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12,300 | 45
It is true that only ‘members of the public’ that ‘meet the criteria, if any, laid down in … national law’ have the rights set out in Article 9(3) of the Aarhus Convention, so that that provision, in itself, has no direct effect in EU law. However, the fact remains that that provision, read in conjunction with Article 47 of the Charter, imposes on Member States an obligation to ensure effective judicial protection of the rights conferred by EU law, in particular the provisions of environmental law (see, to that effect, judgment of 8 March 2011, Lesoochranárske zoskupenie, C‑240/09, EU:C:2011:125, paragraphs 45 and 51). | 42. Such a procedure is, in addition, all the more likely to render difficult, if not impossible, the provision of services using posted workers from a non-Member State in that it entails a period of up to six weeks to process the application for that confirmation. | 0 |
12,301 | 37
As regards Article 15(1), it is settled case-law that there is ‘genuine use’ of a trade mark, within the meaning of that provision, where the mark is used in accordance with its essential function, which is to guarantee the identity of origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services; genuine use does not include token use for the sole purpose of preserving the rights conferred by the mark (see, inter alia, judgments of 11 March 2003, Ansul, C‑40/01, EU:C:2003:145, paragraph 43; of 13 September 2007, Il Ponte Finanziaria v OHIM, C‑234/06 P, EU:C:2007:514, paragraph 72; and of 19 December 2012, Leno Merken, C‑149/11, EU:C:2012:816, paragraph 29). | 46 On that point, it should be noted that the Act is the domestic legislation which gives effect to the Community principle of non-discrimination on grounds of sex in relation to pay, pursuant to Article 119 of the Treaty and the Directive. | 0 |
12,302 | 76. That conclusion contradicts, however, the Court of Justice’s case-law, from which it is apparent that if, as in the case in point, recognition of the alleged illegality is such as to procure an advantage for the applicant, it establishes that his interest in bringing proceedings for annulment is retained even where the contested act has ceased to have effect after he brought his action (see, to that effect, M. v Commission , paragraphs 5 and 6; AKZO Chemie and AKZO Chemie UK v Commission ; Culin v Commission , paragraphs 27 to 29; and Abdulrahim v Council and Commission , paragraph 79). | 29 That interpretation of Article 46(2)(a) of Regulation No 1408/71 is borne out by the provision which was inserted into Annex VI to Regulation No 1408/71, dealing with Belgium, by Regulation No 1248/92 (see paragraph 16 above). Contrary to the arguments of the INAMI, which regards that provision as a change to the existing rules and develops an argument a contrario therefrom, Regulation No 1248/92 in fact merely clarified those rules, as is shown by the fact that the preamble to the regulation does not contain any explanation of the new provision. | 0 |
12,303 | 94. Accordingly, where aid which a Member State wishes to authorise under a code is not notified during the period laid down by the code for such notification, the Commission can no longer give a decision on the compatibility of that aid under that code (Case 214/83 Germany v Commission [1985] ECR 3053, paragraphs 40 to 47, and Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraphs 49 to 55). | 42. In that examination, it is necessary to verify whether, when it adopts rules such as those at issue in the main proceedings, a professional association is to be treated as an association of undertakings or, on the other hand, as a public authority, on the ground that its activity is connected with the exercise of the powers of a public authority (Case C‑309/99 Wouters and Others [2002] ECR I‑1577, paragraph 57 and case-law cited). | 0 |
12,304 | 75. It must be pointed out, in that regard, that Regulation No 1408/71 does not set up a common scheme of social security, but allows different national social security schemes to exist and its sole objective is to ensure the coordination of those schemes (Case 21/87 Borowitz [1988] ECR 3715, paragraph 23; Case C‑331/06 Chuck [2008] ECR I‑1957, paragraph 27; and Petersen , paragraph 41). Thus, according to settled case-law, Member States retain the power to organise their social security schemes (see, to that effect, Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16; Case C‑70/95 Sodemare and Others [1997] ECR I‑3395, paragraph 27; and Case C‑212/06 Government of the French Community and Walloon Government [2008] ECR I‑1683, paragraph 43). | 31 HOWEVER , BY APPLYING TO ALL NEW CARS THE CATALOGUE PRICES NOTIFIED TO THE BELGIAN AUTHORITIES , THE BELGIAN LEGISLATION ENTAILS SUCH A COMPLETE AND GENERAL AMENDMENT OF THE BASIS OF ASSESSMENT THAT IT IS IMPOSSIBLE TO ACCEPT THAT IT CONTAINS ONLY THE DEROGATIONS NEEDED TO AVOID THE RISK OF TAX EVASION OR AVOIDANCE . IN PARTICULAR , IT HAS NOT BEEN PROVED THAT , IN ORDER TO ATTAIN THE AIM IN VIEW , IT IS NECESSARY THAT THE TAXABLE AMOUNT SHOULD BE FIXED ON THE BASIS OF THE BELGIAN CATALOGUE PRICE OR THAT THE TAKING INTO ACCOUNT OF ANY FORM OF PRICE DISCOUNT OR REBATE SHOULD BE EXCLUDED IN SUCH A COMPREHENSIVE MANNER .
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12,305 | 24. It is, moreover, settled case-law that all of the Treaty provisions relating to the freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case C-370/90 Singh [1992] ECR I-4265, paragraph 16; Case C-18/95 Terhoeve [1999] ECR I-345, paragraph 37; Case C-190/98 Graf [2000] ECR I-493, paragraph 21; and Case C-302/98 Sehrer [2000] ECR I-4585, paragraph 32). | 46. Furthermore, in such circumstances, Article 51 of Directive 2004/18, which provides that the contracting authority may invite operators to supplement or clarify the certificates and documents submitted pursuant to Articles 45 to 50 of the directive, cannot be interpreted as permitting that authority to accept any rectification of omissions which, as expressly provided for in the contract documentation, must result in the exclusion of the bid. | 0 |
12,306 | 55. It should be borne in mind in this regard that workers employed by an undertaking established in a Member State and who are posted to another Member State for the purpose of providing services there do not purport to gain access to the labour market of that second State, as they return to their country of origin or residence after the completion of their work (see Commission v Luxembourg , paragraph 38). | 46. Il ressort tout d’abord de la jurisprudence de la Cour que des considérations d’ordre administratif ne sauraient justifier une dérogation aux règles communautaires, ce d’autant plus lorsque ladite dérogation revient à exclure ou à restreindre l’exercice d’une des libertés fondamentales du droit communautaire (arrêts du 23 novembre 1999, Arblade e.a., C‑369/96 et C‑376/96, Rec. p. I‑8453, point 37, ainsi que du 3 octobre 2000, Corsten, C‑58/98, Rec. p. I‑7919, point 42). | 0 |
12,307 | 46. In that context, it is not disputed that Article 41(1) of the Additional Protocol has direct effect in the Member States, so that the rights which it confers on the Turkish nationals to whom it applies may be relied on before the national courts to prevent the application of inconsistent rules of national law. That provision lays down, clearly, precisely and unconditionally, an unequivocal ‘standstill’ clause, which contains an obligation entered into by the contracting parties which amounts in law to a duty not to act (see Savas , paragraphs 46 to 54 and 71, second indent, and Joined Cases C-317/01 and C-369/01 Abatay and Others [2003] ECR I-12301, paragraphs 58, 59 and 117, first indent). | 23. En particulier, la requête doit être fondée sur les mêmes motifs et moyens que ceux énoncés dans l’avis motivé (voir, notamment, arrêt Commission/Irlande, C‑50/09, EU:C:2011:109, point 93), qui doit contenir un exposé cohérent et détaillé des raisons ayant amené la Commission à avoir la conviction que l’État membre intéressé a manqué à l’une des obligations qui lui incombent en vertu du droit de l’Union (voir, notamment, arrêt Commission/Lituanie, C‑274/07, EU:C:2008:497, point 23 et jurisprudence citée). | 0 |
12,308 | 33
It follows from settled case-law that although, as EU law stands at present, the rules governing the way in which a person’s surname is entered on certificates of civil status are matters coming within the competence of the Member States, the latter must nonetheless, when exercising that competence, comply with EU law and, in particular, with the FEU Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (judgments of 2 October 2003, Garcia Avello, C‑148/02, EU:C:2003:539, paragraph 25; of 14 October 2008, Grunkin and Paul, C‑353/06, EU:C:2008:559, paragraph 16; of 22 December 2010, Sayn-Wittgenstein, C‑208/09, EU:C:2010:806, paragraphs 38 and 39; of 12 May 2011, Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 63; and of 2 June 2016, Bogendorff von Wolffersdorff, C‑438/14, EU:C:2016:401, paragraph 32). | 50. Given that potential conflict of interests, it is clear that the examination of the economic conditions laid down in Article 133(e) of the Customs Code is intended to take account of those various interests, namely those of the processors of raw materials and those of Community producers of similar goods. The objective of that provision is, as the Commission rightly submits, that the advantages of an authorisation for processing under customs control in respect of processing operations should be assessed in the light of the possible impact of the issue of such an authorisation on the situation of the Community producers of goods similar to those being processed. | 0 |
12,309 | 41. As the Court stated in Océano Grupo Editorial and Salvat Editores , paragraph 22, a term of this kind obliges the consumer to submit to the exclusive jurisdiction of a court which may be a long way from his domicile. This may make it difficult for him to enter an appearance. In the case of disputes concerning limited amounts of money, the costs relating to the consumer’s entering an appearance could be a deterrent and cause him to forgo any legal remedy or defence. The Court therefore concluded that such a term falls within the category of terms which have the object or effect of excluding or hindering the consumer’s right to take legal action, a category referred to in subparagraph (q) of paragraph 1 of the Annex to the Directive. | 73. Consequently, that legislation constitutes a restriction of the free movement of capital, which is prohibited in principle by Article 56(1) EC.
– Justification of the restriction of the free movement of capital | 0 |
12,310 | 39
The Court has already held, in that regard, in relation to parts and accessories of machines, appliances and instruments, that the notion of ‘parts’ implies the existence of a whole machine for which those parts are essential for it to function and that the notion of ‘accessories’ implies an interchangeable part designed to adapt a machine for a particular operation, or to increase its range of operations, or to perform a particular service relative to the main function of the machine. In order to ensure a consistent and uniform application of the Common Customs Tariff, it must be possible to apply those definitions to heading 9305 of the CN, and in particular to subheading 9305 91 00 thereof (see, by analogy, judgment of 4 March 2015 in Oliver Medical, C‑547/13, EU:C:2015:139, paragraph 69 and the case-law cited). | 69. In that regard, it is clear from the case-law of the Court concerning headings 8473, 8486 and 9018 of the CN that the notion of ‘parts’ implies a whole for the operation of which the part is essential and that the notion of ‘accessories’ implies an interchangeable part designed to adapt a machine for a particular operation, or to increase its range of operations, or to perform a particular service relative to the main function of the machine (see judgment in Rohm & Haas Electronic Materials CMP Europe and Others , C‑336/11, EU:C:2012:500, paragraph 34 and the case-law cited). In order to ensure a consistent and uniform application of the Common Customs Tariff, those definitions of the notions of ‘parts’ and ‘accessories’ apply, as appropriate, to headings 8543, 9018 and 9019 of the CN. | 1 |
12,311 | 70
First of all, it should be observed that Articles 28 and 31 of the EEA Agreement are analogous to Articles 45 and 49 TFEU (see judgment of 12 July 2012, Commission v Spain , C‑269/09, EU:C:2012:439, paragraph 95). | 38. It is apparent from the case-law that Community competition law refers to the activities of undertakings (Joined Cases C-204/00 P, C-205/00 P, C-211/00 P, C-213/00 P, C-217/00 P and C-219/00 P Aalborg Portland and Others v Commission [2004] ECR I-123, paragraph 59) and that the concept of an undertaking covers any entity engaged in an economic activity, irrespective of its legal status and the way in which it is financed (see, in particular, 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, paragraph 112; Case C-222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I-289, paragraph 107; and Case C-205/03 P FENIN v Commission [2006] ECR I-6295, paragraph 25). | 0 |
12,312 | 57. In that regard, it is clear from the case‑law that the need to guarantee the effectiveness of fiscal supervision constitutes an overriding reason in the public interest capable of justifying a restriction on the exercise of the freedoms of movement guaranteed by the Treaty (Case C‑318/07 Persche [2009] ECR I‑359, paragraph 52). | 48. In those circumstances, the only relevant criterion for the application of Article 54 of the CISA is identity of the material acts, understood as the existence of a set of concrete circumstances which are inextricably linked together ( Van Esbroeck , paragraph 36). | 0 |
12,313 | 17. It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in that Member State as it stood at the end of the period laid down in the reasoned opinion (see, inter alia , Case C-71/99 Commission v Germany [2001] ECR I-5811, paragraph 29, and Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13). | 47 In the light of the foregoing, the answer to the questions referred by the VAT and Duties Tribunal must be that, on a proper construction of Article 26 of the Sixth Directive, where a trader subject to that article effects, in return for a package price, transactions consisting of services supplied partly by himself and partly by other taxable persons, the VAT scheme under that article applies solely to the services supplied by third parties. A trader may not be required to calculate the part of the package corresponding to the in-house services by the actual cost method where it is possible to identify that part of the package on the basis of the market value of services similar to those which form part of the package. | 0 |
12,314 | 50
In such a situation, the grounds alleging such irregularities are ineffective (see, by analogy, judgments of 12 July 2001, Commissionand France v TF1, C‑302/99 P and C‑308/99 P, EU:C:2001:408, paragraph 27, and of 26 April 2007, Alcon v OHIM, C‑412/05 P, EU:C:2007:252, paragraph 41). | 38. In that regard, it should be noted that, under Article 45 of Regulation No 1408/71, where the legislation of a Member State makes the acquisition of the right to benefits provided for by that provision subject to the completion of periods of insurance, as in the case of a retirement pension, the competent institution of that Member State is to take account, where necessary, of the periods of insurance completed under the legislation of any other Member State. For that purpose, it is to take account of those periods as if they had been completed under its own legislation. | 0 |
12,315 | 47. It must be borne in mind that it is immaterial whether, in addition to its duty to meet needs in the general interest, an entity is free to carry out other profit-making activities, provided that it continues to attend to the needs which it is specifically required to meet. The proportion of profit-making activities actually pursued by that entity as part of its activities as a whole is also irrelevant for its classification as a body governed by public law (see, to that effect, Mannesmann Anlagenbau Austria and Others , paragraph 25; Korhonen , paragraphs 57 and 58; and Case C‑373/00 Adolf Truley [2003] ECR I‑1931, paragraph 56). | 56. In any event, even if funeral services "in the narrow sense of the term" constitute only a relatively unimportant part of the services provided by a funeral undertaker, that fact is irrelevant since that undertaking continues to meet needs in the general interest. According to settled case-law, the status of a body governed by public law is not dependent on the relative importance, within its business as a whole, of the meeting of needs in the general interest not having an industrial or commercial character (see Mannesmann Anlagenanbau Austria , paragraphs 25, 26 and 31, and BFI Holding , paragraphs 55 and 56). | 1 |
12,316 | 23. Consequently, in the present case, the undertakings must take account of the possibility that the Commission may decide at any time to raise the level of the fines by reference to that applied in the past ( Dansk Rørindustri and Others v Commission , paragraph 229). | 73. It is settled law that restrictions on freedom of establishment which are applicable without discrimination on grounds of nationality may be justified by overriding reasons relating to the general interest, provided that the restrictions are appropriate for securing attainment of the objective pursued and do not go beyond what is necessary for attaining that objective (Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 44; Joined Cases C‑171/07 and C‑172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I‑4171, paragraph 25; and Blanco Pérez and Chao Gómez , paragraph 61). | 0 |
12,317 | 36
As is apparent from the preamble to and Articles 1 and 16(2) of the Agreement on the free movement of persons, the objective of the Agreement is to bring about, for the benefit of nationals of the European Union and of the Swiss Confederation, the free movement of persons in the territory of the contracting parties to that agreement based on the rules applying in the European Union, the terms of which must be interpreted in accordance with the case-law of the Court of Justice (judgment of 19 November 2015, Bukovansky, C‑241/14, EU:C:2015:766, paragraph 40). | 38ALTHOUGH THE RETROACTIVE WITHDRAWAL OF A WRONGFUL OR ERRONEOUS DECISION IS GENERALLY SUBJECT TO VERY STRICT CONDITIONS , ON THE OTHER HAND THE REVOCATION OF SUCH A DECISION AS REGARDS THE FUTURE IS ALWAYS POSSIBLE .
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12,318 | 27. It is therefore necessary to determine whether free trade between Member States is likely to be restricted by national rules such as the contribution (see to that effect, inter alia , Pluimveeslachterijen Midden-Nederland and Van Miert , cited above, paragraph 28). | 15. BLM, of which Mr Bertrand Losfeld is the managing director, does not require Mr Losfeld to pay rent for the private use of part of the building at issue. However, he is liable for personal income tax on the benefit in kind, calculated on a flat-rate basis of 75% private occupation of the building. | 0 |
12,319 | 27. In that regard, it should be noted that the concept of ‘worker’ for the purposes of Article 45 TFEU has an autonomous meaning specific to EU law and must not be interpreted narrowly (see, inter alia, judgment in Commission v Netherlands , C‑542/09, EU:C:2012:346, paragraph 68). | 68. As regards the risk of abuse relied upon by the Kingdom of the Netherlands, arising in particular from the performance of short periods of employment solely for the purposes of obtaining portable funding, it should be pointed out that the concept of ‘worker’ for the purposes of Article 45 TFEU has an autonomous meaning specific to EU law and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to the case-law of the Court, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see, inter alia, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and Case C-345/09 van Delft and Others [2010] ECR I-9879, paragraph 89). | 1 |
12,320 | 103. Thirdly, with respect to the argument put forward by the Belgian Government that it would be disproportionate to place on the State of residence the burden of granting all the allowances which resident taxpayers who have received income in other Member States may claim, even where that income has been taxed in those other Member States without the taxpayer's personal and family circumstances being taken into account, it is settled case-law that a loss of tax revenue can never be relied upon to justify a restriction on the exercise of a fundamental freedom (Case C-264/96 ICI [1998] ECR I-4695, paragraph 28, and Saint-Gobain , paragraph 51). | 62. What is more, it is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under European Union law and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission (see, inter alia, Case C‑147/03 Commission v Austria [2005] ECR I-5969, paragraph 22, and Case C-522/09 Commission v Romania [2011] ECR I-2963, paragraph 15). | 0 |
12,321 | 40
Moreover, there is nothing in the file submitted to the Court to suggest that there is, in the present case, a particular measure allowing legal persons, which do not in any event fall within Article 5(2)(b) of Directive 2001/29, to request to be exempted from contributing to the financing of that compensation or, at least, to seek reimbursement (see, in that regard, judgments of 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraphs 25 to 31 and 37, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 45) under the detailed rules that it is solely for the Member States to establish. | 72. Contrary to what Selex maintains, that conclusion also applies with regard to the assistance which Eurocontrol provides to the national administrations, when so requested by them, in connection with tendering procedures carried out by those administrations for the acquisition, in particular, of equipment and systems in the field of air traffic management. | 0 |
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Citizenship of the Union confers on each Union citizen a primary and individual right to move and reside freely within the territory of the Member States, subject to the limitations and restrictions laid down by the Treaty and the measures adopted for their implementation (see, to this effect, judgments of 7 October 2010, Lassal, C‑162/09, EU:C:2010:592, paragraph 29, and of 16 October 2012, Hungary v Slovakia, C‑364/10, EU:C:2012:630, paragraph 43). | 29. As a preliminary point, it must be observed that citizenship of the Union confers on each citizen a primary and individual right to move and reside freely within the territory of the Member States, subject to the limitations and restrictions laid down by the Treaty on the functioning of the European Union and the measures adopted for their implementation, freedom of movement for persons being, moreover, one of the fundamental freedoms of the internal market, which was also reaffirmed in Article 45 of the Charter of Fundamental Rights of the European Union. | 1 |
12,323 | 15 Article 95 prohibits Member States from directly or indirectly imposing on the products of other Member States any internal taxation in excess of that imposed on similar domestic products or of such a nature as to afford protection to other domestic products. The applicability of the provision in question therefore depends on whether or not the internal taxation measure is discriminatory or protective (judgment in Compagnie Commerciale de l' Ouest, cited above, paragraph 25). | 42 It has also held that the same is true of loans at reduced rates of interest granted by public authorities to an undertaking which enable the latter to avoid having to bear costs which would normally have had to be met out of the undertaking's own financial resources, thereby preventing market forces from having their normal effect (Case C-301/87 France v Commission [1990] ECR I-307, paragraph 41). | 0 |
12,324 | 18. However, if subsequent verification does not confirm the origin of the goods as stated in the certificate of origin Form A, it must be concluded that those goods are of unknown origin and that, in consequence, the certificate of origin and the preferential tariff were wrongly granted (see, by analogy, Huygen and Others , paragraphs 17 and 18; Joined Cases C‑153/94 and C‑204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraph 16; Beemsterboer Cold Services , paragraph 34; and Afasia Knits Deutschland , paragraph 44). | 39. Quant au point de savoir si l’utilisation d’une définition fonctionnelle peut en soi être suffisante, il convient de constater que l’article 3, sous a), du règlement nº 469/2009 ne s’oppose pas, en principe, à ce qu’un principe actif répondant à une définition fonctionnelle figurant dans les revendications d’un brevet délivré par l’OEB puisse être considéré comme étant protégé par ledit brevet, à la condition toutefois que, sur la base de telles revendications, interprétées notamment à la lumière de la description de l’invention, ainsi que le prescrivent l’article 69 de la CBE et le protocole interprétatif de celui-ci, il est possible de conclure que ces revendications visaient, implicitement mais nécessairement, le principe actif en cause, et ce de manière spécifique. | 0 |
12,325 | 39. Third, it should be noted that, according to the Court’s settled case-law, national legislation is appropriate for securing attainment of the objective sought only if it genuinely reflects a concern to attain that objective in a consistent and systematic manner (see, to that effect, Hartlauer , paragraph 55; Joined Cases C-171/07 and C-172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I-4171, paragraph 42; Blanco Pérez and Chao Gómez , paragraph 94; and Case C-539/11 Ottica New Line di Accardi Vincenzo [2013] ECR, paragraph 47). | 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 |
12,326 | 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). | 14 On the other hand, it is appropriate for the Court to verify, of its own motion, whether an action to establish non-contractual liability may be brought before it where the alleged damage includes monetary compensatory amounts overcharged by a national administration and only the national courts have jurisdiction to entertain actions for the reimbursement of such amounts . | 0 |
12,327 | 48. As the Court has held on numerous occasions, the right of nationals of a Member State to enter the territory of another Member State and to reside there for the purposes intended by the EC Treaty is a right conferred directly by the Treaty, or, as the case may be, by the provisions adopted for its implementation. The grant of a residence permit to a national of a Member State is to be regarded, not as a measure giving rise to rights, but as a measure by a Member State serving to prove the individual position of a national of another Member State with regard to provisions of European Union law (see Case C-408/03 Commission v Belgium [2006] ECR I-2647, paragraphs 62 and 63 and case-law cited). | 20 Dans la mesure où ce grief doit également être compris comme reprochant au Conseil et à la Commission d' avoir pénalisé les transformateurs français, alors que le dépassement de la production n' était pas dû à une augmentation de la production en France, il convient de souligner que, dans le cadre d' une organisation commune des marchés, ne connaissant pas un système de quotas nationaux, tous les producteurs communautaires doivent, quel que soit l' État membre dans lequel ils sont établis, assumer, de façon solidaire et égalitaire, les conséquences des décisions que les institutions communautaires sont appelées à prendre, dans le cadre de leurs compétences, pour réagir au risque d' un déséquilibre qui peut apparaître sur le marché entre la production et les possibilités d' écoulement . | 0 |
12,328 | 93. Les aides nouvelles sont donc soumises à un contrôle préventif exercé par la Commission et elles ne peuvent, en principe, être mises à exécution aussi longtemps que cette institution ne les a pas déclarées compatibles avec le traité CE (voir arrêts du 9 août 1994, Namur-Les assurances du crédit, C-44/93, Rec. p. I‑3829, point 12; du 17 juin 1999, Piaggio, C-295/97, Rec. p. I-3735, point 49, et du 15 février 2001, Autriche/Commission, C-99/98, Rec. p. I-1101, point 31). | 42. En troisième lieu, les difficultés auxquelles serait confrontée l’ACICL peuvent être surmontées par d’autres mécanismes visant à compenser les difficultés financières de celle-ci, comme l’obtention d’une aide juridictionnelle (voir, en ce sens, arrêt du 22 décembre 2010, DEB, C‑279/09, Rec. p. I‑13849, points 59 et 60, ainsi que, par analogie, arrêt Agrokonsulting-04, précité, point 50). | 0 |
12,329 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 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). | 0 |
12,330 | 23 It is also settled law (see, in the first place, Case 83/78 Pigs Marketing Board v Redmond [1978] ECR 2347, paragraph 25, and, most recently, Case C-186/90 Durighello v INPS [1991] ECR I-5773, paragraph 8), that, in the context of such cooperation, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, having regard to the particular features of the case, whether a preliminary ruling is necessary to enable it to give judgment. | 75 As for the Commission's second argument, based on the possibility of shortening the period in certain cases, suffice it to observe that the fact that the Commission may in some cases voluntarily impose a restriction on its own margin of action, so as to take action within a period of less than two months does not imply that it may, without the consent of the Member State concerned, set a time-limit of more than two months and thus deprive the Member State of the advantages of the time-limits laid down by Community law. | 0 |
12,331 | 41. By contrast, it is incompatible with the rules governing the right to deduct under Directive 2006/112 to impose a penalty, in the form of a refusal of that right, on a taxable person who did not know, and could not have known, that the transaction concerned was connected with fraud committed by the supplier, or that another transaction forming part of the chain of supply prior or subsequent to the transaction carried out by the taxable person was vitiated by VAT fraud (see Joined Cases C‑354/03, C‑355/03 and C‑484/03 Optigen and Others [2006] ECR I‑483, paragraphs 52 and 55; Kittel and Recolta Recycling , paragraphs 45, 46 and 60; Mahagében and Dávid , paragraph 47; Bonik , paragraph 41; and LVK – 56 , paragraph 60). | 27 IT FOLLOWS THAT DIRECTIVE NO 77/187 MAY BE RELIED UPON ONLY BY PERSONS WHO ARE , IN ONE WAY OR ANOTHER , PROTECTED AS EMPLOYEES UNDER THE LAW OF THE MEMBER STATE CONCERNED . IF THEY ARE SO PROTECTED , THE DIRECTIVE ENSURES THAT THEIR RIGHTS ARISING FROM A CONTRACT OF EMPLOYMENT OR AN EMPLOYMENT RELATIONSHIP ARE NOT DIMINISHED AS A RESULT OF THE TRANSFER .
| 0 |
12,332 | 23
It should be noted that, according to the case-law of the Court, the principal purpose of Directive 2003/109 is the integration of third-country nationals who are settled on a long-term basis in the Member States (judgments of 26 April 2012, Commission v Netherlands, C‑508/10, EU:C:2012:243, paragraph 66, and of 2 September 2015, CGIL and INCA, C‑309/14, EU:C:2015:523, paragraph 21). | 93. In that respect, first, in accordance with the principle of equivalence, it must be possible to award particular damages, such as exemplary or punitive damages, pursuant to actions founded on the Community competition rules, if such damages may be awarded pursuant to similar actions founded on domestic law (see, to that effect, Brasserie du pêcheur and Factortame , cited above, paragraph 90). | 0 |
12,333 | 48. Pursuant to the case-law of the Court, in the absence of unifying or harmonising measures at Community level, the Member States retain competence for determining the criteria for taxation on income and capital with a view to eliminating double taxation by means, inter alia, of international agreements. In that context, the Member States are free to determine the connecting factors for the allocation of fiscal jurisdiction in bilateral agreements for the avoidance of double taxation (see, inter alia, Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 57; Case C‑385/00 de Groot [2002] ECR I‑11819, paragraph 93; Case C‑265/04 Bouanich [2006] ECR I‑923, paragraph 49). | 63. It follows that particular attention must be paid to the participation of older workers in the labour force and thus in economic, cultural and social life. Keeping older workers in the labour force promotes diversity in the workforce, which is an aim recognised in recital 25 in Directive 2000/78; moreover, it contributes to the realising of their potential and to the quality of life of the workers concerned, in accordance with the concerns of the European Union legislature set out in recitals 8, 9 and 11 in that directive. | 0 |
12,334 | 50. It is solely because of the exercise by that State of its power of taxation that, irrespective of any taxation in another Member State, a risk of a series of charges to tax or economic double taxation may arise. In such a case, in order for non-resident companies receiving income not to be subject to a restriction on the free movement of capital prohibited in principle by Article 63 TFEU, the State in which the company making the distribution is resident is obliged to ensure that, under the procedures laid down by its national law in order to prevent or mitigate a series of liabilities to tax or economic double taxation, non-resident companies are subject to the same treatment as resident companies (see Test Claimants in Class IV of the ACT Group Litigation , paragraph 70; Amurta , paragraph 39; Commission v Italy , paragraph 53; Commission v Spain , paragraph 52; and Commission v Germany , paragraph 57). | 41 With respect to the legislation adopted by the other autonomous communities, the provisions cited by the Spanish Government have for the most part been communicated to the Commission only as an annex to the rejoinder. They are not accompanied by any direct reference to the classes of project listed in Annex II to the Directive. | 0 |
12,335 | 86. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 43
So far as concerns, furthermore, the question whether the appellants in the main proceedings may, in the context of those proceedings, invoke the principles of legal certainty and of the protection of legitimate expectations in order to contest the refusal to exempt them from VAT, it is settled case-law that a taxable person who has created the conditions for obtaining a right in a fraudulent or abusive manner is not justified in relying on those principles in order to oppose the refusal to grant the right in question pursuant to the principle that abusive practices are prohibited (see, to that effect, judgment of 8 June 2000, Breitsohl, C‑400/98, EU:C:2000:304, paragraph 38; judgment in Halifax, paragraph 84; and judgment of 18 December 2014, Schoenimport Italmoda Mariano Previti and Others, C‑131/13, C‑163/13 and C‑164/13, EU:C:2014:2455, paragraph 60). | 0 |
12,336 | 58. It is also supported both by the wording of Article 13 EC, now, after amendment, Article 19 TFEU, a provision which constitutes the legal basis of Directive 2000/43 and which confers on the European Union the competence to take appropriate action to combat discrimination based, inter alia, on racial and ethnic origin (see, by analogy, judgment in Coleman , C‑303/06, EU:C:2008:415, paragraph 38), and, as the Advocate General has observed in point 53 of her Opinion, by the principle of non-discrimination on grounds of race and ethnic origin enshrined in Article 21 of the Charter, to which the directive gives specific expression in the substantive fields that it covers (see judgment in Runevič-Vardyn and Wardyn , C‑391/09, EU:C:2011:291, paragraph 43, and, by analogy, judgment in Felber , C‑529/13, EU:C:2015:20, paragraphs 15 and 16). | 51. In such cases, as the Court observed in paragraph 77 of Hennigs and Mai (EU:C:2011:560), it follows that the allocation, on the basis of age, of a basic pay step to a civil servant upon his appointment goes beyond what is necessary for achieving the legitimate aim, relied on by the Ger man Government, of taking account of the professional experience acquired by that civil servant before he is appointed. | 0 |
12,337 | 32. According to settled case-law, it is for the Court alone, where questions are formulated imprecisely, to extract from all the information provided by the national court or tribunal and from the documents in the main proceedings the points of European Union law which require interpretation, having regard to the subject-matter of those proceedings (Case C‑107/98 Teckal [1999] ECR I‑8121, paragraph 34, and Case C‑57/01 Makedoniko Metro and Michaniki [2003] ECR I‑1091, paragraph 56). | 34 Finally, according to settled case-law, it is for the Court alone, where questions are formulated imprecisely, to extract from all the information provided by the national court and from the documents in the main proceedings the points of Community law which require interpretation, having regard to the subject-matter of those proceedings (Case 251/83 Haug-Adrion v Frankfurter Versicherungs-AG [1984] ECR 4277, paragraph 9, and Case C-168/95 Arcaro [1996] ECR I-4705, paragraph 21). | 1 |
12,338 | 81 Indeed, its very existence is inseparable from its status as a company incorporated under Netherlands law since, as the Court has observed, a company exists only by virtue of the national legislation which determines its incorporation and functioning (see, to that effect, Daily Mail and General Trust, paragraph 19). The requirement of reincorporation of the same company in Germany is therefore tantamount to outright negation of freedom of establishment. | 21 In those circumstances, in order to respond to the plea raised before it, the Court of First Instance had to set out, on the one hand, the reasons showing that the absence of that periodic report from the file was compensated for by other information and, on the other hand, the reasons why it considered that the hearing of the Director-General by the Consultative Committee ° whatever was stated about Mr Moritz ° were sufficient to offset the absence of the periodic report without its being necessary to enable Mr Moritz to be heard at the same time as the Director-General or, at least, in refutation of him. | 0 |
12,339 | 34
The Court has already held, in connection with the reverse charge procedure, that a limitation period the expiry of which has the effect of penalising a taxable person who has not been sufficiently diligent and has failed to claim deduction of input tax, by making him forfeit his right to deduct, cannot be regarded as incompatible with the regime established by the VAT Directive, in so far as, first, that limitation period applies in the same way to analogous rights in tax matters founded on domestic law and to those founded on EU law (principle of equivalence) and, second, that it does not in practice render impossible or excessively difficult the exercise of the right to deduct (principle of effectiveness) (judgments of 8 May 2008 in Ecotrade, C‑95/07 and C‑96/07, EU:C:2008:267, paragraph 46 and the case-law cited, and 12 July 2012 in EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 49). | 22. Par ailleurs, il y a lieu 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 les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑110/00, Rec. p. I‑7545, point 13; du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 25 mars 2010, Commission/Espagne, C‑392/08, Rec. p. I‑2537, point 26). | 0 |
12,340 | 53. In order to satisfy the requirements of that law, the European Union judicature must ensure that the principle that the parties should be heard is respected in proceedings before them and that they themselves respect that principle, which applies to any procedure which may result in a decision by an institution of the European Union perceptibly affecting a person’s interests (Case C‑89/08 P Commission v Ireland and Others [2009] ECR I‑11245, paragraphs 51 and 53, and Case C‑197/09 RX-II Review M v EMEA [2009] ECR I‑12033, paragraphs 41 and 42). | 32. In the present case, it is clear from the letters received at the Court after the lodging of the reference for a preliminary ruling that, first, Fluxys has withdrawn the pleas in law before the referring court concerning the illegality of the method of fixing tariffs applied by the CREG in the decision at issue before the referring court and it now seeks the annulment of the decisions at issue before the Cour d’appel of Brussels only in relation to historical contracts benefiting from a derogation under Article 32(1) of Directive 2003/55. Moreover, following the judgment of the Constitutional Court of 8 July 2010, the national legislation applicable by the referring court is no longer that under consideration in the context of the request for a preliminary ruling. | 0 |
12,341 | 29. À cet égard, la date de référence pour apprécier l’existence d’un manquement au titre de l’article 260, paragraphe 1, TFUE est celle de l’expiration du délai fixé dans la lettre de mise en demeure émise en vertu de cette disposition (arrêts du 11 décembre 2012, Commission/Espagne, C‑610/10, point 67, et du 25 juin 2013, Commission/République tchèque, C‑241/11, point 23). | 40 The Court has already answered sub-question (d) in the course of considering the main question. The uncertainty surrounding the proposed uses of the leftover stone and the impossibility of reusing it in its entirety support the conclusion that all that stone, and not merely the stone which will not be reused, is to be regarded as waste. | 0 |
12,342 | 40 Concerning the lack of a statement of grounds, the Court has consistently held that the statement of grounds required by Article 190 of the Treaty must be adapted to the nature of the act in question. It must disclose in a clear and unequivocal fashion the reasoning followed by the Community institution which adopted the measure in such a way as to make the persons concerned aware of the reasons for the measure and to enable the Court to exercise its power of review. It also follows from that case-law that it is not necessary for details of all relevant factual and legal aspects to be given. The question whether the statement of the grounds for an act meets the requirements of Article 190 must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, to that effect, Case C-350/88 Delacre and Others v Commission [1990] ECR I-395, paragraphs 15 and 16, and Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraph 70). | 61. It must be borne in mind that the Member States enjoy broad discretion in the definition of measures capable of achieving that aim (see, to that effect, Palacios de la Villa , paragraph 68). | 0 |
12,343 | 16
As the referring court has observed, inheritances consisting in the transfer to one or more persons of assets left by a deceased person constitute, according to the settled case-law of the Court, movements of capital within the meaning of Article 63 TFEU, except in cases where their constituent elements are confined within a single Member State (see, to that effect, judgments of 23 February 2006 in van Hilten-van der Heijden, C‑513/03, EU:C:2006:131, paragraphs 39 to 42; of 17 January 2008 in Jäger, C‑256/06, EU:C:2008:20, paragraphs 24 and 25; of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraphs 19 and 20; and of 3 September 2014 in Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraphs 52 and 53). | 14THE GUARANTEE OF ORIGIN WOULD IN FACT BE JEOPARDIZED IF IT WERE PERMISSIBLE FOR A THIRD PARTY TO AFFIX THE MARK TO THE PRODUCT , EVEN TO AN ORIGINAL PRODUCT .
| 0 |
12,344 | 73. It may also be pointed out that the imposition of penalties, including criminal penalties, may be considered to be necessary in order to ensure compliance with national rules, subject, however, to the condition that the nature and amount of the penalty imposed is in each individual case proportionate to the gravity of the infringement which it is designed to penalise (see, to that effect, judgments in Louloudakis , C‑262/99, EU:C:2001:407, paragraphs 69 and 70, and in Commission v Greece , C‑156/04, EU:C:2007:316, paragraph 72). | 49 It follows that the amendments made in 1995 to the 1980 Agreement have had the effect of creating the framework of a more intensive cooperation between the United States of America and the Kingdom of Belgium, which entails new and significant international commitments for the latter. | 0 |
12,345 | 42
Secondly, the Staff Regulations, in so far as they were established by Regulation No 259/68, have all the characteristics listed in Article 288 TFEU, which stipulates that a regulation has general application, is binding in its entirety and is directly applicable in all Member States. It follows that all Member States are also bound by the Staff Regulations (see, to that effect, judgments of 20 October 1981, Commission v Belgium, 137/80, EU:C:1981:237, paragraphs 7 and 8; of 7 May 1987, Commission v Belgium, 186/85, EU:C:1987:208, paragraph 21; of 4 December 2003, Kristiansen, C‑92/02, EU:C:2003:652, paragraph 32; and of 4 February 2015, Melchior, C‑647/13, EU:C:2015:54, paragraph 22). | 41. With respect to a possible restriction of the fundamental freedoms, it must be noted that that provision requires, in order for an old-age pension to be awarded, a formal discontinuance of the payment of contributions which results in a termination of occupational activities. The Bulgarian Government confirmed, at the hearing, that a very brief discontinuance lasting one day was sufficient to fulfil that condition. Moreover, the insured person was not denied the right to exercise an occupational activity after the award of an old-age pension and could aggregate that pension with a gainful occupational activity. | 0 |
12,346 | 59. As the Court of Justice has repeatedly held, the free movement of capital may be limited by national legislation only if it is justified by one of the reasons mentioned in Article 58 EC or by overriding reasons in the public interest within the meaning of the case-law of the Court (see, to that effect, Case C‑367/98 Commission v Portugal [2002] ECR I‑4731, paragraph 49; judgment of 14 February 2008 in Case C‑274/06 Commission v Spain , paragraph 35). | 49 The free movement of capital, as a fundamental principle of the Treaty, may be restricted only by national rules which are justified by reasons referred to in Article 73d(1) of the Treaty or by overriding requirements of the general interest and which are applicable to all persons and undertakings pursuing an activity in the territory of the host Member State. Furthermore, in order to be so justified, the national legislation must be suitable for securing the objective which it pursues and must not go beyond what is necessary in order to attain it, so as to accord with the principle of proportionality (see, to that effect, Sanz de Lera, cited above, paragraph 23, and Case C-54/99 Église de scientologie [2000] ECR I-1335, paragraph 18). | 1 |
12,347 | 34 However, as was confirmed by the Court in paragraph 26 of Case C-410/92 Johnson v Chief Adjudication Officer [1994] ECR I-5483, it is clear from the judgment in Case C-338/91 Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen [1993] ECR I-5475 that the approach adopted in Emmott was justified by the particular circumstances of that case, in which a time-bar had the result of depriving the plaintiff in the main proceedings of any opportunity whatever to rely on her right to equal treatment under a Community directive (see also Case C-90/94 Haahr Petroleum v Åbenrå Havn and Others [1997] ECR I-4085, paragraph 52; Joined Cases C-114/95 and C-115/95 Texaco and Olieselskabet Danmark [1997] ECR I-4263, paragraph 48; Joined Cases C-279/96, C-280/96 and C-281/96 Ansaldo Energia and Others [1998] ECR I-5025, paragraph 20; Spac, cited above, paragraph 29; and Fantask, cited above, paragraph 51). | 10 First, Articles 12, 13 and 23 of the contested decree contain technical regulations within the meaning of the first subparagraph of Article 8(1), which should thus have been communicated to the Commission immediately. | 0 |
12,348 | 13. Il ressort de la jurisprudence que l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures préparant ou visant à l’élaboration de plans ou fixant un cadre réglementaire de nature à réaliser cet objectif (arrêts du 2 mai 2002, Commission/France, C‑292/99, Rec. p. I‑4097, point 39; du 14 avril 2005, Commission/Grèce, C‑163/03, non publié au Recueil, point 74, et du 14 juin 2007, Commission/Italie, précité, point 27). | 63. Quant à la présente affaire, la Cour considère que l’ensemble des éléments juridiques et factuels entourant le manquement constaté constitue un indicateur de ce que la prévention effective de la répétition future d’infractions analogues au droit de l’Union est de nature à requérir l’adoption d’une mesure dissuasive telle que l’imposition d’une somme forfaitaire (voir, en ce sens, arrêts Commission/Grèce, C‑369/07, EU:C:2009:428, point 145, et Commission/Espagne, EU:C:2012:781, point 142).
– Sur le montant de la somme forfaitaire | 0 |
12,349 | 69. In that respect, it must observed that the request for an advisory opinion concerned the respective obligations and responsibilities of the flag State and the coastal State in relation to IUU fishing, which undermines the conservation and management of fish stocks. As noted in paragraphs 10 and 11 of the present judgment, IUU fishing falls within the scope of a range of provisions of UNCLOS, to which the European Union is a contracting party, of the FAO Compliance Agreement, to which the Community acceded by Decision 96/428, of the United Nations Fish Stocks Agreement, which the Community ratified by Decision 98/414, and of partnership agreements between the European Union and member States of the SRFC, which form an integral part of the legal order of the European Union pursuant to Article 216(2) TFEU (see, to that effect, judgment in Air Transport Association of America and Others , C‑366/10, EU:C:2011:864, paragraph 73 and the case-law cited). It is also the subject of detailed regulation in EU law, which, moreover, was reinforced in 2008 in order to take into account the European Union’s international commitments, as noted in paragraphs 14 to 19 of the present judgment. | 50 As the Advocate General also states in point 37 of his Opinion, the situation is different where doctors in primary care teams are on call by being contactable at all times without having to be at the health centre. Even if they are at the disposal of their employer, in that it must be possible to contact them, in that situation doctors may manage their time with fewer constraints and pursue their own interests. In those circumstances, only time linked to the actual provision of primary care services must be regarded as working time within the meaning of Directive 93/104. | 0 |
12,350 | 41
As a preliminary point, it must be borne in mind that, when the Court is requested to give a preliminary ruling on a matter of tariff classification, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard. Thus, the national court is in a better position to do so (see judgment in Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, paragraph 27). | 23 Accordingly, the reply to the first part of the first question is that pensions provided under a scheme such as the French retirement scheme for civil servants fall within the scope of Article 119 of the Treaty.
The second part | 0 |
12,351 | 14 On the basis of those criteria, the action must be declared admissible. The Parliament alleges infringement of its prerogatives, inasmuch as the failure to consult it a second time during the procedure leading to the adoption of the contested regulation meant that it was not duly associated with the drafting of a legislative measure whose adoption, pursuant to Article 75 of the Treaty, is subject to the requirement that there should be prior consultation of the Parliament. Due consultation of the Parliament in the cases provided for by the Treaty is one of the means enabling the Parliament to participate effectively in the Community' s legislative procedure (see the so-called "Isoglucose" judgments in Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 33, and Case 139/79 Maizena v Council [1980] ECR 3393, paragraph 34). | 54 Moreover, if a national court has doubts as to the validity or interpretation of an act of a Community institution it may, or must, in accordance with the second and third paragraphs of Article 177 of the Treaty, refer a question to the Court of Justice for a preliminary ruling. | 0 |
12,352 | 33. As a preliminary point, it should be noted that the legal and factual context falls to be determined by the referring court and, accordingly, that it is not for the Court of Justice to call into question findings of a factual nature (see, to that effect, Case C-153/02 Neri [2003] ECR I-13555, paragraphs 34 and 35, and Case C-347/06 ASM Brescia [2008] ECR I-0000, paragraph 28). It follows that the Court is bound by the approach to the facts adopted by the referring court, even if, as the United Kingdom Government and the French Government have argued, it may appear prima facie unlikely that use by a third party of a sign similar to a trade mark, in order to market goods which imitate those for which that mark was registered, will benefit the marketing of the goods of that third party without such use concomitantly causing harm to the image or the marketing of the goods bearing that mark. | 110 THE SUBMISSION MUST THEREFORE BE REJECTED .
( B ) THE ALLEGED ABSENCE OF INTENTION ON THE PART OF PIONEER | 0 |
12,353 | 82
In that regard, it should be noted that the Court has repeatedly held that it is the responsibility of economic operators to make the necessary arrangements in their contractual relations in order to guard against the risks of an action for post-clearance recovery, and that prevention of risks may consist inter alia in the person liable for payment obtaining from the other contracting party, on or after conclusion of the contract, all the necessary evidence confirming that the goods come from the State which is a ‘beneficiary country’ under the generalised tariff preferences scheme, including documents establishing that origin (see, inter alia, judgments of 8 November 2012, Lagura Vermögensverwaltung, C‑438/11, EU:C:2012:703, paragraphs 30 and 31, and of 16 March 2017, Veloserviss, C‑47/16, EU:C:2017:220, paragraph 38). | 32 First of all, it is clear from the very wording of that provision that an occupational social security scheme may be characterised by compulsory membership. | 0 |
12,354 | 57
It must also be made clear, first, that it is required not that the situations be identical, but only that they be comparable and, secondly, that the assessment of that comparability must be carried out not in a global and abstract manner, but in a specific and concrete manner in the light of the objective and of the aim of the national legislation creating the distinction at issue (see, to that effect, judgments of 10 May 2011, Römer, C‑147/08, EU:C:2011:286, paragraph 42; of 12 December 2013, Hay, C‑267/12, EU:C:2013:823, paragraph 33; of 15 May 2014, Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 67; and of 1 October 2015, O, C‑432/14, EU:C:2015:643, paragraph 32). | 62 It should first of all be observed that the obligation to provide a statement of reasons laid down in Article 253 EC is an essential procedural requirement, as distinct from the question whether the reasons given are correct, which goes to the substantive legality of the contested measure. Accordingly, the statement of reasons required by Article 253 EC must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent court to exercise its power of review (see, inter alia, Case C-17/99 France v Commission [2001] ECR I-2481, paragraph 35 and Italy v Commission, cited above, paragraph 48). | 0 |
12,355 | 79. The freedom of establishment conferred on nationals of one Member State in the territory of another Member State includes in particular access to and exercise of activities of self-employed persons under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13, and, to that effect, Commission v Austria , paragraph 27). In other words, Article 43 EC prohibits the Member States from laying down in their laws conditions for the pursuit of activities by persons exercising their right of establishment there which differ from those laid down for its own nationals ( Commission v Austria , paragraph 28). | 35 While failure to notify technical regulations, which constitutes a procedural defect in their adoption, renders such regulations inapplicable inasmuch as they hinder the use or marketing of a product which is not in conformity therewith, it does not have the effect of rendering unlawful any use of a product which is in conformity with regulations which have not been notified. | 0 |
12,356 | 66. It must initially be borne in mind that, in the context of proceedings brought under Article 267 TFEU, the Court has no jurisdiction to rule either on the interpretation of provisions of national laws or regulations or on their conformity with European Union law. It may, however, supply the national court with an interpretation of European Union law that will enable that court to resolve the legal problem before it (see, inter alia, Case C‑124/99 Borawitz [2000] ECR I‑7293, paragraph 17, and Case C‑385/09 Nidera Handelscompagnie [2010] ECR I‑10385, paragraph 32). | 65. S’il s’avère qu’un dispositif médical muni du marquage CE n’est pas conforme aux exigences essentielles prévues par la directive 93/42, l’État membre concerné est tenu, conformément à l’article 8, paragraphe 3, de cette directive, de prendre les mesures appropriées et d’en informer la Commission ainsi que les autres États membres. Par ailleurs, il résulte de l’article 18 de ladite directive que, sans préjudice de l’article 8, lorsqu’un État membre constate l’apposition indue de ce marquage, le fabricant ou son mandataire établi dans l’Union est tenu de cesser l’infraction dans les conditions fixées par cet État membre (arrêt Medipac-Kazantzidis, C-6/05, EU:C:2007:337, point 47). | 0 |
12,357 | 47. It should be borne in mind that Regulation No 1788/2003 comes under the objective of stabilising the markets, which is expressly laid down in Article 33(1)(c) EC (see, by analogy, Hierl , paragraph 10). | 53 The proportion of corporation tax which a resident subsidiary need not pay in advance when distributing dividends to its parent company under the group income election regime is in principle paid when the subsidiary's MCT liability falls due. It should be remembered that a resident subsidiary of a company resident in another Member State is liable to MCT in the United Kingdom in respect of its profits in the same way as a resident subsidiary of a resident parent company. | 0 |
12,358 | 40 Thus, at the very least from the time when a Turkish national covered by the first paragraph of Article 7 enjoys, after five years' legal residence for the purpose of re-uniting a worker's family, the right of free access to employment in the host Member State under the second indent of that provision, not only does the direct effect of that provision mean that the person concerned derives an individual employment right directly from Decision No 1/80 but also the effectiveness of that right necessarily implies a concomitant right of residence which is also founded on Community law and is independent of the continuing existence of the conditions for access to those rights (see, by analogy, as regards the third indent of paragraph 1 of Article 6 of Decision No 1/80, Case C-192/89 Sevince [1990] ECR I-3461, paragraphs 29 and 31, and Case C-171/95 Tetik [1997] ECR I-329, paragraphs 26, 30 and 31; as regards the second paragraph of Article 7 of that decision, Case C-355/93 Eroglou [1994] ECR I-5113, paragraph 20, and Case C-210/97 Akman [1998] ECR I-7519, paragraph 24). | 31 Since the court making the reference is seised of a case falling within the scope of the Directive and the facts giving rise to the case postdate the expiry of the period allowed for transposing the Directive, it therefore falls to that court, when it applies the provisions of national law outlined in paragraphs 10 and 11 above which were in force at the material time, to interpret them, as far as possible, in accordance with the Directive and in such a way that they are applied of the court's own motion. | 0 |
12,359 | 45. In that regard, as was stated in paragraph 33 of this judgment, the Regulation harmonised the question of shipments of waste in order to ensure the protection of the environment. On the other hand, as the Advocate General states in point 60 of his Opinion, the requirements governing the recovery of waste have not been the object of harmonisation measures. Therefore, under the first paragraph of Article 4 of the Directive, the Member States must take the necessary measures to ensure that waste is recovered without endangering human health and without using processes or methods which could harm the environment and, in particular, without risk to water, air, soil, plants and animals, without causing a nuisance through noise or odours, and without adversely affecting the countryside or places of special interest. Whilst that provision does not specify the actual content of the measures which must be taken, it is binding on the Member States as to the objective to be achieved, whilst leaving to the Member States a margin of discretion in assessing the need for such measures (Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraphs 66 and 67). | 42 In those circumstances, in conferring exclusive rights on a single public body, the provisions of the Finnish legislation on the operation of slot machines do not appear to be disproportionate, in so far as they affect freedom to provide services, to the objectives they pursue. | 0 |
12,360 | 39 The national court was uncertain whether the scope of that directive was wider than that of the Sex Discrimination Act 1975, which it had to apply and which in its view applied only to discrimination based on the worker's belonging to one or other of the sexes. | 37. It is settled case-law that classification as State aid requires all the following conditions to be fulfilled. First, there must be intervention by the State or through State resources. Secondly, the intervention must be liable to affect trade between Member States. Thirdly, it must confer an advantage on the recipient. Fourthly, it must distort or threaten to distort competition (Case C‑140/09 Fallimento Traghetti del Mediterraneo [2010] ECR I‑5243, paragraph 31 and the case-law cited). | 0 |
12,361 | 36 That being so, it is to be remembered, first, that, according to settled case-law of the Court, a directive cannot of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual. Second, according to the same case-law, when applying domestic law, whether adopted before or after the directive, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the Treaty (see, inter alia, Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraphs 6 and 8, and Case C-91/92 Faccini Dori v Recreb [1994] ECR I-3325, paragraphs 20 and 26). | 22. However, it is clear that that regulation does not contain more precise rules with regard to the establishment of those national penalties and, in particular, that it does not establish any express criterion for the assessment of the proportionality of such penalties. | 0 |
12,362 | 112 Referring to GB-Inno-BM, cited above, Albany considers, however, that the fact that the Fund fulfils a dual role, as manager of the pension scheme and as the authority vested with the power to grant exemptions, might give rise to arbitrary exercise of the power of exemption. | 60. Toutefois, il y a lieu de rappeler que, lorsqu’un requérant conteste l’interprétation ou l’application du droit de l’Union faite par le Tribunal, les points de droit examinés en première instance peuvent à nouveau être discutés au cours d’un pourvoi. En effet, si un requérant ne pouvait fonder de la sorte son pourvoi sur des moyens et arguments déjà utilisés devant le Tribunal, la procédure de pourvoi serait privée d’une partie de son sens (voir ordonnance du 11 novembre 2003, Martinez/Parlement, C-488/01 P, Rec. p. I-13355, point 39, et arrêt du 23 avril 2009, AEPI/Commission, C-425/07 P, Rec. p. I-3205, point 24). | 0 |
12,363 | 48. In that case, as such a project has been authorised before the expiry of the time-limit for transposing the Habitats Directive, it would not be subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, set out in that directive (see, to that effect, Case C-209/04 Commission v Austria [2006] ECR I-2755, paragraphs 53 to 62). | 36. Accordingly, by their nature, those obligations are unlikely to be complied with by an investment fund which is not active in the German market and does not actively target that market. As noted by the Advocate General in point 42 of his Opinion, such a fund has little incentive to comply with such requirements. | 0 |
12,364 | 38. It should be recalled, to begin with, that Articles 28 and 28a of Regulation No 1408/71 lay down a ‘conflict rule’ enabling the determination, in relation to pensioners residing in a Member State other than the State responsible for payment of the pension, of the institution responsible for provision of the benefits mentioned in those provisions and the legislation applicable (see Case 69/79 Jordens-Vosters [1980] ECR 75, paragraph 12; Case C‑389/99 Rundgren [2001] ECR I‑3731, paragraphs 43 and 44; and van der Duin and ANOZ Zorgverzekeringen , paragraph 39). | 58. Furthermore, measures taken on grounds of public policy or of public security are to be based exclusively on the personal conduct of the individual concerned. Such measures can thus not be ordered automatically on general preventive grounds following a criminal conviction ( Polat , paragraphs 31 and 35). | 0 |
12,365 | 30. It should first be noted that it is settled case-law that the first sentence of Article 221(3) of the Customs Code lays down a limitation rule whereby the communication of the amount of import or export duty due is not to take place after the expiry of a period of three years from the date on which the customs debt was incurred (see, to that effect, Case C‑201/04 Molenbergnatie [2006] ECR I‑2049, paragraph 39, and Joined Cases C‑124/08 and C‑125/08 Snauwaert and Others [2009] ECR I-0000, paragraph 28). | 46. If it is apparent from relevant factors other than contractual documents that an employed person’s situation in fact differs from that described in such documents, the obligation mentioned in paragraph 42 of the present judgment to apply Regulation No 1408/71 correctly means that it is incumbent on the institution concerned, whatever the wording of those contractual documents, to base its findings on the employed person’s actual situation and, where appropriate, to refuse to issue the E 101 certificate. | 0 |
12,366 | 83. In those circumstances, it must be held that legislation such as that at issue in the main proceedings is capable, in various ways, of hindering — at least indirectly and potentially — imports of electricity, especially green electricity, from other Member States (see, to that effect, Ålands Vindkraft , EU:C:2014:2037, paragraphs 67 to 75). | 281. Above all, a reduction of the fine 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 genuine cooperation on its part ( Dansk Rørindustri and Others v Commission , paragraph 395). | 0 |
12,367 | 25. Thus, although the Court considered that the activities carried on by the taxable persons in question in Taksatorringen and Arthur Andersen did not, of their nature, constitute activities related to insurance transactions carried out by an insurance broker or an insurance agent within the meaning of Article 13B(a) of the Sixth Directive, it did not seek to analyse the relationship of those taxable persons with the insurers and the insured parties (see, to that effect, Taksatorringen , paragraphs 44 to 46, and Arthur Andersen , paragraph 36). | 43. The Court has also decided that, although it is correct that a change in the tariff heading of a product, caused by a processing operation, constitutes an indication of the substantial nature of that processing or working, the fact remains that processing or working may be substantial in nature even if there is no such change of heading ( HEKO Industrieerzeugnisse , paragraph 35). That finding is also applicable to the criterion of a change of tariff subheading. | 0 |
12,368 | 39 Nevertheless, according to settled case-law, in determining the scope of any derogation from an individual right such as the equal treatment of men and women laid down by the Directive, due regard must be had to the principle of proportionality, which requires that derogations must remain within the limits of what is appropriate and necessary in order to achieve the aim in view and that the principle of equal treatment be reconciled as far as possible with the requirements of the aim thus pursued (Johnston, paragraph 38; Sirdar, paragraph 26, and Kreil, paragraph 23). | 58. Le Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE et saisi d’une demande d’indemnité, est tenu de statuer sur une telle demande dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée (arrêt Telefónica et Telefónica de España/Commission, EU:C:2014:2062, point 67 et jurisprudence citée). | 0 |
12,369 | 46. The Court has already held that that exclusive right was conferred in order to enable the trade mark proprietor to protect his specific interests as proprietor, that is, to ensure that the trade mark can fulfil its function, and that the exercise of that right must therefore be reserved to cases in which a third party’s use of the sign affects, or is liable to affect, the functions of the trade mark. Those functions include not only the essential function of the trade mark, which is to guarantee to consumers the origin of the goods or services, but also its other functions, in particular that of guaranteeing the quality of the goods or services in question and those of communication, investment or advertising (see Case C-487/07 L’Oréal and Others [2009] ECR I-5185, paragraph 58, and Joined Cases C-236/08 to C-238/08 Google France and Google [2010] ECR I-2417, paragraphs 75 and 77). | 29 Since the principle of equal treatment thus extends, for the children of Community workers, to all forms of education, whether vocational or general, there is no need to consider in the present case whether the educational courses referred to in the preliminary questions are of a vocational nature or not . | 0 |
12,370 | 37. Il découle notamment de ladite disposition que le Tribunal ne peut annuler ou réformer la décision qui fait l’objet du recours que si, à la date à laquelle celle-ci a été prise, elle était entachée de l’un de ces motifs d’annulation ou de réformation (voir, en ce sens, arrêts du 11 mai 2006, Sunrider/OHMI, C‑416/04 P, Rec. p. I‑4237, point 55, et du 13 mars 2007, OHMI/Kaul, C‑29/05 P, non encore publié au Recueil, point 53). | 51. It is thus clear from the objectives of Directive 85/337 that the competent national authorities, when they receive a request for development consent for an Annex II project, must carry out a specific evaluation as to whether, taking account of the criteria set out in Annex III to that directive, an EIA should be carried out. | 0 |
12,371 | 49. It is, furthermore, important to emphasise the need to preserve the essential function of the trade mark, which is to guarantee to consumers the origin of the goods (Case C-206/01 Arsenal Football Club [2002] ECR I-10273, paragraph 51). | 50. Any other measure which hinders access of products originating in other Member States to the market of a Member State is also covered by that concept ( Commission v Italy , paragraph 37). | 0 |
12,372 | 22
Thus, the Court has deduced therefrom that events may be classified as extraordinary circumstances, within the meaning of Article 5(3) of Regulation No 261/2004, if, by their nature or origin, they are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that carrier’s actual control (see, to that effect, judgment of 22 December 2008, Wallentin-Hermann, C‑549/07, EU:C:2008:771, paragraph 23; of 31 January 2013, McDonagh, C‑12/11, EU:C:2013:43, paragraph 29; and of 17 September 2015, van der Lans, C‑257/14, EU:C:2015:618, paragraph 36). | 37. Jurisdiction based solely on the factual criteria set out by the national court would lead to a multiplication of the potential heads of jurisdiction and would therefore be liable to undermine the predictability of the rules of jurisdiction laid down by the Convention, and consequently to undermine the principle of legal certainty, which is the basis of the Convention (see Case C-256/00 Besix [2002] ECR I‑1699, paragraphs 24 to 26, Case C-281/02 Owusu [2005] ECR I-1383, paragraph 41, and Case C-4/03 GAT [2006] ECR I-0000, paragraph 28). | 0 |
12,373 | 45 If that attempt at settlement is unsuccessful, the function of the reasoned opinion is to define the subject-matter of the dispute. The Commission is not, however, empowered to determine conclusively, by reasoned opinions formulated pursuant to Article 169, the rights and duties of a Member State or to afford that State guarantees concerning the compatibility of a given line of conduct with the Treaty. According to the system embodied in Articles 169 to 171 of the Treaty, the rights and duties of Member States may be determined and their conduct appraised only by a judgment of the Court (see, to that effect, Essevi and Salengo, cited above, paragraphs 15 and 16). | 35
In accordance with the principle of fiscal neutrality, the deduction system is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities (judgment of 12 February 2009, Vereniging Noordelijke Land- en Tuinbouw Organisatie, C‑515/07, EU:C:2009:88, paragraph 27). | 0 |
12,374 | 36
In that connection, it is also clear from settled case-law that only measures the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position may be the subject of an action for annulment (see, in particular, judgments of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 29; of 26 January 2010, Internationaler Hilfsfonds v Commission, C‑362/08 P, EU:C:2010:40, paragraph 51; and of 9 December 2014, Schönberger v Parliament, C‑261/13 P, EU:C:2014:2423, paragraph 13). | 42. Dans l’affaire au principal, il résulte des constatations factuelles de la juridiction de renvoi qu’une pièce tubulaire coudée telle que celle en cause est destinée non pas à joindre deux tuyaux ou éléments tubulaires entre eux ou encore un tuyau à un autre dispositif, mais à raccorder un poêle au conduit de cheminée. Partant, cette pièce ne peut être considérée comme une partie d’emploi général au sens de la note 2, sous a), de la section XV de la NC. | 0 |
12,375 | 24
By the second part of the second ground, NIOC cites paragraph 48 of the judgment in Parliament v Council (C‑130/10, EU:C:2012:472), which states that the procedures provided for in Articles 75 TFEU and 215 TFEU are incompatible, and argues that the same is true for the procedures provided for in Articles 215 TFEU and 291(2) TFEU. As regards the latter provision, it does not specify the procedure for the adoption of acts, so that it could not be used as a substitute for Article 215 TFEU. In any case, if those two provisions of the FEU Treaty were to be considered interchangeable, the result would be two different sets of rules for adopting restrictive measures, giving rise to inequality between the persons concerned by such measures, which would infringe the principle of equality of treatment provided for in Article 20 of the Charter of Fundamental Rights of the European Union. | 41. The answer to the first question must therefore be that Article 2 of the Directive is to be interpreted as meaning that sound signs must be capable of being regarded as trade marks provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings and are capable of being represented graphically.
Second question | 0 |
12,376 | 81. In accordance with settled case-law, EU law and national law on competition apply in parallel ( Wilhelm and Others , paragraph 3; Case C‑137/00 Milk Marque and National Farmers’ Union [2003] ECR I‑7975, paragraph 61; Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraph 38). Competition rules at European and at national level view restrictions on competition from different angles ( Wilhelm , paragraph 3; Manfredi and Others , paragraph 38; Case C‑550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission [2010] ECR I‑8301, paragraph 103) and their areas of application do not coincide (Case C‑505/07 Compañía Española de Comercialización de Aceite [2009] ECR I‑8963, paragraph 52). | 61. As the common organisations of the markets in agricultural products are therefore not a competition-free zone, it must be pointed out that, in accordance with settled case-law, Community competition law and national competition law apply in parallel, since they consider restrictive practices from different points of view. Whereas Articles 81 and 82 EC regard them in the light of the obstacles which may result from trade between Member States, national law proceeds on the basis of the considerations peculiar to it and considers restrictive practices only in that context (see, inter alia , Wilhelm and Others , paragraph 3, and Joined Cases 253/78 and 1/79 to 3/79 Giry and Guerlain and Others [1980] ECR 2327, paragraph 15). | 1 |
12,377 | 42
Whilst an assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for the national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU (judgment 21 November 2013, Deutsche Lufthansa, C‑284/12, EU:C:2013:755, paragraph 28). | 37. Moreover, according to settled case‑law, in interpreting a provision of European Union 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 Birkenbeul , paragraph 12). | 0 |
12,378 | 29
According to the case-law of the Court, the concept of ‘employment conditions’, within the meaning of the clause 4(1) of the framework agreement, thus covers the three-yearly length-of-service increments which represent one of the constituent parts of the pay which should be granted to fixed-term workers in the same way as it is to permanent workers (see, to that effect, judgments of 13 September 2007, in Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraph 47, and of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58). | 34. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see inter alia Spijkers , paragraph 13, and Süzen , paragraph 14). | 0 |
12,379 | 47. It is true that, in its reply to the request for clarification sent by the Court concerning the effect of the annulment of the notification decision on the main proceedings, the referring court considered that the customs authorities could adopt new decisions with the same contents as the notification and recovery decisions. However, even assuming that that is still the case, notwithstanding the judgment of 5 July 2012 of the Varhoven administrativen sad, it must be held that to reply to questions asked in such circumstances would amount to providing an advisory opinion on hypothetical questions in disregard of the Court’s task in the context of the judicial cooperation instituted by Article 267 TFEU (see, to that effect, Case 149/82 Robards [1983] ECR 171, paragraph 19; Meilicke , paragraph 25; and Case C-451/99 Cura Anlagen [2002] ECR I-3193, paragraph 26). | 86. Where a worker is absent from work because she is on maternity leave, the minimum protection required by Article 11(2) and (3) of Directive 92/85 does not therefore require that the person concerned should continue to receive full pay or the payment of the on-call duty allowance. | 0 |
12,380 | 48. In addition, neither does the fact that that entity is referred to as the authority responsible for the application for financial assistance have the effect of placing it in a direct relationship with the Community financial assistance, which the decision to grant states was applied for and granted to the Member State concerned (C‑15/06 P Regione Siciliana v Commission , paragraph 36). | 34
It would be contradictory to interpret Article 15 of Regulation No 1346/2000 as also covering enforcement proceedings, with the consequence that the effects of the opening of insolvency proceedings would thus come within the scope of the law of the Member State in which such enforcement proceedings are pending, while, in parallel, Article 20(1) of that regulation, by explicitly requiring the return to the liquidator of everything obtained ‘through enforcement’, would render Article 15 ineffective. | 0 |
12,381 | 36. Even if, according to their wording, the rules on freedom of movement for workers are intended, in particular, to secure the benefit of national treatment in the host State, they also preclude the State of origin from obstructing the freedom of one of its nationals to accept and pursue employment in another Member State (see, to that effect, Terhoeve , paragraphs 27 to 29, and de Groot , paragraph 79). | 56. In the context of a situation characterised by the complete refusal to cooperate with the circumvention investigation, the EU institutions were entitled to act on the basis of the evidence available in order to find the existence of a practice, process or work in Thailand aiming solely at the circumvention of the anti-dumping duty affecting imports originating in China. In those circumstances, it was for the parties concerned to prove that there were reasonable grounds justifying those activities, other than avoiding that anti-dumping duty (see, by analogy, the judgment in Brother International , C‑26/88, EU:C:1989:637, paragraph 29). | 0 |
12,382 | 31. As a preliminary point, it should be recalled that the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the initial version of a Community measure, subsequently amended or repealed, and which were maintained in force under the new provisions (Case C‑275/04 Commission v Belgium [2006] ECR I-9883, paragraph 35, and judgment of 11 December 2008 in Case C‑174/07 Commission v Italy , paragraph 31). | 19. That is, furthermore, use in relation to the advertiser’s goods or services, even where the sign selected as keyword does not appear in the advertisement itself ( Google France and Googl e , paragraphs 65 to 73). | 0 |
12,383 | 30. Regarding the objectives of Regulation No 1768/92, firstly, it must be noted that the fundamental objective of the Regulation, as set out in the first and second recitals in the preamble thereto, is to ensure sufficient protection to encourage pharmaceutical research, which plays a decisive role in the continuing improvement in public health (Case C‑392/97 Farmitalia [1999] ECR I‑5553, paragraph 19). In that regard, the third and fourth recitals in the preamble give as a reason for the adoption of the Regulation the fact that the period of effective protection under the patent is insufficient to cover the investment put into the pharmaceutical research. Regulation No 1768/92 thus seeks to make up for that insufficiency by creating an SPC for medicinal products. It seeks, in addition, to confer supplementary protection on the holders of national or European patents, without instituting any preferential ranking amongst them ( Biogen , paragraphs 26 and 27). | 12 It follows from the foregoing that Article 10(3 ) must be interpreted as meaning that the requirement to have available housing considered as normal applies solely as a condition under which each member of the worker' s family is permitted to come to live with him and that once the family has been brought together, the position of the migrant worker cannot be different in regard to housing requirements from that of a worker who is a national of the Member State concerned . | 0 |
12,384 | 97 In that respect, it should be noted that the general principle of equality which is one of the fundamental principles of Community law precludes comparable situations from being treated in a different manner unless the difference in treatment is objectively justified (see, in particular, Joined Cases C-267/88 to C-285/88 Wuidart and Others [1990] ECR I-435, paragraph 13). | 47. Consequently, the beneficiary of the aid is able, during that period, to keep funds deriving from the aid declared incompatible and to benefit from the resulting unfair competitive advantage. | 0 |
12,385 | 46. In respect of Article 7(1) of Directive 93/104, which provides, in the same terms as those used in Articles 3 and 5, that Member States are to take the measures necessary to ensure that every worker ‘is entitled’ to paid annual leave of at least four weeks, the Court has also held, in paragraph 44 of BECTU , that under that provision the worker is entitled to actual rest, with a view to ensuring effective protection of his health and safety. | 10 So far as charges having equivalent effect are concerned, it is also settled case-law that their prohibition covers all charges levied at the time of, or by reason of, importation, which are imposed specifically on an imported product but not on a similar domestic product, and that even pecuniary charges intended to finance the activities of an agency governed by public law can constitute charges having equivalent effect (see, in particular, Joined Cases C-78/90 to C-83/90 Compagnie Commerciale de l' Ouest and Others v Receveur Principal des Douanes de La Pallice-Port [1992] ECR I-1847, paragraph 23). | 0 |
12,386 | 58. As regards the purpose of the special scheme, the Court has already pointed out on numerous occasions that the services provided by travel agents and tour operators in general consist of multiple services, in particular transport and accommodation, supplied both inside and outside the territory of the Member State in which the undertaking has established its business or has a fixed establishment. The application of the normal rules on place of taxation, taxable amount and deduction of input tax would, by reason of the multiplicity of services and the places in which they are provided, entail practical difficulties for those undertakings of such a nature as to obstruct their operations. It was in order to adapt the applicable rules to the specific nature of that activity that the European Union legislature set up a special VAT scheme in Article 26(2) to (4) of the Sixth Directive (see Case C‑163/91 Van Ginkel [1992] ECR I‑5723, paragraphs 13 to 15; Madgett and Baldwin , paragraph 18; Case C‑149/01 First Choice Holidays [2003] ECR I‑6289, paragraphs 23 to 25; Case C‑200/04 ISt [2005] ECR I‑8691, paragraph 21; and Case C‑31/10 Minerva Kulturreisen [2010] ECR I‑12889, paragraphs 17 and 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 |
12,387 | 28
It should be borne in mind, first, that the Court has already categorised the Vergabekammer bei der Bezirksregierung Arnsberg (Public Procurement Board attached to the Arnsberg regional government, Germany) as a ‘court or tribunal’ within the meaning of Article 267 TFEU (judgment of 18 September 2014, Bundesdruckerei, C‑549/13, EU:C:2014:2235, paragraphs 20 to 23). | 43. Consideration classified as pay includes, inter alia, consideration paid by the employer by virtue of legislative provisions and under a contract of employment whose purpose is to ensure that workers receive income even where, in certain cases specified by the legislature, they are not performing any work provided for in their contracts of employment (see Case C-360/90 Bötel [1992] ECR I-3589, paragraphs 14 and 15, and Gillespie , paragraph 13 and the cases cited therein). | 0 |
12,388 | 30. As the Court has already held, the fact that the products are, to a certain extent, capable of meeting identical needs leads to the conclusion that there is a certain degree of substitution for one another (Case 170/78 Commission v United Kingdom [1980] ECR 417, paragraph 14, and Case 356/85 Commission v Belgium [1987] ECR 3299, paragraph 10). | 28 In those circumstances, as regards the attribution of those periods of child-rearing for the purposes of old-age insurance, Mrs Elsen cannot be regarded under Article 13(2)(f) of Regulation No 1408/71 as having ceased all occupational activity and subject for that reason to the legislation of the State in which she resided. That provision specifically provides for the legislation of the State of residence to apply only where the legislation of a Member State ceases to be applicable, without the legislation of another Member State becoming applicable to him in accordance with one of the rules laid down in the aforegoing subparagraphs. As regards the attribution of periods devoted to rearing a child born at a time when, as here, the parent pursued an occupation in a Member State and was therefore subject to the social security legislation of that State, that legislation remains applicable, in accordance with Article 13(2)(a) of Regulation No 1408/71. | 0 |
12,389 | 33. First, the undertaking receiving such compensation must actually have public service obligations to discharge, and the obligations must be clearly defined. Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. Third, the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit for discharging those obligations. Fourth, the compensation must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with the requisite means so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations (judgment in Fallimento Traghetti del Mediterraneo , C‑140/09, EU:C:2010:335, paragraphs 37 to 40 and the case-law cited). | 38 THE POINT TO BE MADE WITH REGARD TO THAT ARGUMENT IS THAT THE EVIDENCE SUBMITTED IN ACCORDANCE WITH REGULATION NO 1624/76 TO THE AUTHORITIES IN THE MEMBER STATES OF DESTINATION RELATES TO THE DENATURING OR PROCESSING OF THE SKIMMED-MILK POWDER BY THE IMPORTER , ITS PURPOSE BEING TO OBTAIN THE RELEASE OF THE SECURITY HELD BY THE AUTHORITIES OF THAT MEMBER STATE . IT DOES NOT RELATE TO THE QUESTION WHETHER THE SKIMMED-MILK POWDER EXPORTED FOR THE PURPOSES OF DENATURING OR PROCESSING MET THE CONDITIONS LAID DOWN BY REGULATION NO 986/68 FOR THE GRANT OF AIDS IN THE EXPORTING MEMBER STATE .
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12,390 | 35. The applicable rules protect those entitled to use them against improper use of designations of origin by third parties seeking to profit from the reputation which they have acquired. Such designations are intended to guarantee that the product bearing them comes from a specified geographical area and displays certain particular characteristics. They may enjoy a high reputation amongst consumers and constitute for producers who fulfil the conditions for using them an essential means of attracting custom. The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product (see Belgium v Spain , paragraphs 54 to 56). For consumers, the link between the reputation of the producers and the quality of the products also depends on his being assured that products sold under the designation of origin are authentic (see Ravil , paragraph 49, and Consorzio del Prosciutto di Parma and Salumificio S. Rita , paragraph 64). | 21. The Court has made it clear that that interpretation results in the exclusion of certain judicial decisions from the scope of the Brussels Convention, owing either to the legal relationships between the parties to the action or to its subject-matter (LTU , paragraph 4, and Baten , paragraph 29). | 0 |
12,391 | 194. That is the case, according to the case-law, whenever the full application of the directive is not in fact secured, that is to say, not only where the directive has not been implemented or has been implemented incorrectly, but also where the national measures correctly implementing the directive are not being applied in such a way as to achieve the result sought by it (Case C‑62/00 Marks & Spencer [2002] ECR I‑6325, paragraph 27). | 29 On the second point in the reasoning, it must be observed that the justification for a preliminary reference, and hence for the jurisdiction of the Court, is not that it enables advisory opinions on general or hypothetical questions to be delivered (see the judgment in Foglia v Novello, cited above, at paragraph 18), but rather that it is necessary for the effective resolution of a dispute. | 0 |
12,392 | 33. A comparison of those two provisions prompts the finding, in line with the view put forward by the Netherlands Government, that the ‘increase in the capital’ referred to in Article 4(1)(c) of Directive 69/335 means a formal increase of a company’s capital by means either of an issue of new shares or by an increase in the nominal value of the existing shares (see, to that effect, Case 270/81 Felicitas Rickmers-Linie [1982] ECR 2771, paragraph 15, and Case 36/86 Dansk Sparinvest [1988] ECR 409, paragraph 13). | 24. En effet, il ressort d’une jurisprudence constante qu’un État membre, dont les autorités ont octroyé une aide en violation des règles de procédure prévues à l’article 88 CE, ne saurait invoquer la confiance légitime des bénéficiaires pour se soustraire à l’obligation de prendre les mesures nécessaires en vue de l’exécution d’une décision de la Commission lui ordonnant de récupérer cette aide. Admettre une telle possibilité reviendrait à priver les dispositions des articles 87 CE et 88 CE de tout effet utile, dans la mesure où les autorités nationales pourraient ainsi se fonder sur leur propre comportement illégal pour mettre en échec l’efficacité des décisions prises par la Commission en vertu de ces dispositions du traité (arrêts du 20 septembre 1990, Commission/Allemagne, C‑5/89, Rec. p. I‑3437, point 17; du 7 mars 2002, Italie/Commission, C‑310/99, Rec. p. I‑2289, point 104, et du 1 er avril 2004, Commission/Italie, C‑99/02, Rec. p. I‑3353, point 21). | 0 |
12,393 | 16 Those provisions must be interpreted in the light of their objective, namely to contribute, particularly in the field of social security, to the establishment of the greatest possible freedom of movement for migrant workers, which is one of the foundations of the Community (see, for example, Case 10/78 Belbouab v Bundesknappschaft [1978] ECR 1915, paragraph 5; Case 284/84 Spruyt v Sociale Verzekeringsbank [1986] ECR 685, paragraph 18; and Case C-293/88 Winter-Lutzins v Sociale Verzekeringsbank [1990] ECR I-1623, paragraph 13). | 43 That remuneration, granted in return for, and in recognition of, the work carried out, is intended for trainee medical specialists who participate in all the medical activities of the department where the training is carried out. They devote to that practical and theoretical training all their professional activity throughout the working week or, in the case of a part-time trainee specialist, a significant proportion of the working week. | 0 |
12,394 | 37
The Court has, however, held that EU law does not preclude national rules which, in certain cases, permit the regularisation of operations or measures which are unlawful in the light of EU law (judgments of 3 July 2008, Commission v Ireland, C‑215/06, EU:C:2008:380, paragraph 57; of 15 January 2013, Križan and Others, C‑416/10, EU:C:2013:8, paragraph 87; and of 17 November 2016, Stadt Wiener Neustadt, C‑348/15, EU:C:2016:882, paragraph 36). | 99. However, the specific features of the ENSP entrance examination do not allow for account to be taken of specific qualifications in the field of hospital management since, in the logic of the French recruitment system at issue in the main proceedings, the candidate is clearly not yet supposed to have such qualifications. The examination is intended to select between candidates who, by definition, are not yet trained to carry out that managerial role. | 0 |
12,395 | 42
As regards, second, the appellant’s arguments relating to the meetings that took place on 16 November 1995 and 15 October 1997, which in essence allege that the judgment under appeal is insufficiently reasoned, it must be recalled that, according to well-established case-law, the obligation to state reasons does not require the General Court to provide an account which follows exhaustively and one by one all the arguments put forward by the parties to the case. The reasoning may therefore be implicit, on condition that it enables the persons concerned to know the reasons why the General Court has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its powers of review (see, inter alia, judgments of 2 April 2009, Bouygues and Bouygues Télécom v Commission, C‑431/07 P, EU:C:2009:223, paragraph 42, and of 22 May 2014, Armando Álvarez v Commission, C‑36/12 P, EU:C:2014:349, paragraph 31). | 14 DURING THE ORAL PROCEDURE THE DEFENDANT ACKNOWLEDGED THAT VARIOUS POSTS CAPABLE OF BEING FILLED BY THE APPLICANT FELL VACANT SHORTLY AFTER THE EXPIRY OF THE LEAVE ON PERSONAL GROUNDS .
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12,396 | 65. Those arguments cannot be accepted. It is settled case-law that, when exercising its powers under Article 226 EC, the Commission does not have to show that there is a specific interest in bringing an action. The Commission’s function is to ensure, of its own motion and in the general interest, that the Member States give effect to Community law and to obtain a declaration of any failure to fulfil the obligations deriving therefrom with a view to bringing it to an end (see Case C‑333/99 Commission v France [2001] ECR I-1025, paragraph 23, and Case C‑394/02 Commission v Greece [2005] ECR I-0000, paragraphs 14 and 15 and case-law cited). | 50. Under recital 21 in the preamble thereto, the Regulation is based on the idea that the recognition and enforcement of judgments given in a Member State must be based on the principle of mutual trust and the grounds for non-recognition must be kept to the minimum required. | 0 |
12,397 | 40. It is in the light of that consideration that the Court has held that the national court is required, as soon as it has available to it the legal or factual elements necessary for that task, to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier (see, inter alia, Banco Español de Crédito , paragraph 42, and Banif Plus Bank , paragraph 22). | 28. Il importe de rappeler que, dans le cadre d’un recours en manquement, introduit en vertu de l’article 258 TFUE par la Commission et dont celle-ci apprécie seule l’opportunité, il appartient à la Cour de constater si le manquement reproché existe ou non, même si l’État concerné ne conteste pas ce manquement (voir, notamment, arrêts du 22 juin 1993, Commission/Danemark, C‑243/89, Rec. p. I‑3353, point 30; du 15 janvier 2002, Commission/Italie, C‑439/99, Rec. p. I‑305, point 20, et du 8 septembre 2005, Commission/Italie, C‑462/04, point 7). | 0 |
12,398 | 50. In this connection, it must be recalled 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 European Union 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 European Union law may give rise in the national judicial system (see, inter alia, Case C‑54/96 Dorsch Consult [1997] ECR I‑4961, paragraph 40, and Case C‑462/99 Connect Austria [2003] ECR I‑5197, paragraph 35). | 52 It is clear from that provision that the competent authority, which is required to take into consideration the seriousness of the infringement concerned, is thus obliged to comply with the principle of proportionality. | 0 |
12,399 | 37. None the less, the Court has previously held, in particular in paragraphs 17 to 21 of the judgment in Titanium dioxide , that recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other (see also, to that effect, Joined Cases C‑164/97 and C‑165/97 Parliament v Council [1999] ECR I‑1139, paragraph 14; Case C‑338/01 Commission v Council , paragraph 57; Case C‑94/03 Commission v Council [2006] ECR I‑1, paragraph 52; and Case C‑178/03 Commission v Parliament and Council [2006] ECR I‑107, paragraph 57). | 31. The concept of the centre of main interests is peculiar to the Regulation. Therefore, it has an autonomous meaning and must therefore be interpreted in a uniform way, independently of national legislation. | 0 |
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