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2,100 | 19. The provisions in Article 10a of Regulation No 1408/71 derogating from the principle of the exportability of social security benefits must be interpreted strictly. That provision can apply only to benefits which satisfy the conditions defined in Article 4(2a) of Regulation No 1408/71, that is, benefits which are both special and non-contributory and which are listed in Annex IIa to that regulation (see Case C-215/99 Jauch , cited above, paragraph 21). | 64. Il s’ensuit que, aux fins d’infliger une amende d’un montant susceptible de dissuader les entreprises concernées de violer, à l’avenir, les règles du droit de la concurrence de l’Union, il convient de prendre en considération la taille et les ressources globales de ces dernières au moment de l’adoption de la décision litigieuse (voir, en ce sens, ordonnance du 7 février 2012, Total et Elf Aquitaine/Commission, C‑421/11 P, point 82). En conséquence, la taille et les ressources globales éventuellement réduites desdites entreprises à un stade antérieur de l’infraction sont sans incidence pour la fixation d’un coefficient multiplicateur aux fins de dissuasion. | 0 |
2,101 | 121. In accordance with the Court’s settled case-law, it follows from the second paragraph of Article 10 EC in conjunction with the third paragraph of Article 249 EC and the directive in question itself that, during the period prescribed for transposition of a directive, the Member States to which it is addressed must refrain from taking any measures liable seriously to compromise the attainment of the result prescribed by it ( Inter-Environnement Wallonie , paragraph 45; Case C‑14/02 ATRAL [2003] ECR I-4431, paragraph 58; and Mangold , paragraph 67). In this connection it is immaterial whether or not the provision of national law at issue which has been adopted after the directive in question entered into force is concerned with the transposition of the directive ( ATRAL , paragraph 59 and Mangold , paragraph 68). | 67. First, the Court has already held that, during the period prescribed for transposition of a directive, the Member States must refrain from taking any measures liable seriously to compromise the attainment of the result prescribed by that directive ( Inter-Environnement Wallonie , paragraph 45). | 1 |
2,102 | 11 Moreover, the equivalence of a diploma obtained in another Member State must be assessed with sole regard to the degree of knowledge and qualifications which that diploma, taking into account the nature and duration of the studies and practical training certified to have been completed, allows to be presumed on the part of the holder (judgment in Case 168/85, at paragraph 13). | 46. In the present case, there is phonetic and visual similarity between the names ‘Parmesan’ and ‘Parmigiano Reggiano’, and that in a situation where the products at issue are hard cheeses, grated or intended to be grated, namely, where they have a similar appearance (see, to that effect, Consorzio per la tutela del formaggio Gorgonzola , paragraph 27). | 0 |
2,103 | 67. The Court has also held that, so long as the Commission has not taken a decision approving aid, and so long as the period for bringing an action against such a decision has not expired, the recipient cannot be sure as to the lawfulness of the proposed aid which alone is capable of giving rise to a legitimate expectation on his part (Case C‑91/01 Italy v Commission [2004] ECR I‑4355, paragraph 66). | 70 In that regard, it is for the national court to assess whether, in view of the overriding requirements of enforcement and prevention, as well as of the amount of the taxes in question and the level of the penalties actually imposed, those penalties do not appear so disproportionate to the gravity of the infringement that they become an obstacle to the freedoms enshrined in the Treaty. | 0 |
2,104 | 26. In that regard, it should first be noted that, whilst the third paragraph of Article 50 EC refers only to the active provision of services, where the provider moves to the beneficiary of the services, it is apparent from well-established case‑law that the freedom to provide services includes the freedom of the persons for whom the services are intended to go to another Member State, where the provider is, in order to enjoy the services there (Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraphs 10 and 16). | 28. As regards the first of those points, suffice it to note that, according to Dodl and Oberhollenzer , in the determination of whether or not a person comes within the scope ratione personae of Regulation No 1408/71, the existence of an employment relationship is irrelevant, as the determining factor in this regard is the fact that that person is insured, compulsorily or on an optional basis, for one or more of the contingencies covered by a general or special social security scheme mentioned in Article 1(a) of that regulation ( Dodl and Oberhollenzer , paragraph 31). | 0 |
2,105 | 46. However, according to settled case-law, the need for a uniform interpretation of Community regulations makes it impossible for the text of a provision to be considered in isolation but requires, on the cont rary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 46). | 45 It should be noted, first of all, that under Articles 56 and 66 of the EC Treaty Member States may limit freedom to provide services on grounds of public health. | 0 |
2,106 | 82. First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined. ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 89; Enirisorse , paragraph 32; and Servizi Ausiliari Dottori Commercialisti , paragraph 62). | 34. The Court has stated in this regard, in paragraphs 39 and 40 of Pokrzeptowicz-Meyer , that, although the first indent of Article 37(1) of the Association Agreement with Poland does not lay down a principle of free movement for Polish workers within the Community, whereas Article 48 of the Treaty establishes for the benefit of Member State nationals the principle of free movement for workers, it follows from a comparison of the aims and context of the Association Agreement with Poland, on the one hand, with those of the EC Treaty, on the other hand, that there is no ground for giving to the first indent of Article 37(1) of that Association Agreement a scope different from that which the Court has recognised Article 48(2) of the Treaty as having. | 0 |
2,107 | 85. In addition, it must be pointed out that, according to that case-law, and in accordance with paragraphs 39 and 40 of the present judgment, when the conditions to be fulfilled so that individuals may rely on the provisions of a directive before the national courts are met, all Member State authorities, including decentralised authorities such as the Länder , cities and towns or municipalities, as the case may be, in their capacity as public employers, are obliged by that fact alone to apply those provisions (see, to that effect, Costanzo , paragraphs 30 to 33, and Fuß , paragraphs 61 and 63). | 32 With specific regard to Article 29(5 ) of Directive 71/305, it is apparent from the discussion of the first question that it is unconditional and sufficiently precise to be relied upon by an individual against the State . An individual may therefore plead that provision before the national courts and, as is clear from the foregoing, all organs of the administration, including decentralized authorities such as municipalities, are obliged to apply it . | 1 |
2,108 | 40. In any event, even if the carrying-out of a subsequent assessment regarding the environmental impact of the third incinerator line were capable of bringing the alleged failure to fulfil obligations to an end, clearly such an assessment had not been initiated at the end of the period laid down in the reasoned opinion, the date by reference to which the situation prevailing in the Member State has to be examined with a view to determining whether it has failed to fulfil its obligations (see, inter alia, Case C‑433/03 Commission v Germany [2005] ECR I‑6985, paragraph 32). | 34. In so far as loan transactions such as those at issue in the main proceedings were, on 1 July 1984, subject to taxation as referred to in Article 4(2) of Directive 69/335, the Republic of Poland could therefore, at the time of its accession to the Union, decide to continue to make transactions of that type subject to capital duty. | 0 |
2,109 | 68. Article 87(1) EC requires it to be determined whether, under a particular statutory scheme, a State measure is such as to favour ‘certain undertakings or the production of certain goods’ in comparison with others which, in the light of the objective pursued by the system in question, are in a comparable legal and factual situation (Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 41, and Case C-409/00 Spain v Commission [2003] ECR I-1487, paragraph 47). If that is the case, the measure concerned satisfies the condition of selectivity which is a constituent of the concept of State aid under that provision ( GEMO , paragraph 35, and Spain v Commission , paragraph 47). | 105. By the second part of the seventh plea, the appellants contend that the European Union does not have legislative competence to determine the rules governing attribution of infringements in the context of the relationship between a parent company and its subsidiary and that it is for the legislature and not the European Union judicature to define a rule of law as elementary as the concept of a perpetrator of an infringement of the competition rules. | 0 |
2,110 | 16. In deciding whether an agreement is prohibited by Article 81(1) EC, there is therefore no need to take account of its actual effects once it appears that its object is to prevent, restrict or distort competition within the common market (Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299, 342, and Case C‑105/04 P Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission [2006] ECR I‑8725, paragraph 125). That examination must be made in the light of the agreement’s content and economic context (Joined Cases 29/83 and 30/83 Compagnie royale asturienne des mines and Rheinzink v Commission [1984] ECR 1679, paragraph 26, and Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraph 66). | 86
Further, it must be observed that, according to recital 3 in the preamble of Directive 2012/30, the aim of that directive is to ensure minimum equivalent protection for both shareholders and creditors of public limited liability companies. To that end, that directive coordinates the national provisions relating to the formation of such companies, and to the maintenance, increase and reduction of their capital. | 0 |
2,111 | 44. The exhaustive list set out in the first paragraph of Article 24 of Directive 93/37 does not however preclude the option for Member States to maintain or adopt substantive rules designed, in particular, to ensure, in the field of public procurement, observance of the principle of equal treatment and of the principle of transparency entailed by the latter, principles which are binding on contracting authorities in any procedure for the award of a public contract (see, to that effect, ARGE , paragraph 24, and Case C‑421/01 Traunfellner [2003] ECR I‑11941, paragraph 29). | 67. Under that system of division of powers, it is for the Commission, before registering a designation in the category applied for, to verify, in particular, first, that the specification which accompanies the application complies with Article 4 of Regulation No 2081/92, that is to say that it contains the required information and that that information does not appear to contain obvious mistakes, and, second, on the basis of the information contained in the specification, that the designation satisfies the requirements of Article 2(2)(a) or (b) of Regulation No 2081/92 (see Carl Kühne and Others , paragraph 54). | 0 |
2,112 | 39. To require those who, among the residents of a Member State, are insured under the social security scheme of another Member State to finance, in addition, even if only partially, the social security scheme of the Member State of residence would give rise to unequal treatment under Article 13 of Regulation No 1408/71, since all other residents of the latter Member State are required to contribute only to its social security scheme (see, to that effect, judgments in Commission v France , EU:C:2000:84, paragraphs 45 to 48, and Commission v France , EU:C:2000:85, paragraphs 42 to 45). | 46. With respect, finally, to the right of residence of a person who is a third country national in the Member State of residence of his minor children, nationals of that Member State, who are dependant on him and of whom he and his spouse have joint custody, the Court has held that the refusal to grant a right of residence would have the consequence that those children, who are citizens of the Union, would have to leave the territory of the Union in order to accompany their parents, and that those citizens of the Union would, in fact, be unable to exercise the substance of the rights conferred by their status ( Ruiz Zambrano , paragraphs 43 and 44). | 0 |
2,113 | 49
Consequently, it would be impossible to deduce from the letters of 19 June 2014 what position the Commission had adopted on the requests to act that had been sent to it and, in particular, whether it would act, and, if so, when it intended to ask the EFSA to proceed with its assessment of the health claims relating to botanical substances. In accordance with the judgment of the Court of 22 May 1985, Parliament v Council (13/83, EU:C:1985:220, paragraph 25), such an evasive reply is not capable of constituting a defined position sufficient to bring an end to the failure to act. | 93. As far as the award criteria themselves are concerned, it is a fortiori clear that they must not be amended in any way during the tender procedure. | 0 |
2,114 | 29. For the purpose of replying to the question referred, it is appropriate to note, first, that the system of protection introduced by Directive 93/13 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. This 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 (Joined Cases C‑240/98 to C‑244/98 Océano Grupo Editorial and Salvat Editores [2000] ECR I‑4941, paragraph 25, and Case C‑168/05 Mostaza Claro [2006] ECR I‑10421, paragraph 25). | 41. In accordance with the case-law, unfavourable tax treatment contrary to a fundamental freedom cannot be considered to be compatible with European Union law as a result of the existence of other advantages, even supposing that such advantages exist (see, to that effect, Case C‑35/98 Verkooijen [2000] ECR I-4071, paragraph 61, and Amurta , paragraph 75). | 0 |
2,115 | 26
It should be recalled that, according to settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments of 22 December 2008, Regie Networks, C‑333/07, EU:C:2008:764, paragraph 46; of 8 September 2009, Budějovický Budvar, C‑478/07, EU:C:2009:521, paragraph 63; and of 22 June 2010, MelkiandAbdeli, C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 27). | 56. Il s’ensuit que les produits en cause tombent sous l’interdiction prévue audit article 6, paragraphe 1, premier alinéa, de sorte que les États membres ne peuvent en empêcher ou en restreindre la libre circulation, la mise sur le marché ou l’utilisation sur leur territoire. | 0 |
2,116 | 63. In that regard, it should be noted that the Court has already held that migrant and frontier workers, since they have participated in the labour market of a Member State, have in principle created a sufficient link of integration with the society of that State, allowing them to benefit from the principle of equal treatment, as compared, respectively with national workers and resident workers. The link of integration arises, in particular, from the fact that, through the taxes which they pay in the host Member State by virtue of their employment there, migrant and frontier workers also contribute to the financing of the social policies of that State (see, to that effect, Case C-379/11 Caves Krier Frères [2012] ECR I-0000, paragraph 53). | 33 THUS IT IS APPARENT FROM THE FOREGOING THAT CONSIDERATION OF REGULATION NO 1162/76 , IN THE LIGHT OF THE DOUBTS EXPRESSED BY THE VERWALTUNGSGERICHT , HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF THAT REGULATION ON ACCOUNT OF ITS BEING CONTRARY TO THE REQUIREMENTS FLOWING FROM THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE COMMUNITY .
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2,117 | 29. It should be noted that individuals are entitled to effective judicial protection of the rights they derive from the Community legal order, and the right to such protection is one of the general principles of law stemming from the constitutional traditions common to the Member States. That right has also been enshrined in Articles 6 and 13 of the ECHR (see, in particular, Case 222/84 Johnston [1986] ECR 1651, paragraph 18, and Case C-50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I-6677, paragraph 39). | 18 LE CONTROLE JURIDICTIONNEL IMPOSE PAR CET ARTICLE EST L ' EXPRESSION D ' UN PRINCIPE GENERAL DE DROIT QUI SE TROUVE A LA BASE DES TRADITIONS CONSTITUTIONNELLES COMMUNES AUX ETATS MEMBRES . CE PRINCIPE A EGALEMENT ETE CONSACRE PAR LES ARTICLES 6 ET 13 DE LA CONVENTION EUROPEENNE DE SAUVEGARDE DES DROITS DE L ' HOMME ET DES LIBERTES FONDAMENTALES , DU 4 NOVEMBRE 1950 . COMME IL A ETE RECONNU PAR LA DECLARATION COMMUNE DE L ' ASSEMBLEE , DU CONSEIL ET DE LA COMMISSION , EN DATE DU 5 AVRIL 1977 ( JO C 103 , P . 1 ), ET PAR LA JURISPRUDENCE DE LA COUR , IL CONVIENT DE TENIR COMPTE DES PRINCIPES DONT S ' INSPIRE CETTE CONVENTION DANS LE CADRE DU DROIT COMMUNAUTAIRE .
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2,118 | 41 First of all, the Commission has not denied that the applicant is individually concerned. Having regard to the circumstances of the case, the Court considers that only the question whether the contested decision is of direct concern to the applicant need be examined. | 35. Such an interpretation would not be incompatible with the aims of Directive 75/442. There is no reason to hold that the provisions of Directive 75/442 which are intended to regulate the disposal or recovery of waste apply to goods, materials or raw materials which have an economic value as products regardless of any form of processing and which, as such, are subject to the legislation applicable to those products. | 0 |
2,119 | 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). | S’agissant du critère de l’association, prévu aux dispositions pertinentes du règlement n° 267/2012 et de la décision 2010/413,
c’est sans commettre d’erreur de droit que le Tribunal a jugé, au point 114 de l’arrêt attaqué, que ce critère est rempli
lorsqu’une entité appartient à une entité fournissant un appui au gouvernement iranien ou est contrôlée par celle-ci. En effet,
ainsi que la Cour l’a déjà jugé, lorsque les fonds d’une entité sont gelés, il existe un risque non négligeable que celle‑ci
exerce une pression sur les entités qu’elle détient ou contrôle, pour contourner l’effet des mesures qui la visent, si bien
que le gel des fonds de ces entités est nécessaire et approprié pour assurer l’efficacité des mesures adoptées et garantir
que ces mesures ne seront pas contournées (voir, en ce sens, arrêt du 13 mars 2012, Melli Bank/Conseil, C‑380/09 P, EU:C:2012:137,
point 58). Le lieu où sont situées ces entités détenues ou contrôlées importe peu, dès lors que cela ne modifie pas l’existence
d’un risque non négligeable de voir une pression exercée par l’entité dont les fonds sont gelés. | 0 |
2,120 | 38. As regards the provisions of European Union law which may be the subject of a ruling of the Court of Justice under Article 267 TFEU, it must be recalled that the Court of Justice has jurisdiction to give a preliminary ruling on the validity and interpretation of all acts of the institutions of the European Union without exception (see Case C‑322/88 Grimaldi [1989] ECR 4407, paragraph 8, and Case C‑11/05 Friesland Coberco Dairy Foods [2006] ECR I‑4285, paragraphs 35 and 36). | 36. According to settled case-law, that provision confers on the Court jurisdiction to give a preliminary ruling on the validity and interpretation of all acts of the institutions of the Community without exception (Case C-322/88 Grimaldi [1989] ECR 4407, paragraph 8). | 1 |
2,121 | 42. However, the Court of Justice has stated that the Member States must exercise their powers in that field in compliance with European Union law and that national provisions which govern compensation for road traffic accidents may not deprive the First, Second and Third Directives of their effectiveness ( Marques Almeida , paragraph 31 and the case-law cited). | 39. Le fait que, dans l’affaire ayant donné lieu à l’arrêt Marks & Spencer, précité, le contribuable ne disposait que d’une voie de recours, tandis que, dans l’affaire en cause au principal, le contribuable dispose de deux voies de recours, ne saurait, dans des circonstances telles que celles portées devant la juridiction de renvoi, conduire à un résultat différent. | 0 |
2,122 | 47
In the second place, Article 5(1) of Directive 2001/23 requires the bankruptcy proceedings or any analogous insolvency proceedings to be instituted with a view to liquidation of the assets of the transferor. In that regard it is clear, as follows from the case-law of the Court, that a procedure aimed at ensuring the continuation of the undertaking in question does not satisfy that requirement (see, to that effect, judgments of 25 July 1991, d’Urso and Others, C‑362/89, EU:C:1991:326, paragraphs 31 and 32, and of 7 December 1995, Spano and Others, C‑472/93, EU:C:1995:421, paragraph 25). | 52 None of those arguments can be upheld. | 0 |
2,123 | 33. With reference to that recital, the Court held that the centre of a debtor’s main interests must be identified by reference to criteria that are both objective and ascertainable by third parties, in order to ensure legal certainty and foreseeability concerning the determination of the court with jurisdiction to open the main insolvency proceedings ( Eurofood IFSC , paragraph 33, and Interedil , paragraph 49). | 43. Il convient de relever, dans ce contexte, qu’il ressort de la jurisprudence que, au sens de la directive 92/51, la notion de «cycle d’études postsecondaires» est distincte de celle de «stage professionnel» et que des périodes de stage ne sauraient donc être incluses dans le calcul de la durée des études postsecondaires (voir, en ce sens, arrêt du 29 avril 2004, Beuttenmüller, C‑102/02, Rec. p. I‑5405, point 64). | 0 |
2,124 | 53. In that connection, the Court has held that the observance of the right to a fair trial requires that all judgments be reasoned to enable the defendant to see why judgment has been pronounced against him and to bring an appropriate and effective appeal against it (see, to that effect, ASML , paragraph 28). | Cette conclusion ne saurait être remise en cause par l’argument tiré de ce que l’adoption d’une majoration à des fins dissuasives,
telle que celle visée dans les lignes directrices de 2006, ne pouvait être raisonnablement prévue, dès lors qu’il découle
clairement des règles juridiques pertinentes et de la jurisprudence de la Cour relative à celles‑ci que le caractère dissuasif
de la sanction constituait l’un des éléments à prendre en compte dans le calcul du montant de l’amende bien avant l’entrée
en vigueur de ces lignes directrices. | 0 |
2,125 | 16. It should be noted that, according to settled case-law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union must be considered to be measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C‑108/09 Ker-Optika [2010] ECR I‑12213, paragraph 47). | 20. Since the question referred refers both to the provisions of the Treaty relating to the freedom of establishment, the freedom to provide services and the free movement of capital, it is necessary first to determine which freedom is at issue in the main proceedings. | 0 |
2,126 | 26 The Commission submits that the judgment in Leussink and Others v Commission censures the cumulative award of the capital sum paid under Article 73 of the Staff Regulations and of damages sought by way of an action for reparation of a fault under ordinary law. This limb of the plea, it contends, has no basis in law inasmuch as the appellant maintains that the Court of First Instance disregarded the principle laid down in Leussink and Others v Commission. | 95
Relevant considerations in this respect include factors such as the seriousness of the infringement and the length of time for which the infringement has persisted since the delivery of the judgment establishing it (judgment of 15 October 2015 in Commission v Greece, C‑167/14, EU:C:2015:684, paragraph 76). | 0 |
2,127 | 7 Questions of interpretation arose concerning the condition of release for free circulation and release for consumption of the goods in the country of destination and the Cour d' Appel thereupon stayed proceedings and referred the following questions to the Court for a preliminary ruling:
"1. Are the EEC rules applicable in this case, in particular Regulation No 1041/67/EEC of the Commission and Article 6 of Regulation (EEC) No 876/68 of the Council, to be interpreted as meaning that the payment of refunds is subject to the products being put in free circulation in a non-member country?
If so, do the principles laid down in the Court' s judgments in Case 125/75 Eier-Kontor v Hauptzollamt Hamburg-Jonas [1976] ECR 771 and in Case 6/71 Rheinmuehlen v Einfuehr- und Vorratsstelle fuer Getreide [1971] ECR 823 and in the judgments concerning payment of monetary compensatory amounts which may be equated with refunds (Case 250/80 Anklagemyndigheden v Toepfer [1981] ECR 2465 and Case 254/85 Irish Grain Board v Minister for Agriculture [1986] ECR 3309) make the exporter responsible for the objective performance of that obligation, which would preclude his being relieved on the ground that he did not participate in the fraud or acted in good faith, which Advocate General Dutheillet de Lamothe treated as equivalent to force majeure in his Opinion in Case 6/71?
2. Can re-importation into the Community, that is where the products have not been put into free circulation in a non-member country ° whether or not any fraud has taken place ° be described as an 'unforeseeable' event when the Community rules regard it as a risk, a possibility against which the Community' s regulations guard?
3. Can the exporter' s good faith be treated in the same way as a case of force majeure when he could have avoided the consequences of the failure to put the products into free circulation by ensuring through contractual means that the purchasers did not fraudulently divert the products from the required destination (judgment in Case 4/68 Schwarzwaldmilch v Einfuehr- und Vorratsstelle [1968] ECR 377 ° definition of force majeure ° judgment in Case 254/85 Irish Grain Board, cited above, at paragraphs 12 and 13)?" | 34. En effet, pour autant que les dispositions de droit interne invoquées par la République de Pologne étaient en vigueur à l’expiration du délai fixé dans l’avis motivé, elles doivent être prises en compte par la Cour pour apprécier la réalité de ce manquement (arrêts Commission/Italie, EU:C:2005:388, point 48, et Commission/Espagne, EU:C:2013:690, point 50). | 0 |
2,128 | 81. That rule is an expression of the democratic principles on which the European Union is founded. In particular, the Court has already stated that the Parliament’s involvement in the decision-making process is the reflection, at EU level, of the fundamental democratic principle that the people should participate in the exercise of power through the intermediary of a representative assembly (see, to that effect, Case 138/79 Roquette Frères v Council EU:C:1980:249, paragraph 33, and Parliament v Council EU:C:2012:472, paragraph 81). | 33 THE CONSULTATION PROVIDED FOR IN THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ), AS IN OTHER SIMILAR PROVISIONS OF THE TREATY , IS THE MEANS WHICH ALLOWS THE PARLIAMENT TO PLAY AN ACTUAL PART IN THE LEGISLATIVE PROCESS OF THE COMMUNITY , SUCH POWER REPRESENTS AN ESSENTIAL FACTOR IN THE INSTITUTIONAL BALANCE INTENDED BY THE TREATY . ALTHOUGH LIMITED , IT REFLECTS AT COMMUNITY LEVEL THE FUNDAMENTAL DEMOCRATIC PRINCIPLE THAT THE PEOPLES SHOULD TAKE PART IN THE EXERCISE OF POWER THROUGH THE INTERMEDIARY OF A REPRESENTATIVE ASSEMBLY . DUE CONSULTATION OF THE PARLIAMENT IN THE CASES PROVIDED FOR BY THE TREATY THEREFORE CONSTITUTES AN ESENTIAL FORMALITY DISREGARD OF WHICH MEANS THAT THE MEASURE CONCERNED IS VOID .
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2,129 | 31. Moreover, the Court has repeatedly held that, under the system established by Article 226 EC, the Commission enjoys a discretionary power as to whether it will bring an action for failure to fulfil obligations and it is not for the Court to judge whether that discretion was wisely exercised (see, inter alia , Case C-236/99 Commission v Belgium [2000] ECR I-5657, paragraph 28). It is therefore a matter for the Commission alone to decide whether it will continue such an action (see, to that effect, Case C-474/99 Commission v Spain [2002] ECR I-5293, paragraph 25), all the more so since, even where the default has been remedied after the time-limit given in the reasoned opinion has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur, as a result of its default, towards other Member States, the Community or private parties (see to that effect, inter alia , Case C-166/00 Commission v Greece [2001] ECR I-9835, paragraph 9). | 51. In order to create the conditions and means necessary for the setting up of a European Works Council, the responsibility of either central management or the deemed central management includes an obligation to supply the employees ' representatives with the information essential to the opening of negotiations for establishing such a council. | 0 |
2,130 | 18. As regards such a weaker position, Article 6(1) of Directive 93/13 provides that unfair terms are not to be binding on the consumer. It is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (judgment in Banco Español de Crédito , C‑618/10, EU:C:2012:349, paragraph 40, and the case-law cited). | 25 Since fiscal cohesion is secured by a bilateral convention concluded with another Member State, that principle may not be invoked to justify the refusal of a deduction such as that in issue. | 0 |
2,131 | 97. Whilst it is true that the Court has held, first, that the statement of reasons for a European Union measure must appear in that measure and, second, that it must be adopted by the author of the measure (see Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 66 and the case-law cited), the fact remains that the degree of reasoning required varies. | 37
It should be noted here that it is in the interests of the sound administration of justice that the special jurisdiction for counterclaims enables the parties, in the same proceedings and before the same court, to litigate all their claims against each other that have a common origin. Unnecessary multiple proceedings are thus avoided. | 0 |
2,132 | 37. Une telle dénaturation doit apparaître de façon manifeste des pièces du dossier, sans qu’il soit nécessaire de procéder à une nouvelle appréciation des faits et des preuves (voir, notamment, arrêts du 6 avril 2006, General Motors/Commission, C‑551/03 P, Rec. p. I‑3173, point 54; Les Éditions Albert René/OHMI, précité, point 69, et Calvin Klein Trademark Trust/OHMI, précité, point 50). | 16 However, with regard to the second category of employee it must be stated that Article 1(2 ) of the directive makes the possibility of excluding them from its scope conditional on the existence of other forms of guarantee offering the employees in question equivalent protection . | 0 |
2,133 | 24 In order to determine whether the conditions for the transfer of an economic entity are met, it is necessary to consider all the facts characterising the transaction in question, including in particular the type of undertaking or business, whether or not its tangible assets, such as buildings and movable property, have been transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of employees have been taken over by the new employer, whether or not its customers are transferred, the degree of similarity between the activities carried on before and after the transfer, and the period, if any, for which those activities are suspended. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see, in particular, Spijkers, cited above, paragraph 13, and Süzen, cited above, paragraph 14). | 103. As appears particularly from the third recital in its preamble, the aim of that directive is, by the introduction of a common system of taxation, to eliminate any disadvantage to cooperation between companies of different Member States as compared with cooperation between companies of the same Member State and thereby to facilitate the grouping together of companies at Community level (Joined Cases C‑283/94, C-291/94 and C-292/94 Denkavit and Others [1996] ECR I‑5063, paragraph 22, and Case C-294/99 Athinaïki Zithopiïa [2001] ECR I‑6797, paragraph 25). | 0 |
2,134 | 39. The prohibition on measures having an effect equivalent to restrictions set out in Article 28 EC covers all commercial rules enacted by the Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see, in particular, Case 8/74 Dassonville [1974] ECR 837, paragraph 5; Case 178/84 Commission v Germany [1987) ECR 1227 ( " Beer purity law " ), paragraph 27; and Case C-12/00 Commission v Spain [2003] ECR I-459, paragraph 71). | 31 The provisions relating to the right of establishment cover the taking-up and pursuit of activities (see, in particular, the judgment in Reyners, paragraphs 46 and 47). Membership of a professional body may be a condition of taking up and pursuit of particular activities. It cannot itself be constitutive of establishment. | 0 |
2,135 | 30. On the other hand, it is apparent from paragraphs 56 to 63 of the judgment in Italy v Council , in which the Court examined the plea alleging lack or inadequacy of a statement of the reasons on which Regulation No 1361/98 was based in the light of Article 190 of the EC Treaty (now Article 253 EC), that that reasoning was held to be in keeping with the requirements of that provision. Indeed, in paragraph 63 of that judgment, the Court found that, in the context of the set of rules in issue and the way in which the market concerned had developed, the statement of reasons given in Regulation No 1361/98 for the classification of Italy as a non-deficit area for the marketing year 1998/99, whilst very succinct, sufficiently fulfilled the requirements laid down in the Court’s case-law regarding the statement of reasons. | 43 Intra-Community transit, on the other hand, consists in the transportation of goods from one Member State to another across the territory of one or more Member States and involves no use of the appearance of the protected design. As the Advocate General points out at point 84 of his Opinion, it does not, moreover, give rise to the payment of fees when the transportation is undertaken by a third person with the authorisation of the proprietor of the right. Intra-Community transit does not therefore form part of the specific subject-matter of the right of industrial and commercial property in designs. | 0 |
2,136 | 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). | 22. Where the marketing of a product is always accompanied by a minimal supply of services (such as the displaying of the products on shelves, the issuing of an invoice, etc.), only services other than those which necessarily accompany the marketing of a product may be taken into account in assessing the part played by the supply of services within the whole of a complex transaction also involving the supply of a product. | 0 |
2,137 | 38. However, it is essential that customs declarants have the right to challenge such an application, in particular where, as in the main proceedings, they consider, despite their own information provided in their customs declarations, that the result of the partial examination of the goods declared is not transferable to goods covered by earlier customs declarations, by adducing evidence in support of that assertion to show that the goods in question are not identical (see, by analogy, Derudder , paragraph 42). | 14 On the other hand, it is appropriate for the Court to verify, of its own motion, whether an action to establish non-contractual liability may be brought before it where the alleged damage includes monetary compensatory amounts overcharged by a national administration and only the national courts have jurisdiction to entertain actions for the reimbursement of such amounts . | 0 |
2,138 | 22. It should be recalled at the outset that the right to acquire, use or dispose of immovable property on the territory of another Member State, which is the corollary of freedom of establishment, as is apparent from Article 44(2)(e) EC (Case 305/87 Commission v Greece [1989] ECR 1461, paragraph 22), generates capital movements when it is exercised (Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I‑2157, paragraph 29). | 2 Those questions were raised in proceedings between Emesa Sugar (Free Zone) NV (Emesa) and the Government of Aruba concerning the conditions for importation into the Community of quantities of sugar which Emesa processes and packs on that island.
Legal background | 0 |
2,139 | 48. In that case, as such a project has been authorised before the expiry of the time-limit for transposing the Habitats Directive, it would not be subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, set out in that directive (see, to that effect, Case C-209/04 Commission v Austria [2006] ECR I-2755, paragraphs 53 to 62). | 22. Having to use a surname, in the Member State of which the person concerned is a national, that is different from that conferred and registered in the Member State of birth and residence is liable to hamper the exercise of the right, established in Article 18 EC, to move and reside freely within the territory of the Member States. | 0 |
2,140 | 41. The fact that Sportradar granted, by contract, the right of access to its server to companies offering betting services to that public may also be evidence of its intention to target them, if – which will be for the referring court to ascertain – Sportradar was aware, or must have been aware, of that specific destination (see, by analogy, Pammer and Hotel Alpenhof , paragraph 89, and Donner , paragraphs 27 and 28). It could be relevant in this respect if it were the case that the remuneration fixed by Sportradar as consideration for the grant of that right of access took account of the extent of the activities of those companies in the United Kingdom market and the prospects of its website betradar.com subsequently being consulted by internet users in the United Kingdom. | 68. An award criterion that relates solely to the amount of electricity produced from renewable energy sources in excess of the expected annual consumption, as laid down in the invitation to tender, cannot be regarded as linked to the subject-matter of the contract. | 0 |
2,141 | 22. En outre, il y a lieu de rappeler que les véhicules automobiles présents sur le marché dans un État membre sont des «produits nationaux» de celui-ci, au sens de l’article 110 TFUE (voir arrêt Tatu, précité, point 55). | 43. With regard to the purpose of Chapter II, Section 5 of Regulation No 44/2001, suffice it to note that, as is clear from the thirteenth recital, the regulation aims to provide the weaker parties to contracts, including contracts of employment, with enhanced protection by derogating from the general rules of jurisdiction. | 0 |
2,142 | Le deuxième indice employé par la Commission, relatif au fait que SACE n’exerçait pas ses activités sur le marché dans des conditions normales de concurrence avec les opérateurs privés, est, conformément à la jurisprudence de la Cour, pertinent pour conclure à l’imputabilité à l’État d’une mesure d’aide prise par une entreprise publique (arrêt du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, point 56). | 33 The Court accordingly ruled, in paragraph 49 of Offermanns, that a benefit such as an advance on maintenance payments provided for by the UVG does constitute a family benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71.
The scope ratione personae of Regulation No 1408/71 | 0 |
2,143 | 23 It is settled law that the exemptions provided for by Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see Case 348/87 Stichting Uitvoering Financiële Acties [1989] ECR 1737, paragraph 11, and Case C-349/96 CPP [1999] ECR I-973, paragraph 15) and must be placed in the general context of the common system of VAT (see, to that effect, Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18). | 49. The Court has also stated that, in making that first assessment, the customs authorities are to take into account, in particular, the possibility of reviewing the statements contained in the declaration to be revised and in the application for revision. If revision is in principle possible, the customs authorities must either reject the declarant’s application by reasoned decision or carry out the revision applied for (see Terex Equipment and Others , paragraphs 59 and 60 and the case-law cited). | 0 |
2,144 | 16. It is appropriate at the outset to note that the Court may of its own motion examine the question whether the conditions laid down in Article 226 EC for the bringing of an action for failure to fulfil obligations are satisfied (see, inter alia, Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 8, and Case C-525/03 Commission v Italy [2005] ECR I-9405, paragraph 8). | 35 Such a provision also has a restrictive effect as regards companies established in other Member States: it constitutes an obstacle to the raising of capital in the Netherlands since the dividends which such companies pay to Netherlands residents receive less favourable tax treatment than dividends distributed by a company established in the Netherlands, so that their shares are less attractive to investors residing in the Netherlands than shares in companies which have their seat in that Member State. | 0 |
2,145 | 39. Furthermore, the Commission is not required to prove that there has been a loss but may simply adduce sound evidence of such loss (see Spain v Commission , cited above, paragraph 66). The reason for this mitigation of the burden of proof on the Commission lies in the division of powers between the Community and the Member States concerning the common agricultural policy (see to that effect Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 17, and Case C-238/96 Ireland v Commission [1998] ECR I-5801, paragraph 29). | 68 As the Court held in its judgment in the Battery Hens case, cited above, that means that only simple corrections of spelling and grammar may be made to the text of an act after its formal adoption by the college of Commissioners, any further alteration being the exclusive province of the college. | 0 |
2,146 | 135. Indeed, the Court has also held that the sanction for a breach, by a Court of the European Union, of its obligation under the second paragraph of Article 47 of the Charter to adjudicate on the cases before it within a reasonable time must be an action for damages brought before the General Court, since such an action constitutes an effective remedy. It follows that a claim for compensation for the damage caused by the failure by the General Court to adjudicate within a reasonable time may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself (see, inter alia, Groupe Gascogne v Commission EU:C:2013:770, paragraphs 83 and 84). | 46 It is settled law that the requirement to consult the European Parliament in the legislative procedure, in the cases provided for by the Treaty, means that it must be consulted again whenever the text finally adopted, taken as a whole, differs in essence from the text on which the Parliament has already been consulted, except in cases in which the amendments substantially correspond to the wishes of the Parliament itself (Parliament v Council, cited above, paragraph 15). | 0 |
2,147 | 78. According to settled case-law, the derogation provided for under those articles must be restricted to activities which, in themselves, are directly and specifically connected with the exercise of official authority (see Reyners , paragraph 45; Case C‑42/92 Thijssen [1993] ECR I‑4047, paragraph 8; and Commission v Portugal , paragraph 36). | 35. As regards actions for damages, it must be noted that Directive 89/665 provides, in Article 2(6), that Member States may provide that where damages are claimed, the contested decision must first be set aside ‘by a body having the necessary powers’ without, however, laying down a rule as regards the time-limits for bringing actions or other conditions for the admissibility of such actions. | 0 |
2,148 | 62. As regards the allocations of quotas during the transitional period, these are governed not by the Act of Accession but by the regulations establishing the quotas in question and by the principle of relative stability (see Joined Cases C‑87/03 and C‑100/03 Spain v Council , paragraph 66, and Case C‑134/04 Spain v Council , paragraph 47). As for the allocations made for the first time under Regulation No 27/2005, they are also not subject to the provisions of the Act of Accession. | 31
By contrast, the terms ‘cancellation’ and ‘refusal’ in Article 90(1) of the VAT Directive refer to situations in which, following either cancellation with retroactive effect or refusal with effect in the future only, the debtor’s obligation to discharge his or her debt is either fully extinguished or set at a definitive level, with corresponding consequences for the creditor. | 0 |
2,149 | 36
As was noted by the Advocate General in point 40 of her Opinion, the fact that the contract for which a declaration of invalidity is sought concerns immovable property is irrelevant to the issue of its validity, the immovable nature of the subject matter of the contract being only of marginal significance in that context (see, by analogy, judgment of 18 May 2006, ČEZ,C‑343/04, EU:C:2006:330, paragraph 34). | 114 Whereas Article 61 of the EC Treaty (now, after amendment, Article 51 EC) precludes the Treaty provisions on the freedom to provide services from applying to transport services, the latter being governed by the provisions of the title concerning transport, there is no article in the Treaty which precludes its provisions on freedom of establishment from applying to transport. | 0 |
2,150 | 84. In addition, the sixth recital in the preamble to Directive 85/337 states that the assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question (see WWF and Others , paragraph 61; Linster , paragraph 53; Boxus and Others , paragraph 42; and Solvay and Others , paragraph 36). | 56. Even if the Commission discovers evidence explicitly showing unlawful contact between traders, such as the minutes of a meeting, it will normally be only fragmentary and sparse, so that it is often necessary to reconstitute certain details by deduction. | 0 |
2,151 | 84
As the Court of Justice has previously had occasion to point out in its judgments of 4 September 2014, Spain v Commission (C‑192/13 P, EU:C:2014:2156, paragraph 81), and of 4 September 2014, Spain v Commission (C‑197/13 P, EU:C:2014:2157, paragraph 81), Article 18 of Regulation No 1386/2002, in accordance with which the Commission set the parameters for the application of Regulation No 1164/94, as amended, can be understood only as confirming the existence of a legal time limit for the purposes of adoption of a decision on financial corrections. | 27 A prior declaration, on the other hand, may be one of the requisite measures which Member States are permitted to take since, unlike prior authorization, it does not entail suspension of the transaction in question but does still allow the national authorities to exercise effective supervision in order to prevent infringements of their laws and regulations. | 0 |
2,152 | 55. The exercise of that discretion is not, however, excluded from review by the Court. According to the case-law of the Court of Justice, not only must the Community judicature establish whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see Case C‑525/04 P Spain v Lenzing [2007] ECR I-9947, paragraph 57 and the case-law cited). | 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 |
2,153 | 26 It must be borne in mind that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-384/99 Commission v Belgium [2000] ECR I-10633, paragraph 16). | 25 This argument cannot be accepted. | 0 |
2,154 | 113. Whilst it is true that the Court has held, first, that the statement of reasons for a European Union measure must appear in that measure and, second, that it must be adopted by the author of the measure (see Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 66 and the case-law cited), the fact remains that the degree of reasoning required varies. | 87. Consequently, the answer to Question 2(d) is that the right of residence in the host Member State of the parent who is the primary carer for a child of a migrant worker, where that child is in education in that State, ends when the child reaches the age of majority, unless the child continues to need the presence and care of that parent in order to be able to pursue and complete his or her education.
Question 3 | 0 |
2,155 | 67. It must be observed in this respect that the application of the set-off method should enable the tax on dividends deducted in Germany to be set off in full against the tax payable in the State of establishment of the recipient company, so that, if the dividends received by that company were ultimately taxed more heavily than the dividends paid to companies established in Germany, that heavier tax burden could no longer be attributed to the Federal Republic of Germany, but to the State of establishment of the recipient company which exercised its power of taxation (see, to that effect, Commission v Spain , paragraph 60). | 25. In those circumstances, that descendant cannot be required, in addition, to establish that he has tried without success to find work or obtain subsistence support from the authorities of his country of origin and/or otherwise tried to support himself. | 0 |
2,156 | 55. Thus, where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I‑7063, paragraphs 27 to 49, and Case C-319/02 Manninen [2004] ECR I‑7477, paragraphs 29 to 55). | 32. As the Commission rightly argued, it is clear from Articles 20 and 21 of the 2003 Act of Accession, which together make up Title I, entitled ‘Adaptations to acts adopted by the institutions’, of Part Three of that act, itself entitled ‘Permanent provisions’, that the ‘adaptations’ to which those articles refer correspond, in principle, to amendments necessary to ensure the full applicability of acts of the institutions to the new Member States and which are intended, with that in view, to supplement those acts in the long term. | 0 |
2,157 | 52. Second, the referring court must verify that the scope, the effectiveness, the availability, the public awareness and simplicity of use of the right to reimbursement allow for the correction of any imbalances created by the private copying levy system, in order to respond to the practical difficulties observed (see judgment in Amazon.com International Sales and Others , EU:C:2013:515, paragraph 36). | 32 AS FULL RESPONSIBILITY IN THE MATTER OF COMMERCIAL POLICY WAS TRANSFERRED TO THE COMMUNITY BY MEANS OF ARTICLE 113 ( 1 ) MEASURES OF COMMERCIAL POLICY OF A NATIONAL CHARACTER ARE ONLY PERMISSIBLE AFTER THE END OF THE TRANSITIONAL PERIOD BY VIRTUE OF SPECIFIC AUTHORIZATION BY THE COMMUNITY .
| 0 |
2,158 | 38 It should be noted at the outset that Article 10 of the Treaty of 31 August 1990 on the establishment of German Unity (BGBl. 1990 II, p. 889) rendered Community legislation applicable in the GDR as from that country's accession to the Federal Republic of Germany, namely from 3 October 1990 (see Case C-223/95 Moksel v Hauptzollamt Hamburg-Jonas [1997] ECR I-2379, paragraph 22). It follows that, until that date, the GDR constituted a non-member country vis-à-vis the Community and the customs rules normally applicable to products coming from non-member countries applied, in principle, to those coming from the GDR. | 59. It is clear from the 4th and 11th recitals in the preamble to the Directive that the threatened habitats and species form part of the European Community’s natural heritage and that the threats to them are often of a transboundary nature, so that the adoption of conservation measures is a common responsibility of all Member States. Accordingly, faithful transposition becomes particularly important in an instance such as the present one, where management of the common heritage is entrusted to the Member States in their respective territories (see Commission v United Kingdom , paragraph 25) | 0 |
2,159 | 25. Since the Commission and the United Kingdom are not in full agreement on the meaning of the term ‘eutrophication’ defined in Article 2(11) of Directive 91/271, it is appropriate, before examining the complaints set out by the Commission in its action, to note the meaning of that term, as explained by the Court in paragraphs 12 to 25 of the judgment in Case C-280/02 Commission v France [2004] ECR I‑8573. | 67 In those circumstances, the fact that Mr Savas did not leave the United Kingdom after expiry of his visa and did engage in business as a self-employed person in that Member State, without authorisation, cannot confer upon him either a right of establishment or a right of residence derived directly from Community provisions. | 0 |
2,160 | 18. It should be pointed out that the Court has already ruled on that question, which was referred by the Consiglio di Stato, in its judgment in SOA Nazionale Costruttori (C‑327/12, EU:C:2013:827). | 39. In that light, the fact that the creation of a database is linked to the exercise of a principal activity in which the person creating the database is also the creator of the materials contained in the database does not, as such, preclude that person from claiming the protection of the sui generis right, provided that he establishes that the obtaining of those materials, their verification or their presentation, in the sense described in paragraphs 34 to 37 of this judgment, required substantial investment in quantitative or qualitative terms, which was independent of the resources used to create those materials. | 0 |
2,161 | 35 As regards the latter condition, it is clear from the settled case-law of the Court of Justice (Joined Cases 231/87 and 129/88 Ufficio Distrettuale delle Imposte Dirette di Fiorenzuola and Others v Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 16; Case C-4/89 Comune di Carpaneto Piacentino and Others v Ufficio Provinciale Imposta sul valore aggiunto di Piacenza [1990] ECR I-1869, paragraph 8, and Case C-247/95 Finanzamt Augsburg-Stadt v Marktgemeinde Welden [1997] ECR I-779, paragraph 17) that activities pursued as public authorities within the meaning of the first paragraph of Article 4(5) of the Sixth Directive are those engaged in by bodies governed by public law under the special legal regime applicable to them and do not include activities pursued by them under the same legal conditions as those that apply to private traders. | 34. First of all, a request for clarification of a tender, which may not be made until after the contracting authority has looked at all the tenders, must, as a general rule, be sent in an equivalent manner to all tenderers in the same situation (see, to that effect, SAG ELV Slovensko and Others , paragraphs 42 and 43). | 0 |
2,162 | 29 An analysis of those definitions shows that the scope of the term economic activities is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (Commission v Netherlands, cited above, paragraph 8). | 34. Although it is true that the interest of a football league lies in the overall result of the various matches in that league, the fact remains that the data concerning the date, the time and the identity of the teams in a particular match have an independent value in that they provide interested third parties with relevant information. | 0 |
2,163 | 28. As regards the material conditions which must be met in order for the right to deduct to arise, it is apparent from the wording of Article 17(2)(a) of the Sixth Directive that, in order to be able to avail of that right, first, the interested party must be a taxable person within the meaning of that directive and, second, the goods or services relied on to give entitlement to that right must be used by the taxable person for the purposes of his own taxed output transactions, and that, as inputs, those goods or services must be supplied by another taxable person (see, to that effect, judgments in Centralan Property , C‑63/04, EU:C:2005:773, paragraph 52; Tóth , C‑324/11, EU:C:2012:549, paragraph 26, and Bonik , C‑285/11, EU:C:2012:774, paragraph 29; and order in Jagiełło , C‑33/13, EU:C:2014:184, paragraph 27). | 20. In that regard, it is sufficient to point out that it is not for the Court, in the context of a reference for a preliminary ruling, to assess whether questions referred to it by a national court are relevant or to rule on the interpretation of national laws or regulations and to decide whether the referring court’s interpretation of them is correct (see, to that effect, Case 52/77 Cayrol [1977] ECR 2261, paragraph 32; Case C‑347/89 Eurim-Pharm [1991] ECR I‑1747, paragraph 16; and Case C‑58/98 Corsten [2000] ECR I-7919, paragraph 24). | 0 |
2,164 | 53. However, in the context of an interpretation of Article 56 TFEU, the Court has held, as regards the question whether the earlier version of the second indent of the first paragraph of Article 13 of the Law of 30 March 1995 is necessary in order to attain the aim pursued, that, while the maintenance of pluralism, through a cultural policy, is connected with the fundamental right of freedom of expression and accordingly, that the national authorities have a wide margin of discretion in that regard, the requirements imposed under measures designed to implement such a policy must in no case be disproportionate in relation to that aim and the manner in which they are applied must not bring about discrimination against nationals of other Member States ( United Pan-Europe Communications Belgium and Others , paragraph 44). Accordingly, ‘must-carry’ status must be strictly limited to those channels having an overall content which is capable of attaining the general interest objective pursued (see, to that effect, United Pan-Europe Communications Belgium and Others , paragraph 47 and Case C-336/07 Kabel Deutschland Vertieb und Service [2008] ECR I-10889, paragraph 42). | 9 IT SHOULD BE OBSERVED THAT, UNLIKE THE ECSC TREATY, THE EEC TREATY IS NOT LIMITED TO SPECIFIED GOODS WHICH DELIMIT ITS SCOPE RATIONE MATERIAE . | 0 |
2,165 | 35. In the case in the main proceedings, it must be observed that the resources, in particular intellectual resources, described by the referring court and referred to in paragraphs 14 to 18 of this judgment, are deployed for the purpose of determining, in the course of arranging the leagues concerned, the date, the time and the identity of teams corresponding to each fixture of those leagues, in accordance with a set of rules, parameters and organisational constraints as well as the specific requests of the clubs concerned (see Case C‑46/02 Fixtures Marketing , cited above, paragraph 41; Case C‑338/02 Fixtures Marketing , cited above, paragraph 31; and Case C‑444/02 Fixtures Marketing , cited above, paragraph 47). | 49
The General Court further explained that, in accordance with that case-law, if any one of those conditions is not satisfied, the action must be dismissed in its entirety and it is unnecessary to consider the other conditions for such liability (judgments of 19 April 2007, Holcim (Deutschland) v Commission, C‑282/05 P, EU:C:2007:226, paragraph 57, and of 30 April 2009, CAS Succhi di Frutta v Commission, C‑497/06 P, not published, EU:C:2009:273, paragraph 40). | 0 |
2,166 | 161
So far as the tax aspect is concerned, the fact that the recipients of the service concerned obtain a tax advantage does not affect the fact that the service is provided by the issuer for remuneration, so that the activity concerned, which thus corresponds to the definition of a service contained in the provisions of the Treaty relating to the freedom to provide services, comes within the scope of those provisions (see, to that effect, judgments in Skandia and Ramstedt, C‑422/01, EU:C:2003:380, paragraphs 22 to 28, and Commission v Germany, C‑318/05, EU:C:2007:495, paragraphs 65 to 82). | 133. It is also the Court’s settled case-law that, when the amount of the fine is determined, there cannot, by the application of different methods of calculation, be any discrimination between the undertakings which have participated in an agreement or a concerted practice contrary to Article 81(1) EC ( Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 58 and the case‑law cited). | 0 |
2,167 | 64. However, it should be borne in mind in that context, first, that Member States must, when establishing the conditions to be met for secondary proceedings to be opened, comply with EU law and, in particular, its general principles as well as the provisions of Regulation No 1346/2000 (see, to that effect, the judgment in Deutsche Lufthansa , C‑109/09, EU:C:2011:129, paragraph 37 and the case-law cited). Accordingly, Member States cannot, inter alia, establish conditions for the opening of secondary proceedings which draw a distinction, in breach of the principle of non-discrimination, between creditors seeking the opening of such proceedings on the basis of their place of residence or registered office. | 26. En troisième lieu, s’agissant de la question du montant des primes d’assurance, il y a lieu de préciser que les différentes modalités de l’exercice du droit de l’assuré de choisir librement son représentant n’excluent pas que, dans certains cas, des limitations aux frais supportés par les assureurs puissent être apportées. | 0 |
2,168 | 36. Thus, according to settled case-law, the derogation for which that article provides must be restricted to activities which, in themselves, are directly and specifically connected with the exercise of official authority (see Reyners , paragraph 45; Case C‑42/92 Thijssen [1993] ECR I‑4047, paragraph 8; and Case C‑283/99 Commission v Italy [2001] ECR I‑4363, paragraph 20), which excludes from being regarded as ‘connected with the exercise of official authority’, within the meaning of that derogation, functions that are merely auxiliary and preparatory vis-à-vis an entity which effectively exercises official authority by taking the final decision ( Thijssen , paragraph 22; Commission v Austria , paragraph 36; and Commission v Germany , paragraph 38). | 82
Secondly, that prohibition is also appropriate for ensuring a high level of protection of human health, especially for young people. It is not disputed that certain flavourings are particularly attractive to them and that they facilitate initiation of tobacco consumption. | 0 |
2,169 | 26. It is clear from the Court’s settled case-law that, even though in proceedings for failure to fulfil obligations under Article 226 EC it is incumbent on the Commission to establish the existence of the failure it has alleged, Member States are nevertheless required, under Article 10 EC, to facilitate the achievement of the Commission’s tasks, which consist in particular, according to Article 211 EC, in ensuring that the provisions of the EC Treaty and the measures taken by the institutions pursuant thereto are applied. When it is a question of checking whether the national provisions intended to ensure effective implementation of a directive are correctly applied in practice, the Commission is largely reliant on the information provided by the Member State concerned, and so that State cannot plead that there is a lack of specific information as to national law and practice put forward by the Commission and, therefore, the action is inadmissible (see Case C‑408/97 Commission v Netherlands , paragraphs 15 to 17, and case-law cited therein, and Case C‑248/05 Commission v Ireland [2007] ECR I‑00000, paragraphs 67 and 68, and case-law cited therein). | 21. À cet égard, si le régime instauré à la DA 27 ne limite pas l’acquisition de participations stricto sensu, il a pour effet d’empêcher ou de restreindre l’exercice des droits de vote afférents aux actions détenues. | 0 |
2,170 | 25. In that regard, it should be pointed out that it is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission (see, in particular, Case C-152/98 Commission vNetherlands [2001] ECR I-3463, paragraph 23, and Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 10). | 22. En outre, il y a lieu de rappeler que les véhicules automobiles présents sur le marché dans un État membre sont des «produits nationaux» de celui-ci, au sens de l’article 110 TFUE (voir arrêt Tatu, précité, point 55). | 0 |
2,171 | 41
So far as concerns the condition relating to the selectivity of the advantage, which is a constituent factor in the concept of0 ‘State aid’ within the meaning of Article 107(1) TFEU, since this provision prohibits aid ‘favouring certain undertakings or the production of certain goods’, it is clear from the Court’s settled case-law, recalled in paragraphs 45 and 46 of the judgment under appeal, that the assessment of that condition requires it to be determined whether, under a particular legal regime, a national measure is such as to favour ‘certain undertakings or the production of certain goods’ over others which, in the light of the objective pursued by that regime, are in a comparable factual and legal situation. The concept of ‘State aid’ does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the overall structure of the system of which they form part (see judgments of 8 November 2001, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke, C‑143/99, EU:C:2001:598, paragraphs 41 and 42; of 22 December 2008, British Aggregates v Commission, C‑487/06 P, EU:C:2008:757, paragraphs 82 and 83; of 15 November 2011, Commission and Spain v Government of Gibraltar and United Kingdom, C‑106/09 P and C‑107/09 P, EU:C:2011:732, paragraphs 74 and 75; and of 14 January 2015, Eventech, C‑518/13, EU:C:2015:9, paragraphs 54 and 55). | 22 The answer to the question referred by the national court must therefore be that the second indent of Article 9(2)(e) of the Sixth Directive must be interpreted as applying not only to advertising services supplied directly and invoiced by the supplier to a taxable advertiser but also to services supplied indirectly to the advertiser and invoiced to a third party who in turn invoices them to the advertiser. | 0 |
2,172 | 9 In that respect, it need simply be noted that according to settled case-law the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26) and that a Member State may not seek to rely on provisions, practices or circumstances in its internal legal order in order to justify failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-78/00 Commission v Italy [2001] ECR I-8195, paragraph 38). | 66. More specifically, the data must be "collected for specified, explicit and legitimate purposes" (Article 6(1)(b) of Directive 95/46) and must be "adequate, relevant and not excessive" in relation to those purposes (Article 6(1)(c)). In addition, under Article 7(c) and (e) of the directive respectively, the processing of personal data is permissible only if it "is necessary for compliance with a legal obligation to which the controller is subject" or "is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller ... to whom the data are disclosed" . | 0 |
2,173 | 41. According to established case-law, it is compatible with Community law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty (see, to this effect, Case 33/76 Rewe-Zentralfinanz and Rewe-Zentral [1976] ECR 1989, paragraph 5; Case C‑261/95 Palmisani [1997] ECR I‑4025, paragraph 28; and Case C‑2/06 Kempter [2008] ECR I‑411, paragraph 58). Such time-limits are not liable to make it virtually impossible or excessively difficult to exercise rights conferred by Community law (see, to that effect, Case C‑255/00 Grundig Italiana [2002] ECR I‑8003, paragraph 34). | 15. À cet égard, il convient de rappeler que l’intérêt à agir d’un requérant doit, au vu de l’objet du recours, exister au stade de l’introduction de celui-ci, sous peine d’irrecevabilité, et perdurer jusqu’au prononcé de la décision juridictionnelle, sous peine de non-lieu à statuer, ce qui suppose que le recours soit susceptible, par son résultat, de procurer un bénéfice à la partie qui l’a intenté (voir arrêt du 7 juin 2007, Wunenburger/Commission, C‑362/05 P, Rec. p. I-4333, point 42, ainsi que du 28 mai 2013, Abdulrahim/Conseil et Commission, C‑239/12 P, non encore publié au Recueil, point 61). | 0 |
2,174 | 77. Similarly, in the case of a regulation, the statement of reasons may be limited to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to achieve, on the other (judgments in Abrias and Others v Commission , 3/83, EU:C:1985:283, paragraph 30, and Spain v Council , C‑342/03, EU:C:2005:151, paragraph 55). Consequently, it is not possible to require that the Union institutions should set out the various facts, which are often very numerous and complex, on the basis of which the regulation was adopted, or a fortiori that they should provide a more or less complete evaluation of those facts (see, to that effect, judgment in Beus , 5/67, EU:C:1968:13, paragraph 4). | 31. No provision of the Treaty affords a means of determining, in an abstract manner, the duration or frequency beyond which the supply of a service or of a certain type of service in another Member State can no longer be regarded as the provision of services within the meaning of the Treaty. | 0 |
2,175 | 93. Legislation is not limited to what is strictly necessary where it authorises, on a generalised basis, storage of all the personal data of all the persons whose data has been transferred from the European Union to the United States without any differentiation, limitation or exception being made in the light of the objective pursued and without an objective criterion being laid down by which to determine the limits of the access of the public authorities to the data, and of its subsequent use, for purposes which are specific, strictly restricted and capable of justifying the interference which both access to that data and its use entail (see, to this effect, concerning Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54), judgment in Digital Rights Ireland and Others , C‑293/12 and C‑594/12, EU:C:2014:238, paragraphs 57 to 61). | 36. As regards, last, the length of the period of enjoyment of the property concerned, which is an essential element of a lease, it must be recalled, first, that the Court has previously had occasion to hold that, as regards a golf course, the period may be restricted (judgment in Stockholm Lindöpark , EU:C:2001:34, paragraph 27). | 0 |
2,176 | 51. In that connection, it must be observed that, in choosing the means capable of achieving their social policy objectives, the Member States enjoy broad discretion (see, to that effect, Mangold , paragraph 63). However, that discretion cannot have the effect of frustrating the implementation of the principle of non-discrimination on grounds of age. Mere generalisations concerning the capacity of a specific measure to contribute to employment policy, labour market or vocational training objectives are not enough to show that the aim of that measure is capable of justifying derogation from that principle and do not constitute evidence on the basis of which it could reasonably be considered that the means chosen are suitable for achieving that aim (see, by way of analogy, Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraphs 75 and 76). | 65
The Court has already held in that regard that it follows directly from the wording of point (a) of the second subparagraph of Article 15(1) of that regulation that the use of the trade mark in a form which differs from the form in which it was registered is regarded as use for the purposes of the first subparagraph of that article provided that the distinctive character of the mark in the form in which it was registered is not altered (judgment of 18 July 2013, Specsavers International Healthcare and Others, C‑252/12, EU:C:2013:497, paragraph 21). | 0 |
2,177 | 61. In accordance with settled case-law, where Member States have decided to have recourse to the establishment of thresholds and/or criteria, the limits of the measure of discretion which is thus conferred upon them are to be found in the obligation set out in Article 2(1) of Directive 85/337 that projects likely, by virtue inter alia of their nature, size or location, to have significant effects on the environment are to be subject to an impact assessment before consent is given (see, to this effect, in particular Case C-72/95 Kraaijeveld and Others [1996] ECR I‑5403, paragraph 50, and the judgment of 28 February 2008 in Case C-2/07 Abraham and Others , not yet published in the ECR, paragraph 37). | 37. Finally, it is appropriate to remind the national court that, although the second subparagraph of Article 4(2) of Directive 85/337 confers on Member States a measure of discretion to specify certain types of projects which will be subject to an assessment or to establish the criteria and/or thresholds applicable, the limits of that discretion are to be found in the obligation set out in Article 2(1) of the directive that projects likely, by virtue inter alia of their nature, size or location, to have significant effects on the environment are to be subject to an impact assessment ( Kraaijeveld and Others , paragraph 50). | 1 |
2,178 | 56. Furthermore, it is settled case-law that the obligation on a Member State to abolish aid found by the Commission to be incompatible with the common market is to restore the previous situation on the European Union market (Case C‑350/93 Commission v Italy [1995] ECR I‑699, paragraph 21, and Case C‑75/97 Belgium v Commission [1999] ECR I‑3671, paragraph 64). As long as the aid is not recovered, the beneficiary of the aid is able to keep funds deriving from the aid declared incompatible and to benefit from the resulting unfair competitive advantage ( Commission v France , paragraph 47). | 34. As the Advocate General pointed out at points 33 and 34 of her Opinion, the effect of such legislation is to make cross-frontier transfer of capital less attractive both by deterring investors who are not resident in Sweden from buying shares in companies resident in Sweden and also, consequently, by restricting the opportunities available to Swedish companies to raise capital from investors who are not resident in Sweden. | 0 |
2,179 | 52. Il importe de relever, en premier lieu, que la Cour a déjà jugé que les fonctionnaires qui bénéficient d’un régime de pension doivent être considérés comme constituant une catégorie particulière de travailleurs. En effet, ceux-ci ne se distinguent des travailleurs groupés dans une entreprise ou un groupement d’entreprises, dans une branche économique ou un secteur professionnel ou interprofessionnel qu’en raison des caractéristiques propres qui régissent leur relation d’emploi avec l’État, avec d’autres collectivités ou employeurs publics (arrêts précités Griesmar, point 31; Niemi, point 48, et Commission/Italie, point 40). | 24. La Cour a ainsi jugé que l’article 2, paragraphe 6, de la directive 89/665 ne saurait avoir d’incidence sur un recours exercé au titre de l’article 226 CE ou de l’article 228 CE (voir arrêt du 18 juillet 2007, Commission/Allemagne, C-503/04, Rec. p. I‑6153, point 34) et que cette conclusion vaut également pour la directive 89/665 envisagée dans son ensemble (arrêt du 15 octobre 2009, Commission/Allemagne, C‑275/08, point 33). | 0 |
2,180 | 53. It should be pointed out in that regard that Directives 89/48 and 92/51 do not establish a system of automatic recognition. Although they recognise the right of access to regulated professions, those directives, under their respective Articles 4(1)(b), allow the host State to require an applicant who is a national of another Member State to complete an adaptation period or to take an aptitude test, in particular where the matters covered by the education a nd training he has received differ substantially from those covered by the diploma required in the host Member State, or where the profession regulated in the host Member State comprises one or more regulated professional activities which are not in the profession regulated in the Member State from which the applicant originates or comes and that difference between the professional activities in the two Member States concerned corresponds to different specific training (see, regarding Directive 89/48, Case C‑39/07 Commission v Spain [2008] ECR I‑0000, paragraph 39). | 78. The Court has also held that a trader cannot place reliance on there being no legislative amendment whatever, but can only call into question the arrangements for the implementation of such an amendment (see, to that effect, judgment in Gemeente Leusden and Holin Groep , Joined Cases C‑487/01 and C‑7/02, EU:C:2004:263, paragraph 81). | 0 |
2,181 | 19. It is apparent from the Court’s case-law that freedom of establishment is hindered if, under a Member State’s legislation, a resident company having a subsidiary or a permanent establishment in another Member State or in another State that is party to the EEA Agreement suffers a disadvantageous difference in treatment for tax purposes compared with a resident company having a permanent establishment or a subsidiary in the first Member State (see to this effect, in particular, the judgments in Papillon , C‑418/07, EU:C:2008:659, paragraphs 16 to 22, and Argenta Spaarbank , C‑350/11, EU:C:2013:447, paragraphs 20 to 34). | 27 However, the distinction between waste disposal or recovery operations and the treatment of other products is often difficult to discern. Accordingly, the Court has already held that it may not be inferred from the fact that a substance undergoes an operation referred to in Annex II B to Directive 75/442 that that substance has been discarded and may therefore be regarded as waste (the judgment in ARCO Chemie Nederland, paragraph 82). The application of an operation listed in Annex II A or II B to Directive 75/442 therefore does not, of itself, justify the classification of that substance as waste. | 0 |
2,182 | 110. It is clear from the case-law of the Court (see, in particular, San Giorgio , paragraph 14; Dilexport , paragraphs 48, 52 and 54; and Michaïlidis , paragraphs 36 and 37) that the authority cannot merely establish that the charge was passed on to third parties and presume from that fact alone, or from the fact that the national legislation requires that the charge be incorporated in the selling price to consumers, that the economic burden which the charge represented for the taxable person is neutralised and that, consequently, repayment would automatically entail unjust enrichment of the trader. | 30. À cet égard, un brevet protégeant plusieurs «produits» distincts peut certes permettre en principe d’obtenir plusieurs CCP en lien avec chacun de ces produits distincts, pour autant notamment que chacun de ceux-ci soit «protégé» en tant que tel par ce «brevet de base» au sens de l’article 3, sous a), du règlement nº 469/2009, lu en combinaison avec l’article 1 er , sous b) et c), de celui-ci (arrêt du 12 décembre 2013, Actavis Group PTC et Actavis UK, C‑443/12, point 29) et soit contenu dans un médicament disposant d’une AMM. | 0 |
2,183 | 40. It follows that a taxable person cannot be refused the right of deduction unless it is established on the basis of objective factors that that taxable person – to whom the supply of goods or services, on the basis of which the right of deduction is claimed, was made – knew or should have known that, through the acquisition of those goods or services, he was participating in a transaction connected with VAT fraud committed by the supplier or by another trader acting upstream or downstream in the chain of supply of those goods or services (see, to that effect, Kittel and Recolta Recycling , paragraphs 56 to 61, and Mahagében and Dávid , paragraph 45). | 70 Secondly, the case-law of the Court also shows that an obligation placed on traders in a Member State to obtain a certain percentage of their supplies of a given product from a national supplier limits to that extent the possibility of importing the same product by preventing those traders from obtaining supplies in respect of part of their needs from traders situated in other Member States (see, to that effect, Case 72/83 Campus Oil [1984] ECR 2727, paragraph 16; Case C-21/88 Du Pont de Nemours Italiana [1990] ECR I-889, paragraph 11). | 0 |
2,184 | 20. In that regard, it should be borne in mind that, in proceedings under Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C-119/05 Lucchini [2007] ECR I‑6199, paragraph 43, and Case C-162/06 International Mail Spain [2007] ECR I‑9911, paragraph 23). The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Joined Cases C-94/04 and C-202/04 Cipolla and Others [2006] ECR I-11421, paragraph 25; Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 22; and Case C‑379/05 Amurta [2007] ECR I-9569, paragraph 64). | Toutefois, les États membres sont tenus, conformément à l’article 4, paragraphe 3, TUE, de faciliter à la Commission l’accomplissement de sa mission, consistant notamment, selon l’article 17, paragraphe 1, TUE, à veiller à l’application des dispositions du traité FUE ainsi que des dispositions prises par les institutions de l’Union en vertu de celui-ci (voir, en ce sens, arrêt du 26 avril 2007, Commission/Italie, C‑135/05, EU:C:2007:250, point 27 et jurisprudence citée). | 0 |
2,185 | 154. As regards the argument alleging that financial corrections imposed by the Commission under the Guidelines it has adopted in this matter are coercive, it should be pointed out that such a financial correction is designed to avoid the EAGGF being burdened with amounts that have not served to finance an objective pursued by the Community legislation in question and therefore does not constitute a penalty (see Case C‑247/98 Greece v Commission [2001] ECR I‑1, paragraphs 13 and 14, and Case C‑332/01 Greece v Commission [2004] ECR I‑7699, paragraph 63). | 22 The questions referred by the national court relate, therefore, to the taking into account of a benefit such as the old-age pension granted to Mrs Engelbrecht under the AOW on the basis of compulsory insurance. | 0 |
2,186 | 25 Such a consideration, the effect of which is to frustrate the objectives of the Community as laid down in particular in Article 2 and specified in Article 3 of the Treaty, cannot be accepted as justification for a restriction on trade between Member States (abovementioned judgment in Commission v United Kingdom, paragraph 30). | 13 It must next be observed that, as the Court has consistently held, under the system of the Convention the general principle is that the courts of the Contracting State in which the defendant is domiciled are to have jurisdiction and that it is only by way of derogation from that principle that the Convention provides for cases, which are exhaustively listed, in which the defendant may or must, depending on the case, be sued in the courts of another Contracting State. Consequently, the rules of jurisdiction which derogate from that general principle cannot give rise to an interpretation going beyond the cases envisaged by the Convention (Shearson Lehman Hutton, paragraphs, 14, 15 and 16). | 0 |
2,187 | 35. According to settled case-law, the principle of equal treatment laid down in Article 7 of Regulation No 1612/68, which extends to all the advantages which, whether or not linked to a contract of employment, are generally granted to national workers primarily because of their objective status as workers or by virtue of the mere fact of their residence on the national territory, is also intended to prevent discrimination to the detriment of descendants dependent on the worker (see, in particular, Case 32/75 Cristini [1975] ECR 1085, paragraph 19, Case 94/84 Deak [1985] ECR 1873, paragraph 22, and Case C-337/97 Meeusen [1999] ECR I-3289, paragraph 22). | 21. À cet égard, il y a lieu de rappeler que, en premier lieu, un recours en annulation introduit contre une décision ordonnant la récupération d’une aide n’a pas d’effet suspensif et que, en l’espèce, ainsi qu’il a été indiqué au point 5 du présent arrêt, aucune des requérantes devant le Tribunal n’a demandé la suspension de l’exécution de la décision. En tout état de cause, ces recours ont été rejetés par le Tribunal. | 0 |
2,188 | 31. In the context of that cooperation, it is for the national court seised of the dispute, which alone has direct knowledge of the facts giving rise to the dispute and must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see,inter alia , Case C-415/93 Bosman [1995] ECR I-4921, paragraph 59; Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-153/00 Der Weduwe [2002] ECR I-11319, paragraph 31, and Case C-318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I-905, paragraph 41). | Les exceptions d’irrecevabilité soulevées par le Conseil à l’encontre du premier moyen doivent dès lors être rejetées. | 0 |
2,189 | 30. The Court accordingly held that Article 2(1) of the Second Directive and Article 1 of the Third Directive preclude a national rule that allows the compensation borne by the compulsory motor vehicle insurance to be refused or limited in a disproportionate manner on the basis of the passenger’s contribution to the injury or loss he has suffered ( Candolin and Others , paragraph 35).That decision was confirmed in Farrell (paragraph 35). | 34. It is apparent from the order for reference and from the written and oral submissions made to the Court that this question refers only to the legislative process stricto sensu and not to that leading to the adoption of a provision of a lower rank than a law. | 0 |
2,190 | 22. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from what is now well established case-law that the purpose of the legislation concerned must be taken into consideration (see, to that effect, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraphs 34 and 44 to 49; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑0000, paragraphs 37 and 38; Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑0000, paragraph 36; and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007 ] ECR I‑0000, paragraphs 26 to 34). | 40
Likewise, the obligation of transparency requires that all the conditions and detailed rules of the award procedure must be drawn up in a clear, precise and unequivocal manner in the contract notice or specifications so that, first, all reasonably informed tenderers exercising ordinary care can understand their exact significance and interpret them in the same way and, second, the contracting authority is able to ascertain whether the tenders submitted satisfy the criteria applying to the contract in question (see, to that effect, judgment of 2 June 2016, Pizzo, C‑27/15, EU:C:2016:404, paragraph 36 and the case-law cited). | 0 |
2,191 | 64. With regard to the second condition, the Court has stated that the decisive test for determining whether a breach of Community law is sufficiently serious is whether the Community institution concerned manifestly and gravely disregarded the limits on its discretion ( Brasserie du Pêcheur and Factortame , paragraph 55; Bergaderm and Goupil v Commission , paragraph 43; Commission v Camar and Tico , paragraph 54; and Commission v Fresh Marine , paragraph 26). | 9 FURTHERMORE , AS THE COURT STATED IN ITS JUDGMENT OF 3 JULY 1979 ( JOINED CASES 185 TO 204/78 VAN DAM ( 1979 ) ECR 2345 , AT P . 2361 ), IT CANNOT BE HELD CONTRARY TO THE PRINCIPLE OF NON-DISCRIMINATION TO APPLY NATIONAL LEGIS- LATION MERELY BECAUSE OTHER MEMBER STATES ALLEGEDLY APPLY LESS STRICT RULES .
| 0 |
2,192 | 41
However, the fact that a subsidiary does not comply with an instruction given by its parent company is not sufficient, by itself, to establish the absence of actual exercise of decisive influence by the parent over the subsidiary, given that the Court of Justice has already stated that it is not necessary for the subsidiary to carry out all the parent company’s instructions to demonstrate decisive influence, as long as the failure to carry out those instructions is not the norm (see, to that effect, judgment of 24 June 2015 in Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce, C‑293/13 P and C‑294/13 P, EU:C:2015:416, paragraphs 96 and 97). | 43. The right of Member State nationals and their spouses to enter and remain on the territory of another Member State is not, however, unconditional. Among the limits laid down or authorised by Community law, Article 2 of Directive 64/221 enables Member States to prohibit nationals of other Member States or their spouses who are nationals of third countries from entering their territory on grounds of public policy or public security (see, with respect to spouses, MRAX , paragraphs 61 and 62). | 0 |
2,193 | 21 It must be observed in that regard, as the Court has already held in Case 222/84 Johnston [1986] ECR 1651, paragraph 26, that the only articles in which the Treaty provides for derogations applicable in situations which may involve public safety are Articles 36, 48, 56, 223 and 224 of the EC Treaty (now, after amendment, Articles 30 EC, 39 EC, 46 EC, 296 EC and 297 EC), which deal with exceptional and clearly defined cases. Because of their limited character, those articles do not lend themselves to a wide interpretation. | 181. It follows from the foregoing that the general principle of effective judicial protection does not preclude either the conclusion by the Member States whose currency is the euro of an agreement such as the ESM Treaty or their ratification of it. | 0 |
2,194 | 38
In the present case, and in the light of the fact that the referring court referred the question for the purpose of the application of Article 558(1) of the Implementing Regulation, which lays down the conditions governing total relief from import duties for the temporary importation of means of transport, it is also useful to interpret that provision. | 24 The Council therefore maintains that, in order to assess whether an agreement has important budgetary implications, it is necessary to refer to the overall budget of the Community, and that it did not act in a manifestly erroneous and arbitrary manner in seeking merely an opinion of the Parliament for a fisheries agreement under which annual expenditure amounted to 0.07% of that budget. | 0 |
2,195 | 37. In a chain of contracts transferring ownership, the relationship of succession between the initial buyer and the sub-buyer is not regarded as the transfer of a single contract or the transfer of all the rights and obligations for which it provides. In such a case, the contractual obligations of the parties may vary from contract to contract, so that the contractual rights which the sub-buyer can enforce against his immediate seller will not necessarily be the same as those which the manufacturer will have accepted in his relationship with the first buyer ( Handte , paragraph 17). | 17 Furthermore, particularly where there is a chain of international contracts, the parties' contractual obligations may vary from contract to contract, so that the contractual rights which the sub-buyer can enforce against his immediate seller will not necessarily be the same as those which the manufacturer will have accepted in his relationship with the first buyer. | 1 |
2,196 | 50
In that regard, in the first place, it should be noted that, under Article 3(1) of the Framework Directive, the Member States are to ensure that each of the tasks assigned to the NRAs in that directive and the specific directives is undertaken by a competent body. In addition, in accordance with Article 3(2) and (3) of the Framework Directive, read in the light of recital 11 thereof, the Member States must guarantee the independence of the NRAs so that they may exercise their powers impartially, transparently and in a timely manner (see, to that effect, judgments of 3 December 2009, Commission v Germany, C‑424/07, EU:C:2009:749, paragraph 54; of 17 September 2015, KPN, C‑85/14, EU:C:2015:610, paragraph 54, and of 19 October 2016, Ormaetxea Garaiand Lorenzo Almendros, C‑424/15, EU:C:2016:780, paragraph 33). | 59. Moreover, the protection of SPAs is not to be limited to measures intended to avoid external anthropogenic impairment and disturbance but must also, according to the situation that presents itself, include positive measures to preserve or improve the state of the site (see, to this effect, Case C-418/04 Commission v Ireland , paragraph 154). | 0 |
2,197 | 14 However, that condition is not satisfied where the defendant government merely informs the Commission of the legal and practical difficulties involved in implementing the decision, without taking any step whatsoever to recover the aid from the undertakings in question, and without proposing to the Commission any alternative arrangements for implementing the decision which would have enabled the alleged difficulties to be overcome (see Case 94/87 Commission v Germany [1989] ECR 175, paragraph 10, and Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 20). | 54. As regards the reuse of packaging, Article 5 of Directive 94/62 does no more than allow the Member States to encourage, in conformity with the Treaty, systems for the reuse of packaging that can be reused in an environmentally sound manner. | 0 |
2,198 | 19 Lastly, as the Court has consistently held, the application of national provisions to providers of services established in other Member States must be such as to guarantee the achievement of the intended aim and must not go beyond that which is necessary in order to achieve that objective. In other words, it must not be possible to obtain the same result by less restrictive rules (see, most recently, Case C-154/89 Commission v France, cited above, paragraphs 14 and 15; Case C-180/89 Commission v Italy, cited above, paragraphs 17 and 18; Case C-198/89 Commission v Greece, cited above, paragraphs 18 and 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,199 | 47
However, a trader may not place reliance on there being no legislative amendment whatever, but can call into question only the arrangements for the implementation of such an amendment (see, to that effect, judgment of 11 June 2015, Berlington Hungary and Others, C‑98/14, EU:C:2015:386, paragraph 78 and the case-law cited). | 49. That conclusion is, moreover, endorsed by the explanatory memorandum to the proposal for the Sixth Directive ( Bulletin of the European Communities , supplement 11/73, p. 13) in which the Commission observes that ‘when payments on account are received prior to the chargeable event, receipt of these amounts gives rise to a charge to tax, since the parties to the transaction in this way demonstrate their intention that all the financial consequences of the chargeable event should arise in advance’. | 0 |
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