and acquisitions be made on the basis of objective matters, such as the physical movement of the goods concerned between Member States ( Teleos and Others , paragraph 40). | 44. In fact, that analysis and that of the definitions of ‘supply of goods’ and ‘taxable person acting as such’ show that those terms, which define taxable transactions under the Sixth Directive, are all objective in nature and apply without regard to the purpose or results of the transactions concerned. | 1 |
12,233 | 68. In order to assess the soundness of that reasoning of the Court of First Instance, it must be pointed out that it is clear from the Court of Justice’s recent case‑law that a reduction under the Leniency Notice can be justified only where the information provided and, more generally, the conduct of the undertaking concerned might be considered to demonstrate a genuine spirit of cooperation on its part (see Joined Cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraphs 388 to 403, particularly paragraph 395). | 42. Moreover, since the E 101 certificate is binding on that competent institution, there can be no justification for the person who calls on that worker’s services not to act upon that certificate. If he has doubts as to the validity of the certificate, that person must however inform the institution in question (judgment in Banks and Others , C‑178/97, EU:C:2000:169, paragraph 47). | 0 |
12,234 | 15 Further, according to the Court's case-law (see, in particular, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 31), where national legislation falls within the field of application of Community law the Court, in a reference for a preliminary ruling, must give the national court all the guidance as to interpretation necessary to enable it to assess the compatibility of that legislation with the fundamental rights - as laid down in particular in the Convention - whose observance the Court ensures. However, the Court has no such jurisdiction with regard to national legislation lying outside the scope of Community law. | 47. The provisions of Article 14 of that regulation, which, as is clear from the 17th and 18th recitals of the preamble thereto, were adopted on the basis of the public interest in safeguarding agricultural production, constitute an exception to that rule. | 0 |
12,235 | 35. The Court has stated in this regard that taxes, duties and charges must in any event be regarded as being imposed on the movement of goods and services in a way comparable to VAT if they exhibit the essential characteristics of VAT, even if they are not identical to it in every way (Case C‑200/90 Dansk Denkavit and Poulsen Trading [1992] ECR I‑2217, paragraphs 11 and 14; Case C‑308/01 GIL Insurance and Others [2004] ECR I‑4777, paragraph 32; and Banca Popolare di Cremona , paragraph 26). | 81. The choice as to the number of comparisons which the advertiser wishes to make between the products which he is offering and those offered by his competitors falls within the exercise of his economic freedom. Any obligation to restrict each price comparison to the average prices of the products offered by the advertiser and those of rival products would be contrary to the objectives of the Community legislature. | 0 |
12,236 | 61. It must be stated in that regard that, since the abovementioned provision has direct effect, it is binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities such as Länder , cities and towns or communes, and those authorities are required to apply it (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33). | 22. Quant à l’existence de restrictions aux mouvements de capitaux au sens de l’article 63, paragraphe 1, TFUE, il convient de rappeler que les mesures interdites par cette disposition comprennent celles qui sont de nature à dissuader les non-résidents de faire des investissements dans un État membre ou à dissuader les résidents dudit État membre d’en faire dans d’autres États (voir arrêts du 25 janvier 2007, Festersen, C‑370/05, Rec. p. I‑1129, point 24; du 18 décembre 2007, A, C‑101/05, Rec. p. I‑11531, point 40; du 22 janvier 2009, STEKO Industriemontage, C‑377/07, Rec. p. I‑299, point 23, ainsi que Busley et Cibrian Fernandez, précité, point 20). | 0 |
12,237 | 40. If the taking of shares does not in itself constitute an economic activity within the meaning of the Sixth Directive, the same must be true of activities consisting in the transfer of such shares (Case C-155/94 Wellcome Trust [1996] ECR I-3013, paragraph 33). | 17 This analysis cannot be altered by the fact that the mark protected by national legislation and the similar mark borne by the imported goods by virtue of the legislation of their Member State of origin originally belonged to the same proprietor, who was divested of one of them following expropriation by one of the two States prior to the establishment of the Community . | 0 |
12,238 | 22. The Court has held in that regard that the underlying reasons for the special scheme for travel agents and tour operators are equally valid where the trader is not a travel agent or tour operator within the normal meaning of those terms, but effects identical transactions in the context of another activity, such as that of hotelier. To interpret Article 26 of the Sixth Directive as applying solely to traders who are travel agents or tour operators within the normal meaning of those terms would mean that identical services would come under different provisions depending on the formal classification of the trader ( Madgett and Baldwin , paragraphs 20 and 21). | 91. In that regard it must be recalled that, in accordance with settled case-law, the prevention of tax evasion can be accepted as justification only if the legislation is aimed at wholly artificial arrangements the objective of which is to circumvent the tax laws, which precludes any general presumption of tax evasion. Consequently, a general presumption of tax avoidance or tax evasion cannot justify a fiscal measure which compromises the objectives of the Treaty (see, to that effect, Case C‑478/98 Commission v Belgium [2000] ECR I‑7587, paragraph 45; Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 27; and Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraph 50 and case-law cited there). | 0 |
12,239 | 26. It is first necessary to point out that it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the section and chapter notes (see, inter alia, Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 13; Case C-495/03 Intermodal Transports [2005] ECR I-8151, paragraph 47; Case C-445/04 Possehl Erzkontor [2005] ECR I-10721, paragraph 19; and Case C-500/04 Proxxon [2006] ECR I-1545, paragraph 21). | 44. The answer to Question 2 should therefore be that Article 1 of the Third Directive satisfies all the conditions necessary for it to produce direct effect and accordingly confers rights upon which individuals may rely directly before the national courts. However, it is for the national court to determine whether that provision may be relied upon against a body such as the MIBI.
Costs | 0 |
12,240 | 32. For that purpose, Article 5 of Directive 89/104 confers on the trade mark proprietor exclusive rights which entitle him inter alia to prevent any third party from importing goods bearing the mark, offering the goods, or putting them on the market or stocking them for those purposes without his consent (judgments in Zino Davidoff and Levi Strauss , C‑414/99 to C‑416/99, EU:C:2001:617, paragraph 40; Van Doren + Q , C‑244/00, EU:C:2003:204, paragraph 33; and Peak Holding , C‑16/03, EU:C:2004:759, paragraph 34). | 19. The referring court does, however, see certain points of convergence between the main proceedings and the case which gave rise to the judgment in Gielen (C‑440/08, EU:C:2010:148) since, in the latter case, the Court held that the fact that a non-resident taxpayer was able to opt for the taxation regime of resident taxpayers rather than being subject to that applicable to non-resident taxpayers cannot remove the discriminatory nature of a specific tax advantage. None the less, that court notes that, unlike the facts of the case which gave rise to the judgment in Gielen (C‑440/08, EU:C:2010:148), the main proceedings concern a tax advantage which is not specific and that, in Sweden, a non-resident taxpayer may choose between ‘two entirely different regimes’ for the taxation of his income. | 0 |
12,241 | 26. First of all, it must be borne in mind that the general principle of mutual recognition of driving licences issued by the Member States, laid down in Article 1(2) of Directive 91/439, was established in order, inter alia, to facilitate the movement of persons settling in a Member State other than that in which they have passed a driving test (see, inter alia, Case C‑476/01 Kapper [2004] ECR I‑5205, paragraph 71; Joined Cases C‑329/06 and C‑343/06 Wiedemann and Funk [2008] ECR I‑0000, paragraph 49; and Joined Cases C‑334/06 to C‑336/06 Zerche and Others [2008] ECR I‑0000, paragraph 46). | 29 Contrary to the Commission's assertion, the protection of the financial interests of the Community does not follow from the establishment of the customs union, but constitutes an independent objective which, under the scheme of the Treaty, is placed in Title II (financial provisions) of Part V relating to the Community institutions and not in Part III on Community policies, which includes the customs union and agriculture. | 0 |
12,242 | 52. À titre liminaire, il convient de rappeler que, selon la jurisprudence de la Cour, le principe de l’application rétroactive de la peine plus légère fait partie des traditions constitutionnelles communes aux États membres, de sorte qu’il doit être considéré comme un principe général du droit de l’Union dont la Cour assure le respect et que le juge national est tenu d’observer (voir, en ce sens, arrêt du 3 mai 2005, Berlusconi e.a., C‑387/02, C‑391/02 et C‑403/02, Rec. p. I‑3565, points 67 à 69; du 8 mars 2007, Campina, C‑45/06, Rec. p. I‑2089, point 32, et du 11 mars 2008, Jager, C‑420/06, Rec. p. I‑1315, point 59). | 49. In order to reply to those questions, it must be noted that the European arrest warrant may, under Article 1(1) of Framework Decision 2002/584, apply to two situations. Thus, that arrest warrant may be issued, on the one hand, for the purposes of conducting a criminal prosecution or, on the other hand, for the purposes of executing a custodial sentence or detention order. | 0 |
12,243 | 40. If that comparative examination of diplomas results in the finding that the knowledge and qualifications attested by the foreign diploma correspond to those required by the national provisions, the Member State must recognise that diploma as fulfilling the requirements laid down by its national provisions. If, on the other hand, the comparison reveals that the knowledge and qualifications attested by the foreign diploma and those required by the national provisions correspond only partially, the host Member State is entitled to require the person concerned to show that he has acquired the knowledge and qualifications which are lacking (see Vlassopoulou , paragraph 19; Aguirre Borrell and Others , paragraph 14; Case C‑234/97 Fernández de Bobadilla [1999] ECR I‑4773, paragraph 32; Morgenbesser , paragraph 70; and Case C‑255/01 Markopoulos and Others [2004] ECR I‑9077, paragraphs 64 and 65). | 60. It therefore follows from the above that, to the extent that it automatically excludes companies governed by private law from the scoperatione personae of Directive 89/665, the Spanish legislation at issue in the present case is not a correct transposition of the term "contracting authority" appearing in Article 1(1) of that directive, as defined in Article 1(b) of Directives 92/50, 93/36 and 93/37. | 0 |
12,244 | 81. According to the Court’s settled case-law, any economic operator on whose part an institution has promoted reasonable expectations may rely on the principle of the protection of legitimate expectations. However, if a prudent and circumspect operator could have foreseen that the adoption of a Community measure is likely to affect his interests, he cannot plead that principle if the measure is adopted. Furthermore, while the principle of the protection of legitimate expectations is one of the fundamental principles of the Community, economic operators are not justified in having a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of their discretionary power will be maintained, particularly in an area such as that of the common organisation of the markets, the objective of which involves constant adjustment to reflect changes in economic circumstances (Joined Cases C‑37/02 and C‑38/02 Di Lenardo and Dilexport [2004] ECR I‑6911, paragraph 70 and the case-law cited). | 86. In that connection, it must be observed that, according to a document supplied by the Belgian Government, Walloon agriculture contributes 19% of the total nitrogen in the Meuse basin and 17% of the total nitrogen in the Escaut basin. Those two rivers cross the Walloon Region and drain into the North Sea. It must be pointed out that, although minor, those contributions are by no means insignificant. | 0 |
12,245 | 76. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect (Case 147/86 Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 28. Toutefois, ainsi qu’il ressort notamment des points 18 et 29 de l’arrêt attaqué, M. Jurašinović n’a pas fait valoir en première instance que les exceptions prévues à l’article 4, paragraphe 1, sous a), premier et troisième tirets, du règlement n o 1049/2001 n’étaient pas applicables aux documents en cause, mais s’est limité à contester le bien-fondé des arguments avancés par le Conseil dans la décision litigieuse visant à établir que la divulgation de ces documents aurait porté atteinte aux intérêts protégés par ces exceptions. | 0 |
12,246 | 37 Lastly, it follows from consistent case-law since Francovich I, cited above, at paragraphs 41 to 43, that, subject to the foregoing, it is on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss or damage caused; further, the conditions for reparation of loss or damage laid down by national law must not be less favourable than those relating to similar domestic claims and must not be so framed as to make it virtually impossible or excessively difficult to obtain reparation. | 11 WHILST THE SECOND STAGE CONSISTS MAINLY OF COMPARISON, AND IS ACCORDINGLY COVERED BY THE SECRECY INHERENT IN THE TASK OF A SELECTION BOARD, THE FIRST, PARTICULARLY WHERE THE COMPETITION IS BASED ON FORMAL QUALIFICATIONS, ENTAILS THE MATCHING OF THE QUALIFICATIONS OFFERED BY THE CANDIDATES AGAINST THE QUALIFICATIONS REQUIRED BY THE NOTICE OF COMPETITION . | 0 |
12,247 | 90. Moreover, while Article 45(3)(d) TFEU and Article 17(1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) provide for a right of a person, after ceasing work, to stay in the Member State to which he moved for the purpose of working there, it follows from the case-law that a person who has carried out all his occupational activity in the Member State of which he is a national and has exercised the right to reside in another Member State only after his retirement, without any intention of working in that other State, cannot rely on the principle of freedom of movement for workers (Case C‑520/04 Turpeinen [2006] ECR I‑10685, paragraph 16, and Case C‑544/07 Rüffler [2009] ECR I‑3389, paragraph 52). | Par ailleurs, comme le Tribunal l’a également fait observer au point 98 de l’arrêt attaqué, la notion de prévisibilité dans
ce contexte dépend dans une large mesure du contenu du texte dont il s’agit, du domaine qu’il couvre ainsi que du nombre et
de la qualité de ses destinataires (arrêt 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, EU:C:2005:408, point 219). | 0 |
12,248 | 55
An undertaking which has participated in a single and complex infringement of that kind by its own conduct, which fell within the definition of an agreement or concerted practice having an anticompetitive object within the meaning of Article 101(1) TFEU and was intended to help bring about the infringement as a whole, may thus be responsible also in respect of the conduct of other undertakings in the context of the same infringement throughout the period of its participation in the infringement. That is the position where it is shown that the undertaking intended, through its own conduct, to contribute to the common objectives pursued by all the participants and that it was aware of the offending conduct planned or put into effect by other undertakings in pursuit of the same objectives or that it could reasonably have foreseen it and was prepared to take the risk (see, to that effect, judgment of 24 June 2015, Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce, C‑293/13 P and C‑294/13 P, EU:C:2015:416, paragraph 157 and the case-law cited). | 35 That provision draws no distinction between the kinds of transfer duties which may be charged by the Member States. It permits Member States, in general terms, to charge - separately from capital duty, but in relation to a contribution to a capital company - duties in respect of which the operative event is objectively linked to the transfer of businesses or immovable property. | 0 |
12,249 | 58. The mere fact that a Member State has opted for a system of protection which differs from that adopted by another Member State cannot affect the assessment of the need for, and proportionality of, the provisions enacted to that end. Those provisions must be assessed solely by reference to the objectives pursued by the competent authorities of the Member State concerned and the degree of protection which they seek to ensure (Case C-124/97 Läärä and Others [1999] ECR I‑6067, paragraph 36, and Case C-67/98 Zenatti [1999] ECR I‑7289, paragraph 34). | 29 It should be borne in mind that, according to the fundamental principle which underlies the VAT system, and which follows from Article 2 of the First and Sixth Directives, VAT applies to each transaction by way of production or distribution after deduction of the VAT directly borne by the various cost components (see, to this effect, Case C-62/93 BP Supergas [1995] ECR I-1883, paragraph 16). | 0 |
12,250 | 45
However, rules such as those which are not intended to compel suppliers and retailers to conclude agreements or to take any other action of the kind referred to in Article 101(1) TFEU but which, on the contrary, entrust to the public authorities responsibility for fixing prices to the consumer do not infringe that provision, read in conjunction with Article 4(3) TEU (see, to that effect, judgment of 29 January 1985, Cullet and Chambre syndicale des réparateurs automobiles et détaillants de produits pétroliers, 231/83, EU:C:1985:29, paragraphs 17 and 18). Similarly, rules which lay down a prohibition which is self-sufficient neither require nor favour the conclusion of anti-competitive agreements (see, to that effect, judgment of 17 November 1991, Ohra Schadeverzekeringen, C‑245/91, EU:C:1993:887, paragraph 11). | 64. In the context of the main proceedings, it should be emphasised that, where a restrictive system has been established for games of chance and that system is incompatible with Article 56 TFEU, an infringement of the system by an economic operator cannot give rise to penalties (see, to that effect, Placanica and Others EU:C:2007:133, paragraphs 63 and 69, and Dickinger and Ömer EU:C:2011:582, paragraph 43).
Costs | 0 |
12,251 | 33
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. To that end, the Court may have to reformulate the questions referred to it. The Court has a duty to interpret all provisions of EU law which national courts require in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court by those courts (see, inter alia, judgments of 14 October 2010, Fuß, C‑243/09, EU:C:2010:609, paragraph 39; of 30 May 2013, Worten, C‑342/12, EU:C:2013:355, paragraph 30; and of 19 September 2013, Betriu Montull, C‑5/12, EU:C:2013:571, paragraph 40). | 35. It follows from these findings that the second limb of the first ground of appeal is unfounded.
The third limb of the first ground of appeal | 0 |
12,252 | 19. Consequently, Article 40 of the EEA Agreement and Annex XII thereto are applicable to a dispute such as that before the referring court, which relates to a transaction between nationals of States which are party to that Agreement. According to settled case-law, the Court may give an interpretation of those provisions where a reference is made by a court of a Member State of the European Union with regard to the scope within that Member State of an agreement which forms an integral part of the EU legal system (see Case C-321/97 Andersson and Wåkerås-Andersson [1999] ECR I-3551, paragraphs 26 to 31; Case C-300/01 Salzmann [2003] ECR I-4899, paragraph 65; and Case C‑452/01 Ospelt and Schlössle Weissenberg [2003] ECR I‑9743, paragraph 27). | 24. It is for the national courts to interpret those rules having regard for the principle of legal certainty, which is one of the objectives of Regulation No 44/2001 (see, in relation to the Brussels Convention, Case C-440/97 GIE Groupe Concorde and Others [1999] ECR I-6307, paragraph 23; Case C-256/00 Besix [2002] ECR I-1699, paragraph 24; and Case C-281/02 Owusu [2005] ECR I-1383, paragraph 38). | 0 |
12,253 | 56
It is clear from the wording of that provision that the acquisition of the rights set out in that provision is subject to three cumulative conditions: the person concerned must be a member of the family of a Turkish worker who is already duly registered as belonging to the labour force of the host Member State; that person has been authorised by the competent authorities of that State to join that worker there, and he has been legally resident in that Member State for three or five years (see, to that effect, judgment of 19 July 2012, Dülger, C‑451/11, EU:C:2012:504, paragraph 29). | 62
However, such an application by analogy is neither necessary nor possible where the Court, by its answer to a question referred for a preliminary ruling, has provided the referring court with all the information necessary to classify a product under the appropriate CN heading. | 0 |
12,254 | 59. Since the postulated connection between the respective levels of direct payments stems from the 2003 Act of Accession and, consequently, from provisions of primary law (see, to that effect, judgment in Parliament v Council , C‑413/04, EU:C:2006:741, paragraph 43), it must be assumed in the interpretation of Regulation No 73/2009 in so far as it reflects the provisions set out in Annex II of that Act of Accession. | 13 The ordinary course of trade is a concept which relates to the nature of sales themselves. It is designed to exclude, for the determination of the normal value, situations in which sales on the domestic market are not made under conditions corresponding to the ordinary course of trade, in particular where a product is sold at a price below production costs or where transactions take place between parties which are associated or have a compensatory arrangement with each other. | 0 |
12,255 | 17 It must be remembered from the outset that, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law and avoid any discrimination on grounds of nationality (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19). | 39. Furthermore, Directives 77/780, 89/299 and 89/646 impose on the national authorities a number of supervisory obligations vis-à-vis credit institutions. | 0 |
12,256 | 16. Moreover, it must be noted, first, that Article 7 of Directive 2003/88 is not one of the provisions from which the directive expressly allows derogation (see Schultz-Hoff and Others , EU:C:2009:18, paragraph 24), and, second, that that directive treats entitlement to annual leave and to a payment on that account as being two aspects of a single right. | 21. As regards, in the first place, the prior authorisation scheme at issue, it must be borne in mind that, according to settled case‑law, the national of a Member State with a holding in the capital of a company established in another Member State, allowing him to exert a definite influence on that company’s decisions and to determine its activities, is exercising his right of establishment (see, inter alia, Case C‑212/09 Commission v Portugal [2011] ECR I‑10889, paragraph 42 and the case‑law cited). | 0 |
12,257 | 120
It is the individual nature of those acts which, in accordance with the second paragraph of Article 275 TFEU and the fourth paragraph of Article 263 TFEU, permits natural and legal persons to have access to the Courts of the European Union (judgment in Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2013:258, paragraph 57). However, the fact that the persons and entities who are the subject of the restrictive measures imposed by the regulation at issue are expressly named, so that they appear to be directly and individually concerned by it within the meaning of the fourth paragraph of Article 263 TFEU, does not mean that that act is not of general application within the meaning of the second paragraph of Article 288 TFEU or that it is not to be classified as a ‘regulation’ (judgment in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraph 241). | 29. Having regard to those factors, it must be held that the definition of ‘employment conditions’ within the meaning of clause 4(1) includes the notice period for the termination of fixed-term employment contracts. | 0 |
12,258 | 101
Moreover, as also follows from the Court’s case-law, whilst the fact that the exercise of such a power of opposition may be reviewed by the national courts is necessary for the protection of undertakings in the light of the application of the rules on freedom of establishment, it cannot, however, suffice on its own to make good the incompatibility with those rules of the two aforementioned assessment criteria (see, to that effect, judgment of 26 March 2009, Commission v Italy , C‑326/07, EU:C:2009:193, paragraphs 54 and 72), since, in particular, the legislation concerned also fails to provide the national courts with criteria that are sufficiently precise to enable them to review the way in which the administrative authority exercises its discretion (see, to that effect, judgment of 13 May 2003, Commission v Spain , C‑463/00, EU:C:2003:272, paragraph 79). | 35 In light of those considerations, the reply to be given to the first question must be that periods of service completed by part-time workers who have suffered indirect discrimination based on sex must be taken into account as from 8 April 1976, the date of the judgment in Defrenne, for the purposes of calculating the additional benefits to which they are entitled.
The second question | 0 |
12,259 | 62 In those circumstances, if the traders concerned are not to be deprived of the right to effective judicial protection in the event of a breach of Community law by the institutions, they must be able to rely on the invalidity of Article 4(1) and (2) of Regulation No 1633/84 in respect of periods not only subsequent to, but also prior to, the bringing of an action or the making of an equivalent complaint, in principle as from the date on which the provisions declared invalid by the Court entered into force. | 75. However, since they derogate from the principle of the widest possible public access to documents, those exceptions must be interpreted and applied strictly ( Sison v Council , paragraph 63; Sweden and Turco v Council , paragraph 36; Sweden and Others v API and Commission , paragraph 73). | 0 |
12,260 | 33 It is settled case-law that Article 59 of the Treaty requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State but also the abolition of any restriction, even if it applies to national providers of services and to those of other Member States alike, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (see Case C-76/90 Säger v Dennemeyer [1991] ECR I-4221, paragraph 12; Case C-43/93 Vander Elst v Office des Migrations Internationales [1994] ECR I-3803, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 10; Case C-3/95 Reisebüro Broede v Sandker [1996] ECR I-6511, paragraph 25; Case C-222/95 Parodi v Banque H. Albert de Bary [1997] ECR I-3899, paragraph 18; and Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33). | 39. It should also be recalled that such distortion must be obvious from the documents before the Court, without there being any need to carry out a new assessment of the facts and the evidence (see, inter alia, the judgments in Les Éditions Albert René v OHIM , C‑16/06 P, EU:C:2008:739, paragraph 69, and Waterford Wedgwood v Assembled Investments (Proprietary) and OHIM , C‑398/07 P, EU:C:2009:288, paragraph 41). | 0 |
12,261 | 35. Article 65 of Directive 2006/112, which provides that, where payments are made on account before the goods or services are supplied, VAT becomes chargeable on receipt of the payment and on the amount received, constitutes a derogation from the rule laid down in Article 63 and, as such, must be interpreted strictly (Case C‑419/02 BUPA Hospitals and Goldsborough Developments [2006] ECR I‑1685, paragraph 45). | 37. In that connection, in so far as such royalties are calculated on the basis of the revenue of the television broadcasting societies, they are, in principle, reasonable in relation to the economic value of the service provided by STIM. | 0 |
12,262 | 32 Only in that way, moreover, is it possible to realise the objective, set out in the first subparagraph of Article 3(1) of the directive, of maintaining or restoring the natural habitat types and the species' habitats concerned at a favourable conservation status in their natural range, which may lie across one or more frontiers inside the Community. It follows from Article 1(e) and (i) of the directive, read in conjunction with Article 2(1) thereof, that the favourable conservation status of a natural habitat or a species must be assessed in relation to the entire European territory of the Member States to which the Treaty applies (First Corporate Shipping, cited above, paragraph 23). | 71
However, the imposition of such a supplementary requirement to identify a particular category of undertakings, additional to the analytical method applicable to selectivity in tax matters that may be deduced from the Court’s settled case-law, which essentially involves ascertaining whether the exclusion of certain operators from the benefit of a tax advantage that arises from a measure derogating from an ordinary tax system constitutes discrimination with respect to those operators, cannot be inferred from the Court’s case-law and, in particular, from the judgment of 15 November 2011, Commission and Spain v Government of Gibraltar and United Kingdom (C‑106/09 P and C‑107/09 P, EU:C:2011:732). | 0 |
12,263 | 22 It must be noted at the outset that, in Case C-54/96 Dorsch Consult v Bundesbaugesellschaft Berlin [1997] ECR I-4961, paragraph 40, and Case C-76/97 Tögel v Niederösterreichische Gebietskrankenkasse [1998] ECR I-5357, paragraph 22), the Court held that it was for the legal system of each Member State to determine which court or tribunal has jurisdiction to hear disputes involving individual rights derived from Community law but that in each case the Member States must ensure that those rights are effectively protected. Subject to that reservation, it is not for the Court to involve itself in the resolution of questions of jurisdiction which may arise within the national judicial system from the classification of certain legal situations based on Community law. | 40 It must be stated first of all that it is for the legal system of each Member State to determine which court or tribunal has jurisdiction to hear disputes involving individual rights derived from Community law. However, it is the Member States' responsibility to ensure that those rights are effectively protected in each case. Subject to that reservation, it is not for the Court to involve itself in the resolution of questions of jurisdiction to which the classification of certain legal situations based on Community law may give rise in the national judicial system (judgment in Case C-446/93 SEIM [1996] ECR I-73, paragraph 32). | 1 |
12,264 | 19 In view of those arguments, the Court must reiterate that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the objections raised by the Commission (judgment in Case 293/85 Commission v Belgium [1988] ECR 305, p. 13). | 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 |
12,265 | 28. In that regard, it is sufficient to point out that, as is apparent from settled case-law, the requirements flowing from the protection of the general principles recognised in the legal order of the European Union are also binding on Member States when they implement Union rules, and that consequently they are bound, as far as possible, to apply the rules in accordance with those requirements (see Case C‑540/03 Parliament v Council [2006] ECR I‑5769, paragraph 105 and the case-law cited). | 24 First, child-raising allowance is paid only where the family of the person concerned comprises one or more children. Furthermore, its amount varies partly according to the age and number of the children, and also according to the parents' income. | 0 |
12,266 | 31
In that regard, it must be recalled that Article 49 of the Charter enshrines the principles of legality and proportionality of criminal offences and penalties, according to which, inter alia, no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed; and that, in accordance with the principle ne bis in idem laid down in Article 50 of the Charter, no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in the European Union in accordance with the law. The application of that principle presupposes that the measures which have already been adopted against a person by means of a decision that has become final are of a criminal nature (judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 33). | 33. Application of the ne bis in idem principle laid down in Article 50 of the Charter to a prosecution for tax evasion such as that which is the subject of the main proceedings presupposes that the measures which have already been adopted against the defendant by means of a decision that has become final are of a criminal nature. | 1 |
12,267 | 36 Within those limits, once the Council has laid down in its basic regulation the essential rules governing the matter in question, it may delegate to the Commission general implementing power without having to specify the essential components of the delegated power; for that purpose, a provision drafted in general terms provides a sufficient basis for the authority to act (Case C-240/90 Germany v Commission [1992] ECR I-5383, paragraph 41). | 81. Article 8(3) of Directive 96/62 requires more particularly that, where limit values are exceeded, the Member State concerned must prepare or implement a plan or programme, which must contain the information listed in Annex IV to that directive, concerning such matters as the place where the values were exceeded, the principal sources of emissions responsible for the pollution and measures existing or envisaged. By definition, such a plan or programme must contain a series of appropriate and coherent measures designed to reduce the pollution level in the specific circumstances of the zone concerned. | 0 |
12,268 | 38. The Court has held that, in a situation where the liability of a parent company is purely derivative of that of its subsidiary and in which no other factor individually reflects the conduct for which the parent company is held liable, the liability of that parent company cannot exceed that of its subsidiary (see, to that effect, judgment in Commission v Tomkins , C‑286/11 P, EU:C:2013:29, paragraphs 37, 39, 43 and 49). | 36. The infringements referred to in Article 5(2) of Directive 89/104, where they occur, are the consequence of a certain degree of similarity between the mark and the sign, by virtue of which the relevant section of the public makes a connection between the sign and the mark, that is to say, establishes a link between them without confusing them. It is thus not necessary that the degree of similarity between the mark with a reputation and the sign used by the third party is such that there exists a likelihood of confusion between them on the part of the relevant section of the public. It is sufficient for the degree of similarity between the mark with a reputation and the sign to have the effect that the relevant section of the public establishes a link between the sign and the mark (see Adidas-Salomon and Adidas Benelux , paragraphs 29 and 31, and adidas and adidas Benelux , paragraph 41). | 0 |
12,269 | 49. In that regard, the Court has already recognised on several occasions that measures restricting the advertising of alcoholic beverages in order to combat alcohol abuse reflect public health concerns and that the protection of public health constitutes, as follows also from Article 9 TFEU, an objective of general interest justifying, where appropriate, a restriction of a fundamental freedom (see, to that effect, Case 152/78 Commission v France [1980] ECR 2299, paragraph 17; Joined Cases C-1/90 and C-176/90 Aragonesa de Publicidad Exterior and Publivía [1991] ECR I-4151, paragraph 15; Case C-262/02 Commission v France [2004] ECR I-6569, paragraph 30; and Case C-429/02 Bacardi France [2004] ECR I-6613, paragraph 37). | 131 A comparison between that definition of agreement and the definition of a concerted practice dealt with in paragraphs 118 to 125 of this judgment shows that, from the subjective point of view, they are intended to catch forms of collusion having the same nature and are only distinguishable from each other by their intensity and the forms in which they manifest themselves. | 0 |
12,270 | 35 As the Court has consistently held (see, in particular, Case 70/80 Vigier v Bundesversicherungsanstalt für Angestellte [1981] ECR 229, paragraph 15; Case C-251/89 Athanasopoulos and Others v Bundesanstalt für Arbeit [1991] ECR I-2797, paragraph 28; and Joined Cases C-88/95, C-102/95 and C-103/95 Martínez Losada and Others v Instituto Nacional de Empleo and Instituto Nacional de la Seguridad Social [1997] ECR I-869, paragraph 21), the fact that rules have not been mentioned in the declaration made by a Member State is not conclusive in this regard and is therefore not of itself proof that those rules do not come within the scope of the provision in question. | 28
For the same reasons, that classification requires the existence of a link between the contributions paid by new members and the compensation received by existing members (see, to that effect, judgment of 3 April 2014, 4finance, C‑515/12, EU:C:2014:211, paragraph 27). | 0 |
12,271 | 58. According to settled case-law, in order to assess the anti-competitive nature of an agreement, regard must be had inter alia to the content of its provisions, the objectives it seeks to attain and the economic and legal context of which it forms a part (see, to that effect, Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraph 25, and Case C-209/07 Beef Industry Development Society and Barry Brothers [2008] ECR I-0000, paragraphs 16 and 21). In addition, although the parties’ intention is not a necessary factor in determining whether an agreement is restrictive, there is nothing prohibiting the Commission or the Community judicature from taking that aspect into account (see, to that effect, IAZ International Belgium and Others v Commission , cited above, paragraphs 23 to 25). | 91. It is thus understood that the public which is the subject of the communication is both targeted by the user and receptive, in one way or another, to that communication, and not merely ‘caught’ by chance. | 0 |
12,272 | 20 The Court held in Case 199/85 Commission v Italy [1987] ECR 1039, paragraph 14, that provisions which authorized derogations from the rules of the directive intended to ensure the effectiveness of the rights conferred by the Treaty in the field of public works contracts must be interpreted strictly. This holds good also as regards the provision at issue, which introduces temporary, derogating arrangements constituting an exception to the procedure normally laid down by the Community rules. | 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 |
12,273 | 20 In the light of the objectives pursued by the Directive, in particular the abolition of indirect taxes having the same characteristics as capital duty, registration charges levied by the State for a transaction covered by the Directive and paid to it in order to subsidise public expenditure must be regarded as a tax for the purposes of the Directive (see Modelo I, paragraph 22). | 20 It should be remembered the purpose of the Convention is to facilitate, to the greatest possible extent, the free movement of judgments by providing for a simple and rapid enforcement procedure (see, inter alia, judgment of 28 March 2000 in Case C-7/98 Krombach [2000] ECR I-1935, paragraph 19). | 0 |
12,274 | 39 In paragraph 22 of its judgment in Leclerc-Siplec, cited above, the Court held that legislation which prohibits television advertising in a particular sector concerns selling arrangements for products belonging to that sector in that it prohibits a particular form of promotion of a particular method of marketing products. | 28. The prohibitive nature of costs must therefore be assessed as a whole, taking into account all the costs borne by the party concerned. | 0 |
12,275 | 31
It is for national courts to ascertain, in the light of the circumstances of each particular case, whether, bearing in mind the consumers to whom it is addressed, advertising may be misleading (see, to that effect, judgments of 18 November 2010, Lidl, C‑159/09, EU:C:2010:696, paragraph 46 and the case-law cited, and of 12 May 2011, Ving Sverige, C‑122/10, EU:C:2011:299, paragraph 51). In order to do that, national courts must, first, take into account the perception of an average consumer of the goods or services being advertised who is reasonably well informed and reasonably observant and circumspect and, secondly, take account of all the relevant factors in the case, having regard, as follows from Article 3 of Directive 2006/114, to the information contained in the advertisement at issue and, more generally, to all of its features (see, to that effect, judgment of 18 November 2010, Lidl, C‑159/09, EU:C:2010:696, paragraphs 47 and 48 and the case-law cited). | S’agissant de l’exercice de ce pouvoir d’appréciation aux fins de la prise en compte éventuelle de preuves produites tardivement, la Cour a jugé qu’une telle prise en compte par l’EUIPO, lorsqu’il est appelé à statuer dans le cadre d’une procédure d’opposition est, en particulier, susceptible de se justifier lorsque celui-ci considère que, d’une part, les éléments tardivement produits sont de prime abord susceptibles de revêtir une réelle pertinence en ce qui concerne le sort de l’opposition formée devant lui et, d’autre part, le stade de la procédure auquel intervient cette production tardive et les circonstances qui l’entourent ne s’opposent pas à cette prise en compte (arrêts du 13 mars 2007, OHMI/Kaul, C‑29/05 P, EU:C:2007:162, point 44, et du 18 juillet 2013, New Yorker SHK Jeans/OHMI, C‑621/11 P, EU:C:2013:484, point 33). | 0 |
12,276 | 56. In that regard, the Court has stated that, in the specific case where a parent company has a 100% shareholding in a subsidiary which has infringed the competition rules of the European Union: (i) the parent company is able to exercise a decisive influence over the conduct of the subsidiary and (ii) there is a rebuttable presumption that the parent company does in fact exercise such a decisive influence (‘the presumption of actual exercise of decisive influence’) (see, inter alia, Case 107/82 AEG-Telefunken v Commission [1983] ECR 3151, paragraph 50; Akzo Nobel and Others v Commission , paragraph 60; General Química and Others v Commission , paragraph 39; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 97). | 66 All the other pleas advanced by the appellant having been rejected, the plea concerning costs must, by virtue of that provision, be rejected as inadmissible. | 0 |
12,277 | 44. It follows that where a ‘plan’ or ‘programme’ should, prior to its adoption, have been subject to an assessment of its environmental effects in accordance with the requirements of Directive 2001/42, the competent authorities are obliged to take all general or particular measures for remedying the failure to carry out such an assessment (see, by analogy, Wells , paragraph 68). | 26. The supply of alcoholic beverages to customers in a catering context is accompanied by a series of services other than the operations which are necessarily connected with the marketing of such products. Those services consist in placing an infrastructure at the customer’s disposal, including a dining room with furniture and appurtenances (cloakrooms, toilets, etc.), providing the customer with advice and explanations concerning the beverages served, serving them to him in a suitable container, serving at table and, finally, clearing the tables and cleaning after the food and drink have been consumed (see, to that effect, Faaborg-Gelting Linien , paragraph 13). | 0 |
12,278 | 139
It is clear from the very wording of Article 2(7)(c) of Regulation No 384/96 that a determination whether a producer which has claimed market economy treatment meets the criteria for its grant is to be made within three months of the initiation of the investigation (see, to this effect, judgments in Brosmann Footwear (HK) and Others v Council, C‑249/10 P, EU:C:2012:53, paragraph 39, and Zhejiang Aokang Shoes v Council, C‑247/10 P, EU:C:2012:710, paragraph 31). | 42
In accordance with settled case-law of the Court, the factors which distinguish different situations, and the question whether those situations are comparable, must be determined and assessed in the light of the subject matter of the provisions in question and of the aim pursued by them, whilst account must be taken for that purpose of the principles and objectives of the field in question (see, to that effect, judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 26 and the case-law cited). | 0 |
12,279 | 22. It must be borne in mind, as the Court has repeatedly held, that the object of Article 3(1) of Regulation No 1408/71 is to ensure, in accordance with Article 39 EC, equal treatment in matters of social security, without distinction based on nationality, for the persons to whom that regulation applies by abolishing all discrimination in that regard deriving from the national legislation of the Member States (Case C-131/96 Mora Romero [1997] ECR I-3659, paragraph 29, and Case C-124/99 Borawitz [2000] ECR I-7293, paragraph 23). | 60. In any event, the checks which the successful tenderer may then carry out to ascertain whether those obligations have been complied with are in his interests alone and do not affect his liability towards the selling agency (see, by analogy, Case C‑124/83 Corman , paragraph 20). | 0 |
12,280 | 50
Moreover, as regards the individual assessment for the purposes of making an overall appraisal of the burden which the grant of a specific benefit would place on the national system of social assistance in question in the main proceedings as a whole, it must be recalled that the assistance awarded to a single applicant can scarcely be described as an ‘unreasonable burden’ for a Member State, within the meaning of Article 14(1) of Directive 2004/38, for an individual claim is not liable to place the Member State concerned under an unreasonable burden, but the accumulation of all the individual claims which might be submitted to it would be bound to do so (see judgment in Alimanovic, C‑67/14, EU:C:2015:597, paragraph 62). | 62. Moreover, as regards the individual assessment for the purposes of making an overall appraisal of the burden which the grant of a specific benefit would place on the national system of social assistance at issue in the main proceedings as a whole, it must be observed that the assistance awarded to a single applicant can scarcely be described as an ‘unreasonable burden’ for a Member State, within the meaning of Article 14(1) of Directive 2004/38. However, while an individual claim might not place the Member State concerned under an unreasonable burden, the accumulation of all the individual claims which would be submitted to it would be bound to do so. | 1 |
12,281 | 19. The Court has, however, subsequently acknowledged that a defaulting Member State may rely on the expiry of a limitation period as a defence against legal proceedings, even though by the date on which the actions in question were brought that Member State had not yet correctly transposed the directive in question, ruling that the solution established in Emmott had been justified by the circumstances particular to that case, in which a time-bar had had the result of depriving the applicant in the main proceedings of any opportunity whatever to invoke her right to equal treatment under a directive (see Case C‑338/91 Steenhorst-Neerings [1993] ECR I‑5475; Case C‑410/92 Johnson [1994] ECR I‑5483; Fantask and Others , paragraphs 50 to 52; Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051; and Danske Slagterier , paragraphs 53 to 56). | 13 In order to determine whether the objection of inadmissibility raised by the Council is well founded, it must be borne in mind that, although in the light of the criteria set out in the second paragraph of Article 173 of the Treaty regulations imposing anti-dumping duties are in fact, as regards their nature and their scope, of a legislative character, inasmuch as they apply to all the traders concerned, taken as a whole, their provisions may none the less be of individual concern to certain traders (see the judgments in Joined Cases 239 and 275/82 Allied Corporation v Commission [1984] ECR 1005, paragraph 11, and in Case 53/83 Allied Corporation v Commission [1985] ECR 1621, paragraph 4). | 0 |
12,282 | 22
In that context, the Court has repeatedly held that the notion of the ‘supply of services effected for consideration’, within the meaning of Article 2(1), requires the existence of a direct link between the service provided and the consideration received (see judgments of 5 February 1981 in Coöperatieve Aardappelenbewaarplaats, 154/80, EU:C:1981:38, paragraph 12; 8 March 1988 in Apple and Pear Development Council, 102/86, EU:C:1988:120, paragraph 12; 3 March 1994 in Tolsma, C‑16/93, EU:C:1994:80, paragraph 13; 29 October 2009 in Commission v Finland, C‑246/08, EU:C:2009:671, paragraph 45; and 27 October 2011 in GFKL Financial Services, C‑93/10, EU:C:2011:700, paragraph 19). | 34. Moreover, in the absence of any unifying or harmonising Community measures, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation (see, to that effect, Amurta , paragraphs 16 and 17). | 0 |
12,283 | 42. With regard to existing aid, under the provisions of Article 93(1) and (2) of the Treaty and in accordance with the principle of legal certainty, if, in the course of its constant review of such aid, after giving notice to the parties concerned to submit their comments, the Commission finds that that aid is not compatible with the common market having regard to Article 92 of the Treaty, or that such aid is being misused, it is to decide that the State concerned must abolish or alter such aid within a period of time to be determined by the Commission. Such aid may therefore be lawfully put into effect as long as the Commission has not found it to be incompatible (see Case C‑47/91 Italy v Commission [1992] ECR I-4145, paragraphs 23 and 25, and Case C‑387/92 Banco Exterior de España [1994] ECR I‑877, paragraph 20). | 32. It follows from the above that the taking of annual leave in a period after the reference period has no connection to the hours worked by the worker during that later period. Consequently, a change, and in particular a reduction, of working hours when moving from full-time to part-time employment cannot reduce the right to annual leave that the worker has accumulated during the period of full‑time employment. | 0 |
12,284 | 53. However, such checks must observe the limits imposed by European Union law, in particular those stemming from the freedom to provide services, which cannot be rendered illusory and whose exercise may not be made subject to the discretion of the authorities (see judgments in Rush Portuguesa , EU:C:1990:142, paragraph 17; Commission v Germany , EU:C:2006:49, paragraph 36; and Commission v Luxembourg , EU:C:2004:655, paragraph 40). | 12. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 6 mars 2003, Commission/Luxembourg, C‑211/02, Rec. p. I‑2429, point 6; du 18 juillet 2007, Commission/Luxembourg, C‑61/07, non publié au Recueil, point 7, et du 27 septembre 2007, Commission/Luxembourg, C‑529/06, non publié au Recueil, point 7). | 0 |
12,285 | 11 According to Article 71(1)(a)(ii), the competent institution for the payment of unemployment benefits to frontier workers who are wholly unemployed is that of the State of residence. That attachment to the State of residence appears more appropriate and more in conformity with the interests of frontier workers (judgment in Case 58/87 Rebmann [1988] ECR 3467, paragraphs 14 and 15). | 86. Il appartient à la Cour, dans chaque affaire et en fonction des circonstances de l’espèce dont elle se trouve saisie ainsi que du niveau de persuasion et de dissuasion qui lui paraît requis, d’arrêter les sanctions pécuniaires appropriées pour assurer l’exécution la plus rapide de l’arrêt ayant précédemment constaté un manquement et prévenir la répétition d’infractions analogues au droit de l’Union (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 142 et jurisprudence citée). | 0 |
12,286 | 37
However, that cannot mean that the second subparagraph of Article 13(1) of the VAT Directive should be interpreted in such a way that the derogation from treatment as a taxable person for VAT laid down in the first subparagraph of Article 13(1) of the directive for bodies governed by public law acting as public authorities is deprived of effectiveness (see, to that effect, judgment of 20 November 2003, Taksatorringen, C‑8/01, EU:C:2003:621, paragraphs 61 and 62, and of 25 March 2010, Commission v Netherlands, C‑79/09, not published, EU:C:2010:171, paragraph 49). | 18 FOR THE PURPOSES OF THE IMPLEMENTATION OF THESE PROVISIONS A DISTINCTION MUST BE DRAWN WITHIN THE WHOLE AREA OF APPLICATION OF ARTICLE 119 BETWEEN , FIRST , DIRECT AND OVERT DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF THE CRITERIA BASED ON EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION AND , SECONDLY , INDIRECT AND DISGUISED DISCRIMINATION WHICH CAN ONLY BE IDENTIFIED BY REFERENCE TO MORE EXPLICIT IMPLEMENTING PROVISIONS OF A COMMUNITY OR NATIONAL CHARACTER .
| 0 |
12,287 | 37 Next, the error made by the competent authorities must be such that it could not reasonably be detected by the person liable acting in good faith, despite his professional experience and the diligence which he ought to show (see, in particular, the judgment in Covita, cited above, paragraph 26). It is for the national court to determine, in the light of those criteria, whether or not the error could have been detected (see, in particular, the judgment in Hewlett Packard France, cited above, paragraph 22). | 17. Article 23(1)(c) of Directive 2003/55 provides that Member States must ensure that all customers are free to buy natural gas from the supplier of their choice as from 1 July 2007. | 0 |
12,288 | 16. Relying implicitly on paragraphs 59 to 65 of the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), which left this question to be determined by national courts, the referring court considers that AG2R Prévoyance, although it is non-profit-making and acts on the basis of the principle of solidarity, was freely chosen by the social partners, following negotiations which concerned inter alia the arrangements pertaining to its appointment, from among the provident societies, mutual associations and insurance firms that were suitable to be appointed as the manager of a supplementary scheme such as the scheme concerned. AG2R Prévoyance must accordingly be regarded as an undertaking engaged in an economic activity which was chosen by the social partners from among other undertakings with which it is in competition on the market in the relevant insurance services. | 63. In that context, Beaudout argues in its observations that there are other provident societies and insurance companies which, prior to the appointment of AG2R by Addendum No 83, offered services which are substantially identical to those provided by that body. | 1 |
12,289 | 28. However, it must be pointed out that the possibility thus given to the national court by the second paragraph of Article 267 TFEU of asking the Court for a preliminary ruling before, if necessary, disapplying directions from a higher court which prove to be contrary to European Union law cannot be transformed into an obligation (see, to that effect, Case C‑555/07 Kücükdeveci [2010] ECR I‑0000, paragraphs 54 and 55). | 129. In the present case, the Greek Government has not adduced such evidence and, therefore, the Commission’s findings relating to the failure to carry out risk analysis have not been rebutted. | 0 |
12,290 | 84. The Court has thus repeatedly held that national legislation which makes the provision of certain services on national territory, by an undertaking established in another Member State, subject to the issue of an administrative authorisation constitutes a restriction of the freedom to provide services (see, in particular, Säger , paragraph 14; Case C‑43/93 Vander Elst [1994] ECR I‑3803, paragraph 15; Case C‑355/98 Commission v Belgium [2000] ECR I‑1221, paragraph 35; and Case C‑171/02 Commission v Portugal [2004] ECR I‑5645, paragraph 60). | 34 The answer to the first question must therefore be that the expression `municipal/household waste' referred to under AD 160 in the amber list in Annex III to the Regulation, as amended by Decision 94/721, includes both waste which for the most part consists of waste mentioned on the green list in Annex II to the Regulation, mixed with other categories of waste appearing on that list, and waste mentioned on the green list mixed with a small quantity of materials not referred to on that list.
The second question, part (a) | 0 |
12,291 | 109. It must be stated in that regard that it is not for the Court to assign a legal classification to the actions brought before the national court by the claimants in the main proceedings. In the circumstances, it is for the latter to specify the nature and basis of their actions (whether they are actions for restitution or actions for compensation for damage), subject to the supervision of the national court (see Metallgesellschaft and Others , paragraph 81, and Test Claimants in the FII Group Litigation , paragraph 201). | 16 In the case of an illness manifesting itself after the maternity leave, there is no reason to distinguish an illness attributable to pregnancy or confinement from any other illness . Such a pathological condition is therefore covered by the general rules applicable in the event of illness . | 0 |
12,292 | 23. Ces dispositions s’opposent à ce que les dividendes versés par des sociétés établies dans un État ayant adhéré à l’accord EEE (ci-après un «État de l’EEE-AELE») ou dans un État membre autre que celui de la résidence d’un contribuable soient, sur le plan fiscal, traités de manière moins favorable que ceux versés par des sociétés établies dans ce dernier État (pour la libre circulation des capitaux, voir, en ce sens, arrêts du 6 juin 2000, Verkooijen, C‑35/98, Rec. p. I‑4071, points 34 à 36, et du 7 septembre 2004, Manninen, C‑319/02, Rec. p. I‑7477, points 22 à 24; pour la liberté d’établissement, voir, en ce sens, arrêt Test Claimants in the FII Group Litigation, précité, point 46). | 22. Il s’ensuit que, dès lors qu’un litige présentant un élément d’extranéité entre dans le champ d’application matériel du règlement, ce qui n’est pas contesté en l’espèce, et que le défendeur a son domicile sur le territoire d’un État membre, ce qui est le cas dans le litige au principal, les règles de compétence prévues par le règlement doivent, en principe, recevoir application et prévaloir sur les règles nationales de compétence. | 0 |
12,293 | 41
Thirdly, the significant distortions of competition which treatment as non-taxable persons of bodies governed by public law acting as public authorities would lead to must be evaluated by reference to the activity in question, as such, without that evaluation relating to any particular market, and by reference not only to actual competition, but also to potential competition, provided that the possibility of a private operator entering the relevant market is real and not purely hypothetical (judgments of 25 March 2010, Commission v Netherlands, C‑79/09, not published, EU:C:2010:171, paragraph 91 and the case-law cited, and of 29 October 2015, Saudaçor, C‑174/14, EU:C:2015:733, paragraph 74). | 6 In those circumstances, and in view of the fact that the amounts secured by the provisional anti-dumping duty were collected, pursuant to Article 2 of Regulation No 1698/85, at the rate of duty definitively imposed, which in the case of Brother was lower than the rate set provisionally, it must be held that Brother cannot rely on any legal effect resulting from Regulation No 3643/84 . | 0 |
12,294 | 73. Furthermore, in the case which gave rise to the judgment in Pearle and Others , although the monies were collected by a professional body, the advertising campaign was organised by a private association of opticians, had a purely commercial purpose and had nothing to do with a policy determined by the authorities ( Pearle and Others , paragraphs 37 and 38). By contrast, in the case in the main proceedings, the payment of the amount of NLG 400 million to the designated company had been the subject of a decision by the legislature. | 58. Consequently, the contracts awarded by an entity such as Fernwärme Wien are covered by the procedures laid down in Directive 2004/17 since they are connected with an activity which it carries out in the sectors listed in Articles 3 to 7 thereof. However, all other contracts awarded by such an entity in connection with the exercise of other activities are covered by the procedures laid down in Directive 2004/18. | 0 |
12,295 | 25. With regard, more specifically, to the provisions of Article 3 of Directive 85/374, the Court has already had occasion to state, following consideration of the travaux préparatoires culminating in the adoption of the directive, that it was after weighing up the parts played by the various economic operators involved in the production and marketing chain that the choice was made to allocate liability for damage caused by defective products in principle to producers, and only in certain defined cases to importers and suppliers, in the legal system established by the directive ( Skov and Bilka , paragraph 29). | 31. However, under Article 225(1) EC and the first subparagraph 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 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, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, among others, Case C‑104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22; Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I‑551, paragraph 35; and the order of 13 February 2008 in Case C‑212/07 P Indorata-Serviços e Gestão v OHIM , paragraph 38). | 0 |
12,296 | 55. According to settled case-law, the provisions laid down in the framework agreement are intended to apply to fixed-term employment contracts and relationships concluded with the public authorities and other public-sector bodies (Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraph 54, and Joined Cases C‑444/09 and C‑456/09 Gavieiro Gavieiro and Iglesias Torres [2010] ECR I‑0000, paragraph 38). | 45. However, the reasons which may be invoked by a Member State by way of justification must be accompanied by an analysis of the appropriateness and proportionality of the restrictive measure adopted by that State. | 0 |
12,297 | 24 It follows that, contrary to the arguments put forward by the French Republic, the Directive seeks to achieve, in the matters regulated by it, complete harmonisation of the laws, regulations and administrative provisions of the Member States (see the judgments of today in Case C-154/00 Commission v Greece [2002] ECR I-3879, paragraphs 10 to 20, and Case C-183/00 González Sánchez [2002] ECR I-3901, paragraphs 23 to 32). | 48. The Court has also held that there can be no requirement that in every case the statement of complaints in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, where the subject-matter of the proceedings as defined in the reasoned opinion has not been extended or altered but simply limited (Case C-441/02 Commission v Germany , cited above, paragraph 61 and case-law cited). | 0 |
12,298 | 21. It should be noted at the outset that, in the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under EU law and, on the other, to avail itself of its right to defend itself properly against the objections formulated by the Commission. The subject-matter of proceedings under Article 258 TFEU is therefore delimited by the pre-litigation procedure prescribed by that provision. The proper conduct of that procedure constitutes an essential guarantee required by the FEU Treaty not only in order to protect the rights of the Member State concerned, but also in order to ensure that any contentious procedure will have a clearly defined dispute as its subject-matter (see, inter alia, judgment in Commission v Netherlands , C‑508/10, EU:C:2012:243, paragraphs 33 and 34). | 70 However, it is necessary to consider whether the extent of Ireland's obligation to make retrospective payments where appropriate under the rules relating to the Communities' own resources is affected by the fact that over seven years elapsed between the notification of the reasoned opinion and the bringing of this action. | 0 |
12,299 | 35
It is therefore, in principle, for the referring court to determine to what extent the conditions for application and the actual implementation of the relevant provisions of national law render the latter an appropriate measure for preventing and, where necessary, penalising the abusive use of successive fixed-term employment contracts or relationships (judgments of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 67 and the case-law cited, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 82). | 33 Thus, the fact that the five-year limitation period begins to run as against the tax authorities on the date on which the return should in principle be made, whereas an individual may exercise his right to deduction only within a period of five years as from the date on which that right arose is not such as to infringe the principle of equality. | 0 |
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