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In relation to direct taxes, the situations of non-residents and of residents are generally not comparable, because the income received in the territory of a Member State by a non-resident is in most cases only a part of his total income, which is concentrated at his place of residence, and because a non-resident’s personal ability to pay tax, determined by reference to his aggregate income and his personal and family circumstances, is easier to assess at the place where his personal and financial interests are centred, which in general is the place where he is habitually resident (see, inter alia, judgments of 14 February 1995, Schumacker, C‑279/93, EU:C:1995:31, paragraphs 31 and 32, and of 18 June 2015, Kieback, C‑9/14, EU:C:2015:406, paragraph 22). | 106 It follows that the ban on exports of bovine meat likewise cannot be regarded as a manifestly inappropriate measure. | 0 |
1,701 | 21. It should be recalled that by including amongst the taxable transactions defined in Article 2 not only the importation of goods but also the supply of goods or services effected for consideration within the territory of a country and by defining ‘taxable person’ in Article 4(1) as any person who independently carries out an economic activity, whatever the purpose or results of that activity, the Sixth Directive attributes to VAT a very wide scope (Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 6; Case C‑260/98 Commission v Greece [2000] ECR I‑6537, paragraph 24; and Case C‑154/08 Commission v Spain [2009] ECR I‑0000, paragraph 87). | 40. It is also important to point out that the issue of disruptions in trade is not explicitly mentioned in the enacting terms of Regulations Nos 999/2001 and 1248/2001. As the preamble to a Community act has no binding legal force (Case C-134/08 Tyson Parketthandel [2009] ECR I‑0000, paragraph 16 and the case-law cited), the clarification in recital 7 to Regulation No 1248/2001 must, as the Commission of the European Communities maintained at the hearing, be interpreted as a reference to primary law and, in particular, to the principle of proportionality. | 0 |
1,702 | 32. However, the special rule on jurisdiction provided for in Article 6(1) of Regulation No 44/2001 cannot be interpreted in such a way as to allow a plaintiff to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (see, in relation to the Brussels Convention, Case 189/87 Kalfelis [1988] ECR 5565, paragraphs 8 and 9, and Réunion européenne and Others , paragraph 47). However, this does not seem to be the case in the main proceedings. | 99 Where there is uncertainty as to the existence or extent of risks to human health, the institutions may take protective measures without having to wait until the reality and seriousness of those risks become fully apparent. | 0 |
1,703 | 19 Apart from the fact that the argument before the Court has provided no evidence to support the view that the measure in issue, which is applicable without distinction to all recipients of reference quotas, does in fact place a heavier burden on small producers than on large producers, it must be pointed out that the fact that a measure adopted within the framework of the common organization of the market may affect producers in different ways, depending upon the particular nature of their production, does not constitute discrimination if that measure is determined on the basis of objective rules, which are formulated to meet the needs of the general common organization of the market (see the judgment in Case 179/84 Bozzetti v Invernizzi [1985] ECR 2301, paragraph 34). That is the case with the arrangements for the temporary withdrawal of reference quantities, which are such that the quantities withdrawn are proportional to the reference quantities, which are themselves fixed at such a level that their total does not exceed the overall guaranteed reference quantity of each Member State. | 45
It follows from the case-law of the Court that the Commission is authorised to adopt all the measures which are necessary or useful for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council of the European Union (see, inter alia, judgment of 11 November 1999, Söhl & Söhlke, C‑48/98, EU:C:1999:548, paragraph 36 and the case-law cited). In that regard, the Commission has a measure of discretion (see, to that effect, judgments of 8 March 2007, Thomson and Vestel France, C‑447/05 and C‑448/05, EU:C:2007:151, paragraph 25, and of 13 December 2007, Asda Stores, C‑372/06, EU:C:2007:787, paragraph 45). | 0 |
1,704 | 24. First, it should be borne in mind that, although Article 222 of the EC Treaty (now Article 295 EC) does not call into question the Member States ' right to establish a system for the acquisition of immovable property which lays down measures specific to transactions relating to agricultural and forestry plots, such a system remains subject to the fundamental rules of Community law, including those of non-discrimination, freedom of establishment and free movement of capital (see, to that effect, Case 182/83 Fearon [1984] ECR 3677, paragraph 7, and Konle , cited above, paragraphs 7 and 22). In particular, the Court has held that the scope of the national measures governing the acquisition of immovable property should be assessed in the light of those provisions of the Treaty which relate to the movement of capital (see, to that effect, Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraphs 28 to 31). | 60
Last, the situation at issue in the present case is not comparable to the situation in the case that gave rise to the judgment of 13 March 2001, PreussenElektra (C‑379/98, EU:C:2001:160), in which the Court held that the obligation imposed on private electricity supply undertakings to purchase electricity produced from renewable energy sources at fixed minimum prices did not involve any direct or indirect transfer of State resources to undertakings which produced that type of electricity (see judgments of 13 March 2001, PreussenElektra, C‑379/98, EU:C:2001:160, paragraph 59; of 17 July 2008, Essent Netwerk Noord and Others, C‑206/06, EU:C:2008:413, paragraph 74; and of 19 December 2013, Association Vent De Colère! and Others, C‑262/12, EU:C:2013:851, paragraph 34). | 0 |
1,705 | 48 That conclusion must, however, be qualified. It relates only to benefits ° being all that is mentioned in Protocol No 2 ° and not to the right to belong to an occupational social security scheme. | 7. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 30 novembre 2006, Commission/Luxembourg, C‑32/05, Rec. p. I‑11323, point 22). | 0 |
1,706 | 26. Harmonisation at Community level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods, particularly paid annual leave, and adequate breaks (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 38, and Case C‑14/04 Dellas and Others [2005] ECR I-0000, paragraph 41). | 29. In that regard, it is important to note that, as regards the award of public procurement contracts, the Court has held that an action for failure to fulfil obligations is inadmissible if, when the period prescribed in the reasoned opinion expired, the contract in question had already been completely performed (see Case C-362/90 Commission v Italy [1992] ECR I‑2353, paragraphs 11 and 13, and Case C‑394/02 Commission v Greece [2005] ECR I‑4713, paragraph 18). | 0 |
1,707 | 54. As regards whether, in the circumstances of the main action, the petroleum undertaking supplying the service station can be considered to be the producer or holder of waste within the meaning of Article 1(b) and (c) of the Directive, under the division of functions provided for by Article 234 EC it is for the national court to apply to the individual case before it the rules of Community law as interpreted by the Court (Case C-320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I‑285, paragraph 11). | 13 The ordinary course of trade is a concept which relates to the nature of sales themselves. It is designed to exclude, for the determination of the normal value, situations in which sales on the domestic market are not made under conditions corresponding to the ordinary course of trade, in particular where a product is sold at a price below production costs or where transactions take place between parties which are associated or have a compensatory arrangement with each other. | 0 |
1,708 | 54 It is for the national court to establish the existence of those two elements, evidence of which must be adduced in accordance with the rules of national law, provided that the effectiveness of Community law is not thereby undermined (see, to that effect, in particular, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51, and Joined Cases C-418/97 and C-419/97 ARCO Chemie Nederland and Others v Minister van Volkshuisvesting [2000] ECR I-4475, paragraph 41). | 86. La Cour a déjà eu l’occasion de confirmer la constatation du Tribunal selon laquelle la circonstance visée au point 3, troisième tiret, des lignes directrices, consistant en la cessation des infractions dès les premières interventions de la Commission, ne peut logiquement être une circonstance atténuante que s’il existe des raisons de supposer que les entreprises en cause ont été incitées à arrêter leurs comportements anticoncurrentiels par les interventions en question (voir, en ce sens, arrêt du 25 janvier 2007, Dalmine/Commission, C‑407/04 P, Rec. p. I‑829, point 158). | 0 |
1,709 | 90. Where, conversely, those profits are subject in the State of the company making the distribution to a higher level of tax than the tax levied by the Member State of the company receiving them, that Member State is obliged to grant a tax credit only up to the limit of the amount of corporation tax for which the company receiving the dividends is liable. It is not required to repay the difference, that is to say, the amount paid in the State of the company making the distribution which is greater than the amount of tax payable in the Member State of the company receiving it (see Test Claimants in the FII Group Litigation , paragraph 52, and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 88). | 28 AS REGARDS THE ARGUMENT BASED ON THE PRINCIPLE OF RESTRICTED AUTHORITY , IT IS SUFFICIENT TO DRAW ATTENTION TO THE FACT THAT THE CONCEPT OF MISUSE OF POWER HAS A PRECISELY DEFINED SCOPE . IT REFERS TO CASES WHERE AN ADMINISTRATIVE AUTHORITY HAS USED ITS POWERS FOR A PURPOSE OTHER THAN THAT FOR WHICH THEY WERE CONFERRED ON IT . IN THIS CASE , NO SUCH USE OCCURRED . THE COUNCIL WAS EXERCISING THE POWERS CONFERRED ON IT IN THE NORMAL WAY WHEN , BY MEANS OF REGULATION NO 3085/78 , IT DIRECTLY ACHIEVED THE LAWFUL OBJECTIVE PURSUED BY IT , NAMELY THE UPDATING OF THE EXCHANGE RATES .
| 0 |
1,710 | 33. In accordance with settled case-law of the Court, in the context of the cooperation between the Court and the national courts provided for by Article 267 TFEU, 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 before it, 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. The right to determine the questions to be put to the Court thus devolves on the national court alone and the parties to the main proceedings may not change their tenor (see, inter alia, judgment in Danske Svineproducenter , C‑316/10, EU:C:2011:863, paragraph 32 and the case-law cited). | De surcroît, les lignes directrices de 2006 ne constituent pas la base légale pour la fixation du montant de l’amende et ne
font que préciser l’application de l’article 23, paragraphe 2, du règlement n° 1/2003. Il s’ensuit que, même en l’absence
des lignes directrices de 2006, les requérantes auraient toujours été en mesure de prévoir les conséquences juridiques de
leur comportement et, notamment, l’imposition d’une amende fixée à un niveau visant à assurer son caractère dissuasif (voir,
par analogie, en ce qui concerne les lignes directrices de 1998, arrêt du 8 février 2007, Groupe Danone/Commission, C‑3/06
P, EU:C:2007:88, point 28 et jurisprudence citée). | 0 |
1,711 | 28. Consequently, the fact that a ‘database’ within the meaning of Article 1(2) of Directive 96/9 does not satisfy the conditions of eligibility for protection by the ‘sui generis’ right under Article 7 of Directive 96/9, as the Court held in relation to football fixture lists (Case C‑46/02 Fixtures Marketing [2004] ECR I‑10365, paragraphs 43 to 47; Case C‑338/02 Fixtures Marketing [2004] ECR I‑10497, paragraphs 32 to 36; and Case C‑444/02 Fixtures Marketing , cited above, paragraphs 48 to 52), does not automatically mean that that same database is also not eligible for copyright protection under Article 3 of that directive. | 83. The Council’s objective in adopting Regulation No 1559/2007 was to implement the recovery plan for bluefin tuna recommended by ICCAT. Recovery was to be achieved, as stated in recital 3 in the preamble to that regulation, through a progressive reduction in the TACs. The latter, the figures for which are given in Article 3 of that regulation, are allocated among the European Union and the other Contracting Parties to ICCAT. Compliance with the quotas allocated to the Member States is therefore necessary in order to attain the objective of recovery of the bluefin tuna stock. Therefore the measures prohibiting fishing adopted by the Commission in the Regulation on the ground that exhaustion of the quotas was imminent are not manifestly inappropriate. | 0 |
1,712 | 13 As the Court has consistently held, it follows from that principle that measures imposing financial charges on economic agents are lawful provided that the measures are appropriate and necessary for the attainment of the objectives legitimately pursued by the legislation in question. Of course, where there is a choice between several appropriate measures, the least onerous measures must be used and the charges imposed must not be disproportionate to the aims pursued (see, for example, the judgment in Case 265/87 Schraeder v Hauptzollamt Gronau [1989] ECR 2237, paragraph 21). Thus, in order to answer the second question, it is first necessary to recall the objective of Regulation No 3429/80. | 178. In the present case, it must be noted that the appellant does not deny that, even on the assumption that it does not have the scope to adjust its wholesale prices for local loop access services, the spread between those prices and its retail prices for end-user access services is capable of having an exclusionary effect on its equally efficient actual or potential competitors, since their access to the relevant service markets is, at the very least, made more difficult as a result of the margin squeeze which such a spread can entail for them. | 0 |
1,713 | 52. The Court explained that, to that end, account must be taken of, inter alia, the duration, regularity, conditions and reasons for the stay in the territory of a Member State and for the family’s move to that State, the child’s nationality, the place and conditions of attendance at school, linguistic knowledge and the family and social relationships of the child in that State (judgments in A , EU:C:2009:225, paragraphs 39 and 44, and Mercredi , EU:C:2010:829, paragraphs 48, 49 and 56). The Court also held that the intention of the parents or one of them to settle permanently with the child in another Member State, manifested by certain tangible steps such as the purchase or lease of a residence in that Member State, may constitute an indicator of the transfer of the child’s habitual residence (see the judgments in A , EU:C:2009:225, paragraphs 40 and 44, and Mercredi , EU:C:2010:829, paragraph 50). | 15 The compensation paid under legislation such as that in issue in the main proceedings is also intended to ensure that staff council members receive income even where during periods of training they are not performing any work as stipulated in their contracts of employment. | 0 |
1,714 | 72. Concerning Mr Alevizos’s temporary posting to a position in NATO, it is settled case‑law that a Community national working in a Member State other than his State of origin does not lose his status as a ‘worker’ within the meaning of Article 39(1) EC through occupying a post in an international organisation (see, inter alia, Joined Cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723, paragraphs 11 and 15; Case C‑209/01 Schilling and Fleck-Schilling [2003] ECR I‑13389, paragraph 28; Case C‑293/03 My [2004] ECR I‑12013, paragraph 37; and Case C‑185/04 Öberg [2006] ECR I‑1453, paragraph 12). | 104. Si la durée du manquement ainsi que la gravité de celui‑ci ressortent des considérations exposées aux points 94 à 103 du présent arrêt, il convient également de tenir compte des éléments invoqués par la République italienne attestant que la récupération des aides en cause a été rendue plus délicate par le fait que la décision litigieuse avait déclaré incompatible avec le marché intérieur un régime d’aides et que, partant, son exécution supposait, au préalable, de la part de cet État membre, l’identification des montants à récupérer (voir, par analogie, arrêt Commission/Italie, C‑496/09, EU:C:2011:740, point 95). | 0 |
1,715 | 71. It follows that, by adopting Annex XI to the Staff Regulations, the Council, by a unilateral decision, bound itself, for the period of validity of that annex, in the exercise of its discretion under Article 65 of the Staff Regulations, to comply with the criteria laid down exhaustively in Article 3 of that annex. The reasoning followed by the Court in Case 81/72 Commission v Council , paragraph 9, and Case 70/74 Commission v Council , paragraphs 20 to 22, applies mutatis mutandis to the regulation introducing Annex XI to the Staff Regulations, which the Council adopted under Article 65a of the Staff Regulations. In those circumstances, the Council is not entitled to rely, in the context of Article 3, on a discretion going beyond the criteria laid down in that article. | 25. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 15 mars 2001, Commission/France, C-147/00, Rec. p. I-2387, point 26, et du 14 juin 2001, Commission/Italie, C-207/00, Rec. p. I-4571, point 27). | 0 |
1,716 | 79
Furthermore, such asymmetrical treatment of emissions is consistent with the main objective of Directive 2003/87, which is to protect the environment by means of a reduction of greenhouse gas emissions (see, to that effect, judgment in Arcelor Atlantique and Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 31). | 19. Territorially, the condition as to reputation must be considered to be fulfilled when the Community trade mark has a reputation in a substantial part of the territory of the Community and such a part may, in some circumstances, correspond to the territory of a single Member State (see, to that effect, PAGO International , C‑301/07, EU:C:2009:611, paragraphs 27 and 29). | 0 |
1,717 | 8. 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 prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, inter alia , Case C-71/99 Commission v Germany [2001] ECR I-5811, paragraph 29, and Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13). | 52. Finally, as regards the objection of inadmissibility raised against the second ground of appeal, it must be pointed out that the Council is in fact maintaining that that ground of appeal is invalid. However, the validity of a ground of appeal concerns its ability to found the appeal and does not affect its admissibility. | 0 |
1,718 | 35. However, as the Advocate General observed, in point 35 of her Opinion, provisions in an Act of Accession which permit exceptions to or derogations from rules laid down by the EC Treaty must be interpreted restrictively with reference to the Treaty provisions in question and must be limited to what is absolutely necessary in order to attain its objective (see, by analogy, Case 231/78 Commission v United Kingdom [1979] ECR 1447, paragraph 13; Case 77/82 Peskeloglou [1983] ECR 1085, paragraph 12; Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraph 26; Case C‑3/87 Agegate [1989] ECR 4459, paragraph 39, and Case C-233/97 KappAhl [1998] ECR I‑8069, paragraph 18). | 32 In the light of the foregoing, the Commission's argument that a taxable person demonstrates his decision to assign an item by using it wholly or partly for the purpose of his business activities and is therefore precluded from assigning a mixed-use item wholly to his private assets must be rejected. | 0 |
1,719 | 125. À cet égard, il importe de constater que l’application des lignes directrices de 1998 à l’encontre des régimes fiscaux litigieux adoptés en 1993 ne constitue pas une situation acquise antérieurement, mais relève d’une situation en cours qui, bien que née avant l’entrée en vigueur de celles-ci, est régie par lesdites lignes directrices à compter de leur entrée en vigueur, conformément au principe selon lequel les règles nouvelles s’appliquent immédiatement aux situations en cours (voir arrêt du 29 janvier 2002, Pokrzeptowicz-Meyer, C-162/00, Rec. p. I-1049, point 51). | 42. Neither Decision 2011/273, as amended by Decision 2011/522, nor Regulation No 442/2011, as amended by Regulation No 878/2011, contains definitions of the concepts of ‘benefit’ derived from the Syrian regime, of ‘support’ for that regime or of ‘association’ with the persons and entities benefiting from or supporting the Syrian regime. Nor do they contain any details regarding how those matters are to be proved. | 0 |
1,720 | 29. It is settled case-law that in exercising its powers under Article 226 EC the Commission does not have to show that there is a specific interest in bringing an action. The provision is not intended to protect the Commission's own rights. The Commission's function, in the general interest of the Community, is to ensure that the Member States give effect to the Treaty and the provisions adopted by the institutions thereunder and to obtain a declaration of any failure to fulfil the obligations deriving therefrom with a view to bringing it to an end (Case 167/73 Commission v France [1974] ECR 359, paragraph 15; Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 21; and Case C-476/98 Commission v Germany [2002] ECR I-9855, paragraph 38). | 10IN ORDER TO DETERMINE WHETHER UBC HAS A DOMINANT POSITION ON THE BANANA MARKET IT IS NECESSARY TO DEFINE THIS MARKET BOTH FROM THE STANDPOINT OF THE PRODUCT AND FROM THE GEOGRAPHIC POINT OF VIEW .
| 0 |
1,721 | 98. In the first place, as regards the part of the complaint relating to the discriminatory nature of the obligation to reimburse on termination of full liability to taxation, it should be borne in mind that, according to the case-law, the general prohibition of all discrimination on grounds of nationality laid down by Article 12 EC applies independently only to situations governed by Community law for which the EC Treaty lays down no specific rules of non-discrimination (see, inter alia, Case 305/87 Commission v Greece [1989] ECR 1461, paragraphs 12 and 13, and Case C-443/06 Hollmann [2007] ECR I-8491, paragraph 28). | 63. That requirement moreover corresponds to the purpose of the derived rights of entry and residence provided for by Directive 2004/38 for family members of Union citizens, as otherwise the fact of its being impossible for the Union citizen to be accompanied or joined by his family in the host Member State would be such as to interfere with his freedom of movement by discouraging him from exercising his rights of entry into and residence in that Member State (see, to that effect, Metock and Others , paragraph 63). | 0 |
1,722 | 65. On the other hand, in accordance with the Court’s case-law, interest received by a holding company in consideration of loans granted to companies in which it has shareholdings cannot be excluded from the scope of VAT, since that interest does not arise from the simple ownership of the asset, but is the consideration for making capital available for the benefit of a third party (see, to that effect, Régie dauphinoise , paragraph 17). | 18 FURTHERMORE, SUCH AGREEMENTS MAY AFFECT TRADE BETWEEN MEMBER STATES IN SEVERAL RESPECTS . FIRST OF ALL, TRAVEL AGENTS OPERATING IN ONE MEMBER STATE MAY SELL TRAVEL ORGANIZED BY TOUR OPERATORS ESTABLISHED IN OTHER MEMBER STATES . SECONDLY, THESE AGENTS MAY SELL TRAVEL TO CUSTOMERS RESIDING IN OTHER MEMBER STATES . THIRDLY, THE TRAVEL IN QUESTION IS OFTEN TO OTHER MEMBER STATES . | 0 |
1,723 | 41
In that regard, the Court has already held that national legislation intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities falls within the provisions of the Treaty on freedom of establishment. However, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking must be examined exclusively in light of the free movement of capital (judgment of 15 September 2011, Accor, C‑310/09, EU:C:2011:581, paragraph 32 and the case-law cited). | 51
It should be noted, as observed by the Advocate General in point 54 of his Opinion, that that provision encapsulates the basic principle applying to appeals, namely that an appeal must be directed against the operative part of the General Court’s decision and may not merely seek the amendment of some of the grounds of that decision (see, to that effect, judgment of 15 November 2012, Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraphs 43 to 45). | 0 |
1,724 | 12 The Court has already held with reference to the concept of the "provision of services against payment" in Article 2(a) of the Second Directive, whose wording is similar to that of Article 2(1) of the Sixth Directive, that taxable transactions, within the framework of the VAT system, presuppose the existence of a transaction between the parties in which a price or consideration is stipulated. The Court concluded that, where a person' s activity consists exclusively in providing services for no direct consideration, there is no basis of assessment and the services are therefore not subject to VAT (judgment in Case 89/81 Staatssecretaris van Financiën v Hong Kong Trade Development Council [1982] ECR 1277, paragraphs 9 and 10). | 27 It is clear from that body of case-law that, unless it is objectively justified and proportionate to its aim, a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect the nationals of other Member States more than the nationals of the State whose legislation is in point and if there is a consequent risk that it will place the former at a particular disadvantage (see, to that effect, Case C-57/96 Meints v Minister van Landbouw, Natuurbeheer en Visserij [1997] ECR I-6689, paragraph 45). | 0 |
1,725 | 68. The Framework Agreement therefore applies to all workers providing remunerated services in the context of a fixed-term employment relationship linking them with their employer, in so far as they are linked by an employment contract within the meaning of national law, subject to the sole provisos of the margin of discretion conferred on Member States by clause 2(2) of the Framework Agreement as to the application of the latter to certain categories of employment contracts or relationships and of the exclusion, in accordance with the fourth paragraph of the preamble to the Framework Agreement, of temporary agency workers (see judgment in Fiamingo and Others , EU:C:2014:2044, paragraphs 30 to 33 and the case-law cited). | 44. Furthermore, that finding cannot be called into question by the fact that the Court took the view, in paragraph 20 of the judgment in Case C‑64/89 Deutsche Fernsprecher [1990] ECR I-2535, that in a case such as that there in issue, in which the trader had twice received confirmation that the erroneous view upon which the customs treatment was based was correct, the repetition of the error by the customs authority was evidence that the problem to be resolved was a complex one. | 0 |
1,726 | 82. It is clear from Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice that the Court of First Instance has exclusive jurisdiction, first, to find the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. When the Court of First Instance has found or assessed the facts, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and to review the legal conclusions it has drawn from them (see, in particular, Baustahlgewebe v Commission , paragraph 23, and Case C-551/03 P General Motors v Commission [2006] ECR I‑0000, paragraph 51). | 30. À cet égard, un brevet protégeant plusieurs «produits» distincts peut certes permettre en principe d’obtenir plusieurs CCP en lien avec chacun de ces produits distincts, pour autant notamment que chacun de ceux-ci soit «protégé» en tant que tel par ce «brevet de base» au sens de l’article 3, sous a), du règlement nº 469/2009, lu en combinaison avec l’article 1 er , sous b) et c), de celui-ci (arrêt du 12 décembre 2013, Actavis Group PTC et Actavis UK, C‑443/12, point 29) et soit contenu dans un médicament disposant d’une AMM. | 0 |
1,727 | 30. The Court stated in particular that the reason for which Article 3a(1)(b) of Directive 84/450 provides, as a condition for permitting comparative advertising, that the goods or services compared must meet the same needs or be intended for the same purpose is to be found, inter alia, in the fact that, under Article 2(2a) of the directive, the key element of comparative advertising is the identification of a ‘competitor’ of the advertiser or of the goods and services which it offers and that whether undertakings are competing undertakings depends, by definition, on the substitutable nature of the goods or services that they offer on the market (see De Landtsheer Emmanuel , paragraphs 27 to 29). | 27. According to the established case‑law of the Court, in the context of a request for a preliminary ruling under Article 267 TFEU, the Court may interpret Union law only within the limits of the powers conferred upon it (see Case C‑400/10 PPU McB EU:C:2010:582, paragraph 51, and orders in Case C‑14/13 Cholakova EU:C:2013:374, paragraph 21, and Case C‑371/13 Schuster & Co Ecologic EU:C:2013:748, paragraph 14). | 0 |
1,728 | 16. Member States must take measures which are sufficiently effective to achieve the aim of the directive and they must ensure that the rights conferred by it can be effectively relied upon before the national courts by the persons concerned (see Case 14/83 von Colson and Kamann [1984] ECR 1891, paragraph 18, and Case 222/84 Johnston [1986] ECR 1651, paragraph 17). | 46
As the Court found in the judgment of 6 February 2014, Fatorie, (C‑424/12, EU:C:2014:50, paragraph 38), such a situation prevented the Hungarian tax authority from investigating the application of the reverse charge regime and led to a risk of a loss of tax revenue for the Member State concerned. | 0 |
1,729 | 82 Accordingly, by contrast with the benefits provided by organisations charged with the management of compulsory social security schemes of the kind referred to in Poucet and Pistre, cited above, the amount of the benefits provided by the Fund depends on the financial results of the investments made by it, in respect of which it is subject, like an insurance company, to supervision by the Insurance Board. | 153. It is apparent from those provisions that the NRAs have broad discretion to intervene in the various pricing aspects for the provision of unbundled access to the local loop, including the discretion to change prices, and thus the proposed tariffs. | 0 |
1,730 | 29. In that regard, it should be remembered that the need to alter the packaging or the labelling of imported products prevents such requirements from constituting selling arrangements within the meaning of the judgment in Keck and Mithouard (Case C-33/97 Colim [1999] ECR I-3175, paragraph 37, and Case C-12/00 Commission v Spain [2003] ECR I-459, paragraph 76). | 42. It must be observed, first of all, as the Commission of the European Communities maintains, that the inward processing procedure, which involves the suspension of customs duties, is an exceptional measure intended to facilitate the carrying out of certain economic activities. Since that procedure involves obvious risks to the correct application of the customs legislation and the collection of duties, the beneficiaries of that regime are required to comply strictly with the obligations resulting therefrom. Similarly, the consequences of non-compliance with their obligations must be strictly interpreted. | 0 |
1,731 | 37 In that regard, it should be recalled that an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. The Court of First Instance has exclusive jurisdiction, first, to establish the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. When the Court of First Instance has established or assessed the facts, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and the inferences in law it has drawn from them (see, inter alia, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 48 and 49, and Case C-284/98 P Parliament v Bieber [2000] ECR I-1527, paragraph 31). | 31. À titre préliminaire, il y a lieu de rappeler que la directive 89/106 a pour objet principal d’éliminer les obstacles aux échanges en créant des conditions permettant aux produits de construction d’être librement commercialisés à l’intérieur de la Communauté européenne. À cette fin, cette directive précise les exigences essentielles auxquelles doivent satisfaire les produits de construction et qui sont mises en œuvre par des normes harmonisées et des normes nationales de transposition, par des agréments techniques européens et par des spécifications techniques nationales reconnues au niveau communautaire. Selon l’article 6, paragraphe 1, de ladite directive, les États membres ne font pas obstacle à la libre circulation, à la mise sur le marché ou à l’utilisation sur leur territoire des produits qui satisfont aux dispositions de la même directive. | 0 |
1,732 | 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). | 69. Or, selon une jurisprudence constante, le fait qu’un État membre éprouve la nécessité de vérifier la situation individuelle de chaque entreprise concernée n’est pas de nature à justifier la non-exécution d’une décision ordonnant la récupération (voir, notamment, arrêt Commission/Grèce, C-354/10, EU:C:2012:109, point 73 et jurisprudence citée). | 0 |
1,733 | 41. More specifically, the Court has consistently held that indirect discrimination on grounds of sex arises where a national measure, albeit formulated in neutral terms, puts considerably more workers of one sex at a disadvantage than the other (see, inter alia, Z , C‑363/12, EU:C:2014:159, paragraph 53 and the case-law cited). Such a measure is compatible with the principle of equal pay only if the difference in treatment between the two categories of workers to which it gives rise is justified by objective factors unrelated to any discrimination on grounds of sex (see, inter alia, Rinner-Kühn , 171/88, EU:C:1989:328, paragraph 12; Voß, EU:C:2007:757, paragraph 38; and Brachner , C‑123/10, EU:C:2011:675, paragraph 70). | 50. Lastly, according to the documents placed before the Court, a member of a Board of Directors may, under Latvian law, be removed from his or her duties by a decision of the shareholders, in some circumstances following suspension from those duties by the supervisory board. The dismissal decision in Ms Danosa’s case was therefore adopted by a body which, by definition, she did not control and which was able at any time to take decisions contrary to her wishes. | 0 |
1,734 | 24. As regards the question whether the institutions of another Member State are bound by such a statement drawn up in accordance with Article 47 of Regulation No 574/72, it should be recalled that the Court has held that a certified statement issued by the competent institution of a Member State specifying the periods of insurance or employment completed as an employed person under the legislation of that Member State does not constitute irrefutable proof for the competent institution of another Member State, nor for the courts of that Member State (see, to that effect, judgments in Knoch , EU:C:1992:303, paragraph 54, and Adanez-Vega , C‑372/02, EU:C:2004:705, paragraphs 36 and 48). | 13 With regard, secondly, to remuneration, there is no relationship of employer and employee since tax collectors bear the economic risk entailed in their activity in so far as their profit depends not only on the amount of taxes collected but also on the expenses incurred on staff and equipment in connection with their activity. | 0 |
1,735 | 38
In the judgments, the Court held, first of all, that the definitive regulation was vitiated by an infringement of the obligation imposed upon the Commission to examine the claims of producers for market economy treatment and to adjudicate upon each of those claims within a period of three months from the initiation of its investigation, in accordance with Article 2(7)(b) and (c) of Regulation No 384/96, including where the Commission has decided to use sampling as provided for in Article 17 of that regulation to calculate the dumping margins and the producers which have submitted those claims are not included in the sample selected (see, to this effect, judgments in Brosmann Footwear (HK) and Others v Council, C‑249/10 P, EU:C:2012:53, paragraphs 36 to 40, and Zhejiang Aokang Shoes v Council, C‑247/10 P, EU:C:2012:710, paragraphs 29 to 34). | 35. That could be so in particular in the case of a ‘letterbox’ company not carrying out any business in the territory of the Member State in which its registered office is situated. | 0 |
1,736 | 62. The French Government's argument that no individual has ever lodged a complaint alleging incorrect application of the first subparagraph of Article 3(2) of Directive 90/313 must be rejected in the light of the Court's case-law, according to which failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, and the fact that such a failure had no adverse effects is irrelevant (see Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraphs 60 and 61, and Case C-333/99 Commission v France [2001] ECR I-1025, paragraph 37). It also follows that the argument that there has been no known case in practice in which the directive was infringed cannot be accepted (see Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 9). | 43. It is only where that adapter can be classified neither under heading 8471 nor under heading 8473 of the CN that it would be necessary to consider it to be an ‘electrical apparatus for making connections to or in electrical circuits’ and consequently to fall under heading 8536 of the CN, the wording of which refers, in particular, to ‘electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits’. | 0 |
1,737 | 22 The legal nature of that decision is entirely unaffected by the fact that it was brought directly to Sart-Tilman' s notice by the Commission and not by the Member State concerned, the Fund' s sole interlocutor (see the judgment in Case 310/81 EISS v Commission [1984] ECR 1341, paragraph 15). It is undisputed that that decision is not in issue before the Court. | 61. While the prohibition of marketing tobacco products for oral use under Article 8 of Directive 2001/37 constitutes one of the restrictions referred to in Articles 28 EC and 29 EC, it is nevertheless justified, as indicated in paragraph 58 above, on grounds of the protection of human health. It cannot therefore, in any event, be regarded as having been adopted in breach of the provisions of Articles 28 EC and 29 EC. | 0 |
1,738 | 16 Moreover, in paragraphs 18 to 20 of its judgment of 7 February 1991 in Case C-184/89 Nimz v Freie und Hansestadt Hamburg [1991] ECR I-297, the Court held that a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by collective bargaining or by any other constitutional procedure, and to apply to members of the disadvantaged group the same arrangements as those enjoyed by other workers, arrangements which, failing correct application of Article 119 in national law, remain the only valid point of reference. | 20 It is equally necessary to apply such considerations to the case where the provision at variance with Community law is derived from a collective labour agreement. It would be incompatible with the very nature of Community law if the court having jurisdiction to apply that law were to be precluded at the time of such application from being able to take all necessary steps to set aside the provisions of a collective agreement which might constitute an obstacle to the full effectiveness of Community rules. | 1 |
1,739 | 72
It has therefore been held in relation to a concession awarded in 1984, although the Court had not established at that time that contracts with certain cross-border interest might be subject to a duty of transparency, that the principle of legal certainty requires that the termination of such a concession be coupled with a transitional period enabling the contracting parties to untie their contractual relations on acceptable terms, inter alia, from an economic point of view (see, to that effect, judgments of 17 July 2008 in ASM Brescia, C‑347/06, EU:C:2008:416, paragraphs 70 and 71, and 14 November 2013 in Belgacom, C‑221/12, EU:C:2013:736, paragraph 40). | 19. It is settled case‑law that the mere acquisition and holding of shares is not to be regarded as an economic activity within the meaning of the Sixth Directive. The mere acquisition of financial holdings in other undertakings does not amount to the exploitation of property for the purpose of obtaining income therefrom on a continuing basis because any dividend yielded by that holding is merely the result of ownership of the property and is not the product of any economic activity within the meaning of that directive (see Harnas & Helm , paragraph 15; KapHag , paragraph 38, and Case C-8/03 Banque Bruxelles Lambert (BBL) [2004] ECR I‑0000, paragraph 38). If, therefore, the acquisition of financial holdings in other undertakings does not in itself constitute an economic activity within the meaning of that directive, the same must be true of activities consisting in the sale of such holdings (see Case C-155/94 Wellcome Trust [1996] ECR I-3013, paragraph 33; KapHag , paragraph 40, and BBL , paragraph 38). | 0 |
1,740 | 38. Il s’ensuit que le principe d’égalité de traitement serait méconnu si l’application de l’article 65 de la directive TVA était tributaire de la forme que revêt la contrepartie perçue par l’assujetti. Ledit principe commande donc d’interpréter cet article 65 en ce sens qu’il s’applique également lorsque l’acompte est versé en nature, dès lors que les conditions rappelées au point 32 du présent arrêt sont remplies. Il est cependant nécessaire que la valeur de cet acompte puisse être exprimée en argent. En effet, si, selon une jurisprudence constante, la contrepartie d’une prestation de services peut consister en une livraison de biens et en constituer la base d’imposition au sens de l’article 73 de la directive TVA lorsqu’il existe un lien direct entre la prestation de services et la livraison de biens, c’est à condition que la valeur de cette dernière puisse être exprimée en argent (arrêt Orfey Balgaria, précité, point 36, ainsi que, en ce sens, arrêt du 3 juillet 2001, Bertelsmann, C‑380/99, Rec. p. I‑5163, point 17 et jurisprudence citée). | 11 CES CONSIDERATIONS FONT APPARAITRE QUE, MEME S' IL FALLAIT ASSIMILER DANS CERTAINS CAS, EN VUE DE LA QUALIFICATION D' UNE CHARGE FRAPPANT DES PRODUITS IMPORTES, L' HYPOTHESE D' UNE PRODUCTION NATIONALE EXTREMEMENT REDUITE A L' ABSENCE D' UNE TELLE PRODUCTION, IL N' EN RESULTERAIT PAS POUR AUTANT QUE LA REDEVANCE LITIGIEUSE DEVRAIT NECESSAIREMENT ETRE CONSIDEREE COMME UNE TAXE D' EFFET EQUIVALANT A UN DROIT DE DOUANE . IL N' EN SERA NOTAMMENT PAS AINSI SI ELLE S' INTEGRE DANS UN SYSTEME GENERAL DE REDEVANCES INTERIEURES APPREHENDANT SYSTEMATIQUEMENT DES CATEGORIES DE PRODUITS SELON LES CRITERES CI-DESSUS INDIQUES . | 0 |
1,741 | 69. The general principle of legal certainty, which is a fundamental principle of Community law, requires, in particular, that rules should be clear and precise, so that individuals may ascertain unequivocally what their rights and obligations are and may take steps accordingly (see Case C-110/03 Belgium v Commission [2005] ECR I-2801, paragraph 30, and IATA and ELFAA , paragraph 68). | 24 Such an argument is not capable of affecting the admissibility of the present action. The question whether the Italian Republic was relieved of the obligation to notify the two decrees in question pursuant to Article 10 of Directive 83/189 is a matter which goes to the substance of the dispute. | 0 |
1,742 | 80. Cet argument doit être rejeté. En effet, le Tribunal est seul juge de la nécessité éventuelle de compléter les éléments d’information dont il dispose sur les affaires dont il est saisi. Le caractère probant ou non des pièces de la procédure relève de son appréciation souveraine des faits, laquelle échappe au contrôle de la Cour dans le cadre du pourvoi, sauf en cas de dénaturation des éléments de preuve présentés au Tribunal ou lorsque l’inexactitude matérielle des constatations effectuées par ce dernier ressort des documents versés au dossier (arrêts Der Grüne Punkt – Duales System Deutschland/Commission, C‑385/07 P, EU:C:2009:456, point 163, et Deltafina/Commission, C‑578/11 P, EU:C:2014:1742, point 67). Or, dans le cadre du présent pourvoi, l’EMA n’a allégué aucune dénaturation des éléments de preuve présentés au Tribunal ni aucune inexactitude matérielle des constatations effectuées par le Tribunal qui ressortirait des documents versés au dossier. | 12 IT IS THUS CLEAR FROM THE VERY WORDS OF ARTICLE 4*(1 ) THAT INCREASES ARE PROHIBITED IF THEY ARE DIRECTLY OR INDIRECTLY BASED ON THE SEX OF THE BENEFICIARY . | 0 |
1,743 | 71. La Commission rappelle, en outre, que, dans une autre affaire, la République italienne n’a pas exécuté un arrêt de la Cour constatant le non-recouvrement d’aides jugées illégales par une décision de la Commission (arrêt Commission/Italie, C-496/09, EU:C:2011:740). De surcroît, dans de nombreuses autres affaires encore, la Cour aurait constaté que cet État membre a manqué à son obligation d’exécution immédiate et efficace de décisions de la Commission imposant la récupération d’aides illégales. La Commission souligne donc le risque de voir ce genre de situation se reproduire à nouveau. | 40. According to Article 8(1) of the Access Directive, Member States must ensure that NRAs are empowered to impose the obligations identified in Articles 9 to 13a of that directive, including the obligations related to price control under Article 13 of that directive. Under Article 8(2) of that directive, where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 16 of the Framework Directive, NRAs are required to impose those obligations on that operator. | 0 |
1,744 | 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). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,745 | 118. That complaint must be rejected as unfounded as it is based on a misinterpretation of paragraph 69 of the judgment in TeliaSonera Sverige (EU:C:2011:83), in which the Court simply stated that, when assessing the effects of the margin squeeze, the question whether the wholesale product is indispensable may be relevant, with the result that the General Court was not obliged to take account of it. | 56. With regard to this discretion, the Court has held that the principle of proportionality requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it (see, inter alia, Case C-210/00 Käserei Champignon Hofmeister [2002] ECR I-6453, paragraph 59; Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 47; Joined Cases C-453/03, C‑11/04, C-12/04 and C-194/04 ABNA and Others [2005] ECR I-0000, paragraph 68; and Case C-344/04 IATA and ELFAA [2006] ECR I-0000, paragraph 79). | 0 |
1,746 | 61. Furthermore, in regard to acquisition of distinctive character through use, the identification by the relevant class of persons of the product or service as originating from a given undertaking must be as a result of the use of the mark as a trade mark (Case C-299/99 Philips [2002] ECR I-5475, paragraph 64, and Nestlé , paragraph 26). The expression ‘use of the mark as a trade mark’ must therefore be understood as referring to use of the mark for the purposes of the identification by the relevant class of persons of the product or service as originating from a given undertaking ( Nestlé , paragraph 29). | 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 |
1,747 | 17
In response to that reference, the Court held that, first, Article 1 of the Third Directive was to be interpreted as precluding national legislation whereby compulsory motor vehicle liability insurance does not cover liability in respect of personal injuries to persons travelling in a part of a motor vehicle which has not been designed and constructed with seating accommodation for passengers and, second, that article satisfied all the conditions necessary for it to produce direct effect and accordingly conferred rights upon which individuals might rely directly before the national courts. The Court held, however, that it was for the national court to determine whether that provision might be relied upon against a body such as the MIBI (judgment of 19 April 2007, Farrell, C‑356/05, EU:C:2007:229, paragraphs 36 and 44). | 60
Admittedly, in the exercise of that power the Member States may not introduce or maintain unjustified restrictions on the exercise of fundamental freedoms in the area of health care. However, in the assessment of compliance with that prohibition, account must be taken of the fact that the health and life of humans rank foremost among the assets or interests protected by the Treaty and it is for the Member States, which have a discretion in the matter, to decide on the degree of protection which they wish to afford to public health and on the way in which that degree of protection is to be achieved (judgment in Azienda sanitaria locale No 5 Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 56 and the case-law cited). | 0 |
1,748 | 38 As regards the admissibility of the third plea, as ADP rightly points out, it is clear from the case-law of the Court of Justice (see, in particular, Case C-64/98 P Petrides v Commission [1999] ECR I-5187, paragraphs 31 to 34) that failure by the Court of First Instance to have due regard for the rights of defence may be pleaded on appeal to the Court of Justice. The third plea is therefore admissible. | 19 The calculation of the amount of the benefits in accordance with Article 46 of Regulation No 1408/71 must be carried out in three stages. First, the competent institution calculates the "independent" benefit in accordance with the first subparagraph of Article 46(1) of the regulation. Secondly, pursuant to the second subparagraph of Article 46(1), it calculates the amount of the "pro rata" benefit in accordance with Article 46(2). Thirdly, in accordance with the second sentence of the second subparagraph of Article 46(1), the competent institution compares the independent benefit and the pro rata benefit and takes into consideration the higher of those two amounts. Fourthly, it applies the Community rule against overlapping set out in Article 46(3). | 0 |
1,749 | 60. Nevertheless, according to the Court’s established case-law, where national legislation falling within an area which has not been completely harmonised at European Union level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets an overriding requirement relating to the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the aim which it pursues and does not go beyond what is necessary in order to attain it (see Arblade and Others , paragraphs 34 and 35, and Case C-168/04 Commission v Austria [2006] ECR I‑9041, paragraph 37). | 17. Il ressort également de la jurisprudence que l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures préparant ou visant à l’élaboration de plans (voir, en ce sens, arrêts du 2 mai 2002, Commission/France, C-292/99, Rec. p. I-4097, point 39, et du 14 avril 2005, Commission/Grèce, C-163/03, point 74). | 0 |
1,750 | 116. Contrary to those submissions, it is apparent from the case‑law that the fact that a body is non‑profit‑making is a relevant factor for the purpose of determining whether or not an activity is of an economic nature but it is not sufficient of itself (see, inter alia, to that effect, Case C‑244/94 Fédération française des sociétés d’assurance and Others [1995] ECR I‑4013, paragraph 21; Case C‑67/96 Albany [1999] ECR I‑5751, paragraph 85; and Case C‑237/04 Enirisorse [2006] ECR I‑2843, paragraph 31). | 22. A farmer who does not pay equitable remuneration to the holder when he uses the product of the harvest obtained by planting propagating material of a protected variety cannot rely on Article 14(1) of Regulation No 2100/94 and, therefore, must be regarded as having undertaken, without being entitled to do so, one of the acts set out in Article 13(2) of that regulation. Accordingly, it follows from Article 94 of that regulation that an action may be brought against such a farmer by the holder for an injunction in respect of the infringement or for payment of fair compensation, or both. If the infringement is intentional or negligent, the farmer is also obliged to pay damages to make good the loss suffered by the holder (judgment in Schulin , C‑305/00, EU:C:2003:218, paragraph 71). | 0 |
1,751 | 17. Finally, the Court has previously stated that when the employment relationship has terminated, and, therefore, it is in fact no longer possible to take paid annual leave, Article 7(2) of Directive 2003/88 provides that the worker is entitled to an allowance in lieu in order to prevent all enjoyment by the worker of that right to paid annual leave, even in pecuniary form, being lost because of that ‘impossibility’ (see, to that effect, Schultz-Hoff and Others , EU:C:2009:18, paragraph 56, and Neidel , C‑337/10, EU:C:2012:263, point 29). | 61. In any event, if the executing judicial authority concludes, following the review referred to in paragraphs 58 to 60 above, that it is required to bring the requested person’s custody to an end, it is then required, pursuant to Articles 12 and 17(5) of the Framework Decision, to attach to the provisional release of that person any measures it deems necessary so as to prevent him from absconding and to ensure that the material conditions necessary for his effective surrender remain fulfilled for as long as no final decision on the execution of the European arrest warrant has been taken. | 0 |
1,752 | 61. As the Belgian Government points out, that case-law concerns the interpretation of provisions of the Protocol which exempt officials and other servants of the Communities from national taxes on salaries, wages and emoluments paid to them. That exemption relates specifically to servants of the Communities and is limited to national taxes which could be charged on the income arising from performance of their functions, which is subject to Community tax. By contrast, in the present case there is no tax at the Community level and, in addition, only the provisions of the Protocol that exempt the Communities themselves from all direct taxes are in issue (see, to that effect, AGF Belgium , paragraph 14). | 17. Article 23(1)(c) of Directive 2003/55 provides that Member States must ensure that all customers are free to buy natural gas from the supplier of their choice as from 1 July 2007. | 0 |
1,753 | 32. According to settled case-law of the Court, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought 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, judgments in Commune de Mesquer , C‑188/07, EU:C:2008:359, paragraph 30 and the case-law cited therein, and Verder LabTec , C‑657/13, EU:C:2015:331, paragraph 29). | 30. It is settled case-law that questions on the interpretation of Community law referred by a national court, in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of 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, to that effect, Joined Cases C‑222/05 to C‑225/05 Van der Weerd and Others [2007] ECR I‑4233, paragraph 22 and the case-law cited). | 1 |
1,754 | 38. In this context, the Court has already held that the Habitats Directive has the aim that the Member States take appropriate protective measures to preserve the ecological characteristics of sites which host natural habitat types (see Case C‑308/08 Commission v Spain [2010] ECR I‑4281, paragraph 21, and Case C‑404/09 Commission v Spain , paragraph 163). | 11 Pursuant to Article 4(1)(b) of Regulation No 1408/71 that regulation is applicable to all legislation concerning the branches of social security which cover invalidity benefits, including those intended for the maintenance or improvement of earning capacity. Article 4(4) of Regulation No 1408/71, however, provides that the regulation is not applicable to social and medical assistance. | 0 |
1,755 | 85. The Court has held that Article 8(4) may not be used by a Member State as a basis for refusing indefinitely to recognise, in relation to a person who has been subject in its territory to a measure withdrawing or cancelling a previous licence issued by that State, the validity of any licence that may subsequently, that is to say, after the period of prohibition, be issued to him by another Member State (see, to that effect, Kapper , paragraph 76; Wiedemann and Funk , paragraph 63; Zerche and Others , paragraph 60; and the orders in Halbritter , paragraph 28, and Kremer , paragraph 29). | 52 None of those arguments can be upheld. | 0 |
1,756 | 33. According to settled case-law, the imposition of a penalty payment is, in principle, justified only in so far as the failure to comply with an earlier judgment of the Court continues up to the time of the Court’s examination of the facts (Case C‑496/09 Commission v Italy [2011] ECR I‑0000, paragraph 42, and Case C‑610/10 Commission v Spain , paragraph 96). | 14WHILST THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS AND ON MARKETING STANDARDS FOR EGGS CONTAIN DETAILED RULES RELATING TO GRADING BY QUALITY AND WEIGHT , PACKING , WAREHOUSING , TRANSPORT , PRESENTATION AND MARKING OF EGGS THEY CONTAIN NO PROVISION RELATING TO THE SELLING PRICE OF LABELS OR THE METHOD OF FINANCING THE ADMINISTRATE COSTS INHERENT IN THE SUPERVISION .
| 0 |
1,757 | 29. In this context, the Court has held that, in the absence of fraud or abuse and subject to adjustments which may be made in accordance with the conditions laid down in Article 185 of Directive 2006/112, the right to deduct, once it has arisen, is retained even if the economic activity envisaged does not give rise to taxed transactions (see INZO , paragraphs 20 and 21; Ghent Coal Terminal , paragraphs 19 to 23; Schloßstrasse , paragraph 42; Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 22; and Fini H , paragraph 22). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,758 | 93. The Court has consistently held that there is an inseparable link between the obligation to establish the Communities’ own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest, payable regardless of the reason for the delay in making the entry in the Commission’s account (see, in particular, Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 17; Case C-363/00 Commission v Italy [2003] ECR I-5767, paragraphs 43 and 44; and the judgment of 22 January 2009 in Case C-150/07 Commission v Portugal , paragraph 62). | 42 The plea alleging breach of the principle of the protection of legitimate expectations was first raised in the rejoinder and is not based on matters of law or of fact which came to light in the course of the procedure. | 0 |
1,759 | 60. Directive 98/59, like Directive 75/129, carries out only a partial harmonisation of the rules for the protection of workers in the event of collective redundancies. It is therefore not designed to bring about full harmonisation of national systems of worker representation in undertakings (see, concerning Directive 75/129, Case C‑383/92 Commission v United Kingdom [1994] ECR I‑2479, paragraph 25 and case-law there cited). | 25 Admittedly, the directive carries out only a partial harmonization of the rules for the protection of workers in the event of collective redundancies (see, in that connection, the judgment in Case 284/83 Dansk Metalarbejderforbund v Nielsen & Soen [1985] ECR 553) and is for that reason not designed to bring about full harmonization of national systems of worker representation in undertakings. However, the limited character of such harmonization cannot deprive the provisions of the directive, and especially Articles 2 and 3, of their effectiveness. In particular, it cannot prevent Member States from being required to take all appropriate measures to ensure that workers' representatives are designated with a view to complying with the obligations laid down in Articles 2 and 3. | 1 |
1,760 | 45. In order to comply with that requirement, it is not necessary for the person applying for registration of a mark with respect to a bringing together service to specify in detail each of the activities making up that service (see, to that effect, Praktiker Bau- und Heimwerkermärkte EU:C:2005:425, paragraph 49, and Chartered Institute of Patent Attorneys EU:C:2012:361, paragraph 45). A description such as that in the application for registration submitted by Netto Marken-Discount, according to which the service in question relates, particularly, to ‘the bringing together, for the benefit of others, of a variety of services enabling customers conveniently to purchase those services, especially services provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example websites or television shopping programmes’, allows the competent authorities and economic operators to understand that the application is made in respect of a service which consists in selecting and offering an assortment of services so that the consumer can choose between them from a single point of contact. | 59. In that regard, it should be noted that the European Union legislature was required to strike a balance between the freedom to conduct a business, on the one hand, and the fundamental freedom of citizens of the European Union to receive information and the freedom and pluralism of the media, on the other. | 0 |
1,761 | 17. The rule of jurisdiction laid down in Article 6(1) provides that a person may, where he is one of a number of defendants, be sued in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings (judgments in Painer , C‑145/10, EU:C:2011:798, paragraph 73, and in Sapir and Others , C‑645/11, EU:C:2013:228, paragraph 40). | 29 In that regard, it should be noted first that the Commission is required to specify the subject-matter and purpose of the investigation . That obligation is a fundamental requirement not merely in order to show that the investigation to be carried out on the premises of the undertakings concerned is justified but also to enable those undertakings to assess the scope of their duty to cooperate while at the same time safeguarding the rights of the defence . | 0 |
1,762 | 64. However, as the referring court itself pointed out, the application of that qualification is subject to judicial control (for an example of such control in relation to the concept of objective reasons in the context of Clause 5(1) of the framework agreement, see Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraphs 58 to 75), although the possibility of relying on it does not preclude the view that the provision at issue confers on individuals rights which they may enforce in the national courts and which the latter must protect (see, by analogy, van Duyn , paragraph 7; Case C‑156/91 Hansa Fleisch Ernst Mundt [1992] ECR I‑5567, paragraph 15; Case C‑374/97 Feyrer [1999] ECR I‑5153, paragraph 24; and also Case C‑413/99 Baumbast and R [2002] ECR I‑7091, paragraphs 85 and 86). | 23 The finding of the Court of First Instance that Mr Tzoanos had not provided the necessary evidence in that regard is a finding of fact which comes within the exclusive jurisdiction of the Court of First Instance and cannot be called into question in the context of an appeal (see, to this effect, Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 12, and Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraph 10). | 0 |
1,763 | 45. It is sufficient to note in that respect that it follows both from the duty of loyalty of the Member States and the requirements of effectiveness referred to, for example, in recital 4 of Directive 2008/115, that the obligation imposed on the Member States by Article 8 of that directive, in the cases set out in Article 8(1), to carry out the removal, must be fulfilled as soon as possible. That would clearly not be the case if, after establishing that a third-country national is staying illegally, the Member State were to preface the implementation of the return decision, or even the adoption of that decision, with a criminal prosecution followed, in appropriate cases, by a term of imprisonment. Such a step would delay the removal ( El Dridi , paragraph 59) and does not, moreover, appear amongst the justifications for a postponement of removal referred to in Article 9 of Directive 2008/115. | 158. An undertaking may thus have participated directly in all the forms of anti-competitive conduct comprising the single and continuous infringement, in which case the Commission is entitled to attribute liability to it in relation to that conduct as a whole and, therefore, in relation to the infringement as a whole. Equally, the undertaking may have participated directly in only some of the forms of anti-competitive conduct comprising the single and continuous infringement, but have been aware of all the other unlawful conduct planned or put into effect by the other participants in the cartel in pursuit of the same objectives, or could reasonably have foreseen that conduct and have been prepared to take the risk. In such cases, the Commission is also entitled to attribute liability to that undertaking in relation to all the forms of anti-competitive conduct comprising such an infringement and, accordingly, in relation to the infringement as a whole (judgment in Commission v Verhuizingen Coppens , C‑441/11 P, EU:C:2012:778, paragraph 43). | 0 |
1,764 | 39. Accordingly, it must be stated that, as regards Turkish nationals such as Mr Kahveci and Mr Inan, it is Article 14(1) of Decision 1/80 which establishes the relevant legal framework for assessing to what extent a Turkish national who has been convicted of criminal offences may be deprived, by means of expulsion from the host Member State, of the rights which he derives directly from that decision (see, inter alia, Derin , paragraph 74, and Bozkurt , paragraph 54). | 74. Finally, with regard to a situation such as that in the main proceedings, in which a decision has been taken by the competent authorities of the host Member State to expel a Turkish national after his conviction there for several offences under national legislation, it must be pointed out that it is Article 14(1) of Decision 1/80 which establishes the relevant legal framework authorising the Member States to take the necessary measures. Those authorities are, however, obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security, and in addition they must observe the principle of proportionality (see, to that effect, Nazli , paragraphs 57 to 61, and, by analogy, Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraphs 39, 43 and 44). In particular, a measure ordering expulsion based on Article 14(1) of that decision may be taken only if the personal conduct of the person concerned indicates a specific risk of new and serious prejudice to the requirements of public policy. Consequently, such a measure cannot be ordered automatically following a criminal conviction and with the aim of general deterrence (see Case C-383/03 Dogan [2005] ECR I-6237, paragraph 24). | 1 |
1,765 | 36. In that regard, as follows from the case-law cited in paragraph 29 of this judgment, it is, in the present case, incumbent upon the Commission to place before the Court the information needed to enable the Court to establish that a public contract has been awarded, and in so doing the Commission may not rely on any presumption in that regard. | 24
It follows that the lack of a contractual link between the two undertakings successively entrusted with managing the surveillance and security of port facilities has no bearing on the question as to whether or not Directive 2001/23 is applicable to a situation such as that at issue in the main proceedings. | 0 |
1,766 | 27
It follows from settled case-law that the measures prohibited by Article 63(1) TFEU, as restrictions on the movement of capital, include those that are such as to discourage non-residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (see judgment of 8 November 2012 in Commission v Finland, C‑342/10, EU:C:2012:688, paragraph 28, and 22 November 2012 in Commission v Germany, C‑600/10, not published, EU:C:2012:737, paragraph 14). | 144 In such circumstances, overriding considerations of legal certainty militate against calling in question legal situations whose effects have already been exhausted. An exception must, however, be made in favour of persons who may have taken timely steps to safeguard their rights. Finally, limitation of the effects of the said interpretation can be allowed only in respect of compensation fees for transfer, training or development which have already been paid on, or are still payable under an obligation which arose before, the date of this judgment. | 0 |
1,767 | 111. As the General Court noted in paragraph 28 of the judgment under appeal, partial annulment of a European Union act is possible only if the elements the annulment of which is sought may be severed from the remainder of the act (see, inter alia, Case C-29/99 Commission v Council [2002] ECR I-11221, paragraphs 45 and 46; Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 30; and Case C‑244/03 France v Parliament and Council [2005] ECR I‑4021, paragraph 12; see, to that effect, Case C-378/00 Commission v Parliament and Council [2003] ECR I‑937, paragraph 30). The Court has also repeatedly held that the requirement of severability is not satisfied in the case where the partial annulment of an act would have the effect of altering its substance (Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-1375, paragraph 257; Case C-29/99 Commission v Council cited above, paragraph 46; and Case C‑244/03 France v Parliament and Council , cited above, point 13). | 25 IN FACT , IN THE CIRCUMSTANCES OUTLINED ABOVE , ACQUISITION OF THE BILL OF LADING COULD NOT CONFER UPON THE THIRD PARTY MORE RIGHTS THAN THOSE ATTACHING TO THE SHIPPER UNDER IT . THE THIRD PARTY HOLDING THE BILL OF LADING THUS BECOMES VESTED WITH ALL THE RIGHTS , AND AT THE SAME TIME BECOMES SUBJECT TO ALL THE OBLIGATIONS , MENTIONED IN THE BILL OF LADING , INCLUDING THOSE RELATING TO THE AGREEMENT ON JURISDICTION .
| 0 |
1,768 | 27 It must borne in mind at the outset that, as the Court has held on several occasions (see the judgments in Case 21/76 Bier v Mines de Potasse d'Alsace, cited above, paragraph 11, Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraph 17, Case C-68/93 Shevill and Others v Presse Alliance [1995] ECR I-415, paragraph 19, and Case C-364/93 Marinari v Lloyds Bank and Another [1995] ECR I-2719, paragraph 10), the rule of special jurisdiction in Article 5(3) of the Convention, the choice of which is a matter for the plaintiff, is based on the existence of a particularly close connecting factor between the dispute and courts other than those of the State of the defendant's domicile which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings. | 62 In those circumstances, it must be concluded that, as Community law stands at present, a Member State is not in principle prohibited from refusing to extend the residence permit of a Moroccan national whom it has previously authorised to enter its territory and to take up gainful employment there, where the initial reason for the grant of his leave to stay no longer exists by the time that his residence permit expires. | 0 |
1,769 | 43 Trade mark rights, the Court has held, constitute an essential element in the system of undistorted competition which the Treaty is intended to establish. In such a system, undertakings must be able to attract and retain customers by the quality of their products or services, which is possible only thanks to the existence of distinctive signs allowing them to be identified. For the trade mark to be able to fulfil that function, it must constitute a guarantee that all products which bear it have been manufactured under the control of a single undertaking to which responsibility for their quality may be attributed (see HAG II, paragraph 13, and IHT Internationale Heiztechnik, paragraphs 37 and 45). | 86
That the right guaranteed by Article 4 of the Charter is absolute is confirmed by Article 3 ECHR, to which Article 4 of the Charter corresponds. As is stated in Article 15(2) ECHR, no derogation is possible from Article 3 ECHR. | 0 |
1,770 | 27. According to the Court’s case-law, where a transaction comprises a bundle of elements and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, first ly, if there are two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply falls within the exemption in question (see, to that effect, Case C-41/04 Levob Verzekeringen and OV Bank [2005] ECR I-9433, paragraph 19; Case C-111/05 Aktiebolaget NN [2007] ECR I-2697, paragraph 21; and Joined Cases C-497/09, C-499/09, C-501/09 and C-502/09 Bog and Others [2011] ECR I-1457, paragraph 52). | 52. According to the Court’s case-law, where a transaction comprises a bundle of elements and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, first, whether there are two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of goods or a supply of services (see Levob Verzekeringen and OV Bank , paragraph 19, and Aktiebolaget NN , paragraph 21). | 1 |
1,771 | 35. The consideration represented by the subsidy must, at the very least, be identifiable. It is not necessary for the subsidy to correspond exactly to the diminution in the price of the goods or services supplied. It is sufficient if the relationship between the diminution in price and the subsidy, which may be at a flat rate, is significant ( Office des produits wallons , paragraph 17). | 27 IL S' ENSUIT QUE LA REGLEMENTATION EN MATIERE DE PRELEVEMENT SUPPLEMENTAIRE SUR LE LAIT A ETE ARRETEE EN VIOLATION DU PRINCIPE DE LA CONFIANCE LEGITIME . CETTE REGLEMENTATION DEVANT DONC ETRE DECLAREE INVALIDE POUR CETTE RAISON, IL N' Y A PAS LIEU D' EXAMINER LES AUTRES ARGUMENTS AVANCES AU COURS DE LA PROCEDURE A L' ENCONTRE SA VALIDITE . | 0 |
1,772 | 37 According to settled case-law, the concepts used in Article 13 of the Brussels Convention must be interpreted independently, by reference principally to the system and objectives of the Convention, in order to ensure that it is fully effective (see, in particular, Case 150/77 Bertrand [1978] ECR 1431, paragraphs 14, 15 and 16; Case C-89/91 Shearson Lehman Hutton [1993] ECR I-139, paragraph 13; Case C-269/95 Benincasa [1997] ECR I-3767, paragraph 12; and Case C-99/96 Mietz [1999] ECR I-2277, paragraph 26). | 30 It argues thirdly that in view of the substantial nature of the changes made in the second proposal from the Commission, the European Parliament should have been consulted again. In this respect the applicant refers to two substantial changes. The 20% ad valorem customs duty, consolidated in GATT, which was maintained in the first proposal, was replaced by a specific duty of ECU 100 per tonne. The tariff quota share of 30% of third-country bananas was open in the first proposal to importers of third-country bananas who undertook to market a specific quantity of Community and/or traditional ACP bananas; also under the original scheme new importers could have taken part in that partnership arrangement, whereas their quota share is now limited to 3.5% of the tariff quota. | 0 |
1,773 | 24. However, the Court has also repeatedly ruled that, although it is not its task, in proceedings brought under Article 234 EC, to rule upon the compatibility of provisions of domestic law with Community law or to interpret domestic legislation or regulations, it may nevertheless provide the national court with an interpretation of Community law on all such points as may enable that court to determine the issue of compatibility for the purposes of the case before it (see, inter alia, Case C-292/92 Hünermund and Others [1993] ECR I-6787, paragraph 8; Case C-28/99 Verdonck and Others [2001] ECR I-3399, paragraph 28; Case C‑399/98 Ordine degli Architetti and Others [2001] ECR I‑5409, paragraph 48; and Joined Cases C-285/99 a nd C-286/99 Lombardini and Mantovani [2001] ECR I-9233, paragraph 27). | 27 It must be borne in mind at the outset that, although the Court may not, under Article 234 EC, rule upon the compatibility of a provision of domestic law with Community law or interpret domestic legislation or regulations, it may nevertheless provide the national court with an interpretation of Community law on all such points as may enable that court to determine the issue of compatibility for the purposes of the case before it (see, for example, Case C-292/92 Hünermund and Others [1993] ECR I-6787, paragraph 8; Case C-28/99 Verdonck and Others [2001] ECR I-3399, paragraph 28; Case C-399/98 Ordine degli Architetti and Others [2001] ECR I-5409, paragraph 48). | 1 |
1,774 | 23 In determining the scope of any derogation from a fundamental right such as the equal treatment of men and women, the principle of proportionality, one of the general principles of Community law, must also be observed, as the Court pointed out in paragraph 38 of Johnston and paragraph 26 of Sirdar. That principle requires that derogations remain within the limits of what is appropriate and necessary in order to achieve the aim in view and requires the principle of equal treatment to be reconciled as far as possible with the requirements of public security which determine the context in which the activities in question are to be performed. | 26 In determining the scope of any derogation from an individual right such as the equal treatment of men and women, the principle of proportionality, one of the general principles of Community law, must also be observed, as the Court pointed out in paragraph 38 of Johnston. That principle requires that derogations remain within the limits of what is appropriate and necessary in order to achieve the aim in view and requires the principle of equal treatment to be reconciled as far as possible with the requirements of public security which determine the context in which the activities in question are to be performed. | 1 |
1,775 | 38. Consequently, the services rendered by ACMC to UL must be regarded as a form of cooperation consisting in assisting UL, for payment, in the performance of activities which would normally be carried out by it, but without having a contractual relationship with the insured parties. Such activities constitute a division of UL’s activities and not the performance of services carried out by an insurance agent (see, by analogy, Case C-235/00 CSC Financial Services [2001] ECR I-10237, paragraph 40). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
1,776 | 24 Furthermore, it is to be noted that where a Member State relies on overriding requirements to justify rules which are likely to obstruct the exercise of free movement of goods, such justification must also be interpreted in the light of the general principles of law and in particular of fundamental rights (see Case C-260/89 ERT [1991] ECR I-2925, paragraph 43). | 21 In those circumstances, in the absence of any provision on its entry into force, it follows from the binding character which the Agreement attaches to decisions of the EEC-Turkey Association Council that Decision No 3/80 entered into force on the date on which it was adopted, that is to say, 19 September 1980, and that, since then, the Contracting Parties have been bound by that decision. | 0 |
1,777 | 33. Article 49 TFEU requires the abolition of restrictions of the freedom of establishment. The provisions of the Treaty on freedom of establishment are aimed, according to their wording, at ensuring the benefit of national treatment in the host Member State. Moreover, according to settled case-law, Article 49 TFEU precludes any national measure which, even if applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by European Union nationals of the freedom of establishment that is guaranteed by the Treaty (see, to that effect, Case C‑371/10 National Grid Indus [2011] ECR I‑0000, paragraphs 35 and 36, and Case C‑84/11 Susisalo and Others [2012] ECR I‑0000, paragraph 31). | 37. As the Court of Justice has noted on numerous occasions, it is incompatible with the binding effect which Article 249 EC ascribes to a directive to exclude, in principle, the possibility of the obligation imposed by that directive being relied on by persons concerned. That consideration applies particularly in respect of a directive which is intended to control and reduce atmospheric pollution and which is designed, therefore, to protect public health. | 0 |
1,778 | 52. The Court has held previously that Article 10(2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1), now Article 63 of the VAT Directive, meets those criteria (see, to that effect, Case C-10/92 Balocchi [1993] ECR I-5105, paragraphs 34 and 35). It has held the same in respect of Article 73 of the VAT Directive ( Balkan and Sea Properties , paragraph 61). | 28 IT IS NOT FOR THE COURT , AT THIS STAGE OF THE PROCEDURE , WHEN IT IS CONSIDERING WHETHER THE APPLICATION IS ADMISSIBLE , TO MAKE A DEFINITIVE FINDING ON THE COMPETITIVE RELATIONSHIP BETWEEN THE APPLICANTS AND THE NETHERLANDS UNDERTAKINGS . IT IS SUFFICIENT TO NOTE THAT THE APPLICANTS HAVE ADDUCED PERTINENT REASONS TO SHOW THAT THE COMMISSION ' S DECISION MAY ADVERSELY AFFECT THEIR LEGITIMATE INTERESTS BY SERIOUSLY JEOPARDIZING THEIR POSITION ON THE MARKET IN QUESTION .
| 0 |
1,779 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 42 The fact that there are difficulties in applying the principle of equal pay because the funds held by the trustees are insufficient or the employer cannot provide additional funds is a problem to be resolved in accordance with national law which cannot affect the answers given to the previous questions. However, as the United Kingdom rightly points out, the national law in question must be applied in accordance with the principle of equal pay. | 0 |
1,780 | 40
However, such application of EU law is consistent with the principles of legal certainty and of the protection of legitimate expectations (see to that effect, inter alia, judgments of 22 January 2015, Balazs, C‑401/13 and C‑432/13, EU:C:2015:26, paragraphs 49 and 50 and the case-law cited, and of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraphs 38 to 40). | 85. So far as concerns the conditions referred to in the preceding paragraph, it is important to bear in mind that in a situation where the nature and the broad logic of an international treaty permit the validity of the act of European Union law to be reviewed in the light of the provisions of that treaty, it is still necessary that the provisions of that treaty which are relied on for the purpose of examining the validity of the act of European Union law appear, as regards their content, to be unconditional and sufficiently precise (see Intertanko and Others , paragraph 45, and Air Transport Association of America and Others , paragraph 54). | 0 |
1,781 | 40. In that regard, the Court has stated that, in the specific case where a parent company has a 100% shareholding in a subsidiary which has infringed the competition rules of the European Union, first, the parent company can exercise a decisive influence on the conduct of the subsidiary and, second, there is a rebuttable presumption that the parent company does in fact exercise such a decisive influence (see, inter alia, Case 107/82 AEG-Telefunken v Commission [1983] ECR 3151, paragraph 50; Akzo Nobel and Others v Commission , paragraph 60; General Química and Others v Commission , paragraph 39; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 97). | 74
It must therefore be held that the concept of ‘trial resulting in the decision’, within the meaning of Article 4a(1) of Framework Decision 2002/584, must be understood as referring to the proceeding that led to the judicial decision which finally sentenced the person whose surrender is sought in connection with the execution of a European Arrest Warrant. | 0 |
1,782 | 31 In fact, in view of the important role played, at the time when a pension insurance contract is taken out, by the possibility of obtaining tax relief under that head, such legislation is liable to dissuade individuals from taking out voluntary pension insurance with institutions established in a Member State other than Finland and to dissuade those institutions from offering their services on the Finnish market (see, to that effect, Case C-118/96 Safir [1998] ECR I-1897, paragraph 30).
Justificatory grounds relied on | 21 HOWEVER , SUCH DIFFERENTIAL TAXATION IS INCOMPATIBLE WITH COMMUNITY LAW IF THE PRODUCTS MOST HEAVILY TAXED ARE , AS IN THIS CASE , BY THEIR VERY NATURE , IMPORTED PRODUCTS .
| 0 |
1,783 | 41. The obligation not to put migrant workers who have availed themselves of their right to free movement at a disadvantage does not mean, however, that Article 58(1) of Regulation No 1408/71, by not allowing the pay earned in another Member State to be taken into account for the calculation of cash benefits, must be regarded as contrary to the objective set down in Article 42 EC. That obligation merely implies that those benefits must be the same for the migrant worker as they would have been if he had not availed himself of his right to free movement (see, to that effect, Lafuente Nieto , paragraph 39; Naranjo Arjona and Others, paragraph 21; and Grajera Rodriguez , paragraph 18). | 12 Since that letter remained unanswered, the Commission issued a reasoned opinion on 19 November 1995 in which it called on the Italian Republic to take the necessary measures to comply with the opinion within two months from receipt thereof. | 0 |
1,784 | 68. Since such a service is of a cross-border nature, Article 56 TFEU is applicable to it (see, to that effect, Bond van Adverteerders and Others , paragraph 15). | 24. It must be borne in mind that that provision does not provide for any penalty; it does no more than lay down, without prejudice to reductions and exclusions in accordance with Articles 32 to 35 of Regulation No 2419/2001, the rules for determining the eligible area under the scheme(s) concerned by the area aid application when it appears that the area declared in that application is greater than the area actually determined following checks by the competent authorities (see, to that effect, judgment in Haug , C‑286/05, EU:C:2006:296, paragraph 24). | 0 |
1,785 | 52. The Court has consistently held that the Community institutions are free to introduce harmonisation gradually or in stages. It is generally difficult to implement such measures because they require the competent Community institutions to draw up, on the basis of diverse and complex national provisions, common rules in harmony with the aims laid down by the EC Treaty and approved by a qualified majority of the Members of the Council, or even, as is the case in fiscal matters, their unanimous agreement (see, to that effect, Case 37/83 Rewe‑Zentrale [1984] ECR 1229, paragraph 20; Case C‑233/94 Germany v Parliament and Council [1997] ECR I‑2405, paragraph 43; and Case C‑166/98 Socridis [1999] ECR I‑3791, paragraph 26). | 41 It is, on the contrary, for the national court to check whether, viewed objectively, the rules in question in the main proceedings promote the protection of posted workers. | 0 |
1,786 | 25 Where Community directives provide for the harmonization of measures necessary to ensure the protection of the interests referred to in Article 36 of the Treaty, any national measure relating thereto must be assessed in relation to the provisions of that directive and not Articles 30 to 36 of the Treaty (see Case 5/77 Tedeschi v Denkavit [1977] ECR 1555, paragraph 35; Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 35; Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 9; and Case C-323/93 Centre d' Insémination de la Crespelle v Coopérative de la Mayenne [1994] ECR I-5077, paragraph 31). | 24. Il découle de cette disposition que le Tribunal est appelé à apprécier la légalité des décisions des chambres de recours de l’OHMI en contrôlant l’application du droit de l’Union effectuée par celles-ci eu égard, notamment, aux éléments de fait qui ont été soumis auxdites chambres (voir, notamment, arrêts du 13 mars 2007, OHMI/Kaul, C‑29/05 P, Rec. p. I‑2213, point 54, et du 18 décembre 2008, Les Éditions Albert René/OHMI, C‑16/06 P, Rec. p. I‑10053, point 38). | 0 |
1,787 | 68. According to settled case-law, the wording used in one language version of an EU 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. (see, in particular, Case C‑187/07 Endendijk [2008] ECR I‑2115, paragraph 23; Case C‑239/07 Sabatauskas and Others [2008] ECR I‑7523, paragraph 38; Joined Cases C‑230/09 and C‑231/09 Kurt and Thomas Etling and Others [2011] ECR I‑3097, paragraph 60). Moreover, the various language versions of a text of EU law must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part (see, to that effect, Endendijk , at paragraph 24; Case C‑340/08 M and Others [2010] ECR I‑3913, paragraph 44; Kurt and Thomas Etling , paragraph 60). | 8 The administrative complaint and its rejection, whether express or implied, by the appointing authority thus constitute an integral part of a complex procedure . Consequently, the action before the Court, even if formally directed against the rejection of the official' s complaint, has the effect of bringing before the Court the act adversely affecting the applicant against which the complaint was submitted . | 0 |
1,788 | 21 The provisions of Section 1 of Chapter II of Decision No 1/80, of which Article 6 forms part, thus constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the Treaty. The Court has accordingly considered it essential to extend, so far as possible, the principles enshrined in those Treaty articles to Turkish workers who enjoy the rights conferred by Decision No 1/80 (see the judgments in Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14, 19 and 20, and Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraph 20). | 58. Regulation No 1139/98 is intended to add further information to that which it is already compulsory to mention on the labelling of certain foodstuffs under Directive 79/112, which was not designed as a measure for protection of the environment (see Glawischnig , paragraph 33). | 0 |
1,789 | 71. According to the Court’s case‑law, a presumption remains within acceptable limits so long as it is proportionate to the legitimate aim pursued, it is possible to adduce evidence to the contrary and the rights of the defence are safeguarded. The fact that it is difficult to adduce the necessary evidence to the contrary in order to rebut the presumption or the mere fact that an entity does not, in a given case, produce evidence capable of rebutting a presumption does not, in itself, mean that that presumption cannot in fact be rebutted, especially where, as is the case with the presumption at issue, the entities against which the presumption operates are those best placed to seek that evidence within their own sphere of activity ( Elf Aquitaine v Commission , paragraphs 62, 66 and 70). | 37 It must be added that a Member State cannot claim that a list of ingredients which complies with Article 3 of the directive none the less constitutes fraud within the meaning of Article 15(2) of the directive, justifying the application of non-harmonised national rules. | 0 |
1,790 | 77. À cet égard, il suffit de relever que, d’une part, l’affaire ayant donné lieu à l’arrêt EU-Wood-Trading, précité (voir, notamment, point 16 de celui-ci), portait sur l’interprétation d’une disposition du règlement n° 259/93, relatif au transfert des déchets, prévoyant expressément l’intervention des «autorités compétentes de destination et d’expédition». D’autre part, l’affaire ayant donné lieu à l’arrêt Commission/France, précité, concernait non pas, comme en l’espèce, une situation de transit intracommunautaire, mais l’importation dans la Communauté de spécimens provenant d’un État tiers, régie à l’époque par le règlement (CEE) n° 3626/82 du Conseil, du 3 décembre 1982, relatif à l’application dans la Communauté de la convention sur le commerce international des espèces de faune et de flore sauvages menacées d’extinction (JO L 384, p. 1), qui subordonnait l’importation des espèces visées à la présentation d’un permis d’importation délivré, à l’époque, conformément à l’article 10, paragraphe 1, sous b), de ce règlement et, actuellement, par un organe de gestion de l’État membre de destination dans les conditions prévues à l’article 4 du règlement n° 338/97. | 16. Article 7(4) of the Regulation provides:
‘(a) The competent authorities of destination and dispatch may raise reasoned objections to the planned shipment:
– in accordance with Directive 75/442/EEC, in particular Article 7 thereof, or
– if it is not in accordance with national laws and regulations relating to environmental protection, public order, public safety or health protection, or
– if the notifier or the consignee has previously been guilty of illegal trafficking. In this case, the competent authority of dispatch may refuse all shipments involving the person in question in accordance with national legislation, or
– if the shipment conflicts with obligations resulting from international conventions concluded by the Member State or Member States concerned, or
– if the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction do not justify the recovery under economic and environmental considerations.
(b) The competent authorities of transit may raise reasoned objections to the planned shipment based on the second, third and fourth indents of (a).’ | 1 |
1,791 | 40. In that regard, it follows from the case-law that the provisions of Article 17(2) of the Sixth Directive, read together with Articles 2 and 13A(1)(e) of that directive, confer on individuals rights on which they may rely as against the Member State concerned before a national court (see, to that effect, Case C-62/93 Soupergaz [1995] ECR I-1883, paragraphs 35 and 36, and Case C-150/99 Stockholm Lindöpark [2001] ECR I-493, paragraphs 32, 33 and 35). | 36 Consequently, it should be stated in reply to the first part of Question 2 that the provisions of Article 11A(1) and B(1) and (2) and of Article 17(1) and (2) of the Sixth Directive confer rights on individuals on which they may rely before a national court.
Question 2, second part | 1 |
1,792 | 39
The take charge and take back procedures established by the Dublin III Regulation must, in particular, be carried out in compliance with a series of mandatory time limits, which include the six-month time limit referred to in Article 29(1) and (2) of that regulation. Whilst those provisions are intended to provide a framework for those procedures, they also contribute, in the same way as the criteria set out in Chapter III of the regulation, to determining the Member State responsible. As is clear from paragraphs 30 to 34 of the present judgment, the expiry of that six-month period without the transfer of the applicant from the requesting Member State to the Member State responsible having been carried out results in the automatic transfer of responsibility from the second Member State to the first (see, by analogy, judgment of 26 July 2017, Mengesteab, C‑670/16, EU:C:2017:587, paragraphs 50 to 53). | 55 In that regard it should be recalled that, contrary to the Danish Government's assertion, the Court has held, in paragraph 34 of Safir, that the need to fill the fiscal vacuum arising from the non-taxation of savings in the form of capital life assurance policies taken out with companies established in a Member State other than the one where the saver is resident was not such as to justify the national measure at issue, which restricted freedom to provide services. | 0 |
1,793 | 90. It follows that the clause on the ownership and control of airlines is contrary to Article 52 of the Treaty (see, to that effect, Commission v Denmark , paragraphs 122 to 124 and 128 to 133; Commission v Sweden , paragraphs 113 to 115 and 119 to 124; Commission v Finland , paragraphs 118 to 120 and 124 to 129; Commission v Belgium , paragraphs 131 to 133 and 137 to 142; Commission v Luxembourg , paragraphs 122 to 124 and 128 to 133; Commission v Austria , paragraphs 130 to 134 and 138 to 143, and Commission v Germany , paragraphs 144 to 146 and 150 to 156). | 30 Thus the Court has held that, although certain judgments in actions between a public authority and a person governed by private law may come within the scope of the Brussels Convention, it is otherwise where the public authority is acting in the exercise of its public powers (LTU, cited above, paragraph 4, and Rüffer, paragraph 8). | 0 |
1,794 | 68. À cet égard, il y a lieu de rappeler, en premier lieu, que, selon une jurisprudence constante, chacun des États membres destinataires d’une directive a l’obligation de prendre, dans son ordre juridique national, toutes les mesures nécessaires en vue d’assurer le plein effet de cette directive, conformément à l’objectif qu’elle poursuit (voir, notamment, arrêts du 26 juin 2003, Commission/France, C‑233/00, Rec. p. I‑6625, point 75, et du 30 novembre 2006, Commission/Luxembourg, C‑32/05, Rec. p. I‑11323, point 32). | 38 It therefore needs to be examined whether the restriction arising from that obligation may be justified. | 0 |
1,795 | 21 In so far as the rule of German law mentioned by the referring court affects only the subrogation of the institution responsible for benefits to the rights of recipients of benefits, it should be recalled that Article 93(1)(a) of the Regulation provides that each Member State is to recognise the subrogation of the institution responsible for benefits to the rights which the recipient of the benefits has against the third party bound to compensate for the injury, where that institution is so subrogated under the legislation of the Member State to which it belongs (DAK v Lærerstanders Brandforsikring, paragraph 17). | 38. There is no doubt that the data relating to the applicant for a residence permit and contained in a minute, such as the applicant’s name, date of birth, nationality, gender, ethnicity, religion and language, are information relating to that natural person, who is identified in that minute in particular by his name, and must consequently be considered to be ‘personal data’ (see, to that effect, inter alia the judgment in Huber , C‑524/06, EU:C:2008:724, paragraphs 31 and 43). | 0 |
1,796 | 61. In this instance, although the relevant restrictions on investment operations apply without distinction to both residents and non-residents, it must none the less be held that they affect the position of a person acquiring a shareholding as such and are thus liable to deter investors from other Member States from making such investments and, consequently, affect access to the market (see, also, the judgment of today's date in Case C-98/01 Commission v United Kingdom [2003] ECR I-4641, paragraph 47). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,797 | 19
That interpretation of Article 50 of the Charter is supported by the explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), which must be taken into account with a view to its interpretation (see, to that effect, judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 20). Concerning that article, those explanations refer to the Court’s case-law relating to the ne bis in idem principle, as recognised as a general principle of European Union law prior to the entry into force of the Charter. According to that case-law, that principle cannot, in any event, be infringed if it is not the same person who was sanctioned more than once for the same unlawful act (see, to that effect, inter alia, judgments of 7 January 2004, Aalborg Portland and Others v Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6, paragraph 338, and of 18 December 2008, Coop de France bétail et viande and Others v Commission, C‑101/07 P and C‑110/07 P, EU:C:2008:741, paragraph 127). | 31. In conclusion, ‘subsidies directly linked to the price’ for the purposes of Article 11(A)(1)(a) of the Sixth Directive include only subsidies which constitute the whole or part of the consideration for a supply of goods or services and which are paid by a third party to the seller or supplier ( Office des produits wallons , paragraph 18). | 0 |
1,798 | 60. It should be pointed out in this regard that, according to the case-law, the Community legislation on customs valuation seeks to introduce a fair, uniform and neutral system excluding the use of arbitrary or fictitious customs values ( Unifert , paragraph 35, Case C‑15/99 Sommer [2000] ECR I‑8989, paragraph 25, and Case C‑306/04 Compaq Computer International Corporation [2006] ECR I‑10991, paragraph 30) and that that objective meets the requirements of commercial practice (Case C‑299/90 Hepp [1991] ECR I‑4301, paragraph 13). In accordance with Point 2 of the Interpretative Notes on Customs Value in Annex 23 to the implementing regulation, concerning Article 31(1) of the Community Customs Code, the methods of valuation to be used under Article 31(1) should be those laid down in Articles 29 and 30(2) of the Code but a ‘reasonable flexibility’ in the application of those methods would be in conformity with the objectives and provisions of Article 31(1) of the Code. | 116. Moreover, as the Advocate General noted at point 161 of her Opinion, such an interpretation would render the reference in Clause 4(2) of the framework agreement to the principle of pro rata temporis meaningless, that principle being intended by definition only to apply to divisible performance, such as that deriving from financial employment conditions linked, for example, to remuneration and pensions. | 0 |
1,799 | 42 It should be noted that it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict for any person concerned the opportunity of relying upon a provision which it has interpreted with a view to calling in question legal relationships established in good faith (Case C-104/98 Buchner and Others v Sozialversicherungsanstalt der Bauern [2000] ECR I-3625, paragraph 39). Two essential criteria must be fulfilled before such a limitation can be imposed, namely that those concerned should have acted in good faith and that there should be a risk of serious difficulties (Case C-57/93 Vroege v NCIV [1994] ECR I-4541, paragraph 21). | 19 Thus, in the light of the amendment made to Article 17 by the 1978 Accession Convention, consensus on the part of the contracting parties as to a jurisdiction clause is presumed to exist where commercial practices in the relevant branch of international trade or commerce exist in this regard of which the parties are or ought to have been aware. | 0 |
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