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2,000 | 55. According to settled case-law, the purpose of Article 27(2) of the Convention is to ensure that a judgment will not be recognised or enforced under the Convention if the defendant has not had an opportunity to put his defence before the court which gave the judgment (Case 166/80 Klomps [1981] ECR 1593, paragraph 9, Case C‑172/91 Sonntag [1993] ECR I-1963, paragraph 38, and Hengst Import , cited above, paragraph 17). | 62. Il convient de rappeler, à cet égard, que, même si, pour garantir l’exécution complète de l’arrêt de la Cour, l’astreinte doit être exigée dans son intégralité jusqu’à ce que l’État membre ait pris toutes les mesures nécessaires pour mettre fin au manquement constaté, dans certains cas spécifiques, toutefois, une sanction qui tient compte des progrès éventuellement réalisés par l’État membre dans l’exécution de ses obligations peut être envisagée (voir arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 60). | 0 |
2,001 | 44. Turning to the substance, it should be recalled that the Framework Agreement is not intended to harmonise all national rules relating to fixed-term employment contracts but simply aims, by determining general principles and minimum requirements, to establish a general framework for ensuring equal treatment for fixed-term workers by protecting them against discrimination and to prevent abuse arising from the use of successive fixed-term work agreements or contracts (see, in this regard, Del Cerro Alonso , EU:C:2007:509, paragraphs 26 and 36; Impact , C‑268/06, EU:C:2008:223, paragraph 111; Huet , C‑251/11, EU:C:2012:133, paragraph 41; and the order in Vino , C‑20/10, EU:C:2010:677, paragraph 54). | 82. Si la requérante demande l’annulation de l’arrêt attaqué et, subsidiairement, une réduction du montant de l’amende qui lui a été infligée, il y a lieu de relever que la Cour a déjà jugé que, en l’absence de tout indice selon lequel la durée excessive de la procédure devant le Tribunal aurait eu une incidence sur la solution du litige, le non‑respect d’un délai de jugement raisonnable ne saurait conduire à l’annulation de l’arrêt attaqué (voir, en ce sens, arrêt Der Grüne Punkt – Duales System Deutschland/Commission, précité, points 190 et 196 ainsi que la jurisprudence citée). | 0 |
2,002 | 27 With regard to the first argument relied on by the Belgian Government, the Court has consistently held that a Member State may not rely on circumstances in its internal legal system to justify its failure to comply with obligations and time-limits laid down in a directive (Cases C-109/94, C-207/94 and C-225/94 Commission v Greece [1995] ECR I-1791, paragraph 11). | 21. Il y a lieu, également, de rappeler qu’il appartenait au Tribunal d’apprécier, comme il l’a fait, si une bonne administration de la justice justifiait, dans les circonstances de l’espèce, de rejeter au fond le recours dans cette affaire sans statuer sur l’exception d’irrecevabilité soulevée par le Conseil, ce qui ne peut être regardée comme faisant grief à ce dernier (voir arrêt du 26 février 2002, Conseil/Boehringer, C‑23/00 P, Rec. p. I‑1873, point 52). | 0 |
2,003 | 19. It follows that products containing a substance which has a physiological effect cannot automatically be classified as medicinal products by function unless the competent administration has made an assessment, with due diligence, of each product individually, taking account, in particular, of that product’s specific pharmacological, immunological or metabolic properties, to the extent to which they can be established in the present state of scientific knowledge ( Hecht‑Pharma , paragraph 40). | 25. The answer to the second question must therefore be that Article 15(8) of the Sixth Directive is to be interpreted as meaning that the exemption provided for therein applies to the supply of services directly to the shipowner for the direct needs of sea-going vessels.
The third question | 0 |
2,004 | 90. It follows that the clause on the ownership and control of airlines is contrary to Article 52 of the Treaty (see, to that effect, Commission v Denmark , paragraphs 122 to 124 and 128 to 133; Commission v Sweden , paragraphs 113 to 115 and 119 to 124; Commission v Finland , paragraphs 118 to 120 and 124 to 129; Commission v Belgium , paragraphs 131 to 133 and 137 to 142; Commission v Luxembourg , paragraphs 122 to 124 and 128 to 133; Commission v Austria , paragraphs 130 to 134 and 138 to 143, and Commission v Germany , paragraphs 144 to 146 and 150 to 156). | Au nombre de ces indices, figure le fait que l’entreprise publique en question ne pouvait pas prendre la décision contestée sans tenir compte des exigences des pouvoirs publics ou des directives émanant du CIPE. D’autres indices permettant de conclure à une telle imputabilité sont également pertinents, tels que l’intégration de ladite entreprise publique dans les structures de l’administration publique, la nature de ses activités et l’exercice de celles-ci sur le marché dans des conditions normales de concurrence avec des opérateurs privés, le statut juridique de l’entreprise, l’intensité de la tutelle exercée par les autorités publiques sur la gestion de l’entreprise, ou tout autre indice traduisant, dans le cas concret, une implication des autorités publiques ou l’improbabilité d’une absence d’implication dans l’adoption d’une mesure, eu égard également à l’ampleur de celle-ci, à son contenu ou aux conditions qu’elle comporte (arrêt du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, points 55 et 56). | 0 |
2,005 | 23. In that context, the Court has stated that the severity of penalties must be commensurate with the seriousness of the infringements for which they are imposed, in particular by ensuring a genuinely dissuasive effect, while respecting the general principle of proportionality (see judgments in Asociația Accept , C‑81/12, EU:C:2013:275, paragraph 63, and LCL Le Crédit Lyonnais , C‑565/12, EU:C:2014:190, paragraph 45). | 50. First of all, under Article 63 of Regulation No 40/94, a decision of an OHIM Board of Appeal may be annulled or altered only on grounds of lack of competence, infringement of an essential procedural requirement, failure to comply with the EC Treaty, with Regulation No 40/94 or with any rule of law relating to their application, or misuse of power. Accordingly, the review of that decision by the Community Courts is confined to a review of the legality of that decision, and is thus not intended to re-examine the facts which were assessed within OHIM. | 0 |
2,006 | 28
Such a difference in treatment, which in the main proceedings in the present case results solely from the Danish rules, is permissible only if it relates to situations which are not objectively comparable or if it is justified by an overriding reason in the public interest (judgment of 6 October 2015, Finanzamt Linz, C‑66/14, EU:C:2015:661, paragraph 30 and the case-law cited). | 22 IF THESE TWO PROVISIONS ARE READ IN CONJUNCTION, IT FOLLOWS THAT TO THE EXTENT TO WHICH COMMUNITY RULES ARE PROMULGATED FOR THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY, THE MEMBER STATES CANNOT, OUTSIDE THE FRAMEWORK OF THE COMMUNITY INSTITUTIONS, ASSUME OBLIGATIONS WHICH MIGHT AFFECT THOSE RULES OR ALTER THEIR SCOPE . | 0 |
2,007 | 31. Those findings are not affected by the arguments relied on by Ygeia, according to which the concept of ‘activities closely related’ to hospital and medical care featuring in Article 13A(1)(b) of the Sixth Directive does not, taking account of the objective of the exemption, call for an especially narrow interpretation ( Commission v France , paragraph 23). As is already clear from paragraph 25 of the present judgment, subjecting services which are not of an ancillary character to VAT does not have the effect of increasing the cost of the hospital and medical care the accessibility of which this provision seeks to ensure for individuals, since those services are not essential to achieve the therapeutic objectives pursued by that care (see, to this effect, Case C-307/01 D’Ambrumenil and Dispute Resolution Services [2003] ECR I‑13989, paragraph 59). | 39. In order to determine whether such legislation is compatible with the requirements of Directive 93/13, it should be recalled that, the system of protection established by that directive is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier as regards both his bargaining power and his level of knowledge, which leads to the consumer agreeing to terms drawn up in advance by the seller or supplier without being able to influence the content of those terms (see, inter alia, judgment in Kušionová, C‑34/13, EU:C:2014:2189, paragraph 48 and the case-law cited). | 0 |
2,008 | 88. On the other hand, a national provision which merely authorises recourse to successive fixed-term employment contracts in a general and abstract manner by a rule of statute or secondary legislation does not accord with the requirements as stated in the previous paragraph. Such a provision, which is of a purely formal nature, does not permit objective and transparent criteria to be identified in order to verify whether the renewal of such contracts actually responds to a genuine need, is capable of achieving the objective pursued and is necessary for that purpose. Such a provision therefore carries a real risk that it will result in misuse of that type of contract and, accordingly, is not compatible with the objective of the Framework Agreement and the requirement that it have practical effect (judgment in Kücük , EU:C:2012:39, paragraphs 28 and 29 and the case-law cited). | 26. It follows, first, that the dividends distributed by a company established in one Member State to a shareholder residing in another Member State are liable to be subject to juridical double taxation where the two Member States choose to exercise their tax competence and to subject those dividends to taxation in the hands of the shareholder. | 0 |
2,009 | 88. Secondly, it should be noted that the requirement that the procedure be inter partes is not an absolute criterion (See Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 31). | 40. In the light of the foregoing, the answer to Question 1 and Question 2(a) is that the concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29, must be interpreted as meaning that it covers a retransmission of the works included in a terrestrial television broadcast
– where the retransmission is made by an organisation other than the original broadcaster,
– by means of an internet stream made available to the subscribers of that other organisation who may receive that retransmission by logging on to its server,
– even though those subscribers are within the area of reception of that terrestrial television broadcast and may lawfully receive the broadcast on a television receiver.
Question 2(b) | 0 |
2,010 | 40
The Court has added, however, that Article 23(1)(c) makes it possible to presume that such consent exists where commercial usages of which the parties are or ought to have been aware exist in this regard in the relevant branch of international trade or commerce (see, to that effect, judgments of 20 February 1997 in MSG, C‑106/95, EU:C:1997:70, paragraph 19, and of 16 March 1999 in Castelletti, C‑159/97, EU:C:1999:142, paragraphs 20 and 21). | 71. In that respect, it is certainly true, as is apparent from paragraph 10 of the general considerations of the Framework Agreement, that the agreement allows Member States and social partners to define the detailed arrangements for application of the principles and requirements which it lays down, in order to ensure that they are consistent with national law and/or practice and that due account is taken of the particular features of specific situations ( Adeneler and Others , paragraph 68, and order in Vassilakis and Others , paragraph 87). | 0 |
2,011 | 41. As regards application of the principle of effectiveness, the Court has held that every case in which the question arises as to whether a national procedural provision makes the application of EU law impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its conduct and its special features, viewed as a whole, before the various national bodies. In that context, it is necessary to take into consideration, where relevant, the principles which lie at the basis of the national legal system, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct of the proceedings (see, to that effect, judgments in Fallimento Olimpiclub , C‑2/08, EU:C:2009:506, paragraph 27, and Târșia , C‑69/14, EU:C:2015:662, paragraphs 36 and 37 and the case-law cited). | 37 There is no objective difference between the situations of such a non-resident and a resident engaged in comparable employment, such as to justify different treatment as regards the taking into account for taxation purposes of the taxpayer' s personal and family circumstances. | 0 |
2,012 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 37 It is clear from the file and from the oral argument before the Court that the amendments made in 1995, described in paragraph 28 of the present judgment, had the effect of totally liberalising air transport between the United States of America and the Republic of Finland by ensuring free access to all routes between all points situated within those two States, without limitation of capacity or frequency, without restriction as to intermediate points and those situated behind or beyond (`behind, between and beyond rights') and with all desired combinations of aircraft (`change of gauge'). That total freedom has been complemented by provisions concerning opportunities for the airlines concerned to conclude code-sharing agreements and by provisions furthering competition or non-discrimination, in relation to CRSs for example. | 1 |
2,013 | 37 As for the French Government's argument that non-compliance with its obligations did not result in damage, even assuming this to be established, it is important to remember that failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, and that the fact that such a failure had no adverse effects is irrelevant (see Case C-209/88 Commission v Italy, cited above, paragraph 14). | 52 It follows from Article 7(1) of the directive that that provision gives priority to personal ties where the person concerned does not have personal and occupational ties concentrated in a single Member State. Indeed, the second subparagraph gives primacy to personal ties over occupational ties where the latter are in a different place and the person concerned consequently lives in turn in two or more Member States and returns regularly to the State of his personal ties. | 0 |
2,014 | 29
In the second place, as regards the test for urgency, it is necessary, according to the case-law of the Court, to take into consideration the fact that the person involved in the main proceedings is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the outcome of the dispute in the main proceedings (see, to that effect, judgment of 24 May 2016 in Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 22 and the case-law cited). In the present case, it is apparent from the information supplied by the referring court and recalled in paragraph 27 of this judgment that JZ is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the decision of the Court, in so far as an affirmative answer by the Court to the question referred could result in his immediate release. | 30 It thus follows from the provisions of the Directive and the Regulation, and from the general scheme of the latter, that neither text provides for the application of the principles of self-sufficiency and proximity to waste for recovery. | 0 |
2,015 | 30. In order to achieve that aim, Article 13(2)(a) of Regulation No 1408/71 lays down the principle that an employed person is to be subject, with regard to social security matters, to the legislation of the Member State in which he works (see Case 101/83 Brusse [1984] ECR 2223, paragraph 15). | 12IN FACT , THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE FIELD OF APPLICATION OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT .
| 0 |
2,016 | 42
It should be noted, in that regard, that, in accordance with the principle of proportionality, which is one of the general principles of EU law, the measures implemented by the national legislation transposing Article 7(1)(c) of Directive 2003/86 must be suitable for achieving the objectives of that legislation and must not go beyond what is necessary to attain them (see, regarding Article 7(2) of Directive 2003/86, judgment in K and A, C‑153/14, EU:C:2015:453, paragraph 51). | 27 In the circumstances considered in these proceedings, part-time employees do receive the same overall pay as full-time employees for the same number of hours worked. | 0 |
2,017 | 20. First of all, as regards the alleged failure on the part of the Giudice di Pace di Genova to take account of the entry into force of Decree Law No 223/2006 for the purpose of resolving the dispute in the main proceedings, according to established case‑law, it is not for the Court of Justice to rule on the applicability of provisions of national law which are relevant to the outcome of such proceedings, but the Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the legislative context, as described in the order for reference, in which the question put to it is set (see, to that effect, Case C 475/99 Ambulanz Glöckner [2001] ECR I-8089, paragraph 10; Case C 153/02 Neri [2003] ECR I-13555, paragraphs 34 and 35; and Case C‑28/04 Tod’s and Tod’s France [2005] ECR I‑5781, paragraph 14). | 35. The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the question put to it is set (Case C-475/99 Ambulanz Glöckner [2001] ECR I-8089, paragraph 10). | 1 |
2,018 | 27. In that regard, it should be borne in mind that, according to settled case‑law, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the notes to the sections or chapters (see, inter alia, Case C‑339/98 Peacock [2000] ECR I‑8947, paragraph 9; Case C‑495/03 Intermodal Transports [2005] ECR I‑8151, paragraph 47; Case C‑376/07 Kamino International Logistics [2009] ECR I‑1167, paragraph 31; and Joined Cases C‑288/09 and C‑289/09 British Sky Broadcasting Group and Pace [2011] ECR I‑2851, paragraph 60). | 45. Dans un tel réseau national défini par l’État membre, si l’une des régions ne dispose pas, dans une mesure et sur une durée significatives, d’infrastructures suffisantes pour couvrir ses besoins en termes d’élimination des déchets, il peut être déduit que de telles insuffisances graves au niveau régional sont susceptibles d’affecter ledit réseau national d’installations d’élimination des déchets, lequel ne présentera plus le caractère intégré et adéquat requis par la directive 2006/12 et devant permettre à l’État membre concerné de tendre individuellement vers l’objectif d’autosuffisance tel que défini à l’article 5, paragraphe 1, de cette directive (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 68). | 0 |
2,019 | 38. In that connection, it is clear from the case-law of the Court that if it finds that there is in fact no dispute pending before the referring court, so that an answer to the question would be of no use to that court for the resolution of a dispute, the Court must rule that there is no need to give a ruling on the request for preliminary ruling (see to that effect, in particular, judgments in Djabali , C‑314/96, EU:C:1998:104, paragraphs 16, 21 and 22; García Blanco , C‑225/02, EU:C:2005:34, paragraphs 23 and 29 to 31, and order in Mohammad Imran , C‑155/11 PPU, EU:C:2011:387, paragraphs 14 and 19 to 21). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
2,020 | 56. The la wfulness of a decision taken at the end of the preliminary examination stage is examined only on the basis of the information which the Commission had at its disposal at the time when it made the decision (see Nuova Agricast , paragraphs 54 to 60), that is to say, in the present case, at the time the contested act was adopted. | 43
Furthermore, it does not appear from the file before the Court that the national legislation at issue in the main proceedings, albeit formulated in neutral terms, that is to say, by reference to other criteria — in the present case, the nature of the employment relationship — which are not related to the protected characteristic — in the present case, disability — would lead to the result that particularly persons possessing that characteristic are put at a disadvantage, involving indirect discrimination within the meaning of the Court’s case-law on that concept (see, to that effect, judgment of 18 March 2014, Z., C‑363/12, EU:C:2014:159, paragraph 53). | 0 |
2,021 | 109. Finally, the Court had already held at paragraphs 22 and 23 of its Schöning-Kougebetopoulou judgment, cited above, that a measure which makes a worker ' s remuneration dependent on his length of service but excludes any possibility for comparable periods of employment completed in the public service of another Member State to be taken into account is likely to infringe Article 48 of the Treaty. | 53. It follows that the decision of the Court of First Instance directly affects IP, BC and PG, and that the appeals brought by them are admissible.
Substance | 0 |
2,022 | 48. According to settled case-law, with the exception of cases in which a recovery decision has been annulled pursuant to Article 263 TFEU, the only defence available to a Member State in opposing an infringement action by the Commission under Article 108(2) TFEU is to plead that it was absolutely impossible for it to implement the decision of which it was an addressee (see to that effect, judgment in Commission v Germany , C‑527/12, EU:C:2014:2193, paragraph 48 and the case-law cited). | 16 THE SAME CONSIDERATIONS DO NOT APPLY WHERE THE PRINCIPAL AIM OF THE AGREEMENT IS OF A DIFFERENT NATURE , IN PARTICULAR , WHERE IT CONCERNS THE OPERATION OF A BUSINESS .
| 0 |
2,023 | 40. Therefore, the question arises as to whether an action for annulment by Bavaria or Bavaria Italia challenging Regulation No 1347/2001 under the fourth paragraph of Article 230 EC would undoubtedly have been admissible on the ground that that regulation was of direct and individual concern to them (see, to that effect, Case C‑241/95 Accrington Beef and Others [1996] ECR I‑6699, paragraph 15; Nachi Europe , paragraph 40; and Roquette Frères , paragraph 41). | 82. La directive 1999/31 définit les critères et les conditions de l’obligation de mise en décharge des déchets et impose notamment aux États membres d’exiger l’obtention d’une autorisation pour l’exploitation d’une décharge. | 0 |
2,024 | 23. Tout d’abord, il importe de rappeler que, selon une jurisprudence constante, la lettre de mise en demeure adressée par la Commission à l’État membre concerné puis l’avis motivé émis par cette dernière délimitent l’objet du litige, lequel ne peut plus, dès lors, être étendu. En effet, la possibilité pour l’État membre concerné de présenter ses observations constitue, même s’il estime ne pas devoir en faire usage, une garantie essentielle voulue par le traité FUE et son observation est une forme substantielle de la régularité de la procédure constatant un manquement d’un État membre. Par conséquent, l’avis motivé et le recours de la Commission doivent reposer sur les mêmes griefs que ceux de la lettre de mise en demeure qui engage la procédure précontentieuse (voir arrêt Commission/Pays-Bas, C‑576/10, EU:C:2013:510, point 28 et jurisprudence citée). | 39 Articles 5 to 7 of the Directive embody a complete harmonisation of the rules relating to the rights conferred by a trade mark and accordingly define the rights of proprietors of trade marks in the Community (Silhouette, cited above, paragraphs 25 and 29). | 0 |
2,025 | 32 As regards the plea in law based on a breach of the principle of proportionality, according to the case-law of the Court (Commission v Brazzelli Lualdi and Others, cited above, paragraph 81), it is for the Court of First Instance alone to assess, within the confines of the claim, the method and extent of compensation for the damage. However, in order for the Court to be able to review the judgments of the Court of First Instance, those judgments must be sufficiently reasoned. | 15 SINCE THE DRAFT LAW WAS ADOPTED ON 8 OCTOBER 1984 THE COMMISSION HAS WITHDRAWN ITS COMPLAINT IN THE COURSE OF THE ORAL PROCEDURE .
( C ) SECRET TENDER EQUAL TO OR CLOSEST TO THE AVERAGE TENDER | 0 |
2,026 | 24. Also according to settled case-law, it follows that the concept of " matters relating to a contract" in Article 5(1) of the Brussels Convention is not to be understood as covering a situation in which there is no obligation freely assumed by one party towards another ( Handte , paragraph 15, Réunion européenne and Others , paragraph 17, and Tacconi , paragraph 23, cited above). | En effet, ainsi qu’il a déjà été évoqué au point 50 du présent arrêt, en dépit de leur objectif, à savoir exercer une pression
sur la République islamique d’Iran afin que cette dernière mette fin aux activités nucléaires présentant un risque de prolifération
et à la mise au point de vecteurs d’armes nucléaires, ces désignations, entraînant le gel des fonds de personnes ou d’entités,
ont, sur les libertés et les droits fondamentaux de ces personnes et de ces entités, une incidence négative importante liée,
d’une part, s’agissant des personnes, au bouleversement considérable de la vie tant professionnelle que familiale de celles-ci
du fait des restrictions à l’usage de leur droit de propriété et, d’autre part, s’agissant des entités, aux perturbations
qui portent atteinte à leurs activités, notamment économiques (voir, en ce sens, arrêts du 3 septembre 2008, Kadi et Al Barakaat
International Foundation/Conseil et Commission, C‑402/05 P et C‑415/05 P, EU:C:2008:461, point 358 ; du 18 juillet 2013, Commission
e.a./Kadi, C‑584/10 P, C‑593/10 P et C‑595/10 P, EU:C:2013:518, point 132, ainsi que du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 53). | 0 |
2,027 | 100. Ireland submits that Article 4(3) of Annex IX to the Convention, in particular the notion of ‘transfer of competence’ which features there, and the Declaration of Community competence must be construed as meaning that, in regard to shared competence, the only areas of competence transferred and exercised by the Community when it became a party to the Convention are those which have become exclusive as a result of having been affected, within the meaning of the principle set out in paragraph 17 of the AETR judgment. | 58. As far as the free movement of workers is concerned, that principle is implemented and given specific effect by Article 39 EC. | 0 |
2,028 | 46 The Court has thus held that the principle of national treatment requires a Member State which is a party to a bilateral international treaty with a non-member country for the avoidance of double taxation to grant to permanent establishments of companies resident in another Member State the advantages provided for by that treaty on the same conditions as those which apply to companies resident in the Member State that is party to the treaty (see Saint-Gobain, paragraph 59, and judgment of 15 January 2002 in Case C-55/00 Gottardo v INPS [2002] ECR I-413, paragraph 32). | 27
In that connection, it must be recalled that Article 1(2) of Directive 93/13 introduces an exclusion into the scope of the directive which covers terms which reflect mandatory statutory or regulatory provisions (judgment of 10 September 2014, Kušionová, C‑34/13, EU:C:2014:2189, paragraph 76, and, to that effect, judgment of 21 March 2013, RWE Vertrieb, C‑92/11, EU:C:2013:180, paragraph 25). | 0 |
2,029 | 53. As regards goods and services which are used by a taxable person both for transactions giving rise to the right to deduct and for transactions not giving rise to that right, Article 17(5) of the Sixth Directive provides that only such proportion of the VAT shall be deductible as is attributable to the taxable transactions. That proportion is calculated according to the rules in Article 19 of that directive (see, to that effect, Case C-306/94 Régie Dauphinoise [1996] ECR I‑3695, paragraphs 3 and 4, and Case C‑136/99 Monte Dei Paschi Di Siena [2000] ECR I‑6109, paragraph 24). | 60. Apart from the fact that it cannot be ruled out that a company resident in a Member State other than the Federal Republic of Germany may have shareholders who are resident in Germany, comparing the tax burden on dividends paid to non-resident companies with the overall tax burden on dividends where a resident company in receipt of dividends redistributes them to its resident shareholders amounts to comparing systems and situations which are not comparable, namely, on the one hand, natural persons in receipt of national dividends and their income tax arrangements and, on the other, capital companies in receipt of dividends leaving the country and the withholding tax levied by the Federal Republic of Germany (see, to that effect, Commission v Italy , paragraph 43). | 0 |
2,030 | 43. In the third place, with respect to the judgment in Pammer and Hotel Alpenhof , the Court held in paragraphs 86 and 87 of that judgment, in response to the arguments put forward by Hotel Alpenhof to the effect that Article 15(1)(c) of the Brussels I Regulation could not apply because the contract with the consumer had been concluded on the spot and not at a distance, that those arguments were ineffective in that case because, on the facts, the hotel room had been reserved and the reservation confirmed at a distance. | 35
It is therefore, in principle, for the referring court to determine to what extent the conditions for application and the actual implementation of the relevant provisions of national law render the latter an appropriate measure for preventing and, where necessary, penalising the abusive use of successive fixed-term employment contracts or relationships (judgments of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 67 and the case-law cited, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 82). | 0 |
2,031 | 108. In that regard, the Court has consistently held that a directive cannot of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual (see, inter alia, Case 152/84 Marshall [1986] ECR 723, paragraph 48; Case C-91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; and Case C-201/02 Wells [2004] ECR I‑0000, paragraph 56). | 41. Next, as the Advocate General pointed out in point 85 of his Opinion, the exemption of winnings is likely to encourage consumers to participate in the lotteries, games of chance and betting able to benefit from such exemption and is therefore not a suitable and coherent means of ensuring the attainment of the objective supposedly pursued. | 0 |
2,032 | 56. Even though it does not lay down a complete prohibition of advertising or a particular form of advertising, which, according to settled case-law, is capable of constituting in itself a restriction of the freedom to provide services (see, inter alia, Case C‑500/06 Corporación Dermoestética [2008] ECR I‑5785, paragraph 33 and the case-law cited), a rule laying down a prohibition relating to the unprofessional nature of the content of advertising, such as Paragraph 27(3) of the Code of professional conduct for doctors in Hesse, which suffers from a certain ambiguity, is liable to constitute an obstacle to the relevant freedom to provide medical services. | 49. It follows in particular that refusals to grant authorisation, or the opinions on which such refusals may be based, must refer to the specific provisions on which they are based and be properly reasoned in accordance with them. Likewise, courts or tribunals hearing and determining actions against such refusals must be able, if they consider it necessary for the purpose of carrying out the review which is incumbent on them, to gather the advice of fully objective and impartial independent experts. | 0 |
2,033 | 52
As regards the existence of a derived right of residence, based on Article 21(1) TFEU and Directive 2004/38, the Court has held that that directive confers rights of entry into and residence in a Member State not on all third-country nationals, but solely on those who are a ‘family member’, within the meaning of point 2 of Article 2 of that directive, of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than the Member State of which he is a national (judgments of 15 November 2011, Dereci and Others, C‑256/11, EU:C:2011:734, paragraph 56; of 6 December 2012, O and Others, C‑356/11 and C‑357/11, EU:C:2012:776, paragraph 41; and of 18 December 2014, McCarthy and Others, C‑202/13, EU:C:2014:2450, paragraph 36). | 27 Consequently, that judgment as well was concerned with a situation different from the one at issue here, namely one in which the employee does not object to the transfer of his contract of employment or employment relationship and agrees to amendments of the contract or relationship binding him to his new employer. | 0 |
2,034 | 27. The Court has already held, in relation to Regulation No 1041/67/EEC of the Commission of 21 December 1967 on detailed rules for the application of export refunds on products subject to a single price system (OJ, English Special Edition 1967, p. 323), that the requirement of ‘sound and fair marketable quality’ constitutes a general objective condition for the grant of a refund and that a product which could not be marketed within the Community ‘under normal conditions’ would not meet these requirements as to quality (see, to that effect, Case 12/73 Muras [1973] ECR 963, paragraph 12, Case C-409/03 SEPA [2005] ECR I-4321, paragraph 22 and Case C-309/04 Fleisch‑Winter [2005] ECR I‑10349, paragraph 20). | 12 THIS REQUIREMENT, CONTAINED IN ARTICLE 6 OF REGULATION NO 1041/67, CONSTITUTES A GENERAL, OBJECTIVE CONDITION FOR THE GRANT OF A REFUND, WHATEVER THE REQUIREMENTS AS TO CATEGORY AND QUALITY LAID DOWN BY THE REGULATIONS FIXING THE AMOUNTS OF REFUND FOR EACH PRODUCT .
A PRODUCT WHICH COULD NOT BE MARKETED WITHIN THE COMMUNITY UNDER NORMAL CONDITIONS AND UNDER THE DESCRIPTION GIVEN IN THE CLAIM FOR THE GRANT OF A REFUND WOULD NOT MEET THESE REQUIREMENTS AS TO QUALITY .
THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID BY THE EXPORTER ON THE HOME MARKET FOR THE PRODUCT EXPORTED IS AN INDICATION THAT DOUBTS SHOULD BE CAST ON THE QUALITY OF THE PRODUCT .
ON THE SECOND PART OF THE THIRD QUESTION | 1 |
2,035 | 36. It is settled case‑law that Article 49 EC requires not only the elimination of all discrimination against service providers established in another Member State on the ground of their nationality but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, when it is liable to prohibit, impede or render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services (see, inter alia, Case C‑76/90 Säger [1991] ECR I‑4221, paragraph 12 and Joined Cases C‑403/08 and C‑429/08 Football Association Premier League and Others [2011] ECR I‑9083, paragraph 85). In the same vein, the Court has also held that Article 49 EC precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within a Member State (see, inter alia, Case C‑381/93 Commission v France [1994] ECR I‑5145, paragraph 17, and C‑250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I‑11135, paragraph 30 and the case‑law cited). | 54. Finally, the object of the representation is specifically to avoid any element of subjectivity in the process of identifying and perceiving the sign. Consequently, the means of graphic representation must be unequivocal and objective. | 0 |
2,036 | 35. Moreover, it should be noted that, according to settled case-law, for the purpose of applying Article 101(1) TFEU, there is no need to take account of the concrete effects of an agreement once it appears that it has as its object the prevention, restriction or distortion of competition (see, to that effect, Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299; Case C-272/09 P KME Germany and Others v Commission [2011] ECR I-12789, paragraph 65; and Case C-389/10 P KME Germany and Others v Commission [2011] ECR I-13125, paragraph 75). | 75. For the purpose of applying Article 81(1) EC, there is no need to take account of the concrete effects of an agreement once it appears that it has as its object the prevention, restriction or distortion of competition (see, to that effect, Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299). That applies in particular in the case, as in this instance, of obvious restrictions of competition such as price-fixing and market-sharing. If a cartel determines the state of the market at the moment it is agreed, its lengthy duration can make the structures of that market more rigid, reducing cartel participants’ incentive for innovation and development. A return to free competition will be all the more difficult and protracted, the longer the cartel continues. | 1 |
2,037 | 26. The Court has already held that the condition of genuine use of a trade mark, within the meaning of Article 15(1) of Regulation No 207/2009, may be satisfied where the trade mark is used only through another composite mark, or where it is used only in conjunction with another mark, and the combination of those two marks is, furthermore, itself registered as a trade mark (see, to that effect, Case C‑12/12 Colloseum Holding [2012] ECR I‑0000, paragraphs 35 and 36). | 31 At the hearing, however, Mrs Johnson argued that the two cases had to be distinguished since their facts were different. | 0 |
2,038 | 27. It is clear from the Court’s case-law that a restriction on the freedom of establishment is permissible only if it is justified by overriding reasons in the public interest. It is further necessary, in such a case, that its application be appropriate to ensuring the attainment of the objective in question and not go beyond what is necessary to attain it (see Case-C446/03 Marks & Spencer [2005] ECR I-10837, paragraph 35; Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 47; and Test Claimants in the Thin Cap Group Litigation , paragraph 64). | 53. It must be observed, first of all, that the fact that the same Judge in the two successive formations was entrusted with the duties of Judge-Rapporteur is, by itself, irrelevant to the assessment of compliance with the requirement of impartiality, since those duties are performed in a collegiate formation of the Court. | 0 |
2,039 | 51
As is apparent from recital 12 of Regulation No 2201/2003, that regulation was drawn up with the objective of meeting the best interests of the child and, to that end, it favours the criterion of proximity. The EU legislature, in effect, considered that the court geographically close to the child’s habitual residence is the court best placed to assess the measures to be taken in the interests of the child (judgment of 15 July 2010, Purrucker, C‑256/09, EU:C:2010:437, paragraph 91). According to that recital, jurisdiction should lie in the first place with the Member State of the child’s habitual residence, except in certain cases of a change in the child’s residence or pursuant to an agreement between the holders of parental responsibility. | 77. In the first place, the Commission takes the view that the fact that the inclusion of internal sales could have led to higher fines for other cartel participants does not justify a lowering of the fine imposed on Guardian, an argument which the latter disputes. | 0 |
2,040 | 53
While the Court, furthermore, has already held that a trade mark may fulfil other functions than that of indicating origin which are equally worthy of protection against infringement by third parties, such as that of guaranteeing the quality of the goods or services which it designates, or those of communication, investment or advertising, it has nonetheless always emphasised that the essential function of a mark remains that of indicating origin (see, to that effect, judgments of 23 March 2010, Google France and Google, C‑236/08 to C‑238/08, EU:C:2010:159, paragraphs 77 and 82, and of 22 September 2011, Interflora and Interflora British Unit, C‑323/09, EU:C:2011:604, paragraphs 37 to 40 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 |
2,041 | 43. It should first be noted that, pursuant to Article 168(7) TFEU, as clarified by the case-law of the Court and by recital 26 in the preamble to Directive 2005/36, EU law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, provisions to govern the organisation of health services such as pharmacies. In exercising that power, however, Member States must comply with EU law and, in particular, with the Treaty provisions on the fundamental freedoms, since those provisions prohibit Member States from introducing or maintaining unjustified restrictions on the exercise of those freedoms in the healthcare sector (see, to that effect, Hartlauer , paragraph 29; Case C-531/06 Commission v Italy [2009] ECR I-0000, paragraph 35; and Joined Cases C-171/07 and C-172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I-0000, paragraph 18). | 80. As the Advocate General observes in point 99 of her Opinion, the requirements of coherence of the tax system and the balanced allocation of powers of taxation coincide. | 0 |
2,042 | 34. As the Court has already held, the Member States cannot therefore unilaterally determine the scope of Article 6(b) of Directive 2003/88 by attaching conditions or restrictions to the implementation of the workers’ right not to work more per week, on average, than that maximum period ( Pfeiffer and Others , paragraph 99, and Fuß , paragraph 52). | 51. La Cour a souligné que le législateur communautaire, lorsqu’il établit des règles relatives au transfert, au régime communautaire, des droits à pension acquis dans un système national par des fonctionnaires communautaires, se trouve dans l’obligation de respecter le principe d’égalité de traitement. Il doit, en conséquence, éviter d’édicter des règles traitant les fonctionnaires de manière inégale, à moins que la situation des intéressés, au moment de leur entrée au service des Communautés, ne justifie des différences de traitement en raison des caractéristiques particulières du régime des droits à pension qui ont été acquis ou de l’absence de tels droits (voir, en ce qui concerne le principe d’égalité de traitement, arrêt du 14 juin 1990, Weiser, C‑37/89, Rec. p. I‑2395, point 14). | 0 |
2,043 | 21. It follows from the need for uniform application of Community law and from the principle of equality that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Community, having regard to the context of the provision and the objective pursued by the legislation in question (see, inter alia, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C‑287/98 Linster [2000] ECR I-6917, paragraph 43; and Case C‑170/03 Feron [2005] ECR I-2299, paragraph 26). | 46. As is pointed out in the Report on the Brussels Convention (OJ 1979 C 59, p. 71, point 184), Article 25 of that Convention is not limited to decisions which terminate a dispute in whole or in part, but also applies to provisional or interlocutory decisions. | 0 |
2,044 | 33
The Court has already held that the right of taxable persons to deduct VAT due or paid on goods purchased and services received as inputs from the VAT which they are liable to pay is a fundamental principle of the common system of VAT established by EU law. The right to deduct VAT is, therefore, an integral part of the VAT scheme and in principle may not be limited (see, inter alia, judgments of 6 December 2012, Bonik, C‑285/11, EU:C:2012:774, paragraphs 25 and 26, and the judgment of 22 June 2016, Gemeente Woerden, C‑267/15, EU:C:2016:466, paragraphs 30 and 31). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
2,045 | 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). | 58 As regards, second, the R case, the children concerned enjoy, as members of the family of a worker who is a national of one Member State and who is employed in the territory of another Member State, a right of residence and a right to pursue their education under Articles 10 and 12 of Regulation No 1612/68. | 0 |
2,046 | 57. In the case of supplies in connection with a party catering business such as that at issue in the main proceedings in Case C‑502/09, it may be noted inter alia that the existence of a single transaction is independent of whether the caterer issues a single invoice covering all the elements or issues a separate invoice for the supply of the food (see, to that effect, CPP , paragraph 31; Levob Verzekeringen and OV Bank , paragraph 25; and Everything Everywhere , paragraph 29).
Classification as a supply of goods or a supply of services | 39. However, since judgment was given in Lair and Brown , the Treaty on European Union has introduced citizenship of the Union into the EC Treaty and added to Title VIII (now Title XI) of Part Three a Chapter 3 devoted inter alia to education and vocational training ( Grzelczyk , paragraph 35). | 0 |
2,047 | 21 In that connection the Court has consistently held that an appeal is admissible only in so far as it is claimed that the decision of the Court of First Instance is incompatible with the rules of law the application of which it had to ensure (see Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 13). | 33. Therefore, it must be held that Directive 2004/18 permits the combining of the capacities of more than one economic operator for the purpose of satisfying the minimum capacity requirements set by the contracting authority, provided that the candidate or tenderer relying on the capacities of one or more other entities proves to that authority that it will actually have at its disposal the resources of those entities necessary for the execution of the contract. | 0 |
2,048 | 55. Lastly, with a view to giving the referring court a helpful answer, given that the answer to the questions referred for a preliminary ruling is needed in order that the referring court may determine whether there is a right to deduct in the circumstances of the main action, it must be recalled that there is a right to deduct where the input transactions effected have a direct and immediate link with output transactions giving rise to the right to deduct. If that is not the case, it is necessary to examine whether the costs incurred to acquire the input goods or services are part of the general costs linked to the taxable person’s overall economic activity. In either case, whether there is a direct and immediate link will depend on whether the cost of the input services is incorporated either in the cost of particular output transactions or in the cost of goods or services supplied by the taxable person as part of his economic activities ( Cibo Participations , paragraphs 31 and 33; SKF , paragraph 60; Case C‑118/11 Eon Aset Menidjmunt [2012] ECR I‑0000, paragraph 48; and Case C‑104/12 Becker [2013] ECR I‑0000, paragraphs 19 and 20). | 41. As a preliminary point, it should be noted that the Commission, like all the Community institutions, has a special obligation of transparency in regard to staff reporting, advancement and promotion of its agents, compliance with which is ensured by means of the formal procedure laid down in Articles 43 and 46 of the Staff Regulations. | 0 |
2,049 | 23
It must be observed that Article 148(c) of Directive 2006/112 exempts, inter alia, hire, repairs and maintenance if the latter pertains to something used for the operation of vessel covered by point (a) of that article. Essentially, Article 148(c) therefore lays down a requirement for the existence of a link between the supply of services made and the operation of the vessel concerned (see, to that effect, judgment of 4 July 1985, Berkholz, 168/84, EU:C:1985:299, paragraph 21). | 93. It should be added that, according to the Court’s settled case‑law, the Member States must not only interpret their national law in a manner consistent with EU law but also make sure they do not rely on an interpretation which would be in conflict with the fundamental rights protected by the EU legal order or with the other general principles of EU law (see Joined Cases C‑411/10 and C‑493/10 N.S. and Others [2011] ECR I‑13905, paragraph 77). | 0 |
2,050 | 45. The Court has thus held, in relation to a project to double an existing railway track, that a project of that kind can have a significant effect on the environment within the meaning of Directive 85/337, since it is likely to produce, inter alia, significant noise effects (Case C‑227/01 Commission v Spain [2004] ECR I‑8253, paragraph 49). In that case, the significant noise effects were brought about not by the works involved in doubling the railway track but by the foreseeable increase in rail traffic permitted precisely by the works involved in doubling the track. The same must apply to a project, such as the one in dispute in the main proceedings, which seeks to enable an increase in the activity of an airport and, consequently, in the intensity of air traffic. | 40 It follows that all the international commitments challenged in the principal claim must be assessed in relation to the provisions of Community law cited by the Commission in support of that claim which were in force at the time when those commitments were entered into or confirmed, namely in 1995 in any event. | 0 |
2,051 | 47. It has consistently been held that the principle of legal certainty, which in this case is the only potentially relevant superior rule, requires that rules imposing obligations on persons must be clear and precise so that they may know without ambiguity what are their rights and obligations and take steps accordingly (see, to that effect, Case 169/80 Gondrand Frères and Garancini [1981] ECR 1931, paragraph 17). | 11 National legislation which reserves the sale of products designed to correct a defect in a human bodily function to traders holding the relevant professional qualifications is intended to protect public health. The sale of contact lenses, even if ophthalmologists are responsible for prescribing them, cannot be regarded as a commercial activity like any other, since the vendor must be able to provide users with information on the use and care of the lenses. | 0 |
2,052 | 8 As regards vessels not used to pursue an economic activity, the Commission considers that, although registration of a pleasure craft does not concern conditions of employment in the strict sense, the opportunity for Community nationals to pursue leisure activities in the host Member State is a corollary of their right to freedom of movement under Articles 48 and 52 of the Treaty, which prohibit all discrimination on grounds of nationality. Under Article 7 of Regulation No 1251/70 and Article 7 of Directive 75/34, the same holds for persons entitled to remain in a Member State after working there. The Commission refers in that regard to the judgment in Commission v France, cited above, paragraphs 20 to 23. | 19. Finally, in so far as the French legislation requires legal persons owning vessels to have their seats in French territory and thus precludes the registration or management of a ship in the case of a secondary establishment such as an agency, branch or subsidiary, it is contrary to Articles 52 and 58 of the Treaty. | 1 |
2,053 | 38. In addition, the limitation based on nationality does not relate to specific matches between teams representing their respective countries but applies to official matches between clubs and thus to the essence of the activity performed by professional players. As the Court has also ruled, such a limitation cannot be justified on sporting grounds ( Bosman , paragraphs 128 to 137; Deutscher Handballbund , paragraphs 54 to 56). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
2,054 | 38. Nothing prevents that from also being the case where legislation is altered after the action has been brought and the complaint maintained by the Commission as regards the altered legislation was necessarily included in the complaint alleging a complete failure to comply with a judgment of the Court (see, by analogy, with respect to Article 226 EC, Case C‑456/03 Commission v Italy [2005] ECR I‑0000, paragraph 40). | 58 It follows that if an employer is also found to be at fault on the basis of the EPA, the penalty is not truly deterrent. Accordingly, the United Kingdom legislation does not comply on this point with the requirements of Article 5 of the Treaty. | 0 |
2,055 | 82. In that regard, in Case C‑107/94 Asscher [1996] ECR I‑3089, at paragraph 64, the Court took the view that the application of disadvantageous tax treatment, namely a higher rate of income tax, to non‑resident taxpayers who were not contributing to the social security scheme of the Netherlands was contrary to Article 52 of the Treaty and could not be justified by whether or not the taxpayer was insured under the particular national social security scheme. It stressed in that regard that the determination of the Member State in which the social contributions are paid merely results from the application of the system put in place by Regulation No 1408/71. The fact that certain taxpayers are not insured with a particular social security scheme and that the contributions to that scheme are consequently not levied on their income in the Member State in question can only derive, if it is justified, from the application, when determining the legislation applicable, of the binding general system set up by Regulation No 1408/71 (see, to that effect, Asscher , paragraph 60). | 78. S’agissant de l’allégation selon laquelle le Tribunal aurait manifestement dénaturé le contenu du tableau 3, il y a lieu de constater, ainsi que l’indique à juste titre la Commission dans son mémoire en réponse, que la République fédérale d’Allemagne a recours, au soutien de cette allégation, à de nouveaux éléments de preuve, tels que les annexes 3 et 4 au pourvoi, qui ne sauraient être pris en compte aux fins d’une dénaturation (voir, en ce sens, arrêt PKK et KNK/Conseil, C‑229/05 P, EU:C:2007:32, point 37). | 0 |
2,056 | 50. Accordingly, an appeal which merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the Court of First Instance, including those based on facts expressly rejected by that Court, does not satisfy the requirements to state reasons under the provisions referred to in the preceding paragraph (see, inter alia, Biegi Nahrungsmittel and Commonfood v Commission , paragraph 38; Koninklijke Coöperatie Cosun v Commission , paragraph 54; and order in Ricosmos v Commission , paragraph 71). Such an appeal amounts in reality to no more than a request for re-examination of the application submitted to the Court of First Instance, which the Court of Justice does not have jurisdiction to undertake (Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraph 35, and Case C‑76/01 P Eurocoton and Others v Council [2003] ECR I‑10091, paragraph 47). | 32. Dans ce contexte, la Cour a jugé qu’une livraison de biens n’est effectuée «à titre onéreux», au sens des articles 2, point 1, de la sixième directive et 2, paragraphe 1, sous a), de la directive 2006/112, et n’est dès lors taxable, que s’il existe entre le fournisseur et le bénéficiaire un rapport juridique au cours duquel des prestations réciproques sont échangées, la rétribution perçue par le fournisseur constituant la contre-valeur effective du bien livré au bénéficiaire (voir, notamment, en matière de prestations de services, arrêts précités Tolsma, point 14, et GFKL Financial Services, point 18). | 0 |
2,057 | 24. In that regard, first, it must be recalled that the second subparagraph of Article 4(5) of the Sixth Directive is intended to ensure compliance with the principle of neutrality of the tax, which precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (Case C-498/03 Kingscrest Associates and Montecello [2005] ECR I‑4427, paragraph 41) and that that provision envisages the situation in which bodies governed by public law engage, as entities subject to public law, namely under the special regime applicable to them, in activities or transactions which may also be engaged in, in competition with them, by private individuals under a regime governed by private law or on the basis of administrative concessions (see, to that effect, Joined Cases 231/87 and 129/88 Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 22). | 13 IN THE ABSENCE OF ANY SUCH INDICATION IN REGULATION NO 2787/81 , IT CANNOT BE ASSUMEND THAT THE COMMUNITY LEGISLATURE INTENDED , IN A REGULATION GOVERNING REFUNDS ON EXPORTS OF MEAT , TO HARMONIZE OR STANDARDIZE THE CUTTING AND BONING METHODS USED IN THE VARIOUS MEMBER STATES . ON THE CONTRARY , IT IS CLEAR FROM THE COMMISSION ' S REPLY TO A QUESTION PUT BY THE COURT THAT WHEN REGULATION NO 2787/81 WAS ADOPTED THE COMMISSION WAS AWARE OF THE DIFFERENCES IN THE EXACT MEANING OF THE TERMS USED IN THE REGULATION BUT CONSIDERED THAT THEY WERE OF MINOR IMPORTANCE AND DID NOT JUSTIFY MODIFYING THE EXISTING PRACTICES AND METHODS .
| 0 |
2,058 | 30 It is true that, according to the case-law of the Court, Member States may, for the purpose of ensuring fair trading and the protection of consumers, require the persons concerned to alter the description of a foodstuff where a product offered for sale under a particular name is so different, in terms of its composition or production, from the products generally understood as falling within that description within the Community that it cannot be regarded as falling within the same category (Case C-366/98 Geffroy [2000] ECR I-6579, paragraph 22). | 18 It must therefore be held that the requirements of due service and service in sufficient time constitute two separate and concurrent safeguards for a defendant who fails to appear . The absence of one of those safeguards is therefore a sufficient ground for refusal to recognize a foreign judgment . | 0 |
2,059 | 47
To ascertain whether or not a contested measure produces such effects, it is necessary to look to its substance (judgment of 22 June 2000, Netherlands v Commission, C‑147/96, EU:C:2000:335, paragraph 27 and the case-law cited). Those effects must be assessed in accordance with objective criteria, such as the contents of that measure, taking into account, as appropriate, the context in which it was adopted and the powers of the institution which adopted the measure (judgment of 13 February 2014, Hungary v Commission, C‑31/13 P, EU:C:2014:70, paragraph 55 and the case-law cited). | 63. In applying those principles, the undertaking in question can be viewed as carrying out the essential part of its activities with the controlling authority within the meaning of Teckal only if that undertaking’s activities are devoted principally to that authority and any other activities are only of marginal significance. | 0 |
2,060 | 27 Furthermore, as the Court has recently held, Community law does not in principle preclude the legislation of a Member State from laying down, alongside a limitation period applicable under the ordinary law to actions between private individuals for the recovery of sums paid but not due, special detailed rules governing claims and legal proceedings to challenge the imposition of charges and other levies (Case C-231/96 Edis v Ministero delle Finanze [1998] ECR I-4951, paragraph 37, and Case C-260/96 Ministero delle Finanze v Spac [1998] ECR I-4997, paragraph 21). | 30 Consequently, the answer to be given to the national tribunal must be that Article 12 of Regulation No 1612/68 must be interpreted as meaning that it refers to any form of education, including university courses in economics and advanced vocational training at a technical college .
E - The nature of the study finance | 0 |
2,061 | 35. Also, it is clear from settled case-law that the need for a uniform interpretation of the provisions of Community law means that, in cases of doubt, the text of a provision should not be considered in isolation in one of its versions, but requires, on the contrary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case C-321/96 Mecklenburg [1998] ECR I‑3809, paragraph 29, and Case C-311/06 Consiglio Nazionale degli Ingegneri [2009] ECR I‑0000, paragraph 53). The expression ‘ particularités topographiques ’ in the French version of Regulation No 1782/2003 must therefore be compared, for example, with the expression ‘landscape features’ in the English version of that regulation. | 27
Article 3(2) of that Framework Decision adds that that obligation is to apply at the pre-trial stage, at the trial stage itself and at the time of execution of the conviction, in particular with regard to the applicable rules of procedure, including the rules relating to the definition of the offence, the type and level of the sentence, and the rules governing the execution of the decision. Thus, recitals 2 and 7 of that Framework Decision state that a national court must be able to take account of convictions handed down in other Member States including how arrangements for enforcement might be implemented and that the effects of those convictions should be equivalent to the effects of national decisions at each of those procedural stages. | 0 |
2,062 | 23 The Court notes, first, that by including amongst the taxable transactions defined in Article 2 not only the importation of goods but also the supply of goods or services effected for consideration within the territory of a country and by defining taxable person in Article 4(1) as any person who independently carries out an economic activity, whatever the purpose or results of that activity, the Sixth Directive attributes to VAT a very wide scope (Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 6). | 61
The latter case related to private undertakings that had not been appointed by the State to administer a State resource, but were bound by an obligation to purchase by means of their own financial resources (see judgments of 17 July 2008, Essent Netwerk Noord and Others, C‑206/06, EU:C:2008:413, paragraph 74; of 19 December 2013, Association Vent De Colère! and Others, C‑262/12, EU:C:2013:851, paragraph 35; and order of 22 October 2014, Elcogás, C‑275/13, not published, EU:C:2014:2314, paragraph 32). | 0 |
2,063 | 62. The French Government's argument that no individual has ever lodged a complaint alleging incorrect application of the first subparagraph of Article 3(2) of Directive 90/313 must be rejected in the light of the Court's case-law, according to which failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, and the fact that such a failure had no adverse effects is irrelevant (see Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraphs 60 and 61, and Case C-333/99 Commission v France [2001] ECR I-1025, paragraph 37). It also follows that the argument that there has been no known case in practice in which the directive was infringed cannot be accepted (see Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 9). | 45. As pointed out by the Advocate General in point 71 of her Opinion, Article 3(3) of Directive 92/12 might be relevant only if the requirement were to be regarded as a ‘border-crossing formality’ giving rise to the levying of the excise duty. | 0 |
2,064 | 11 As the Court has consistently held (see, in particular, the judgment in Case 288/89 Collectieve Antennevoorziening Gouda v Commissariaat voor de Media [1991] ECR I-4007, paragraph 11), those exemptions alone can effectively be relied upon to justify national rules which are not applicable to services without distinction as regards their origin. | 42. Il convient d’ajouter que la Cour a également jugé qu’un État membre qui, lors de l’exécution d’une décision de la Commission en matière d’aides d’État, rencontre des difficultés imprévues et imprévisibles ou prend conscience de conséquences non envisagées par la Commission doit soumettre ces problèmes à l’appréciation de cette dernière en proposant des modifications appropriées de la décision en cause. Dans un tel cas, l’État membre et la Commission doivent, en vertu de la règle imposant aux États membres et aux institutions de l’Union des devoirs réciproques de coopération loyale, qui inspire, notamment, l’article 4, paragraphe 3, TUE, collaborer de bonne foi en vue de surmonter les difficultés dans le plein respect des dispositions du traité et, notamment, de celles relatives aux aides (arrêt du 22 décembre 2010, Commission/Italie, précité, point 37 et jurisprudence citée). | 0 |
2,065 | 37. It should be borne in mind that the duty to state reasons established by Article 296 TFEU is an essential procedural requirement which must be distinguished from the question whether the reasoning is well founded, which is concerned with the substantive legality of the measure at issue (see, to that effect, judgment in Commission v Sytraval and Brink’s France , C‑367/95 P, EU:C:1998:154, paragraph 67). The reasoning of a decision consists in a formal statement of the grounds on which that decision is based. If those grounds are vitiated by errors, the latter will vitiate the substantive legality of the decision, but not the statement of reasons in it, which may be adequate even though it sets out reasons which are incorrect (see judgment in Bertelsmann and Sony Corporation of America v Impala , C‑413/06 P, EU:C:2008:392, paragraph 181). It follows that objections and arguments intended to establish that a measure is not well founded are irrelevant in the context of a ground of appeal alleging an inadequate statement of reasons or a lack of such a statement. | 30. Since the wording of Regulation No 1103/97 offers no further guidance, it is appropriate to refer to the objectives of the regulation. | 0 |
2,066 | 18 The Court would reiterate that, according to its settled case-law, the provisions of Title II of Regulation No 1408/71, of which Article 14 forms part, constitute a complete and uniform system of conflict rules the aim of which is to ensure that workers moving within the Community shall be subject to the social security scheme of only one Member State, in order to prevent the system of legislation of more than one Member State from being applicable and to avoid the complications which may result from that situation (see, in particular, Fitzwilliam Technical Services, cited above, paragraph 20). | 44. The Portuguese authorities also point out that, even supposing that the existence of special rights in PT constitutes a restriction on the fundamental freedoms guaranteed by the Treaty and invoked by the Commission, such a restriction is justified. | 0 |
2,067 | 25
By reason of the spirit of cooperation in relations between the national courts and the Court of Justice in the context of the procedure for a preliminary ruling, the lack of such preliminary findings by the referring court does not lead to the request being inadmissible if, in spite of those failings, the Court, having regard to the information available from the file, considers that it is in a position to provide a useful answer to the referring court. That is the case, in particular, where the order for reference contains sufficient relevant information for it to be determined whether the conditions for application of a measure of secondary legislation are likely to be satisfied. Nevertheless, the answer provided by the Court is given subject to the proviso that the referring court has found that those conditions are met (see, by analogy, judgment of 11 December 2014, Azienda sanitaria locale n. 5 Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 48). | 31 Since the administrators of a pension scheme, although not party to the employment relationship, are called upon to pay out benefits which constitute pay within the meaning of Article 119, they must comply with that provision by doing all within their powers to ensure that the principle of equal treatment is observed in this respect, and scheme members must be able to rely upon it as against them. The effectiveness of Article 119 would be considerably diminished and the legal protection required to achieve real equality would be impaired if an employee could rely on that provision only as against the employer and not against the administrators of the scheme who are expressly charged with performing the employer' s obligations. | 0 |
2,068 | 34. In that connection, regard must be had to the settled case-law of the Court to the effect that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the competent courts are satisfied (see, in particular, Case C-347/00 Barreira Pérez [2002] ECR I-8191, paragraph 44, and Joined Cases C‑453/02 and C‑462/02 Linneweber and Akritidis [2005] ECR I‑1131, paragraph 41). | 39. Furthermore, Directives 77/780, 89/299 and 89/646 impose on the national authorities a number of supervisory obligations vis-à-vis credit institutions. | 0 |
2,069 | 99
If the national courts reach the conclusion that the measure at issue should have in fact been notified to the Commission, they must ascertain whether the Member State concerned has fulfilled that obligation and, if that is not the case, declare that measure unlawful (judgment of 19 March 2015, OTP Bank, C‑672/13, EU:C:2015:185, paragraph 68). | 41 Accordingly, the provision relating to technical, economic and organisational constraints must be interpreted in the light of the other provisions of Directive 75/439, as amended, in order to ensure that the directive is effective in its entirety. | 0 |
2,070 | 60. In the present case, it is thus necessary to examine in particular whether the restriction of the provision of games of chance via the internet, imposed by the national legislation at issue in the main proceedings, is suitable for achieving the objective or objectives invoked by the Member State concerned, and whether it does not go beyond what is necessary in order to achieve those objectives. In any event, those restrictions must be applied without discrimination (see, to that effect, Placanica and Others , paragraph 49). | 23. Since that article clearly extends insurance cover to all passengers, Ireland’s argument can be accepted only in so far as persons carried in a vehicle that was not designed for their transport could not be classified as ‘passengers’. | 0 |
2,071 | 55. Finally, such a system of prior authorisation cannot render legitimate discretionary conduct on the part of the national authorities which is liable to negate the effectiveness of the provisions of the Regulation. Consequently, it must be based on objective, non-discriminatory criteria which are known in advance to the undertakings concerned, in such a way as to circumscribe the exercise of the national authorities’ discretion, so that it is not used arbitrarily (see, to that effect, Analir and Others , paragraphs 37 and 38). | 27 Article 6 of the Regulation confirms that the certificate is to be granted to the holder of the basic patent or his successor in title. Article 1(c) mentions the basic patents which may be designated for the purpose of the procedure for the grant of a certificate, namely those which protect a product as such, a process to obtain a product or an application of a product. The Regulation thus seeks to confer supplementary protection on the holders of such patents, without instituting any preferential ranking amongst them. | 0 |
2,072 | 31
In that regard, the circumstances of the dispute in the main proceedings differ from those at issue in the cases which gave rise to the judgments of 16 September 2004, Merida (C‑400/02, EU:C:2004:537), and of 28 June 2012, Erny (C‑172/11, EU:C:2012:399), which the referring court refers to, and which concerned situations in which the benefits at issue were actually subject to tax in both Member States. Indeed, unlike the circumstances at issue in the main proceedings, the power to tax the benefits at issue in the cases giving rise to those judgments belonged, under the Tax Convention, to one Member State, while those benefits were subject to a notional tax deduction in the other Member State (see, judgments of 16 September 2004, Merida, C‑400/02, EU:C:2004:537, paragraphs 11 and 24, as well as of 28 June 2012, Erny, C‑172/11, EU:C:2012:399, paragraph 34). | 27. According to well‑established case‑law, Articles 5 to 7 of Directive 89/104 effect a complete harmonisation of the rules relating to the rights conferred by a trade mark and accordingly define the rights of proprietors of trade marks in the Union (see, inter alia, Case C‑324/08 Makro Zelfbedieningsgroothandel and Others [2009] ECR I‑0000, paragraph 20 and the case‑law cited). | 0 |
2,073 | 47. Moreover, to answer the question formulated by the defendant in the main proceedings referred to in paragraph 43 above would be incompatible with the function given to the Court by Article 35 EU and with its duty to ensure that the governments of the Member States and the parties concerned are given the opportunity to submit observations in accordance with Article 23 of the Statute of the Court of Justice, bearing in mind that under that provision only the order of the referring court is notified to the interested parties (see inter alia, with reference to Article 234 EC, Case C-352/95 Phytheron International [1997] ECR I‑1729, paragraph 14, and Kainuun Liikenne and Pohjolan Liikenne , paragraph 24).
The first question | 34. In so doing, the national legislation at issue in the main proceedings not only neutralises the advantage resulting from the inclusion of periods of training and service completed before the age of 18, but also places at a disadvantage only the civil servants disadvantaged by the previous system in so far as the extension to the periods for advancement is likely to apply to them alone. Consequently, with regard to those civil servants, the adverse effects of the system existing prior to the Amending Law have not ceased entirely. | 0 |
2,074 | 59. In that regard, it must be noted that none of the two exceptional situations set out in paragraph 41 above is established in the present case. First, as has been found in paragraph 53 above, the intention of the EU legislature to implement, by the adoption of Article 2(7) of the basic regulation, the particular obligations created by Article 2 of the Anti-Dumping Agreement, is not established. Secondly, Article 2(7) of the basic regulation does not refer expressly to a specific provision of the Anti-Dumping Agreement, the general reference to the provisions of that agreement in recital 5 of that regulation being insufficient in itself to conclude that there is such a reference (see, to that effect, the judgments in Van Parys , C‑377/02, EU:C:2005:121, paragraph 52; FIAMM and Others v Council and Commission , C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraphs 113 and 114; and Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht , C‑401/12 P to C‑403/12 P, EU:C:2015:4, paragraph 58). | 25. In addition, as an element of the system of judicial resolution of tax disputes, arbitration tribunals dealing with taxation meet the requirement of permanence. | 0 |
2,075 | 43. Thus, where there is a risk of overlap between rights under the legislation of the State of residence and rights under the legislation of the State of employment, provisions such as Articles 13 and 73 of Regulation No 1408/71 must be compared with the ‘anti-overlap’ rules appearing in the latter and in Regulation No 574/72 (see, to that effect, Dodl and Oberhollenzer , paragraph 49). | 18 It would certainly be possible in principle for such an undertaking to be accompanied by the deposit by the insurer of a guarantee, but this would involve the insurer in additional expense which would have to be passed on in the insurance premiums, with the result that the insured, who may moreover be subjected to double taxation on the sums payable under the contracts, would cease to have any interest in maintaining them. | 0 |
2,076 | 73. According to settled case-law relating to Article 253 EC and applicable to Article 15 CS, the statement of reasons required by that provision must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the Court to carry out its review. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see inter alia Case C-56/93 Belgium v Commission [1996] ECR I-723, paragraph 86; Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I-1719, paragraph 63; Case C-310/99 Italy v Commission [2002] ECR I-2289, paragraph 48; and Case C-5/01 Belgium v Commission , cited above, paragraph 68). | 48 Second, in a situation such as that in point in the main proceedings, the consumer and the professional vendor were indubitably linked contractually once Mr Gabriel had ordered goods offered by Schlank & Schick, thereby demonstrating his acceptance of the offer - including all conditions attaching thereto - which that company had sent to him in person. | 0 |
2,077 | 28. Accordingly, the Court concluded that the principle non bis in idem does not apply to situations in which the legal systems and competition authorities of non-member States intervene within their own jurisdiction (see SGL Carbon v Commission , paragraph 32, and Showa Denko v Commission , paragraph 56). | 51. Il s’ensuit que, contrairement à ce que prétend la Commission, une interprétation purement littérale du régime particulier des agences de voyages fondée sur le texte d’une ou de plusieurs versions linguistiques, à l’exclusion des autres, ne saurait prévaloir. Conformément à une jurisprudence constante, il y a lieu de considérer que les dispositions du droit de l’Union doivent être interprétées et appliquées de manière uniforme à la lumière des versions établies dans toutes les langues de l’Union. En cas de disparité entre les diverses versions linguistiques d’un texte de l’Union, la disposition en cause doit être interprétée en fonction de l’économie générale et de la finalité de la réglementation dont elle constitue un élément (arrêt du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31). | 0 |
2,078 | 53. Furthermore, although budgetary considerations may underlie a Member State’s choice of social policy and influence the nature or scope of the social protection measures which it wishes to adopt, they do not in themselves constitute an aim pursued by that policy and cannot therefore justify discrimination against one of the sexes (see Case C-343/92 Roks and Others [1994] ECR I-571, paragraph 35, and Steinicke , paragraph 66). | 58. It follows that a national legislature which, by virtue of the options afforded it by Article 4 of the Framework Decision, chooses to limit the situations in which its executing judicial authority may refuse to surrender a requested person merely reinforces the system of surrender introduced by that Framework Decision to the advantage of an area of freedom, security and justice. | 0 |
2,079 | 69. In that respect, it is true that nationals of a Member State cannot attempt, under cover of the rights created by the Treaty, improperly to circumvent their national legislation. They may not improperly or fraudulently take advantage of provisions of Community law (Case 115/78 Knoors [1979] ECR 399, paragraph 25; Case C‑61/89 Bouchoucha [1990] ECR I-3551, paragraph 14; Case C‑212/97 Centros [1999] ECR I-1459, paragraph 24; and Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraph 35). | 47. It follows that, in so far as the second limb of the second ground of appeal is directed against that reference, it is irrelevant and therefore unfounded. | 0 |
2,080 | 15. It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion (see, inter alia , Case C-200/88 Commission v Greece [1990] ECR I-4299, paragraph 13; and Case C-299/01 Commission v Luxembourg [2002] ECR I-5899, paragraph 11). In accordance with the second paragraph of Article 226 EC, if a Member State has put a stop to the infringement before the end of that period, the Commission may no longer bring an action before the Court of Justice. | 44. Where OHIM is called upon to give judgment in the context of opposition proceedings, taking such facts or evidence into account is particularly likely to be justified where OHIM considers, first, that the material which has been produced late is, on the face of it, likely to be relevant to the outcome of the opposition brought before it and, second, that the stage of the proceedings at which that late submission takes place and the circumstances surrounding it do not argue against such matters being taken into account. | 0 |
2,081 | 10 Access to and the exercise of certain self-employed activities may thus be conditional on compliance with provisions laid down by law, regulation or administrative action justified by the general interest, such as rules relating to organization, qualifications, professional ethics, supervision and liability (judgments in Case 71/76 Thieffry v Conseil de l' Ordre des Avocats à la Cour de Paris [1977] ECR 765, paragraph 12, and Case C-55/94 Gebhard v Consiglio dell' Ordine degli Avvocati e Procuratori di Milano [1995] ECR I-4165, paragraph 35). Those provisions may stipulate in particular that the exercise of a specific activity is restricted to persons presenting certain guarantees and subject to particular rules or supervision. | 47 Further serious incidents of the same type also occurred in 1996 and 1997. | 0 |
2,082 | 84. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 41. The only places which have a direct link to those services, provided in performance of obligations linked to the subject-matter of the contract, are those of the departure and arrival of the aircraft, since the words ‘places of departure and arrival’ must be understood as agreed in the contract of carriage in question, made with one sole airline which is the operating carrier. | 0 |
2,083 | 20. Consequently, the second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted in the light of the origins, objectives and scheme of that regulation (see, to that effect, Case C‑103/05 Reisch Montage [2006] ECR I‑6827, paragraph 29; Case C‑283/05 ASML [2006] ECR I‑12041, paragraphs 16 and 22; and Case C‑386/05 Color Drack [2007] ECR I-3699, paragraph 18). | 77. That conclusion is not affected by the fact that the applicable national provisions, in particular those set out in Paragraph 28 of the FeV 1999, have as their specific aim the indefinite extension of the temporal effects of a measure withdrawing or cancelling a previous licence and the reservation to the German authorities of the right to issue a new licence. As the Advocate General noted at point 75 of his Opinion, to allow a Member State to rely on its national provisions in order to refuse indefinitely to recognise a licence issued by another Member State would be fundamentally incompatible with the principle of the mutual recognition of driving licences which is the linchpin of the system established by Directive 91/439. | 0 |
2,084 | 57 It should be recalled that, according to settled case-law, recourse to justification on grounds of public policy under Article 56 of the Treaty presupposes the need to maintain a discriminatory measure in order to deal with a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, to that effect, Case 30/77 R v Bouchereau [1977] ECR I-1999, paragraph 35; Case C-114/97 Commission v Spain [1998] ECR I-6717, paragraph 46; Case C-348/96 Calfa [1999] ECR I-11, paragraph 21). It follows that there must be a direct link between that threat, which must, moreover, be current, and the discriminatory measure adopted to deal with it (see, to that effect, Case 352/85 Bond van Adverteerders and Others, paragraph 36; and Calfa, paragraph 24). | 42. Where there has been no prior publication of a contract notice, such a limitation period of six months is likely not to enable a person harmed to gather the necessary information with a view to a possible action, thus preventing that action from being brought. | 0 |
2,085 | 60. It is, however, clear from the Court’s settled case-law that such a declaration is insufficient to create a legal remedy not provided for by the applicable texts and that it cannot therefore be given any legal significance or be used in the interpretation of law emanating from the EU Treaty where, as in this case, no reference is made to the content of the declaration in the wording of the provision in question (see, to this effect, Case C-292/89 Antonissen [1991] ECR I-745, paragraph 18; Case C-329/95 VAG Sverige [1997] ECR I-2675, paragraph 23; and Case C-49/02 Heidelberger Bauchemie [2004] ECR I-6129, paragraph 17). | Il importe également de rappeler qu’il résulte de l’article 256, paragraphe 1, second alinéa, TFUE, de l’article 58, premier alinéa, du statut de la Cour de justice de l’Union européenne ainsi que de l’article 168, paragraphe 1, sous d), et de l’article 169, paragraphe 2, du règlement de procédure de la Cour qu’un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt dont l’annulation est demandée ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande (voir arrêt du 11 avril 2013, Mindo/Commission, C‑652/11 P, EU:C:2013:229, point 21). Ainsi, lorsqu’un requérant allègue une dénaturation des éléments de preuve par le Tribunal, il doit indiquer de façon précise les éléments qui auraient été dénaturés par celui-ci et démontrer les erreurs d’analyse qui, dans son appréciation, auraient conduit le Tribunal à cette dénaturation (voir, en ce sens, arrêt du 7 septembre 2016, Pilkington Group e.a./Commission, C‑101/15 P, EU:C:2016:631, point 62). | 0 |
2,086 | 33. As regards the possibility, under Article 183 of the VAT Directive, of providing that excess VAT is to be carried forward to the following tax period or refunded, the Court has made it clear that, while the Member States have a certain freedom in determining the conditions for the refund of excess VAT, those conditions cannot undermine the principle of fiscal neutrality by making the taxable person bear the burden of the VAT in whole or in part. In particular, such conditions must enable the taxable person, in appropriate circumstances, to recover the entirety of the credit arising from that excess VAT. This implies that the refund is made within a reasonable period of time by a payment in liquid funds or equivalent means, and that, in any event, the method of refund adopted must not entail any financial risk for the taxable person (see Commission v Italy , paragraphs 32 to 34, and Sosnowska , paragraph 17). | 26. The Court has likewise held that it is essential that the national court should give at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and on the link it establishes between those provisions and the national legislation applicable to the dispute (order in Case C-116/00 Laguillaumie [2000] ECR I-4979, paragraph 16, and the judgments in Carbonati Apuani , paragraph 11, and Enirisorse , paragraph 21). | 0 |
2,087 | 30 Moreover, according to the case-law of the Court, the essential function of a trade mark is to guarantee the identity of the origin of the marked product to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish the product or service from others which have another origin, and for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have originated under the control of a single undertaking which is responsible for their quality (see, in particular, Case C-349/95 Loendersloot [1997] ECR I-6227, paragraphs 22 and 24, and Case C-39/97 Canon [1998] ECR I-5507, paragraph 28). | 27 The principle of a true and fair view requires that the accounts reflect the activities and transactions which they are supposed to describe and that the accounting information be given in the form judged to be the soundest and most appropriate for satisfying third parties' needs for information, without harming the interests of the company. | 0 |
2,088 | 36. It follows from the case-law cited in paragraph 25 of this judgment that it is for the Court of Justice to ascertain whether the General Court, in its assessment of the facts and evidence, made an error of law by infringing general principles of law, such as the presumption of innocence and the applicable rules of evidence, such as those relating to the burden of proof and the taking of evidence (see, to that effect, Case C‑7/95 P Deere v Commission [1998] ECR I‑3111, paragraph 22; Case C‑8/95 P New Holland Ford v Commission [1998] ECR I‑3175, paragraph 26; Case C‑185/95 P Baustahlgewebe v Commission [1998] ERC I‑8417, paragraph 24; and Case C‑199/92 P Hüls v Commission [1999] ECR I‑4287, paragraph 65). | 12 The aim of the regulation is to improve the efficiency of Community agricultural structures in accordance with Community concepts and criteria, and for that purpose it introduces a common measure in Article 1 and provides that the European Agricultural Guidance and Guarantee Fund is to make a contribution to the measures concerning investments in agricultural holdings, without specifying the legal form of those holdings. | 0 |
2,089 | 86. Such national legislation, which disadvantages some nationals of a Member State simply because they have exercised their freedom to move and to reside in another Member State, amounts to a restriction on the freedoms conferred by Article 21(1) TFEU on every citizen of the Union (see D’Hoop , paragraph 35; Pusa , paragraph 20; De Cuyper , paragraph 39; and Rüffler , paragraph 73). | 54. Accordingly, since the repurchase in 1996 by Seleco of its outstanding debt to REL of ITL 65.2 billion for ITL 20 billion constitutes unlawful State aid, the Commission is entitled to order the Italian Republic to take the necessary measures to recover it (see, to that effect, Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 24). | 0 |
2,090 | 21. Suffice it to point out in this regard that, according to the settled case-law of the Court, in particular the above judgment in Durighello , cited by Bestattung Wien, it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (Durighello , paragraph 8). Consequently, since the questions referred involve the interpretation of Community law, the Court is, in principle, obliged to give a ruling. | 13 It follows from that provision that, for the purposes of Article 3(1 ) of Regulation No 1224/80, it is permitted to use not only the price of a sale concluded immediately before export from a non-member country, but also any of the prices relating to sales made after export but before release into free circulation in the Community, irrespective of the place where the parties to the contract of sale are established . | 0 |
2,091 | 37 As the Court made clear in paragraph 20 of the judgment in Ten Oever, cited above, by virtue of the judgment in Barber, cited above, the direct effect of Article 119 of the Treaty may be relied upon, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of employment subsequent to 17 May 1990, subject to the exception in favour of workers or those claiming under them who had, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law. | 42. Toutefois, cette répartition de la compétence fiscale ne permet pas aux États membres d’appliquer des mesures contraires aux libertés de circulation garanties par le traité FUE. En effet, en ce qui concerne l’exercice du pouvoir d’imposition ainsi réparti dans le cadre de conventions bilatérales préventives de la double imposition, les États membres sont tenus de se conformer aux règles de l’Union (arrêts précités de Groot, point 94; Renneberg, points 50 et 51, ainsi que Beker, points 33 et 34). | 0 |
2,092 | 43. It follows that the subject-matter of the proceedings under Article 226 EC is delimited by the pre-litigation procedure provided for in that provision. Accordingly, the application must be based on the same grounds and pleas as the reasoned opinion (see Case C‑287/00 Commission v Germany [2002] ECR I‑5811, paragraph 18; Case C‑305/03 Commission v United Kingdom [2006] ECR I‑1213, paragraph 22; and Commission v Lithuania , paragraph 22). | 89 Three series of arguments have been put forward to no avail in opposition to that ruling. | 0 |
2,093 | 19. In the absence of a definition in the Treaty of ‘movement of capital’ for the purposes of Article 56(1) EC, the Court has previously recognised the nomenclature which forms Annex I to Directive 88/361 as having indicative value, even though that directive was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (later Articles 69 and 70(1) of the EC Treaty; articles repealed by the Treaty of Amsterdam), it being understood that, in accordance with the introduction to that annex, the list it contains is not exhaustive (see, inter alia, Case C‑513/03 van Hilten-van der Heijden [2006] ECR I‑1957, paragraph 39; Eckelkamp and Others , paragraph 38; Arens-Sikken , paragraph 29; and Block , paragraph 19). Gifts and endowments appear under heading XI, ‘Personal capital movements’, of Annex I to Directive 88/361 (Case C‑318/07 Persche [2009] ECR I‑359, paragraph 24). | 23 Entitlement to a retirement pension under an occupational scheme is indissolubly linked to the right to join such a scheme. Membership would be of no interest to employees if it did not confer entitlement to the benefits provided by the scheme. | 0 |
2,094 | 69. Although it is thus for the Member States to legislate as regards the legal effects of cancellation, that power must be exercised in accordance with Community law and, in particular, the rules of the Directive interpreted in the light of its objective and in such a way as to ensure that it is fully effective. In fulfilling their obligations under a Directive the Member States are to take all the measures necessary to ensure that the directive is fully effective, in accordance with the objective it pursues (Case C-336/97 Commission v Italy [1999] ECR I-3771, paragraph 19, and Case C-324/01 Commission v Belgium [2002] ECR I-11197, paragraph 18). | 45 The Belgian and Austrian Governments consider that the advantages guaranteed to workers by the `timbres-intempéries' and `timbres-fidélité' schemes, as provided for by the CLA of 28 April 1988, constitute part of the minimum annual income of a construction worker within the meaning of the Belgian legislation. | 0 |
2,095 | 23. The Court has stated that the decisive factor for the purposes of the application of Regulation No 1408/71 is that there must be a direct and sufficiently relevant link between the provision in question and the legislation governing the branches of social security listed in Article 4 of Regulation No 1408/71 (judgments in Rheinhold & Mahla , EU:C:1995:144, paragraph 23; Commission v France , EU:C:2000:84, paragraph 35; and Commission v France , EU:C:2000:85, paragraph 33). | 90
As a consequence, while, as the Court has previously held, by raising of their own motion a plea involving matters of public policy which, a priori, has not been put forward by the parties, the EU courts do not go beyond the scope of the dispute that has been brought before them, or in any way infringe the rules of procedure relating to the presentation in the application of the subject matter of the dispute and the pleas in law (judgment of 2 December 2009, Commission v Ireland and Others, (C‑89/08 P, EU:C:2009:742, paragraph 35), the position would be different if, following their substantive examination of the contested measure, those courts, on the basis of a plea raised of their own motion, were to annul a measure to an extent that went beyond the annulment sought in the form of order they were duly requested to make, on the ground that such an annulment was necessary to remedy the unlawfulness established of their own motion in carrying out their substantive analysis. | 0 |
2,096 | 44. It must also be borne in mind that the principle of fiscal neutrality precludes, inter alia, economic operators carrying on the same activities from being treated differently as far as the levying of VAT is concerned ( Kügler , cited above, paragraph 30). | 72. It is true, as Nuova Agricast claims, that the original application and the amended application both sought to obtain funding in respect of the same project and that the reformulation could not relate to the essential elements of the project but only to the elements taken into account by the indicators, which served to establish the ranking of the application in the list drawn up under the invitation to apply under which it was lodged. | 0 |
2,097 | 34. The Court has also held that the first subparagraph of Article 2(1) of the Second Directive simply repeats that obligation, with respect to provisions or clauses in an insurance policy referred to in that article excluding from the cover provided by insurance against civil liability in respect of the use of motor vehicles, damage or injury suffered by third parties who have been victims of an accident caused by the use or driving of an insured vehicle by persons not authorised to drive the vehicle, persons not holding a driving licence, or persons in breach of the statutory technical requirements concerning the condition and safety of the vehicle ( Ruiz Bernáldez , paragraph 21; Candolin and Others , paragraph 19; and Carvalho Ferreira Santos , paragraph 30). | 36. Ainsi, pareil octroi de CCP multiples portant sur des «produits» distincts permet de rétablir une durée de protection effective suffisante du brevet, et uniforme s’agissant des deux CCP susmentionnés, en permettant à son titulaire de bénéficier d’une période d’exclusivité supplémentaire à l’expiration du brevet de base destinée à compenser, au moins partiellement, le retard pris dans l’exploitation commerciale de son ou de ses inventions en raison du laps de temps qui s’est écoulé entre la date du dépôt de la demande de brevet et celle de l’obtention de la première AMM dans l’Union européenne (voir arrêts du 11 novembre 2010, Hogan Lovells International, C‑229/09, Rec. p. I‑11335, point 50; ainsi que Actavis Group PTC et Actavis UK, précité, point 31). | 0 |
2,098 | 78. In this connection the Court has also held, as regards the transfer of the place of effective management of a company from one Member State to another Member State, that that fact cannot mean that the Member State of origin has to abandon its right to tax a capital gain which arose within the ambit of its powers of taxation before the transfer (see, to that effect, Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 59, and National Grid Indus , paragraph 46). Accordingly, the Court has held that, in accordance with the principle of fiscal territoriality linked to a temporal component, namely the taxpayer’s residence for tax purposes within national territory during the period in which the capital gains arise, a Member State is entitled to charge tax on those gains at the time when the taxpayer leaves the country (see N , paragraph 46, and National Grid Indus , paragraph 46). | 188. In those circumstances, and given the requirements of unity of the European Union legal order and its coherence, the concepts used by that body of directives must have the same meaning, unless the European Union legislature has, in a specific legislative context, expressed a different intention. | 0 |
2,099 | 51. A cash-flow disadvantage which arises from a cross-border situation can form a restriction on a fundamental freedom where such a disadvantage does not arise in a purely national situation (see, to that effect, judgments in Metallgesellschaft and Others , C‑397/98 and C‑410/98, EU:C:2001:134, paragraphs 44, 54 and 76; X and Y , C‑436/00, EU:C:2002:704, paragraphs 36 and 37; Rewe Zentralfinanz , C‑347/04, EU:C:2007:194, paragraphs 26 to 30; National Grid Indus , C‑371/10, EU:C:2011:785, paragraphs 36 and 37; DMC , C‑164/12, EU:C:2014:20, paragraphs 40 to 43; and Commission v Germany , C‑591/13, EU:C:2015:230, paragraphs 55 to 61). | 23. The right to family reunification under Article 10 of Regulation No 1612/68 does not entail for members of the families of migrant workers any autonomous right to free movement, since that provision benefits the migrant worker whose family includes a national of a third country (see, in respect of Article 11 of Regulation No 1612/68, Case C‑10/05 Mattern and Cikotic [2006] ECR I-3145, paragraph 25). | 0 |
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