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1,500 | 74. It is settled case-law that any trader on the part of whom an institution has promoted reasonable expectations may rely on the principle of the protection of legitimate expectations. However, if a prudent and circumspect trader could have foreseen that the adoption of a Community measure is likely to affect his interests, he cannot plead that principle if the measure is adopted (see, inter alia, Atlanta v European Community , cited above, paragraph 52, and Di Lenardo and Dilexport , cited above, paragraph 70). | 56. It is also important to recall that, under Article 35(1) of the Regulation, the Member States are to designate the competition authority or authorities responsible for the application of Articles 101 TFEU and 102 TFEU in such a way that the provisions of that regulation are effectively complied with. The authorities so designated must, in accordance with the regulation, ensure that those Treaty Articles are applied effectively in the general interest (see Recitals 5, 6, 8, 34 and 35 in the preamble to the Regulation). | 0 |
1,501 | 38. Respect for this right is a fundamental principle of the Community legal order which must be maintained in all proceedings, including those of Community transit, which are commenced against a person and which are likely to lead to a measure adversely affecting that person (see, to that effect, C‑32/95 P Commission v Lisrestal and Others [1996] ECR I-5373, paragraphs 21 and 30; Case C‑462/98 P Mediocurso v Commission [2000] ECR I-7183, paragraph 36; and Case C‑287/02 Spain v Commission [2005] ECR I-5093, paragraph 37). | 25HOWEVER , IT IS NOT POSSIBLE TO DISREGARD THE LEGITIMATE INTEREST WHICH A MEMBER STATE MAY HAVE IN PREVENTING CERTAIN OF ITS NATIONALS , BY MEANS OF FACILITIES CREATED UNDER THE TREATY , FROM ATTEMPTING WRONGLY TO EVADE THE APPLICATION OF THEIR NATIONAL LEGISLATION AS REGARDS TRAINING FOR A TRADE .
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1,502 | 60. Il est également de jurisprudence constante que les conséquences financières qui pourraient découler pour un État membre d’un arrêt rendu à titre préjudiciel ne justifient pas, par elles-mêmes, la limitation des effets de cet arrêt dans le temps (arrêt Brzeziński, précité, point 58 et jurisprudence citée). | 37. For the purposes of answering that question, it should be recalled that, as is apparent from Article 6(1) of Directive 85/374, a product is defective when it does not provide the safety which a person is entitled to expect, taking all the circumstances into account, including the presentation of the product, the use to which it could reasonably be expected that it would be put and the time when the product was put into circulation. Moreover, according to the sixth recital in the preamble to that directive, that assessment must be carried out having regard to the reasonable expectations of the public at large. | 0 |
1,503 | 22. Moreover, the Court has also consistently held that it may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia , Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39, and Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 19). | 24 Finally, Article 10(3) of Regulation No 3061/84, as amended by Regulation No 928/91, provides that, in checking the accuracy of crop declarations as indicated in Article 14(3a) and (4) of Regulation No 2261/84, as amended by Regulation No 3500/90, Member States are to make use, in particular, of data in the register of olive cultivation and the computerised files, the figures from on-the-spot checks made on the grower and the yields of olives and oil set for the zone in which the holding or holdings are located. | 0 |
1,504 | 45 The requirement of judicial review reflects a general principle of Community law stemming from the constitutional traditions common to the Member States and enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Case 224/84 Johnston [1986] ECR 1651, paragraph 18; Case C-97/91 Oleificio Borelli v Commission [1992] ECR I-6313, paragraph 14, Case C-1/99 Kofisa Italia [2001] ECR I-207, paragraph 46, and Case C-226/99 Siples [2001] ECR I-277, paragraph 17). | 75 EVEN IF THOSE ACTIVITIES DO NOT NECESSARILY CONFER ON PIONEER A DECISIVE INFLUENCE ON THE CONDUCT OF EACH OF THE DISTRIBUTORS , THAT DOES NOT ALTER THE FACT THAT , ON ACCOUNT OF ITS CENTRAL POSITION , IT WAS OBLIGED TO DISPLAY PARTICULAR VIGILANCE IN ORDER TO PREVENT CONCERTED EFFORTS OF THAT KIND FROM GIVING RISE TO PRACTICES CONTRARY TO THE COMPETITION RULES .
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1,505 | 42. However, it is clear from the case-law that neither the Statute of the Court of Justice nor the Rules of Procedure make provision for the parties to submit observations in response to the Advocate General’s Opinion (see, in particular, SGAE , paragraph 26 and the case-law cited therein). | 40. In that regard, it should be emphasised that that requirement does not prevent ‘reference prices’ for the supply of natural gas, such as those at issue in the main proceedings, from being applied to all customers whose consumption of natural gas is above a certain threshold rather than being limited to the circle of those, expressly referred to in Article 3(3) of Directive 2003/55, who must necessarily be protected on account of their vulnerability. | 0 |
1,506 | 33
In that regard, as is clear from Directive 92/85 and the case-law of the Court, the legislature of the European Union wished to ensure that, during her maternity leave, the worker should receive an income of an amount at least equivalent to that of the allowance provided for by national social security legislation in the event of a break in her activities on health grounds (see, to that effect, judgments of 27 October 1998 in Boyle and Others, C‑411/96, EU:C:1998:506, paragraph 32; 1 July 2010 in Gassmayr, C‑194/08, EU:C:2010:386, paragraph 83; and 13 February 2014 in TSN and YTN, C‑512/11 and C‑513/11, EU:C:2014:73, paragraph 36). | 83. As is clear from Directive 92/95 and the relevant case-law of the Court, the legislature of the European Union wished to ensure that, during her maternity leave, the worker receives an income at least equivalent to the sickness allowance provided for by national social security legislation in the event of a break in her activities on health grounds ( Boyle and Others , paragraph 32). | 1 |
1,507 | 65. If that court finds that the proportional taking into account of cleaners’ working hours performed on a part-time basis is justified by such reasons, the mere fact that the national provisions affect a much higher percentage of female workers than male workers cannot be regarded as a breach of Article 5 of Directive 76/207 (see, to this effect, Rinner-Kühn , cited above, paragraph 14, and Seymour-Smith and Perez , cited above, paragraph 69). | 32. It must therefore be given a uniform interpretation in the Community legal order (see, by analogy, Zino Davidoff and Levi Strauss , paragraphs 41 to 43). | 0 |
1,508 | 119. The procedure established under Article 226 EC is designed to obtain a declaration that the conduct of a Member State is in breach of EU law and to terminate that conduct (see Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraph 27, and Case C‑456/05 Commission v Germany [2007] ECR I‑10517, paragraph 25), while the procedure provided for under Article 228 EC has a much narrower ambit, being designed only to induce a defaulting Member State to comply with a judgment establishing a breach of obligations (Case C‑304/02 Commission v France [2005] ECR I‑6263, paragraph 80). | 68. Dans la mesure où la différence de traitement alléguée par la requérante s’explique par une circonstance qui lui est propre, cette dernière ne saurait donc utilement soutenir qu’une violation du principe d’égalité de traitement a été commise à son détriment.
Sur la troisième branche du troisième moyen | 0 |
1,509 | 41. Such an obligation applies to Member States in order to anticipate any change in the situation existing in them at a given point in time and in order to ensure that all legal persons in the Community, including those in Member States in which a particular activity referred to in a directive does not exist, may know with clarity and precision, what are, in all circumstances, their rights and obligations (see, to that effect, Commission v Greece , paragraph 27; Commission v Ireland , paragraph 12; Case C‑441/00 Commission v United Kingdom , paragraph 16; and Commission v Luxembourg , paragraph 13). | 67. Thus, for the applicant in the main proceedings, ‘serious inconvenience’ within the meaning of Grunkin and Paul results from having to alter all the traces of a formal nature of the name ‘Fürstin von Sayn-Wittgenstein’ left in both the public and the private spheres, given that her official identity documents currently refer to her by a different name. Even if, once carried out, the alteration will eliminate all future divergence, it is probable that the applicant in the main proceedings is in possession of and will be required to produce documents issued or drawn up before the alteration, which show a different surname from that appearing in her new identity documents. | 0 |
1,510 | 63. In that regard, reference should be made to the settled case-law concerning the European Agricultural Guidance and Guarantee Fund (EAGGF), according to which, since the Member State concerned is best placed to collect and verify the data required for the clearance of EAGGF accounts, the Commission, for the purpose of proving an infringement of the rules on the common organisation of the agricultural markets, is not required to show exhaustively that the checks carried out by the national authorities were inadequate or that the figures they have transmitted are irregular, but must rather produce evidence of its serious and reasonable doubt regarding such checks or figures (see, to that effect, judgments in Greece v Commission , C‑300/02, EU:C:2005:103, paragraphs 34 and 36 and the case-law cited, and Denmark v Commission , C‑417/12 P, EU:C:2014:2288, paragraphs 80 and 81). | 63. The general principles of Community law have constitutional status while the principle proposed by Audiolux is characterised by a degree of detail requiring legislation to be drafted and enacted at Community level by a measure of secondary Community law. Therefore, the principle proposed by Audiolux cannot be regarded as an independent general principle of Community law. | 0 |
1,511 | 77. In that context, it should be noted that the two requirements that the levy be identical and applied to one and the same person have been found to be sufficient to establish the existence of such a link (see, inter alia, Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 58; Case C‑168/01 Bosal [2003] ECR I-9409, paragraphs 29 and 30; and Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt , paragraph 42). In addition, it must be noted that the Commission has not expressly disputed that the tax advantage in question is granted to the same taxpayer in relation to the same tax. | 56. It must be observed at the outset that the factors relevant to the determination of whether there is a risk to public policy within the meaning of Article 7(4) of Directive 2008/115 are not materially the same as those which are relevant to the assessment of whether there is a risk of absconding within the meaning of that provision, the concept of ‘risk of absconding’ being distinct from that of ‘risk to public policy’ (as regards the concept of ‘risk of absconding’ within the meaning of that provision, see, in particular, judgment in Mahdi , C‑146/14 PPU, EU:C:2014:1320, paragraphs 65 to 74). | 0 |
1,512 | 23
The explanatory notes drawn up by the Commission as regards the CN and by the World Customs Organisation as regards the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (judgment of 18 May 2011 in Delphi Deutschland, C‑423/10, EU:C:2011:315, paragraph 24 and the case-law cited). | 46. Such an assessment must not be conducted too formalistically, so that the provision of documentary evidence which lacks the degree of detail and is not presented in the form of a corporation tax certificate provided for by the Member State of taxation of a shareholder having received dividends from a capital company established in another Member State, but which enables the tax authorities of the Member State of taxation to ascertain, clearly and precisely, whether the conditions for obtaining a tax advantage are met, must be considered by those authorities to be equivalent to the production of the above-mentioned certificate. | 0 |
1,513 | 54. There is also a single supply where one or more elements are to be regarded as constituting the principal supply, while other elements are to be regarded, by contrast, as one or more ancillary supplies which share the tax treatment of the principal supply. In particular, a supply must be regarded as ancillary to a principal supply if it does not constitute for customers an end in itself but a means of better enjoying the principal service supplied (see, inter alia, Case C‑349/96 CPP [1999] ECR I‑973, paragraph 30; Levob Verzekeringen and OV Bank , paragraph 21; Case C‑572/07 RLRE Tellmer Property [2009] ECR I‑4983, paragraph 18; and Case C‑276/09 Everything Everywhere [2010] ECR I‑0000, paragraphs 24 and 25). | 20 In this regard, the competent national authorities must assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking. | 0 |
1,514 | 67. Quant à la justification tirée de l’ordre public, il est de jurisprudence constante que la notion d’«ordre public», au sens de l’article 52 TFUE et de l’article 62 TFUE, qui renvoie audit article 52, doit, en tant que dérogation à une liberté fondamentale garantie par le traité, être interprétée de manière stricte et que le recours à une telle notion suppose l’existence d’une menace réelle et suffisamment grave, affectant un intérêt fondamental de la société (voir en ce sens, notamment, arrêts du 18 juin 1991, ERT, C‑260/89, Rec. p. I‑2925, point 24, et du 7 mai 1998, Clean Car Autoservice, C‑350/96, Rec. p. I‑2521, point 40). | While it is true that those recitals were presented by the hearing offer in the form of general observations made ‘as a preliminary point’ and that the hearing officer stated several times that he was not competent to deal with the appellants’ arguments alleging breach of the principles of protection of legitimate expectations and equal treatment, it is nevertheless the case that, in view of those recitals, it cannot be considered that it is obvious from the decision at issue that the hearing officer did not take account of those arguments. | 0 |
1,515 | 27 The Court has already pointed out, with regard to provisions similar to those at issue in the main proceedings, that, although the imposition of a countervailing charge was not expressly contemplated by those provisions, it cannot be concluded that such a measure was precluded. On the contrary, since those provisions authorized total or partial suspension of imports, it was to be inferred that the Commission was authorized to introduce a less rigid scheme, namely a minimum price with a countervailing charge. Since the Commission was entitled to take protective measures leading to a complete suspension of imports from non-member countries, it was entitled a fortiori to adopt less restrictive measures (see Joined Cases 41/70 to 44/70 International Fruit Company and Others v Commission [1971] ECR 411, paragraph 65, with regard to the rules applicable to the common organization of the markets in fruit and vegetables prior to the adoption of Regulation No 1035/72; Case 345/82 Wuensche Handelsgesellschaft v Germany [1984] ECR 1995, paragraph 23; Case 77/86 National Dried Fruit Trade Association [1988] ECR 757, paragraph 26, and Case 291/86 Central-Import Muenster v Hauptzollamt Muenster [1988] ECR 3679, paragraph 39 regarding the rules then in force on the common organization of the market in products processed from fruit and vegetables).
The proportionality of the protective measures | 95. As the Advocate General observes at point 38 of her Opinion, such indicia and coincidences may provide information not just about the mere existence of anti-competitive practices or agreements, but also about the duration of continuous anti-competitive practices or the period of application of anti-competitive agreements. | 0 |
1,516 | 15 First, as the Court noted in Di Conti, at paragraph 12, Article 69(4) of the Regulation merely requires that an unemployed person who returns to Belgium must be employed there again for three months in order to requalify for benefits; it thus concerns requalification for benefits and not acquisition of entitlement thereto. Moreover, that provision was not concerned with conditions for acquisition of entitlement to unemployment benefits under Belgian law, but was enacted in return for unemployed persons being able under Belgian law to retain their right to benefits for quite a long period while not remaining available to the Belgian employment services (paragraph 16 of Di Conti). | 62. As regards the criteria concerning the exercise of the right to object and judicial review of an opposition decision, the Hellenic Republic points out that the public security clause and its various elements, despite their flexible nature, may be controlled, and are in fact controlled, by the courts, both at the national and EU level, as clauses derogating from the fundamental freedoms of movement enshrined in the Treaties (see, to that effect, inter alia, Case 30/77 Bouchereau [1977] ECR 1999, paragraphs 33 to 35, and Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraph 34). | 0 |
1,517 | 33. The Court did indeed find an action for failure to fulfil obligations in the sphere of public procurement inadmissible, but it was on the ground that all the effects of the contract notice at issue had been exhausted by the end of the period laid down in the reasoned opinion (Commission v Italy , cited above, paragraphs 11 to 13). | 54. According to the settled case-law of the Court, a provision in an agreement concluded by the Community with a non-member country must be regarded as being directly applicable when, regard being had to its wording and to the purpose and nature of the agreement, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure (see, inter alia , Case 12/86 Demirel [1987] ECR 3719, paragraph 14; and the judgments, cited above, in Kziber , paragraph 15; Eddline El-Yassini , paragraph 25; Sürül , paragraph 60; and Pokrzeptowicz-Meyer , paragraph 19). | 0 |
1,518 | 42. The case-law of the Court (see, to that effect, Case 21/84 Commission v France [1985] ECR 1355, paragraphs 13 and 15; Case C-187/96 Commission v Greece [1998] ECR I-1095, paragraph 23; and Case C-185/96 Commission v Greece [1998] ECR I-6601, paragraph 35) shows that an administrative practice can be the subject-matter of an action for failure to fulfil obligations when it is, to some degree, of a consistent and general nature. | 25. The Court has already declared, as regards the applicability ratione temporis of that directive that new rules apply, unless otherwise specifically provided, immediately to the future effects of a situation which arose under the old rule. Thus the Court concluded that the calculation of the period of service required to qualify for a retirement pension is governed by Directive 97/81, including periods of employment before the directive entered into force (Joined Cases C‑395/08 and C‑396/08 Bruno and Others [2010] ECR I‑5119, paragraphs 53 to 55). | 0 |
1,519 | 70. Having regard to that context, the Court finds that the contested decision could be reasoned in a summary manner (Case 73/74 Groupement des fabricants de papiers peints de Belgique v Commission [1975] ECR 1491, paragraph 31; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 105), and that therefore sufficient grounds were stated for the contested decision (C-301/96 Germany v Commission , paragraphs 92 and 93). | 22 ARTICLE 10 ( 1 ) AND ( 2 ) OF REGULATION NO 1612/68 MUST BE INTERPRETED AS MEANING THAT THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY IS THE RESULT OF A FACTUAL SITUATION . THE PERSON HAVING THAT STATUS IS A MEMBER OF THE FAMILY WHO IS SUPPORTED BY THE WORKER AND THERE IS NO NEED TO DETERMINE THE REASONS FOR RECOURSE TO THE WORKER' S SUPPORT OR TO RAISE THE QUESTION WHETHER THE PERSON CONCERNED IS ABLE TO SUPPORT HIMSELF BY TAKING UP PAID EMPLOYMENT . | 0 |
1,520 | 61. It is also settled case-law that the financial consequences which might ensue for a Member State from a preliminary ruling do not in themselves justify limiting the temporal effects of the ruling (Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 52; Case C-209/03 Bidar [2005] ECR I-2119, paragraph 68; Brzeziński , paragraph 58; and Kalinchev , paragraph 52). | 44THE CONDITIONS FOR THE APPLICATION OF ARTICLE 86 TO AN UNDERTAKING IN A DOMINANT POSITION PRESUPPOSE THE CLEAR DELIMITATION OF THE SUBSTANTIAL PART OF THE COMMON MARKET IN WHICH IT MAY BE ABLE TO ENGAGE IN ABUSES WHICH HINDER EFFECTIVE COMPETITION AND THIS IS AN AREA WHERE THE OBJECTIVE CONDITIONS OF COMPETITION APPLYING TO THE PRODUCT IN QUESTION MUST BE THE SAME FOR ALL TRADERS .
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1,521 | 55. In that respect, the Italian Republic maintains that the difference in treatment is justified by imperative reasons in the public interest relating to the coherence of the tax system, the maintenance of a balanced distribution of the power to tax and the fight against tax evasion, which are grounds that the Court has recognised as being capable of justifying such differences (see, to that effect, Marks & Spencer , paragraph 51; Case C‑414/06 Lidl Belgium [2008] ECR I‑3601, paragraph 42; and, regarding justification based on coherence of the tax system, Case C‑204/90 Bachmann [1992] ECR I-249, paragraph 28, and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I-2107, paragraph 68). | 20. As both Fixtures and the Commission submit, there are several indications of the intention of the Community legislature to give the term database as defined in the directive, a wide scope, unencumbered by considerations of a formal, technical or material nature. | 0 |
1,522 | 109. The Court has also held that Community legislation displays a general tendency to enhance the quality of products within the framework of the common agricultural policy, in order to promote the reputation of those products through inter alia the use of designations of origin which enjoy special protection. In respect of agricultural products, that tendency manifested itself, in particular, in the adoption of Regulation No 2081/92, which, according to its preamble, is intended, inter alia, to meet consumers’ expectations as regards products of quality and an identifiable geographical origin and to enable producers, in conditions of fair competition, to secure higher incomes in return for a genuine effort to improve quality (see, to that effect, Ravil , paragraph 48, and Case C‑108/01 Consorzio del Prosciutto di Parma and Salumficio S. Rita [2003] ECR I‑5121, paragraph 63). | 23. The Habitats Directive does not define the terms ‘plan’ and ‘project’. | 0 |
1,523 | 37 It follows that the rule as so interpreted may, and must, be applied by the courts to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions enabling an action relating to the application of that rule to be brought before the courts having jurisdiction are satisfied (see Case 61/79 Amministrazione delle Finanze dello Stato v Denkavit Italiana [1980] ECR 1205, paragraph 16, and Joined Cases C-197/94 and C-252/94 Bautiaa and Société Française Maritime [1996] ECR I-505, paragraph 47). | 16 THE INTERPRETATION WHICH , IN THE EXERCISE OF THE JURISDICTION CONFERRED UPON IT BY ARTICLE 177 , THE COURT OF JUSTICE GIVES TO A RULE OF COMMUNITY LAW CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY , AND MUST , BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION , PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS ENABLING AN ACTION RELATING TO THE APPLICATION OF THAT RULE TO BE BROUGHT BEFORE THE COURTS HAVING JURISDICTION , ARE SATISFIED .
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1,524 | 23 In addition, it follows from the case-law of the Court that the requirement of precision, clarity and transparency which national legislation must satisfy is also applicable where general principles of constitutional law, such as the general principle of equal treatment, are involved, and is of particular importance where the provisions of Community law in question are intended to accord rights to nationals of other Member States, inasmuch as those nationals are not normally aware of such principles (Case 29/84 Commission v Germany [1985] ECR 1661, paragraph 23). | 189 The Court of First Instance was therefore not obliged to assess the reasonableness of the time taken in the light of all of the criteria referred to by LVM and DSM, since, in paragraphs 124 to 133 of the contested judgment, it considered that the duration of the first procedural stage, namely four years and four months, was justified by the complexity of the case and that the second, lasting 10 months, could not even be considered excessive. | 0 |
1,525 | 30. In that regard, it must be borne in mind, firstly, that, in accordance with established case-law, the subject-matter of an action for failure to fulfil obligations is determined by the Commission’s reasoned opinion (Case 39/72 Commission v Italy [1973] ECR 101, paragraph 9, and Case C‑236/05 Commission v United Kingdom [2006] ECR I‑10819, paragraph 10 and the case-law cited). Consequently, whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (Case C‑161/02 Commission v France [2003] ECR I‑6567, paragraph 6, and Case C‑158/09 Commission v Spain [2010] ECR I‑0000, paragraph 7). | 73. In order to examine whether the measure at issue in the main proceedings goes beyond what is necessary for achieving its objective and unduly prejudices the interests of workers who reach the age of 65, when they may obtain liquidation of their pension rights, that measure must be viewed against its legislative background and account must be taken both of the hardship it may cause to the persons concerned and of the benefits derived from it by society in general and the individuals who make up society. | 0 |
1,526 | 22. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the same way as nationality in the case of individuals, as the connecting factor with the legal system of a Member State (see Metallgesellschaft and Others , paragraph 42, and the case-law cited). Acceptance of the proposition that the Member State in which a resident subsidiary is established may freely apply different treatment merely by reason of the fact that the registered office of the parent company is situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Commission v France , paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metalgesellschaft and Others , paragraph 42; and Case C-446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 37). Freedom of establishment thus seeks to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination, even minimal, based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint-Gobain ZN , paragraph 35). | 38. Those provisions of Directive 89/665 are unconditional and sufficiently clear to create rights for individuals on which they may rely, where necessary, against contracting authorities such as BIG. | 0 |
1,527 | 41. Under Article 3(2) of Directive 2002/22, Member States are to determine the most efficient and appropriate approach for ensuring the implementation of universal service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality and they are to seek to minimise market distortions, whilst safeguarding the public interest ( Commission v France , paragraph 29). | 41. In that context, the Court has held that any national measure adopted after a date thus fixed is not, by that fact alone, automatically excluded from the derogation laid down in the Community measure in question. A provision which is, in substance, identical to the previous legislation, or limited to reducing or eliminating an obstacle to the exercise of Community rights and freedoms in the earlier legislation, will be covered by the derogation. By contrast, legislation based on an approach which differs from that of the previous law and establishes new procedures cannot be treated as legislation existing at the date fixed in the Community measure in question (see Konle , paragraphs 52 and 53, and Test Claimants in the FII Group Litigation , paragraph 192). | 0 |
1,528 | 29 On the second point in the reasoning, it must be observed that the justification for a preliminary reference, and hence for the jurisdiction of the Court, is not that it enables advisory opinions on general or hypothetical questions to be delivered (see the judgment in Foglia v Novello, cited above, at paragraph 18), but rather that it is necessary for the effective resolution of a dispute. | 35. Under that provision, the true and fair view which the annual accounts of a company must give is based on a valuation of the assets not on the basis of their real value, but on the basis of their historical cost. | 0 |
1,529 | 67
It is inherent in that complete system of legal remedies and procedures that persons bringing proceedings must, when an action is brought before a national court or tribunal, have the right to challenge the legality of provisions contained in European Union acts on which a decision or national measure adopted in respect of them is based, pleading the invalidity of that decision or measure, in order that the national court or tribunal, having itself no jurisdiction to declare such invalidity, consults the Court on that matter by means of a reference for a preliminary ruling, unless those persons unquestionably had the right to bring an action against those provisions on the basis of Article 263 TFEU and failed to exercise that right within the period prescribed (see, to that effect, judgments of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 35 and 36, and of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 45 and 46). | 77. En effet, la réglementation litigieuse considère, en principe, les héritiers ou les donataires tant résidents que non-résidents comme assujettis aux fins de la perception de droits de succession ou de mutation sur des biens immeubles situés en Espagne. Partant, il n’existe entre un résident et un non-résident aucune différence de situation objective de nature à fonder une différence de traitement (voir, en ce sens, arrêt Schumacker, EU:C:1995:31, point 37). | 0 |
1,530 | 45. With regard, second, to Article 52 of the Treaty, it is clear from the case-law of the Court that the freedom of establishment which that article grants to Community nationals and which includes the right for them to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, branch or agency (Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 29; Centro di Musicologia Walter Stauffer , paragraph 17; and Case C-451/05 ELISA [2007] ECR I-8251, paragraph 62). | 29. The freedom of establishment conferred by Article 52 of the Treaty on Community nationals, which entails for them access to, and pursuit of, activities as self-employed persons and the forming and management of undertakings on the same conditions as those laid down for its own nationals by the laws of the Member State of establishment, includes, pursuant to Article 58 of the Treaty, the right of companies or firms formed in accordance with the laws of a Member State and having their registered office, central administration or principal place of business within the Community to pursue their activities in the Member State concerned through a subsidiary, a branch or an agency (Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraph 35). | 1 |
1,531 | 14. At the outset, it must be observed that in the context of the procedure provided for in Article 234 EC, it is not for the Court, given the allocation of functions between itself and the national courts, to determine whether the decision to refer has been taken in accordance with the rules of national law governing the organisation of courts and their procedure (see Case C-10/92 Balocchi [1993] ECR I-5105, paragraphs 16 and 17, and Case C-435/97 WWF and Others [1999] ECR I-5613, paragraph 33). | 29 IT IS NOT POSSIBLE TO INVOKE AGAINST SUCH AN EFFECT THE FACT THAT THE COUNCIL HAS FAILED TO ISSUE THE DIRECTIVES PROVIDED FOR BY ARTICLES 54 AND 57 OR THE FACT THAT CERTAIN OF THE DIRECTIVES ACTUALLY ISSUED HAVE NOT FULLY ATTAINED THE OBJECTIVE OF NON-DISCRIMINATION REQUIRED BY ARTICLE 52 . | 0 |
1,532 | 44. It follows that where a ‘plan’ or ‘programme’ should, prior to its adoption, have been subject to an assessment of its environmental effects in accordance with the requirements of Directive 2001/42, the competent authorities are obliged to take all general or particular measures for remedying the failure to carry out such an assessment (see, by analogy, Wells , paragraph 68). | 30. As regards the residency condition, the first indent of the first paragraph of Article 7 of Decision No 1/80 imposes on the family member of a Turkish worker the obligation to reside with the latter for a continuous period of at least three years. | 0 |
1,533 | 54 Finally, even if, under Directive 76/160, the absolute impossibility of fulfilling the obligations arising from the directive could justify a failure to comply with it, the Belgian authorities have not succeeded in proving absolute impossibility in this case (Commission v Germany, cited above, paragraph 41). | 39. In the latter judgment the Court also ruled, with regard to a breach of Community law for which a Member State, acting in a field in which it has a wide discretion in taking legislative decisions, can be held responsible, that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties (paragraphs 50 and 51). | 0 |
1,534 | 17
More specifically, as far as concerns public undertakings, such as CE Oltenia, the Court has also held that the State is able, by exercising its dominant influence over such undertakings, to direct the use of their resources in order, as occasion arises, to finance specific advantages in favour of other undertakings (judgment of 16 May 2002, France v Commission, C‑482/99, EU:C:2002:294, paragraph 38). | 50. However, the applicant must be required to specify the goods or types of goods to which those services relate by means, for example, of particulars such as those contained in the application for registration filed in the main proceedings (see paragraph 11 of this judgment). | 0 |
1,535 | 105. It is clear from the decision making the reference that the appellant’s claim to short-term incapacity benefit in youth was rejected because she was not present in the United Kingdom on the date on which the claim was made. In those circumstances, even if the formulation of the third question does not refer expressly to that condition of presence, in the procedure laid down by Article 267 TFEU for cooperation between national courts and the Court of Justice, it is for the latter to examine that condition in order to provide the referring court with an answer which will be of use to it and enable it to determine the case before it (see, in particular, Case C‑334/95 Krüger [1997] ECR I‑4517, paragraph 22; Case C‑88/99 Roquette Frères [2000] ECR I‑10465, paragraph 18; and Case C‑62/00 Marks & Spencer [2002] ECR I‑6325, paragraph 32). | 28 In that connection it should be stated that the applicant State has not been able to show that the Commission' s findings were inaccurate . Those findings are capable of giving rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures as regards the conditions for the grant of premiums in the Land in question . | 0 |
1,536 | 72. In addition, even in cases in which the advertiser does not seek, by its use, as a keyword, of a sign identical with the trade mark, to present its goods or services to internet users as an alternative to the goods or services of the proprietor of the trade mark but, on the contrary, seeks to mislead internet users as to the origin of its goods or services by making them believe that they originate from the proprietor of the trade mark or from an undertaking economically connected to it, there is use ‘in relation to goods or services’. As the Court has previously held, such use exists in any event where the third party uses the sign identical with the trade mark in such a way that a link is established between that sign and the goods marketed or the services provided by the third party ( Céline , paragraph 23, and order in UDV North America , paragraph 47). | 49. In that regard, it is apparent from the Court’s case-law that certain types of coordination between undertakings reveal a sufficient degree of harm to competition that it may be found that there is no need to examine their effects (see, to that effect, judgment in LTM , 56/65, EU:C:1966:38, paragraphs 359 and 360; judgment in BIDS , paragraph 15, and judgment in Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 34 and the case-law cited). | 0 |
1,537 | 14. As a preliminary point, it should be noted that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, Case C-472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 24; Case C‑415/04 Stichting Kinderopvang Enschede [2006] ECR I‑1385, paragraph 13; and Case C‑89/05 United Utilities [2006] ECR I-6813, paragraph 21). | 54. According to the relevant provisions of the Finnish collective agreements, compensation for travelling time is paid to workers if their daily commute to and from work is of more than one hour’s duration. | 0 |
1,538 | 55. It also follows from settled case-law that the wording used in one language version of a Community provision cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Such an approach would be incompatible with the requirement of the uniform application of Community law (see Case C‑149/97 Institute of the Motor Industry [1998] ECR I‑7053, paragraph 16; Case C‑187/07 Endendijk [2008] ECR I‑2115, paragraph 23; and Case C‑239/07 Sabatauskas and Others [2008] ECR I‑7523, paragraph 38). | 38. Pursuant to Article 17(1) of the Sixth Directive, which is entitled ‘Origin and scope of the right to deduct’, the right to deduct VAT arises at the time when the deductible tax becomes chargeable. Consequently, only the capacity in which a person is acting at that time can determine the existence of the right to deduct ( Lennartz , paragraph 8). | 0 |
1,539 | 67 In the present case, as the Italian Republic has pointed out, Decision 98/95 does not contain any reasons explaining why the aid to Sardinian shipowners adversely affected competition. The mere statement that the aid is selective and restricted to the shipping sector in Sardinia is not a statement of reasons. Moreover, those aspects of the decision are connected less with the condition relating to the distortion of competition than to the condition of specificity which constitutes one of the other characteristics of the concept of State aid (see Belgium v Commission, cited above, at paragraph 26). | 33 It follows that payments such as those in issue in the main proceedings come within the scope of Article 4(1)(c) of Directive 69/335, even though their amount exceeds the nominal value of the increase in capital which has taken place. | 0 |
1,540 | 41
In order for it to be concluded that there is a sufficiently serious breach of the Ombudsman’s duty to act diligently, it is therefore necessary to establish that, by failing to act with all the requisite care and caution, the Ombudsman gravely and manifestly disregarded the limits on her discretion in the exercise of her powers of investigation. Whilst having regard to that context, account must, to that end, be taken of all aspects characterising the situation concerned, including, in particular, the obviousness of the lack of care shown by the Ombudsman in the conduct of the investigation (see, to that effect, inter alia, judgments of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 22, and of 10 July 2003, Commission v Fresh Marine, C‑472/00 P, EU:C:2003:399, paragraph 31), whether it was excusable or inexcusable (see, to that effect, inter alia, judgments of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 22, and of 4 July 2000, Haim, C‑424/97, EU:C:2000:357, paragraphs 42 and 43), or whether the conclusions drawn from the Ombudsman’s examination were inappropriate and unreasonable (see, to that effect, judgment of 22 October 1991, Nölle, C‑16/90, EU:C:1991:402, paragraph 13). | 24
As regards the installations which, in certain sectors of activity, receive greenhouse gas emission allowances free of charge in accordance with Article 10a(11) of Directive 2003/87, the quantity of those allowances allocated is to decrease gradually from 2013, with a view to reaching the abolition of free allowances in 2027 (judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraph 82). | 0 |
1,541 | 46. It should be stressed at the outset that the fact that the Luxembourg Government has not made a declaration under Article 5 of Regulation No 1408/71 specifying the parental leave allowance provided for under Article 306 of the Code de la Sécurité Sociale as being a scheme as referred to in Article 4(1) and (2) of Regulation No 1408/71 is not proof in itself that the allowance does not fall within the scope of that regulation (see, inter alia, Case 35/77 Beerens [1977] ECR 2249, paragraph 9, and Case C‑85/99 Offermanns [1999] ECR I‑2261, paragraph 26). | 22 However, the Court has held in that regard that the term `lease' implies a change in the possession of the production units in question within the contractual relations created by the lease and refers to any transfer, for consideration, of the right to use the holding, irrespective of the legal form taken by the transfer (see Case 5/88 Wachauf v Bundesamt für Ernährung und Forstwirtschaft [1989] ECR 2609, paragraph 15, and Case C-44/89 Von Deetzen v Hauptzollamt Oldenburg [1991] ECR I-5119 (`Von Deetzen II'), paragraph 37). | 0 |
1,542 | 31. In its case-law, the Court has stated that the leasing or letting of immovable property within the meaning of Article 13B(b) of the Sixth Directive is essentially the conferring by a landlord on a tenant, for an agreed period and in return for payment, of the right to occupy property as if that person were the owner and to exclude any other person from enjoyment of such a right (see, to that effect, Goed Wonen , paragraph 55; Case C‑409/98 Mirror Group [2001] ECR I‑7175, paragraph 31; Case C‑269/00 Seeling [2003] ECR I‑4101, paragraph 49; and Temco Europe , paragraph 19). | 36. A decision which does not, under the law of the first Contracting State which instituted criminal proceedings against a person, definitively bar further prosecution at national level cannot, in principle, constitute a procedural obstacle to the opening or continuation of criminal proceedings in respect of the same acts against that person in another Contracting State. | 0 |
1,543 | 35. As the Court has stated, in the context of a provision enabling Member States to exclude capital goods from the system of VAT deductions for a transitional period, the definition of ‘capital goods’ covers goods used for the purposes of some business activity and distinguishable by their durable nature and their value and such that the acquisition costs are not normally treated as current expenditure but are written off over several years (see, to that effect, Case 51/76 Verbond van Nederlandse Ondernemingen [1977] ECR 113, paragraph 12, and Case C‑98/07 Nordania Finans and BG Factoring [2008] ECR I‑1281, paragraphs 27 and 28). | 10. If the patient has not cancelled the direct debit mandate, and if the patient’s account remains open and is sufficiently in credit for the payment to be made, the bank will debit the patient’s account and notify the BACS accordingly. The BACS will then post a corresponding credit to Denplan’s bank for the credit of Denplan’s account. By this method, the amount requested is transferred from the patient’s bank account to Denplan’s bank account. The BACS sends Denplan reports as to which payments have been made and which have not. Denplan, in its turn, provides payment advices to the relevant dentists and contacts the patients whose payments it has not received. | 0 |
1,544 | 44
As regards the requirement of transparency of contractual terms, as is clear from Article 4(2) of Directive 93/13, the Court has ruled that that requirement, also repeated in Article 5 thereof, cannot be reduced merely to their being formally and grammatically intelligible, but that, to the contrary, since the system of protection introduced by Directive 93/13 is based on the idea that the consumer is in a position of weakness vis-à-vis the seller or supplier, in particular as regards his level of knowledge, that requirement of plain and intelligible drafting of contractual terms and, therefore, the requirement of transparency laid down by the directive must be understood in a broad sense (see, to that effect, judgments of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraphs 71 and 72, and of 9 July 2015, Bucura, C‑348/14, not published, EU:C:2015:447, paragraph 52). | 51. Accordingly, the daily allowance at issue must be paid to posted workers such as those concerned in the main proceedings to the same extent as it is paid to local workers when they are posted within Finland. | 0 |
1,545 | 68. According to settled case-law, the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it ( Arnold André , paragraph 45, and Swedish Match , paragraph 47). | 42. Therefore, it follows from all the foregoing considerations that Article 6(1) of Directive 93/13 must be interpreted as not precluding a national provision under which the national court hearing mortgage enforcement proceedings is required to adjust the amounts due under a term in a mortgage-loan contract providing for default interest at a rate more than three times greater than the statutory rate in order that the amount of that interest may not exceed that threshold, provided that the application of that national provision:
– is without prejudice to the assessment by that national court of the unfairness of such a term and
– does not prevent that court removing that clause if it were to find the latter to be ‘unfair’, within the meaning of Article 3(1) of that directive.
Costs | 0 |
1,546 | 26. It is clear from Article 38(1)(c) of the Rules of Procedure of the Court of Justice and from the case-law relating to that provision that an application must state the subject-matter of the proceedings and a summary of the pleas in law on which the application is based, and that that statement must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the application. It is therefore necessary for the essential points of law and of fact on which a case is based to be indicated coherently and intelligibly in the application itself and for the heads of claim to be set out unambiguously so that the Court does not rule ultra petita or indeed fail to rule on an objection (Case C‑195/04 Commission v Finland [2007] ECR I‑3351, paragraph 22 and the case‑law cited, and Case C‑412/04 Commission v Italy [2008] ECR I‑619, paragraph 103). | 50. In addition, it should be emphasised that any interpretation of Directive 2005/85 must, as can be seen from recital 8 thereto, respect the fundamental rights and observe the principles recognised in particular by the Charter. | 0 |
1,547 | 60. In the present case, the justification put forward by the Italian Republic relates to the need to ensure road safety, which, according to the case-law, constitutes an overriding reason relating to the public interest capable of justifying a hindrance to the free movement of goods (see, in particular, Case C‑55/93 van Schaik [1994] ECR I‑4837, paragraph 19; Case C‑314/98 Snellers [2000] ECR I‑8633, paragraph 55; Commission v Finland , paragraph 40, Commission v Netherlands , paragraph 77, Commission v Portugal , paragraph 38; and C‑170/07 Commission v Poland [2008] ECR I‑0000, paragraph 49). | 10. Il y a lieu de rappeler qu’il résulte de l’article 38, paragraphe 1, sous c), du règlement de procédure et de la jurisprudence relative à cette disposition que toute requête introductive d’instance doit indiquer l’objet du litige ainsi que l’exposé sommaire des moyens et que cette indication doit être suffisamment claire et précise pour permettre à la défenderesse de préparer sa défense et à la Cour d’exercer son contrôle. Il en découle que les éléments essentiels de fait et de droit sur lesquels un recours est fondé doivent ressortir d’une façon cohérente et compréhensible du texte même de la requête et que les conclusions de cette dernière doivent être formulées de manière non équivoque afin d’éviter que la Cour ne statue ultra petita ou bien n’omette de statuer sur un grief (voir, notamment, arrêts du 12 février 2009, Commission/Pologne, C-475/07, point 43, et du 16 juillet 2009, Commission/Pologne, C-165/08, Rec. p. I‑6843, point 42). | 0 |
1,548 | 43. According to settled 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 Union nationals of the freedom of establishment that is guaranteed by the Treaty (see, to that effect, inter alia, Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Gebhard , paragraph 37; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; and Case C‑169/07 Hartlauer [2009] ECR I‑0000, paragraph 33 and the case-law cited). | 42. In that regard, use of the trade mark will not comply with honest practices in industrial or commercial matters where, first, it is done in such a manner that it may give the impression that there is a commercial connection between the reseller and the trade mark proprietor ( BMW , paragraph 51). | 0 |
1,549 | 25. In accordance with settled case-law, in the absence of European Union rules in the field it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from European Union law, provided, first, that such rules are not less favourable than those governing similar domestic actions (principle of equivalence) and, secondly, that they do not render practically impossible or excessively difficult the exercise of rights conferred by European Union law (principle of effectiveness) (see, in particular, Case C-432/05 Unibet [2007] ECR I-2271, paragraph 43; Joined Cases C-222/05 to C-225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 28 and the case-law cited; and Case C‑2/06 Kempter [2008] ECR I‑411, paragraph 57). | 58 Consequently, irrespective of the question whether such proof should also be demanded of female civil servants who have children, it must be held that Article L. 12(b) of the Code introduces a difference in treatment on grounds of sex in regard to male civil servants who have in fact assumed the task of bringing up their children. | 0 |
1,550 | 58. As regards successive fixed-term employment contracts or relationships, it is clear from paragraph 56 of this judgment that the signatory parties to the Framework Agreement considered, as paragraph 7 of the general considerations thereto indicates, that the use of fixed-term employment contracts founded on objective reasons is a way to prevent abuse (see Adeneler and Others , EU:C:2006:443, paragraph 67; Angelidaki and Others , EU:C:2009:250, paragraphs 91 and 92; and the order in Vassilakis and Others , C‑364/07, EU:C:2008:346, paragraph 86). | 24. The notion of ‘distribution to the public ... by sale’ in Article 4(1) of that directive therefore has the same meaning as the expression ‘making available to the public … through sale’ in Article 6(1) of the CT (see, to that effect, judgment in Donner , C‑5/11, EU:C:2012:370, paragraph 24). | 0 |
1,551 | 36. Consequently, where a taxable person requests that his medical-care activities be recognised as coming within the ambit of the exercise of paramedical professions, for the purpose of benefiting from the exemption from VAT laid down in Article 13A(1)(c) of the Sixth Directive, it is for the national courts to examine whether the competent authorities have observed the limits of the discretion granted by this provision, having regard to the objective pursued by the latter and the principle of fiscal neutrality inherent in the common system of VAT (see, to that effect, Case C-141/00 Kügler [2002] ECR I-6833, paragraph 56; Dornier , paragraph 69; and Kingscrest Associates and Montecello , paragraph 52). | 30 Lastly, as regards the question whether the conditions for attributing liability were in fact satisfied in the present case, the examination of that question, which is based on an assessment of the facts, cannot as such be contested in appeal proceedings. | 0 |
1,552 | 48 It is settled case-law that national courts are entitled, and in certain cases obliged, to refer a question of the interpretation or validity of Community law to the Court, either of their own motion or at the request of the parties to the main proceedings, if they consider that a decision on that point by the Court is necessary to enable them to give judgment (see in particular Case 166/73 Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel [1974] ECR 33, paragraph 3, and Case 126/80 Salonia v Poidomani and Giglio [1981] ECR 1563, paragraph 7). That power to raise of its own motion a question of Community law presupposes that the national court considers either that Community law must be applied and, if necessary, national law disapplied or that national law must be interpreted in a way that conforms with Community law (see Joined Cases C-87/90, C-88/90 and C-89/90 Verholen and Others v Sociale Verzekeringsbank [1991] ECR I-3757, paragraph 13). | 70. HE’s claim for deduction of all the VAT attributable to the office must, in those circumstances, be regarded as in conformity with the deduction system, which is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT thus ensures neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see, inter alia, Zita Modes , cited above, paragraph 38). | 0 |
1,553 | 21. It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes. The Explanatory Notes drawn up by the European Commission, as regards the CN, and by the WCO, as regards the HS, may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (judgment in Sysmex Europe , C‑480/13, EU:C:2014:2097, paragraphs 29 and 30 and the case-law cited). | 38. En conséquence, selon une jurisprudence constante de la Cour, l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288 TFUE, de prendre toutes les mesures propres à assurer l’exécution de cette décision. Il doit parvenir à une récupération effective des sommes dues (arrêts du 5 octobre 2006, Commission/France, C‑232/05, Rec. p. I‑10071, point 42, et Commission/Pologne, précité, point 55). | 0 |
1,554 | 53. A distinction must therefore be made between the unequal treatment permitted under Article 58(1)(a) EC and the arbitrary discrimination prohibited under Article 58(3) EC. According to the case-law, in order for national tax rules such as those at issue in the main proceedings – which, for the purposes of assessing inheritance tax, make a distinction as to the deductibility of overendowment debts according to whether the person whose estate is being administered was residing in that Member State or in another Member State at the time of death – to be considered compatible with the provisions of the Treaty on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by overriding reasons in the general interest (see Verkooijen , paragraph 43; Manninen , paragraph 29; and Jäger , paragraph 43). | 34. Force est de souligner à cet égard que le système des voies de recours établi par le traité distingue les recours visés aux articles 226 CE et 227 CE, qui tendent à faire constater qu’un État membre a manqué aux obligations qui lui incombent, et les recours visés aux articles 230 CE et 232 CE, qui tendent à faire contrôler la légalité des actes ou des abstentions des institutions communautaires. Ces voies de recours poursuivent des objectifs distincts et sont soumises à des modalités différentes. Un État membre ne saurait donc utilement, en l’absence d’une disposition du traité l’y autorisant expressément, invoquer l’illégalité d’une décision dont il est destinataire comme moyen de défense à l’encontre d’un recours en manquement fondé sur l’inexécution de cette décision (voir, notamment, arrêts du 30 juin 1988, Commission/Grèce, 226/87, Rec. p. 3611, point 14; du 27 octobre 1992, Commission/Allemagne, C-74/91, Rec. p. I-5437, point 10, et du 27 juin 2000, Commission/Portugal, C-404/97, Rec. p. I-4897, point 34). | 0 |
1,555 | 47
According to settled case-law, an infringement of Article 101(1) TFEU can result not only from an isolated act, but also from a series of acts or from continuous conduct, even if one or more aspects of that series of acts or continuous conduct could also, in themselves and taken in isolation, constitute an infringement of that provision. Accordingly, if the different actions form part of an ‘overall plan’ because their identical object distorts competition in the internal market, the Commission is entitled to impute responsibility for those actions on the basis of participation in the infringement considered as a whole (see, to that effect, judgment of 24 June 2015, Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce, C‑293/13 P and C‑294/13 P, EU:C:2015:416, paragraph 156 and the case-law cited). | 156. According to settled case-law, an infringement of Article 81(1) EC can result not only from an isolated act, but also from a series of acts or from continuous conduct, even if one or more aspects of that series of acts or continuous conduct could also, in themselves and taken in isolation, constitute an infringement of that provision. Accordingly, if the different actions form part of an ‘overall plan’ because their identical object distorts competition within the common market, the Commission is entitled to impute responsibility for those actions on the basis of participation in the infringement considered as a whole (judgment in Commission v Verhuizingen Coppens , C‑441/11 P, EU:C:2012:778, paragraph 41 and the case-law cited). | 1 |
1,556 | 47. In particular, the Court even stated that the procedure of retention at source is a legitimate and appropriate means of ensuring the tax treatment of the income of a person established outside the State of taxation and ensuring that the income concerned does not escape taxation in the State of residence and the State where the services are provided ( FKP Scorpio Konzertproduktionen , EU:C:2006:630, paragraph 36, and X , EU:C:2012:635, paragraph 39). | 36. The procedure of retention at source and the liability rules supporting it constitute a legitimate and appropriate means of ensuring the tax treatment of the income of a person established outside the State of taxation and ensuring that the income concerned does not escape taxation in the State of residence and the State where the services are provided. It should be recalled that at the material time, in 1993, no Community directive or any other instrument referred to in the case-file governed mutual administrative assistance concerning the recovery of tax debts between the Kingdom of the Netherlands and the Federal Republic of Germany. | 1 |
1,557 | 54. It is also settled law that, even in the absence of harmonisation in this area, such a restriction of the freedom to provide services may, where it is applicable to all individuals or undertakings carrying on business in the territory of the host Member State, be justified by an overriding reason in the public interest to the extent that it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it, and in so f ar as that interest is not safeguarded by the rules to which such a service provider is subject in the Member State of establishment (see, to that effect, inter alia, Joined Cases C‑369/96 and C‑376/96 Arblade and Others [1999] ECR I‑8453, paragraphs 34 and 35 and the case-law cited, and Case C‑439/99 Commission v Italy [2002] ECR I‑305, paragraph 23 and the case-law cited). | 23 It is clear from settled case-law, however, that where such measures apply to any person or undertaking carrying on an activity in the territory of the host Member State, they may be justified where they serve overriding requirements relating to the public interest, are suitable for securing the attainment of the objective which they pursue and do not go beyond what is necessary in order to attain it (see, to that effect, Gebhard, paragraph 37, and Analir, paragraph 25). | 1 |
1,558 | D’autre part, quant à la prétendue violation du principe d’égalité de traitement résultant de la différence de régimes d’adoption
des mesures restrictives, selon qu’une personne est désignée par une disposition fondée sur l’article 215, paragraphe 2, TFUE
ou par l’adoption d’un règlement d’exécution fondé sur l’article 291, paragraphe 2, TFUE, il importe de relever que, eu égard
à son incidence négative importante sur les libertés et les droits fondamentaux de la personne ou de l’entité concernée (voir,
en ce sens, arrêts du 3 septembre 2008, Kadi et Al Barakaat International Foundation/Conseil et Commission, C‑402/05 P et
C‑415/05 P, EU:C:2008:461, point 358, ainsi que du 18 juillet 2013, Commission e.a./Kadi, C‑584/10 P, C‑593/10 P et C‑595/10 P,
EU:C:2013:518, point 132), toute inscription sur une liste de personnes ou d’entités visées par des mesures restrictives,
qu’elle soit fondée sur l’article 215 TFUE ou sur l’article 291, paragraphe 2, TFUE, ouvre à cette personne ou à cette entité,
en ce qu’elle s’apparente à son égard à une décision individuelle, l’accès au juge de l’Union, conformément à l’article 263,
quatrième alinéa, TFUE (voir, en ce sens, arrêt du 23 avril 2013, Gbagbo e.a./Conseil, C‑478/11 P à C‑482/11 P, EU:C:2013:258,
point 57), aux fins, notamment, de vérifier la conformité de cette décision individuelle aux critères généraux d’inscription
énoncés par l’acte de base (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 44). | 60. Since nothing prevents the tax authorities of the Member State of taxation from requiring a taxpayer, wishing to obtain the deduction for tax purposes for gifts made for the benefit of bodies established in another Member State, to provide the relevant evidence, that Member State of taxation cannot invoke the need to safeguard the effectiveness of fiscal supervision to justify national legislation which absolutely prevents the taxpayer from producing such evidence. | 0 |
1,559 | 45. À cet égard, il importe de rappeler que la Cour a eu l’occasion de préciser, en ce qui concerne la directive 2003/55, que, bien qu’il ne résulte pas explicitement de l’article 23, paragraphe 1, sous c), de cette directive, ni, d’ailleurs, des autres dispositions de ladite directive, que le prix de fourniture du gaz naturel devait, à compter du 1 er juillet 2007, être seulement fixé par le jeu de l’offre et de la demande, cette exigence découlait de la finalité même et de l’économie générale de la même directive qui, ainsi que le précisaient ses considérants 3, 4 et 18, avait pour objectif de parvenir progressivement à une libéralisation totale du marché du gaz naturel dans le cadre de laquelle, notamment, tous les fournisseurs peuvent librement délivrer leurs produits à tous les consommateurs (arrêt Federutility e.a., C-265/08, EU:C:2010:205, points 17 et 18). | 19. However, that allocation of fiscal jurisdiction does not allow Member States to apply measures contrary to the freedoms of movement guaranteed by the FEU Treaty. As regards the exercise of the power of taxation so allocated by bilateral conventions to prevent double taxation, the Member States must comply with EU rules (judgment in Imfeld and Garcet , EU:C:2013:822, paragraph 42). | 0 |
1,560 | 89 In that regard, it must be observed that access to the file in competition cases is intended in particular to enable the addressees of a statement of objections to acquaint themselves with the evidence in the Commission's file so that they can express their views effectively on the basis of that evidence on the conclusions reached by the Commission in its statement of objections (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 7; Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 9 and 11; and Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 21). | 69. Nevertheless, where an EU institution enjoys broad discretion, a review of compliance with certain procedural guarantees is of fundamental importance. Those guarantees include the obligation for the ESCB to examine carefully and impartially all the relevant elements of the situation in question and to give an adequate statement of the reasons for its decisions. | 0 |
1,561 | 20 That principle, which is part of the Community legal order (see the judgment in Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraph 30), is the corollary of the principle of legal certainty, which requires that legal rules be clear and precise, and aims to ensure that situations and legal relationships governed by Community law remain foreseeable. It is settled case-law that in the sphere of the common organization of the markets, whose purpose involves constant adjustments to meet changes in the economic situation, economic agents cannot legitimately expect that they will not be subject to restrictions arising out of future rules of market or structural policy (see, in particular, the judgment in Case C-177/90 Kuehn v Landwirtschaftskammer Weser-Ems [1992] ECR I-35, paragraph 13). According to paragraph 14 of that judgment, the principle of the protection of legitimate expectations may be invoked as against Community rules only to the extent that the Community itself has previously created a situation which can give rise to a legitimate expectation. | 78 For one thing, it seeks to achieve the aim of ensuring that there is sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. | 0 |
1,562 | 31. However, such a restriction may be justified in so far as it pursues a legitimate objective in the public interest, and to the extent that it complies with the principle of proportionality in that it is suitable for securing the attainment of that objective and does not go beyond what is necessary in order to attain it (see, to that effect, Serrantoni and Consorzio stabile edili , EU:C:2009:808, paragraph 44). | 20 As the Commission has rightly observed, the ninth recital in the preamble to Directive 89/552 expressly refers to the disparities between the laws, regulations and administrative measures in Member States concerning the pursuit of activities as television broadcasters and cable operators, without drawing any distinction between primary and secondary television broadcasting. According to the tenth recital, all restrictions on freedom to provide broadcasting services within the Community which result from such disparities must be abolished. | 0 |
1,563 | 31. Furthermore, the Court’s case-law makes clear that every citizen of the Union may rely on Article 18 TFEU, which prohibits any discrimination on grounds of nationality, in all situations falling within the scope ratione materiae of European Union law, those situations including the exercise of the freedom conferred by Article 21 TFEU to move and reside within the territory of the Member States (see, to that effect, Case C-148/02 Garcia Avello [2003] ECR I‑11613, paragraph 24; Case C‑209/03 Bidar [2005] ECR I‑2119, paragraphs 32 and 33; and Case C‑158/07 Förster [2008] ECR I‑8507, paragraphs 36 and 37). | 35. The Second Chamber of the Court decided, on 11 June 2012, on the Judge-Rapporteur’s proposal and after hearing the Advocate General, to grant the referring court’s request that the reference for a preliminary ruling be dealt with under the urgent procedure.
The questions referred for a preliminary ruling | 0 |
1,564 | 29. Or, conformément à l’article 2, paragraphe 1, de la directive 2000/78, le principe de l’égalité de traitement consacré par cette directive s’applique en fonction des motifs énumérés de manière exhaustive à son article 1 er (voir, en ce sens, arrêt Coleman, C‑303/06, EU:C:2008:415, points 38 et 46), ce qui a amené la Cour à juger que ladite directive ne vise pas les discriminations fondées sur la catégorie professionnelle ou le lieu de travail (voir arrêt Agafiţei e.a., C‑310/10, EU:C:2011:467, point 35, ainsi que, en ce sens, ordonnance Rivas Montes, C‑178/12, EU:C:2013:150, point 44). | 42. Il convient, dès lors, d’apprécier la conformité du contrôle technique litigieux au regard de l’article 28 CE, en vérifiant si l’obligation de soumettre les véhicules d’occasion précédemment immatriculés dans d’autres États membres à un contrôle technique préalablement à leur immatriculation en Pologne constitue une mesure d’effet équivalent à une restriction quantitative à l’importation, interdite par cette disposition. | 0 |
1,565 | 67
It follows from the case-law of the Court of Justice, however, that the taking into account, by virtue of the principle of equal treatment, of differences between the undertakings that have participated in a single cartel (in particular with regard to the geographic scope of their respective involvement) for the purpose of assessing the gravity of an infringement need not necessarily occur when the multipliers for the ‘gravity of the infringement’ and for the ‘additional amount’ are set but may occur at another stage in the setting of the fine, such as when the basic amount of the fine is adjusted in the light of mitigating and aggravating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105). | 90
First, that provision does not require the Member States to introduce sentences of imprisonment for the situations which it covers, but lets them choose the penalties that they wish to adopt, provided that those penalties are effective, proportionate and dissuasive. Therefore, even in the situations for which Article 4(3) of the Schengen Borders Code lays down an obligation to introduce penalties, the Member States may comply with that obligation while observing at the same time the obligations stemming from Directive 2008/115. The fact that Article 4(3) of the Schengen Borders Code is not in any way intended to derogate from the common standards and procedures established by that directive is, moreover, expressly confirmed in Article 12(1) of the Schengen Borders Code as amended by Regulation No 610/2013. | 0 |
1,566 | 89. Article 12 EC, which prohibits any discrimination on grounds of nationality, is a specific expression of the general principle of equality, which itself is one of the fundamental principles of Community law (see, to that effect, inter alia, Case 810/79 Überschär [1980] ECR 2747, paragraph 16, and Case C‑224/00 Commission v Italy [2002] ECR I‑2965, paragraph 14). | 53. The risk to health, mentioned by the referring court, is an autonomous factor that must also be taken into consideration by the competent national authorities in the context of the classification of the product as a medicinal product ‘by function’ (see, to that effect, Commission v Austria , cited above, paragraph 65). | 0 |
1,567 | 28. Consequently, where goods or services acquired by a taxable person are used for purposes of transactions that are exempt or do not fall within the scope of VAT, no output tax can be collected or input tax deducted (see Case C‑184/04 Uudenkaupungin kaupunki [2006] ECR I‑3039, paragraph 24, and Case C‑72/05 Wollny [2006] ECR I‑8297, paragraph 20). | 23. As a preliminary point, it should be recalled that it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation obtaining in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-220/99 Commission v France [2001] ECR I-5831, paragraph 33; and Case C-323/01 Commission v Italy [2002] ECR I-4711, paragraph 8). It follows that, in the present case, only the bathing seasons 1995 to 1998 are relevant for determining whether there were infringements as alleged. | 0 |
1,568 | 40. Moreover, Clause 5(1) of the Framework Agreement, the third paragraph of its preamble and paragraphs 8 and 10 of its general considerations give Member States the discretion, when implementing the agreement, to take account of the particular needs of the specific sectors and/or categories of workers involved, provided that that is justified on objective grounds (see, to that effect, judgment in Mascolo and Others , paragraph 70 and the case-law cited). | 20. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 11 octobre 2001, Commission/Autriche, C-111/00, Rec. p. I-7555, point 13, et du 26 avril 2007, Commission/Italie, C-135/05, Rec. p. I-3475, point 36). | 0 |
1,569 | 48. Although that is the position where tax fraud is committed by the taxable person himself, it is also the case where a taxable person knew, or should have known, that, by his purchase, he was taking part in a transaction connected with VAT fraud. In such circumstances, the taxable person concerned must, for the purposes of the Sixth Directive, be regarded as a participant in such fraud, whether or not he profits from the resale of the goods or the use of the services in the context of the taxable transactions subsequently carried out by him (see judgments in Bonik , C‑285/11, EU:C:2012:774, paragraphs 38 and 39 and the case-law cited, and in Maks Pen , C‑18/13, EU:C:2014:69, paragraph 27). | 53. Il ressort de ces dispositions que, pour qu’une violation des droits fondamentaux constitue une persécution au sens de l’article 1 er , section A, de la convention de Genève, elle doit atteindre un certain niveau de gravité. Toute violation des droits fondamentaux d’un demandeur d’asile homosexuel n’atteindra donc pas nécessairement ce niveau de gravité. | 0 |
1,570 | 24. In the context of that cooperation, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is, in principle, bound to give a ruling (see, inter alia, judgment in Klarenberg , C‑466/07, EU:C:2009:85, paragraph 26). | 26. In the context of that cooperation, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is, in principle, bound to give a ruling ( Schneider , paragraph 21; Case C-165/03 Längst [2005] ECR I‑5637, paragraph 31; and Kirtruna and Vigano , paragraph 26). | 1 |
1,571 | 27. Au sens de ces articles, la qualité d’assujetti non établi présuppose que l’assujetti ne dispose, au cours de la période de référence, d’aucun des éléments de rattachement identifiés aux articles 1 er desdites directives (voir, en ce sens, arrêt Planzer Luxembourg, précité, point 52). | 87. Since the Commission is required to prove the alleged infringement, by providing the Court with the information necessary for it to determine whether the infringement is made out, and may not rely on any presumption (see, inter alia, Commission v United Kingdom , cited above, paragraph 31), the Commission's fourth complaint must be rejected.
The existence of implied refusals for which reasons are not given
Arguments of the parties | 0 |
1,572 | 17 The concept of public security, within the meaning of the Treaty articles cited in the preceding paragraph, covers both a Member State's internal security, as in the main proceedings in Johnston, and its external security (in this connection, see Case C-367/89 Richardt and `Les Accessoires Scientifiques' [1991] ECR I-4621, paragraph 22, and Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 26). | 235. As the Advocate General has observed in point 93 of her Opinion, a biological species is the totality of all individual beings which form a reproducing community. | 0 |
1,573 | 59. It is clear from the 4th and 11th recitals in the preamble to the Directive that the threatened habitats and species form part of the European Community’s natural heritage and that the threats to them are often of a transboundary nature, so that the adoption of conservation measures is a common responsibility of all Member States. Accordingly, faithful transposition becomes particularly important in an instance such as the present one, where management of the common heritage is entrusted to the Member States in their respective territories (see Commission v United Kingdom , paragraph 25) | 31. Firstly, in that regard, the principle of equal treatment or non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified. | 0 |
1,574 | 35 The Court has already observed on several occasions that it would be compatible with the principles of Community law for courts before which claims for repayment were brought to take into consideration the damage which the trader concerned might have suffered because measures such as the disputed charge had the effect of restricting the volume of exports (Just, paragraph 26; and Comateb, paragraph 30). | 55
It follows that the executing judicial authority is obliged to execute a European arrest warrant, notwithstanding the absence of the person concerned at the trial resulting in the decision, where one of the situations referred to in Article 4a(1)(a), (b), (c) or (d) of that Framework Decision is verified. | 0 |
1,575 | 28. Accordingly, it is clear from the wording of those provisions that a co-incineration plant constitutes a particular form of incineration plant and that it is on the basis of the main purpose of a plant that the assessment of whether it is an incineration plant or a co-incineration plant is to be made ( Gävle Kraftvärme , paragraph 37).
The classification of the gas plant | 11 First, it should be recalled that Article 48 of the Treaty, which was implemented by Directive 68/360, and Articles 52 and 59 of the Treaty, implemented by Directive 73/148, are based on the same principles both as regards the entry into and residence in the territory of Member States of persons covered by Community law and as regards the prohibition of all discrimination between them on grounds of nationality (Case 48/75 Royer [1976] ECR 497, paragraphs 11 and 12). | 0 |
1,576 | 31. Although the questions asked by the referring court concern the capacity as a taxable person of the person acquiring the goods, the Court none the less considers it necessary to give the referring court some indications regarding the condition concerning transport. Since the dispute in the main proceedings concerns a transaction in which the goods sold were the object of two successive supplies, but only one intra-Community transport, the classification as an intra-Community supply of the first supply, between the branch of VSTR and Atlantic, which can be therefore exempted from VAT pursuant to the first subparagraph of Article 28c(A)(a) of the Sixth Directive, depends on whether, as the order for reference suggests, that transport can actually be ascribed to that first supply (see, to that effect, Case C-245/04 EMAG Handel Eder [2006] ECR I-3227, paragraph 45, and Case C-430/09 Euro Tyre Holding [2010] ECR I-13335, paragraph 21). | 44. En outre, la Cour a déjà jugé que l’intérêt de renforcer la structure concurrentielle du marché en cause en général ne saurait constituer une justification valable de restrictions à la libre circulation des capitaux (voir arrêt Commission/Italie, précité, point 37). | 0 |
1,577 | 46. As is clear from paragraph 33 of this judgment, the Court has already held that, under the principle of non-discrimination and, in particular, Articles 2(1) and 5(1) of Directive 76/207, protection against dismissal must be granted to women not only during maternity leave, but also throughout the period of the pregnancy. According to the Court, dismissal of a female worker on account of pregnancy, or for a reason essentially based on that state, affects only women and therefore constitutes direct discrimination on the grounds of sex (see, to that effect, Handels- og Kontorfunktionærernes Forbund , paragraph 13; Brown , paragraphs 16, 24 and 25; McKenna , paragraph 47; and Paquay , paragraph 29). | 52. However, it should be noted that the objective examination regarding the determination of injury caused to the Union industry, provided for in Article 3(2) of the basic regulation, must relate, first, to the volume of the dumped imports and the effect of the dumped imports on prices in the Union market for like products, and, secondly, to the consequent impact of those imports on the Union industry. | 0 |
1,578 | 79
This conclusion is supported by the case-law of the Court of Justice according to which Directive 98/34 aims to enable economic operators to be apprised of the extent of the obligations that may be imposed on them and to anticipate the adoption of those texts by adapting, if necessary, their products or services in a timely manner (see, to that effect, judgment of 4 February 2016, Ince, C‑336/14, EU:C:2016:72, paragraph 83). | 60. According to the case-law of the Court, Directive 2003/88 treats entitlement to annual leave and to a payment on that account as being two aspects of a single right. The purpose of the requirement of payment for that leave is to put the worker, during such leave, in a position which is, as regards remuneration, comparable to periods of work (see Robinson-Steele and Others , paragraph 58). | 0 |
1,579 | 49. Those requirements of equivalence and effectiveness embody the general obligation on the Member States to ensure judicial protection of an individual’s rights under EU law. They apply both as regards the designation of the courts and tribunals having jurisdiction to hear and determine actions based on EU law and as regards the definition of detailed procedural rules (see Impact , paragraphs 47 and 48, and Case C-63/08 Pontin [2009] ECR I-0000, paragraph 44). | 15. The Court has previously held that the concept of ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29 includes two cumulative criteria, namely, an ‘act of communication’ of a work and the communication of that work to a ‘public’ (see judgment in Svensson and Others , C‑466/12, EU:C:2014:76, paragraph 16). | 0 |
1,580 | 58. Not to apply that article to a final decision acquitting the accused for lack of evidence would have the effect of jeopardising exercise of the right to freedom of movement (see, to this effect, Van Esbroeck , paragraph 34). | 34. As pointed out by the Advocate General in point 45 of his Opinion, that right to freedom of movement is effectively guaranteed only if the perpetrator of an act knows that, once he has been found guilty and served his sentence, or, where applicable, been acquitted by a final judgment in a Member State, he may travel within the Schengen territory without fear of prosecution in another Member State on the basis that the legal system of that Member State treats the act concerned as a separate offence. | 1 |
1,581 | 34. According to equally settled case‑law, that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the relevant public’s perception of the mark ( Procter & Gamble v OHIM , paragraph 33; Case C‑25/05 P Storck v OHIM [2006] ECR I‑5719, paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). | 20 Since the explanatory notes are not binding, it must be determined whether their content is compatible with the provisions of the CN and does not alter their scope. | 0 |
1,582 | 36. As regards the principle of effectiveness, the Court has stated that it is compatible with EU law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty which protects both the taxpayer and the authorities concerned. Such periods are not by their nature liable to make it virtually impossible or excessively difficult to exercise the rights conferred by EU law, even if the expiry of those periods necessarily entails the dismissal, in whole or in part, of the action brought (see Iaia and Others , paragraph 17 and the case-law cited). In that regard, by way of example, a time-limit of three years under national law was considered reasonable (see, to that effect, Case C‑542/08 Barth [2010] ECR I-0000, paragraph 29). | 68. It must be noted, in this respect, that since the purpose of Directive 96/71 is not to harmonise systems for establishing terms and conditions of employment in the Member States, the latter are free to choose a system at the national level which is not expressly mentioned among those provided for in that directive, provided that it does not hinder the provision of services between the Member States. | 0 |
1,583 | 24 Next, where a provision of Community law is open to several interpretations, only one of which can ensure that the provision retains its effectiveness, preference must be given to that interpretation (see, to that effect, the judgment in Case 187/87 Saarland and Others v Ministre de l'Industrie [1988] ECR 5013, paragraph 19). | 20. Second, as the Bundesfinanzhof pointed out in its order for reference, it must be observed that licensed public casinos are not subject to any restriction as regards the games of chance and gaming machines they may operate. | 0 |
1,584 | 43. The Court has also pointed out that the number of hospitals, their geographical distribution, the mode of their organisation and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning, generally designed to satisfy various needs, must be possible. For one thing, such planning seeks to ensure that there is sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. For another thing, it assists in meeting a desire to control costs and to prevent, as far as possible, any wastage of financial, technical and human resources. Such wastage would be all the more damaging because it is generally recognised that the hospital care sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for healthcare are not unlimited, whatever the mode of funding applied ( Smits and Peerbooms , paragraphs 76 to 79, and Watts , paragraphs 108 and 109). | 22 The questions referred by the national court relate, therefore, to the taking into account of a benefit such as the old-age pension granted to Mrs Engelbrecht under the AOW on the basis of compulsory insurance. | 0 |
1,585 | 39 As to that submission, Community legislation concerning freedom of movement for workers, freedom to provide services and freedom of establishment is not applicable to situations not presenting any link to any of the situations envisaged by Community law. Consequently, that legislation cannot be applied to the situation of persons who have never exercised those freedoms (see, in particular, Case C-206/91 Koua Poirrez [1992] ECR I-6685, paragraphs 10, 11 and 12, and Case C-60/00 Carpenter [2002] ECR I-0000, paragraph 28). | 435. The Court of First Instance further held, also correctly, that according to that same line of decisions the Commission was not required to indicate in the statement of objections the possibility that it might change its policy as regards the level of the amount of the fines, a possibility which depends on general competition policy considerations with no direct bearing on the particular circumstances of the cases in question (see Musique Diffusion française and Others v Commission , paragraph 22). | 0 |
1,586 | 24. In the absence of a definition in the Treaty of ‘movement of capital’ for the purposes of Article 56(1) EC, the Court has previously recognised the nomenclature annexed to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty [an article repealed by the Treaty of Amsterdam] (OJ 1988 L 178, p. 5) as having indicative value, even though that directive was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (Articles 67 to 73 of the EEC Treaty were replaced by Articles 73B to 73G of the EC Treaty, now Articles 56 EC to 60 EC), subject to the qualification, contained in the introduction to the nomenclature, that the list set out therein is not exhaustive (see, in particular, Case C‑513/03 van Hilten‑van der Heijden [2006] ECR I‑1957, paragraph 39; Centro di Musicologia Walter Stauffer , paragraph 22; and Case C‑11/07 Eckelkamp [2008] ECR I‑0000, paragraph 38). Gifts and endowments are listed under Heading XI, entitled ‘Personal capital movements’ in Annex I to Directive 88/361. | 25CONSEQUENTLY THE ITALIAN ADMINISTRATION IS NOT ENTITLED TO HAVE RECOURSE TO THE PROTECTIVE MEASURE IN QUESTION AGAINST A TRADER IN RESPECT OF AN IMPORTATION WHICH TOOK PLACE AFTER THE DATE - 28 JULY 1966 - ON WHICH THE COMMISSION ' S DECISION TOOK EFFECT WITH REGARD TO THE STATE .
| 0 |
1,587 | 41. Les obstacles à la libre circulation des marchandises résultant, en l’absence d’harmonisation des législations, de l’application à des marchandises en provenance d’autres États membres, où elles sont légalement fabriquées et commercialisées, de règles relatives aux conditions auxquelles doivent répondre ces marchandises, même si ces règles sont indistinctement applicables à tous les produits, constituent des mesures d’effet équivalent à des restrictions quantitatives, interdites par l’article 28 CE (arrêts du 24 novembre 1993, Keck et Mithouard, C‑267/91 et C‑268/91, Rec. p. I‑6097, point 15; du 16 novembre 2000, Commission/Belgique, C‑217/99, Rec. p. I‑10251, point 16; du 7 juin 2007, Commission/Belgique, C‑254/05, Rec. p. I‑4269, point 28 et du 14 février 2008, Dynamic Medien, C‑244/06, non encore publié au Recueil, point 27). Il y a lieu de vérifier si les mesures litigieuses sont des réglementations constituant des mesures d’effet équivalent à des restrictions quantitatives à la libre circulation des marchandises au sens de la jurisprudence précitée. | 58. It follows that, contrary to what the Court of First Instance held at paragraph 29 of the order under appeal, the Commission did adopt a definite position on Athinaïki Techniki’s request seeking a finding of infringement of Articles 87 EC and 88 EC. | 0 |
1,588 | 95. It follows that requests for preliminary rulings which seek to ascertain the validity of a measure constitute, like actions for annulment, means for reviewing the legality of European Union acts (see Joined Cases C-143/88 and C-92/89 Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest [1991] ECR I-415, paragraph 18, and Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 ABNA and Others [2005] ECR I-10423, paragraph 103). | 40. S’agissant des moyens invoqués par la République italienne dans le cadre de sa défense, il y a lieu de relever que, selon une jurisprudence constante, le seul moyen de défense susceptible d’être invoqué par un État membre contre un recours en manquement introduit par la Commission sur le fondement de l’article 108, paragraphe 2, TFUE est celui tiré d’une impossibilité absolue d’exécuter correctement la décision en cause (voir, notamment, arrêts du 22 décembre 2010, Commission/Italie, C‑304/09, non encore publié au Recueil, point 35, et du 6 octobre 2011, Commission/Italie, C‑302/09, point 40). | 0 |
1,589 | 80
As the Court has previously stated, the publication of the decision concerning the signature and conclusion of an agreement in the Official Journal of the European Union is not capable of remedying an infringement of Article 218(10) TFEU. Such publication is prescribed in Article 297 TFEU and satisfies the publicity requirements to which a European Union act is subject if it is to enter into force, whereas the information requirement arising under Article 218(10) TFEU is prescribed in order to ensure that the Parliament is in a position to exercise democratic scrutiny of the European Union’s external action and, more particularly, to verify that its powers are respected specifically as a result of the choice of legal basis for a decision on the conclusion of an agreement (judgment of 24 June 2014, Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 79). | 15. The provisions of the EC Treaty on freedom of movement for persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community, and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (see Case C-464/02 Commission v Denmark [2005] ECR I-7929, paragraph 34 and the case-law cited). | 0 |
1,590 | 58. In any event, for the period prior to the expiry date of the reasonable period granted to the European Union in accordance with the DSU to comply with the recommendations or decisions of the DSB, the European Union Courts cannot conduct a review of the lawfulness of the European Union measures in the light of the WTO rules, without rendering that reasonable period ineffective (see, to that effect, Case C-93/02 P Biret International v Council [2003] ECR I-10497, paragraphs 61 and 62, and X and X , paragraph 41). | 62. The purpose of the WTO agreements is to govern relations between States or regional organisations for economic integration and not to protect individuals. As the Court of Justice stated in Portugal v Council , cited above, the agreements are still founded on the principle of negotiations with a view to entering into reciprocal and mutually advantageous arrangements and thus differ from the agreements concluded between the Community and non-member countries whereby the obligations are not necessarily reciprocal. To have the task of ensuring that Community law is in conformity with those rules fall directly to the Community judicature would be to deprive the legislative or executive bodies of the Community of the discretion enjoyed by similar bodies of the Community ' s trading partners. | 1 |
1,591 | 24. However, such a restriction may be justified by reasons relating to the protection of public health, in accordance with the provisions of Article 30 EC (Ferring , cited above, paragraph 33). | 78. For an argument based on such a justification to succeed, the Court requires, however, that a direct link be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy, with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question (see Papillon , paragraph 44 and the case-law cited). | 0 |
1,592 | 46. Moreover, the Court has already held that, having regard to their nature and structure, the provisions of the TRIPs Agreement do not have direct effect. Those provisions are not, in principle, among the rules in the light of which the Court is to review the legality of measures of the Community institutions under the first paragraph of Article 230 EC and are not such as to create rights upon which individuals may rely directly before the courts by virtue of European Union law (see, to that effect, Case C-149/96 Portugal v Council [1999] ECR I-8395, paragraphs 42 to 48; Joined Cases C-300/98 and C-392/98 Dior and Others [2000] ECR I‑11307, paragraph 44, and Case C-245/02 Anheuser-Busch [2004] ECR I-10989, paragraph 54). | 47 CONSEQUENTLY THE COMMISSION WAS NOT ENTITLED TO AUTHORIZE AID IF THE PLANS TO GRANT OR ALTER THE AID HAD NOT BEEN NOTIFIED TO IT BY 30 SEPTEMBER 1982 . | 0 |
1,593 | 42. In that respect, it is necessary to state at the outset that Directive 83/183 was adopted on the basis of Article 99 of the EC Treaty (now Article 93 EC). That provision empowers the Council to harmonise national legislation concerning, inter alia, excise duties, to the extent necessary to ensure the establishment and functioning of the internal market ( Commission v Germany , paragraph 35). | 21. In the field of trade marks, placing non-Community goods bearing a mark under a suspensive customs procedure such as that of external transit is not, per se, interference with the right of the proprietor of the mark to control the initial marketing in the Community ( Class International , paragraph 47). | 0 |
1,594 | 105. Since the Verwaltungsgericht Stuttgart has also indicated that, after the deduction, provided for by the legislation at issue in the main proceedings in favour of eligible non-profit-making activities, has been made, the surplus revenue is paid into the public purse, and in so far as it is not possible to exclude the possibility that the financial support given to bodies recognised as being in the public interest permits the latter to develop activities in the public interest which the State might normally be called upon to undertake, thereby leading to a reduction in the State’s expenses, it should, secondly, be recalled that neither is the need to prevent the reduction of tax revenues among the overriding reasons in the public interest capable of justifying a restriction on a freedom instituted by the Treaty (see, to that effect, Case C‑318/07 Persche [2009] ECR I‑359, paragraphs 45 and 46 and case-law cited). | 33. Ainsi qu’il ressort du dossier de la présente affaire, les entreprises exerçant les activités de certification, à savoir les SOA, opèrent, comme l’a relevé M. l’avocat général au point 57 de ses conclusions, dans les conditions de la concurrence. | 0 |
1,595 | 49
It is true that the Court has held that Directive 2004/80 provides for compensation only where a violent intentional crime has been committed in a Member State in which the victim finds himself in exercising his right to free movement, so that a purely internal situation does not fall within the scope of that directive (see, to that effect, judgments of 28 June 2007, Dell’Orto, C‑467/05, EU:C:2007:395, paragraph 59, and 12 July 2012, Giovanardi and Others, C‑79/11, EU:C:2012:448, paragraph 37, and order of 30 January 2014, C., C‑122/13, EU:C:2014:59, paragraph 12). The fact remains that, in so doing, the Court merely stated that the system of cooperation established by Directive 2004/80 solely concerns access to compensation in cross-border situations, without however excluding that Article 12(2) of that directive requires each Member State, for the purposes of securing the objective pursued by it in such situations, to adopt a national scheme guaranteeing compensation for victims of any violent intentional crime on its territory. | 28. While it is established that the rights to freedom of movement laid down under that article benefit workers, including those seeking employment, there is nothing in the wording of that article to indicate that those rights may not be relied upon by others. In order to be truly effective, the right of workers to be engaged and employed without discrimination necessarily entails as a corollary the employer’s entitlement to engage them in accordance with the rules governing freedom of movement for workers (see Case C-350/96 Clean Car Autoservice [1998] ECR I-2521, paragraphs 19 and 20, and Case C-208/05 ITC Innovative Technology Center [2007] ECR I-181, paragraphs 22 and 23). | 0 |
1,596 | 50. The First Directive is therefore part of a series of directives which came progressively to define the obligations of Member States concerning civil liability in respect of the use of vehicles. Although the Court has repeatedly held that it is apparent from the recitals in the preambles to the First and Second Directives that the aim of those directives is to ensure the free movement of vehicles normally based on European Union territory and of persons travelling in those vehicles, it has also repeatedly held that they also have the objective of guaranteeing that the victims of accidents caused by those vehicles receive comparable treatment irrespective of where in the European Union the accident occurred (see, inter alia, to that effect Ruiz Bernáldez , C‑129/94, EU:C:1996:143, paragraph 13, and Csonka and Others , C‑409/11, EU:C:2013:512, paragraph 26 and the case-law cited). | 117. Such rules reveal a function of banking foundations going beyond the simple placing of capital by an investor. They make possible the exercise of functions relating to control, but also to direction and financial support. They illustrate the existence of organic and functional links between the banking foundations and the banking companies, which is confirmed by the maintenance, particularly under a provision like Article 14 of Decree No 356/90, of supervision by the Minister for the Treasury. | 0 |
1,597 | 87. As regards the argument put forward by the Portuguese Republic to the effect that the provisions relating to the freedom to provide services laid down by Directive 2006/123 do not yet apply to the present proceedings, suffice it to note that, even in the absence of measures of harmonisation, a restriction of Article 49 EC can be justified only by legislation which is based on overriding reasons in the public interest and applicable to all individuals and undertakings carrying on business in the territory of the host State, to the extent that that interest is not safeguarded by the rules to which such a service provider is subject in the Member State in which it is established and provided that that legislation is suitable for attaining the objective pursued, and does not go beyond what is necessary to attain it (see, to that effect, Case C‑58/98 Corsten [2000] ECR I‑7919, paragraph 35; Case C‑433/04 Commission v Belgium [2006] ECR I‑10653, paragraph 33; and Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 64 and the case-law cited). | 49. The holiday pay required by Article 7(1) of the directive is intended to enable the worker actually to take the leave to which he is entitled. | 0 |
1,598 | 38. In that regard, it follows from the Court’s case-law that the intentions of the purchaser can – or, in certain cases, must – be taken into account in the course of an overall assessment of the circumstances of a transaction, provided that they are supported by objective evidence (see, to that effect, Case 268/83 Rompelman [1985] ECR 655, paragraph 24; Case C‑230/94 Enkler [1996] ECR I‑4517, paragraph 24; Joined Cases C‑110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I‑1577, paragraph 47; and Case C‑84/09 X [2010] ECR I‑0000, paragraphs 47 and 51). | 44
Il ressort de la jurisprudence de la Cour relative à ce dernier règlement que seule une obligation juridique librement consentie par une personne à l’égard d’une autre et sur laquelle se fonde l’action du demandeur relève de la «matière contractuelle», au sens de l’article 5, point 1, dudit règlement (voir arrêt Kolassa, C‑375/13, EU:C:2015:37, point 39). Par analogie, et conformément à l’objectif de cohérence indiqué au point 43 du présent arrêt, il convient de considérer que la notion d’«obligation contractuelle», au sens de l’article 1er du règlement Rome I, désigne une obligation juridique librement consentie par une personne à l’égard d’une autre. | 0 |
1,599 | 73. It follows that measures which are incompatible with observance of the human rights thus recognised are not acceptable in the Community (see, inter alia , ERT , cited above, paragraph 41, and Case C-299/95 Kremzow [1997] ECR I-2629, paragraph 14). | 25. Il convient de rappeler que l’article 49 TFUE impose la suppression des restrictions à la liberté d’établissement. Cette liberté comprend, pour les sociétés constituées en conformité avec la législation d’un État membre et ayant leur siège statutaire, leur administration centrale ou leur principal établissement à l’intérieur de l’Union, le droit d’exercer leur activité dans d’autres États membres par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir arrêts du 23 octobre 2008, Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, C‑157/07, Rec. p. I‑8061, point 28, et du 25 février 2010, X Holding, C‑337/08, Rec. p. I‑1215, point 17). | 0 |
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