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12,600 | 39
In the absence of any express reference to the laws of the Member States, that criterion must be given an autonomous and uniform interpretation throughout the European Union which takes into account its wording, context and objective (see, to that effect, judgment of 16 July 2015, A, C‑184/14, EU:C:2015:479, paragraphs 31 and 32 and the case-law cited). | 46AS INSTITUTIONAL ACTS ADOPTED ON THE BASIS OF THE TREATY , THE REGULATIONS APPLY IN PRINCIPLE TO THE SAME GEOGRAPHICAL AREA AS THE TREATY ITSELF .
| 0 |
12,601 | 36. In that regard, it should also be noted that any Community national who, irrespective of his place of residence and his nationality, works in a Member State other than that of his residence falls within the scope of Article 39 EC (see to that effect, inter alia, Case C‑152/03 Ritter-Coulais [2006] ECR I-1711, paragraph 31; Case C‑212/05 Hartmann [2007] ECR I‑6303, paragraph 17; Case C‑182/06 Lakebrink and Peters-Lakebrink [2007] ECR I‑6705, paragraph 15; Case C‑287/05 Hendrix [2007] ECR I‑6909, paragraph 46; and Case C‑152/05 Commission v Germany [2008] ECR I‑0000, paragraph 20). | 52. If the users of that register are to be able to determine the precise nature of a mark on the basis of its registration, its graphic representation in the register must be self-contained, easily accessible and intelligible. | 0 |
12,602 | 27. According to settled case-law, Article 43 EC precludes any national measure which, even though it is applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by Community nationals of the freedom of establishment that is guaranteed by the Treaty (see, in particular, Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32, and Case C‑299/02 Commission v Netherlands [2004] ECR I‑0000, paragraph 15). | 11 IN GENERAL TERMS THE SPECIFIC SUBJECT-MATTER OF INDUSTRIAL AND COMMERCIAL PROPERTY INCLUDES THE EXCLUSIVE RIGHT FOR THE PATENT PROPRIETOR TO USE AN INVENTION WITH A VIEW TO MANUFACTURING INDUSTRIAL PRODUCTS AND PUTTING THEM INTO CIRCULATION FOR THE FIRST TIME, EITHER DIRECTLY OR BY THE GRANT OF LICENCES TO THIRD PARTIES, AS WELL AS THE RIGHT TO OPPOSE INFRINGEMENTS ( SEE THE AFOREMENTIONED JUDGMENT IN MERCK ). | 0 |
12,603 | 92. Or, force est de constater à cet égard que, dans son recours, la Commission se borne à indiquer qu’elle n’est «absolument pas convaincue» que les conditions dont la réglementation néerlandaise assortit le non-assujettissement à la TVA permettent d’éviter une distorsion de concurrence. Elle n’apporte cependant aucun élément à l’appui de cette affirmation, en particulier en vue de démontrer que la possibilité de distorsion de concurrence alléguée avec les activités exercées par des opérateurs privés, tels les bureaux de placement, n’est pas uniquement théorique mais bien réelle (voir, par analogie, arrêt du 8 mars 2001, Commission/Portugal, C‑276/98, Rec. p. I‑1699, point 28). | 31. The correctness of that interpretation is reinforced by the fact that provisions laying down a fundamental principle such as that of the free movement of persons must be interpreted broadly. | 0 |
12,604 | 17 As the Court has consistently held (see, most recently, the judgments in Commission v France, cited above, paragraph 15; Commission v Italy, cited above, paragraph 18; and Commission v Greece, cited above, paragraph 18), such restrictions come within the scope of Article 59 if the application of the national legislation to foreign persons providing services is not justified by overriding reasons relating to the public interest or if the requirements embodied in that legislation are already satisfied by the rules imposed on those persons in the Member State in which they are established. | 62 According to the settled case-law of the Court, in the context of the common agricultural policy, since only the Commission is in a position to keep track of agricultural market trends and to act quickly where necessary, the Council may find it necessary to confer on it wide powers in that sphere (see, inter alia, Case 23/75 Rey Soda v Cassa Conguaglio Zucchero [1975] ECR 1279, paragraph 11, and Case C-285/94 Italy v Commission [1997] ECR I-3519, paragraph 22). The limits of those powers must be determined by reference among other things to the essential general aims of the market organization (see Case 22/88 Vreugdenhil and Others [1989] ECR 2049, paragraph 16, and Case C-478/93 Netherlands v Commission [1995] ECR I-3081, paragraph 30). | 0 |
12,605 | 23
In the absence of detail as to the territorial scope of an act of secondary legislation, that scope must be determined on the basis of those provisions, since the secondary legislation applies in principle to the same area as the Treaties themselves and applies automatically in that area (see, to that effect, judgment of 15 December 2015, Parliament and Commission v Council, C‑132/14 to C‑136/14, EU:C:2015:813, paragraphs 76 and 77). | 65. Thus, provisions which, in order to be adopted, require political choices falling within the responsibilities of the European Union legislature cannot be delegated. | 0 |
12,606 | 143. Since a complex economic appraisal is involved here, it should also be noted that, according to settled case-law, in reviewing an act of the Commission which has necessitated such an appraisal, the Court must confine itself to verifying whether the Commission complied with the relevant rules governing procedure and the statement of reasons, whether the facts on which the contested finding was based have been accurately stated and whether there has been any manifest error of assessment or a misuse of powers (see, to that effect, Case C‑56/93 Belgium v Commission [1996] ECR I‑723, paragraph 11, and Joined Cases C‑328/99 and C‑399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I‑4035, paragraph 39). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
12,607 | 73. As the Court has already stated in paragraph 34 of the judgment in Isle of Wight Council and Others , it is that undesirable result, namely distortion of competition, that the Community legislature sought to avoid by providing, in the third subparagraph of Article 13(1) of Directive 2006/112, that the activities specifically listed in Annex I thereto (such as telecommunications, the supply of water, gas, electricity and thermal energy, the transport of goods, port and airport services and passenger transport) are, ‘in any event’, unless they are negligible, to be subject to VAT, even when they are carried on by bodies governed by public law acting as public authorities. | 43. Thus, where there is a risk of overlap between rights under the legislation of the State of residence and rights under the legislation of the State of employment, provisions such as Articles 13 and 73 of Regulation No 1408/71 must be compared with the ‘anti-overlap’ rules appearing in the latter and in Regulation No 574/72 (see, to that effect, Dodl and Oberhollenzer , paragraph 49). | 0 |
12,608 | 92. Wh ilst it is not in dispute that Community law does not detract from the power of the Member States to organise their social security systems, and that, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine the conditions in which social security benefits are granted, when exercising that power Member States must comply with Community law, in particular the provisions on the freedom to provide services (see, inter alia, Smits and Peerbooms , paragraphs 44 to 46; Müller-Fauré and van Riet , paragraph 100; and Inizan , paragraph 17). Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of that freedom in the healthcare sector. | 17. Moreover, although it is not disputed that Community law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine the conditions on which social security benefits are granted, it is nevertheless the case that, when exercising that power, the Member States must comply with Community law (see, among others, Smits and Peerbooms , paragraphs 44 to 46, and Müller-Fauré and Van Riet , paragraph 100, and the case-law cited therein). | 1 |
12,609 | 69. 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). | 78. In this regard, it must be observed that is for the national court to ascertain the facts which have given rise to the dispute before it and to establish the consequences which they have for the judgment which it is required to deliver (see, inter alia, WWF and Others , C‑435/97, EU:C:1999:418, paragraph 32, and Danosa , C‑232/09, EU:C:2010:674, paragraph 33). | 0 |
12,610 | 130. That general, abstract and vague argument cannot ultimately be capable of establishing in the present case the reality of a breach of the rights of the defence, which must be examined by reference to the specific circumstances of each case (see, by analogy, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission , paragraphs 52 to 61). | 21. Furthermore, Article 14d(1) of Regulation No 1408/71 specifies that the person referred to in Article 14a(2) of that regulation is to be treated as if he pursued all his professional activity or activities in the territory of the Member State concerned (see, by analogy, Case C‑71/93 Van Pouke [1994] ECR I‑1101, paragraph 24). | 0 |
12,611 | 19 To that end, the Council has conferred on the Commission, acting in cooperation with the customs experts of the Member States, a wide discretion in defining the subject-matter of tariff headings falling to be considered for the classification of particular goods, provided only that the provisions adopted by the Commission do not amend the text of the Tariff (see the judgment in Case C-265/89 Vismans Nederland [1990] ECR I-3411, paragraph 13). | 28 The reply to be given to the questions submitted by the national court must therefore be that Article 18(1) to (4) of Regulation No 574/72 are to be interpreted as meaning that the competent institution, even where this is the employer and not a social security institution, is bound in fact and in law by the medical findings made by the institution of the place of residence or temporary residence concerning the commencement and duration of the incapacity for work, when it does not have the person concerned examined by a doctor of its choice, as it may do under Article 18(5). | 0 |
12,612 | 36. In that connection, the Court has held that EU law cannot be relied on for abusive or fraudulent ends (see, inter alia, Fini H , paragraph 32; Halifax and Others , paragraph 68; Kittel and Recolta Recycling , paragraph 54; and Mahagében and Dávid , paragraph 41). | 53. It should be noted, first, that Regulation No 6/2002 does not define the concept of the ‘informed user’. However, as the Advocate General correctly observed in points 43 and 44 of his Opinion, that concept must be understood as lying somewhere between that of the average consumer, applicable in trade mark matters, who need not have any specific knowledge and who, as a rule, makes no direct comparison between the trade marks in conflict, and the sectoral expert, who is an expert with detailed technical expertise. Thus, the concept of the informed user may be understood as referring, not to a user of average attention, but to a particularly observant one, either because of his personal experience or his extensive knowledge of the sector in question. | 0 |
12,613 | 54. As regards the question whether those articles create individual rights capable of being invoked by the service provider as grounds of defence in the context of a civil action for defamation, it should be noted that, with regard to proceedings between individuals, such as those at issue in the main proceedings, the Court has consistently held that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual (see, inter alia, the judgments in Marshall , 152/84, EU:C:1986:84, paragraph 48, and Faccini Dori , C‑91/92, EU:C:1994:292, paragraph 20), without prejudice, however, to possible actions for damages capable of being brought against the State for harm caused as a result of infringements of EU law by that State (see, inter alia, the judgment in Francovich and Others , C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 35). | 55 It is true that the solution thus imposed by the wording of Article 17(2)(a) of the Sixth Directive may not appear fully consistent with the purpose of that provision and with certain objectives pursued by the Sixth Directive, such as fiscal neutrality and the avoidance of double taxation. | 0 |
12,614 | 87. The situations in which the United Kingdom grants a tax credit to companies resident in the other contracting State which receive dividends from a United Kingdom-resident company are those in which the United Kingdom also retains the right to tax the companies on those dividends. The rate of tax which the United Kingdom may charge in such cases varies according to the circumstances and, in particular according to whether the DTC provides for a full or a partial tax credit. There is thus a direct link between the entitlement to a tax credit and the rate of tax laid down under such a DTC (see, to that effect, Case C‑58/01 Océ Van der Grinten [2003] ECR I‑9809, paragraph 87). | 31. In that regard, it is to be remembered that, when a question on the validity of a measure adopted by the institutions of the European Community is raised before a national court, it is for that court to decide whether a decision on the matter is necessary to enable it to give judgment and, consequently, whether it should request the Court to rule on that question. Accordingly, where the national court’s questions relate to the validity of a provision of Community law, the Court is obliged in principle to give a ruling ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 34 and the case-law cited). | 0 |
12,615 | 51. By virtue of Article 293 EC, Member States are required, so far as necessary, to enter into negotiations with each other with a view to securing for the benefit of their nationals the abolition of double taxation within the Community. However, apart from Convention 90/436/EEC of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10), no unifying or harmonising measure for the elimination of double taxation has yet been adopted at Community level, and Member States have not yet concluded any multilateral convention to that effect under Article 293 EC (see Case C‑336/96 Gill [1998] ECR I-2793, paragraph 23; Case C-376/03 D . [2005] ECR I-5821, paragraph 50; and Case C‑470/04 N. [2006] ECR I-0000, paragraph 43). | 24 Reasonably circumspect consumers may be deemed to know that there is not necessarily a link between the size of publicity markings relating to an increase in a product' s quantity and the size of that increase. | 0 |
12,616 | 36 In the light of the case-law referred to in paragraph 25 of this judgment, the Court finds that the Community institutions complied with their obligation to give reasons for the export prohibition. In the 14th recital they explained that market disturbances could be caused by branches of credit institutions offering levels of cover higher than those offered by credit institutions authorized in the host Member State and also stated that the level and the scope of cover offered by the guarantee scheme should not become an instrument of competition. They concluded that it was necessary, at least during an initial period, to stipulate that the level and scope of cover offered by a home Member State scheme to depositors at branches located in another Member State should not exceed the maximum level and scope offered by the corresponding scheme in the host Member State. | 19. In such circumstances, the burden of the charge levied but not due has been borne not by the trader, but by the purchaser to whom the cost has been passed on. Therefore, to repay the trader the amount of the charge already received from the purchaser would be tantamount to paying him twice over, which may be described as unjust enrichment, whilst in no way remedying the consequences for the purchaser of the illegality of the charge ( Comateb and Others , paragraph 22). | 0 |
12,617 | 28 Furthermore, according to Article 1(a) of the Regulation the terms `employed person' and `self-employed person' refer to `any person', without qualification, who is insured under one of the social security schemes referred to in that article for the contingencies and on the conditions mentioned in that provision (see, to that effect, Case C-2/89 Bestuur van de Sociale Verzekeringsbank v Kits van Heijningen [1990] ECR I-1755, paragraph 9). Likewise, under Article 2(1) and (3) the Regulation applies to employed or self-employed persons and to civil servants who are or have been subject to the legislation of one Member State only. | 75. Nevertheless, it must be recalled that, according to settled case-law, the Court may decide not to give a preliminary ruling determining the validity of a Community act where it is quite obvious that that determination, requested by the national court, bears no relation to the actual facts of the main action or its purpose (Case C-451/99 Cura Anlagen [2002] ECR I‑3193, paragraph 16). | 0 |
12,618 | 69. As the Court has already noted, the Community legislature, with a view to making it easier for a particular class of migrant lawyers to exercise the fundamental freedom of establishment, did not opt for a system of prior testing of the knowledge of the persons concerned (see Luxembourg v Parliament and Council , paragraph 43). | 15. As the Advocate General observes in point 18 of his Opinion, point 48.4(d) of the annex to Directive 91/628 establishes a maximum of 28 hours of travel, interrupted by a minimum rest period of 1 hour after the first 14 hour section. | 0 |
12,619 | 21. The freedom to provide services may be relied on by an undertaking against the Member State in which it is established where the services are provided to recipients established in another Member State and, in general, whenever a provider of services offers services in a Member State other than the one in which he is established (see, inter alia, Tankreederei I , paragraph 16 and case-law cited). | 72. Thus, as set out in paragraphs 49 to 52 of the present judgment, the provisions of Regulation No 1924/2006 and Directive 2009/54, in particular those which lay down limitations on the use of the claims and indications at issue in the main proceedings, aim to ensure a high level of consumer protection, to guarantee adequate and transparent information for the consumer relating to the sodium content of drinking water, to ensure fair trading and to protect human health. | 0 |
12,620 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources available to persons and entities named in the lists contained in their annexes, and a bundle of individual decisions affecting those persons and entities (see, to that effect, judgments in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraphs 241 to 244, and Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2013:258, paragraph 56). | 16 As Community law stands, the provisions on patents have not yet been the subject of unification at Community level or in the context of approximation of laws. In that respect, it must be pointed out that, as stated above, the Community Patent Convention has not yet entered into force. | 0 |
12,621 | 96. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them (Case C-506/04 Wilson [2006] ECR I-8613, paragraphs 50 and 51, and RTL Belgium , paragraph 39). The second aspect, which is internal, is linked to impartiality and seeks to ensure a level playing field for the parties to the proceedings and their respective interests in relation to the subject-matter of those proceedings ( Wilson , paragraph 52, and RTL Belgium , paragraph 40). | 31 Accordingly, the answer to Question 1 must be that Article 36(3) of Regulation No 222/77 in conjunction with Article 11a(2) of Regulation No 1062/87 is to be interpreted as meaning that the Member State to which the office of departure belongs may recover duty on import only if it has indicated to the principal that he has three months in which to prove where the offence or irregularity was actually committed and such proof has not been provided within that period.
Question 2 | 0 |
12,622 | 17. Furthermore, the reasoned opinion must contain a coherent and detailed statement of the reasons which have led the Commission to conclude that the Member State in question has failed to fulfil one of its obligations under the EC Treaty. By contrast, the letter of formal notice cannot be subject to such strict requirements of precision, since it cannot, of necessity, contain anything more than an initial brief summary of the complaints. The Commission can therefore, in the reasoned opinion, set out in detail the complaints which it has already made more generally in the letter of formal notice (see Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 26, and Case C‑152/05 Commission v Germany , paragraph 10). | 33. It is by virtue of the same objective of ensuring a neutral changeover to the euro that the 11th recital to Regulation No 1103/97 states that the rules for rounding ‘do not affect any rounding practice, convention or national provisions providing a higher degree of accuracy for intermediate computations’. | 0 |
12,623 | 49. In that regard, it should be stressed at the outset that the need for the uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose pursued (see, inter alia, Case C‑204/09 Flachglas Torgau [2012] ECR I‑0000, paragraph 37, and Case C‑260/11 Edwards and Pallikaropoulos [2013] ECR I‑0000, paragraph 29). | 26
Article 45(2) TFEU provides, in favour of employees, for specific rules governing non-discrimination on the basis of nationality in respect of employment conditions. | 0 |
12,624 | 29
More specifically, it follows from Article 13(3) of the Basic Regulation that, in the event of circumvention, the extension of established definitive measures takes effect from the date on which the registration was imposed pursuant to Article 14(5) of that regulation (judgment of 6 June 2013 in Paltrade, C‑667/11, EU:C:2013:368, paragraph 26). | 63. The fact, pleaded by the Spanish Government, that Royal Decree No 1525/1995 provides in its preamble that the rules in question are to be applied consistently with Community law does not make any difference to that finding. | 0 |
12,625 | 36. Those objective criteria for assessing the depreciation of motor vehicles have not been listed by the Court as being obligatory. They need not thus necessarily be applied cumulatively. However, the application of a scale based on a single criterion of depreciation, such as the age of the motor vehicle, does not guarantee that the scale will reflect the actual depreciation of those vehicles. In particular, given the failure to take account of the kilometrage, such a scale does not, as a general rule, lead to a reasonable approximation of the actual value of imported second-hand vehicles (judgments in Commission v Greece , C‑74/06, EU:C:2007:534, paragraphs 37 to 43, and Tatu , C‑402/09, EU:C:2011:219, paragraph 42). | 36. With regard to the reference in the management plans for intracommunal river basins to the national decree of 2008, relied upon to show that that decree is fully applicable to those basins, having regard to the foregoing, the Kingdom of Spain has failed to demonstrate that the Autonomous Communities have acted pursuant to a legal obligation when they referred to the national decree of 2008 in the management plans for those basins. If the reference reflects merely an administrative practice, which by its nature is alterable at will by the authorities and is not given appropriate publicity, it cannot be regarded as constituting the proper fulfilment of obligations under the Treaty (see, to that effect, Case C‑490/09 Commission v Luxembourg [2011] ECR I‑247, paragraph 47 and the case-law cited). | 0 |
12,626 | 71. À cet égard, la Cour a déjà eu l’occasion de préciser, d’une part, que des déblais d’excavation relèvent de la catégorie des déchets et, d’autre part, que la directive 75/442, remplacée en dernier lieu par la directive 2008/98, s’applique non seulement à l’élimination et à la valorisation des déchets par des entreprises spécialisées en la matière, mais également à l’élimination et à la valorisation des déchets par l’entreprise qui les a produits, sur le lieu de leur production (voir, en ce sens, arrêt Commission/Italie, C‑194/05, EU:C:2007:806, points 35 et 56 ainsi que jurisprudence citée). | Il est de jurisprudence constante que le respect du principe d’équivalence implique que les États membres ne prévoient pas
des modalités procédurales moins favorables pour les recours fondés sur une violation du droit de l’Union que celles qui sont
applicables aux recours similaires, eu égard à leur objet, leur cause et leurs éléments essentiels, fondés sur une violation
du droit interne (voir, en ce sens, arrêt du 19 juillet 2012, Littlewoods Retail e.a., C‑591/10, EU:C:2012:478, point 31 ainsi
que jurisprudence citée). | 0 |
12,627 | 22 As far as that argument is concerned, it must be recalled that, as the Court held in paragraph 26 of its judgment in Case C-21/94 Parliament v Council, cited above, proper consultation of the Parliament in the cases provided for by the Treaty constitutes one of the means enabling it to play an effective role in the legislative process of the Community; to accept the Council's argument would result in seriously undermining that essential participation in the maintenance of the institutional balance intended by the Treaty and would amount to disregarding the influence that due consultation of the Parliament can have on adoption of the measure in question. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,628 | 41. As regards application of the principle of effectiveness, the Court has held that every case in which the question arises as to whether a national procedural provision makes the application of EU law impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its conduct and its special features, viewed as a whole, before the various national bodies. In that context, it is necessary to take into consideration, where relevant, the principles which lie at the basis of the national legal system, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct of the proceedings (see, to that effect, judgments in Fallimento Olimpiclub , C‑2/08, EU:C:2009:506, paragraph 27, and Târșia , C‑69/14, EU:C:2015:662, paragraphs 36 and 37 and the case-law cited). | 54. Thus, in accordance with Article 5(2), a commercial practice is unfair if it is contrary to the requirements of professional diligence and materially distorts or is likely materially to distort the economic behaviour of the average consumer with regard to the product. | 0 |
12,629 | 24. The legislation in question also has a restrictive effect as regards companies established in other Member States as it prevents them from raising capital in France, given that the proceeds of contracts taken out with those companies are treated less favourably from a tax point of view than proceeds payable by a company which is established in France. This means that their contracts are less attractive to investors residing in France than those of companies which are established in that Member State (for a similar situation, see Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 35, and Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 18). | 40. However, contrary to the claims of Paul and others, it does not necessarily follow either from the existence of such obligations or from the fact that the objectives pursued by those directives also include the protection of depositors that those directives seek to confer rights on depositors in the event that their deposits are unavailable as a result of defective supervision on the part of the competent national authorities. | 0 |
12,630 | 25 It must be concluded that, as far as the right to join an occupational scheme is concerned, there is no reason to suppose that the professional groups concerned could have been mistaken about the applicability of Article 119. | 64. However, there is no provision in the basic regulation which grants the Commission, in the context of a circumvention investigation, the power to require producers or exporters referred to in a complaint to participate in the investigation or to provide information. The Commission is therefore reliant on the voluntary cooperation of the interested parties to provide it with the necessary information (judgment in Simon, Evers & Co. , C‑21/13, EU:C:2014:2154, paragraph 32). | 0 |
12,631 | 77. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Thijssen , paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 75. Nevertheless, Beaudout argues that the introduction of a mechanism authorising exemptions from affiliation would not endanger the financial balance of the body which manages the scheme at issue in the main proceedings. | 0 |
12,632 | 20 As far as the right to join an occupational scheme is concerned, it stated that there was no reason to suppose that those concerned could have been mistaken as to the applicability of Article 119. It has been clear since the judgment in Case 170/84 Bilka-Kaufhaus v Karin Weber von Hartz [1986] ECR 1607 that a breach of the rule of equal treatment as regards recognition of such a right is caught by Article 119 (Vroege, paragraphs 28 and 29 and Fisscher, paragraphs 25 and 26). | 36. It is not disputed by the parties to the main proceedings or by the Austrian Government or the Commission that the main proceedings relate to the duration of employment relationships with an employer and that that duration must be taken into account to calculate the amount of the termination payment, which falls within the concept of pay (see, to that effect, Gruber , paragraph 22). | 0 |
12,633 | 69 In accordance with the case-law of the Court (see Case 104/80 Beeck [1981] ECR 503, paragraphs 7 and 8, Case C-78/91 Hughes [1992] ECR I-4839, paragraph 28, and Hoever and Zachow, cited above, paragraph 38), that provision is also applicable to a worker who lives with his family in a Member State other than the one whose legislation is applicable to him. | 39. However, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see, inter alia, Interporc v Commission , paragraph 17, and Commission v CAS Succhi di Frutta , paragraph 50). | 0 |
12,634 | 29. Thus, it is apparent from the Court’s recent case-law that the interpretation of the third subparagraph of Article 3(1) of Regulation No 2988/95 applies equally to the possibility of an administrative penalty as to that of an administrative measure (judgment in Pfeifer & Langen , C‑52/14, EU:C:2015:381, paragraphs 40, 43 and 47). | 38. According to settled case-law of the Court, 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 objectives pursued by the rules of which it is part (judgments in Merck , 292/82, EU:C:1983:335, paragraph 12, and Detiček , C‑403/09 PPU, EU:C:2009:810, paragraph 33 and the case-law cited). | 0 |
12,635 | 53. A proper application of the precautionary principle requires, in the first place, the identification of the potentially negative consequences for health of the proposed addition of nutrients, and, secondly, a comprehensive assessment of the risk for health based on the most reliable scientific data available and the most recent results of international research (see Commission v Denmark , paragraph 51). | 31. It follows however from the case-law of the Court that two types of contracts entered into by a public entity do not fall within the scope of European Union public procurement law. | 0 |
12,636 | 19. The principle of legal certainty, which constitutes one of the aims of the Convention, requires, in particular, that the jurisdictional rules which derogate from the basic principle of the Convention laid down in Article 2, such as the rule in Article 24 thereof, be interpreted in such a way as to enable a normally well-informed defendant reasonably to foresee before which courts, other than those of the State in which he is domiciled, he may be sued (see, to that effect, Case C‑440/97 GIE Groupe Concorde and Others [1999] ECR I-6307, paragraphs 23 and 24; Case C-256/00 Besix [2002] ECR I-1699, paragraph 24; and Case C‑281/02 Owusu [2005] ECR I-0000, paragraphs 38 to 40). | 116. Thus, by limiting that programme to certain types of bonds issued only by those Member States which are undergoing a structural adjustment programme and which have access to the bond market again, the ECB has, de facto, restricted the volume of government bonds eligible to be purchased in the framework of the programme and, accordingly, has limited the scale of the programme’s impact on the financing conditions of the States of the euro area. | 0 |
12,637 | 67. In that respect, it must be noted that, in accordance with the case-law of the Court, as soon as a Member State, either unilaterally or by way of a convention, imposes a charge to tax on the income, not only of resident taxpayers, but also of non-resident taxpayers, from dividends which they receive from a resident company, the situation of those non-resident taxpayers becomes comparable to that of the resident taxpayers (see, to that effect, judgments in Denkavit Internationaal and Denkavit France , C‑170/05, EU:C:2006:783, paragraph 35; Commission v Italy , C‑540/07, EU:C:2009:717, paragraph 52; Commission v Spain , C‑487/08, EU:C:2010:310, paragraph 51; Commission v Germany , C‑284/09, EU:C:2011:670, paragraph 56; and order in Tate & Lyle Investments , C‑384/11, EU:C:2012:463, paragraph 31). | 17. In order to answer the question referred to the Court, it should be pointed out that it appears from the third and fifth recitals in the preamble to Directive 92/81 that the directive is intended to determine a number of common definitions for mineral oil products which are to be subject to the general excise system and to lay down certain exemptions relating to those products which are obligatory at Community level. | 0 |
12,638 | 53. It follows from the Court’s settled case-law that Article 56 TFEU requires not only the elimination of all discrimination against service providers on grounds of nationality or of the fact that they are established in a Member State other than that in which the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a service provider established in another Member State where he lawfully provides similar services (see, inter alia, judgments in dos Santos Palhota and Others , EU:C:2010:589, paragraph 29 and the case-law cited; in Commission v Belgium , C‑577/10, EU:C:2012:814, paragraph 38, and in Essent Energie Productie , C‑91/13, EU:C:2014:2206, paragraph 44 and the case-law cited). | 29. It is settled case-law that Article 56 TFEU requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (see, inter alia, Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I‑8453, paragraph 33, and Case C-168/04 Commission v Austria [2006] ECR I‑9041, paragraph 36). | 1 |
12,639 | 51
However, the Court has already accepted that indirectly discriminatory national legislation restricting the grant to frontier workers of social advantages within the meaning of Article 7(2) of Regulation No 1612/68 where there is not a sufficient connection to the society in which they are pursuing their activities without residing there may be objectively justified and proportionate to the objective pursued (see, to that effect, judgments of 18 July 2007, Hartmann, C‑212/05, EU:C:2007:437, paragraphs 30 to 35 and 37; 18 July 2007, Geven, C‑213/05, EU:C:2007:438, paragraph 26; 11 September 2007, Hendrix, C‑287/05, EU:C:2007:494, paragraphs 54 and 55; and 20 June 2013, Giersch and Others, C‑20/12, EU:C:2013:411, paragraph 64). | 314. In the instant case it must be declared that the contested regulation cannot be considered to be an act directly attributable to the United Nations as an action of one of its subsidiary organs created under Chapter VII of the Charter of the United Nations or an action falling within the exercise of powers lawfully delegated by the Security Council pursuant to that chapter. | 0 |
12,640 | 64. In the context of the main proceedings, it should be emphasised that, where a restrictive system has been established for games of chance and that system is incompatible with Article 56 TFEU, an infringement of the system by an economic operator cannot give rise to penalties (see, to that effect, Placanica and Others EU:C:2007:133, paragraphs 63 and 69, and Dickinger and Ömer EU:C:2011:582, paragraph 43).
Costs | 72. It is for the referring court to determine whether, in particular, the extension of the length of the transitional period, brought about by legislation such as that at issue in the main proceedings, can be regarded as being necessary to comply with the principle of legal certainty. | 0 |
12,641 | 21
It that respect, it must be recalled that the Court may at any time, after hearing the Advocate General, order the reopening of the oral part of the procedure under Article 83 of its Rules of Procedure, in particular if it considers that it lacks sufficient information or where the case must be decided on the basis of an argument which has not been debated between the interested parties (see, to that effect, judgment of 7 April 2016, Marchon Germany, C‑315/14, EU:C:2016:211, paragraph 19). | 29. Il ressort de la jurisprudence de la Cour que, en tant que dérogation à la règle fondamentale de la libre circulation et de la non-discrimination des travailleurs communautaires, l’article 39, paragraphe 4, CE doit recevoir une interprétation qui limite sa portée à ce qui est strictement nécessaire pour sauvegarder les intérêts que cette disposition permet aux États membres de protéger (arrêts précités Colegio de Oficiales de la Marina Mercante Española, point 41; Anker e.a., point 60 et jurisprudence citée, ainsi que Commission/Italie, point 15 et jurisprudence citée). | 0 |
12,642 | 16. First of all, as regards the argument of the defendants in the main proceedings seeking to call into question the statement of the facts by the referring court, in particular so far as concerns the existence of the irregularities which they are alleged to have committed, it is not for the Court to establish the facts relevant to the decision in the main proceedings. The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (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). | 47. However, since the present action concerns not a failure to fulfil the obligation to provide information but a failure to fulfil the obligation to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive, the mere fact that the Italian Republic did not inform the Commission that, in its view, the Directive was already transposed by the domestic law in force cannot, contrary to what the Commission appears to suggest, be sufficient to prove the alleged failure to fulfil an obligation. | 0 |
12,643 | 40. In that respect, it should be noted that Article 52 of the Treaty constitutes one of the fundamental provisions of Community law and has been directly applicable in the Member States since the end of the transitional period. Under that provision, freedom of establishment for nationals of a Member State on the territory of another Member State includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the country where such establishment is effected (Case 270/83 Commission v France [1986] ECR 273, paragraph 13; Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 22; Case C-251/98 Baars [2000] ECR I-2787, paragraph 27). | 64. It follows that the grant of VAT exemption must be refused if there is a genuine risk that the exemption may by itself, immediately or in the future, give rise to distortions of competition. | 0 |
12,644 | 83. It has been consistently held that the extent of the obligation to state reasons under Article 253 EC depends on the nature of the measure concerned and the context in which it was adopted (see, inter alia, Case C-54/91 Germany v Commission [1993] ECR I-3399, paragraph 10). | 39. À cet égard, force est de constater que cet argument repose sur une lecture erronée de l’arrêt attaqué. En effet, il ne ressort pas de celui-ci que le Tribunal aurait déclaré comme étant illégal l’échange de possibilités de pêche, pour la période comprise entre 1995 et 2002, entre la République française et la République portugaise. Au contraire, le Tribunal a souligné, aux points 66 et 67 de l’arrêt attaqué, que, si dans l’arrêt Espagne/Conseil, précité, la Cour a annulé l’autorisation donnée par le Conseil à la République portugaise de pêcher une partie de son quota d’anchois dans la zone CIEM VIII, en revanche, elle n’a pas statué sur la légalité de la cession par la République portugaise de ses possibilités de pêche à l’anchois dans la zone CIEM VIII à la République française, cette cession ayant été avalisée dans l’arrêt du 5 octobre 1999, Espagne/Conseil (C‑179/95, Rec. p. I‑6475). En effet, dans ce dernier arrêt, la Cour avait rejeté les moyens d’annulation avancés par le Royaume d’Espagne à l’encontre de la disposition prévoyant cette cession, à savoir le point 1, 1.1, second alinéa, sous i), de l’annexe IV du règlement n° 685/95. La compatibilité de cette disposition avec le droit communautaire a ainsi été définitivement tranchée par l’arrêt du 5 octobre 1999, Espagne/Conseil, précité, qui revêt sur ce point autorité de chose jugée. | 0 |
12,645 | 17 As the Court has consistently held (see, most recently, the judgments in Commission v France, cited above, paragraph 15; Commission v Italy, cited above, paragraph 18; and Commission v Greece, cited above, paragraph 18), such restrictions come within the scope of Article 59 if the application of the national legislation to foreign persons providing services is not justified by overriding reasons relating to the public interest or if the requirements embodied in that legislation are already satisfied by the rules imposed on those persons in the Member State in which they are established. | 48. That obligation to cooperate means that the undertaking may not evade requests for production of documents on the ground that by complying with them it would be required to give evidence against itself. | 0 |
12,646 | 76. While it is therefore essential that the legal situation resulting from national implementing measures is sufficiently precise and clear to enable the individuals concerned to know the extent of their rights and obligations, it is none the less the case that, according to the very words of the third paragraph of Article 189 of the Treaty, Member States may choose the form and methods for implementing directives which best ensure the result to be achieved by the directives, and that provision shows that the transposition of a directive into national law does not necessarily require legislative action in each Member State. The Court has thus repeatedly held that it is not always necessary formally to enact the requirements of a directive in a specific express legal provision, since the general legal context may be sufficient for implementation of a directive, depending on its content. In particular, the existence of general principles of constitutional or administrative law may render superfluous transposition by specific legislative or regulatory measures provided, however, that those principles actually ensure the full application of the directive by the national authorities and that, where the relevant provision of the directive seeks to create rights for individuals, the legal situation arising from those principles is sufficiently precise and clear and that the persons concerned are put in a position to know the full extent of their rights and, where appropriate, to be able to rely on them before the national courts (see, inter alia, Case 29/84 Commission v Germany [1985] ECR 1661, paragraphs 22 and 23, and Case C-217/97 Commission v Germany , cited above, paragraphs 31 and 32). | 57. However, no dual legal basis is possible where the procedures laid down for each legal basis are incompatible with each other ( titanium dioxide judgment, cited above, paragraphs 17 to 21, and Joined Cases C-164/97 and C-165/97 Parliament v Council [1999] ECR I-1139, paragraph 14). | 0 |
12,647 | 42. Il y a lieu de relever, à titre liminaire, que, contrairement à ce que soutient la Commission, la notion d’«État» ne doit pas être détachée de l’expression dont elle fait partie pour faire l’objet d’une interprétation séparée. La portée d’une notion de droit communautaire, telle que celle de services effectués pour un autre État, doit être appréciée dans son ensemble et interprétée en fonction de l’économie et des objectifs poursuivis par la réglementation dont elle fait partie (voir, en ce sens, arrêts du 18 mai 2000, KVS International, C‑301/98, Rec. p. I‑3583, point 21; du 19 septembre 2000, Allemagne/Commission, C‑156/98, Rec. p. I‑6857, point 50; du 14 juin 2001, Kvaerner, C‑191/99, Rec. p. I‑4447, point 30, ainsi que du 16 mai 2002, Schilling et Nehring, C‑63/00, Rec. p. I‑4483, point 24). | 59 Second, it is clear from the fifth recital in the preamble to Directive 93/104 that the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations. However, the United Kingdom's argument is incontestably based on such a consideration. | 0 |
12,648 | 39. Third, the contribution in question is a ‘provision of services by a member’. It is true that that contribution was paid not by a member of Senior GmbH (Senior BV) but by the parent company of the latter (Senior Limited), and thus by a member of a member. However, it must be borne in mind that the Court has adopted, with regard to the origin of contributions, an informal approach based on the real appropriation of the contribution (see, to that effect, Weber Haus , paragraphs 11 and 13; ESTAG , paragraphs 37 to 39 and 41; and Case C-71/00 Develop [2002] ECR I-8877, paragraphs 25 to 29). As the contribution in question was paid by the grandparent company (Senior Limited) to the sub-subsidiary (Senior GmbH) in order to increase the value of the shares in the latter, and as that increase was primarily in the interests of its sole member, namely Senior BV, it must be held that that contribution must be attributed to the latter, that is to say Senior BV. It is therefore a ‘provision of services by a member’ within the meaning of Article 4(2)(b) of Directive 69/335. | 17 IT IS CLEAR FROM THE FILE THAT THIS REQUIREMENT WAS NOT FULFILLED IN RESPECT OF THE OBLIGATION IN ISSUE . | 0 |
12,649 | 48. By contrast, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see, in particular, Case C-41/00 P Interporc v Commission [2003] ECR I-2125, paragraph 17, and Le Pen v Parliament , paragraph 40). | 27. As far as Regulation No 800/1999 is concerned, it must be pointed out that the first and second subparagraphs of Article 21(1) provide that no refund is to be granted on products which are not of ‘sound and fair marketable quality’ on the date on which the export declaration is accepted, and that products are to be deemed to meet that requirement ‘if they can be marketed on the Community’s territory in normal conditions’. It must be noted that, by using the terms mentioned above, that provision, which came into force after the events in issue in the main proceedings, has not therefore amended but, on the contrary, has confirmed the existing legal position. | 0 |
12,650 | 42
In the context of that cooperation, questions relating to EU law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments of 21 January 2003, Bacardi-Martini and Cellier des Dauphins, C‑318/00, EU:C:2003:41, paragraph 43; of 15 September 2011, Unió de Pagesos de Catalunya, C‑197/10, EU:C:2011:590, paragraph 17, and of 19 June 2012, Chartered Institute of Patent Attorneys, C‑307/10, EU:C:2012:361, paragraph 32). | 17. In the context of that cooperation, questions relating to European Union law enjoy a presumption of relevance. The Court may thus refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421; and Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑0000, paragraph 36). | 1 |
12,651 | 33. It follows from settled case-law that the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice (see, to that effect, Case C‑185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24; Case C‑40/03 P Rica Foods v Commission [2005] ECR I-6811, paragraph 60; and Case C‑551/03 P General Motors v Commission [2006] ECR I-3173, paragraph 52). | 43. It thus appears that Article 2 of the directive imposes an obligation to negotiate. | 0 |
12,652 | 23 With regard to the second paragraph of Article 7, with which the national court's question is concerned, it must first be borne in mind that the Court has held that, like Article 6(1) (see, primarily, Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, paragraph 26) and the first paragraph of Article 7 (Case C-351/95 Kadiman v Freistaat Bayern [1997] ECR I-2133, paragraph 28), the second paragraph of Article 7 of Decision No 1/80 has direct effect in the Member States, so that Turkish nationals fulfilling the conditions which it lays down may directly rely on the rights conferred on them by that provision (Case C-355/93 Eroglu v Land Baden-Württemberg [1994] ECR I-5113, paragraph 17). | 18. Moreover, in certain circumstances, several formally distinct services, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent. Such is the case for example, where, in the course of a purely objective analysis, it is found that there is a single supply in cases where one or more elements are to be regarded as constituting the principal service, whilst one or more elements are to be regarded, by contrast, as ancillary services which share the tax treatment of the principal service. In particular, a service must be regarded as ancillary to a principal service if it does not constitute for customers an aim in itself, but a means of better enjoying the principal service supplied ( Part Service , paragraphs 51 and 52 and case-law cited). | 0 |
12,653 | 26. Services which a provider carries out without moving from the Member State in which he is established for recipients established in other Member States constitute the provision of cross-border services for the purposes of Article 56 TFEU (see, to that effect, judgments in Alpine Investments , C‑384/93, EU:C:1995:126, paragraphs 21 and 22; Gambelli and Others , C‑243/01, EU:C:2003:597, paragraph 53, and Commission v Spain , C‑211/08, EU:C:2010:340, paragraph 48). | 25. The Court has, in particular, already held that it must be accepted that, where the goods to be valued were bought free of defects but were damaged before their release for free circulation, the price actually paid or payable must be reduced in proportion to the damage suffered, since it is an unforeseeable reduction in the commercial value of the goods (see Repenning , paragraph 18, and Unifert , paragraph 35). | 0 |
12,654 | 21 In that regard, the Court has held on numerous occasions that the Treaty provisions relating to 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 (see, in particular, Bosman, cited above, paragraph 94, and Case C-18/95 Terhoeve v Inspecteur van de Belastingdienst Particulieren/Ondernemingen Buitenland [1999] ECR I-345, paragraph 37). | 22. The Italian Government submits that it is for the Commission to produce scientific evidence that, given the prevailing environmental conditions in Italy, the fixing of a maximum authorised caffeine level does not satisfy the criteria of a proper balancing of the interests in question. | 0 |
12,655 | 48. As regards, next, the principle of effectiveness, it must be recalled that, from the point of view of the analysis required by the case-law cited at paragraph 38 above, the question whether a national procedural provision renders the exercise of an individual’s rights under the European Union legal order impossible in practice or excessively difficult must be assessed taking into consideration, as appropriate, the principles which lie at the basis of the national legal system concerned, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct of the proceedings (see inter alia, to that effect, Peterbroeck , paragraph 14, and Pontin , paragraph 47). | 48
As for waste gases generated during the production of hot metal, according to recital 32 of Decision 2011/278 the product benchmarks take account of the efficient energy recovery of waste gases and emissions related to use of those gases. To that end, for the determination of the benchmark values for products of which the production generates waste gases, the carbon content of those waste gases has been taken into account to a large extent. | 0 |
12,656 | 30
As is apparent from the judgment of 31 March 2011, Aurubis Balgaria (C‑546/09, EU:C:2011:199, paragraphs 26 to 34), where, following a recalculation of customs duties on the basis of additional information, a certain amount of those duties is still to be recovered, interest on arrears in respect of that amount may be charged, pursuant to Article 232(1)(b) of the Customs Code, only in respect of the period after the deadline by which those duties had to be paid. | 121. In any event, the United Kingdom cannot legitimately submit in this regard that, since sewage treatment works contribute less than 5% of nitrogen inputs to the Wash, the identification of that body of water as a sensitive area would entail disproportionate expenditure in that it necessitates more stringent treatment of urban waste water. It is settled case-law that a Member State cannot plead practical or administrative difficulties to justify failure to comply with obligations and time-limits laid down by a directive. The same holds true of financial difficulties, which it is for the Member States to overcome by adopting appropriate measures (see, inter alia, Case C-433/02 Commission v Belgium [2003] ECR I‑12191, paragraph 22, and the judgment of 30 November 2006 in Case C-293/05 Commission v Italy , paragraph 35). | 0 |
12,657 | 34. Concerning the second and third limbs of this plea, with regard to lis alibi pendens in relation to Case T‑231/00, it should be recalled that, according to settled case-law, a complaint directed against a ground included in a decision of the General Court purely for the sake of completeness cannot lead to the decision being set aside and is therefore nugatory (Case C‑399/08 P Commission v Deutsche Post [2010] ECR I‑0000, paragraph 75 and case-law cited). | 37 A titre liminaire, il convient de relever que, contrairement à ce que prétendent FCTL et Meatal, il n'y a pas lieu de distinguer la présente affaire de celle qui a été jugée par la Cour dans l'arrêt Anglo Irish Beef Processors International e.a., précité, ni en ce que la force majeure résulterait d'un acte communautaire ni en ce qu'il n'aurait pas existé d'autre marché pour la viande originaire du Royaume-Uni. | 0 |
12,658 | 41. During the three-year period which runs from the time when the initial customs debt referred to in paragraph 34 above is incurred, a taxable person must, as an economic operator, accept the risk and make the necessary arrangements in order to guard against the risks of the customs authorities revising their decision on the customs debt in the light of new information in their possession following examinations (see, to that effect, judgment in Lagura Vermögensverwaltung , C‑438/11, EU:C:2012:703, paragraph 30). | 20. It should be noted from the outset that, under Article 3(1) of the Regulation, where the national competition authorities apply national competition law to any abuse by an undertaking having a dominant position on the market which may affect trade between Member States, they must also apply Article 102 TFEU. | 0 |
12,659 | 51. The Court has, in addition, held that, where a regulation empowers a Member State to take implementing measures, the detailed rules for the exercise of that power are governed by the public law of the Member State in question (see Case 230/78 Eridania-Zuccherifici nazionali and Società italiana per l’industria degli zuccheri [1979] ECR 2749, paragraph 34, and Case C-313/99 Mulligan and Others [2002] ECR I‑5719, paragraph 48). | 22 FINALLY , THE STATEMENT CONTAINED IN THE CIRCULAR FROM BMW BELGIUM THAT ' ' OUR VIEW IS THEREFORE THAT IN THE PRESENT SITUATION THERE IS ONLY ONE SOLUTION : HENCEFORTH NO BMW DEALER IN BELGIUM WILL SELL CARS OUTSIDE BELGIUM OR TO FIRMS WHO PROPOSE TO EXPORT THEM ' ' AND THE STATEMENT OCCURRING IN THE CIRCULAR FROM THE ADVISORY COMMITTEE , IN WHICH THE ONLY ADVICE GIVEN WAS TO EFFECT ' ' NO MORE SALES OUTSIDE BELGIUM ' ' , EXPRESS UNEQUIVOCALLY THE INTENTION TO STOP ALL SUPPLIES TO FOREIGN DESTINATIONS , WHATEVER MAY BE THE CAPACITY OF THE PURCHASER , APPROVED DEALER OR NOT , CONSUMER OR CONSUMER ' S AGENT .
| 0 |
12,660 | 24. In that regard, the principles of equal treatment and non-discrimination on grounds of nationality imply, in particular, a duty of transparency which enables the concession-granting public authority to ensure that those principles are complied with. That obligation of transparency which is imposed on the public authority consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the service concession to be opened up to competition and the impartiality of procurement procedures to be reviewed (see, to that effect, Telaustria and Telefonadress , paragraphs 61 and 62, as well as Parking Brixen , paragraph 49, both cited above). | 137 Secondly, the Spanish Government contends, without denying that there was delay in establishing the register of olive cultivation and implementing the computerised files of production data, that the controls carried out in Spain were none the less effective and that the EAGGF did not suffer any loss. | 0 |
12,661 | 31
The concept of ‘employment conditions’, within the meaning of Clause 4(1) of the framework agreement, thus covers three-yearly length-of-service increments (see, to that effect, judgment of 13 September 2007, Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraph 47; of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58; and of 9 July 2015, Regojo Dans, C‑177/14, EU:C:2015:450, paragraph 43), six-yearly continuing professional education increments (see, to that effect, order of 9 February 2012, Lorenzo Martínez, C‑556/11, not published, EU:C:2012:67, paragraph 38), rules concerning periods of service to be completed in order to be classified in a higher salary grade or calculation of the periods required to have performance assessed each year (see, to that effect, judgment of 8 September 2011, Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 46 and the case-law cited), the right to participate in a teaching evaluation plan and the ensuing financial incentive (order of the Court of 21 September 2016, Álvarez Santirso, C‑631/15, EU:C:2016:725, paragraph 36), as well as the reduction of working hours by half and the consequent reduction in wages (order of 9 February 2017, Rodrigo Sanz, C‑443/16, EU:C:2017:109, paragraph 33). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,662 | 39. In addition, the Court has held that the provisions of that agreement are not directly applicable and are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law (see, to that effect, Case C‑149/96 Portugal v Council [1999] ECR I‑8395, paragraphs 42 to 48; Joined Cases C‑300/98 and C‑392/98 Dior and Others [2000] ECR I‑11307, paragraphs 44 and 45, and Case C‑245/02 Anheuser-Busch [2004] ECR I‑10989, paragraph 54). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,663 | 26 Applying those principles in the context of disputes concerning the repackaging of pharmaceutical products for purposes of parallel trade, the Court has held that Article 36 of the Treaty must be interpreted as meaning that a trade mark owner may in principle legitimately oppose the further marketing of a pharmaceutical product where the importer has repackaged it and reaffixed the trade mark (see, in particular, Hoffmann-La Roche, paragraph 8, and, with respect to Article 7(2) of Directive 89/104, Bristol-Myers Squibb, paragraph 50). | 50 In accordance with that case-law, Article 7(2) of the directive must therefore be interpreted as meaning that a trade mark owner may legitimately oppose the further marketing of a pharmaceutical product where the importer has repackaged it and reaffixed the trade mark, unless the four conditions set out in the Hoffmann-La Roche judgment, cited above, have been met. | 1 |
12,664 | 40. It should be noted that the purpose of those 11‑month and 3‑month time-limits is to ensure diligent and uniform application, by the administrative authorities, of the provisions relating to the recovery of customs debts in order to secure rapid availability of the Community’s own resources ( SPKR , paragraph 34, and Commission v Germany , paragraphs 69 and 78). Moreover, the three-month time-limit is also intended to protect the interests of the principal by allowing him sufficient time in which to furnish, where appropriate, proof of the regularity of the transit operation or the place where the offence or irregularity was actually committed ( SPKR , paragraph 38, and Honeywell Aerospace , paragraph 24). Finally, that three-month time-limit is intended to encourage the principal to produce the evidence available to him within a mandatory time-limit, with a view to determining without delay the State with jurisdiction to recover duty (Case C‑233/98 Lensing & Brockhausen [1999] ECR I-7349, paragraph 30). | 22 Article 16 of Emergency Law No 373/1968, under which shipowners who have not satisfied the claims of the crew may not be authorized to hire Greek seamen, also fails to safeguard the seamen' s rights in question since it simply forces the shipowner to hire foreign seamen rather than Greek seamen . | 0 |
12,665 | 116. Thus, in order for a system of prior authorisation to be justified even though it derogates from a fundamental freedom of that kind, it must in any event be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion, so that it is not used arbitrarily. Such a system must furthermore be based on a procedural system which is easily accessible and capable of ensuring that a request for authorisation will be dealt with objectively and impartially within a reasonable time and refusals to grant authorisation must also be capable of being challenged in judicial or quasi-judicial proceedings ( Smits and Peerbooms , paragraph 90, and Müller-Fauré and van Riet , paragraph 85). | 85. Thus, in order for a prior administrative authorisation scheme to be justified even though it derogates from a fundamental freedom of that kind, it must be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities' discretion, so that it is not used arbitrarily (Analir and Others , paragraph 38). Such a prior administrative authorisation scheme must likewise be based on a procedural system which is easily accessible and capable of ensuring that a request for authorisation will be dealt with objectively and impartially within a reasonable time and refusals to grant authorisation must also be capable of being challenged in judicial or quasi-judicial proceedings (Smits and Peerbooms , paragraph 90). | 1 |
12,666 | 50. Moreover, where the Commission has adduced sufficient evidence to prove the relevant facts which occurred in the territory of the defendant Member State, it is for the latter to challenge in substance and in detail the information produced and the consequences flowing therefrom (see, to that effect, Case 272/86 Commission v Greece [1988] ECR 4875, paragraph 21, and Case C-365/97 Commission v Italy [1999] ECR I‑7773, paragraphs 84 and 86). | 71 As a preliminary point, it must be stated that, had there been a change in the method used to assess future production and consumption, Regulations Nos 1360/98 and 1361/98 would not have contained an adequate statement of reasons clearly and unequivocally informing the Italian authorities and economic operators of the justification for classifying Italy as a non-deficit Member State and enabling the Community judicature to exercise its powers of review. | 0 |
12,667 | 34. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, for example, Lucchini , paragraph 44, and Case C‑290/12 Della Rocca [2013] ECR I-0000, paragraph 29). | 39. Consequently, it must be concluded that the concept of ‘services’ within the meaning of the directive includes services provided in connection with retail trade in goods. | 0 |
12,668 | 39. The Court has consistently held that indirect discrimination arises where a national measure, albeit formulated in neutral terms, works to the disadvantage of far more women than men (see, in particular, Case C‑1/95 Gerster [1997] ECR I-5253, paragraph 30, and Case C‑123/10 Brachner [2011] ECR I-0000, paragraph 56). | 19. It follows, in the Commission’s view, that the Council does not have the power to adopt a decision on the basis of the third subparagraph of Article 88(2) EC where an aid has been declared incompatible with the common market by a Commission decision. Nor, to that extent, did the Council have the power to override the effects of such a decision, by authorising the grant of aids designed to compensate the beneficiaries of the aid declared incompatible for the repayment which that decision obliged them to make. | 0 |
12,669 | 26. En vertu de ladite disposition, la récupération d’une telle aide doit, ainsi qu’il ressort également du considérant 13 dudit règlement, s’effectuer sans délai et conformément aux procédures prévues par le droit national de l’État membre concerné, pour autant que ces dernières permettent l’exécution immédiate et effective de la décision de la Commission (arrêt du 1 er mars 2012, Commission/Grèce, C‑354/10, point 59). | 31. The Court has already held that to allow the Member States to levy another indirect tax on products which must be exempted from harmonised excise duty under Article 8(1)(b) of Directive 92/81 would render that provision entirely ineffective ( Braathens , paragraph 24). | 0 |
12,670 | 25. Nevertheless, the Court has also stated that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia v Novello [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Bosman , paragraph 61, and Arduino , paragraph 25). | 54 IT MUST, HOWEVER, BE CONSIDERED WHETHER THOSE PROVISIONS GIVE RISE TO IMMEDIATE ANTI-COMPETITIVE EFFECTS AND WHETHER THE COMMISSION ALSO TOOK SUFFICIENT ACCOUNT OF THEIR POTENTIAL EFFECTS . | 0 |
12,671 | 15 The Court has consistently held that provisions of Community law may apply to professional activities pursued outside Community territory as long as the employment relationship retains a sufficiently close link with the Community (see, in particular, Case 237/83 Prodest v Caisse Primaire d' Assurance Maladie de Paris [1984] ECR 3153, paragraph 6, Case 9/88 Lopes da Veiga v Staatssecretaris van Justitie [1989] ECR 2989, paragraph 15, and Case C-60/93 Aldewereld v Staatssecretaris van Financiën [1994] ECR I-2991, paragraph 14). That principle must be deemed to extend also to cases in which there is a sufficiently close link between the employment relationship, on the one hand, and the law of a Member State and thus the relevant rules of Community law, on the other. | 19 That view cannot be upheld. Rules applicable to a particular branch of insurance cannot be regarded as reinforcing the effects of a pre-existing agreement, decision or concerted practice unless they simply reproduce the elements of an agreement, decision or concerted practice between economic agents in that sector. | 0 |
12,672 | 32. Such legislation introduces an additional cost for stopovers made by aircraft or boats operated by persons having their tax domicile outside the territory of the region and established in other Member States, and thus creates an advantage for some categories of undertaking established in that territory (see Case C-353/89 Commission v Netherlands [1991] ECR I‑4069, paragraph 25; Case C-250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I‑11135, paragraph 37; and Case C-212/06 Government of the French Community and Walloon Government [2008] ECR I‑1683, paragraph 50). | 66. It follows from Articles 119(2) TFEU and 127(1) TFEU, read in conjunction with Article 5(4) TEU, that a bond-buying programme forming part of monetary policy may be validly adopted and implemented only in so far as the measures that it entails are proportionate to the objectives of that policy. | 0 |
12,673 | 34. With regard to ‘valid commercial reasons’ within the meaning of that Article 11(1)(a), the Court has already had occasion to state that it is clear from the wording and aims of Article 11, as it is from those of Directive 90/434 in general, that the concept involves more than the attainment of a purely fiscal advantage. A merger by way of exchange of shares having only such an aim cannot therefore constitute a valid commercial reason within the meaning of that provision ( Leur-Bloem , paragraph 47). | 32. In order to reply to this question, it must be recalled, first of all, that by harmonising the rules applicable to collective redundancies, the EU legislature intended both to ensure comparable protection for workers’ rights in the different Member States and to harmonise the costs which such protective rules entail for European Union undertakings (see, inter alia, judgments in Commission v Portugal , C‑55/02, EU:C:2004:605, paragraph 48, and Commission v Italy , C‑596/12, EU:C:2014:77, paragraph 16). | 0 |
12,674 | 32. In this respect, it must be recalled that, according to settled case-law, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59; Case C‑466/04 Acereda Herrera [2006] ECR I‑5341, paragraph 47; and Case C‑380/05 Centro Europa 7 [2008] ECR I-349, paragraph 52). | 35
Moreover, there is no provision in the FEU Treaty which provides that Part Six thereof, relating to the institutional and financial arrangements, would not be applicable to the restrictive measures. Relying on Article 291(2) TFEU, which provides that ‘where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council’ was thus not precluded, provided that the conditions in that provision were met. | 0 |
12,675 | 23. However, that requirement cannot be carried so far as to mean that in every case the statement of complaints in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings has not been extended or altered (judgment of 22 January 2009 in Case C-150/07 Commission v Portugal , not yet published in the ECR, paragraph 21 and the case-law cited). | 17 According to the case-law of the Court of Justice, the risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion within the meaning of Article 5(1)(b) of the Directive (see, to that effect, SABEL, paragraphs 16 to 18, and Case C-39/97 Canon [1998] ECR I-5507, paragraph 29). It follows from the very wording of Article 5(1)(b) that the concept of likelihood of association is not an alternative to that of likelihood of confusion, but serves to define its scope (see, to that effect, SABEL, paragraphs 18 and 19). | 0 |
12,676 | 15 According to established case-law, it is solely for the national courts before which proceedings are pending, and which must assume responsibility for the judgment to be given, to determine in the light of the particular circumstances of each case both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they submit to the Court (see, inter alia, Case C-127/92 Enderby [1993] ECR I-5535, paragraph 10; Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others [1994] ECR I-711, paragraph 17; and Case C-146/93 McLachlan [1994] ECR I-3229, paragraph 20). A request for a preliminary ruling from a national court may be rejected only if it is manifest that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the true facts or the subject-matter of the main proceedings (Case C-62/93 BP Supergas [1995] ECR I-1883, paragraph 10, and Case C-143/94 Furlanis [1995] ECR I-3633, paragraph 12). | 38 According to the order for reference, the Cassa di Risparmio accepts only the Certificate as evidence of the requisite linguistic knowledge and the Certificate can be obtained only in one province of the Member State concerned. | 0 |
12,677 | 84. As regards examination of the validity of that directive in the light of the UN Convention, it follows from the case-law cited in paragraph 71 of the present judgment that the validity of an act of the European Union may be affected by the fact that it is incompatible with rules of international law. Where such invalidity is pleaded before a national court, the Court of Justice verifies whether certain conditions are satisfied in the case before it, in order to determine whether, pursuant to Article 267 TFEU, the validity of the act of European Union law concerned, in light of the rules of international law relied on, may be ascertained (see Case C‑308/06 Intertanko and Others [2008] ECR I‑4057, paragraph 43, and Air Transport Association of America and Others , paragraph 51). | 83. De plus, en l’espèce, l’allégation selon laquelle le Tribunal aurait méconnu le principe d’égalité de traitement compte tenu de l’inexistence d’un tel seuil plancher est trop générale et imprécise pour pouvoir faire l’objet d’une appréciation juridique (voir, en ce sens, arrêts du 8 juillet 1999, Hercules Chemicals/Commission, C‑51/92 P, Rec. p. I‑4235, point 113, et ordonnance du 12 décembre 2006, Autosalone Ispra/Commission, C‑129/06 P, non publiée au Recueil, point 31). | 0 |
12,678 | 66. That said, the Court’s interpretation of Regulation No 1408/71 in response to the first question submitted for a preliminary ruling must be understood without prejudice to the solution which flows from the potential applicability of provisions of primary law (see, by way of analogy, Acereda Herrera , cited above, paragraph 38). The finding that a national measure may be consistent with a provision of a secondary law measure, in this case Regulation No 1408/71, does not necessarily have the effect of removing that measure from the scope of the Treaty’s provisions (see, to that effect, Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 25, and Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 47). It follows that the applicability, as the case may be, of Articles 19 or 22 of Regulation No 1408/71 to a situation such as that at issue in the main proceedings does not of itself prevent the person concerned from claiming, pursuant to primary law, the payment of certain costs relating to care received in a care home situated in another Member State, under rules different to those provided for in those articles (see, by analogy, Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraphs 37 to 53, along with Watts , cited above, paragraph 48). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
12,679 | 43 As is also apparent from the 1997 Communication, it is undeniable that, depending on the circumstances, certain concerns may justify the retention by Member States of a degree of influence within undertakings that were initially public and subsequently privatised, where those undertakings are active in fields involving the provision of services in the public interest or strategic services (see today's judgments in Case C-367/98 Commission v Portugal, not yet published in the European Court Reports, paragraph 47, and Case C-503/99 Commission v Belgium, not yet published in the European Court Reports, paragraph 43). | 20 In the first place, according to their actual wording, the aforesaid Articles 34 and 40 of the ECSC Treaty require the existence of a fault before the Community may be rendered liable, and consequently the illegality of a decision alone is not enough. | 0 |
12,680 | 35 Likewise, where a provision such as Article 50 of TRIPs can apply both to situations falling within the scope of national law and to situations falling within that of Community law, as is the case in the field of trade marks, the Court has jurisdiction to interpret it in order to forestall future differences of interpretation (see Hermès, paragraphs 32 and 33). | 30. La Cour n’a pas à examiner le chef des conclusions visant à condamner la République italienne pour ne pas avoir informé la Commission des mesures prises pour exécuter la décision, étant donné que cet État membre n’a précisément pas procédé à cette exécution dans les délais prescrits (voir arrêts précités du 4 avril 1995, Commission/Italie, point 31, et du 1 er juin 2006, Commission/Italie, point 53). | 0 |
12,681 | 12 As regards Article 7 of the Treaty, it must first be borne in mind (see the judgment in Case 305/87 Commission v Greece [1989] ECR 1461, paragraph 13) that it applies independently only to situations governed by Community law in regard to which the Treaty lays down no specific prohibition of discrimination. It is also common ground (see the judgment in Case 63/86 Commission v Italy [1988] ECR 29, paragraph 12) that Article 52 is essentially intended to give effect, in the field of activities as self-employed persons, to the principle of equal treatment enshrined in Article 7. Accordingly, the latter provision does not apply in the present case. | 37. À cet égard, il est de jurisprudence constante que, dans le cadre d’une procédure en manquement au titre de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué et d’apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans que la Commission puisse se fonder sur une présomption quelconque (arrêt Commission/Royaume‑Uni, C‑530/11, EU:C:2014:67, point 60 ainsi que jurisprudence citée). | 0 |
12,682 | 29. Finally, it must be held that such a tax cannot be ‘characterised as [a] turnover tax …’ within the meaning of that provision where it applies only to a defined category of products, namely alcoholic beverages (see, inter alia, Case 252/86 Bergandi [1988] ECR 1343, paragraphs 15 and 16; EKW and Wein & Co ., paragraphs 22 and 23, and Case C-308/01 GIL Insurance and Others [2004] ECR I‑0000, paragraphs 33 and 35). | 45. Compte tenu de l’ensemble des considérations qui précèdent, il y a lieu de répondre à la première question:
– Lorsque, en application de l’article 108, paragraphe 3, TFUE, la Commission a ouvert la procédure formelle d’examen prévue au paragraphe 2 dudit article à l’égard d’une mesure non notifiée en cours d’exécution, une juridiction nationale, saisie d’une demande tendant à la cessation de l’exécution de cette mesure et à la récupération des sommes déjà versées, est tenue d’adopter toutes les mesures nécessaires en vue de tirer les conséquences d’une éventuelle violation de l’obligation de suspension de l’exécution de ladite mesure.
– À cette fin, la juridiction nationale peut décider de suspendre l’exécution de la mesure en cause et d’enjoindre la récupération des montants déjà versés. Elle peut aussi décider d’ordonner des mesures provisoires afin de sauvegarder, d’une part, les intérêts des parties concernées et, d’autre part, l’effet utile de la décision de la Commission d’ouvrir la procédure formelle d’examen.
– Lorsque la juridiction nationale éprouve des doutes sur le point de savoir si la mesure en cause constitue une aide d’État au sens de l’article 107, paragraphe 1, TFUE ou quant à la validité ou à l’interprétation de la décision d’ouvrir la procédure formelle d’examen, elle peut, d’une part, demander à la Commission des éclaircissements et, d’autre part, elle peut ou doit, conformément à l’article 267, deuxième et troisième alinéas, TFUE, poser une question préjudicielle à la Cour.
Sur les deuxième et troisième questions | 0 |
12,683 | 32. To give companies the right to elect to have their losses taken into account in the Member State in which they are established or in another Member State would seriously undermine a balanced allocation of the power to impose taxes between the Member States, since the tax base would be increased in the first State, and reduced in the second, by the amount of the losses surrendered (see Marks & Spencer , paragraph 46, and Oy AA , paragraph 55). | 23
Conversely, it is clear from the Court’s case-law that the premature failure of certain parts of an aircraft does not constitute extraordinary circumstances, since such a breakdown remains intrinsically linked to the operating system of the aircraft. That unexpected event is not outside the actual control of the air carrier, since it is required to ensure the maintenance and proper functioning of the aircraft it operates for the purposes of its business (see, to that effect, judgment of 17 September 2015, van der Lans, C‑257/14, EU:C:2015:618, paragraphs 41 and 43). | 0 |
12,684 | 27. The Court has thus concluded that a rule of national law, pursuant to which courts that are not adjudicating at final instance are bound by legal rulings of a higher court, cannot take away from those courts the discretion to refer to the Court questions of interpretation of the point of European Union law concerned by such legal rulings. The Court has held that a court which is not ruling at final instance must be free, if it considers that a higher court’s legal ruling could lead it to give a judgment contrary to European Union law, to refer to the Court questions which concern it (see, to that effect, Rheinmühlen-Düsseldorf , paragraphs 4 and 5; Cartesio , paragraph 94; Case C‑378/08 ERG and Others [2010] ECR I‑0000, paragraph 32; and Melki and Abdeli , paragraph 42). | 17. For the purposes of the investigation of the second complaint the Commission addressed a letter to Ireland on 8 May 2001, mentioning the report referred to above. | 0 |
12,685 | 27. In that regard, it should be recalled that, in proceedings under Article 234 EC, which are based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. Similarly, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the forthcoming judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (Case C‑145/03 Keller [2005] ECR I‑2529, paragraph 33, and Case C‑119/05 Lucchini [2007] ECR I‑6199, paragraph 43). | 21 In view of the foregoing considerations, it appears that the agreement in question has as its object and effect the restriction to an appreciable extent of competition within the common market and may affect trade between Member States. | 0 |
12,686 | 41 It must be recalled that aims of a purely economic nature cannot justify a barrier to the fundamental principle of freedom to provide services (see, to that effect, Case C-398/95 SETTG v Ypourgos Ergasias [1997] ECR I-3091, paragraph 23). However, it cannot be excluded that the risk of seriously undermining the financial balance of the social security system may constitute an overriding reason in the general interest capable of justifying a barrier of that kind. | 40. That conclusion is not altered by the fact that, in its judgment in Case C‑194/06 Orange European Smallcap Fund [2008] ECR I‑3747, concerning the Netherlands tax scheme applicable to UCITS, the Court took account of the tax regime applicable to shareholders who are natural persons for the purpose of determining whether a tax scheme such as that at issue in that case was compatible with free movement of capital. In fact, that tax scheme, unlike that at issue in the main proceedings, made the tax exemption enjoyed by UCITS conditional on the requirement that all the profits of those undertakings be distributed to their shareholders, in order to make the tax burden on investment proceeds through fiscal investment enterprises the same as that on direct investments by private investors ( Orange European Smallcap Fund , paragraphs 8, 33 and 60). In that case, the national legislature therefore made the tax situation of the shareholder a distinguishing criterion for determining the tax treatment applicable. | 0 |
12,687 | 61 The fact that there is no information at all about those three regions in the documents before the Court may be regarded as sufficient evidence of failure to comply with Article 6 of the directive. As regards the other regions and autonomous provinces, it was incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and to place before the Court the information needed to enable it to determine whether the obligation has not been fulfilled (see, in particular, Case C-263/99 Commission v Italy [2001] ECR I-4195, paragraph 27). | 25 IT IS TRUE THAT FOLLOWING THAT WARNING THE APPLICANT ' S OWN DOCTOR WROTE ON 14 DECEMBER 1980 TO THE HEAD OF THE MEDICAL BRANCH AT THE ISPRA CENTRE A LETTER INFORMING HIM THAT UPON HIS ADVICE MR GEIST WOULD NOT BE GOING TO ISPRA BECAUSE HE WAS NOT FIT TO WORK THERE . THAT LETTER WAS THUS CONFINED TO GIVING AN OPINION OF WHICH DR DE GEYTER WAS ALREADY AWARE ; IT CONTAINED NO PRECISE MEDICAL DIAGNOSIS AND DID NOT MENTION ANY NEW FACTOR AFFECTING THE APPLICANT ' S HEALTH SUBSEQUENT TO THE MEDICAL EXAMINATION OF THE PREVIOUS 15 NOVEMBER . THE HEAD OF THE ADMINISTRATION AND PERSONNEL DIVISION AT ISPRA THEREFORE RIGHTLY TOOK THE VIEW THAT THE LETTER COULD NOT JUSTIFY MR GEIST ' S ABSENCE NOR COULD IT NECESSITATE A FRESH MEDICAL EXAMINATION OR A REFERENCE TO THE INVALIDITY COMMITTEE . ALTHOUGH THE APPLICANT RELIES ON THE PRODUCTION OF VARIOUS ADDITIONAL MEDICAL CERTIFICATES DATING FROM OCTOBER 1981 , THEY ARE SUBSEQUENT TO THE CONTESTED DECISION AND IN ANY EVENT DO NOT AFFECT ITS VALIDITY .
| 0 |
12,688 | 38. The Court has held that the purpose of coordinating at Community level the procedures for awarding public contracts is to eliminate barriers to the freedom to provide services and goods and therefore to protect the interests of traders established in a Member State who wish to offer goods or services to contracting authorities established in another Member State ( University of Cambridge , paragraph 16, and Commission v France , paragraph 41). | 18 Moreover, it is apparent from Rule 2(a) of the General Rules for the interpretation of the CN that, for the purposes of customs classification, an incomplete or unfinished article is to be treated in the same way as a complete or finished article, provided that it has the essential character of the complete or finished article. That rule of interpretation is itself clarified by the Customs Cooperation Council's explanatory notes, according to which the heading relating to the finished product covers blanks, that is to say, articles which, although not ready for direct use, have the approximate shape or outline of the finished article and can only be used for completion into the finished article. | 0 |
12,689 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 97. Second, with regard to air transport, passengers whose flights are cancelled or subject to a long delay are in an objectively different situation from that experienced by passengers on other means of transport in the event of incidents of the same nature. Because, in particular, of the location of airports, which are generally outside urban centres, and of the particular procedures for checking-in and reclaiming baggage, the inconvenience suffered by passengers when such incidents occur is not comparable. | 0 |
12,690 | 35 The first point to be borne in mind here is the need to ensure legal certainty, which means that rules must enable those concerned to know precisely the extent of the obligations which they impose on them (see, to that effect, Case 348/85 Denmark v Commission [1987] ECR 5225, paragraph 19). The Commission thus cannot choose, at the time of the clearance of EAGGF accounts, an interpretation which departs from and is not dictated by the normal meaning of the words used (see, to that effect, Case 349/85 Denmark v Commission [1988] ECR 169, paragraphs 15 and 16). | 42. Where there has been no prior publication of a contract notice, such a limitation period of six months is likely not to enable a person harmed to gather the necessary information with a view to a possible action, thus preventing that action from being brought. | 0 |
12,691 | 32. Cette appréciation s’effectue, lorsqu’un créancier public octroie des facilités de paiement pour une dette qui lui est due par une entreprise, par application, en principe, du critère du créancier privé. En effet, ce critère, lorsqu’il est applicable, figure parmi les éléments que la Commission est tenue de prendre en compte pour établir l’existence d’une telle aide (arrêts du 29 avril 1999, Espagne/Commission, C‑342/96, Rec. p. I‑2459, point 46; du 29 juin 1999, DM Transport, C‑256/97, Rec. p. I‑3913, point 24; Commission/EDF, précité, points 78 et 103, ainsi que Frucona Košice/Commission, précité, point 71). | 24 It should be noted in that connection that the ONSS did not, in granting the payment facilities in question, act as a public investor whose conduct must, in accordance with settled case-law (see, in particular, Case C-42/93 Spain v Commission [1994] ECR I-4175, paragraph 14), be compared to the conduct of a private investor pursuing a structural policy - whether general or sectoral - guided by the longer term prospects of profitability of the capital invested. Indeed, as the Advocate General has pointed out in points 34 to 36 of his Opinion, the ONSS must be held to have acted, vis-à-vis DMT, as a public creditor which, like a private creditor, is seeking to obtain payment of sums owed to it by a debtor in financial difficulties (see, to that effect, the judgment in Spain v Commission, cited above, paragraph 46). | 1 |
12,692 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 27 IN THIS CONNECTION IT MUST BE OBSERVED THAT THE IMPORTANT POINT IS NOT THE DOCUMENTS AS SUCH BUT THE CONCLUSIONS WHICH THE COMMISSION HAS DRAWN FROM THEM . SINCE THESE DOCUMENTS WERE NOT MENTIONED IN THE STATEMENT OF OBJECTIONS AEG WAS ENTITLED TO TAKE THE VIEW THAT THEY WERE OF NO IMPORTANCE FOR THE PURPOSES OF THE CASE . BY NOT INFORMING THE APPLICANT THAT THESE DOCUMENTS WOULD BE USED IN THE DECISION , THE COMMISSION PREVENTED AEG FROM PUTTING FORWARD AT THE APPROPRIATE TIME ITS VIEW OF THE PROBATIVE VALUE OF SUCH DOCUMENTS . IT FOLLOWS THAT THESE DOCUMENTS CANNOT BE REGARDED AS ADMISSIBLE EVIDENCE FOR THE PURPOSES OF THIS CASE .
| 1 |
12,693 | 62 To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would mean allowing that party to bring before the Court, whose jurisdiction in appeals is limited, a wider case than that heard by the Court of First Instance. In an appeal the Court's jurisdiction is thus confined to examining the assessment by the Court of First Instance of the pleas argued before it (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi [1994] ECR I-1981, paragraph 59). | 25. Having regard to the latter aspects, that article cannot be given an interpretation which would lead to marks with a reputation having less protection where a sign is used for identical or similar goods or services than where a sign is used for non-similar goods or services. | 0 |
12,694 | 35. Since a Member State has sovereignty over the continental shelf adjacent to it — albeit functional and limited sovereignty (see, to that effect, Case C‑111/05 Aktiebolaget NN [2007] ECR I‑2697, paragraph 59) — work carried out on fixed or floating installations positioned on the continental shelf, in the context of the prospecting and/or exploitation of natural resources, is to be regarded as work carried out in the territory of that State for the purposes of applying EU law (see, to that effect, Case C‑37/00 Weber [2002] ECR I‑2013, paragraph 36, and Case C‑6/04 Commission v United Kingdom [2005] ECR I‑9017, paragraph 117). | 120. As the Advocate General observed in point 102 of his Opinion, a provision of that kind would be meaningless if the Member States were able in any event to retain their own systems of designations of origin and geographical indications within the meaning of Regulations No 2081/92 and No 510/2006 and have them coexist with those regulations. | 0 |
12,695 | 92. In that connection, it must be stated that the Court of First Instance was right to hold, in paragraphs 55 and 56 of the contested judgment, that respect for the rights of the defence in any proceedings liable to lead to penalties constitutes a fundamental principle upheld by the first paragraph of Article 36 of the ECSC Treaty. It correctly pointed out that proper observance of that principle requires that the undertaking concerned should have been given an opportunity, as early as the administrative procedure, duly to put forward its views as to the reality and relevance of the alleged facts and circumstances and on the documents relied on by the Commission in support of its allegations. The Court of First Instance made it clear, in paragraph 57 of the contested judgment, that in principle it is incumbent on the natural or legal person managing the undertaking concerned when the infringement was committed to answer for it even if, on the date of the adoption of the decision finding the infringement, the running of the undertaking has become the responsibility of another person. It must be added, in the same sense, that in view of its importance, the statement objections must unequivocally identify the legal persons upon whom a fine is likely to be imposed and be addressed to the latter (see, in particular, Case C‑176/99 P ARBED v Commission [2003] ECR I‑10687, paragraph 21). | 26 Finally, Section 5 of Chapter 1 of Title III of Regulation No 1408/71 is concerned with the rights of pensioners and members of their families. However, the pertinent provisions of that section cover either situations where the pensioner draws pensions under the legislation of two or more Member States or situations where he draws a pension under the legislation of a single Member State but is not entitled to benefits in his country of residence (Articles 27, 28 and 28a). As for Article 33, it is applicable only by reference to those provisions. | 0 |
12,696 | 39. That interpretation is also dictated in the light of the purpose of Decision No 1/80 taken a whole, regarding which it has repeatedly been held that it seeks to improve the situation of Turkish migrants in the host State by promoting the gradual integration in that State of Turkish nationals who satisfy the conditions laid down in one of the provisions of that decision and therefore enjoy the rights conferred on them by the decision (see, inter alia, Case C‑329/97 Ergat [2000] ECR I-1487, paragraphs 43 and 44; Derin , paragraph 53; and Altun , paragraphs 28 and 29). | 77 It follows that it would have been possible to take into account refunds disbursed up to the level of the rate for slaughter cattle only if the customs declarations relating to the export of pure-bred breeding animals of the bovine species had been rectified post-clearance, on presentation of the documents required by the Community rules for the export of animals for slaughter (veterinary certificates, transport documents and Polish customs documents, etc.). | 0 |
12,697 | 23
In addition, the Court has repeatedly held that it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the judicial decision to be made, to determine, in the light of the particular circumstances of the case, both the necessity and the relevance of the questions that it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (judgments of 26 January 2017, Banco Primus, C‑421/14, EU:C:2017:60, paragraph 29, and of 20 September 2017, Andriciuc and Others, C‑186/16, EU:C:2017:703, paragraph 19). | 17. Thus, the purpose of a vessel’s voyage within European Union waters is irrelevant for the application of the exemption of mineral oils from excise duties when that navigation involves the provision of services for consideration. | 0 |
12,698 | 51. As is apparent from paragraph 51 of the judgment in Marks & Spencer , the need to safeguard the balanced allocation of the power to impose taxes between the Member States was accepted by the Court in conjunction with two other grounds of justification, based on the risks of the double use of losses and of tax avoidance (see also Case C‑347/04 Rewe Zentralfinanz [2007] ECR I-0000, paragraph 41). | 41. As the Advocate General stated at point 32 of his Opinion, it is necessary to define the scope to be accorded to the legitimate requirement of the balanced allocation of the power to impose taxes between the Member States. In particular, it must be noted that such a justification was accepted by the Court in the judgment in Marks & Spencer only in conjunction with two other grounds, based on the taking into account of tax losses twice and on tax avoidance (see, to that effect, Marks & Spencer , paragraphs 43 and 51). | 1 |
12,699 | 34. Moreover, as the Court has repeatedly held, Community legislation must be certain and its application foreseeable by those subject to it (Case C-301/97 Netherlands v Council [2001] ECR I-8853, paragraph 43). That requirement of legal certainty must be observed all the more strictly in the case of rules liable to entail financial consequences, in order that those concerned may know precisely the extent of the obligations which they impose on them (see Case 326/85 Netherlands v Commission [1987] ECR 5091, paragraph 24). | 43. However, the activities in question in the main proceedings, as carried out by FHT, namely the dispatch of a kit for collecting umbilical cord blood and the testing and processing of that blood and, where appropriate, the storage of stem cells contained in it, whether taken together or separately, do not appear to have as their direct purpose any actual diagnosis, treatment or cure of diseases or health disorders, or any actual protection, maintenance or restoration of health. | 0 |
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