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1,900 | 84. However, the mere fact that a company transfers its place of management to another Member State cannot set up a general presumption of tax evasion and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty (see, to that effect, ICI , paragraph 26; Case C‑478/98 Commission v Belgium [2000] ECR I-7587, paragraph 45; Case C‑436/00 X and Y [2002] ECR I‑10829, paragraph 62; Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 27; and Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 50). | 71. The objective of maintaining a balanced medical and hospital service open to all is inextricably linked to the way in which the social security system is financed and to the control of expenditure, which are dealt with below.
The risk of seriously undermining the financial balance of the social security system | 0 |
1,901 | 43
In this connection, it should be noted first of all that Article 291(2) TFEU is not the only provision of EU law that confers an implementing power on the Council. Other provisions of primary law may confer such a power on it directly (see, to that effect, judgments of 26 November 2014, Parliament and Commission v Council, C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 50, and of 7 September 2016, Germany v Parliament and Council, C‑113/14, EU:C:2016:635, paragraphs 55 and 56). In addition, acts of secondary legislation may establish implementing powers outside the regime laid down in Article 291 TFEU (see, to that effect, judgment of 22 January 2014, United Kingdom v Parliament and Council, C‑270/12, EU:C:2014:18, paragraphs 78 to 86 and 98). | 79. It should be noted in that regard that, while the treaties do not contain any provision to the effect that powers may be conferred on a Union body, office or agency, a number of provisions in the FEU Treaty none the less presuppose that such a possibility exists. | 1 |
1,902 | 72. According to the case-law of the Court, the freedom to pursue a trade or profession, like the right to property, is one of the general principles of Community law. Those principles are not absolute rights, however, but must be considered in relation to their social function. Consequently, restrictions may be imposed on the exercise of the freedom to pursue a trade or profession, as on the exercise of the right to property, provided that the restrictions in fact correspond to objectives of general interest and do not constitute, in relation to the aim pursued, a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (see, inter alia, Case 265/87 Schräder [1989] ECR 2237, paragraph 15; Case C-280/93 Germany v Council [1994] ECR I-4973, paragraph 78; Case C-293/97 Standley and Others [1999] ECR I‑2603, paragraph 54; Joined Cases C-37/02 and C-38/02 Di Lenardo and Dilexport [2004] ECR I-0000, paragraph 82, and Spain and Finland v Parliament and Council , paragraph 52). | 54. In the first place, as regards the relationship between the claimant in the main proceedings and his daughter, it is apparent from Article 2(2)(d) of Directive 2004/38 that a direct relative in the ascending line of the Union citizen concerned must be ‘dependent’ on that citizen in order to be regarded as a ‘family member’ within the meaning of that provision. | 0 |
1,903 | 34. It follows that questions concerning European Union law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36; and Case C‑509/10 Geistbeck [2012] ECR I‑0000, paragraph 48). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,904 | 63. It must be recalled in that connection that, according to the Court’s settled case-law, it is for the national courts and administrative bodies to apply European Union law in its entirety and to protect rights which the latter confers on individuals, disapplying, if necessary, any contrary provision of domestic law (see, to that effect, Costanzo , paragraph 33, and Case C‑208/05 ITC [2007] ECR I‑181, paragraphs 68 and 69 and the case-law cited). | 41. As the Commission essentially contends, if the objective of Regulation No 1260/2001 had been to base the calculation of production levies on the budgetary costs of refunds, it would have sufficed to calculate those levies from the total loss based on export and production refunds. | 0 |
1,905 | 37. It has also been held that the freedom to provide services includes the freedom for the recipients of services, including persons in need of medical treatment, to go to another Member State in order to receive those services there ( Watts , paragraph 87 and the case-law cited, and Commission v Spain , paragraphs 48 to 50 and the case-law cited). | 39. However, such discretion is not unlimited, since it is circumscribed by Article 5 of Regulation No 615/98. It is only in the light of the documents referred to in Article 5(2), the reports on the checks referred to in Article 4 of that regulation and/or all other elements at its disposal concerning compliance with Article 1 of the regulation that the competent authority may conclude that Directive 91/628 has not been complied with. | 0 |
1,906 | 35. It must be recalled, first, that under the system laid down by Article 226 EC, the Commission has a discretion to bring an action for failure to fulfil obligations and it is not for the Court to assess whether it was appropriate to exercise that discretion (Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 20) and that, second, a Member State cannot, in any event, plead the principle of reciprocity and rely on a possible infringement of the Treaty by another Member State in order to justify its own default (Case 325/82 Commission v Germany [1984] ECR I-777, paragraph 11, and Case C-131/01 Commission v Italy [2003] ECR I-1659, paragraph 46). | 50 Moreover, Regulation No 1922/92 leaves to those national authorities the task of deciding whether the proof supplied by traders is satisfactory. | 0 |
1,907 | 43. As regards the three-yearly length-of-service increments, the Court has held that such increments, the benefit of which was reserved under Spanish law (i) to the permanent regulated staff in the health service to the exclusion of temporary staff, (ii) to teachers employed as established civil servants of an Autonomous Community to the exclusion of teachers employed as interim civil servants and (iii) to the permanent university lecturers of an Autonomous Community, to the exclusion of the university lecturers on fixed-term contracts, are covered by the concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement (see, to that effect, judgments in Del Cerro Alonso , C‑307/05, EU:C:2007:509, paragraphs 47 and 48, and Gavieiro Gavieiro and Iglesias Torres , C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58, and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraphs 32 to 34, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,908 | 75. Likewise, the Court has held that the adoption of a decision authorising the Commission to negotiate a multilateral agreement on behalf of the Community marks the start of a concerted Community action at international level and requires for that purpose, if not a duty of abstention on the part of the Member States, at the very least a duty of close cooperation between the latter and the Community institutions in order to facilitate the achievement of the Community tasks and to ensure the coherence and consistency of the action and its international representation ( Commission v Luxembourg , paragraph 60, and Commission v Germany , paragraph 66). | 39. As stated in the eighth recital in its preamble, Directive 92/50 applies to ‘public service contracts’, which are defined in Article 1(a) thereof as ‘contracts for pecuniary interest concluded in writing between a service provider and a contracting authority’. It follows from that definition that a public service contract within the meaning of that directive involves consideration which is paid directly by the contracting authority to the service provider. | 0 |
1,909 | 16 According to a consistent line of cases, the aim of Article 95 of the Treaty is to ensure free movement of goods between the Member States in normal conditions of competition by the elimination of all forms of protection which result from the application of internal taxation which discriminates against products from other Member States. The Court has made it clear, as regards the free movement of goods within the Community, that products which are in free circulation are definitively and wholly assimilated to products originating in Member States. It follows that Article 95 covers all products from Member States, including products originating in non-member countries which are in free circulation in the Member States (see the judgment in Case 193/85 Co-Frutta v Amministrazione delle Finanze dello Stato [1987] ECR 2085, paragraphs 25, 26 and 29). | 89 Furthermore, limiting the possibilities open to the Commission to a reduction of the assistance in proportion exclusively to the amount to which the irregularities found to exist relate would have the effect of encouraging fraud on the part of applicants for aid, since they would then only risk loss of the benefit of the sums unduly paid. | 0 |
1,910 | 57. In order to answer that question, the Court would point out that it is clear from its case-law that the abolition, as between Member States, of obstacles to freedom of movement for persons and freedom to provide services would be compromised if the abolition of State barriers could be neutralised by obstacles resulting from the exercise, by associations or organisations not governed by public law, of their legal autonomy ( Walrave and Koch , paragraph 18; Bosman , paragraph 83; Deliège , paragraph 47; Angonese , paragraph 32; and Wouters and Others , paragraph 120). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,911 | 21. In particular, Article 5 of the directive confers on the trade mark proprietor exclusive rights which entitle him, inter alia, to prevent any third party from importing goods bearing the mark, offering the goods, or putting them on the market or stocking them for these purposes. Article 7(1) of the directive contains an exception to that rule, in that it provides that the trade mark proprietor’s rights are exhausted where the goods have been put on the market in the EEA by him or with his consent ( Zino Davidoff and Levi Strauss , paragraph 40; Case C-244/00 Van Doren + Q [2003] ECR I-3051, paragraph 33; and Case C-16/03 Peak Holding [2004] ECR I‑11313, paragraph 34). | 33. Article 5 of the Directive confers on the trade mark proprietor exclusive rights entitling him, inter alia , to prevent all third parties not having his consent from importing goods bearing the mark. Article 7(1) contains an exception to that rule in that it provides that the trade mark proprietor's rights are exhausted where goods have been put on the market in the EEA by the proprietor or with his consent (see Zino Davidoff and Levi Strauss , paragraph 40). | 1 |
1,912 | 28 It should be noted that, in paragraph 14 of Henke, cited above, the Court held that the reorganisation of structures of the public administration or the transfer of administrative functions between public administrative authorities does not constitute a transfer of an undertaking within the meaning of Directive 77/187. From this the Court inferred, in paragraphs 17 and 18 of that judgment, that the concept of a transfer of an undertaking, business or part of a business, within the meaning of Article 1(1) of that directive, does not apply to the transfer of administrative functions involving the exercise of public authority from a municipality to an administrative collectivity. | 31. Dans le cadre de cette vérification, les SOA sont tenues de transmettre les informations appropriées à l’Autorità, qui exerce le contrôle de la régularité des activités de certification, des sanctions pouvant être appliquées à l’égard de ces sociétés dans les cas de violation de leurs obligations prévues par la réglementation nationale en vigueur. | 0 |
1,913 | 23
‘In those circumstances, the Verwaltungsgericht Wien (Administrative Court of Vienna) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
‘(1)
Is national legislation, such as the provision at issue of Paragraph 41a(2) of the [BO], which does not allow an employee who has, at his own request, terminated the employment relationship with effect from a particular date an entitlement to an [allowance in lieu of paid annual leave not taken] within the meaning of Article 7 of Directive No 2003/88/EC compatible with Article 7 of Directive 2003/88/EC?
If not, is a provision of national law which lays down that every employee who, at his own request, terminates an employment contract must make every effort to use up any outstanding entitlement to annual leave by the end of the employment relationship and that, in the event of termination of the employment relationship at the request of the employee, an entitlement to an [allowance in lieu of paid annual leave not taken] arises only if, also in the event of request being made for annual leave beginning on the day of the application to terminate the employment relationship, the employee was unable to take a period of leave corresponding to the full extent of an entitlement to an allowance in lieu of leave compatible with Article 7 of Directive 2003/88/EC?
(2)
Is it to be assumed that there is only to be an entitlement to an [allowance in lieu of paid annual leave not taken] if the employee who was unable due to incapacity to work to use up his leave entitlement immediately before the termination of his employment relationship (a) without unnecessary delay (and therefore in principle before the date of termination of the employment relationship) made his employer aware of his incapacity to work (for example due to illness) and (b) without unnecessary delay (and therefore in principle before the date of termination of the employment relationship) provided proof (e.g. through a doctor’s sick note) of his incapacity to work (e.g. due to illness)?
If not, is a provision of national law which lays down that there is only to be an entitlement to an [allowance in lieu of paid annual leave not taken] if the employee who was unable due to incapacity to work to use up his leave entitlement immediately before the termination of his employment relationship (a) without unnecessary delay (and therefore in principle before the date of termination of the employment relationship) made his employer aware of his incapacity to work (e.g. due to illness) and (b) without unnecessary delay (and therefore in principle before the date of termination of the employment relationship) provided proof (e.g. through a doctor’s sick note) of his incapacity to work (e.g. due to illness) compatible with Article 7 of Directive 2003/88/EC?
(3)
According to the case-law of the Court of Justice of the European Union (see judgments of the Court of Justice of 18 March 2004 in Merino Gomez, C‑342/01, paragraph 31; 24 January 2012 in Dominguez, C‑282/10, paragraphs 47 to 50; 3 May 2012 in Neidei, C‑337/10, paragraph 37) the Member States are free to grant an employee a statutory entitlement to leave or to an allowance in lieu of leave above the minimum entitlement guaranteed by Article 7 of Directive 2003/88. In addition, the entitlements laid down by Article 7 of Directive No 2003/88 have direct effect (see judgments of the Court of Justice of 24 January 2012 in Dominguez, C‑282/10, paragraphs 34 to 36 and 12 June 2014 in Bollacke, C‑118/13, paragraph 28).
In the light of that interpretation given to Article 7 of Directive 2003/88/EC, does a situation in which the national legislature allows a certain class of persons an entitlement to an allowance in lieu of leave significantly above the requirements of that provision of the directive have the effect that, as a result of the direct effect of Article 7 of Directive 2003/88/EC, those persons who were, contrary to the terms of [that] directive, refused an entitlement to an allowance in lieu of leave by that national legislation are also entitled to an [allowance in lieu of paid annual leave not taken] to the extent significantly above the requirements of that provision of [that] directive, and which is allowed by the national legislation to the persons favoured by that provision?’ | 126. As regards the substantive examination of the first two grounds of appeal, it should be recalled that the EU judicature is empowered to exercise its unlimited jurisdiction where the question of the amount of the fine is before it (see, inter alia, Alliance One International v Commission , paragraph 105). | 0 |
1,914 | 40 In that regard the Court has held that an activity carried on by a private individual is not excluded from the scope of VAT merely because it consists in the performance of acts falling within the prerogatives of the public authority (Case 235/85 Commission v Netherlands, cited above, paragraph 21, and Ayuntamiento de Sevilla, cited above, paragraph 19). The Court held, in paragraph 20 of the latter judgment, that it follows that if a commune entrusts the activity of collecting taxes to an independent third party the exclusion from VAT provided for by Article 4(5) of the Sixth Directive is not applicable. Similarly, the Court held in paragraph 22 of the judgment in Case 235/85 Commission v Netherlands, cited above, that even assuming that in performing their official services notaries and bailiffs in the Netherlands exercise the powers of a public authority by virtue of their appointment to public office, they cannot enjoy the exemption provided for in Article 4(5) of the Sixth Directive because they pursue those activities, not in the form of a body governed by public law, since they are not part of the public administration, but in the form of an independent economic activity carried out in the exercise of a liberal profession. | 52 Furthermore, since such additional reimbursement, which is a function of the system of cover applying in the State of registration, does not in theory impose any additional financial burden on the sickness insurance scheme of that State by comparison with the reimbursement to be made if hospital treatment had been provided in that latter State, it cannot be argued that making that sickness insurance fund bear such additional reimbursement would be liable to have a significant effect on the financing of the social security system (Kohll, paragraph 42). | 0 |
1,915 | 55. Furthermore, it is for the national authorities to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in Article 30 EC and, in particular, that the marketing of the products in question poses a real risk to public health (see, to that effect, Commission v Denmark , paragraph 46, and Commission v France , paragraph 53). | 26 It must be inferred from the foregoing that, if that taxable person incurs expenditure in a Member State other than the Member State of establishment for the purposes both of his taxed transactions and his exempt transactions in the latter State, he has a right of partial refund in the first State. | 0 |
1,916 | 48 With regard to the first objection, it follows from the title of Regulation No 1408/71 and from Article 2 thereof that this regulation governs the application of social security schemes to members of the family of employed persons or self-employed persons moving within the Community, with the result that, if a member of the family of a worker resides in a Member State other than that in which the worker resides, the provisions of Regulation No 1408/71 are, in principle, applicable (see, along these lines, Case 115/77 Laumann [1978] ECR 805, paragraph 5, and Case C-194/96 Kulzer [1998] ECR I-895, paragraph 30). | 25. The Court has pointed out that, owing to its non-public and precise nature and its ability to influence significantly the prices of the financial instruments concerned, inside information grants the insider in possession of such information an advantage in relation to all the other actors on the market, who are unaware of it (see judgment in Spector Photo Group and Van Raemdonck , EU:C:2009:806, paragraph 52). | 0 |
1,917 | 47. In that connection, the reference framework need not necessarily be defined within the limits of the Member State concerned, so that a measure conferring an advantage in only one part of the national territory is not selective on that ground alone for the purposes of Article 87(1) EC ( Portugal v Commission , paragraph 57). | 77. It should be emphasised in that regard that it was not for the Council or the General Court to verify whether the investigations to which the appellants were subject were well founded, but only to verify whether that was the case as regards the decision to freeze funds in the light of the request for assistance. So far as concerns the findings of fact made by the General Court with regard to the existence of judicial proceedings concerning the four appellants, it must be borne in mind that the Court of Justice has consistently held that the General Court 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, secondly, to assess those facts. Save where the evidence adduced before the General Court has been distorted, the appraisal of the facts therefore does not constitute a point of law which is subject as such to review by the Court of Justice (see, in particular, judgments in Versalis v Commission , C‑511/11 P, EU:C:2013:386, paragraph 66, and Telefónica and Telefónica de España v Commission , C‑295/12 P, EU:C:2014:2062, paragraph 84). | 0 |
1,918 | 54. Whilst it is true that, as the Italian Government has pointed out, the Court has excluded from the scope of Directive 77/187 the ‘reorganisation of structures of the public administration’ and the ‘transfer of administrative functions between public administrative authorities’ and that that exclusion has subsequently been confirmed in Article 1(1) of that directive in the version resulting from Directive 98/50, and in Article 1(1) of Directive 2001/23, the fact remains, as the Court has already pointed out, and as the Advocate General points out in paragraphs 46 to 51 of his Opinion, the scope of those expressions is limited to cases where the transfer concerns activities which fall within the exercise of public powers ( Collino and Chiappero , paragraphs 31 and 32 and case-law cited). | 43 The answer to the fourth part of the first question must therefore be that any problems arising because the funds held by the trustees are insufficient to equalize benefits must be resolved on the basis of national law in the light of the principle of equal pay and that such problems cannot affect the answers to the previous questions.
Question 2(1) | 0 |
1,919 | 81. Whilst Regulation No 1356/96 organises the freedom to provide inland waterway transport services between the Member States of the Community to the benefit of carriers established in one of those Member States, it is clear that the system established by Regulation No 1356/96 does not have as its purpose or effect to prevent operators established in non-member countries or vessels registered in the latter from carrying out services between Member States of the Community (see Case C-266/03 Commission v Luxembourg , paragraph 73). | S’agissant de la première branche de ce deuxième moyen, relative à la période allant du 1er janvier 2001 aux 22 et 23 février 2001, il convient de rappeler qu’il résulte de la jurisprudence de la Cour que la notion de « pratique concertée », au sens l’article 81, paragraphe 1, CE, vise une forme de coordination entre entreprises qui, sans avoir été poussée jusqu’à la réalisation d’une convention proprement dite, substitue sciemment une coopération pratique entre elles aux risques de la concurrence (arrêt du 4 juin 2009, T-Mobile Netherlands e.a., C‑8/08, EU:C:2009:343, point 26). | 0 |
1,920 | 64. In paragraph 59 of Savas , the Court held that, unlike nationals of Member States, Turkish workers are not entitled to move freely within the Community but benefit only from certain rights in the host Member State whose territory they have lawfully entered and where they have been in legal employment for a specific period. | 66. Il ressort de l’article 1 er , sous a) et b), de ladite directive que celle-ci a notamment pour objectif de garantir le droit d’accès aux informations environnementales détenues par les autorités publiques ou pour leur compte, de fixer les conditions de base et les modalités pratiques de son exercice ainsi que de parvenir à une mise à disposition et à une diffusion systématiques aussi larges que possible desdites informations auprès du public. | 0 |
1,921 | 35
Next, it is common ground that the intended use of products may constitute an objective criterion for classification if it is inherent to those products, having regard to the objective characteristics and properties of those products (see judgment of 30 April 2014 in Nutricia, C‑267/13, EU:C:2014:277, paragraph 21 and the case-law cited). Nevertheless, the intended use of a product is a relevant criterion only where the classification can be made on the sole basis of the objective characteristics and properties of that product (see judgment of 16 December 2010 in Skoma-Lux, C‑339/09, EU:C:2010:781, paragraph 47 and the case-law cited). | 33 On 12 February 1993 the competent Member of the Commission declared to the Council:
The Commission confirms that the text before us reflects the Commission' s proposal as amended in the political agreement of December, as that political agreement has been transposed into legal provisions in the text which the Council will vote on. | 0 |
1,922 | 108. In that case, and without prejudice to any protection under specific rights such as trade mark rights, the protection of that name cannot be justified on the grounds of protection of industrial and commercial property within the meaning of Article 30 EC (see, to that effect, Exportur , paragraph 37, and Joined Cases C-321/94 to C-324/94 Pistre and Others [1997] ECR I-2343, paragraph 53). | Ainsi, lorsque la Commission se fonde sur des éléments de preuve qui sont, en principe, suffisants pour démontrer l’existence de l’infraction, il ne suffit pas que l’entreprise concernée évoque la possibilité qu’une circonstance s’est produite, qui pourrait affecter la valeur probante de ces éléments de preuve, pour que la Commission supporte la charge de prouver que cette circonstance n’a pas pu affecter la valeur probante de ceux-ci. Au contraire, sauf dans les cas où une telle preuve ne pourrait être fournie par l’entreprise concernée, en raison du comportement de la Commission elle-même, il appartient à l’entreprise concernée d’établir à suffisance de droit, d’une part, l’existence de la circonstance qu’elle invoque et, d’autre part, que cette circonstance met en cause la valeur probante des éléments de preuve sur lesquels se fonde la Commission (arrêt du 22 novembre 2012, E.ON Energie/Commission, C‑89/11 P, EU:C:2012:738, point 76). | 0 |
1,923 | 47. The first subparagraph of Article 1D of the Geneva Convention provides that the convention does not apply to persons who ‘are at present receiving’ protection or assistance ‘from organs or agencies of the United Nations other than the [HCR]’. That ground for exclusion from the scope of the convention must be construed narrowly (see, to that effect, Bolbol , paragraph 51). | 45. In this case, having regard to the level of the percentage used for the increase laid down by national legislation and the impossibility of adapting it to the specific circumstances of each case, it is possible that the procedure for establishing the amount of the penalty and, therefore, the part corresponding to that increase, may prove to be disproportionate (judgment in Rēdlihs , EU:C:2012:497, paragraph 52). | 0 |
1,924 | 19. It cannot therefore be concluded, having regard to the wording of the contested decision, which must, in principle, if it is to satisfy the obligation to state reasons, indicate the legal basis on which the decision is founded (see, to that effect, judgment in Commission v Council , C‑370/07, EU:C:2009:590, paragraphs 39 and 55), that the decision is based on Article 34 EU. | 40. That capability may be accessible directly by the user where the manufacturer has provided for easy activation of the DV-in function, that activation being explained in the instruction manual provided to the purchaser of the apparatus. If the procedure is not mentioned in the instruction manual, it is necessary, in order for the DV-in function to constitute the essential characteristic of the camcorder, that the modification can be effected easily by a user who lacks any special skills, without the camcorder being subjected to modification of its hardware. It is therefore necessary that, before activation of the DV‑in function, the camcorders have a structure containing the essential characteristics of that function and that the ways of enabling it to be active do not involve additional external hardware. | 0 |
1,925 | 22. As a preliminary point, it is important to note that it follows from the Court’s case-law (see, inter alia, Case 10/86, VAG France [1986] ECR 4071, paragraph 12; Case C-230/96 Cabour [1998] ECR I-2055, paragraphs 47, 48 and 51; and Case C-260/07 Pedro IV Servicios [2009] ECR I-2437, paragraph 68) that non-compliance with a condition necessary for the exemption cannot, in itself, give rise to damages pursuant to Article 101 TFEU or oblige a supplier to accept an applicant distributor into a distribution system. | 25. In circumstances such as those at issue in the main proceedings, where an infringement of EU law has been discovered after the occurrence of the prejudice, the limitation period begins to run from the time when the irregularity was committed, namely from the time when both the economic operator’s act or omission that infringed EU law and the prejudice caused to the budget of the European Union or budgets managed by it have occurred. | 0 |
1,926 | 53. When assessing the generic character of a name, the Court has held that it is necessary, under Article 3(1) of Regulation 2081/92, to take into account the places of production of the product concerned both inside and outside the Member State which obtained the registration of the name at issue, the consumption of that product and how it is perceived by consumers inside and outside that Member State, the existence of national legislation specifically relating to that product, and the way in which the name has been used in Community law (see Joined Cases C-465/02 and C-466/02 Germany and Denmark v Commission [2005] ECR I-9115, paragraphs 76 to 99). | 56 It is for the Member State concerned, unless it can show that action on its part would have consequences for public order with which it could not cope by using the means at its disposal, to adopt all appropriate measures to guarantee the full scope and effect of Community law so as to ensure its proper implementation in the interests of all economic operators. | 0 |
1,927 | 45. As the Advocate General observed at point 190 et seq. of his Opinion, that reasoning by the Court of First Instance is in accordance with the law. It is in keeping with a consistent line of decisions of the Court (see, in particular, Joined Cases 29/83 and 30/83 CRAM and Rheinzink v Commission [1984] ECR 1679, paragraph 20; Case C-49/92 P Commission v Anic Partecipazioni [1999] ECR I-4125, paragraph 123; and Joined Cases C‑238/99 P, C‑244/99 P, C 245/99 P, C‑247/99 P, C‑250/99 P to C-252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [1999] ECR I-8375, paragraph 508). Nippon Steel’s argument that the existence of a plausible alternative explanation for the conduct complained of, namely the absence of a commercial interest, should have led the Court of First Instance to impose stricter requirements as to the evidence to be adduced is contrary to that case-law. | 26. In this context of a single internal market and effective competition it is the concern of Community law to ensure the widest possible participation by tenderers in a call for tenders. | 0 |
1,928 | 30. With regard to the scope of that arbitration clause, it is established case-law that the Court may, in principle, hear and determine only claims arising from a contract which contains the arbitration clause or claims that are directly connected with the obligations arising from that contract (see Case 426/85 Commission v Zoubek [1986] ECR 4057, paragraph 11; Case C-114/94 IDE v Commission [1997] ECR I-803, paragraph 82; and Case C-337/96 Commission v Iraco [1998] ECR I-7943, paragraph 49). | 31. It follows that the applicability of the private investor test to a public intervention depends, not on the way in which the advantage was conferred, but on the classification of the intervention as a decision adopted by a shareholder of the undertaking in question. | 0 |
1,929 | 24. Second, it should be borne in mind that, according to the settled case‑law of the Court, Article 49 TFEU must be interpreted as not precluding, in principle, a Member State from adopting a system of prior authorisation for the establishment of new healthcare providers, such as pharmacies, where this proves indispensable for filling in possible gaps in access to public health services and for avoiding the duplication of structures, so as to ensure the provision of public health care which is adapted to the needs of the population, which covers the entire territory and which takes account of geographically isolated or otherwise disadvantaged regions (see, to that effect, Blanco Pérez and Chao Gómez , paragraphs 70 and 71 and the case-law cited). | 17 THIS COMPLEMENTARY NATURE OF ARTICLE 180 THUS CONFIRMS THE CONCLUSION THAT WHEN IN ARTICLE 179 MENTION IS MADE OF THE COMMUNITY THIS DOES NOT EXCLUDE THE BANK .
| 0 |
1,930 | 42. In the present case, it must be held that, by introducing, through an administrative practice that remained in force from November 1978 until 1999, a right to deduct in full input VAT relating to the provision of food and beverages by company canteens, the Danish administration precluded itself from subsequently limiting the right to deduct that tax. In this respect, it must be stressed that, in the context of the second subparagraph of Article 17(6) of the Sixth Directive, it is not only legislative acts in the strict sense that must be taken into account, but also administrative measures and practices of the public authorities of the Member State concerned ( Metropol and Stadler , paragraph 49). | 53 As regards the question whether the two grounds of appeal put forward by Somaco call into question findings of fact made by the Court of First Instance, it should be noted to begin with that the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (see inter alia Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 29, and Case C-188/96 P Commission v V [1997] ECR I-6561, paragraph 24). | 0 |
1,931 | 26. In that regard, it must be noted that, in the absence of European Union legislation, the procedural rules governing actions for safeguarding the rights that individuals derive from European Union law fall within the internal legal order of the Member States by virtue of the principle of procedural autonomy of those Member States. However, those rules must not be less favourable than those governing similar domestic actions (principle of equivalence) and may not be framed in such a way as to make it in practice impossible or excessively difficult to exercise the rights conferred by European Union law (principle of effectiveness) (see, to that effect, Asturcom Telecomunicaciones , paragraph 38, and Banco Español de Crédito , paragraph 46). | 51 Further, whilst the recognition and coordination directives seek to achieve a clear separation of the professions of dental practitioner and doctor, there is no indication that the harmonised regime established by those directives also aims at preventing doctors covered by Article 19 of the recognition directive from being registered as doctors, which would in effect remove their right to practise medicine. | 0 |
1,932 | 27
Although it is true that trainee specialists enjoy the right to remuneration (see, to that effect, judgment of 25 February 1999, Carbonari and Others, C‑131/97, EU:C:1999:98, paragraph 42), it does not appear that the condition at issue in the main proceedings affects the corresponding obligation to remunerate them which, moreover, is not, as is apparent from the case-law of the Court, unconditional as regards its level (judgment of 25 February 1999, Carbonari and Others, C‑131/97, EU:C:1999:98, paragraph 47) nor, therefore, the fulfilment of the requirements for training in specialised medicine. | 28
Under that provision, authors thus have a right which is preventive in nature and allows them to intervene, between possible users of their work and the communication to the public which such users might contemplate making, in order to prohibit such use (see, to that effect, judgments of 15 March 2012, SCF, C‑135/10, EU:C:2012:140, paragraph 75, and 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 30). | 0 |
1,933 | 39. In this regard it is sufficient to observe that according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C‑423/00 Commission v Belgium [2002] ECR I‑593, paragraph 14, and Case C‑433/03 Commission v Germany [2005] ECR I‑6985, paragraph 32). | 32. Suffice it in this regard to point out that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13, and Case C-310/03 Commission v Luxembourg [2004] ECR I-1969, paragraph 7). | 1 |
1,934 | 27. In other words, it is only in the case where the competent authority has all the particulars and documents relating to the reference medicinal product that Article 10(1) of Directive 2001/83 replaces the obligation on applicants for marketing authorisation to provide results of the tests and trials referred to in Article 8(3)(i) of that directive with the obligation to demonstrate that the medicinal product in question is so similar to that reference medicinal product, which already benefits from such an authorisation, that it does not differ significantly from that product as regards safety and efficacy (see, to that effect, Generics (UK) and Others , paragraphs 23 and 24). | 60. In addition to the anticipated benefit from a horizontal price-fixing agreement when sales are made to independent third parties, vertically integrated undertakings may also benefit from such an agreement on the downstream market in processed goods made up of, inter alia, the goods which are the subject of the infringement. This is so for two different reasons: either those undertakings pass on the price increases in the inputs as a result of the infringement in the price of the processed goods, or they do not pass those increases on, which thus effectively grants them a cost advantage in relation to their competitors which obtain those same inputs on the market for the goods which are the subject of the infringement. | 0 |
1,935 | 22
In the second place, according to settled case-law, in interpreting a provision of EU law, it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it forms part (see, to that effect, judgments in St. Nikolaus Brennerei und Likörfabrik, 337/82, EU:C:1984:69, paragraph 10; VEMW and Others, C‑17/03, EU:C:2005:362, paragraph 41; and Eschig, C‑199/08, EU:C:2009:538, paragraph 38). | 31 That is the case where, as in the main proceedings, the undertaking continues to trade while it is being wound up by the court. In such circumstances continuity of the business is assured when the undertaking is transferred. There is accordingly no justification for depriving the employees of the rights which the Directive guarantees them on the conditions it lays down. | 0 |
1,936 | 41 As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22, and Case C-226/91 Molenbroek [1992] ECR I-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek, cited above, paragraphs 13 and 19). | 76. The provisions of the Charter are therefore applicable to the facts of the dispute before the referring court. | 0 |
1,937 | 46. Further, it must be recalled that, on the one hand, the aim of Directive 2004/38 is to leave behind a sector‑by‑sector piecemeal approach to the right of freedom of movement and residence in order to facilitate the exercise of that right by providing a single legislative act which codifies and revises the instruments of European Union law which preceded that directive and that, on the other hand, that directive introduced a gradual system as regards the right of residence in the host Member State which, while reproducing, in essence, the stages and conditions set out in the various instruments of European Union law and case‑law preceding that directive, culminates in the right of permanent residence (see Ziolkowski and Szeja , paragraphs 37 and 38). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,938 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 25
Accordingly, there is no need to order that the oral part of the procedure be reopened. | 0 |
1,939 | 37
Furthermore, as the Court has already held, the principles of equal treatment and non-discrimination and the obligation of transparency preclude any negotiation between the contracting authority and a tenderer during a public procurement procedure, which means that, as a general rule, a tender cannot be amended after it has been submitted, whether at the request of the contracting authority or at the request of the tenderer concerned. It follows that, where the contracting authority regards a tender as imprecise or as failing to meet the technical requirements of the tender specifications, it cannot require the tenderer to provide clarification (judgment of 7 April 2016, Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraph 62 and the case-law cited). | 76. The framework required in that regard must be sufficiently clear and precise to enable the need for the checks and the checks actually authorised themselves to be checked. | 0 |
1,940 | 79. According to consistent case-law, the distinctive character of a trade mark within the meaning of Article 7(1)(b) of Regulation No 40/94 means that the mark in question makes it possible to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings (Joined Cases C‑473/01 P and C‑474/01 P Procter & Gamble v OHIM [2004] ECR I‑5173, paragraph 32, and Case C‑64/02 P OHIM v Erpo Möbelwerk [2004] ECR I‑10031, paragraph 42). That distinctive character must be assessed, first, by reference to the products or services in respect of which registration has been applied for and, second, by reference to the perception of the relevant public ( Procter & Gamble v OHIM , paragraph 33, and Case C‑24/05 P Storck v OHIM [2006] ECR I‑5677, paragraph 23). | 59. Il convient de rappeler que la Cour a déjà jugé qu’il serait incompatible avec la directive 91/676 de restreindre la définition des «eaux atteintes par la pollution», au sens de l’article 3, paragraphe 1, de celle-ci, et la désignation des zones vulnérables, en application de l’article 3, paragraphe 2, de cette directive, aux cas dans lesquels les sources agricoles contribuent de manière exclusive à la pollution (voir arrêt Commission/Espagne, C‑416/02, EU:C:2005:511, point 69). | 0 |
1,941 | 60. It should be recalled, in this respect, that the Court has held that the mere requirement, for treatment planned in another Member State, of prior authorisation to which responsibility for payment by the competent institution is made subject, in accordance with the rules governing cover in force in the Member State to which that institution belongs, constitutes, both for patients and service providers, an obstacle to the freedom to provide services, since such a system deters, or even prevents, those patients from approaching providers of medical services established in a Member State to obtain the treatment in question (see, to that effect, Kohll , paragraph 35; Smits and Peerbooms , paragraph 69; Müller-Fauré and van Riet , paragraphs 41, 44 and 103; Watts , paragraph 98; and Commission v France , paragraph 32). | 33
In that connection, it must be recalled that where, in regulating situations outside the scope of the EU measure concerned, national legislation seeks to adopt the same solutions as those adopted in that measure, it is clearly in the interest of the European Union that, in order to forestall future differences of interpretation, provisions taken from that measure should be interpreted uniformly (see, to that effect, judgments of 18 October 2012, Nolan, C‑583/10, EU:C:2012:638, paragraph 46, and of 7 November 2013, Romeo, C‑313/12, EU:C:2013:718, paragraph 22). | 0 |
1,942 | 35 In Case C-298/95 Commission v Germany [1996] ECR I-6747, paragraphs 22 and 26, the Court held that the Member States are obliged in that context not only to establish programmes for the reduction of pollution but also to establish specific programmes. The Court stressed that the objective of reducing pollution pursued by general purification programmes does not necessarily correspond to the more specific objective of the directive in issue. | 46. It should be pointed out, in that regard, that no other provision of the Framework Decision lays down any such obligation. | 0 |
1,943 | 90 As stated at paragraph 48 above, the Council has adopted, for most of the products referred to in Annex I to the Treaty, regulations on the common organisation of the market. Since those regulations establish an integrated regulatory framework that already contains measures of financial support for the sectors concerned, a Member State may not unilaterally award aid to those sectors, even if the aid is intended to facilitate the purchase of certain specific products for industrial processing and even though the quantity is subject to a ceiling. According to settled case-law, it is for the Community to seek solutions to the problems which might arise in the context of the common agricultural policy once, as in this case, it has established common organisations of the market in a number of sectors (see, inter alia, to that effect, Case 90/86 Zoni [1988] ECR 4285, paragraph 26, and Italy v Commission, cited above, paragraph 19). | 48. S’agissant plus spécialement de l’article 8 de la directive 2006/12, la Cour a eu l’occasion de préciser que ledit article prévoit, en particulier, des obligations qui doivent être remplies par les États membres pour se conformer aux principes de précaution et d’action préventive (arrêt du 5 octobre 1999, Lirussi et Bizzaro, C‑175/98 et C‑177/98, Rec. p. I‑6881, point 52). | 0 |
1,944 | 30. Freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (see, in particular, Case C-307/97 Saint Gobain ZN [1999] ECR I-6161, paragraph 35). | 29. Having regard to the above considerations, the answer to the first question and the second part of the second question is that, on a proper interpretation of Article 13B(b) of the Sixth Directive, the concept of the leasing or letting of immovable property includes the leasing of a houseboat, including the space and the landing stage contiguous therewith, which is fixed by attachments which are not easily removable to the bank and bed of a river, stays in a demarcated and identifiable location in the river water and is exclusively used, according to the terms of the leasing contract, for the permanent operation of a restaurant-discotheque at that location. That leasing constitutes a single exempt supply, without it being necessary to distinguish between the leasing of the houseboat and that of the landing stage.
The first part of the second question | 0 |
1,945 | 18. In that regard, there is in particular a single supply in cases where one or more elements are to be regarded as constituting the principal service, whilst one or more elements are to be regarded, by contrast, as ancillary services which share the tax treatment of the principal service. A service must be regarded as ancillary to a principal service if it does not constitute for customers an aim in itself, but a means of better enjoying the principal service supplied (see Joined Cases C‑308/96 and C-94/97 Madgett and Baldwin [1998] ECR I-6229, paragraph 24, and CPP , paragraph 30). | 137 It follows from the foregoing that Article 48 of the Treaty precludes the application of rules laid down by sporting associations under which, in matches in competitions which they organize, football clubs may field only a limited number of professional players who are nationals of other Member States.
Interpretation of Articles 85 and 86 of the Treaty | 0 |
1,946 | 147
Second, the Member States are also entitled to rely on the general principle that penal provisions may not have retroactive effect, in order to call into question the legality of the fines imposed upon them if they fail to comply with EU law (see, to that effect, judgment of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 51). | 54. It is, however, common ground in the present case, according to the case-law of the Corte suprema di cassazione, that the Italian legislature is pursuing a policy of expanding activity in the betting and gaming sector, with the aim of increasing tax revenue, and that no justification for the Italian legislation is to be found in the objectives of limiting the propensity of consumers to gamble or of curtailing the availability of gambling. | 0 |
1,947 | À cet égard, il importe de rappeler que, selon une jurisprudence constante, les différences conceptuelles entre deux signes en conflit peuvent neutraliser leurs similitudes visuelles et phonétiques, pour autant qu’au moins l’un de ces signes a, pour le public pertinent, une signification claire et déterminée, de telle sorte que ce public est susceptible de la saisir directement (voir, notamment, arrêts du 12 janvier 2006, Ruiz-Picasso e.a./OHMI, C‑361/04 P, EU:C:2006:25, point 20, ainsi que du 23 mars 2006, Mülhens/OHMI, C‑206/04 P, EU:C:2006:194, point 35). | 78. It is for the national court to assess whether there has been a transfer of all, or a significant share, of the risk faced by the contracting authority. | 0 |
1,948 | 18 Article 12(1) of the Directive lays down an exhaustive list of taxes and duties other than capital duty which, in derogation from Articles 10 and 11, may be imposed on capital companies in connection with the transactions referred to in those latter provisions (see, to that effect, Case 36/86 Ministeriet for Skatter og Afgifter v Dansk Sparinvest [1988] ECR 409, paragraph 9). Article 12(1)(e) of the Directive covers `duties paid by way of fees or dues'.
Questions 1 to 5 | 45. Un tel argument ne saurait toutefois prospérer. Il convient, en effet, de rappeler que l’intérêt à agir d’un requérant suppose que le recours soit susceptible, par son résultat, de procurer un bénéfice à la partie qui l’a intenté (voir, en ce sens, arrêt du 24 juin 1986, AKZO Chemie et AKZO Chemie UK/Commission, 53/85, Rec. p. 1965, point 21; voir arrêt du 7 juin 2007, Wunenburger/Commission, C‑362/05 P, Rec. p. I-4333, point 42). | 0 |
1,949 | 58. According to the Court ' s case-law, in order to establish whether a provision of Community law complies with the principle of proportionality, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it (see, inter alia, Case C-426/95 Germany v Council [1995] ECR I-3723, paragraph 42, and Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 122). | 37. It follows that a Member State may not impose criminal sanctions for breach of an entry ban falling within the scope of Directive 2008/115 if the continuation of the effects of that ban does not comply with Article 11(2) of that directive. | 0 |
1,950 | 51. According to settled case-law, the need for a uniform interpretation of European Union directives makes it impossible for the text of a provision to be considered, in case of doubt, in isolation; on the contrary, it requires that it be interpreted and applied in the light of the versions existing in the other official languages (see, to that effect, Case C‑296/95 EMU Tabac and Others [1998] ECR I‑1605, paragraph 36; Case C‑321/96 Mecklenburg [1998] ECR I-3809, paragraph 29; Case C‑375/07 Heuschen & Schrouff Oriental Foods Trading [2008] ECR I‑8691, paragraph 46; and Case C‑199/08 Eschig [2009] ECR I‑0000, paragraph 54). In addition, where there is divergence between the various language versions of a European Union text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (see Case C‑437/97 EKW and Wein & Co. [2000] ECR I‑1157, paragraph 42; Case C‑457/05 Schutzverband der Spirituosen-Industrie [2007] ECR I‑8075, paragraph 18; and Case C‑239/07 Sabatauskas and Others [2008] ECR I‑7523, paragraph 39). | 20. Articles 7 and 8 of Regulation No 1612/68 are contained in Part I, dealing with "Employment and Workers' Families" , of Title II, entitled "Employment and equality of treatment" . | 0 |
1,951 | 49. It is clear that such an assessment of the risk could reveal that scientific uncertainty persists as regards the existence or extent of real risks to human health. In such circumstances, it must be accepted that a Member State may, in accordance with the precautionary principle, take protective measures without having to wait until the reality and seriousness of those risks are fully demonstrated (see, to that effect, Case C-157/96 National Farmers ' Union and Others [1998] ECR I-2211, paragraph 63). However, the risk assessment cannot be based on purely hypothetical considerations (see, to that effect, EFTA Surveillance Authority v Norway , paragraph 29, and Case C-236/01 Monsanto Agricoltura Italia and Others [2003] ECR I-8105, paragraph 106). | 37. It follows that the restrictions imposed by national legislation such as that at issue in the main proceedings are permissible in relation to OCTs under Article 64(1) TFEU. | 0 |
1,952 | 67. It is settled case-law that the General Court is the sole judge of any need to supplement the information available to it in respect of the cases before it. Whether or not the evidence before it is sufficient is a matter to be appraised by it alone and is not subject to review by the Court of Justice on appeal, except where that evidence has been distorted or the substantive inaccuracy of the findings of the General Court is apparent from the documents in the case (Case C‑385/07 P Der Grüne Punkt — Duales System Deutschland v Commission , EU:C:2009:456, paragraph 163 and the case-law cited). | 44. En outre, la Cour a déjà jugé que l’intérêt de renforcer la structure concurrentielle du marché en cause en général ne saurait constituer une justification valable de restrictions à la libre circulation des capitaux (voir arrêt Commission/Italie, précité, point 37). | 0 |
1,953 | 14. That objection must be dismissed. It is clear from the actual wording of the order for reference that the national court is seeking an interpretation by the Court of Article 9 of the directive. Provided that the questions submitted concern the interpretation of a provision of Community law, the Court gives its preliminary ruling without, in principle, having to look into the circumstances in which the national courts were prompted to submit the questions and envisage applying the provision of Community law which they have asked the Court to interpret (see the judgment in Joined Cases C-297/88 and C-197/89 Dzodzi v Belgium [1990] ECR I-3763, paragraphs 35 and 39). | 41 It was as long ago as 8 May 1985 that the Commission first sent a formal letter to the French Republic calling on it to adopt the preventive and penal measures necessary to put an end to acts of that kind. | 0 |
1,954 | 117. As regards court proceedings, in the event that the person concerned challenges the lawfulness of the decision to list or maintain the listing of his name in Annex I to Regulation No 881/2002, the review by the Courts of the European Union must extend to whether rules as to procedure and rules as to competence, including whether or not the legal basis is adequate, are observed (see, to that effect, the Kadi judgment, paragraphs 121 to 236; see also, by analogy, the judgment of 13 March 2012 in Case C‑376/10 P Tay Za v Council [2012] ECR I‑0000, paragraphs 46 to 72). | 48 Following the accession of the United Kingdom to the Communities, the Act constitutes the legislation by means of which the United Kingdom discharges its obligations under Article 119 of the Treaty and, subsequently, under the Directive. The Act cannot therefore provide an appropriate ground of comparison against which to measure compliance with the principle of equivalence. | 0 |
1,955 | 39. Secondly, Article 19(3) of the tax law is based on a general presumption of tax evasion, as that provision contains measures which are applied automatically and without distinction. For the reasons set out in paragraphs 29 and 30 of this judgment and in keeping with the Court’s settled case-law referred to in those paragraphs, that provision may not be justified by the objective of combating tax avoidance and evasion. More specifically, exercise of a right created by Community law, such as establishment of a company in another Member State or transfer of its effective centre of management or registered office, cannot in itself warrant suspicion of abuse ( Commission v Greece , paragraph 32). | 21 It must be emphasized that the invalidity of the regulation which suspended the advance fixing implies that Cargill BV is entitled to be placed in the same situation as that which would have obtained if the advance fixing had not been suspended . As regards Commission Regulation No 735/85 which, according to the parties, contains a material error, it must be deemed to be valid until such time as it is declared invalid . The question of the validity of the latter regulation has not been raised in these proceedings . | 0 |
1,956 | 18 According to the case-law of the Court (see the judgment in Case 293/85 Commission v Belgium [1988] ECR 305, paragraph 14), in determining whether the period allowed in the reasoned opinion is reasonable, account must be taken of all the circumstances of the case. | 68. Si l’autorité compétente de l’Union est dans l’impossibilité d’accéder à la demande du juge de l’Union, il appartient alors à ce dernier de se fonder sur les seuls éléments qui lui ont été communiqués, à savoir, en l’occurrence, la motivation de l’acte attaqué, les observations et les éléments à décharge éventuellement produits par la personne concernée ainsi que la réponse de l’autorité compétente de l’Union à ces observations. Si ces éléments ne permettent pas de constater le bien-fondé d’un motif, le juge de l’Union écarte ce dernier en tant que support de la décision d’inscription ou de maintien de l’inscription en cause (voir arrêt Kadi II, point 123). | 0 |
1,957 | 58. In any event the concepts of " working time" and " rest period" within the meaning of Directive 93/104 may not be interpreted in accordance with the requirements of the various legislations of the Member States but constitute concepts of Community law which must be defined in accordance with objective characteristics by reference to the scheme and purpose of that directive, as the Court did at paragraphs 48 to 50 of the judgment in Simap . Only such an autonomous interpretation is capable of securing for that directive full efficacy and uniform application of those concepts in all the Member States. | 30. It follows that, first, the provisions of Article 6(2) of Decision No 1/80 are in no case applicable in the context of Article 7. It is solely for the purpose of calculating the periods of employment necessary to acquire the rights provided for in Article 6(1) that Article 6(2) sets out the effects, for the purposes of that calculation, of the various causes of interruption of employment (see Dogan , paragraph 15). | 0 |
1,958 | 120. As regards the objection by Ireland and the United Kingdom Government based on Article 137(5) EC, as interpreted by the judgment in Case C‑14/04 Dellas and Others [2005] ECR I‑10253, paragraphs 38 and 39, it must be borne in mind that Directive 1999/70 was adopted on the basis of Article 139(2) EC, which refers to Article 137 EC for the list of matters within the competence of the Council for the purposes, inter alia, of implementing agreements concluded between social partners at Community level. | 40. Since a tax such as the HIPA is therefore calculated on the basis of periodic turnover, it is not possible to determine the precise amount of that charge which may be being passed on to the client when each sale is effected or each service supplied, such that the condition that this amount should be proportional to the price charged by the taxable person is not satisfied (see, to that effect, Pelzl and Others , paragraph 25). | 0 |
1,959 | 8. Il convient de rappeler à cet égard que la Cour a jugé que la transposition d’une directive n’exige pas nécessairement une reprise formelle et textuelle des dispositions de celle-ci dans une disposition légale expresse et spécifique et qu’elle peut se satisfaire d’un contexte juridique général, dès lors que celui-ci assure effectivement la pleine application de la directive d’une façon suffisamment claire et précise (voir, notamment, arrêts du 23 mai 1985, Commission/Allemagne, 29/84, Rec. p. 1661, point 23; du 9 septembre 1999, Commission/Allemagne, C‑217/97, Rec. p. I‑5087, point 31, et du 26 juin 2003, Commission/France, C‑233/00, Rec. p. I‑6625, point 76). | 14 It is true that in its judgment of 17 March 1983 in Case 175/82, cited above, the Court took the view that a criterion as subjective as taste may not be used to assess the seasoning of meat and that Heading 16.02 of the Common Customs Tariff must be interpreted as meaning that it also includes poultry meat to which salt and pepper have been added even if the pepper can be detected only microscopically . | 0 |
1,960 | 187. Although it follows from paragraphs 176 and 179 of the present judgment that the Court of First Instance erred in law, it is settled case-law that, if the grounds of a judgment of the Court of First Instance disclose an infringement of Community law but its operative part is shown to be well founded on other legal grounds, the appeal must be dismissed (see, in particular, Case C-320/92 P Finsider v Commission [1994] ECR I‑5697, paragraph 37; Case C-150/98 P ESC v E [1999] ECR I‑8877, paragraph 17; and Case C-210/98 P Salzgitter v Commission [2000] ECR I‑5843, paragraph 58). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
1,961 | 42. Moreover, it would also appear from the documents before the Court that, in accordance with Article 14 TFEU, Article 1 of Protocol (No 26) on services of general interest annexed to the FEU Treaty, and the Court’s established case-law, licensed chimney sweeps in the Land of Corinthia are required to perform, in accordance with that public service obligation, fire safety regulation tasks for the benefit of all users in the area allocated to them, in such a way as to ensure equality of access to services, charging uniform tariff rates, the maximum amount of which is set by order of the governor of that Land (see, by analogy, judgments in Fallimento Traghetti del Mediterraneo , C‑140/09, EU:C:2010:335, paragraph 38, and Femarbel , C‑57/12, EU:C:2013:517, paragraph 47), and ensuring similar quality conditions, irrespective of the specific situations or the degree of economic profitability of each individual operation (see, to that effect, judgment in Corbeau , C‑320/91, EU:C:1993:198, paragraph 15). | 36. Although Article 145 of the Implementing Regulation aims to improve legal certainty in that it expressly includes the taking into consideration of the adjustment of the price of goods where they are defective at the time of their importation, its application, as in the main proceedings, would none the less result in undermining the legitimate expectations of German economic operators to the extent that, as the Advocate General stated in point 50 of his Opinion, the German customs authorities applied the general deadline of three years prescribed by Article 236(2) of the Customs Code to adjustments, after importation, of the transaction value of goods on account of their defective nature, for the purposes of determining their customs value. | 0 |
1,962 | 28. As regards that last criterion specifically, the cumulative effect of making the works available to potential recipients should be taken into account. It is in particular relevant in that respect to ascertain the number of persons who have access to the same work at the same time and successively (Case C‑306/05 SGAE [2006] ECR I‑11519, paragraph 39, and ITV Broadcasting and Others , paragraph 33). | 43. À cette fin, les juridictions nationales peuvent décider de suspendre l’exécution de la mesure en cause et d’enjoindre la récupération des montants déjà versés. Elles peuvent aussi décider d’ordonner des mesures provisoires afin de sauvegarder, d’une part, les intérêts des parties concernées et, d’autre part, l’effet utile de la décision de la Commission d’ouvrir la procédure formelle d’examen. | 0 |
1,963 | 64. However, although Article 26(1) of Directive 93/36 leaves it to the contracting authority to choose the criteria on which it intends to base its award of the contract, that choice may relate only to criteria aimed at identifying the offer which is the most economically advantageous (see to this effect Beentjes , paragraph 19, SIAC Construction , paragraph 36, and Concordia Bus Finland , paragraph 59). | 36 Although that provision thus leaves it to the adjudicating authorities to choose the criteria on which they propose to base their award of the contract, that choice may relate only to criteria aimed at identifying the offer which is economically the most advantageous (Case 31/87 Beentjes [1988] ECR 4635, paragraph 19). | 1 |
1,964 | 32 With regard to a bilateral international treaty concluded between a Member State and a non-member country for the avoidance of double taxation, the Court has pointed out that, although direct taxation is a matter falling within the competence of the Member States alone, the latter may not disregard Community rules but must exercise their powers in a manner consistent with Community law. The Court accordingly ruled that the national treatment principle requires the Member State that is party to such a treaty to grant to permanent establishments of companies resident in another Member State the advantages provided for by the agreement on the same conditions as those which apply to companies resident in the Member State that is party to the treaty (see, in this connection, Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraphs 57 to 59). | 56. À titre liminaire, il y a lieu de rappeler que l’Union est une Union de droit dans laquelle ses institutions sont soumises au contrôle de la conformité de leurs actes, notamment, avec les traités, les principes généraux du droit ainsi que les droits fondamentaux (arrêt Inuit Tapiriit Kanatami e.a./Parlement et Conseil, précité, point 91). | 0 |
1,965 | 84. Furthermore, the Court has ruled that the status of Member State of residence of the company receiving dividends cannot entail the obligation for that Member State to offset a fiscal disadvantage arising where a series of charges to tax is imposed entirely by the Member State in which the company distributing those dividends is established, in so far as the dividends received are neither taxed nor taken into account in a different way by the first Member State as regards investment enterprises established in that State (judgment in Orange European Smallcap Fund , C‑194/06, EU:C:2008:289, paragraph 41). | 76. However, the need to alter the packaging or the labelling of imported products prevents such requirements from being selling arrangements within the meaning of the judgment in Keck and Mithouard (Case C-33/97 Colim [1999] ECR I-3175, paragraph 37). | 0 |
1,966 | 58. Ainsi, une réglementation d’un État membre qui fait dépendre l’application d’un abattement sur la base imposable de la succession ou de la donation du lieu de résidence du défunt et du bénéficiaire au moment du décès ou du lieu de résidence du donataire et du donateur au moment de la donation, ou encore du lieu de situation du bien immobilier objet de la succession ou de la donation, lorsqu’elle aboutit à ce que les successions ou les donations impliquant des non-résidents ou des biens immobiliers situés dans un autre État membre soient soumises à une charge fiscale plus lourde que celles n’impliquant que des résidents ou des biens sis dans l’État membre d’imposition constitue une restriction à la libre circulation des capitaux (voir en ce sens, en matière de donation, arrêt Mattner, EU:C:2010:216, point 28, et, en matière de succession, arrêt Welte, EU:C:2013:662, point 25). | 65. As for the third condition, it is for the national courts to determine whether there is a direct causal link between the breach of the obligation borne by the State and the damage sustained by the injured parties. | 0 |
1,967 | 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. | 32. As an exception to the rule referred to in paragraph 30 above, Article 221(4) of the Customs Code provides that the customs authorities may, under the conditions set out in the provisions in force, make such communication after the expiry of that period where the fact that those authorities have been unable to determine the exact amount of duty legally due is attributable to an act which could give rise to criminal court proceedings ( Snauwaert and Others , paragraph 29). | 0 |
1,968 | 81. The need to be able to treat those various categories of biomass differently and, in particular, in the light of various environmental considerations, to make choices as to the types of substances to benefit from support and to draw distinctions as regards the specific details of that support, including the amount of the support, must on the contrary be regarded as inherent in that context, without it being possible to consider, in the present state of European Union law, that by taking the view that those various categories of biomass are not in the same situation the Member States manifestly exceeded the limits of their broad discretion in the matter (see, by analogy, Luxembourg v Parliament and Council , paragraphs 50 and 51). | 34. Consequently, for the purposes of the appraisal to be made in relation to the conditions for admission on the basis of Directive 2004/114, there is nothing to prevent Member States, in accordance with recital 15 to that directive, from requiring all the evidence necessary to assess the coherence of the application for admission, in order to fight against abuse and misuse of the procedure set out in that directive. | 0 |
1,969 | 47. In any event, contrary to the submissions of the Greek Government, the creation of a category of transactions falling within the scope of VAT, not provided for in Articles 2 and 10 of the Directive, cannot be regarded as a derogation that is strictly necessary for preventing the risk of tax evasion or avoidance, and therefore cannot lawfully be adopted or retained on the basis of Article 27(5) of the Directive (see, to that effect, concerning too general amendments to the basis for charging VAT, Commission v Belgium , paragraph 31, Case C‑131/91 ‘K’ Line Air Service Europe [1992] ECR I‑4513, paragraphs 24 and 25, and Skripalle , paragraphs 26 and 31). | 33
Second, it is on the territory of that Member State that the alleged damage occurs. Indeed, in the event of infringement, by means of a website, of the conditions of a selective distribution network, the damage which the distributor may claim is the reduction in the volume of its sales resulting from the sales made in breach of the conditions of the network and the ensuing loss of profits. | 0 |
1,970 | 24
Since Article 6(2) of Directive 2000/78 allows Member States to provide for an exception to the principle of non-discrimination on grounds of age, that provision must be interpreted restrictively (judgment of 26 September 2013 in HK Danmark, C‑476/11, EU:C:2013:590, paragraph 46 and the case-law cited). | 30 In those circumstances, the application must be considered to be unfounded in so far as the Commission charges the Italian Republic with failing to require IRI to repay the aid to the Italian State.
Failure to notify the measures implementing the decision | 0 |
1,971 | 53 In that respect it follows from the judgments in Case 174/83 Amman v Council [1986] ECR 2647, paras 19 and 20, in Case 175/83 Culmsee v ESC [1986] ECR 2667, paras 19 and 20, in Case 176/83 Allo v Commission [1986] ECR 2687, paras 19 and 20, in Case 233/83 Agostini v Commission [1986] ECR 2709, paras 19 and 20, in Case 247/83 Ambrosetti v Commission [1986] ECR 2729, paras 12 and 20 and in Case 264/83 Delhez v Commission [1986] ECR 2749, paras 20 and 21 that an obligation to pay default interest can arise only where the amount of the principal sum owed is certain or can at least be ascertained on the basis of established objective factors. The same judgments stated that the powers conferred on the Council by Article 65 of the Staff Regulations for adjusting the remuneration and pensions of officials and other servants and for fixing the weightings applicable to such remuneration and pensions involve the exercise of a discretion. No certainty exists as to the amount by which the remuneration and pensions will be adjusted or the manner in which the weightings will be fixed until the Council has exercised those powers and adopted the regulation. | 29 Moreover, as the Advocate General noted at points 66 to 68 of his Opinion, the limits set by the Community legislature to the scope of the Directive are the result of a complex balancing of different interests. As is apparent from the first and ninth recitals in the preamble to the Directive, those interests include guaranteeing that competition will not be distorted, facilitating trade within the common market, consumer protection and ensuring the sound administration of justice. | 0 |
1,972 | 17
In that regard, it must be borne in mind that, in the context of the cooperation between the Court and the national courts provided for in Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the question put by national court concerns the interpretation of a provision of EU law, the Court is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of 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 judgments in PreussenElektra, C‑379/98, EU:C:2001:160, paragraphs 38 and 39, and Melki and Abdeli, C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 27). | 52. Secondly, that injunction could potentially undermine freedom of information since that system might not distinguish adequately between unlawful content and lawful content, with the result that its introduction could lead to the blocking of lawful communications. Indeed, it is not contested that the reply to the question whether a transmission is lawful also depends on the application of statutory exceptions to copyright which vary from one Member State to another. Moreover, in some Member States certain works fall within the public domain or can be posted online free of charge by the authors concerned. | 0 |
1,973 | 25 It should be recalled at the outset that the Commission may avail itself of the procedure under Article 169 of the Treaty when it seeks a finding by the Court that a Member State is in breach of Article 93(3) of the Treaty, which obliges Member States to inform the Commission of any plans to grant or alter aid within the meaning of Article 92 of the Treaty (judgment in Case C-35/88 Commission v Greece, previously cited, paragraph 34). The defendant is accordingly not justified in contending that such a claim of failure to fulfil obligations on the basis of Article 169 of the Treaty is inadmissible. | 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 |
1,974 | 46. Admittedly, in exceptional circumstances, the Court must examine the circumstances in which the case was referred to it by the national court, in order to determine whether it has jurisdiction. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia , Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39 and Grundig Italiana , cited above, paragraph 31). | 82. The existence of a restriction on the freedom to provide services having been established, it needs to be examined whether it can be objectively justified. | 0 |
1,975 | 84. It must be recalled, in that respect, that, in accordance with settled case-law, although the Member States are free to determine the connecting factors for the allocation of fiscal jurisdiction in bilateral conventions for the avoidance of double taxation, that allocation of fiscal jurisdiction does not allow them to apply measures contrary to the freedoms of movement guaranteed by the Treaty. As far as concerns the exercise of the power of taxation so allocated by bilateral conventions to prevent double taxation, the Member States must comply with EU rules (see, to that effect, Case C‑385/00 de Groot [2002] ECR I‑11819, paragraphs 93 and 94; Case C‑265/04 Bouanich [2006] ECR I‑923, paragraphs 49 and 50; and Case C‑303/12 Imfeld and Garcet [2013] ECR, paragraphs 41 and 42). | 45. Review of the case‑law of the European Court of Human Rights shows that, on several occasions, that court has stated that the right of access to a court constitutes an element which is inherent in the right to a fair trial under Article 6(1) of the ECHR (see, inter alia, Eur. Court H.R., judgment in McVicar v. the United Kingdom of 7 May 2002, ECHR 2002‑III, § 46). It is important in this regard for a litigant not to be denied the opportunity to present his case effectively before the court (Eur. Court H.R., judgment in Steel and Morris v. the United Kingdom of 15 February 2005, ECHR 2005-II, § 59). The right of access to a court is not, however, absolute. | 0 |
1,976 | 39. It should be borne in mind, as a preliminary point, that the Court has held that the pensions provided under a scheme having features such as those of the French pension scheme for civil servants at issue in the main proceedings come within the concept of pay within the meaning of Article 141 EC (see to that effect, Griesmar , EU:C:2001:648, paragraphs 26 to 38, and Mouflin , C‑206/00, EU:C:2001:695, paragraphs 22 and 23). | 31. On the other hand, the fact that the concession-granting public authority holds, alone or together with other public authorities, all of the share capital in a concessionaire, tends to indicate – generally, but not conclusively – that that contracting authority exercises over that company a control similar to that which it exercises over its own departments ( Carbotermo and Consorzio Alisei , paragraph 37, and Case C-295/05 Asemfo [2007] ECR I-2999, paragraph 57). | 0 |
1,977 | 63 However, in arriving at that conclusion, the Court, while accepting that the facts of Barber concerned a contracted-out occupational scheme, pointed out that, in ruling that pensions paid under such a scheme fell within the scope of Article 119, it had applied the same criteria as those to which it had referred in its earlier case-law to distinguish statutory social security schemes from occupational pension schemes (paragraphs 12 and 13). | 13 However, it must be pointed out that in ruling that pensions paid under this type of scheme fall within the scope of Article 119, the Court applied the same criteria as those to which it had referred in its earlier case-law to distinguish statutory social security schemes from occupational pension schemes. | 1 |
1,978 | 49
According to settled case-law, the appropriate assessment of the implications for the site that must be carried out pursuant to Article 6(3) implies that all the aspects of the plan or project which can, either individually or in combination with other plans or projects, affect those objectives must be identified in the light of the best scientific knowledge in the field (see, to that effect, judgments in Commission v France, C‑241/08, EU:C:2010:114, paragraph 69; Commission v Spain, C‑404/09, EU:C:2011:768, paragraph 99, and Nomarchiaki Aftodioikisi Aitoloakarnanias and Others, C‑43/10, EU:C:2012:560, paragraphs 112 and 113). | 13 In reply to the first question put by the national court, it should therefore be stated that Directive 71/305/EEC applies to public works contracts awarded by a body such as the local land consolidation committee .
The second question | 0 |
1,979 | 69. By reinforcing public control of the use of the money from the EAGF and the EAFRD, the publication required by the provisions whose validity is contested contributes to the appropriate use of public funds by the administration (see, to that effect, Österreichischer Rundfunk and Others , paragraph 81). | 28AS COMMUNITY LAW NOW STANDS THE PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS , ON THE OTHER HAND , SERVES TO DETERMINE NOT ONLY THAT THE EXPENDITURE WAS ACTUALLY AND PROPERLY INCURRED BUT ALSO THAT THE FINANCIAL BURDEN OF THE COMMON AGRICULTURAL POLICY IS CORRECTLY APPORTIONED BETWEEN THE MEMBER STATES AND THE COMMUNITY AND IN THIS RESPECT THE COMMISSION HAS NO DISCRETIONARY POWER TO DEROGATE FROM THE RULES REGULATING THE ALLOCATION OF EXPENSES .
| 0 |
1,980 | 30. It is settled case-law that, in interpreting a provision of Community law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C‑294/01 Granarolo [2003] ECR I-13429, paragraph 34, and Case C-306/05 SGAE [2006] ECR I-0000, paragraph 34). | 42. As it is an essential way of making family life possible, the family reunification enjoyed by Turkish workers who belong to the labour force of the Member States contributes both to improving the quality of their stay and to their integration in those Member States and, therefore, promotes social cohesion in the society concerned. | 0 |
1,981 | 75
The above situations have the common feature that, although they are governed by legislation which falls, a priori, within the competence of the Member States, namely legislation on the right of entry and residence of third-country nationals outside the scope of provisions of secondary legislation which provide for the grant of such a right under certain conditions, they nonetheless have an intrinsic connection with the freedom of movement and residence of a Union citizen, which prevents the right of entry and residence being refused to those nationals in the Member State of residence of that citizen, in order not to interfere with that freedom (see, to this effect, judgments of 8 November 2012, Iida, C‑40/11, EU:C:2012:691, paragraph 72, and of 8 May 2013, Ymeraga and Others, C‑87/12, EU:C:2013:291, paragraph 37). | 49. It is also apparent from the Court’s case‑law that an entity which, owning controlling shareholdings in a company, actually exercises that control by involving itself directly or indirec tly in the management thereof must be regarded as taking part in the economic activity carried on by the controlled undertaking (Case C‑222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I‑289, paragraphs 112 and 118). | 0 |
1,982 | À titre liminaire, il y a lieu de rappeler que, ainsi que la Cour l’a jugé, il convient de reconnaître un large pouvoir d’appréciation
au législateur de l’Union dans des domaines qui impliquent de la part de ce dernier des choix de nature politique, économique
et sociale, et dans lesquels il est appelé à effectuer des appréciations complexes. Elle en a déduit que seul le caractère
manifestement inapproprié d’une mesure adoptée dans ces domaines, par rapport à l’objectif que l’institution compétente entend
poursuivre, peut affecter la légalité d’une telle mesure (arrêts du 1er février 2007, Sison/Conseil, C‑266/05 P, EU:C:2007:75, point 33 ; du 28 novembre 2013, Conseil/Manufacturing Support & Procurement
Kala Naft, C‑348/12 P, EU:C:2013:776, point 120, et du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 77). | 27. Here, the contract of employment of the claimant in the main proceedings refers, as regards wages, to a collective agreement. That clause in the contract of employment is covered by Article 3(1) of the Directive. By virtue of the Directive, the rights and obligations arising from a collective agreement to which the contract of employment refers are automatically transferred to the new owner, even if, as in the main proceedings, the latter is not a party to any collective agreement. Accordingly, the rights and obligations arising out of a collective agreement continue to bind the new owner after the transfer of the business. | 0 |
1,983 | 31. In view of the foregoing considerations, the Court held in Francovich and Others , at paragraph 35, that the principle of State liability for loss and damage caused to individuals as a result of breaches of Community law for which it can be held responsible is inherent in the system of the Treaty. | 37 It follows from all the foregoing that it is a principle of Community law that the Member States are obliged to make good loss and damage caused to individuals by breaches of Community law for which they can be held responsible.
(b) The conditions for State liability | 1 |
1,984 | 61
In order to assess whether a penalty is consistent with the principle of proportionality, account must be taken, inter alia, of the nature and the degree of seriousness of the infringement which the penalty is intended to sanction and of the means of establishing the amount of the penalty (see, to that effect, judgments of 8 May 2008, Ecotrade, C‑95/07 and C‑96/07, EU:C:2008:267, paragraphs 65 to 67; and of 20 June 2013, Rodopi-M 91, C‑259/12, EU:C:2013:414, paragraph 38). | 49. In that regard, the Court has held, in paragraph 29 of the judgment in Gambazzi , that fundamental rights, such as respect for the rights of the defence, do not constitute unfettered prerogatives and may be subject to restrictions. However, such restrictions must in fact correspond to the objectives of public interest pursued by the measure in question and must not constitute, with regard to the aim pursued, a disproportionate breach of those rights. | 0 |
1,985 | 23. So far as concerns the f a irst of those contentions, in accordance with the case-law an application must, by virtue of Article 21 of the Statute of the Court of Justice and Article 38(1)(c) of the Rules of Procedure of the Court of Justice, contain inter alia a brief statement of the pleas in law on which the application is based. Accordingly, in any application lodged under Article 226 EC, the Commission must indicate the specific complaints upon which the Court is called to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based (see, inter alia, Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 28). | 49 It follows that the decision authorises only exemptions which are necessary, proportionate and precisely determined. | 0 |
1,986 | 82 As regards the request for measures of inquiry, the case-law of the Court (see, in particular, Case 77/70 Prelle v Commission [1971] ECR 561, paragraph 7, and Case C-415/93 Bosman [1995] ECR I-4921, paragraph 53) makes it clear that, if made after the oral procedure is closed, such a request can be admitted only if it relates to facts which may have a decisive influence on the outcome of the case and which the party concerned could not put forward before the close of the oral procedure. | 23. Consequently, it is for the Member States to take the measures necessary to prevent situations such as that at issue in the main proceedings by applying, in particular, the apportionment criteria followed in international tax practice. The purpose of the France-Belgium Convention is essentially to apportion fiscal sovereignty between the French Republic and the Kingdom of Belgium in those situations. However, that convention is not at issue in the preliminary reference at hand. | 0 |
1,987 | 53. It is true that those provisions differ in terms of the degree of similarity required. Whereas the implementation of the protection provided for under Article 8(1)(b) of Regulation No 40/94 is conditional upon a finding of a degree of similarity between the marks at issue such that there exists a likelihood of confusion between them on the part of the relevant section of the public, the existence of such a likelihood is not necessary for the protection conferred by Article 8(5) of that regulation. Accordingly, the types of injury referred to in Article 8(5) may be the consequence of a lesser degree of similarity between the earlier and later marks, provided that it is sufficient for the relevant section of the public to make a connection between those marks, that is to say, to establish a link between them (see, to that effect, Adidas-Salomon and Adidas Benelux , paragraphs 27, 29 and 31, and Intel Corporation , paragraphs 57, 58 and 66). | 168. It follows that dividends distributed by a company established in one Member State to a shareholder resident in another Member State are liable to be subject to juridical double taxation where the two Member States choose to exercise their fiscal competence and to subject those dividends to taxation in the hands of the shareholder (Case C‑128/08 Damseaux [2009] ECR I‑6823, paragraph 26). | 0 |
1,988 | 23. It follows from the case-law of the Court that, in the absence of provisions of Community law, disputes concerning the recovery of amounts wrongly paid under Community law must be decided by national courts in application of their own domestic law, subject to the limits imposed by Community law, on the basis that the rules and procedures laid down by domestic law must not have the effect of making it practically impossible or excessively difficult to recover the aid not due and that the national legislation must be applied in a manner which is not discriminatory as compared to procedures for deciding similar national disputes (Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others [1983] ECR 2633, paragraph 19, Case C‑366/95 Steff-Houlberg Export and Others [1998] ECR I‑2661, paragraph 15, and Case C‑336/00 Huber [2002] ECR I‑7699, paragraph 55). | 15 It follows from the case-law of the Court that, in the absence of provisions of Community law, disputes concerning the recovery of amounts paid but not due under Community law must be decided by national courts pursuant to their own national law subject to the limits imposed by Community law inasmuch as the rules and procedures laid down by national law must not have the effect of making it virtually impossible or excessively difficult to implement Community rules and national legislation must be applied in a manner which is not discriminatory compared to procedures for deciding similar national disputes (see, in particular, Deutsche Milchkontor, paragraph 19, and, as regards national procedural law, Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12, and Joined Cases C-430/93 and C-431/93 Van Schijndel and Van Veen [1995] ECR I-4705, paragraph 17). Although national law requires the various interests in question, namely, on the one hand, the public interest in the revocation of an unlawful administrative measure and, on the other, the protection of the legitimate expectation of the person to whom it is addressed, to be weighed against one another before the measure is revoked, the interests of the Community must be taken fully into account (Deutsche Milchkontor, paragraph 32). | 1 |
1,989 | 30. Thus, expenses occasioned by the activity in question are directly linked to that activity and are accordingly necessary in order to carry out that activity (see, to that effect, judgments in Gerritse , C‑234/01, EU:C:2003:340, paragraphs 9 and 27, and Centro Equestre da Lezíria Grande , C‑345/04, EU:C:2007:96, paragraph 25). | 23. Since Directive 2001/29 serves to implement in the European Union its obligations under, inter alia, the CT and, according to settled case-law, European Union legislation must, so far as possible, be interpreted in a manner that is consistent with international law, in particular where its provisions are intended specifically to give effect to an international agreement concluded by the European Union, the notion of ‘distribution’, contained in Article 4(1) of that directive, must be interpreted in accordance with Article 6(1) of the CT (see, to that effect, Case C-456/06 Peek & Cloppenburg [2008] ECR I-2731, paragraphs 29 to 32). | 0 |
1,990 | 69. With regard to Article 39 EC, it is settled case‑law that the concept of ‘worker’ within the meaning of that provision has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that, for a certain period of time, a person performs services for and under the direction of another person in return for which he receives remuneration (see, inter alia, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17; Trojani , cited above, paragraph 15; and Petersen , cited above, paragraph 45). | 98. Lors de l’examen de ces critères, il convient de tenir compte du fait que, en cas de litige sur l’existence d’une infraction aux règles de concurrence, l’exigence fondamentale de sécurité juridique dont doivent bénéficier les opérateurs économiques ainsi que l’objectif d’assurer que la concurrence n’est pas faussée dans le marché intérieur présentent un intérêt considérable non seulement pour le requérant lui-même et pour ses concurrents, mais également pour les tiers, en raison du grand nombre de personnes concernées et des intérêts financiers en jeu (voir, notamment, arrêt Der Grüne Punkt – Duales System Deutschland/Commission, précité, point 186 et la jurisprudence citée). | 0 |
1,991 | 39. That requirement cannot, however, go so far as to make it necessary that the national provisions mentioned in the reasoned opinion and in the application should always be completely identical. Where a change in the legislation occurred between those two procedural stages, it is sufficient that the system established by the legislation contested in the pre-litigation procedure has, on the whole, been maintained by the new measures which were adopted by the Member State after the issue of the reasoned opinion and have been challenged in the application (see Case 45/64 Commission v Italy [1965] ECR 857, Case C-42/89 Commission v Belgium [1990] ECR I-2821, Case C-105/91 Commission v Greece [1992] ECR I‑5871, paragraph 13, and Case C-11/95 Commission v Belgium [1996] ECR I‑4115, paragraph 74). | 24. It follows that the compliance with Community law of the national legislation at issue in the main proceedings must be examined again in the light of the principle of proportionality. | 0 |
1,992 | 34. A tariff established by a professional organisation such as the Osservatorio may none the less have the character of legislation, inter alia, where the members of that organisation are experts who are independent of the economic operators concerned and they are required, under the law, to set tariffs taking into account not only the interests of the undertakings or associations of undertakings in the sector which has appointed them but also the public interest and the interests of undertakings in other sectors or users of the services in question (see, to that effect, judgments in Reiff , EU:C:1993:886, paragraphs 17 to 19 and 24; Delta Schiffahrts- und Speditionsgesellschaft , EU:C:1994:240, paragraphs 16 to 18 and 23; DIP and Others , C‑140/94 to C‑142/94, EU:C:1995:330, paragraphs 18 and 19; Commission v Italy , C‑35/96, EU:C:1998:303, paragraph 44; and Arduino , EU:C:2002:97, paragraph 37). | 39. Admittedly, it is common ground that Mr Blanco Pérez and Ms Chao Gómez are of Spanish nationality and that all aspects of the main proceedings are confined within one Member State. However, as is apparent from the case-law, the Court’s answer may be useful to the referring court even in such circumstances, in particular if its national law were to require it to grant a Spanish national the same rights as those which a national of another Member State would derive from EU law in the same situation (see, inter alia, Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 29, and Cipolla and Others , paragraph 30). | 0 |
1,993 | 53. Moreover, even if, in some cases, the application of the provisions at issue in the main proceedings did no more than implement criteria laid down in DTCs, the fact remains that, in exercising the powers of taxation allocated under them, the Member States are obliged to comply with the rules of Community law (see, to that effect, Saint‑Gobain ZN , paragraphs 58 and 59, and Case C‑385/00 De Groot [2002] ECR I‑11819, paragraph 94) and, more particularly, the freedom of establishment which Article 43 EC guarantees. | 35. Support for that interpretation is to be found in the intention, manifested by the Community legislature in the third subparagraph of Article 3(3) of the Directive, to provide effective protection to consumers. That provision states that any repair or replacement is to be completed not only within a reasonable time but also without significant inconvenience to the consumer. | 0 |
1,994 | 54 In order to determine whether and under what conditions the contracting authority may, in accordance with Article 36(1)(a), take into consideration criteria of an ecological nature, it must be noted, first, that, as is clear from the wording of that provision, in particular the use of the expression `for example', the criteria which may be used as criteria for the award of a public contract to the economically most advantageous tender are not listed exhaustively (see also, to that effect, Case C-19/00 SIAC Construction [2001] ECR I-7725, paragraph 35). | 10 Although the angle from which the questions in the present case are asked is different from that in Zaninotto, they none the less concern the same aspects of the relevant Community legislation and of its effects on wine-growers in Italy, a fact which the national court has acknowledged. | 0 |
1,995 | 30. In that regard, it must be recalled that in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. The Court has a duty to interpret all provisions of EU law which national courts require in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (judgment in Fuß , C‑243/09, EU:C:2010:609, paragraph 39 and the case-law cited). | 32. For the same reasons, the criterion of the identity of the protected legal interest cannot be applicable since that criterion is likely to vary from one Contracting State to another. | 0 |
1,996 | 51. In order to provide the referring court with a complete answer, it should be observed that the Court has, it is true, already ruled that it is for the Member States to choose the measures likely to attain the objectives that they pursue in the field of employment. The Court has recognised that the Member States have a broad discretion in exercising that power. In addition, it cannot be disputed that encouragement of recruitment constitutes a legitimate aim of social policy (see ITC , paragraph 39 and the case-law cited). | Ces constatations ne sauraient être remises en cause par le fait que la Cour a également jugé que, lorsque deux entités constituent une même entité économique, le fait que l’entité ayant commis l’infraction existe encore n’empêche pas, par lui-même, que soit sanctionnée l’entité à laquelle elle a transféré ses activités économiques. En particulier, une telle mise en œuvre de la sanction est admissible lorsque ces entités ont été sous le contrôle de la même personne et ont, eu égard aux liens étroits qui les unissent sur le plan économique et organisationnel, appliqué pour l’essentiel les mêmes directives commerciales (voir arrêts du 11 décembre 2007, ETI e.a., C‑280/06, EU:C:2007:775, points 48 et 49 et jurisprudence citée, ainsi que du 18 décembre 2014, Commission/Parker Hannifin Manufacturing et Parker-Hannifin, C‑434/13 P, EU:C:2014:2456, points 41 et 54). | 0 |
1,997 | 63. It is settled case-law that the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified ( Arnold André , cited above, paragraph 68; Swedish Match , cited above, paragraph 70; and Joined Cases C‑154/04 and C‑155/04 Alliance for Natural Health and Others [2005] ECR I‑0000, paragraph 115). | S’agissant de l’exercice de ce pouvoir d’appréciation aux fins de la prise en compte éventuelle de preuves produites tardivement, la Cour a jugé qu’une telle prise en compte par l’EUIPO, lorsqu’il est appelé à statuer dans le cadre d’une procédure d’opposition est, en particulier, susceptible de se justifier lorsque celui-ci considère que, d’une part, les éléments tardivement produits sont de prime abord susceptibles de revêtir une réelle pertinence en ce qui concerne le sort de l’opposition formée devant lui et, d’autre part, le stade de la procédure auquel intervient cette production tardive et les circonstances qui l’entourent ne s’opposent pas à cette prise en compte (arrêts du 13 mars 2007, OHMI/Kaul, C‑29/05 P, EU:C:2007:162, point 44, et du 18 juillet 2013, New Yorker SHK Jeans/OHMI, C‑621/11 P, EU:C:2013:484, point 33). | 0 |
1,998 | 40. The sui generis nature of the employment relationship under national law is of no consequence as regards whether or not a person is a worker for the purposes of EU law (see Kiiski , paragraph 26 and the case-law cited). Provided that a person meets the conditions specified in paragraph 39 above, the nature of that person’s legal relationship with the other party to the employment relationship has no bearing on the application of Directive 92/85 (see, by analogy, in the context of freedom of movement for workers, Case 344/87 Bettray [1989] ECR 1621, paragraph 16, and Case C‑357/89 Raulin [1992] ECR I‑1027, paragraph 10). | 28. Second, under the copyright directive, an exclusive right is conferred on authors to authorise or prohibit any form of distribution to the public by sale or otherwise of the original of their works or copies thereof. Distribution to the public is characterised by a series of acts going, at the very least, from the conclusion of a contract of sale to the performance thereof by delivery to a member of the public. A trader in such circumstances bears responsibility for any act carried out by him or on his behalf giving rise to a ‘distribution to the public’ in a Member State where the goods distributed are protected by copyright (see, to that effect, Donner , paragraphs 26 and 27). | 0 |
1,999 | 81. As regards the arguments put forward by the appellant in support of its second ground of appeal, it should be noted at the outset that the Court of First Instance was correct in finding at paragraph 71 of the judgment under appeal that failure to comply with the 10-day period prescribed in Article 20(5) of the basic regulation can result in annulment of the contested regulation only where there is a possibility that, due to that irregularity, the administrative procedure could have resulted in a different outcome and thus in fact adversely affected the applicant’s rights of defence (see, to that effect, Case 30/78 Distillers Company v Commission [1980] ECR 2229, paragraph 26; Case C‑142/87 Belgium v Commission, ‘Tubemeuse’ [1990] ECR I‑959, paragraph 48; and Case C‑194/99 P Thyssen Stahl v Commission [2003] ECR I‑10821, paragraph 31). | 29
Therefore, Article 45(2) of Directive 2004/18 does not provide for uniform application at EU level of the grounds of exclusion it mentions, since the Member States may choose not to apply those grounds of exclusion at all or to incorporate them into national law with varying degrees of rigour according to legal, economic or social considerations prevailing at national level. In that context, the Member States have the power to make the criteria laid down in Article 45(2) less onerous or more flexible (judgment of 10 July 2014, Consorzio Stabile Libor Lavori Pubblici, paragraph 36 and the case-law cited). | 0 |
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