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1,300 | 52. So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited). | 18 Lastly, the reason why cable television broadcasting was not covered by Directive 89/552 is that it was not yet very widespread at the time when the directive was adopted. | 0 |
1,301 | 56
It must be pointed out, in the third place, that, according to the well-established case-law of the Court, the parent company to which the unlawful conduct of its subsidiary is attributed is held individually liable for an infringement of the EU competition rules which it is itself deemed to have infringed, because of the decisive influence which it exercised over the subsidiary and by which it was able to determine the subsidiary’s conduct on the market (see, to that effect, judgments of 14 July 1972, Imperial Chemical Industries v Commission, 48/69, EU:C:1972:70, paragraphs 140 and 141; of 16 November 2000, Metsä-Serla and Others v Commission, C‑294/98 P, EU:C:2000:632, paragraphs 28 and 34; of 26 November 2013, Kendrion v Commission, C‑50/12 P, EU:C:2013:771, paragraph 55; of 10 April 2014, Commission and Others v Siemens Österreich and Others, C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraph 49; and of 8 May 2014, Bolloré v Commission, C‑414/12 P, not published, EU:C:2014:301, paragraph 44). | 57. Admittedly, and as the Court held, in substance, in paragraphs 17 to 21 of the Titanium dioxide judgment, cited above, recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other or where the use of two legal bases is liable to undermine the rights of the Parliament (see also, to that effect, Joined Cases C-164/97 and C‑165/97 Parliament v Council [1999] ECR I-1139, paragraph 14; and Case C‑338/01 Commission v Council , cited above, paragraph 57). In this case, however, neither of those consequences follows from recourse to both Articles 133 EC and 175(1) EC. | 0 |
1,302 | 30. Article 12(1) of the directive establishes an exhaustive list of taxes and duties other than capital duty which, notwithstanding Articles 10 and 11, may be imposed on capital companies in connection with the transactions referred to in those provisions (see Case 36/86 Investeringsforeningen Dansk Sparinvest [1988] ECR 409, paragraph 9). Article 12 of the directive, and in particular Article 12(1)(a) thereof, refers to the ‘duties on the transfer of securities, whether charged at a flat rate or not’. | 33. The question whether a dissemination of information has a promotional objective must be determined by undertaking a detailed examination of all the relevant circumstances of the case, which is for the national court (see, to that effect, Damgaard , paragraph 23). | 0 |
1,303 | 17 It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, effectively to put forward its defence to the complaints made by the Commission. The subject-matter of an action brought under Article 169 of the Treaty is thus delimited by the pre-litigation procedure provided for by that article. Consequently, the action cannot be founded on any complaints other than those formulated in the reasoned opinion (Case C-96/95 Commission v Germany [1997] ECR I-1653, paragraphs 22 and 23). | 3 TAKING ACCOUNT OF THE SPECIAL FEATURES INHERENT IN THE SUBJECT-MATTER GOVERNED BY ANNEX IX TO THE STAFF REGULATIONS AND HAVING REGARD TO THE OTHER PROVISIONS OF THAT ANNEX APPLICABLE TO DISCIPLINARY PROCEEDINGS, THE TIME-LIMIT LAID DOWN BY THE ABOVE-MENTIONED ARTICLE CANNOT BE REGARDED AS A MANDATORY PERIOD OF LIMITATION THE FAILURE TO OBSERVE WHICH ENTAILS THE NULLITY OF THE MEASURES ADOPTED AFTER ITS EXPIRY . | 0 |
1,304 | 24
That upper limit seeks to prevent fines being imposed which it is foreseeable that the undertakings, owing to their size, as determined, albeit approximately and imperfectly, by their total turnover, will not be able to pay (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 280, and of 12 July 2012, Cetarsa v Commission, C‑181/11 P, not published, EU:C:2012:455, paragraph 82). | 106 Moreover, the importance of the social function attributed to supplementary pensions has recently been recognised by the Community legislature's adoption of Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ 1998 L 209, p. 46). | 0 |
1,305 | 63. Furthermore, although only the provisions of Community law specific to medicinal products apply to a product which satisfies the conditions for classification a medicinal product, even if it comes within the scope of other, less stringent Community rules (see, to that effect, Delattre , paragraph 22, Monteil and Samanni , paragraph 17, Ter Voort , paragraph 19, and HLH Warenvertrieb and Orthica , paragraph 43 ), it must be stated, as is shown by a reading of Article 1(2) of Directive 2001/83 in conjunction with Article 2 of Directive 2002/46, that the physiological effect is not specific to medicinal products but is also among the criteria used for the definition of food supplements. | 31. While recitals 23 and 24 in the preamble to Directive 2004/38 certainly refer to special protection for persons who are genuinely integrated into the host Member State, in particular when they were born there and have spent all their life there, the fact remains that, in view of the wording of Article 28(3) of that directive, the decisive criterion is whether the Union citizen has lived in that Member State for the 10 years preceding the expulsion decision. | 0 |
1,306 | 19. The Court has also held that, taking into account the two facts that, firstly, it follows from Article 2 of the Sixth Directive that every transaction must normally be regarded as distinct and independent and, secondly, a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system, it is a single supply where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split (see Levob Verzekeringen and OV Bank , paragraphs 20 and 22, and Aktiebolaget NN , paragraphs 22 and 23). | 25. In those circumstances, that descendant cannot be required, in addition, to establish that he has tried without success to find work or obtain subsistence support from the authorities of his country of origin and/or otherwise tried to support himself. | 0 |
1,307 | 51. Consequently, the concept of the value of sales referred to in point 13 of those Guidelines encompasses the sales made on the market concerned by the infringement in the EEA, and it is not necessary to determine whether those sales were genuinely affected by that infringement, since the proportion of the overall turnover deriving from the sale of goods in respect of which the infringement was committed is best able to reflect the economic importance of that infringement (see, to that effect, judgments in Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraphs 75 to 78; Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraphs 57 to 59; Dole Food and Dole Fresh Fruit Europe v Commission , C‑286/13 P, EU:C:2015:184, paragraphs 148 and 149; and LG Display and LG Display Taiwan v Commission , C‑227/14 P, EU:C:2015:258, paragraphs 53 to 58 and 64). | 32FOR ALL THESE REASONS , SINCE ABG ' S POSITION IN RELATION TO BP HAD BEEN , FOR SEVERAL MONTHS BEFORE THE CRISIS OCCURRED , THAT OF AN OCCASIONAL CUSTOMER , BP CANNOT BE ACCUSED OF HAVING APPLIED TO IT DURING THE CRISIS LESS FAVOURABLE TREATMENT THAN THAT WHICH IT RESERVED FOR ITS TRADITIONAL CUSTOMERS .
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1,308 | 34
It follows that the detailed rules under which applicants for subsidiary protection are to be able to exercise their right to be heard prior to the adoption of a final decision on their application must be assessed in the light of the provisions of Directive 2004/83, which are intended, inter alia, to lay down minimum standards relating to the conditions which third country nationals must satisfy in order to be entitled to subsidiary protection (see, by analogy, judgments of 5 November 2014, Mukarubega, C‑166/13, EU:C:2014:2336, paragraph 55, and of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 45). | 55. The Member States must therefore take account of all the Court’s case-law concerning observance of the rights of the defence in conjunction with the scheme of Directive 2008/115 when they determine the conditions under which observance of the right to be heard of illegally-staying third-country nationals is to be ensured and when they act upon an infringement of that right (see, to that effect, judgment in G. and R. , EU:C:2013:533, paragraph 37). | 1 |
1,309 | 30 According to consistent case-law, the only defence available to a Member State in opposing an application by the Commission under Article 93(2) of the Treaty for a declaration that it has failed to fulfil its Treaty obligations is to plead that it was absolutely impossible for it to implement the decision properly (see Case C-348/93 Commission v Italy [1995] ECR I-673, paragraph 16; Case C-280/95 Commission v Italy [1998] ECR I-259, paragraph 13; and Commission v France, cited above, paragraph 23). | 13 FROM THAT IT FOLLOWS THAT THE FEDERAL REPUBLIC OF GERMANY IS AUTHORIZED TO MAINTAIN EXISTING RESTRICTIONS BUT MAY NOT IN ANY CIRCUMSTANCES DURING THE TRANSITIONAL PERIOD MAKE MORE STRINGENT THE CONDITIONS ON THE TAKING UP AND PURSUIT OF EMPLOYMENT BY GREEK NATIONALS THROUGH THE INTRODUCTION OF FRESH RESTRICTIVE MEASURES .
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1,310 | 20 In the GB-Inno-BM judgment (cited above, paragraph 28), the Court held that Articles 3(f), 90 and 86 of the Treaty preclude a Member State from granting to the undertaking which operates the public telecommunications network the power to lay down standards for telephone equipment and to check that economic operators meet those standards when it is itself competing with those operators on the market for that equipment. | 23 Second, the fact that it may be necessary to order the defendant in the main proceedings to cease its activities in the future provides sufficient justification for interpreting the relevant provisions of Regulation No 1475/95 (see, to that effect, Case C-408/95 Eurotunnel and Others v Seafrance [1997] ECR I-0000, paragraph 24). | 0 |
1,311 | 40
In those circumstances, it is irrelevant that the national provision serving as the basis for a penalty such as that imposed on Berlioz is included in a law that was not adopted in order to transpose Directive 2011/16, since the application of that national provision is intended to ensure that of the directive (see, to that effect, judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 28). | 35. Moreover, neither the method of treatment reserved for a substance nor the use to which that substance is put determines conclusively whether or not it is to be classified as waste (see ARCO Chemie Nederland and Others , paragraph 64, and Case C‑176/05 KVZ retec [2007] ECR I‑1721, paragraph 52). | 0 |
1,312 | 73. It may also be pointed out that the imposition of penalties, including criminal penalties, may be considered to be necessary in order to ensure compliance with national rules, subject, however, to the condition that the nature and amount of the penalty imposed is in each individual case proportionate to the gravity of the infringement which it is designed to penalise (see, to that effect, judgments in Louloudakis , C‑262/99, EU:C:2001:407, paragraphs 69 and 70, and in Commission v Greece , C‑156/04, EU:C:2007:316, paragraph 72). | 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 |
1,313 | 22 It should be borne in mind, as a preliminary point, that in proceedings brought under Article 177 of the Treaty the Court has no jurisdiction to apply the rules of Community law to a specific case or, consequently, to classify provisions of national law with respect to such a rule. It may, however, provide the national court with an interpretation of all relevant provisions of Community law which might be useful to it in assessing the effects of such provisions of national law (see, in particular, the judgment in Case 37/86 Van Gastel, née Coenen v Rijksdienst voor Werknemerspensioenen and Rijkskas voor Rust- en Overlevingspensioenen [1987] ECR 3589, paragraph 8). | 125. Il convient, à cet égard, de relever qu’il résulte de la jurisprudence de la Cour qu’un manquement d’un État membre peut être, en principe, constaté au titre de l’article 226 CE quel que soit l’organe de cet État dont l’action ou l’inaction est à l’origine du manquement, même s’il s’agit d’une institution constitutionnellement indépendante (arrêt du 9 décembre 2003, Commission/Italie, C‑129/00, Rec. p. I‑14637, point 29 et jurisprudence citée). | 0 |
1,314 | 78. The General Court thus made an assessment of questions on which the Commission had not yet stated its position and confused different administrative and judicial procedural stages, which is incompatible with the system of the division of powers between the Commission and the Court of Justice and of the remedies laid down by the Treaty and with the requirements of the sound administration of justice (see, to that effect, Case C-60/81 IBM v Commission [1981] ECR 2639, paragraph 20). | 7 It is clear from the wording of this provision that "supply of goods" does not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party actually to dispose of it as if he were the owner of the property . | 0 |
1,315 | 155. Also, as has been correctly pointed out by the Parliament, the Council and the parties intervening in support of them, the discretion enjoyed by the competent authorities in determining the balance to be struck between freedom of expression and the objectives in the public interest which are referred to in Article 10(2) of the ECHR varies for each of the goals justifying restrictions on that freedom and depends on the nature of the activities in question. When a certain amount of discretion is available, review is limited to an examination of the reasonableness and proportionality of the interference. This holds true for the commercial use of freedom of expression in a field as complex and fluctuating as advertising (see, in particular, Karner , paragraph 51). | 53 Despite the fact that BSE previously existed, the new information provided by SEAC significantly altered the perception of the risk which that disease represented for human health, and thus authorised the Commission to adopt safeguard measures in accordance with Directives 90/425 and 89/662. | 0 |
1,316 | 55 Finally as regards the question whether such a worker was in legal employment in the host Member State for the purposes of Article 6(1) of Decision No 1/80, it should be recalled that, according to settled case-law (judgments in Sevince, paragraph 30, Bozkurt, paragraph 26, and Case C-237/91 Kus v Landeshauptstadt Wiesbaden [1992] ECR I-6781, paragraphs 12 and 22), the legality of the employment presupposes a stable and secure situation as a member of the labour force of a Member State and, by virtue of this, implies the existence of an undisputed right of residence. | 14 That principle is based on the need to reconcile the interests of the candidates put at a disadvantage by an irregularity committed in the course of a competition and the interests of the other candidates. The Court is required to take account not only of the need to restore the rights of the candidates who have been adversely affected but also of the legitimate expectations of the candidates already selected. | 0 |
1,317 | 31. In that connection, the Court has held in particular that passive modes of participation in the infringement, such as the presence of an undertaking in meetings at which anti-competitive agreements were concluded, without that undertaking clearly opposing them, are indicative of collusion capable of rendering the undertaking liable under Article 81(1) EC, since a party which tacitly approves of an unlawful initiative, without publicly distancing itself from its content or reporting it to the administrative authorities, encourages the continuation of the infringement and compromises its discovery (see, to that effect, judgment in Dansk Rørindustri and Others v Commission , C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 142 and 143 and the case-law cited). | 142. It is settled case-law that it is sufficient for the Commission to show that the undertaking concerned participated in meetings at which anti-competitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participation in those meetings was without any anti-competitive intention by demonstrating that it had indicated to its competitors that it was participating in those meetings in a spirit that was different from theirs (see, in particular, Joined Cases C-204/00 P, C-205/00 P, C‑211/00 P, C-213/00 P, C-217/00 P and C-219/00 P Aalborg Portland and Others v Commission [2004] ECR I-123, paragraph 81 and the case-law cited). | 1 |
1,318 | 36. As the European Commission has observed in its written observations, it follows from the case-law of the Court that the automatic exclusion of candidates or tenderers who are in such a relationship with other candidates or tenderers goes beyond what is necessary to prevent collusive behaviour and, therefore, to ensure the application of the principle of equal treatment and observance of the obligation of transparency. Such an automatic exclusion constitutes an irrebutable presumption of mutual interference in the respective tenders, for the same contract, of undertakings linked by a relationship of control or of association. Accordingly, it precludes the possibility for those candidates or tenderers of showing that their tenders are independent and is therefore contrary to the EU interest in ensuring the widest possible participation by tenderers in a call for tenders (see, to that effect, judgments in Assitur , C‑538/07, EU:C:2009:317, paragraphs 28 to 30, and Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraphs 39 and 40). | 27 The same interpretation must apply as regards Directive 69/169 which, like Regulation No 918/83, is limited to providing for a system of exemptions applicable to goods whose importation is not otherwise prohibited on one of the grounds set out in the preceding paragraph of this judgment. | 0 |
1,319 | 40
In that context, it should be pointed out that there is nothing to prevent a Member State from providing for the imposition of a fine for the infringement of a requirement such as that of submitting to the competent authorities a list of statements from purchasers of heating fuel sold. The power which a Member State has to impose such a penalty must be exercised in accordance with EU law and its general principles, including the principle of proportionality. In order to assess whether that penalty is consistent with that principle, it is for the national courts to take into account, inter alia, the nature and degree of seriousness of the infringement which that penalty seeks to sanction and also the means of establishing its amount (see, by analogy, judgment of 19 July 2012 in Rēdlihs, C‑263/11, EU:C:2012:497, paragraphs 44 to 47). | 46. Such penalties must not, however, go further than is necessary to attain those objectives (see, to that effect, Joined Cases C-95/07 and C-96/07 Ecotrade [2008] ECR I-3457, paragraphs 65 to 67, and Case C-284/11 EMS-Bulgaria Transport [2012] ECR, paragraph 67). | 1 |
1,320 | 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). | 35 The answer to the question submitted by the High Court of Justice must therefore be that Article 6 of Directive 79/7 does not require that an individual should be able to obtain interest on arrears of a social security benefit such as invalid care allowance, when the delay in payment of the benefit is the result of discrimination prohibited by Directive 79/7. However, a Member State is required to make reparation for the loss and damage caused to an individual as a result of the breach of Community law. Where the conditions for State liability are fulfilled, it is for the national court to apply that principle. | 0 |
1,321 | 57
Admittedly, the Court ruled in its judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988, paragraphs 13 to 16, 31 and 36), that a tenderer whose offer had been excluded by the contracting authority from a public procurement procedure could be refused access to a review of the decision awarding the public contract. However, the decision to exclude that tenderer had, in that case, been confirmed by a decision that had the force of res judicata before the court hearing the review of the contract award decision gave its decision, so that that tenderer had to be regarded as definitively excluded from the public procurement procedure at issue. | 69. By virtue in particular of Article 4(3) TEU, all the authorities of the Member States must ensure the observance of the rules of European Union law within the sphere of their competence (see, to that effect, Case C‑2/06 Kempter [2008] ECR I‑411, paragraph 34 and the case-law cited). | 0 |
1,322 | 19. With regard to freedom of establishment, it should be noted that, according to settled case-law, this includes the right to take up and practice activities as a self-employed person (C-9/02 De Lasteyrie du Saillant [2004] ECR I-2409, paragraph 40 and case-law cited therein). | 29. Heading 0207 refers to ‘meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen’. The application of that heading to salted meat is not provided for or precluded by either its wording or structure. | 0 |
1,323 | 21. In that respect, although the Member States are competent, under Article 165(1) TFEU, as regards the content of teaching and the organisation of their respective education systems, they must exercise that competence in compliance with EU law and, in particular, in compliance with the Treaty provisions on the freedom to move and reside within the territory of the Member States, as conferred by Article 21(1) TFEU on all citizens of the European Union (see, Morgan and Bucher , paragraph 24, and Prinz and Seeberger , paragraph 26 and the case-law cited). | 55. It follows that, in so far as the third ground of appeal is directed against that reference, it is irrelevant and therefore unfounded. | 0 |
1,324 | 19. The Court has consistently held that once the Community has established a common market organisation in a particular sector, it is for the Community to seek solutions to problems arising in the context of the common agricultural policy. Member States must therefore refrain from taking any unilateral measure in that area, even if that measure is likely to support the common policy of the Community ( Commission v France , paragraph 18, Italy v Commission , paragraph 19, and Zoni , paragraph 26). | 40. En effet, c’est la question de savoir si l’opérateur a acquitté la taxe en son nom et pour son propre compte qui constitue l’aspect déterminant pour l’inclusion d’une taxe dans la valeur du bien livré. Si tel est le cas, la contrepartie qui est prise en compte pour le calcul de la base imposable inclut le montant de la taxe en question. Or, dès lors que, en cas de livraison, les redevables de la taxe litigieuse sont les distributeurs de voitures en Pologne, cette taxe doit, en principe, être incluse dans la base d’imposition de la TVA, conformément à l’article 78, premier alinéa, sous a), de la directive 2006/112. | 0 |
1,325 | 28. It should be observed at the outset that it is apparent from both its title, preamble, content and purpose that Directive 2000/78 seeks to lay down a general framework in order to guarantee equal treatment ‘in employment and occupation’ to all persons, by offering them effective protection against discrimination on one of the grounds covered by Article 1, which include age (judgments in Hütter , C‑88/08, EU:C:2009:381, paragraph 33, and Georgiev , C‑250/09 and C‑268/09, EU:C:2010:699, paragraph 26). | 17. Moreover, although it is not disputed that Community law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine the conditions on which social security benefits are granted, it is nevertheless the case that, when exercising that power, the Member States must comply with Community law (see, among others, Smits and Peerbooms , paragraphs 44 to 46, and Müller-Fauré and Van Riet , paragraph 100, and the case-law cited therein). | 0 |
1,326 | 136. It has consistently been held that the statement of the reasons on which a judgment is based must clearly and unequivocally disclose the General Court’s reasoning in such a way as to enable the persons concerned to ascertain the reasons for the decision taken and the Court of Justice to exercise its power of review (see, in particular, Case C‑259/96 P Council v de Nil and Impens [1998] ECR I‑2915, paragraphs 32 and 33, and Case C‑449/98 P IECC v Commission [2001] ECR I‑3875, paragraph 70). | 33. In any event, the fact remains that, although the requirement as to legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position must be interpreted in the light of the principle of effective judicial protection, such an interpretation cannot have the effect of setting aside that condition without going beyond the jurisdiction conferred by the EC Treaty on the Community courts ( Reynolds Tobacco and Others v Commission , paragraph 81). | 0 |
1,327 | 26. As the Court has already stated, the purpose of the Directive is to lay down a number of rules on the holding, movement and monitoring of products subject to excise duty, in particular so as to ensure that chargeability of excise duties is identical in all the Member States (Case C-296/95 EMU Tabac and Others [1998] ECR I-1605, paragraph 22; Case C-325/99 van de Water [2001] ECR I-2729, paragraph 39; Case C-395/00 Cipriani [2002] ECR I-11877, paragraph 41; and Case C-5/05 Joustra [2006] ECR I-11075, paragraph 27). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,328 | 55
It must first of all be recalled that the General Court alone has jurisdiction to examine how in each particular case the Commission assessed the gravity of unlawful conduct. In an appeal, the purpose of review by the Court of Justice is, first, to examine to what extent the General Court took into consideration, in a legally correct manner, all the essential factors to assess the gravity of particular conduct in the light of Article 101 TFEU and Article 23 of Regulation No 1/2003 and, second, to consider whether the General Court responded to a sufficient legal standard to all the arguments raised in support of the claim for cancellation or reduction of the fine (see, inter alia, judgments of 17 December 1998, Baustahlgewebe v Commission, C‑185/95 P, EU:C:1998:608, paragraph 128; of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 244; and of 5 December 2013, Solvay Solexis v Commission, C‑449/11 P, not published, EU:C:2013:802, paragraph 74). | 41. First, landscape features are physical elements of the environment. The requirements relating to the retention of those features must contribute to their preservation as such. | 0 |
1,329 | 68 In that regard, it follows from Article 225 EC, the first paragraph of Article 51 of the EC Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see, in particular, Case C-352/98 P Bergadem and Goupil v Commission [2000] ECR I-5291, paragraph 34). | 21 HOWEVER , THESE FORMULATIONS MERELY GIVE EXPRESSION TO THE REQUIREMENT , WHICH IS INHERENT IN THE VERY PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS , THAT THE ADVANTAGES WHICH COMMUNITY LAW CONFERS IN THE NAME OF THAT FREEDOM MAY BE RELIED UPON ONLY BY PERSONS WHO ACTUALLY PURSUE OR SERIOUSLY WISH TO PURSUE ACTIVITIES AS EMPLOYED PERSONS . THEY DO NOT , HOWEVER , MEAN THAT THE ENJOYMENT OF THIS FREEDOM MAY BE MADE TO DEPEND UPON THE AIMS PURSUED BY A NATIONAL OF A MEMBER STATE IN APPLYING FOR ENTRY UPON AND RESIDENCE IN THE TERRITORY OF ANOTHER MEMBER STATE , PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN ACTIVITY WHICH MEETS THE CRITERIA SPECIFIED ABOVE , THAT IS TO SAY , AN EFFECTIVE AND GENUINE ACTIVITY AS AN EMPLOYED PERSON .
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1,330 | 54. In accordance with well-established case-law in the area of VAT, the term fixed establishment implies a minimum degree of stability derived from the permanent presence of both the human and technical resources necessary for the provision of given services (Case 168/84 Berkholz [1985] ECR 2251, paragraph 18; DFDS , paragraph 20; Case C‑190/95 ARO Lease [1997] ECR I‑4383, paragraph 15). It thus requires a sufficient degree of permanence and a structure adequate, in terms of human and technical resources, to supply the services in question on an independent basis ( ARO Lease , paragraph 16). | 57 It is settled case-law that the Court can provide the national court with an interpretation of Community law which may assist it in deciding the case in the main proceedings (Case C-175/99 Mayeur [2000] ECR I-7755, paragraph 22). | 0 |
1,331 | 79. That provision lays down two conditions for the exclusion of a project from the scope of Directive 85/337. The first requires the details of the project to be adopted by a specific legislative act. Under the second, the objectives of the directive, including that of supplying information, must be achieved through the legislative process (see Case C-435/97 WWF and Others [1999] ECR I-5613, paragraph 57; Boxus and Others , paragraph 37; and Solvay and Others , paragraph 31). | 69. However, the tax burden on both categories of used car is the same only if the amount of a consumption tax such as the NoVA base tax charged on used cars from another Member State does not exceed the amount of the residual NoVA base tax incorporated in the value of a similar used car already registered in the State (see, to that effect, Nunes Tadeu , paragraph 20, and Gomes Valente , paragraph 23). | 0 |
1,332 | 59. In that connection, it must be observed that, according to settled case-law, the fact that an activity referred to in a directive does not yet exist in a Member State cannot release that State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed (Case C‑339/87 Commission v Netherlands [1990] ECR I-851, paragraph 22; Case C‑214/98 Commission v Greece [2000] ECR I-9601, paragraph 22; Case C‑372/00 Commission v Ireland [2001] ECR I-10303, paragraph 11; and Case C‑441/00 Commission v United Kingdom [2002] ECR I-4699, paragraph 15). | 60. In its action before the Court of First Instance, TU maintains that the excessive duration of the administrative procedure had an impact on the exercise of its rights of defence and, accordingly, on the outcome of the procedure initiated against it. It claims that its defence was thus already impeded at the time when it received the statement of objections. | 0 |
1,333 | 48 That argument must be rejected. It fails to take account of the fact that, since trade-mark rights are territorial, the function of the trade mark is to be assessed by reference to a particular territory (paragraph 18 of HAG II). | 21. The Court has made it clear that that interpretation results in the exclusion of certain judicial decisions from the scope of the Brussels Convention, owing either to the legal relationships between the parties to the action or to its subject-matter (LTU , paragraph 4, and Baten , paragraph 29). | 0 |
1,334 | 104
Secondly, when aid granted by a Member State strengthens the position of an undertaking compared with other undertakings competing in trade between Member States, that undertaking must be regarded as affected by that aid (see, inter alia, judgments of 10 January 2006, Cassa di Risparmio di Firenze and Others, C‑222/04, EU:C:2006:8, paragraph 141, and of 8 May 2013, Libert and Others, C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 77). In that regard, it is not necessary that the beneficiary undertaking itself be involved in trade between Member States. Where a Member State grants aid to an undertaking, internal activity may be maintained or increased as a result, so that the opportunities for undertakings established in other Member States to penetrate the market in that Member State are thereby reduced (judgment of 8 May 2013, Libert and Others, C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 78 and the case-law cited). | 41. As rightly observed by the French Government in its written observations, since Article 4(5) of the Convention requires the national court to apply the law of the country with which the contract is most closely connected and refrain from applying the law applicable determined on the basis of the criteria set out in Article 4(2) to (4), a fortiori that court must apply the law of the country with which the contract is most closely connected, as provided for in Article 4(1), where Article 4(4) does not enable the law applicable to a contract for the carriage of goods to be identified (see, to that effect, ICF , EU:C:2009:617, paragraphs 63 and 64). | 0 |
1,335 | 50. It follows that legislation such as that at issue in the main proceedings does not, by itself, establish a direct link between, first, the tax advantage consisting of the depreciation of the goodwill and, second, the levy consisting of the taxation in so far as concerns the parent company of the capital gain realised upon the disposal of a holding in its subsidiary, such that it could not be considered that difference in treatment, such as that at issue in the main proceedings, is justified by the need to ensure the coherence of the tax system of the Member State concerned (see, to that effect, judgment in Commission v Spain , C‑269/09, EU:C:2012:439, paragraph 87). | 173. As is also clear from the Court’s case-law, the text of Article 7 of the Habitats Directive states that Article 6(2) to (4) of that directive replaces the first sentence of Article 4(4) of the Birds Directive as from the date of implementation of the Habitats Directive or the date of classification by a Member State under the Birds Directive, where the latter date is later. It is clear, therefore, that areas which have not been classified as SPAs but which should have been so classified continue to fall under the regime governed by the first sentence of Article 4(4) of the Birds Directive (Case C‑374/98 Commission v France , paragraphs 46 and 47). | 0 |
1,336 | 24. In that connection, it should be stressed that the burden of proof lies with the producer wishing to claim MET under Article 2(7)(b) of the basic regulation. To that end, the first subparagraph of Article 2(7)(c) provides that the claim submitted by such a producer must contain sufficient evidence, as laid down in that provision, that the producer operates under market economy conditions. Accordingly, there is no obligation on the EU institutions to prove that the producer does not satisfy the conditions laid down for the recognition of such status. By contrast, it is for the EU institutions to assess whether the evidence supplied by the producer concerned is sufficient to show that the criteria laid down in the first subparagraph of Article 2(7)(c) of the basic regulation are fulfilled in order to grant it MET and it is for the EU judicature to examine whether that assessment is vitiated by a manifest error (see Brosmann Footwear (HK) and Others v Council , paragraph 32). | 27. Thus, for the purposes of the application of Directive 98/59, an ‘establishment’, in the context of an undertaking, may consist of a distinct entity, having a certain degree of permanence and stability, which is assigned to perform one or more given tasks and which has a workforce, technical means and a certain organisational structure allowing for the accomplishment of those tasks. | 0 |
1,337 | 7 As the Court has held, only intervention undertaken in accordance with the Community rules within the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). In that context, it is for the Commission to prove an infringement of the rules on the common organisation of the agricultural markets (see Case C-281/89 Italy v Commission [1991] ECR I-347, paragraph 19; Case C-55/91 Italy v Commission [1993] ECR I-4813, paragraph 13; and Case C-253/97, cited above, paragraph 6). Accordingly, the Commission is obliged to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question (Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23). | 36. Accordingly, the fuel management agreement is not a contract for the supply of fuel, but rather a contract to finance its purchase. Auto Lease does not purchase the fuel in order subsequently to resell it to the lessee; the lessee purchases the fuel, having a free choice as to its quality and quantity, as well as the time of purchase. Auto Lease acts, in fact, as a supplier of credit vis-à-vis the lessee. | 0 |
1,338 | 27
Nonetheless, in situations covered by EU law, the national rules concerned must have due regard to the latter (see judgment of 2 March 2010 in Rottmann, C‑135/08, EU:C:2010:104, paragraph 41 and the case-law cited). | 30. The notion of "genuine use" also appears in Articles 15 and 50 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) as a prerequisite for revocation of the rights conferred by such a trade mark. | 0 |
1,339 | 45. The Court however held that such private use did not amount to a letting for the purposes of Article 13B(b) of the Sixth Directive ( Seeling , paragraphs 49 to 52). | 81. A justification connected with the need to safeguard the balanced allocation of powers of taxation between the Member States may be accepted, in particular, where the tax system in question is designed to prevent conduct capable of jeopardising the right of a Member State to exercise its powers of taxation in relation to activities carried on in its territory (see Case C‑347/04 Rewe Zentralfinanz [2007] ECR I‑2647, paragraph 42; Case C‑231/05 Oy AA [2007] ECR I‑6373, paragraph 54; Aberdeen Property Fininvest Alpha , paragraph 66; and Case C‑284/09 Commission v Germany [2011] ECR I‑9879, paragraph 77). | 0 |
1,340 | 43. In that regard, it should be noted that, according to consistent case-law, activities which consist in allowing users to participate, for remuneration, in gambling constitute ‘services’ within the meaning of Article 49 EC (see, in particular, Case C‑275/92 Schindler [1994] ECR I‑1039, paragraph 25, and Case C‑67/98 Zenatti [1999] ECR I‑7289, paragraph 24). The same applies to the activity of promoting and placing gambling, such an activity constituting only specific steps in the organisation or operation of the gambling to which that activity relates (see, in particular, Schindler , paragraphs 22 and 23). | 14 It follows from that answer that there is no need to reply to the second and third questions submitted for a preliminary ruling, which are based on the assumption that the proportion of the stakes which corresponds to the winnings paid out forms part of the consideration for the service provided and must be included in the taxable amount. | 0 |
1,341 | 75. En effet, seules ces propositions de mesures utiles sont soumises à l’acceptation des États membres, comme l’indique le point 197 des lignes directrices agricoles, alors que les autres dispositions de ces dernières constituent seulement des règles générales indicatives qui s’imposent à la Commission (voir, en ce sens, arrêt du 13 juin 2002, Pays-Bas/Commission, C‑382/99, Rec. p. I‑5163, point 24 et jurisprudence citée), sans lier les États membres. Elles ne sauraient a fortiori lier le Conseil dans la mesure où l’article 108, paragraphe 2, troisième alinéa, TFUE lui donne le pouvoir de déroger, dans des circonstances exceptionnelles, aux dispositions de l’article 107 TFUE ou aux règlements prévus à l’article 109 TFUE. | 50. Accordingly, although the European Union is not a contracting party to the Rome Convention, it is none the less required, under Article 1(1) of the WPPT, not to stand in the way of the obligations of the Member States under that convention. Accordingly, that convention has indirect effects within the European Union. | 0 |
1,342 | 35
Moreover, the opportunity open to individuals to plead the invalidity of an EU act of general application before national courts is not conditional upon that act actually having been the subject of implementing measures adopted pursuant to national law. In that respect, it is sufficient if the national court is called upon to hear a genuine dispute in which the question of the validity of such an act is raised indirectly. That condition is fulfilled in the case of the main proceedings, as is apparent from paragraph 33 of this judgment (see, by analogy, judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 40, and Gauweiler and Others, C‑62/14, EU:C:2015:400, paragraph 29). | 81
Further, the indication of the legal basis is of particular significance in order to preserve the prerogatives of the EU institutions concerned by the procedure for the adoption of a measure (judgment of 25 October 2017, Commission v Council (WRC‑15), C‑687/15, EU:C:2017:803, paragraph 50). | 0 |
1,343 | 32. Moreover, as observed by the Advocate General at point 47 of his Opinion, the imposition of VAT on such services respects the principle of fiscal neutrality, which precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (Case C-109/02 Commission v Germany [2003] ECR I-12691, paragraph 20). | 22 It is clear from those provisions that taking account of all elements ° profits made, charges, income, liabilities and losses ° which actually relate to the financial year in question ensures observance of the requirement of a true and fair view. | 0 |
1,344 | 35 The Court has also held that it follows from the same requirements of legal certainty that it is not possible for a recipient of State aid, forming the subject-matter of a Commission decision addressed directly solely to the Member State from which that beneficiary came, who could undoubtedly have challenged that decision and who allowed the mandatory time-limit laid down in this regard by the fifth paragraph of Article 230 EC to pass, to call in question the lawfulness of that decision before the national courts in an action brought against the measures taken by the national authorities in implementation of that decision (TWD Textilwerke Deggendorf, paragraphs 17 and 20, and Wiljo, paragraphs 20 and 21). The Court has taken the view that to find otherwise would enable the recipient of the aid to overcome the definitive nature which a decision necessarily assumes, by virtue of the principle of legal certainty, once the time-limit laid down for bringing proceedings has passed (TWD Textilwerke Deggendorf, paragraph 18, and Wiljo, paragraph 21). | 20 Therefore it is necessary to determine whether or not the advantages arising from a system such as that applicable to the ISR are to be viewed as being granted through State resources. | 0 |
1,345 | 23. In accordance with the fifth recital in the preamble to Directive 89/105, the purpose of that directive is to ensure transparency of pricing, including the manner in which it operates in individual cases and the criteria on which it is based, and to provide public access to pricing arrangements for all those involved in the market in medicinal products in the Member States (see, to that effect, judgment in Pohl-Boskamp , C‑317/05, EU:C:2006:684, paragraph 29). | 23. À cet égard, la Cour a déjà jugé que les règles de compétences spéciales, telles que celle prévue à l’article 5, point 1, sous a), du règlement n° 44/2001, sont d’interprétation stricte (arrêt ÖFAB, précité, point 31), et que les termes «matière contractuelle», figurant à cette disposition ne sauraient être compris comme visant une situation dans laquelle il n’existe aucun engagement librement assumé d’une partie envers une autre (voir arrêts du 17 juin 1992, Handte, C‑26/91, Rec. p. I‑3967, point 15; du 27 octobre 1998, Réunion européenne e.a., C‑51/97, Rec. p. I‑6511, point 17; du 17 septembre 2002, Tacconi, C‑334/00, Rec. p. I‑7357, point 23; du 5 février 2004, Frahuil, C‑265/02, Rec. p. I‑1543, point 24; du 20 janvier 2005, Engler, C‑27/02, Rec. p. I-481, point 50, et ÖFAB, précité, point 33). | 0 |
1,346 | 25. It follows therefrom, firstly, that all the elements of the transaction at issue in the main proceedings appear to be necessary to its completion and, secondly, they are all closely linked. In those circumstances, it is not possible, without undue contrivance, to take the view that such a consumer will acquire, firstly, the fibre-optic cable and, subsequently, from the same supplier, the supply of services relating to the laying thereof (see, by analogy, Levob Verzekeringen and OV Bank , paragraph 24). | 18 The first condition is that losses carried forward must be economically linked to the income earned in the Member State in which tax is charged, so that only losses arising from the non-resident taxpayer's activities in that State can be carried forward. | 0 |
1,347 | 45. It is clear from Article 130r of the EC Treaty (now, after amendment, Article 174 EC) that the protection of human health is one of the objectives of the Community policy on the environment, that that policy aims at a high level of protection and is to be based inter alia on the precautionary principle, and that the requirements of that policy must be integrated into the definition and implementation of other Community policies. In addition, it follows from the case-law of the Court that the precautionary principle may also apply in policy on the protection of human health which, according to Article 129 of the EC Treaty (now, after amendment, Article 152 EC) likewise aims at a high level of protection (see, to that effect, Case C-157/96 National Farmers’ Union and Others [1998] ECR I-2211, paragraphs 63 and 64; Case C-236/01 Monsanto Agricoltura Italia and Others [2003] ECR I-8105, paragraphs 128 and 133; Commission v Denmark , paragraph 49; and Commission v France , paragraph 56; see also, to that effect, Case T-13/99 Pfizer Animal Health v Council [2002] ECR II-3305, paragraphs 139 and 140; Case T-70/99 Alpharma v Council [2002] ECR II-3495, paragraphs 152 and 153; and Case T-177/02 Malagutti-Vezinhet v Commission [2004] ECR II‑0000, paragraph 54). | 128. In such a case, the question arises in particular whether the simplified procedure, which does not require a comprehensive risk assessment, is coupled with detailed rules sufficient to ensure a high level of protection of human health and the environment within the meaning of Articles 152(1) EC and 174(2) EC respectively and to guarantee compliance with the precautionary principle and the principle of proportionality. | 1 |
1,348 | 37. In so far as Article 5(3) of that regulation constitutes an exception to the normal export refund procedure, it must be interpreted strictly. Since the existence of force majeure is an essential condition of being able to claim payment of refunds for exported goods which have not been released for consumption in the non‑member country of import, it follows that that term must be interpreted in such a way that the number of cases capable of benefiting from such payment remains limited ( SGS Belgium and Others , paragraph 46, and, by analogy, Case C‑38/07 P Heuschen & Schrouff Oriëntal Foods Trading v Commission [2008] ECR I‑8599, paragraph 60). | 27. Il importe également de rappeler qu’il est de jurisprudence constante qu’un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir arrêts du 15 juin 2000, Commission/Grèce, C‑470/98, Rec. p. I-4657, point 11, et du 7 décembre 2000, Commission/Italie, C‑423/99, Rec. p. I-11167, point 10). | 0 |
1,349 | 14 The Court held that the Community regulation in question left the competent national authorities a sufficiently wide margin of appreciation to enable them to apply that regulation without depriving the lessee, on the expiry of the tenancy, of the fruits of his labour and his investments in the let holding without any compensation (paragraph 22), that is, without disregarding the requirements of the protection of fundamental rights in the Community legal order (paragraph 23). | 26
At the outset, it must be observed that the questions referred for a preliminary ruling are based on the premiss, which Polbud disputes, that Polbud did not intend to transfer its real head office to Luxembourg. | 0 |
1,350 | 55
In the fifth place, as regards the Commission’s argument that the judgment under appeal undermines the principle of legal certainty, it is settled case-law that a decision which has not been challenged by its addressee within the period prescribed by Article 263 TFEU becomes definitive as against him (see to that effect, inter alia, judgments of 17 November 1965 in Collotti v Court of Justice, 20/65, EU:C:1965:115, and 9 March 1994 in TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraph 13). | 47. According to the German Government, the difference in treatment found in paragraph 43 above is justified by the aim of rewarding previous professional experience in a standard manner, whilst guaranteeing a uniform administrative practice. | 0 |
1,351 | 40. It should be added that the distinction that should be made between different work patterns in relation to the accumulation of the entitlement to paid annual leave has, however, no effect on the exercise of accrued rights. As is apparent from the case-law, annual leave acquired during a reference period can be taken during a subsequent period, and the significance of the rest period acquired remains with regard to the positive effect of paid annual leave on the safety and health of the worker if it is taken not during the period in which it accrued, in which the worker worked full-time, but during a later period in which he works part-time (see, inter alia, judgments in Federatie Nederlandse Vakbeweging , C‑124/05, EU:C:2006:244, paragraph 30, and KHS , C‑214/10, EU:C:2011:761, point 32). | 14 THE EXPERTS ' REPORT ON THE CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS ( OFFICIAL JOURNAL 1980 , C 282 , P . 1 ) EXPLAINS IN THAT RESPECT THAT THE ADOPTING OF A SPECIAL CONFLICT RULE IN RELATION TO CONTRACTS OF EMPLOYMENT WAS INTENDED TO PROVIDE AN APPROPRIATE ARRANGEMENT FOR MATTERS IN WHICH THE INTERESTS OF ONE OF THE CONTRACTING PARTIES WERE NOT THE SAME AS THOSE OF THE OTHER AND TO SECURE THEREBY ADEQUATE PROTECTION FOR THE PARTY WHO FROM THE SOCIO-ECONOMIC POINT OF VIEW WAS TO BE REGARDED AS THE WEAKER IN THE CONTRACTUAL RELATIONSHIP .
| 0 |
1,352 | 43. The Court has already held that the Explanatory Notes to the CN and those to the HS are, for their part, an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (Case C‑495/03 Intermodal Transports [2005] ECR I‑8151, paragraph 48; Case C‑445/04 Possehl Erzkontor [2005] ECR I‑10721, paragraph 20; and Case C‑500/04 Proxxon [2006] ECR I‑1545, paragraph 22). | 48. The explanatory notes to the CN and those to the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (see, inter alia, DFDS , cited above, paragraph 28). The content of those notes must therefore be compatible with the provisions of the CN and may not alter the meaning of those provisions (see, in particular, Case C-280/97 ROSE Electrotechnik [1999] ECR I-689, paragraph 23, and Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 20). | 1 |
1,353 | 21. Il ressort d’une jurisprudence constante que la libre prestation des services prévue à l’article 56 TFUE exige non seulement l’élimination de toute discrimination à l’encontre du prestataire de services établi dans un autre État membre en raison de sa nationalité, mais également la suppression de toute restriction, même si elle s’applique indistinctement aux prestataires nationaux et à ceux des autres États membres, lorsqu’elle est de nature à prohiber, à gêner ou à rendre moins attrayantes les activités du prestataire établi dans un autre État membre, où il fournit légalement des services analogues (voir, en ce sens, arrêt du 18 juillet 2013, Citroën Belux, C‑265/12, point 35 et jurisprudence citée). | 25 It follows that Articles 2(1) and 5(1) of Directive 76/207 preclude dismissal of a female worker at any time during her pregnancy for absences due to incapacity for work caused by an illness resulting from that pregnancy. | 0 |
1,354 | 21 Article 51 of the Treaty entrusted the Council with the task of adopting such measures in the field of social security as are necessary to provide freedom of movement for workers. The provisions of Regulation No 1408/71 must therefore be interpreted in the light of that objective (see, in particular, the judgment in Case C-406/93 Reichling v INAMI [1994] ECR I-4061, paragraph 21). | 83. According to equally well-established case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the overall structure of the system of which they form part (see, to that effect, inter alia, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , paragraph 42, and Portugal v Commission , paragraph 52). | 0 |
1,355 | 20. The Court has consistently held that the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty (see, in particular, Case 168/85 Commission v Italy [1986] ECR 2945, paragraph 11, Case C-120/88 Commission v Italy [1991] ECR I-621, paragraph 10, and C-119/89 Commission v Spain [1991] ECR I-641, paragraph 9). The purpose of that right is to ensure that provisions of Community law prevail over national provisions. It cannot, in every case, secure for individuals the benefit of the rights conferred on them by Community law and, in particular, avoid their sustaining damage as a result of a breach of Community law attributable to a Member State. As appears from paragraph 33 of the judgment in Francovich and Others , the full effectiveness of Community law would be impaired if individuals were unable to obtain redress when their rights were infringed by a breach of Community law. | 27 The Commission claims that this is indeed the case and that consequently any difference in treatment based on sex would be permissible only if it were objectively justified. Statistical data based on the life expectancy of the two sexes do not, in its view, constitute an objective justification because they reflect averages calculated on the basis of the entire male and female population whereas the right to equal treatment in the matter of pay is a right given to employees individually and not because they belong to a particular class. | 0 |
1,356 | 54. Should the taxable person choose to treat capital goods used for both business and private purposes as business assets, the input VAT due on the acquisition of those goods is, in principle, fully and immediately deductible. In those circumstances, where goods allocated to the business have created an entitlement to full or partial deduction of input VAT paid, their use for the private purposes of the taxable person or of his staff or for purposes other than those of his business is treated as a supply of services for consideration, pursuant to Article 26(1) of the VAT Directive (see, to that effect, Charles and Charles‑Tijmens , paragraphs 24 and 25 and case-law cited, and Vereniging Noordelijke Land- en Tuinbouw Organisatie , paragraph 37). | 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 |
1,357 | 51. In that connection, it must be recalled that the principle of sincere cooperation — which, before the entry into force of the Lisbon Treaty, was laid down in Article 10 EC and which is now laid down in Article 4(3) TEU — involves an obligation, for Member States, to take all measures necessary to guarantee the application and effectiveness of EU law and imposes on the institutions of the European Union duties of mutual respect and assistance with regard to the Member States in carrying out the tasks flowing from the Treaties (see, to that effect, judgments in First and Franex , C‑275/00, EU:C:2002:711, paragraph 49, and Ireland v Commission , EU:C:2003:545, paragraph 71). | 31. In that regard, it should be stated that the product at issue in the main proceedings is admittedly not identical to the product described in point 3 of the table set out in the Annex to Regulation No 442/2000, in that it does not correspond, in every respect, to the description of the goods contained in that point. Consequently, as the Netherlands Government correctly points out in its written observations, that regulation is not directly applicable to that product. | 0 |
1,358 | 15 It is clear from both the sixth recital in the preamble to that directive and the terms of Article 2(1) thereof, that its object was to inform and protect the ultimate consumer of foodstuffs, in particular as regards the nature, identity, properties, composition, quantity, durability, origin or provenance, and the method of manufacture or production thereof (Smanor SA, cited above, paragraph 30). | 30 It should be pointed out that it is clear from both the statement of the reasons on which the directive is based and the terms of Article 2 thereof, that its object was to inform and protect the ultimate consumer of foodstuffs, in particular as regards the nature, identity, properties, composition, quantity, durability, origin or provenance, and the method of manufacture or production thereof . | 1 |
1,359 | 28 The term act of general application has been interpreted by the Court of Justice and the Court of First Instance in connection with the application of Articles 230 EC and 249 EC. According to settled case-law, an act is regarded as being of general application if it applies to objectively determined situations and entails legal effects for categories of persons regarded generally and in the abstract (see, in particular, Joined Cases 789/79 and 790/79 Calpak and Società Emiliana Lavorazione Frutta v Commission [1980] ECR 1949, paragraph 9, and Case C-41/99 P Sadam Zuccherifici and Others v Council [2001] ECR I-4239, paragraph 24). | 46. The principle of equal treatment will not, however, be infringed if the different treatment of the steel sector on the one hand and the chemical and non-ferrous metal sectors on the other is justified. | 0 |
1,360 | 50. Thus, by the adoption of Article 3(1) of Regulation No 2988/95 and without prejudice to Article 3(3) thereof, the EU legislature thereby defined a general rule on limitation by which it voluntarily reduced to four years the period during which the authorities of the Member States, acting in the name and on behalf of the Community budget, should recover or should have recovered such wrongly received advantages (judgment in Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others , EU:C:2009:38, paragraph 29), with the exception, however, of the bringing of proceedings in respect of errors or irregularities committed by the national authorities themselves (see, to that effect, judgment in Bayerische Hypotheken- und Vereinsbank , C-281/07, EU:C:2009:6, paragraph 22). | 27. In that regard, the Court has already accepted that the objective, pursued by a Member State, of defending and promoting one or several of its official languages constitutes an overriding reason in the public interest (see, to that effect, Case C‑379/87 Groener [1989] ECR 3967, paragraph 19, and United Pan-Europe Communications Belgium and Others , paragraph 43). | 0 |
1,361 | 28. So far as concerns Articles 49 TFEU and 56 TFEU, according to settled case-law of the Court, those provisions preclude any national measure which, even though it is applicable without discrimination on grounds of nationality, is liable to prohibit, impede or render less attractive the exercise by nationals of the European Union of the freedom of establishment and the freedom to provide services guaranteed by those provisions of the Treaty (see, inter alia, Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraph 41). | 22 The answer to the third question must therefore be that Article 11 A 3(b ) of the Sixth Directive must be interpreted as meaning that the expression "price discount and rebates allowed to the customer and accounted for at the time of the supply" covers the difference between the normal retail selling price of the goods supplied and the sum of money actually received by the retailer for those goods where the retailer accepts from the customer a coupon which he gave to the customer upon a previous purchase made at the normal retail selling price .
The other questions | 0 |
1,362 | 58 As the Court has already observed, only intervention undertaken in accordance with the Community rules within the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 14). In that context, it is for the Commission to prove an infringement of the rules on the common organisation of the agricultural markets (see Case 347/85 United Kingdom v Commission [1988] ECR 1749, paragraph 16; Case C-281/89 Italy v Commission [1991] ECR I-347, paragraph 13; Case C-55/91 Italy v Commission [1993] ECR I-4813, paragraph 13; and Case C-48/91, cited above, paragraph 18). Accordingly, the Commission is obliged to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question (Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23). | 34. Article 33 of the Sixth Directive does not, on the other hand, preclude the maintenance or introduction of a tax which does not display one of the essential characteristics of VAT ( Solisnor-Estaleiros Navais , paragraphs 19 and 20). | 0 |
1,363 | 43. Furthermore, it follows from Article 17(2) of the Sixth Directive that, in so far as the taxable person, acting as such, uses the asset for the purposes of his taxable transactions, he is entitled to deduct VAT due or paid in respect of the asset. Conversely, where the asset is not used for the taxable person’s economic activities within the meaning of Article 4 of the directive but is used by him for private consumption, no right to deduct can arise (see, to that effect, Case C‑97/90 Lennartz [1991] ECR I‑3795, paragraphs 8 and 9). | 9. Il convient de rappeler que, selon une jurisprudence constante, d’une part, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9). | 0 |
1,364 | 106
In that regard, it must be recalled that, according to the case-law of the Court, an interest in bringing proceedings and locus standi are distinct conditions for admissibility which must be satisfied by a natural or legal person cumulatively in order to be admissible to bring an action for failure to act under the third paragraph of Article 265 TFEU (see, by analogy, judgment of 17 September 2015, Mory and Others v Commission, C‑33/14 P, EU:C:2015:609, paragraph 62). | 44. In addition, that request must relate to all sections of the tender which are imprecise or which do not meet the technical requirements of the tender specifications, without the contracting authority being entitled to reject a tender because of the lack of clarity of a part thereof which was not covered in that request. | 0 |
1,365 | 78. In that regard, it is important to note that the Court of First Instance has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. The appraisal of the facts thus does not, save where the clear sense of the evidence before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Joined Cases C‑456/01 P and C‑457/01 P Henkel v OHIM [2004] ECR I‑5089, paragraphs 41 and 56, and Case C-238/06 P Develey v OHIM [2007] ECR I‑9375, paragraph 97). | 41. The actual application by the Court of First Instance of those criteria to this case involves findings of a factual nature. The Court of First Instance has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. That appraisal thus does not, save where the clear sense of the evidence produced to it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Case C-104/00 P DKV v OHIM [2002] ECR I-7561, paragraph 22). | 1 |
1,366 | 31. In that regard, it should be recalled from the outset that it is essential that the proprietor of a trade mark registered in one or more Member States should be able to control the initial marketing in the EEA of goods bearing that mark (see, in particular, judgments in Zino Davidoff and Levi Strauss , C‑414/99 to C‑416/99, EU:C:2001:617, paragraph 33; Makro Zelfbedieningsgroothandel and Others , C‑324/08, EU:C:2009:633, paragraph 32; and L’Oréal and Others , C‑324/09, EU:C:2011:474, paragraph 60). | 42. It is for the national court to decide whether the workers in question have made such use of the vehicles made available to them. | 0 |
1,367 | 70
In that regard, it must be stated, as regards the reception conditions and the care available in the Member State responsible, that the Member States bound by the ‘reception’ directive, including the Republic of Croatia, are required, including in the context of the procedure under the Dublin III Regulation, in accordance with Articles 17 to 19 of that directive, to provide asylum seekers with the necessary health care and medical assistance including, at least, emergency care and essential treatment of illnesses and of serious mental disorders. In those circumstances, and in accordance with the mutual confidence between Member States, there is a strong presumption that the medical treatments offered to asylum seekers in the Member States will be adequate (see, by analogy, judgment of 21 December 2011, N. S. and Others, C‑411/10 and C‑493/10, EU:C:2011:865, paragraphs 78, 80 and 100 to 105). | 21 As the Court found in that judgment, the Directive contains no express definition of that phrase (paragraph 26). | 0 |
1,368 | 35. When reviewing the exercise of such a power, the European Union Court may not substitute its own assessment for that of the European Union legislature, and must confine itself to examining whether the legislature’s assessment contains a manifest error or constitutes a misuse of powers or whether the legislature clearly exceeded the bounds of its legislative discretion (see, to that effect, Case C‑122/94 Commission v Council [1996] ECR I‑881, paragraph 18; Case C‑84/94 United Kingdom v Council [1996] ECR I‑5755, paragraph 58; SAM Schiffahrt and Stapf , paragraph 24; and Joined Cases C‑27/00 and C‑122/00 Omega Air and Others [2002] ECR I‑2569, paragraph 64). | 28. In this regard it must be noted that it is clear from the actual wording of note 1(a) to Chapter 30 of the CN that dietetic foods or beverages, other than nutritional preparations for intravenous administration, which, without being part of the daily diet, are nevertheless used purely for feeding purposes are excluded from that chapter. | 0 |
1,369 | 19. It should be noted in this respect that, according to settled case-law, Community law cannot be relied on for abusive or fraudulent ends (see, in particular, Case C- 367/96 Kefalas and Others [1998] ECR I-2843, paragraph 20; Case C-373/97 Diamantis [2000] ECR I-1705, paragraph 33, and Case C-255/02 Halifax and Others [2006] ECR I-0000, paragraph 68). | 60. Conformément à une jurisprudence constante, relèvent du champ d’application matériel des dispositions du traité relatives à la liberté d’établissement les dispositions nationales qui trouvent à s’appliquer à la détention par un ressortissant de l’État membre concerné, dans le capital d’une société établie dans un autre État membre, d’une participation lui permettant d’exercer une influence certaine sur les décisions de cette société et d’en déterminer les activités (voir, notamment, arrêts précités Baars, point 22; Cadbury Schweppes et Cadbury Schweppes Overseas, point 31, et Test Claimants in the Thin Cap Group Litigation, point 27). | 0 |
1,370 | 61. As Article 12 EC applies independently only to situations governed by Community law in regard to which the Treaty lays down no specific rules prohibiting discrimination (see inter alia Case C-379/92 Peralta [1994] ECR I-3453, paragraph 18), there is no need, in the light of the foregoing observations, to consider the question raised in the light of that provision. | 70. None the less the "standstill" clauses contained in each of those two provisions must be acknowledged to have the same meaning. | 0 |
1,371 | 39 In that connection it should be noted that Member States are required as a matter of principle to repay taxes collected in breach of Community law (Joined Cases C-192/95 to C-218/95 Comateb and Others [1997] ECR I-165, paragraph 20, and Dilexport, paragraph 23), and whilst the Court has acknowledged that, by way of exception to that principle, fixing a reasonable period for claiming repayment is compatible with Community law, that is in the interests of legal certainty, as was noted in paragraph 35 hereof. However, in order to serve their purpose of ensuring legal certainty limitation periods must be fixed in advance (Case 41/69 ACF Chemiefarma v Commission [1970] ECR 661, paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,372 | 59. On the contrary, the objective of joint and several liability resides in the fact that it constitutes an additional legal device available to the Commission to strengthen the effectiveness of the action taken by it for the recovery of fines imposed for infringement of the competition rules, since that mechanism reduces for the Commission, as creditor of the debt represented by such fines, the risk of insolvency, which is part of the objective of deterrence pursued generally by competition law, as the General Court essentially observed, correctly, at paragraph 151 of the judgment under appeal (see also, by analogy, Case C‑78/10 Berel and Others v Commission [2011] ECR I‑717, paragraph 48). | 124. The General Court is therefore empowered, in addition to carrying out a mere review of the lawfulness of those fines, to substitute its own appraisal for that of the Commission and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (Case C‑3/06 P Groupe Danone v Commission [2007] ECR I‑1331, paragraph 61 and the case‑law cited). | 0 |
1,373 | 81. Indeed, the case-law shows that the importance of the objective of consumer protection, which includes the protection of air passengers, may justify even substantial negative economic consequences for certain economic operators (see, to that effect, Case C-58/08 Vodafone and Others [2010] ECR I-4999, paragraphs 53 and 69). | 67. It is not easy to establish a link, even an indirect link, between the absence of progress towards democratisation and the continuing violation of human rights in Myanmar, which, as is apparent from recital 1 in the preamble to the contested regulation, is one of the reasons which led to the adoption of the regulation, and the conduct of the family members of those in charge of businesses, whi ch, in itself, has not been criticised. | 0 |
1,374 | 45. In that regard, the training and employment of teaching staff and the application of a specific labour market policy which takes account of the specific situation of the staff in the discipline concerned, put forward by the University and the Bulgarian Government, may be consonant with the intention of allocating the posts for professors in the best possible way between the generations, in particular by appointing young professors. As regards the latter aim, the Court has already held that encouragement of recruitment undoubtedly constitutes a legitimate aim of Member States’ social or employment policy ( Palacios de la Villa , paragraph 65), in particular when the promotion of access of young people to a profession is involved (see, to that effect, Petersen , paragraph 68). Consequently, encouragement of recruitment in higher education by means of the offer of posts as professors to younger people may constitute such a legitimate aim. | 81 Finally, the principle of subsidiarity, as interpreted by the German Government to the effect that intervention by public authorities, and particularly Community authorities, in the area in question must be confined to what is strictly necessary, cannot lead to a situation in which the freedom of private associations to adopt sporting rules restricts the exercise of rights conferred on individuals by the Treaty. | 0 |
1,375 | 35. In that regard, according to the case‑law, Article 43 EC precludes any national measure which, even if applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by European Union nationals of the freedom of establishment guaranteed by the Treaty, and such restrictive effects may arise where, on account of national legislation, a company may be deterred from setting up subsidiary entities, such as permanent establishments, in other Member States and from carrying on its activities through such entities (see, inter alia, Attanasio Group , paragraphs 43 and 44 and the case‑law cited, and Case C‑148/10 DHL International [2011] ECR I‑9543, paragraph 60). | 12 In those circumstances, any irregularity that might affect the opinion cannot affect the validity of the decision by which the Commission refused the aid applied for. | 0 |
1,376 | 21 It is settled case-law that freedom to provide services requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less attractive the activities of a provider of services established in another Member State where he lawfully provides similar services (see, in particular, Case C-76/90 Säger [1991] ECR I-4221, paragraph 12; Case C-43/93 Vander Elst [1994] ECR I-3803, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 10; Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 56; and Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33). | 61. As regards, fourthly, Teleos and Others’ argument that the measures adopted by the United Kingdom authorities interfere with the free movement of goods, first, it is clear from the Court’s case-law that preventing possible tax evasion, avoidance and abuse is an objective recognised and encouraged by the Sixth Directive (see Joined Cases C‑487/01 and C-7/02 Gemeente Leusden and Holin Groep [2004] ECR I‑5337, paragraph 76, and Kittel and Recolta Recycling , paragraph 54), which can, in certain circumstances, justify restrictions on the free movement of goods. | 0 |
1,377 | 90. It follows that the clause on the ownership and control of airlines is contrary to Article 52 of the Treaty (see, to that effect, Commission v Denmark , paragraphs 122 to 124 and 128 to 133; Commission v Sweden , paragraphs 113 to 115 and 119 to 124; Commission v Finland , paragraphs 118 to 120 and 124 to 129; Commission v Belgium , paragraphs 131 to 133 and 137 to 142; Commission v Luxembourg , paragraphs 122 to 124 and 128 to 133; Commission v Austria , paragraphs 130 to 134 and 138 to 143, and Commission v Germany , paragraphs 144 to 146 and 150 to 156). | 28. Il ressort des considérants 3, 8 et 10 de la directive 95/46 que le législateur de l’Union a entendu faciliter la libre circulation des données à caractère personnel en rapprochant les législations des États membres tout en sauvegardant les droits fondamentaux des personnes, notamment le droit à la protection de la vie privée, et en garantissant un niveau élevé de protection dans l’Union. L’article 1 er de cette directive prévoit ainsi que les États membres doivent assurer la protection des libertés et des droits fondamentaux des personnes physiques, notamment de leur vie privée, à l’égard du traitement des données à caractère personnel (arrêts Huber, précité, point 47, ainsi que du 24 novembre 2011, ASNEF et FECEMD, C‑468/10 et C‑469/10, Rec. p. I‑12181, point 25). | 0 |
1,378 | 43. Nevertheless, when adopting measures to implement Community legislation, national authorities must exercise their discretion in compliance with the general rules of Community law, which include the principles of proportionality, legal certainty and the protection of legitimate expectations (see, to that effect, Case C-313/99 Mulligan and Others [2002] ECR I-5719, paragraphs 35 and 36). | 32. Such a provision, which enables the Member States in question to maintain without temporal limitation an exemption from the rule of unisex premiums and benefits, works against the achievement of the objective of equal treatment between men and women, which is the purpose of Directive 2004/113, and is incompatible with Articles 21 and 23 of the Charter. | 0 |
1,379 | 101
National courts are, in particular, competent to adopt interim measures in order to prevent the distortion of competition stemming from the grant of an aid in contravention of the standstill obligation provided for in Article 108(3) TFEU (see judgments of 21 November 1991, Fédération nationale du commerce extérieur des produits alimentaires et Syndicat national des négociants et transformateurs de saumon, C‑354/90, EU:C:1991:440, paragraph 11, of 11 July 1996, SFEI and Others, C‑39/94, EU:C:1996:285, paragraphs 39, 40 and 53, and of 21 November 2013, Deutsche Lufthansa, C‑284/12, EU:C:2013:755, paragraph 34). Thus, in accordance with paragraph 58 of the Commission’s Notice on the enforcement of State aid law by national courts (OJ 2009 C 85, p. 1), where there is a risk that the payment of unlawful aid will be made during the course of national court proceedings, the court may find it necessary to issue an interim order preventing the illegal disbursement until the substance of the matter is resolved. | 38. Although, as European Union law stands at present, the rules governing a person’s surname and the use of titles of nobility are matters coming within the competence of the Member States, the latter must none the less, when exercising that competence, comply with European Union law (see, to that effect, Grunkin and Paul , paragraph 16). | 0 |
1,380 | 45. 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 présente au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêt du 14 avril 2011, Commission/Espagne, C‑343/10, point 54 et jurisprudence citée). | 138. That being so, as the Court confirmed in paragraph 27 of Centros , the fact that a national of a Member State who wishes to set up a company can choose to do so in the Member State the company-law rules of which seem to him the least restrictive and then set up branches in other Member States is inherent in the exercise, in a single market, of the freedom of establishment guaranteed by the Treaty. | 0 |
1,381 | 34. Admittedly, the national court does not refer directly in its reference for a preliminary ruling to the general principles of Community law. It is settled case-law, however, that in order to provide a satisfactory answer to a national court which has referred a question to it, the Court may deem it necessary to consider rules of Community law to which the national court has not referred in its reference (Case 35/85 Tissier [1986] ECR 1207, paragraph 9; Case C-315/88 Bagli Pennacchiotti [1990] ECR I-1323, paragraph 10; Case C-107/98 Teckal [1999] ECR I‑8121, paragraph 39, and Telaustria and Telefonadress , paragraph 59). | 43
In addition, the taxable amount determined in accordance with the profit margin scheme must be on the basis of accounts from which it may be ascertained that all the conditions for applying that scheme have been fulfilled. | 0 |
1,382 | 47. It is apparent from the order for reference that, contrary to the case which gave rise to Deutsche Telekom v Commission , TeliaSonera, as stated in paragraph 6 of this judgment, was not under any regulatory obligation to supply ADSL input services to operators. | 13 Furthermore, the granting of an interest-free loan helps to strengthen the company' s economic potential in so far as it enables the company to have capital available without having to bear its cost. It must therefore be regarded as likely to increase the value of the company' s shares (Case C-249/89 Trave Schiffahrts-Gesellschaft, cited above, paragraph 14). | 0 |
1,383 | 56 Moreover, the Court implicitly acknowledged that the E 101 certificate may produce retroactive effects when it held that the option which Article 17 of Regulation No 1408/71 confers on Member States to agree, in the interest of a worker, to apply a legislation different from that designated by Articles 13 to 16 also applies in respect of periods that have already expired (Case 101/83 Raad van Arbeid v Brusse [1984] ECR 2223, paragraphs 20 and 21; Case C-454/93 Rijksdienst voor Arbeidsvoorziening v Van Gestel [1995] ECR I-1707, paragraph 29). Articles 11 and 11a of Regulation No 574/72 also provide that, in such a situation, an E 101 certificate is to be issued. | 252THE QUESTIONS THEREFORE TO BE DETERMINED ARE WHETHER THE DIFFERENCE BETWEEN THE COSTS ACTUALLY INCURRED AND THE PRICE ACTUALLY CHARGED IS EXCESSIVE , AND , IT THE ANSWER TO THIS QUESTION IS IN THE AFFIRMATIVE , WHETHER A PRICE HAS BEEN IMPOSED WHICH IS EITHER UNFAIR IN ITSELF OR WHEN COMPARED TO COMPETING PRODUCTS .
| 0 |
1,384 | 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). | 41 Second, the financial consequences which might ensue for a Member State from a preliminary ruling have never in themselves justified limiting the temporal effect of such a ruling (see, in particular, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 48, Case C-137/94 R v Secretary of State for Health, ex parte Richardson [1995] ECR I-3407, paragraph 37, and Joined Cases C-197/94 and C-252/94 Bautiaa and Société Française Maritime [1996] ECR I-505, paragraph 55). | 0 |
1,385 | 23 It is clear that, contrary to the Commission's submission, the Court of First Instance did not fail to have regard to the preventive function of the second paragraph of Article 17 of the Staff Regulations - whose legality vis-à-vis the fundamental right to freedom of expression was recognised by the Court of Justice in paragraphs 52 to 55 of Connolly. The Court of First Instance simply criticised the reasons relied on by the appointing authority to substantiate the contested decision: those reasons merely stated that there was a risk that the interests of the Communities would be prejudiced where an official's opinion was different from the view expressed by the institution employing him. As has been pointed out at paragraph 19 above, only where there is a real risk of serious prejudice to the interests of the Communities, established on the basis of specific, objective factors, can a refusal of permission to publish be warranted. | 7 IN SIMILAR CIRCUMSTANCES THE COURT HAS ALREADY HELD THAT IT MUST EXTRACT FROM ALL THE FACTORS PROVIDED BY THE NATIONAL COURT, AND IN PARTICULAR FROM THE STATEMENT OF GROUNDS CONTAINED IN THE REFERENCE, THE ELEMENTS OF COMMUNITY LAW REQUIRING AN INTERPRETATION, HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE ( JUDGMENT OF 29 NOVEMBER 1978 IN CASE 83/78 PIGS MARKETING BOARD V REDMOND (( 1978 )) ECR 2347 ). | 0 |
1,386 | 53
Moreover, the principle that offences and penalties must be defined by law forms part of the constitutional traditions common to the Member States (see, with reference to the principle of non-retroactivity of the criminal law, judgments of 13 November 1990, Fedesa and Others, C‑331/88, EU:C:1990:391, paragraph 42, and of 7 January 2004, X, C‑60/02, EU:C:2004:10, paragraph 63) and has been enshrined in various international treaties, in particular in Article 7(1) of the ECHR (see, to that effect, judgment of 3 May 2007, Advocaten voor de Wereld, C‑303/05, EU:C:2007:261, paragraph 49). | 89. First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined. In the main proceedings, the national court will therefore have to examine whether the public service obligations which were imposed on Altmark Trans are clear from the national legislation and/or the licences at issue in the main proceedings. | 0 |
1,387 | 53 The Commission is, however, bound by the guidelines and notices that it issues in the area of supervision of State aid where they do not depart from the rules in the Treaty and are accepted by the Member States (Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 22; Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraph 36; and Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraph 43). The Commission may not therefore refuse to apply the de minimis rule to aid granted to undertakings in sectors which the various applicable provisions do not exclude from application of the rule. | 65. Constituent des «litiges à caractère pécuniaire» au sens de cette disposition non seulement les actions en responsabilité dirigées par les agents contre une institution, mais aussi tous ceux qui tendent au versement par une institution à un agent d’une somme qu’il estime lui être due en vertu du statut ou d’un autre acte qui régit leurs relations de travail (voir, en ce sens, arrêt du 2 octobre 2001, BEI/Hautem, C‑449/99 P, Rec. p. I-6733). | 0 |
1,388 | 29. In that regard, the Court has consistently held that pregnancy must be clearly distinguished from illness, in that pregnancy is not in any way comparable with a pathological condition (see to that effect, inter alia, Webb , C‑32/93, EU:C:1994:300, paragraph 25 and the case-law cited). | 70. Those circumstances may result, in particular, from the specific nature of the tasks for the performance of which such contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State. | 0 |
1,389 | 26. In order to determine whether discount cards, such as the Granton cards, fall within the scope of the concept of ‘other securities’ or of ‘other negotiable instruments’ as set out in Article 13(B)(d) of the Sixth Directive, it is necessary to consider, inter alia, the wording of that provision, the context in which those concepts appear and the objectives pursued by the exemption provided for therein (see, inter alia, to that effect, Case 292/82 Merck EU:C:1983:335, paragraph 12; Case C‑112/11 ebookers.com Deutschland EU:C:2012:487, paragraph 12, and Case C‑243/11 RVS Levensverzekeringen EU:C:2013:85, paragraph 23).
Whether the Granton cards fall within the scope of the concept of ‘other securities’ | 64. In particular, as regards, first of all, the relationship between the judgments in IATA and ELFAA and Sturgeon and Others , it is apparent from paragraphs 46 to 48 above that there is no tension between those two judgments, the second judgment applying the principles laid down by the first. | 0 |
1,390 | 50 The mere fact that the competent national authorities enjoy a discretionary power to grant derogations from the 5% rule cannot render that rule compatible with Article 18(1) of Directive 73/239 and Article 21(1) of Directive 79/267 (see, to this effect, the judgment in Case 124/81 Commission v United Kingdom [1983] ECR 203, paragraph 10). | 26 Thus, in certain labour-intensive sectors, a group of workers engaged in a joint activity on a permanent basis may constitute an economic entity. Such an entity is, therefore, capable of maintaining its identity after it has been transferred where the new employer does not merely pursue the activity in question but also takes over a major part, in terms of their numbers and skills, of the employees specially assigned by his predecessor to that task (Süzen, paragraph 21). Thus, an organised grouping of wage earners who are specifically and permanently assigned to a common task may, in the absence of other factors of production, amount to an economic entity (Hernández Vidal and Others, cited above, paragraph 26). | 0 |
1,391 | 43. Therefore, it must be held that, by virtue of the exclusion laid down by Article 1(2)(b) of Directive 98/59, the dismissal of staff of a military base does not, in any event, fall within the scope of that directive, irrespective of whether or not it is a military base belonging to a non-member State. In those circumstances, it is not necessary specifically to take into account the fact that, in this case, it was a military base belonging to a non-member State, that question having implications in international law (in the context of the employment of staff of an embassy of a non-member country, see Case C-154/11 Mahamdia [2012] ECR, paragraphs 54 to 56). | 50. In the light of the foregoing, there is no need to reply to the other questions referred. | 0 |
1,392 | 130. Moreover, Article 20(1) of the Regulation provides that the courts of a Member State where a child is present may, subject to certain conditions, take such provisional, including protective, measures as may be available under the law of that State, even if, under the Regulation, a court of another Member State had jurisdiction as to the substance of the matter. In that it is an exception to the system of jurisdiction laid down by the Regulation, that provision must be interpreted strictly (Case C‑403/09 PPU Detiček [2009] ECR I‑12193, paragraph 38). | 79. In such a situation, where there are continuous or repeated infringements, it is possible that the limitation period expires even before the infringement is brought to an end, in which case it would be impossible for any individual who has suffered harm after the expiry of the limitation period to bring an action. | 0 |
1,393 | 26
Although it does not follow from any provision of Directive 2009/73 that the price of supply of natural gas must be fixed exclusively by the play of supply and demand, that requirement follows from the very purpose and general scheme of the directive, the aim of which is to pursue the achievement of an internal market in natural gas that is entirely and effectually open and competitive and in which all consumers can freely choose their suppliers and all suppliers can freely supply their products to their customers (see, to that effect, judgment of 10 September 2015, Commission v Poland, C‑36/14, not published, EU:C:2015:570, paragraph 45). | 59 Fourth and finally, as regards the loss of revenue for the United Kingdom tax authorities which would result from affording resident subsidiaries of non-resident parent companies the possibility of making a group income election and thus to be exempted from paying ACT, suffice it to point out that it is settled case-law that diminution of tax revenue cannot be regarded as a matter of overriding general interest which may be relied upon in order to justify a measure which is, in principle, contrary to a fundamental freedom (see, in relation to Article 52 of the Treaty, ICI, paragraph 28). | 0 |
1,394 | 34. Further, the question whether there is an infringement of the rights of the defence must be examined in relation to the specific circumstances of each particular case (see, to that effect, Case C‑110/10 P Solvay v Commission [2011] ECR I‑10439, paragraph 63), including the nature of the act at issue, the context of its adoption and the legal rules governing the matter in question ( Commission v Kadi , paragraph 102 and the case-law cited). | 59. Toutefois, un moyen qui constitue une amplification d’un moyen énoncé antérieurement, directement ou implicitement, dans la requête introductive d’instance doit être considéré comme recevable (voir arrêt du 15 décembre 2005, Italie/Commission, C‑66/02, Rec. p. I‑10901, point 86 et jurisprudence citée). | 0 |
1,395 | 13 Secondly, the Bank constitutes a Community body established by the Treaty (Case 110/75 Mills v EIB [1976] ECR 955, paragraph 14). It is intended to contribute towards the attainment of the Community' s objectives and thus by virtue of the Treaty forms part of the framework of the Community (Case 85/86 Commission v EIB [1988] ECR 1281, paragraph 29). | 7 THE DISTINCTION PROVIDED FOR IN THE SIXTH RECITAL FLOWS FROM THE RECOGNITION OF THE FACT THAT THE STATE MAY ACT EITHER BY EXERCISING PUBLIC POWERS OR BY CARRYING ON ECONOMIC ACTIVITIES OF AN INDUSTRIAL OR COMMERCIAL NATURE BY OFFERING GOODS AND SERVICES ON THE MARKET . IN ORDER TO MAKE SUCH A DISTINCTION, IT IS THEREFORE NECESSARY, IN EACH CASE, TO CONSIDER THE ACTIVITIES EXERCISED BY THE STATE AND TO DETERMINE THE CATEGORY TO WHICH THOSE ACTIVITIES BELONG . | 0 |
1,396 | 188. That is the case here. The Court has held that Community law as it currently stands does not provide for a regime enabling the liability of the Community for its legislative conduct to found an action in a situation where any failure of such conduct to comply with the WTO agreements cannot be relied upon before the Community courts. The claims for compensation by the applicants sought in particular to put in issue the liability of the Community for such conduct. Accordingly, the Court of First Instance could only dismiss those claims, whatever the arguments put forward by the applicants to support them (see, by analogy, Salzgitter v Commission , paragraph 59). The Court of First Instance would thus have been obliged to dismiss the applicants’ claims on that basis if it had not made the error of law that led it to dismiss them on other grounds (see, by analogy, Finsider v Commission , paragraph 38, and ESC v E , paragraph 18). | 14. Within the limits thus defined, the movement of vehicles when empty and when preparing to carry out such transportation also falls within Article 4(6) of the regulation. | 0 |
1,397 | 49. Thus, the Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-450/06 Varec [2008] ECR I-581, paragraph 24 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,398 | 45. It may be noted that the criteria at issue apply to common interests concerning, in particular, the minimum supply of energy resources and goods essential to the public as a whole, the continuity of public service, national defence, the protection of public policy and public security and health emergencies. The pursuit of such interests may, subject to observance of the principle of proportionality, warrant certain restrictions of the exercise of fundamental freedoms (see, inter alia, judgment of 14 February 2008 in Case C‑274/06 Commission v Spain , paragraph 38). | 23 EXAMINATION OF ARTICLE 12 OF THE AGREEMENT AND ARTICLE 36 OF THE PROTOCOL THEREFORE REVEALS THAT THEY ESSENTIALLY SERVE TO SET OUT A PROGRAMME AND ARE NOT SUFFICIENTLY PRECISE AND UNCONDITIONAL TO BE CAPABLE OF GOVERNING DIRECTLY THE MOVEMENT OF WORKERS . | 0 |
1,399 | 12 Admittedly, waste, whether recyclable or not, is to be regarded as goods the movement of which, in accordance with Article 30 of the Treaty, must in principle not be prevented (judgment in Case C-2/90 Commission v Belgium [1992] ECR I-4431, paragraph 28). | 73
With regards to the Republic of Poland’s argument that a Member State is not required to transpose literally the definitions laid down in Directive 2000/60, it should be borne in mind that, according to settled case-law, transposing a directive into national law does not necessarily require its provisions to be reproduced verbatim in a specific, express law or regulation; a general legal context may be sufficient, provided that it does effectively ensure the full application of the directive in a sufficiently clear and precise manner (see judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 60 and the case-law cited). | 0 |
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