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12,700 | 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). | 22. Il s’ensuit que, dès lors qu’un litige présentant un élément d’extranéité entre dans le champ d’application matériel du règlement, ce qui n’est pas contesté en l’espèce, et que le défendeur a son domicile sur le territoire d’un État membre, ce qui est le cas dans le litige au principal, les règles de compétence prévues par le règlement doivent, en principe, recevoir application et prévaloir sur les règles nationales de compétence. | 0 |
12,701 | 72. In that regard, it must be observed that, in addition to the fact that Article 34(2) EU leaves to national authorities the choice of form and methods necessary to achieve the desired result of Framework Decisions, Article 10(1) of the Framework Decision does no more than require Member States to seek to promote mediation in criminal cases for offences which they ‘consider … appropriate’, and consequently the choice of the offences for which mediation is to be available is for the Member States to determine (see Case C‑205/09 Eredics and Sápi [2010] ECR I‑0000, paragraph 37). | 37. In that regard, it must be observed that, in addition to the fact that Article 34 EU leaves to national authorities the choice of form and methods necessary to achieve the desired result of Framework Decisions, Article 10 of the Framework Decision does no more than require Member States to seek to promote mediation in criminal cases for offences which they ‘consider[s] appropriate’, and consequently the choice of the offences for which mediation is to be available is for the Member States to determine. | 1 |
12,702 | 24 In that respect, the authorities of a Member State to which an application has been made by a Community national for authorisation to practise a profession, access to which depends, under national legislation, on the possession of a diploma or professional qualification or on periods of practical experience, are required to take into consideration all of the diplomas, certificates and other evidence of formal qualifications of the person concerned and his relevant experience, by comparing the specialised knowledge and abilities so certified and that experience with the knowledge and qualifications required by the national legislation (see, inter alia, Vlassopoulou, paragraphs 16, 19 and 20, Case C-319/92 Haim [1994] ECR I-425, paragraphs 27 and 28, and Case C-238/98 Hocsman [2000] ECR I-6623, paragraph 23). | 75
It must be borne in mind, however, that if the grounds of a decision of the General Court reveal an infringement of EU law, but the operative part of the judgment under appeal can be seen to be well founded on other legal grounds, that infringement is not capable of leading to the annulment of that decision and a substitution of grounds must be made (see, to that effect, judgments of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 150, and of 5 March 2015, Commission and Others v Versalis and Others, C‑93/13 P and C‑123/13 P, EU:C:2015:150, paragraph 102 and the case-law cited). | 0 |
12,703 | 67
However, it is only in circumstances where the action for annulment would unquestionably have been admissible that the Court has held that a person may not plead the invalidity of an act of the European Union before a national court (see, to that effect, judgments of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 17 to 25; of 30 January 1997, Wiljo, C‑178/95, EU:C:1997:46, paragraphs 15 to 25; of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 29 to 40; and of 22 October 2002, National Farmers’ Union, C‑241/01, EU:C:2002:604, paragraphs 34 to 39). In numerous other cases, the Court has held that it was not established that the action would unquestionably have been admissible (see, inter alia, to that effect, judgments of 23 February 2006, Atzeni and Others, C‑346/03 and C‑529/03, EU:C:2006:130, paragraphs 30 to 34; of 8 March 2007, Roquette Frères, C‑441/05, EU:C:2007:150, paragraphs 35 to 48; of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 37 to 52; of 18 September 2014, Valimar, C‑374/12, EU:C:2014:2231, paragraphs 24 to 38; and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraphs 27 to 32). | 41 With regard to judicial review of compliance with the abovementioned conditions, in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 to 43 of the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (paragraph 14 of the same judgment). | 0 |
12,704 | 87 After the period for bringing an action for annulment against a Commission decision ordering a Member State to recover unlawful aid has expired, the argument that it is absolutely impossible to carry out such an order is the only defence which the Member State concerned may still advance in proceedings brought by the Commission on the basis of the second paragraph of Article 88(2) EC (Case 52/84 Commission v Belgium [1986] ECR 89, paragraphs 13 and 14; Case 94/87 Commission v Germany [1989] ECR 175, paragraph 8; Commission v Greece, cited above, paragraph 10, and Case C-280/95 Commission v Italy [1998] ECR I-259, paragraph 13). | 72 Moreover, the fact that the Agreement is intended essentially to promote the economic development of Turkey and therefore involves an imbalance in the obligations assumed by the Community towards the non-member country concerned is not such as to prevent recognition by the Community of the direct effect of certain of its provisions (see, by analogy, Case 87/75 Bresciani v Amministrazione delle Finanze [1976] ECR 129, paragraph 23; Kziber, cited above, paragraph 21; and Case C-469/93 Amministrazione delle Finanze dello Stato v Chiquita Italia [1995] ECR I-4533, paragraph 34). | 0 |
12,705 | 18. The Court notes as a preliminary point that both the child-raising allowance provided for by the BErzGG (Joined Cases C‑245/94 and C‑312/94 Hoever and Zachow [1996] ECR I-4895, paragraphs 18 to 27) and the child-raising allowance under the 1988 Law, which bears similarities to the German child-raising allowance, fulfil the conditions for being considered as ‘family benefits’ within the meaning of Article 4(1)(h) of Regulation No 1408/71. | 88. Secondly, in relation to the collective action seeking to ensure the implementation of the policy in question pursued by ITF, it must be emphasised that, to the extent that that policy results in shipowners being prevented from registering their vessels in a State other than that of which the beneficial owners of those vessels are nationals, the restrictions on freedom of establishment resulting from such action cannot be objectively justified. Nevertheless, as the national court points out, the objective of that policy is also to protect and improve seafarers’ terms and conditions of employment. | 0 |
12,706 | 41. Under Article 3(1) of Directive 64/221, measures taken on grounds of public policy or of public security are to be based exclusively on the conduct of the person concerned. Article 3(2) specifies that previous criminal convictions are not in themselves to constitute grounds for the taking of such measures. A previous criminal conviction can therefore be taken into account only in so far as the circumstances which gave rise to that conviction are evidence of personal conduct constituting a present threat to the requirements of public policy (see inter alia Case 30/77 Bouchereau [1977] ECR 1999, paragraph 28; Case C-348/96 Calfa [1999] ECR I-11, paragraph 24; Commission v Spain , cited above, paragraph 44, and Case C-441/02 Commission v Germany [2006] ECR I-3449, paragraph 33). | 33. The Community legislature has nevertheless made reliance by the Member States on such grounds subject to strict limits. Article 3(1) of Directive 64/221 states that measures taken on grounds of public policy or public security are to be based exclusively on the personal conduct of the individual concerned and Article 3(2) states that previous criminal convictions do not in themselves constitute grounds for the taking of such measures. The existence of a previous criminal conviction can therefore only be taken into account in so far as the circumstances which gave rise to that conviction are evidence of personal conduct constituting a present threat to the requirements of public policy (Case 30/77 Bouchereau [1977] ECR 1999, paragraph 28; Case C-348/96 Calfa [1999] ECR I-11, paragraph 24; and Case C-503/03 Commission v Spain , paragraph 44). | 1 |
12,707 | 37. It is settled case-law that 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. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia , Case C-415/93 Bosman [1995] ECR I-4921, paragraphs 59 to 61, Case C-36/99 Idéal tourisme [2000] ECR I-6049, paragraph 20, and Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraphs 38 and 39). | 101. Il appartient dès lors au Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE, de se prononcer sur de telles demandes d’indemnité, en statuant dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée et en appliquant les critères définis aux points 96 à 100 du présent arrêt. | 0 |
12,708 | 29. As regards the Hellenic Republic’s argument concerning the difficulties it had been facing in connection with the closure and cleaning up of all the illegal landfills at issue, it should be recalled that, according to settled case-law, a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under EU law (see judgment in Commission v Italy , C‑496/09, EU:C:2011:740, paragraph 87 and case-law cited; see also, to that effect, judgment in Commission v Spain , C‑278/01, EU:C:2003:635, paragraph 31). In the light of that case-law, the Hellenic Republic’s argument cannot succeed. | 28. That interpretation is borne out by the objectives pursued by Regulation No 1254/1999. In fact, as recital 13 in the preamble thereto shows, one of the aims of that regulation is to halt the trend towards intensification of beef and veal production, whereby producers carry ever-increasing numbers of bovine animals on their holdings without increasing the area of the latter so that it is insufficient to feed the animals. | 0 |
12,709 | 29. Before Directive 92/85 came into force, the Court had already held that, under the principle of non-discrimination and, particularly, Articles 2(1) and 5(1) of Directive 76/207, protection against dismissal should be granted to women not only during maternity leave, but also throughout the period of the pregnancy. According to the Court, a dismissal occurring during those periods affects only women and therefore constitutes direct discrimination on the grounds of sex (see, to that effect, Case C-179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I-3979, paragraph 15; Case C-394/96 Brown [1998] ECR I-4185, paragraphs 24 to 27; and McKenna , paragraph 47). | 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 |
12,710 | 38. Lastly, according to the Court’s settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and of the notes to the sections or chapters (see, in particular, DFDS , paragraph 27, and Intermodal Transports , paragraph 47). | 42. Ainsi qu’il ressort de l’article 58 du statut de la Cour, les moyens du pourvoi doivent être fondés sur des arguments tirés de la procédure devant le Tribunal. En outre, selon l’article 113, paragraphe 2, du règlement de procédure, le pourvoi ne peut modifier l’objet du litige devant le Tribunal. Ainsi, la compétence de la Cour, dans le cadre du pourvoi, est limitée à l’appréciation de la solution juridique qui a été donnée aux moyens débattus devant les premiers juges. Une partie ne saurait donc modifier l’objet du litige en soulevant pour la première fois devant la Cour un moyen qu’elle aurait pu soulever devant le Tribunal mais qu’elle n’a pas soulevé, dès lors que cela reviendrait à lui permettre de saisir la Cour d’un litige plus étendu que celui dont a eu à connaître le Tribunal. Un tel moyen doit donc être considéré comme irrecevable au stade du pourvoi (voir arrêt du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, non encore publié au Recueil, point 35). | 0 |
12,711 | 32. However, that fact cannot, in any event, have the effect of preventing a national court from giving full effect to the rules of European Union law which, as stated in paragraph 27 of this judgment, are applicable in the main proceedings, and more particularly to Article 27 of Directive 2004/38. Accordingly, it is the duty of the court seised to refuse, if necessary, to apply any provision of national legislation which is in conflict with European Union law, in particular by annulling an individual administrative decision adopted on the basis of such a provision (see, to that effect, inter alia, Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 31 and case-law cited). Further, the provisions of that article, which are unconditional and sufficiently precise, may be relied on by an individual vis-à-vis the Member State of which he is a national (see, by analogy, Case 41/74 van Duyn [1974] ECR 1337, paragraphs 9 to 15). | 19 In determining whether such an activity is engaged in by the CMP as a public authority, it must be noted, first, that this cannot depend on the subject-matter or purpose of the activity (Joined Cases 231/87 and 129/88 Comune di Carpaneto Piacentino, paragraph 13). | 0 |
12,712 | 26. To answer that question, it is necessary to take account of the wording of the provision whose interpretation is sought, as well as the objectives and the scheme of Directive 90/435 (see, to that effect, Joined Cases C‑283/94, C‑291/94 and C‑292/94 Denkavit and Others [1996] ECR I‑5063, paragraphs 24 and 26; Case C‑375/98 Epson Europe [2000] ECR I‑4243, paragraphs 22 and 24; and Case C‑27/07 Banque Fédérative du Crédit Mutel [2008] ECR I‑2067, paragraph 22). | 55 It follows that the differences in development between the original and the new Länder are explained by causes other than the geographical rift caused by the division of Germany and in particular by the different politico-economic systems set up in each part of Germany. | 0 |
12,713 | 32. It follows that, while the length of the preliminary examination procedure can constitute an indication that the Commission may have had doubts regarding the compatibility of the aid in question with the common market, its length cannot of itself lead to the conclusion that the Commission should have initiated the formal investigation procedure (see, to that effect, Case 84/82 Germany v Commission [1984] ECR 1451, paragraphs 14 to 17, and Belgium v Deutsche Post and DHL International , paragraph 81). | 68. That practice also goes further than is necessary for the correct collection of the tax and for the prevention of evasion within the meaning of Article 22(8) of the Sixth Directive, since it may even lead to the loss of the right to deduct if the reassessment of the tax return by the tax authorities is made after the expiry of the limitation period available to the taxable person in which to make the deduction (see, by analogy, Gabalfrisa and Others , paragraphs 53 and 54). | 0 |
12,714 | 82. Thus, the Court has held that if a national law merely encourages or makes it easier for undertakings to engage in autonomous anti-competitive conduct, those undertakings remain subject to Articles 81 EC and 82 EC (Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 73, and CIF , paragraph 56). | 40
In that context, national rules, such as those at issue in the main proceedings, which allow an extradition request to be granted for the purposes of prosecution and judgment in the third State where the offence is alleged to have been committed appear appropriate to achieve the objective pursued. | 0 |
12,715 | 13 It is only where transposition of a directive is pointless for reasons of geography that it is not mandatory (see, to that effect, Case 420/85 Commission v Italy [1987] ECR 2983, paragraph 5). That is not so in the case of Ireland, as may be seen from map 3.7 in Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (OJ 1996 L 228, p. 1). | 5 IN THE PROCEEDINGS BEFORE THE COURT, THE ITALIAN GOVERNMENT STATED, WITHOUT BEING CONTRADICTED BY THE COMMISSION, THAT, IN VIEW OF THE ABSENCE OF A NETWORK OF INLAND WATERWAYS LINKING ITALY AND THE OTHER MEMBER STATES, DIRECTIVE 82/603/EEC DOES NOT REQUIRE ITALY TO IMPLEMENT ANY PROVISIONS EXTENDING THE SYSTEM IN QUESTION TO COMBINED ROAD AND RAIL TRANSPORT BY INLAND WATERWAY . | 1 |
12,716 | 18. Consequently, the first indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted in the light of the origins, objectives and scheme of that regulation (see, to that effect, Case C‑103/05 Reisch Montage [2006] ECR I‑6827, paragraph 29, and Case C‑283/05 ASML [2006] ECR I‑0000, paragraph 22). | 29. However, as the Court pointed out in paragraph 24 of the judgment in Björnekulla Fruktindustrier , in general, the perception of consumers or end users will play a decisive role. It must be held, in line with what the Advocate General stated at points 58 and 59 of his Opinion, that in a case such as that at issue in the main proceedings, which is, subject to verification by the referring court, characterised by the loss of distinctive character of the trade mark concerned from the point of view of the end users, that loss may result in the revocation of that trade mark. The fact that the sellers are aware of the existence of that trade mark and of the origin which it indicates cannot, on its own, preclude such revocation. | 0 |
12,717 | 104. While such an objective is indeed an overriding reason in the general interest capable of justifying the obstacle concerned, according to the case-law of the Court it is a further condition that, among other things, the restriction which that obstacle places on the freedom of movement of workers does not go beyond what is necessary to achieve the objective pursued (see, in particular, Case C-294/00 Gräbner [2002] ECR I-6515, paragraph 39, and the case-law cited therein). | 36. Secondly, such a prohibition would, by means of a broad interpretation of that condition governing whether comparative advertising is permitted, lead to a considerable restriction on the scope of comparative advertising (see, by analogy, De Landtsheer Emmanuel , paragraphs 70 and 71). | 0 |
12,718 | 20. Thus, the Court has held that Directive 89/391 must necessarily be given broad scope, with the result that the exceptions to that scope, provided for in the first subparagraph of Article 2(2), must be interpreted restrictively (see, to that effect, inter alia, judgments in Simap , C‑303/98, EU:C:2000:528, paragraphs 34 and 35, and Commission v Spain , C‑132/04 EU:C:2006:18, paragraph 22). Those exceptions were adopted purely for the purpose of ensuring the proper operation of services essential for the protection of public health, safety and order in cases, the gravity and scale of which are exceptional (judgment in Neidel , C‑337/10, EU:C:2012 :263, paragraph 21 and the case-law cited). | 36. Une telle prise en compte se heurterait, par ailleurs, à la règle selon laquelle l’administration fiscale ne saurait percevoir au titre de la TVA un montant supérieur à celui que l’assujetti a perçu (voir, notamment, arrêts Elida Gibbs, précité, point 24; du 3 juillet 1997, Goldsmiths, C‑330/95, Rec. p. I‑3801, point 15, ainsi que Balkan and Sea Properties et Provadinvest, précité, point 44). | 0 |
12,719 | 88. Account must be taken of the nature of the activities carried out by the members of the profession at issue (see, to that effect, Thijssen , paragraph 9). | 9 Accordingly, the object of the question referred by the court requesting the preliminary ruling is to ascertain whether activities of the kind exercised by an approved commissioner pursuant to the Law of 1975 entail direct and specific participation in the exercise of official authority. To reply to this question, it is necessary to consider the nature of the duties carried out by approved commissioners under that Law, as they have been described by the national court. | 1 |
12,720 | 44 The same applies where the possibility for addressees not to give effect to the Community measure is purely theoretical and their intention to act in conformity with it is not in doubt (see to that effect Case 62/70 Bock v Commission [1971] ECR 897, paragraphs 6 to 8, Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraphs 8 to 10, and Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-0000, paragraph 51). | 57
As the Advocate General has noted, in essence, in point 80 of her Opinion, decisions adopted by the national authorities which fall within the scope of Article 6(3) of Directive 92/43 and do not relate to an activity listed in Annex I to the Aarhus Convention are envisaged in Article 6(1)(b) of that convention and therefore fall within the scope of Article 9(2) thereof in so far as they involve assessment by the competent authorities, before any authorisation of an activity, as to whether that activity, in the circumstances of the case, is likely to have a significant effect on the environment. | 0 |
12,721 | 57. Subject to investigations to be carried out by the referring court, the combination of time-limits laid down by the national legislation at issue in the main proceedings, as referred to in paragraph 55 of the present judgment, is comparable neither with the 20-day time-limit at issue in the case giving rise to the judgment in Banco Español de Crédito , EU:C:2012:349, nor with facts of the case giving rise to the judgment in Aziz , EU:C:2013:164, paragraphs 57 to 59, in both of which cases the consumer’s action against such measures was unsuccessful. | 59. Such considerations must also apply to Article 43 EC which lays down a fundamental freedom. | 0 |
12,722 | 120 It should be observed at the outset that compliance with Articles 52 and 59 of the Treaty is also required in the case of rules which are not public in nature but which are designed to regulate, collectively, self-employment and the provision of services. The abolition, as between Member States, of obstacles to freedom of movement for persons would be compromised if the abolition of State barriers could be neutralised by obstacles resulting from the exercise of their legal autonomy by associations or organisations not governed by public law (Case 36/74 Walrave and Koch [1974] ECR 1405, paragraphs 17, 23 and 24; Case 13/76 Donà [1976] ECR 1333, paragraphs 17 and 18; Case C-415/93 Bosman [1995] ECR I-4921, paragraphs 83 and 84, and Case C-281/98 Angonese [2000] ECR I-4139, paragraph 32). | 84 It has further observed that working conditions in the different Member States are governed sometimes by provisions laid down by law or regulation and sometimes by agreements and other acts concluded or adopted by private persons. Accordingly, if the scope of Article 48 of the Treaty were confined to acts of a public authority there would be a risk of creating inequality in its application (see Walrave, cited above, paragraph 19). That risk is all the more obvious in a case such as that in the main proceedings in this case in that, as has been stressed in paragraph 24 above, the transfer rules have been laid down by different bodies or in different ways in each Member State. | 1 |
12,723 | 66 In that connection, it is sufficient to note that the Court held in Case C-97/96 Daihatsu Deutschland [1997] ECR I-6843, at paragraphs 14 and 15, that the legislative lacuna left by the First Directive was filled by the Fourth Directive. The Fourth Directive coordinated the national provisions concerning the presentation and content of annual accounts and reports, the valuation methods used therein and their publication in respect of companies limited by shares, including inter alia German limited liability companies. | 41. À titre liminaire, il convient de constater que, ainsi que l’ont relevé les gouvernements polonais, portugais et du Royaume-Uni, il est un principe central du système de la TVA que le droit à déduction de la TVA grevant l’acquisition de biens ou de services en amont présuppose que les dépenses effectuées pour acquérir ceux-ci font partie des éléments constitutifs du prix des opérations taxées en aval ouvrant droit à déduction. | 0 |
12,724 | 30. It is clear from the case-law of the Court that those institutions are obliged, under Decisions 93/731 and 94/90 respectively, and in accordance with the principle of proportionality, to examine whether partial access should be granted to the information not covered by the exceptions, in the absence of which a decision refusing access to a document must be annulled as being vitiated by an error of law (in connection with Decision 93/731, see Council v Hautala , paragraphs 21 to 31). | 12 FURTHERMORE , IT MUST BE NOTED THAT WHILST MEASURES OF A PURELY PREPARATORY CHARACTER MAY NOT THEMSELVES BE THE SUBJECT OF AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID , ANY LEGAL DEFECTS THEREIN MAY BE RELIED UPON IN AN ACTION DIRECTED AGAINST THE DEFINITIVE ACT FOR WHICH THEY REPRESENT A PREPARATORY STEP .
| 0 |
12,725 | 29. In that regard, it should be noted that the provisions of Title II of Regulation No 1408/71, which includes Article 14(2), constitute, according to settled case-law, a complete and uniform system of conflict rules the aim of which is to ensure that workers moving within the European Union are subject to the social security scheme of only one Member State, in order to prevent the national legislation of more than one Member State from being applicable and to avoid the attendant complications of such a situation (see, to that effect, in particular, Case 276/81 Kuijpers [1982] ECR 3027, paragraph 10; Case C-202/97 FTS [2000] ECR I-883, paragraph 20 and the case-law cited; as well as Case C-404/98 Plum [2000] ECR I-9379, paragraph 18). | 41. An inheritance consists of the transfer to one or more persons of the estate left by a deceased person or, in other words, a transfer to the deceased’s heirs of the ownership of the various assets, rights, etc., of which that estate is composed. | 0 |
12,726 | 49 According to the case-law of the Court, in order to establish whether a provision of Community law complies with the principle of proportionality, it must be ascertained whether the means which it employs are suitable for the purpose of attaining the desired objective and whether they do not go beyond what is necessary to attain it (see, inter alia, Case C-426/93 Germany v Council [1995] ECR I-3723, paragraph 42). | 35 The term `employed person', which appears in Article 73 of the Regulation, is defined in Article 1(a). However, that definition is displaced by the definition in Point I.C of Annex I to the Regulation when the competent institution for granting family benefits is, in accordance with Chapter 7 of Title III of the Regulation, a German institution. | 0 |
12,727 | 41. In that regard, it should be observed that aims that may be considered ‘legitimate’ within the meaning of Article 6(1) of Directive 2000/78 and, consequently, appropriate for the purposes of justifying derogation from the principle prohibiting discrimination on grounds of age are social policy objectives, such as those related to employment policy, the labour market or vocational training (Case C‑388/07 Age Concern England [2009] ECR I‑0000, paragraph 46). | 111 It follows that the objection concerning the absence of a new hearing of the undertakings concerned must be rejected.
(c) The objection that the Advisory Committee was not re-consulted | 0 |
12,728 | 19. In that connection Regulation No 1408/71 provides, in Title II thereof, rules for determining the ‘legislation applicable’. In certain areas those general rules governing connecting factors are however subject to exceptions (see to that effect Case 58/87 Rebmann [1988] ECR 3467, paragraph 13). It is plain from the scheme of Regulation No 1408/71 that the application of those special rules governing connecting factors none the less presupposes the prior determination of the applicable legislation in accordance with the provisions of Title II of that regulation. | 45. In this area, it is not unreasonable for the Member States to find inspiration in international practice and, particularly, the model conventions drawn up by the Organisation for Economic Cooperation and Development (OECD) ( Gilly , paragraph 31; van Hilten-van der Heijden , paragraph 48). | 0 |
12,729 | 20 The status of a person entitled to a special reference quantity attaches to a producer within the meaning of Articles 3a and 12(c) of Regulation No 857/84. The concept of producer, which is the same as that under Article 3a of Regulation No 1546/88, refers to a farmer who operates, for the purposes of milk production, a set of production units for which he is himself responsible; where the holding is leased, those conditions are fulfilled in the person of the lessee alone, who enjoys the right to the use of the holding (judgment in Case C-236/90 Maier [1992] ECR I-4483, paragraph 11). Where the holding is relet to an association or a group in the circumstances set out above, the status of producer attaches to all the persons comprised in the association or group. | 70. In the context of that assessment, it is for the national court to determine, in particular, whether, first, criminal and fraudulent activities linked to gambling and, second, gambling addiction might have been a problem in France at the material time and whether the expansion of authorised and regulated activities would have been capable of solving such a problem ( Ladbrokes Betting & Gaming and Ladbrokes International , paragraph 29). In particular, the Court has stated that if a Member State wishes to rely on an objective capable of justifying an obstacle to the freedom to provide services arising from a national restrictive measure, it is under a duty to supply the court called upon to rule on that question with all the evidence of such a kind as to enable the latter to be satisfied that the said measure does indeed fulfil the requirements arising from the principle of proportionality ( Stoß and Others , paragraph 71). In that regard the Commission argues that the national authorities have not, in contrast to the situation in Placanica and Others and Liga Portuguesa de Futebol Profissional and Bwin International , demonstrated the reality of a black market for betting on horseracing. | 0 |
12,730 | 37 In the situations described above (paragraph 34) the function of the trade mark is in no way called in question by freedom to import. As was held in HAG II: "For the trade mark to be able to fulfil [its] role, it must offer a guarantee that all goods bearing it have been produced under the control of a single undertaking which is accountable for their quality" (paragraph 13). In all the cases mentioned, control was in the hands of a single body: the group of companies in the case of products put into circulation by a subsidiary; the manufacturer in the case of products marketed by the distributor; the licensor in the case of products marketed by a licensee. In the case of a licence, the licensor can control the quality of the licensee' s products by including in the contract clauses requiring the licensee to comply with his instructions and giving him the possibility of verifying such compliance. The origin which the trade mark is intended to guarantee is the same: it is not defined by reference to the manufacturer but by reference to the point of control of manufacture (see the statement of grounds for the Benelux Convention and the Uniform Law, Bulletin Benelux, 1962-2, p. 36). | 38
However, those procedures cannot undermine the objective referred to in, inter alia, that article, which, as is also apparent from recital 27 of that directive, consists in enabling suspects or persons accused of committing a criminal offence to prepare their defence and in safeguarding the fairness of the proceedings (judgment of 15 October 2015, Covaci,C‑216/14, EU:C:2015:686, paragraph 63). | 0 |
12,731 | 23 The Court has clarified the link existing between the right to deduction in the Member State of establishment and the right to a refund in another Member State where the expenditure is incurred. It has held that a taxable person who benefits from exemption and is consequently not entitled to deduct input tax is not, in accordance with the objective pursued by the VAT directives, entitled to a refund of VAT paid in another Member State either (Case C-302/93 Debouche v Inspecteur der Invoerrechten en Accijnzen [1996] ECR I-4495, paragraph 15). | 34. The same applies to the case in the main proceedings, the marks of which the Gillette Company is the owner being used by a third party in order to provide the public with comprehensible and complete information as to the intended purpose of the product which it markets, that is to say as to its compatibility with the product which bears those trade marks. | 0 |
12,732 | 34
Hence, in the absence of harmonisation of national legislation, obstacles to the free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods constitute measures of equivalent effect to quantitative restrictions even if those rules apply to all products alike (see, to that effect, judgment of 20 February 1979, Rewe-Zentral, Cassis de Dijon, 120/78, EU:C:1979:42, paragraphs 6, 14 and 15). | 58. First, it is established case-law that the General Court is the sole judge of any need to supplement the information available to it in respect of the cases before it. Whether or not the evidence before it is sufficient is a matter to be appraised by it alone and is not subject to review by the Court of Justice on appeal, except where that evidence has been distorted or the substantive inaccuracy of the findings of the General Court is apparent from the documents in the case (judgment in Der Grüne Punkt — Duales System Deutschland v Commission , C‑385/07 P, EU:C:2009:456, paragraph 163 and the case-law cited). | 0 |
12,733 | 41. As regards, secondly, Article 49 TFEU, it is common ground that all elements of the disputes before the referring court are confined within a single Member State. In those circumstances, it is necessary to determine whether the Court has jurisdiction in the present cases to give a ruling on that provision (see, by analogy, inter alia, Case C‑380/05 Centro Europa 7 [2008] ECR I‑349, paragraph 64; Case C‑245/09 Omalet [2010] ECR I‑13771, paragraphs 9 and 10; and Duomo Gpa and Others , paragraph 25). | 18. En outre, la Cour a récemment jugé qu’un État membre ne saurait justifié un éventuel retard dans l’exécution de son obligation résultant de l’article 26, paragraphe 3, de la directive par le fait qu’il a décidé de mettre en œuvre la méthode «push» (voir arrêt du 11 septembre 2008, Commission/Lituanie, C‑274/07, non encore publié au Recueil, point 52). | 0 |
12,734 | 51. The reason for this is that, like Regulation No 2580/2001, that inclusion on the list is of general application. It serves, together with that regulation, to impose on an indeterminate number of persons an obligation to comply with specific restrictive measures against DHKP-C (see, by analogy, Kadi and Al Barakaat International Foundation v Council and Commission , paragraphs 241 to 244). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
12,735 | 23
It also follows from the Court’s case-law that the calculation of the interest payable by the Treasury which does not take as its starting point the date on which the overpaid VAT would have had to be repaid in the normal course of events in accordance with the VAT Directive is, in principle, contrary to the requirements of Article 183 of that directive (judgments of 12 May 2011, Enel Maritsa Iztok 3, C‑107/10, EU:C:2011:298, paragraph 51, and of 24 October 2013, Rafinăria Steaua Română, C‑431/12, EU:C:2013:686, paragraph 24). | 41. In that context, the function ascribed to the certificate is specifically to facilitate, in the first stage of the procedure, the adoption of the declaration of enforceability of the judgment given in the Member State of origin, making its delivery almost automatic, as is expressly stated in recital 17 in the preamble to Regulation No 44/2001. | 0 |
12,736 | 15. In this regard it is sufficient to observe that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-161/02 Commission v France [2003] ECR I‑6567, paragraph 6, and judgment of 18 July 2007 in Case C‑26/07 Commission v Greece , not published in the ECR, paragraph 6). Since it is established that the law abolishing the subsidy was adopted after the expiry of that period, it is not to be taken into consideration in these proceedings. | 29. In order to answer that question, it is to be recalled at the outset that, in accordance with settled case-law, the principle of State liability for loss and damage caused to individuals as a result of breaches of European Union law for which the State can be held responsible is inherent in the system of the treaties on which the European Union is based (see, to that effect, Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraph 31; and Case C‑445/06 Danske Slagterier [2009] ECR I‑0000, paragraph 19). | 0 |
12,737 | 33 On the other hand, to limit the effects of this judgment in respect of the period after 16 July 1992, the date of the Legros judgment, would not be appropriate. After that date, the Greek Government must have been aware that the contested duty was incompatible with Community law. | 49. Consequently, Article 296(1)(b) EC, to which Article 3 of Directive 93/36 refers, cannot properly be invoked by the Italian Republic to justify recourse to the negotiated procedure for the purchase of those helicopters. | 0 |
12,738 | 58. However, as the Commission observes, national legislation giving pension funds established in Member States other than the Kingdom of Spain and offering occupational pension schemes in that Member State and insurance companies operating in Spain under the freedom to provide services the choice of appointing a tax representative or carrying out the tasks themselves, in accordance with the solution which they consider to be the most advantageous from the economic point of view, would be less prejudicial to the freedom to provide services than the general obligation to appoint such a representative imposed by the national legislation at issue (see, by analogy, judgments in Commission v Portugal , C‑267/09, EU:C:2011:273, paragraph 47, and National Grid Indus , C‑371/10, EU:C:2011:785, paragraphs 69 to 73). | 43. With regard to that close connection, the Court has stated that, in order for judgments to be regarded as contradictory, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in the context of the same situation of fact and law (see Freeport , paragraph 40, and Painer , paragraph 79). | 0 |
12,739 | 62
Against that background, as is clear from paragraph 34 of the present judgment, the very existence of the right to paid annual leave cannot be subject to any preconditions whatsoever, that right being conferred directly on the worker by Directive 2003/88. Thus, as regards the case in the main proceedings, it is irrelevant whether or not, over the years, Mr King made requests for paid annual leave (see, to that effect, judgment of 12 June 2014, Bollacke, C‑118/13, EU:C:2014:1755, paragraphs 27 and 28). | 41. Thus, by virtue of those criteria, the minimum wage calculated by reference to the relevant collective agreements cannot be a matter of choice for an employer who posts employees with the sole aim of offering lower labour costs than those of local workers. | 0 |
12,740 | 35 Contrary to what the German Government claims, it is not sufficient to take all reasonably practicable measures: the Directive requires the Member States to take all necessary measures to ensure that bathing waters conform to the limit values set therein, within a period which is longer than that laid down for transposition of the Directive, in order to enable the Member States to satisfy such a requirement (Commission v United Kingdom, cited above, paragraphs 42 and 44). The Directive therefore requires the Member States to ensure that certain results are achieved and, apart from the derogations provided for, does not allow them to rely on particular circumstances to justify a failure to fulfil that obligation (Commission v United Kingdom, cited above, paragraph 43, and Case C-92/96 Commission v Spain [1998] ECR I-505, paragraph 28). The German Government does not rely on any of those derogations with regard to those areas. | 79. Finally, it may be seen from the contested decision that, despite the contacts between the German Government and the appellants on the one side and the Commission on the other revealing persistent differences of opinion as to whether that provision was applicable, no specific argument was put forward during the administrative procedure (see Case C-156/98 Germany v Commission , paragraphs 104 to 108). | 0 |
12,741 | 36
According to the case-law on Article 21 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, the Court’s interpretation of which is equally valid for Article 27 of Regulation No 44/2001, the ‘cause of action’ comprises the facts and the rule of law relied on as the basis of the action (see, by analogy, judgments of 6 December 1994, Tatry, C‑406/92, EU:C:1994:400, paragraph 39, and of 22 October 2015, Aannemingsbedrijf Aertssen and Aertssen Terrassements, C‑523/14, EU:C:2015:722, paragraph 43). | 43. As regards, secondly, ‘the cause’ of an action for the purposes of Article 27 of Regulation No 44/2001, that comprises the facts and the rule of law relied on as the basis of the action (see, to that effect, judgment in Mærsk Olie & Gas , C‑39/02, EU:C:2004:615, paragraph 38 and the case-law cited). | 1 |
12,742 | 42. Each Member State is bound to implement the provisions of directives in a manner that fully meets the requirements of clarity and certainty in legal situations imposed by the Community legislature, in the interests of the persons concerned established in the Member States. To that end, the provisions of a directive must be implemented with unquestionable legal certainty and with the requisite specificity, precision and clarity (Case C-354/99 Commission v Ireland [2001] ECR I-7657, paragraph 27 and the case-law cited). | 111 Consequently, the plea alleging breach of the principle of proportionality is unfounded.
The sixth plea, alleging infringement of Articles 6 and 40(3) of the Treaty | 0 |
12,743 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 41 In AKZO this Court did indeed sanction the existence of two different methods of analysis for determining whether an undertaking has practised predatory pricing. First, prices below average variable costs must always be considered abusive. In such a case, there is no conceivable economic purpose other than the elimination of a competitor, since each item produced and sold entails a loss for the undertaking. Secondly, prices below average total costs but above average variable costs are only to be considered abusive if an intention to eliminate can be shown. | 0 |
12,744 | 35 It is common ground that, as this Court found in its judgment in Case C-107/91 ENU v Commission, that the decision originally requested by ENU under the second paragraph of Article 53 of the Treaty was meant to provide a solution to the specific problem it had submitted to the Agency and the Commission (paragraph 16), namely the difficulties in disposing of its uranium stocks. Similarly, in so far as the Commission was formally requested inter alia to order the Agency to take `special action' enabling an immediate solution to be found to the problem encountered by ENU in disposing of its uranium, ENU's letter to the Commission of 21 December 1990 had to be understood as referring to the Commission the implied act of the Agency refusing to exercise its right of option in respect of ENU's uranium production (paragraph 34 of that judgment). | 29
The number of participants in the public procurement procedure concerned as well as the number of participants who have instigated review procedures and the differing legal grounds relied on by those participants are irrelevant to the question of the applicability of the principle established by the Fastweb (C‑100/12, EU:C:2013:448) case-law. | 0 |
12,745 | 46. It should also be borne in mind that the effectiveness of Directive 85/337 would be seriously compromised if the competent authorities of a Member State could, when deciding whether a project must be the subject of an environmental impact assessment, leave out of consideration that part of the project which is located in another Member State (judgment in Umweltanwalt von Kärnten , EU:C:2009:767, paragraph 55). For the same reasons, the assessment of the impact of other projects cannot be confined to municipal boundaries. | 32 Second, it follows from Article L. 1 of the Code that the pension there referred to is granted in remuneration for the services performed by civil servants until their retirement from the service, and its amount takes account of the level, duration and nature of the services performed. | 0 |
12,746 | 23 The Court has consistently held (see, in particular, the abovementioned judgments in Rousseau Wilmot, paragraph 15; Bergandi, paragraph 15; Wisselink and Others, paragraph 18; and Giant, paragraph 12) that the principle of the common system of VAT consists, by virtue of Article 2 of the First Directive, in the application to goods and services up to the retail stage of a general tax on consumption which is exactly proportional to the price of the goods and services, irrespective of the number of transactions which take place in the production and distribution process before the stage at which the tax is charged. However, VAT is chargeable on each transaction only after deduction of the amount of VAT borne directly by the costs of the various price components. The procedure for deduction is so arranged by Article 17(2) of the Sixth Directive that taxable persons are authorised to deduct from the VAT for which they are liable the VAT which the goods or services have already borne. | 80. In that regard, it should be noted that – contrary to the assertions made by the Commission – restrictions relating to the location and size of large retail establishments appear to be methods suitable for achieving the objectives relating to town and country planning and environmental protection, relied on by the Kingdom of Spain. | 0 |
12,747 | 77. In particular, when aid granted by a Member State strengthens the position of an undertaking compared with other undertakings competing in intra‑Community trade, the latter must be re garded as affected by that aid (see, inter alia, Unicredito Italiano , paragraph 56 and the case-law cited, and Cassa di Risparmio di Firenze and Others , paragraph 141). | 28. In fact Article 3(3) of the directive contains no restriction in that regard, referring solely to the ‘use which has been made’ of the mark. | 0 |
12,748 | 30. According to the settled case-law of the Court, in interpreting a provision of EU 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 (see judgments in Adidas , C‑223/98, EU:C:1999:500, paragraph 23; SGAE , C‑306/05, EU:C:2006:764, paragraph 34; and Hoštická and Others , C‑561/13, EU:C:2014:2287, paragraph 29). | 29. It is settled case-law that, in interpreting a provision of EU 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 (judgment in Maatschap Schonewille-Prins , C‑45/05, EU:C:2007:296, paragraph 30 and the case-law cited). | 1 |
12,749 | 93. In the present case, however, it must be noted that Article 4(5) of Regulation No 1049/2001 – unlike other Community legislation on which the Court has ruled (see, inter alia, Case C‑269/99 Carl Küh ne and Others [2001] ECR I‑9517, paragraphs 50 to 54) – did not aim to establish a division between two powers, one national and the other of the Community, with different purposes. As pointed out in paragraph 76 above, that provision creates a decision-making procedure the sole object of which is to determine whether access to a document should be refused under one of the substantive exceptions listed in Article 4(1) to (3) of the regulation, a decision-making procedure in which both the Community institution and the Member State concerned play a part, in the terms stated in paragraph 76. | 37. The Court also pointed out that although customers of UPC Nederland BV take out a subscription for the purposes of gaining access to the basic cable package offered by that company, that does not mean that that company’s business, which consists in broadcasting programmes produced by the content editors (in this case radio and television channels) by transmitting those programmes to the connection point of its cable network in its subscribers’ homes, must be excluded from the definition of ‘electronic communications service’ within the meaning of Article 2(c) of the Framework Directive (see UPC Nederland EU:C:2013:709, paragraph 43). | 0 |
12,750 | 31. In the third place, the Court has already held on numerous occasions, first, that the first paragraph of Article 7 of Decision No 1/80 has direct effect and, secondly, that the periods of residence as set out in that provision mean that a concomitant right of residence must be acknowledged to exist, without which those periods of residence would be rendered totally ineffective (see, inter alia, Er , paragraphs 25 and 26, and Case C-337/07 Altun [2008] ECR I‑10323, paragraphs 20 and 21). | 41. It follows that such a charge is contrary to the objectives sought by the Community legislature and goes beyond the common framework established by Directive 97/13. | 0 |
12,751 | 74
The review of legality is supplemented by the unlimited jurisdiction conferred on the Courts of the Union by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the Courts, beyond carrying out a mere review of legality with regard to the penalty, to substitute their own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (see, inter alia, judgment of 8 December 2011, Chalkor v Commission, C‑386/10 P, EU:C:2011:815, paragraph 63). | 44 The Fund does not accept that Mr Pavlov and the other applicants practise their profession under a contract of employment and has issued enforcement orders against them for the recovery of arrears of premiums. | 0 |
12,752 | 59. Therefore, EU law does not require a national court to disapply domestic rules of procedure conferring finality on a judgment, even if to do so would make it possible to remedy a domestic situation which is incompatible with EU law (see, to that effect, the judgments in Eco Swiss , C‑126/97, EU:C:1999:269, paragraphs 46 and 47; Kapferer , EU:C:2006:178, paragraphs 20 and 21; Fallimento Olimpiclub , EU:C:2009:506, paragraphs 22 and 23; Asturcom Telecomunicaciones , C‑40/08, EU:C:2009:615, paragraphs 35 to 37; and Commission v Slovakia , C‑507/08, EU:C:2010:802, paragraphs 59 and 60). | 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 |
12,753 | 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). | 38. In order to alleviate such unequal treatment, Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are the subject of long delay may receive the same compensation, namely that laid down in Article 5(1)(c)(iii) of that regulation, as passengers whose flights are cancelled (see Sturgeon and Others , paragraph 61). | 0 |
12,754 | 36. Thus, according to settled case-law, derogation under those articles must be restricted to activities which, in themselves, are directly and specifically connected with the exercise of official authority (see Servizi Ausiliari Dottori Commercialisti , cited above, paragraph 46 and the case-law cited), which excludes from being regarded as connected with the exercise of official authority, within the meaning of that derogation, functions that are merely auxiliary and preparatory vis-à-vis an entity which effectively exercises official authority by taking the final decision (Case C‑42/92 Thijssen [1993] ECR I‑4047, paragraph 22). | 71 It cannot be disputed that the encouragement of recruitment constitutes a legitimate aim of social policy. | 0 |
12,755 | 35. However, according to the case‑law of the Court, such measures may be justified if they fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by overriding reasons based on the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain that objective (see Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 37; Case C‑424/97 Haim [2000] ECR I‑5123 paragraph 57; Case C‑108/96 Mac Quen and Others [2001] ECR I‑837, paragraph 26; and Case C‑243/01 Gambelli and Others [2003] ECR I‑13031, paragraphs 64 and 65). | 54 That limitation is therefore also applicable to survivors' pensions. | 0 |
12,756 | 18 Secondly, even though completion of the customs procedures in the economic agent' s own country confers certain advantages, they are linked with the customs formalities which, regardless of where they are completed, are obligatory in all cases. Moreover, those advantages derive from the Community transit procedure which was established by Regulation (EEC) No 542/69 of the Council of 18 March 1969 (OJ, English Special Edition 1969 (I), p. 125) and Council Regulation (EEC) No 222/77 of 13 December 1976 (OJ 1976 L 38, p. 1) in order to make goods flow more freely and facilitate transport within the Community. There can therefore be no question of levying any charges for customs clearance facilities accorded in the interests of the common market (Case 132/82 Commission v Belgium [1983] ECR 1649, paragraph 13, and Case 133/82 Commission v Luxembourg [1983] ECR 1669, paragraph 14). | 26. The case‑law of the Court also shows that, in that they introduce an exception to the general rules of jurisdiction set out in the Brussels Convention, the provisions of Article 16 – in particular Article 16(1)(a) – must not be given an interpretation broader than is required by their objective (see, in particular, Case C‑73/04 Klein [2005] ECR I-8667, paragraph 15 and the case-law cited). | 0 |
12,757 | 181. Whatever the nature of the provisions of Greek law prohibiting the conversion of successive fixed-term employment contracts into contracts of indefinite duration, it must be stated at the outset, in so far as this question concerns the conclusion of every first or single fixed-term employment contract, that, as paragraph 90 of this judgment shows, the Framework Agreement does not require the Member States to adopt measures in order to punish the misuse of such a contract resulting from the fact that it does actually cover fixed and permanent needs of the employer. Such a contract is not covered by clause 5(1) of the Framework Agreement, which relates solely to the prevention of the misuse of successive fixed-term employment contracts or relationships ( Mangold , paragraphs 41 to 43). | 42. Now, as the parties to the main proceedings confirmed at the hearing, the contract is the one and only contract concluded between them. | 1 |
12,758 | 17 In order to reply to this question, it is important to remember the context in which it was decided to limit the effects in time of the Barber judgment. | 45. According to settled case-law, the definition of aid is more general than that of a subsidy because it includes not only positive benefits, such as subsidies themselves, but also measures which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which thus, without being subsidies in the strict sense of the word, are similar in character and have the same effect (see, inter alia, Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 38; Case C‑501/00 Spain v Commission [2004] ECR I‑6717, paragraph 90, and the case‑law there cited; and Case C-222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I‑289, paragraph 131). | 0 |
12,759 | 31. In that connection, it must be recalled, first of all, that it is apparent from settled case-law that a holding company whose sole purpose is to acquire holdings in other undertakings and which does not involve itself directly or indirectly in the management of those undertakings does not have the status of taxable person within the meaning of Article 4 of the Sixth Directive and therefore has no right to deduct tax under Article 17 of the Sixth Directive, without prejudice to its rights as a shareholder (see Case C-60/90 Polysar Investments Netherlands [1991] ECR I-3111, paragraph 17; Case C-142/99 Floridienne and Berginvest [2000] ECR I-9567, paragraph 17; and Case C-16/00 Cibo Participations [2001] ECR I-6663, paragraph 18). | 11. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9, et du 3 février 2011, Commission/Belgique, C‑391/10, point 8). | 0 |
12,760 | 110. However, it is apparent from case-law which has also been settled since the judgment of 10 April 1984 in Case 14/83 Von Colson and Kamann [1984] ECR 1891, paragraph 26, that the Member States’ obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 10 EC to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts (see, inter alia, Case C‑106/89 Marleasing [1990] ECR I-4135, paragraph 8; Faccini Dori , paragraph 26; Case C‑126/96 Inter-Environnement Wallonie [1997] ECR I-7411, paragraph 40; and Case C‑131/97 Carbonari and Others [1999] ECR I‑1103, paragraph 48). | En outre, l’article 56 TFUE confère des droits non seulement au prestataire de services lui-même, mais également au destinataire
desdits services (arrêts Eurowings Luftverkehr, C‑294/97, EU:C:1999:524, point 34; FKP Scorpio Konzertproduktionen, C‑290/04,
EU:C:2006:630, point 32; Dijkman et Dijkman-Lavaleije, C‑233/09, EU:C:2010:397, point 24, ainsi que X, C‑498/10, EU:C:2012:635,
point 23). | 0 |
12,761 | 33. Furthermore, in the event of a breach by a supplier of the condition for application of the block exemption set out in Article 3(4) of Regulation No 1400/2002, the national court must be in a position to draw all the necessary inferences, in accordance with national law, concerning both the validity of the agreement at issue with regard to Article 81 EC and compensation for any harm suffered by the distributor where there is a causal relationship between that harm and an agreement or practice prohibited under Article 81 EC (see, to that effect, Case C‑453/99 Courage and Crehan [2001] ECR I-6297, paragraph 26, and Joined Cases C-295/04 to C-298/04 Manfredi and Others [2006] ECR I-0000, paragraphs 60, 61 and 90). | 37IN THE GROUNDS OF THAT JUDGMENT THE COURT ADDED THAT IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF A PRODUCT ' S DESIGNATION OF ORIGIN , IF A MEMBER STATE TAKES MEASURES TO PREVENT UNFAIR PRACTICES IN THIS CONNEXION IT IS , HOWEVER , SUBJECT TO THE CONDITION THAT THOSE MEASURES SHOULD BE REASONABLE AND THAT THE MEANS OF PROOF REQUIRED SHOULD NOT ACT AS A HINDRANCE TO TRADE BETWEEN MEMBER STATES AND SHOULD , IN CONSEQUENCE , BE ACCESSIBLE TO ALL COMMUNITY NATIONALS .
| 0 |
12,762 | 93. Such a restriction on the free movement of goods must therefore necessarily be based on a detailed assessment, on a case‑by‑case basis, of the risk alleged by the Member State invoking Article 30 EC (see, to that effect, Commission v Austria , paragraph 96, and Commission v Germany , paragraph 91). | 12 Furthermore, legislation of the kind at issue in the main proceedings does not contravene the principle of proportionality. The reservation to opticians of the sale of contact lenses and related products is appropriate for the purpose of ensuring the protection of public health. There is no evidence in the file to suggest that such legislation goes beyond what is necessary to achieve that objective. | 0 |
12,763 | 25
At paragraph 34 of that judgment, the Court therefore interpreted Article 1(3) of Directive 89/665 as meaning that an action for review by a tenderer whose bid has been unsuccessful cannot be declared inadmissible as a consequence of the examination of the preliminary plea of inadmissibility raised in the counterclaim filed by the successful tenderer, in the absence of a ruling as to whether the contract specifications are met by both the bids submitted. | 52. While the detailed rules for implementing such provisions fall within the internal legal order of the Member States by virtue of the principle of procedural autonomy of the Member States, they must, however, not be less favourable than those governing similar domestic situations (principle of equivalence) or render impossible in practice or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, inter alia, Case C‑312/93 Peterbroeck [1995] ECR I‑4599, paragraph 12, and Adeneler and Others , paragraph 95). | 0 |
12,764 | 37. In this connection it has to be observed that the documents before the Court do not supply any information additional to that which the Court has already had an opportunity of examining in Rodríguez Caballero , paragraphs 36 to 38. It follows that no persuasive argument has been made to justify the difference in treatment between claims corresponding to compensation for unfair dismissal awarded by a judgment or administrative decision and claims for compensation for unfair dismissal established in conciliation proceedings. | 19. Thus, the requisite arrangements for implementation and application of the requirements of Directive 93/104, codified by Directive 2003/88, may display certain divergences as regards the conditions for exercising the right to paid annual leave, but that directive does not allow Member States to exclude the very existence of a right expressly granted to all workers ( BECTU , paragraph 55, and Schultz-Hoff and Others , paragraph 47). | 0 |
12,765 | 44. Finally, assuming that the divergences thus observed endure despite everything, proceedings could be brought before the Court on the basis of Article 226 EC. It should be remembered in particular that an administrative practice can be the subject-matter of an action for failure to fulfil obligations when it is, to some degree, of a consistent and general nature (see, inter alia, Case C-387/99 Commission v Germany [2004] ECR I-3751, paragraph 42, and Case C-494/01 Commission v Ireland [2005] ECR I-0000, paragraph 28). | 50. The term ‘paid annual leave’ in that provision means that, for the duration of annual leave within the meaning of the directive, remuneration must be maintained. In other words, workers must receive their normal remuneration for that period of rest. | 0 |
12,766 | 13 The Court answered that question in the negative, noting that VAT was a general tax on the consumption of goods and services and that, in a case such as the one before it, there was no consumption as envisaged in the Community VAT system. It held that, by compensating farmers who undertook to cease their milk production, the Community did not acquire goods or services for its own use but acted in the common interest of promoting the proper functioning of the Community milk market. In those circumstances, the undertaking given by a farmer that he would discontinue his milk production did not entail either for the Community or for the competent national authorities any benefit which would enable them to be considered consumers of a service and therefore did not constitute a supply of services within the meaning of Article 6(1) of the Sixth Directive (paragraphs 19 to 22). | 30. Similarly, the system of strict protection presupposes the adoption of coherent and coordinated measures of a preventive nature (Case C‑518/04 Commission v Greece , not published in the ECR, paragraph 16). | 0 |
12,767 | 42. Secondly, only Articles 6 and 11 of Directive 97/13 deal with the charges applicable to undertakings which hold authorisations in the telecommunications services sector (see, to that effect, Albacom and Infostrada , cited above, paragraph 26). As to individual licences, Article 11(1) of that directive provides that the fees imposed by the Member States on undertakings which hold those licences seek only to cover the administration costs generated by the work involved in implementing those licences ( Albacom and Infostrada , paragraph 25, and Joined Cases C-392/04 and C-422/04 i-21 Germany [2006] ECR I-8559, paragraph 28). The same consideration applies to the fees imposed by the Member States for general authorisations pursuant to Article 6 of Directive 97/13, which provides in addition for only one other form of financial contribution, namely contributions to the provision of universal service. | 62
The Court has, therefore, already held that, with regard to the rights granted to asylum seekers, the Dublin III Regulation differs in essential respects from the Dublin II Regulation (see, to that effect, judgment of 7 June 2016, Ghezelbash, C‑63/15, EU:C:2016:409, paragraph 34). | 0 |
12,768 | 29 As regards the substance, Article 29(1) of the Staff Regulations sets out the successive stages which must be observed when a vacant post in an institution is to be filled. Under that provision, the appointing authority must examine, in order of priority, first, the possibilities of promotion or transfer within the institution in which the vacancy arises, second, the possibility of holding competitions internal to the institution and, third, what applications for transfer have been made by officials of other institutions, before initiating a competition procedure on the basis of either qualifications or tests or of both qualifications and tests (see Case 176/73 Van Belle v Council [1974] ECR 1361, paragraphs 5 and 6). | 20 Since the explanatory notes are not binding, it must be determined whether their content is compatible with the provisions of the CN and does not alter their scope. | 0 |
12,769 | 26. Consequently, if the exemption of the economic activity in question from VAT were to give rise to distortions of competition within the meaning of the second subparagraph of Article 4(5) of the Sixth Directive, the operation of a crematorium by Lutherstadt Eisleben would be taxable by virtue of that same provision (see, to that effect, Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 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 |
12,770 | 59. Next, it is necessary to bear in mind that, as Community law stands at present, no general provision or principle thereof requires that women should continue to receive full pay during maternity leave, provided that the amount of remuneration payable is not so low as to undermine the Community-law objective of protecting female workers, in particular before giving birth (see, to that effect, Gillespie and Others , paragraph 20). | 6 Those requirements are of particular importance in the field of competition, which is characterized by complex factual and legal situations. | 0 |
12,771 | 45. However, the Court has consistently held t hat a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual (see, inter alia, Case 152/84 Marshall [1986] ECR 723, paragraph 48; Case C-91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; Case C‑201/02 Wells [2004] ECR I‑723, paragraph 56; Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraph 108; and Case C‑555/07 Kücükdeveci [2010] ECR I‑0000, paragraph 46). | 108. In that regard, the Court has consistently held that a directive cannot of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual (see, inter alia, Case 152/84 Marshall [1986] ECR 723, paragraph 48; Case C-91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; and Case C-201/02 Wells [2004] ECR I‑0000, paragraph 56). | 1 |
12,772 | 36
As regards CN heading 2309, it follows from the case-law of the Court that the term ‘preparation’ under that heading means either the processing of a product, or a mixture with other products. For it to come under CN heading 2309, the product at issue in the main proceedings must still, firstly, be suitable only for animal feeding and, secondly, have been finally processed or result from a mixture of different substances (see, by analogy with regard to heading 2307 of the Common Customs Tariff of 1965, which preceded CN heading 2309, judgments in Henck, 36/71, EU:C:1972:25, paragraphs 4 and 12, and in van de Poll, 38/72, EU:C:1972:127, paragraph 5). | 28
In so far as the ECHR and, subsequently, the Charter use the term ‘religion’ in a broad sense, in that they include in it the freedom of persons to manifest their religion, the EU legislature must be considered to have intended to take the same approach when adopting Directive 2000/78, and therefore the concept of ‘religion’ in Article 1 of that directive should be interpreted as covering both the forum internum, that is the fact of having a belief, and the forum externum, that is the manifestation of religious faith in public. | 0 |
12,773 | 17. In accordance with the case-law of the Court, the second indent of Article 9(2)(e) of the Sixth Directive must be interpreted as applying not only to advertising services supplied directly and invoiced by the supplier to a taxable advertiser, but also to services supplied indirectly to the advertiser and invoiced to a third party who in turn invoices them to the advertiser (Case C-108/00 SPI [2001] ECR I-2361, paragraph 22). | 22 The answer to the question referred by the national court must therefore be that the second indent of Article 9(2)(e) of the Sixth Directive must be interpreted as applying not only to advertising services supplied directly and invoiced by the supplier to a taxable advertiser but also to services supplied indirectly to the advertiser and invoiced to a third party who in turn invoices them to the advertiser. | 1 |
12,774 | 59. It follows both from the place of this provision in the chapter relating to the prohibition of quantitative restrictions and from the use of the words imports and exports in the second subparagraph of Article 31(1) and of the word products in Article 31(3) that it refers to trade in goods and cannot relate to a monopoly in the provision of services (see Case 155/73 Sacchi [1974] ECR 409, paragraph 10). | 51. In those circumstances, where the national legislature has chosen to confer on specialised courts jurisdiction to hear and determine actions based on the legislation transposing Directive 1999/70, the obligation which would be placed on individuals in the situation of the complainants – who sought to bring a claim based on an infringement of that legislation before such a specialised court – to bring at the same time a separate action before an ordinary court to assert the rights which they can derive directly from that directive in respect of the period between the deadline for transposing it and the date on which the transposing legislation entered into force, would be contrary to the principle of effectiveness if – which is for the referring court to ascertain – it would result in procedural disadvantages for those individuals, in terms, inter alia, of cost, duration and the rules of representation, such as to render excessively difficult the exercise of rights deriving from that directive. | 0 |
12,775 | 29. In this context, the Court has held that, in the absence of fraud or abuse and subject to adjustments which may be made in accordance with the conditions laid down in Article 185 of Directive 2006/112, the right to deduct, once it has arisen, is retained even if the economic activity envisaged does not give rise to taxed transactions (see INZO , paragraphs 20 and 21; Ghent Coal Terminal , paragraphs 19 to 23; Schloßstrasse , paragraph 42; Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 22; and Fini H , paragraph 22). | 34. In this case, having regard to the provisions of Regulation No 1515/2001 and to the DSB’s recommendations, the Council first of all adopted Regulation No 1644/2001 on 7 August 2001. Next, on 28 January 2002, it adopted Regulation No 160/2002, and finally, on 22 April 2002, Regulation No 696/2002 confirming the definitive anti-dumping duty imposed by Regulation No 2398/97, as amended and suspended by Regulation No 1644/2001. | 0 |
12,776 | 42. Accordingly, Directive 1999/70 and the framework agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer ( Del Cerro Alonso , paragraph 28). | 78. In paragraphs 76 to 85 of the judgment under appeal, the Court of First Instance also held that the Commission had failed to put forward any evidence that in spite of its interference, in particular that intended to involve Studienkreis in the project, IPK continued to be able to manage the project in a satisfactory manner. Consequently, the Court of First Instance rightly held, in paragraph 86 of that judgment, that the Commission was in breach of the principle of good faith when it refused to pay the second instalment of the aid on the ground that the project was not completed by 31 October 1993. | 0 |
12,777 | 26. Thus, where an appeal merely repeats or reproduces verbatim the pleas in law and arguments submitted to the General Court, including those based on facts expressly rejected by that Court (see, in particular, Interporc v Commission , paragraph 16), it fails to satisfy the requirement to state reasons under those provisions. In reality, such an appeal amounts to no more than a request for a re-examination of the application submitted to the General Court, a matter which falls outside the jurisdiction of the Court of Justice (see, inter alia, Reynolds Tobacco and Others v Commission , paragraph 50). | 77. In the light of the above, it must be held that the undertakings in the first category and those in the second category were not in a comparable situation. | 0 |
12,778 | 15. It is only during the phase in which rights are acquired on an incremental basis in accordance with the length of the paid legal employment as set out in the three indents of Article 6(1) of Decision No 1/80 and, therefore, only for the purpose of calculating the various periods of employment necessary for that purpose, that Article 6(2) lays down the effects on those periods of the various causes of interruption of employment (see, to that effect, Case C-434/93 Bozkurt [1995] ECR I‑1475, paragraph 38; Tetik , paragraphs 36 to 39; and Nazli , paragraph 40). | 69. La condition relative à l’existence d’une impossibilité absolue d’exécution n’est pas remplie lorsque l’État membre défendeur se borne à faire part à la Commission des difficultés juridiques, politiques ou pratiques que présente la mise en œuvre de la décision, sans entreprendre une véritable démarche auprès des entreprises en cause afin de récupérer l’aide et sans proposer à la Commission des modalités alternatives de mise en œuvre de la décision qui auraient permis de surmonter ces difficultés (voir arrêt du 5 mai 2011, Commission/Italie, C‑305/09, non encore publié au Recueil, point 33 et jurisprudence citée, ainsi que du 14 juillet 2011, Commission/Italie, précité, point 34). | 0 |
12,779 | 70. In order to assess the degree of clarity of Article 11(1) of Directive 97/13 and to determine whether or not the incompatibility of the national law with that article is manifest, the objectives of that directive, which is among the measures adopted for the complete liberalisation of telecommunications services and infrastructures and is intended to encourage the entry of new operators onto the market, must be taken into account (see, to that effect, Albacom and Infostrada , cited above in paragraph 35). In that regard, the imposition of a very high fee to cover an estimation of the general costs over a period of 30 years is such as to seriously impair competition, as the national court points out in its references for a preliminary ruling, and constitutes a relevant factor in that assessment. | 101 In its judgment of 27 March 1980 in Case 129/79 Macarthys Ltd v Smith [1980] ECR 1275 the Court held that comparisons in cases of actual discrimination falling within the scope of the direct application of Article 119 are confined to parallels which may be drawn on the basis of concrete appraisals of the work actually performed by employees of different sex within the same establishment or service (paragraph 15). | 0 |
12,780 | 50. That maternity leave from which the female worker benefits is intended, first, to protect a woman’s biological condition during and after pregnancy and, second, to protect the special relationship between a woman and her child over the period which follows pregnancy and childbirth, by preventing that relationship from being disturbed by the multiple burdens which would result from the simultaneous pursuit of employment (see, inter alia, Case 184/83 Hofmann [1984] ECR 3047, paragraph 25, and Kiiski , paragraph 46). | 63. Admittedly, as Ireland submitted, that provision includes, in relation to the principle of non-discrimination there laid down, a qualification concerning justification on objective grounds. | 0 |
12,781 | En précisant que l’EUIPO « peut » décider de ne pas tenir compte de telles preuves, ladite disposition investit en effet ce dernier d’un large pouvoir d’appréciation à l’effet de décider, tout en motivant sa décision sur ce point, s’il y a lieu ou non de prendre ceux-ci en compte (arrêts du 13 mars 2007, OHMI/Kaul, C‑29/05 P, EU:C:2007:162, point 43, ainsi que du 26 septembre 2013, Centrotherm Systemtechnik/OHMI et centrotherm Clean Solutions, C‑610/11 P, EU:C:2013:593, point 78). | 78. In stating that OHIM ‘may’ decide to disregard such facts and evidence, Article 76(2) of Regulation No 207/2009 grants OHIM a wide discretion to decide, while giving reasons for its decision in that regard, whether or not to take such information into account ( OHIM v Kaul , paragraph 43). | 1 |
12,782 | 69. Article 43 EC is one of the fundamental provisions of European Union law (see, to that effect, inter alia, Reyners , paragraph 43). | 32. As the Commission rightly argued, it is clear from Articles 20 and 21 of the 2003 Act of Accession, which together make up Title I, entitled ‘Adaptations to acts adopted by the institutions’, of Part Three of that act, itself entitled ‘Permanent provisions’, that the ‘adaptations’ to which those articles refer correspond, in principle, to amendments necessary to ensure the full applicability of acts of the institutions to the new Member States and which are intended, with that in view, to supplement those acts in the long term. | 0 |
12,783 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 29. However, protective measures provided for in a project which are aimed at compensating for the negative effects of the project on a Natura 2000 site cannot be taken into account in the assessment of the implications of the project provided for in Article 6(3). | 0 |
12,784 | 40. It is apparent from the actual wording of Article 13B(f) of the Sixth Directive that that provision leaves a broad discretion to the Member States as regards the exemption or the taxation of the transactions concerned since it allows those States to fix the conditions and the limitations to which entitlement to that exemption may be made subject ( Leo-Libera , paragraph 26). | 36. What is decisive in the context of that comparison is whether the amendment to the repayment terms of the capital injection has satisfied an economic rationality test, so that a private investor might also be in a position to accept such an amendment, in particular by increasing the prospects of obtaining the repayment of that injection. | 0 |
12,785 | 20 Furthermore, it is settled case-law that the validity of a jurisdiction clause under Article 17 of the Convention must be assessed by reference to the relationship between the parties to the original contract (see to that end Case 71/83 Tilly Russ v Nova [1984] ECR 2417, paragraph 24, and Case C-159/97 Castelletti v Trumpy [1999] ECR I-1597, paragraphs 41 and 42). It follows that it is in relation to those parties, which it is for the national court to identify, that the conditions of application of Article 17 of the Convention must be assessed. The circumstances in which a jurisdiction clause may be enforced against a person who was not privy to the original contract are the subject-matter of the third question, which is considered below. | 50. In the same way, it must be concluded that the aim of establishing an age structure that balances young and older civil servants in order to encourage the recruitment and promotion of young people, to improve personnel management and thereby to prevent possible disputes concerning employees’ fitness to work beyond a certain age, while at the same time seeking to provide a high-quality justice service, can constitute a legitimate aim of employment and labour market policy. | 0 |
12,786 | 33. According to the settled case-law of the Court, the principles of legal certainty and protection of legitimate expectations must be respected by the EU institutions, but also by Member States in the exercise of the powers conferred on them by EU directives (see, to that effect, judgments in Gemeente Leusden and Holin Groep , C‑487/01 and C‑7/02, EU:C:2004:263, paragraph 57; ‘Goed Wonen’ , C‑376/02, EU:C:2005:251, paragraph 32; and Elmeka NE , C‑181/04 to C‑183/04, EU:C:2006:563, paragraph 31). | 62. Unlike pharmacists, non-pharmacists by definition lack training, experience and responsibility equivalent to those of pharmacists. Accordingly, they do not provide the same safeguards as pharmacists. | 0 |
12,787 | 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). | 21 Finally, in order to meet the directive' s aim of ensuring development of effective competition in the award of public works contracts, the criteria and conditions which govern each contract must be given sufficient publicity by the authorities awarding contracts . | 0 |
12,788 | 20
The Court also held that Article 5(2)(b) of Directive 2001/29 imposes on a Member State which has introduced the private copying exception into its national law an obligation to achieve a certain result, in the sense that that State must ensure, in accordance with its territorial competence, the effective recovery of the fair compensation for the harm suffered by the holders of the exclusive right of reproduction on the territory of that State (see, to that effect, judgments of 16 June 2011 in Stichting de Thuiskopie, C‑462/09, EU:C:2011:397, paragraphs 34 to 36, 39 and 41, and 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraphs 32 and 57 to 59). | 38. Or, il convient de rappeler, à cet égard, que les déchets ont une nature particulière, si bien que leur accumulation, avant même qu’ils ne deviennent dangereux pour la santé, constitue, compte tenu notamment de la capacité limitée de chaque région ou localité à les recevoir, un danger pour l’environnement (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 105). | 0 |
12,789 | 65
Furthermore, in order to determine whether the application of the exemption mentioned in Article 132(1)(f) of Directive 2006/112 to a specific activity is likely to cause distortion of competition, it is certainly possible for the national legislature to lay down rules which are easily managed and supervised by the competent authorities (see, by analogy, judgment of 24 February 2015, Sopora, C‑512/13, EU:C:2015:108, paragraph 33). Under Article 131 of Directive 2006/112, Member States are to lay down conditions to which the exemptions are subject for the purposes of ensuring the correct and straightforward application of those exemptions and of preventing any possible evasion, avoidance or abuse. However, those conditions do not concern the definition of the content of the exemptions laid down by that directive (see, to that effect, judgments of 21 March 2013, Commission v France, C‑197/12, not published, EU:C:2013:202, paragraph 31, and 25 February 2016, Commission v Netherlands, C‑22/15, not published, EU:C:2016:118, paragraphs 28 and 29). | 38. Il s’ensuit que le principe d’effectivité s’oppose à une législation nationale qui réduit, avec effet rétroactif et sans régime transitoire, le délai dans lequel pouvait être demandé le remboursement de sommes versées en violation du droit de l’Union (voir en ce sens arrêt Marks & Spencer, précité, point 47). | 0 |
12,790 | 49. Quant à la finalité de ce régime particulier, la Cour a rappelé à maintes reprises que les services fournis par les agences de voyages et par les organisateurs de circuits touristiques se caractérisent par le fait que, en règle générale, ces services se composent de multiples prestations, notamment en matière de transport et d’hébergement, qui sont exécutées tant à l’intérieur qu’à l’extérieur du territoire de l’État membre où l’entreprise a son siège ou un établissement stable. L’application des règles de droit commun concernant le lieu d’imposition, la base d’imposition et la déduction de la taxe en amont se heurterait, en raison de la multiplicité et de la localisation des prestations fournies, à des difficultés pratiques pour ces entreprises, qui seraient de nature à entraver l’exercice de leur activité. C’est afin d’adapter les règles applicables au caractère spécifique de cette activité que le législateur de l’Union a institué, à l’article 26, paragraphes 2 à 4, de la sixième directive, un régime particulier de TVA (voir arrêts du 12 novembre 1992, Van Ginkel, C‑163/91, Rec. p. I‑5723, points 13 à 15; Madgett et Baldwin, précité, point 18; du 19 juin 2003, First Choice Holidays, C‑149/01, Rec. p. I‑6289, points 23 à 25; du 13 octobre 2005, ISt, C‑200/04, Rec. p. I‑8691, point 21, ainsi que du 9 décembre 2010, Minerva Kulturreisen, C‑31/10, Rec. p. I‑12889, points 17 et 18). | 33
The appellant is unable, therefore, to obtain from the annulment of Decision 2015/837 extending the existence of that list any benefit going beyond that which he was able to obtain upon the annulment of Implementing Decision 2014/488 which included his name on it. | 0 |
12,791 | 31
It is the responsibility of the national courts, in particular, to provide the legal protection which individuals derive from the rules of EU law and to ensure that those rules are fully effective (judgment of 8 September 2011 in Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 52). | 44 In summary, it is clear from the foregoing that the amount of benefits and the amount of contributions, which are two essential elements of the scheme managed by the INAIL, are subject to supervision by the State and that the compulsory affiliation which characterises such an insurance scheme is essential for the financial balance of the scheme and for application of the principle of solidarity, which means that benefits paid to insured persons are not strictly proportionate to the contributions paid by them. | 0 |
12,792 | 23. The Court also observed that, regarding the place of performance of the obligations arising from contracts for the sale of goods, the regulation, in the first indent of Article 5(1)(b), defines that criterion of a link autonomously, in order to reinforce the objectives of unification of the rules of jurisdiction and predictability. Accordingly, in such cases the place of delivery of the goods is established as the autonomous linking factor to apply to all claims founded on one and the same contract of sale ( Color Drack , paragraphs 24 and 26; Rehder , paragraph 33; and Car Trim , paragraphs 49 and 50). | 79 For another thing, it assists in meeting a desire to control costs and to prevent, as far as possible, any wastage of financial, technical and human resources. Such wastage is all the more damaging because it is generally recognised that the hospital care sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for health care are not unlimited, whatever the mode of funding applied. | 0 |
12,793 | 30 In paragraphs 47 to 50 and 54 of Kadiman, the Court also held that, although the spirit and purpose of the first indent of the first paragraph of Article 7 of Decision No 1/80 imply that the family member is in principle required to reside uninterruptedly with the Turkish migrant worker during the initial three-year period, account must nevertheless be taken, for the purpose of calculating the three-year period of legal residence within the meaning of that provision, of short interruptions in their living together which are not intended to call into question their joint home in the host Member State, such as an absence from the joint home for a reasonable time and legitimate reasons, or an involuntary stay of less than six months by the person concerned in his country of origin. | 47 It thus follows from the meaning and purpose of that provision that the family member must in principle reside uninterruptedly during those three years with the Turkish worker. | 1 |
12,794 | 130. In the present case, that period ended on 18 December 2006. On that date Directive 89/48 was still in force, since Directive 2005/36 repealed it only with effect from 20 October 2007. Consequently, in so far as the present claim is based on the alleged failure to transpose Directive 89/48, it is not devoid of purpose (see, by analogy, judgment of 11 June 2009 in Case C‑327/08 Commission v France , paragraph 23). | 81. The legality of a decision concerning State aid is to be assessed in the light of the information available to the Commission when the decision was adopted, especially where the decision in question is a decision not to raise objections to an aid scheme adopted at the end of the preliminary stage of the procedure for reviewing aid under Article 93(3) of the EC Treaty, such as the contested decision (see, to that effect, Nuova Agricast , paragraphs 54 and 55). | 0 |
12,795 | 32. That presumption of relevance cannot be rebutted by the simple fact that one of the parties to the main proceedings contests certain facts, the accuracy of which is not a matter for the Court to determine and on which the delimitation of the subject-matter of those proceedings depends (Case C‑379/05 Amurta EU:C:2007:655, paragraph 65 and the case-law cited). | 48 In addition, contrary to the German Government's arguments, although the undertaking of such projects may be regarded as of great assistance to university education, it is not essential to attain its objective, that is, in particular, the teaching of students to enable them to pursue a professional activity. Indeed, many universities achieve this aim without carrying out research projects for consideration and there are other ways to ensure a link between university education and professional life. | 0 |
12,796 | 91. In that connection, the Court has already held that restricting the temporal effects of such an interpretation may be allowed only in the actual judgment ruling upon the interpretation requested. That principle guarantees the equal treatment of the Member States and of other persons subject to EU law, under that law, fulfilling, at the same time, the requirements arising from the principle of legal certainty (Case C-292/04 Meilicke and Others [2007] ECR I-1835, paragraph 37). | 14 The answer to the first question submitted must therefore be that heading 61.08 of the Combined Nomenclature of the Common Customs Tariff, as amended by Regulations No 2658/87 and No 3174/88, must be interpreted as meaning that not only sets of two knitted garments which, according to their outward appearance, are to be worn exclusively in bed but also sets used mainly for that purpose must be considered to be pyjamas.
The second question | 0 |
12,797 | 88
A Member State also waives such a power when it adopts provisions which alter the logic underlying the earlier legislation. In that regard, it is clear from the case-law that, when assessing the power of a Member State to invoke Article 64(1) TFEU, the aspects relating to the form of the act constituting a restriction are secondary in relation to the aspects concerning the substance of that restriction. A national measure adopted after 31 December 1993 is not, for that reason alone, automatically excluded from the derogation provided for in Article 64(1) TFEU. That regime covers the provisions which, in their substance, are identical to previous legislation or which merely reduce or eliminate an obstacle to the exercise of Community rights and freedoms in earlier legislation but excludes provisions which are based on a logic different from that of the earlier law and introduce new procedures (see, to that effect, judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 192, and of 24 May 2007, Holböck, C‑157/05, EU:C:2007:297, paragraph 41). | 26. However, a direct and immediate link between a particular input transaction and a particular output transaction or transactions giving rise to entitlement to deduct is necessary before the taxable person is entitled to deduct input VAT and in order to determine the extent of such entitlement ( Midland Bank , paragraph 24). | 0 |
12,798 | 81
Moreover, the Court has already held that Article 4(10) of the Customs Code must be interpreted as meaning that import duties do not include the VAT to be levied on the importation of goods (judgment of 29 July 2010, Pakora Pluss, C‑248/09, EU:C:2010:457, paragraph 47). | 36 It follows that the worker cannot claim more favourable treatment, particularly in financial terms, than he would have had if he had been duly accepted as a member. | 0 |
12,799 | 23. It must be pointed out at the outset that the fact, referred to in the first question referred for a preliminary ruling, that the legal classification of the acts in respect of which the sentence was passed in the first Contracting State differs from that of the acts in respect of which the proceedings were brought in the second State is irrelevant, since a divergent legal classification of the same acts in two different Contracting States is no obstacle to the application of Article 54 of the CISA (see Van Esbroeck , paragraph 31). | 29. That said, it is apparent that the other provisions of Community law relating to competition of which the referring court seeks an interpretation, in particular Articles 81 EC to 86 EC, are also manifestly inapplicable in a context such as that of the main proceedings. | 0 |
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