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2,200 | 34. In that connection, it must be remembered that absence of reasons or inadequacy of the reasons stated goes to an issue of infringement of essential procedural requirements within the meaning of Article 230 EC, and constitutes a plea distinct from a plea relating to the substantive legality of the contested measure, which goes to infringement of a rule of law relating to the application of the Treaty within the meaning of that article (see, to that effect, Case C-367/95 P Commission v Sytraval and Brink's France [1998] ECR I-1719, paragraph 67, and Case C-265/97 P VBA v Florimex and Others [2000] ECR I-2061, paragraph 114). | 48. However, the latter analysis is not valid as regards consumption residues which cannot be regarded as ‘by-products’ of a manufacturing or extraction process which are capable of being reused as an integral part of the production process. | 0 |
2,201 | 23. Those courts, when making that assessment, must take into account the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see Pippig Augenoptik , paragraph 55, and Case C‑356/04 Lidl Belgium [2006] ECR I‑0000, paragraph 78). | 21 Accordingly the harmonization provided for by the directive does not extend to direct taxes, such as company income tax, which are a matter for the Member States themselves. | 0 |
2,202 | 32. According to settled case-law, a citizen of the European Union lawfully resident in the territory of the host Member State can rely on Article 12 EC in all situations which fall within the scope ratione materiae of Community law (Case C‑85/96 Martínez Sala [1998] ECR I‑2691, paragraph 63, and Grzelczyk , paragraph 32). | 63 It follows that a citizen of the European Union, such as the appellant in the main proceedings, lawfully resident in the territory of the host Member State, can rely on Article 6 of the Treaty in all situations which fall within the scope ratione materiae of Community law, including the situation where that Member State delays or refuses to grant to that claimant a benefit that is provided to all persons lawfully resident in the territory of that State on the ground that the claimant is not in possession of a document which nationals of that same State are not required to have and the issue of which may be delayed or refused by the authorities of that State. | 1 |
2,203 | 21. In connection with the first part of the first ground of appeal raised by Nexans and Nexans France, as regards the first argument submitted by those parties alleging insufficient reasons in the judgment under appeal concerning the arguments put forward by the appellants as to the geographical scope of the suspected infringement, it is settled case-law that the obligation for the General Court, under Article 36 of the Statute of the Court of Justice, applicable to the General Court by virtue of the first paragraph of Article 53 thereof and Article 81 of the Rules of Procedure of the General Court, to state reasons does not require the General Court to provide an account which follows exhaustively and one by one all the arguments put forward by the parties to the case. The reasoning of the General Court may therefore be implicit on condition that it enables the persons concerned to know the reason for the General Court’s decision and provides the Court of Justice with sufficient material for it to exercise its power of review (see, inter alia, France v Commission , C‑601/11 P, EU:C:2013:465, paragraph 83, and Dow Chemical and Others v Commission , C‑499/11 P, EU:C:2013:482, paragraph 56). | 37. Cependant, les considérations de politique sociale, d’organisation de l’État, d’éthique ou même les préoccupations de nature budgétaire qui ont eu ou qui ont pu avoir un rôle dans la fixation d’un régime de retraite par le législateur national ne sauraient prévaloir si la pension n’intéresse qu’une catégorie particulière de travailleurs, si elle est directement fonction du temps de service accompli et si son montant est calculé sur la base du dernier traitement du fonctionnaire (arrêts précités Beune, point 45; Griesmar, point 30; Niemi, point 47, ainsi que Schönheit et Becker, point 58). | 0 |
2,204 | 90. Moreover, a transition period of only two months between the date on which the contested regulation was adopted and the date fixed by the Austrian authorities for implementation of the sectoral traffic ban was clearly insufficient reasonably to allow the operators concerned to adapt to the new circumstances (see, to that effect, the judgments referred to above in Commission v Germany , paragraphs 79 and 80, and Radlberger Getränkegesellschaft and S. Spitz , paragraphs 80 and 81). | 37. It is common ground that, in the case in the main proceedings, the award of the prize allegedly won by the consumer was not subject to the condition that she order goods from Janus Versand and no order was in fact placed by Ms Engler. Furthermore, it does not appear anywhere in the file that, by claiming the award of the promised ‘prize’, Ms Engler assumed any obligation towards that company, even by incurring an expense in order to obtain the award of the prize. | 0 |
2,205 | 32. However, the Court has held that courses offered by educational establishments essentially financed by private funds, in particular by students and their parents, constitute services within the meaning of Article 50 EC, since the aim of those establishments is to offer a service for remuneration ( Wirth , paragraph 17, and Schwarz and Gootjes‑Schwarz , paragraph 40). | 64. It is thus undisputed, also by the Commission, that Member States may make the issue of the residence permits pursuant to Directive 2003/109 subject to the payment of charges and that, in fixing the amount of those charges, they enjoy a margin of discretion. | 0 |
2,206 | 17 The concept of public security, within the meaning of the Treaty articles cited in the preceding paragraph, covers both a Member State's internal security, as in the Johnston case, and its external security, as in the Sirdar case (see, to this effect, Case C-367/89 Richardt and `Les Accessoires Scientifiques' [1991] ECR I-4621, paragraph 22, Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 26, and Sirdar, cited above, paragraph 17). | 25 The court of the place where the publisher of the defamatory publication is established must therefore have jurisdiction to hear the action for damages for all the harm caused by the unlawful act. | 0 |
2,207 | 19. In addition, a national court or tribunal may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see, inter alia, Case C-134/97 Victoria Film [1998] ECR I-7023, paragraph 14; Case C-195/98 Österreichischer Gewerkschaftsbund [2000] ECR I-10497, paragraph 25, and Syfait and Others , paragraph 35). | 14 In this connection, it should be observed that it has been consistently held that a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see Case 318/85 Greis Unterweger [1986] ECR 955, paragraph 4, and Case C-111/94 Job Centre [1995] ECR I-3361, paragraph 9). | 1 |
2,208 | 128
As regards those decisions by the Council, adopted under Regulation No 1049/2001, Rosneft was the person to whom those decisions were addressed, within the meaning of the fourth paragraph of Article 263 TFEU. Since it is patent that an action by it for annulment of those decisions would have been admissible under that article, it cannot plead the invalidity of those decisions in the context of a preliminary ruling procedure (see, to that effect, judgments of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 23 to 25; 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 36 and 37, and of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraph 46). | 24 In the present case, it is common ground that the applicant in the main proceedings was fully aware of the Commission' s decision and of the fact that it could without any doubt have challenged it under Article 173 of the Treaty. | 1 |
2,209 | 27. It follows that Article 13A(1)(b) and (c) of the Sixth Directive and Article 132(1)(b) and (c) of Directive 2006/112 must be interpreted in the same way (see also, by analogy, Case C‑291/07 Kollektivavtalsstiftelsen TRR Trygghetsrådet [2008] ECR I‑8255, paragraph 23). Thus, the case-law developed in relation to the exemptions provided for by Article 13A(1)(b) and (c) of the Sixth Directive lends itself, in the present case, to serving as a basis for the replies sought by the request for a preliminary ruling. | 118. Doubt is not cast on this conclusion by the judgment in Coditel I , which has been relied upon by FAPL and others and by MPS in support of their arguments. It is true that, in paragraph 16 of that judgment, the Court held that the rules of the Treaty cannot in principle constitute an obstacle to the geographical limits which the parties to a contract of assignment of intellectual property rights have agreed upon in order to protect the author and his assigns and that the mere fact that the geographical limits in question coincide, in some circumstances, with the frontiers of the Member States does not require a different view. | 0 |
2,210 | 23. Legislation which makes the establishment in the host Member State of an economic operator from another Member State subject to the issue of a prior authorisation and allows self-employed activity to be pursued only by certain economic operators who satisfy predetermined requirements, compliance with which is a condition for the issue of that authorisation, constitutes a restriction within the meaning of Article 43 EC. Such legislation deters or even prevents economic operators from other Member States from pursuing their activities in the host Member State through a fixed place of business (see, to this effect, Hartlauer , paragraphs 34, 35 and 38). | 22. En effet, il existe un intérêt certain de l’Union à ce que, pour éviter des divergences d’interprétation futures, les dispositions ou les notions reprises du droit de l’Union reçoivent une interprétation uniforme, lorsqu’une législation nationale se conforme, pour les solutions qu’elle apporte à des situations ne relevant pas du champ d’application de l’acte de l’Union concerné, à celles retenues par ledit acte, afin d’assurer un traitement identique aux situations internes et aux situations régies par le droit de l’Union, quelles que soient les conditions dans lesquelles les dispositions ou les notions reprises du droit de l’Union sont appelées à s’appliquer (voir, en ce sens, arrêts Salahadin Abdulla e.a., précité, point 48; du 12 juillet 2012, SC Volksbank România, C‑602/10, points 87 et 88; Nolan, précité, point 46 et jurisprudence citée, ainsi que du 14 mars 2013, Allianz Hungária Biztosító e.a., C‑32/11, points 20 et 21). | 0 |
2,211 | 43. The first three Lomé Conventions all contained a standstill clause worded in terms similar to those in Article 1 of Protocol No 5 on bananas annexed to the Fourth Lomé Convention ( Chiquita Italia , paragraph 62). Since the First Lomé Convention entered into force on 1 April 1976, that date is the reference point for the application of the standstill clause (see, to that effect, Chiquita Italia , paragraph 63). | 103. In that regard, it is clear from the settled case-law of the Court that, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon before the national courts by individuals against the State where the latter has failed to implement the directive in domestic law by the end of the period prescribed or where it has failed to implement the directive correctly (see, inter alia, Joined Cases C‑6/90 and C‑9/90 Francovich and Others [1991] ECR I‑5357, paragraph 11, and Case C‑62/00 Marks & Spencer [2002] ECR I‑6325, paragraph 25). | 0 |
2,212 | 30. Whilst the objective of preserving powers of taxation as between the Member States has been recognised as legitimate by the Court (see, inter alia, Case C‑371/10 National Grid Indus EU:C:2011:785, paragraph 45) in order to safeguard symmetry between the right to tax profits and the right to deduct losses (see Case C‑414/06 Lidl Belgium EU:C:2008:278, paragraph 33), in a situation such as that at issue in the main proceedings the power of the host Member State, on whose territory the economic activity giving rise to the losses of the consortium company is carried out, to impose taxes is not at all affected by the possibility of transferring, by relief and to a resident company, the losses sustained by another company, since the latter is also resident for tax purposes in that Member State (see, to this effect, Philips Electronics EU:C:2012:532, paragraphs 25 and 26). | 44. Against that background, it should be noted that the European Union is based on the rule of law and the acts of its institutions are subject to review by the Court of their compatibility with EU law and, in particular, with the Treaty on the Functioning of the European Union and the general principles of law. The Treaty on the Functioning of the European Union has established a complete system of legal remedies and procedures designed to confer on the judicature of the European Union jurisdiction to review the legality of acts of the institutions of the European Union (see, to that effect, Case C-50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I‑6677, paragraphs 38 and 40, and Kadi and Al Barakaat International Foundation v Council and Commission , paragraph 281). | 0 |
2,213 | 56. In this connection, due account must be taken of the specific legal and factual circumstances in the case (see, to that effect, judgment in Post Danmark , C‑209/10, EU:C:2012:172, paragraph 26 and the case-law cited). | 12 FURTHERMORE, IF THE COURT WERE TO ANNUL THE ENTIRE MEASURE THIS WOULD CONSTITUTE A RULING ULTRA PETITA SINCE THE APPLICATION AGAINST THE CONTESTED DECISION DOES NOT CONCERN PUBLIC POLICY . | 0 |
2,214 | 35. However, that interpretation rests on the link of functional equivalence which exists between the criteria set out in Article 8(1) of Directive 91/414 as transitional measures and those laid down in Article 4 of that directive ( Hogan Lovells International , paragraphs 33 to 46). There is no such link of functional equivalence between the criteria laid down in Article 8(4) of Directive 91/414 and those in Article 4 thereof. | 11 It must in this connection be borne in mind that, according to settled case-law, mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State's obligations under the Treaty (see, in particular, Case C-315/98 Commission v Italy [1999] ECR I-8001, paragraph 10, and Case C-254/00 Commission v Netherlands [2001] ECR I-7567, paragraph 7). | 0 |
2,215 | 30 Article 49 EC likewise precludes the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State (Commission v France, cited above, paragraph 17). | 62. As stated in paragraph 36 of the judgment in Zenatti , the restrictions must in any event reflect a concern to bring about a genuine diminution of gambling opportunities, and the financing of social activities through a levy on the proceeds of authorised games must constitute only an incidental beneficial consequence and not the real justification for the restrictive policy adopted. | 0 |
2,216 | 62. In that regard, it must be noted that, subject to the right to reparation which flows directly from EU law, where those conditions are satisfied, it is on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss or damage caused, provided that the conditions for reparation of loss or damage laid down by national law are not less favourable than those relating to similar domestic claims (principle of equivalence) and are not so framed as to make it, in practice, impossible or excessively difficult to obtain reparation (principle of effectiveness) ( Köbler , paragraph 58; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 123; and Transportes Urbanos y Servicios Generales , paragraph 31). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,217 | 57. S’agissant, deuxièmement, de l’omission dans le contrat de crédit litigieux de la mention de certaines informations relatives aux conditions de remboursement et aux frais liés à ce crédit, la Cour a jugé que, eu égard à l’objectif de protection du consommateur poursuivi par la directive 87/102 contre des conditions de crédit inéquitables et afin de lui permettre d’avoir une entière connaissance des conditions de l’exécution future du contrat souscrit, lors de la conclusion de celui‑ci, l’article 4 de cette directive exige que l’emprunteur détienne l’ensemble des éléments susceptibles d’avoir une incidence sur la portée de son engagement (voir, en ce sens, arrêt Berliner Kindl Brauerei, C‑208/98, EU:C:2000:152, point 21, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 68). | 17 It is settled case-law that in interpreting a provision of Community law it is necessary to consider not only its wording but also, where appropriate, the context in which it occurs and the objects of the rules of which it is part (see, in particular, Case 292/82 Merck v Hauptzollamt Hamburg-Jonas [1983] ECR 3781, paragraph 12). | 0 |
2,218 | 42. It should be pointed out in that regard that freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right for them to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, branch or agency (see, in particular, Case C-307/97 Saint‑Gobain ZN [1999] ECR I-6161, paragraph 35; Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 30; and Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 41). | 54. En ce qui concerne la décision du 28 avril 2004, il y a lieu de relever qu’elle est relative, comme celle du 26 juin 2003, à la situation de M. Weißenfels au regard de l’article 67, paragraphe 2, du statut et a pour objet d’actualiser le montant de l’allocation luxembourgeoise déduite de l’allocation statutaire. En admettant même que, au regard de cette constatation, la décision du 28 avril 2004 puisse être considérée comme confirmative de celle du 26 juin 2003, les conclusions dirigées contre elle ne pourraient être déclarées irrecevables pour ce motif, dès lors que la décision du 26 juin 2003 a été attaquée dans le délai requis. En effet, un recours contre une décision confirmative est irrecevable seulement si la décision confirmée est devenue définitive à l’égard de l’intéressé, faute d’avoir fait l’objet d’un recours contentieux introduit dans le délai requis. Dans le cas contraire, la personne intéressée est en droit d’attaquer soit la décision confirmée, soit la décision confirmative, soit l’une et l’autre de ces décisions (voir arrêt du 11 mai 1989, Maurissen et Union syndicale/Cour des Comptes, 193/87 et 194/87, Rec. p. 1045, points 25 et 26). | 0 |
2,219 | 24. In this respect, it should first of all be pointed out that, although, as the German, Netherlands, Austri an, Swedish and United Kingdom Governments as well as the Commission have observed, the Member States are competent, under Article 149(1) EC, as regards the content of teaching and the organisation of their respective education systems, it is none the less the case that that competence must be exercised in compliance with Community law (see, to that effect, Case C‑308/89 di Leo [1990] ECR I‑4185, paragraphs 14 and 15; Case C‑337/97 Meeusen [1999] ECR I‑3289, paragraph 25; Case C‑147/03 Commission v Austria [2005] ECR I‑5969, paragraphs 31 to 35, and Schwarz and Gootjes-Schwarz , paragraph 70) and, in particular, in compliance with the Treaty provisions on the freedom to move and reside within the territory of the Member States, as conferred by Article 18(1) EC (see, to that effect, Schwarz and Gootjes-Schwarz , paragraph 99). | 32. As the Court has already held in paragraph 25 of Case 293/83 Gravier [1985] ECR 593, the conditions of access to vocational training fall within the scope of the Treaty (see also Case C-65/03 Commission v Belgium [2004] ECR I-6427, paragraph 25). | 1 |
2,220 | 21 Thus, according to the case-law, in cases where the product has already undergone a health check in the State of dispatch affording guarantees equivalent to those resulting from the inspection on importation, the second check must not duplicate that carried out in the Member State of dispatch and must therefore, in all cases, be limited to measures designed to counter the risks arising from transportation or from any handling following the check carried out on dispatch (see United Foods and Van den Abeele v Belgian State, paragraph 29). | 54. On the other hand, where the equipment at issue has been made available to natural persons for private purposes it is unnecessary to show that they have in fact made private copies with the help of that equipment and have therefore actually caused harm to the author of the protected work. | 0 |
2,221 | 29
In that regard, the Court has previously held that it is apparent from the aim of the First, Second and Third Directives, and from their wording, that they do not seek to harmonise the rules of the Member States governing civil liability and that, as EU law now stands, the Member States are free to determine the rules of civil liability applicable to road accidents (judgment of 23 October 2012, Marques Almeida, C‑300/10, EU:C:2012:656, paragraph 29 and the case-law cited). | 29. In that regard, the Court has already held that it is apparent from the aim of the First, Second and Third Directives, and from their wording, that they do not seek to harmonise the rules of the Member States governing civil liability and that, as EU law stands at present, the Member States are free to determine the rules of civil liability applicable to road accidents ( Carvalho Ferreira Santos , paragraph 32 and the case-law cited, and Ambrósio Lavrador and Olival Ferreira Bonifácio , paragraph 26). | 1 |
2,222 | 34. According to that case-law, the Member States may confer on the universal postal service provider, as an undertaking entrusted to operate services of general economic interest, exclusive rights likely to restrict competition or even exclude all competition when that is necessary in order to allow it to perform its task of general interest and in particular to have the benefit of economically acceptable conditions (Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 to 16). | 34 The Commission challenges SNUA's contention that it was not at fault and claims that due care under the contract should at least have prompted SNUA to advise the Commission that there was a risk of non-performance. | 0 |
2,223 | 78. It is clear from the case-law that, where a national measure relates to both the free movement of goods and the freedom to provide services, the Court will in principle examine it in the light of one only of those two fundamental freedoms if it is apparent that one of them is entirely secondary in relation to the other and may be considered together with it (see Case C‑275/92 Schindler [1994] ECR I‑1039, paragraph 22, and Case C-108/09 Ker-Optika [2010] ECR I-0000, paragraph 43). | 111
If the competent EU authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 123, and Council v Fulmen and Mahmoudian, C‑280/12 P, EU:C:2013:775, paragraph 68). | 0 |
2,224 | 40
The Member States are, therefore, free to set the objectives of their policy on betting and gaming and, where appropriate, to define in detail the level of protection sought. However, the restrictive measures that the Member States impose must satisfy the conditions laid down in the case-law of the Court as regards, inter alia, their justification by overriding reasons in the general interest and their proportionality (judgment of 8 September 2016, Politanò, C‑225/15, EU:C:2016:645, paragraph 40 and the case-law cited). | 37 Professional secrecy entails not only establishing rules prohibiting disclosure of confidential information but also making it impossible for the authorities legally in possession of such information to use it, in the absence of an express provision allowing them to do so, for a reason other than that for which it was obtained. | 0 |
2,225 | 31. The WTO Agreement, of which the TRIPs Agreement forms part, has been signed by the Community and subsequently approved by Decision 94/800. Therefore, according to settled case-law, the provisions of that convention now form an integral part of the Community legal order (see, inter alia, Case C-344/04 IATA and ELFAA [2006] ECR I-403, paragraph 36, and Case C-459/03 Commission v Ireland ECR I-4635, paragraph 82). Within the framework of that legal order the Court has jurisdiction to give preliminary rulings concerning the interpretation of that agreement (see, inter alia, Case 181/73 Haegeman v Belgium [1974] ECR 449, paragraphs 4 to 6, and Case 12/86 Demirel [1987] ECR 3719, paragraph 7). | 82. The Convention was signed by the Community and subsequently approved by Decision 98/392. It follows that, according to settled case-law, the provisions of that convention now form an integral part of the Community legal order (see, inter alia, Case C-344/04 IATA and ELFAA [2006] ECR I-0000, paragraph 36). | 1 |
2,226 | 16. However, the Commission is required, not to demonstrate exhaustively that the checks carried out by the national authorities are inadequate, or that there are irregularities in the figures submitted by them, but to adduce evidence of serious and reasonable doubt on its part regarding those checks or figures (Netherlands v Commission , cited above, paragraph 40).
The reason for this mitigation of the burden of proof on the Commission is that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts; consequently, it is for the State to adduce the most detailed and comprehensive evidence that it has made checks or that its figures are accurate and, if appropriate, that the Commission's assertions are incorrect (Netherlands v Commission , cited above, paragraph 41). | 51. La réglementation en cause au principal établit ainsi une différence de traitement fiscal entre les couples de citoyens de l’Union résidant sur le territoire du Royaume de Belgique en fonction de l’origine et de l’importance de leurs revenus qui est susceptible de produire un effet dissuasif sur l’exercice par ces derniers des libertés garanties par le traité, et notamment de la liberté d’établissement (voir, en ce sens, arrêt Beker, précité, point 52). | 0 |
2,227 | 67. That European Union measures implementing restrictive measures decided at international level enjoy no immunity from jurisdiction has moreover been confirmed in Joined Cases C‑399/06 P and C‑403/06 P Hassan and Ayadi v Council and Commission [2009] ECR I‑11393, paragraphs 69 to 75, and, more recently, in the judgment of 16 November 2011 in Case C‑548/09 P Bank Melli Iran v Council [2011] ECR I‑0000, where it is stated, in paragraph 105, with reference to the Kadi judgment, that, without the primacy of a Security Council resolution at the international level thereby being called into question, the requirement that the European Union institutions should pay due regard to the institutions of the United Nations must not result in there being no review of the lawfulness of such European Union measures, in the light of the fundamental rights which are an integral part of the general principles of European Union law. | 46 Thus, in accordance with the principle of proportionality, the Member States must employ means which, whilst enabling them effectively to attain the objective pursued by their domestic laws, are the least detrimental to the objectives and the principles laid down by the relevant Community legislation. | 0 |
2,228 | 30
As regards a national measure coming within the field of public health, the Court has on numerous occasions held that the health and life of humans rank foremost among the assets and interests protected by the Treaty and that it is for the Member States to determine the level of protection which they wish to afford to public health and the way in which that level is to be achieved. Since that level may vary from one Member State to another, Member States should be allowed a measure of discretion (see judgment of 12 November 2015, Visnapuu, C‑198/14, EU:C:2015:751, paragraph 118 and the case-law cited). | 45 Temporary storage pending collection, on the site where it is produced, is therefore to be defined as the preparatory operation to waste management within the meaning of Article 1(d) of Directive 75/442. | 0 |
2,229 | 22. Firstly, it should be recalled that Article 24(1) of the Sixth Directive gives Member States the option of applying a special scheme to small undertakings, which constitutes an exception to the normal rules of the directive (see, to that effect, Joined Cases C‑308/96 and C‑94/97 Madgett and Baldwin [1998] ECR I‑6229, paragraph 34). Like the other special schemes provided for in Articles 25 and 26 of the directive, the scheme under Article 24 must be applied only to the extent necessary to achieve its objective (see, to that effect, Case C‑280/04 Jyske Finans [2005] ECR I‑10683, paragraph 35). Moreover, it is settled case-law that any exception to or derogation from a general rule is to be interpreted strictly (Case C‑83/99 Commission v Spain [2001] ECR I‑445, paragraph 19, and Case C‑321/02 Harbs [2004] ECR I‑7101, paragraph 27). | 57. À cet égard, il convient de rappeler qu’une violation, par une juridiction de l’Union, de son obligation résultant de l’article 47, deuxième alinéa, de la Charte de juger les affaires qui lui sont soumises dans un délai raisonnable doit trouver sa sanction dans un recours en indemnité porté devant le Tribunal, un tel recours constituant un remède effectif. Ainsi, une demande visant à obtenir réparation du préjudice causé par le non‑respect, par le Tribunal, d’un délai de jugement raisonnable ne peut être soumise directement à la Cour dans le cadre d’un pourvoi, mais doit être introduite devant le Tribunal lui-même (arrêt Telefónica et Telefónica de España/Commission, C‑295/12 P, EU:C:2014:2062, point 66 et jurisprudence citée). | 0 |
2,230 | 41. The framework agreement, in particular clause 4 thereof, aims to apply the principle of non-discrimination to fixed-term workers in order to prevent an employer using such an employment relationship to deny those workers rights which are recognised for permanent workers (judgments in Del Cerro Alonso , C‑307/05, EU:C:2007:509, paragraph 37; Gavieiro Gavieiro and Iglesias Torres , C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 48; and Nierodzik , C‑38/13, EU:C:2014:152, paragraph 23; and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraph 30, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 35). | À cet égard, il découle d’une jurisprudence constante que permettre à une partie de soulever pour la première fois devant la Cour des moyens et des arguments qu’elle n’a pas soulevés devant le Tribunal reviendrait à l’autoriser à saisir la Cour, dont la compétence en matière de pourvoi est limitée, d’un litige plus étendu que celui dont a eu à connaître le Tribunal. Dans le cadre d’un pourvoi, la compétence de la Cour est donc limitée à l’examen de l’appréciation par le Tribunal des moyens et des arguments qui ont été débattus devant lui (arrêt du 22 octobre 2015, AC-Treuhand/Commission, C‑194/14 P, EU:C:2015:717, point 54). La critique ainsi formulée par la requérante doit, dès lors, être écartée comme étant irrecevable. | 0 |
2,231 | 48. In that regard, it is sufficient to recall that the right of Member States to restrict freedom of movement for persons on grounds of public policy, public security or public health is not intended to exclude economic sectors such as that of merchant shipping, or occupations, such as that of master or chief mate of merchantmen from the application of that principle as regards access to employment, but to allow Member States to refuse access to their territory or residence there to persons whose access or residence would in itself constitute a danger for public policy, public security or public health (see, as far as public health is concerned, Case 131/85 Gül [1986] ECR 1573, paragraph 17, and as far as private security is concerned, Commission v Spain , paragraph 42). | 43. Moreover, as the Court observed in Jauch , the conditions for the grant of care allowance and the way in which it is financed cannot have the intention or the effect of changing the character of care allowance as analysed in the Molenaar and Jauch judgments. The fact that the grant of the benefit is not necessarily linked to payment of a sickness insurance benefit or a pension awarded on a basis other than sickness insurance cannot therefore change that analysis. | 0 |
2,232 | 40. À cet égard, il convient de rappeler, d’abord, que, en vertu d’une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre en cause telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts Commission/Espagne, C‑168/03, EU:C:2004:525, point 24; Commission/Luxembourg, C‑23/05, EU:C:2005:660, point 9, et Commission/Italie, EU:C:2010:115, point 79). | 43. It follows that a scheme providing for reduced transport fares for students comes within the scope of the FEU Treaty in so far as it enables them, directly or indirectly, to cover their maintenance costs. | 0 |
2,233 | 64 Environmental protection has already been considered by the Court to be one of the essential objectives of the Community (see Case 240/83 Procureur de la République v Association de Défense des Brûleurs d'Huiles Usagées [1985] ECR 531, paragraph 13). In Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 9, the Court held that protection of the environment is an imperative requirement which may limit the application of Article 30 of the Treaty. | 50 In that regard, although, as the Advocate General observes at points 53 to 64 of his Opinion, SA HLMs are commercial companies, their activities are very narrowly circumscribed. | 0 |
2,234 | 21. In adjudicating on references for a preliminary ruling in which the rules of Community law whose interpretation was requested were applicable only because of a reference made to them by national law, the Court has held consistently that, where, in regulating purely internal situations, domestic legislation provides the same solutions as those adopted in Community law, it is clearly in the Community interest that, in order to avoid future differences of interpretation, provisions or concepts taken from Community law should be interpreted uniformly, irrespective of the circumstances in which they are to apply (see, in particular, Joined Cases C‑297/88 and C‑197/89 Dzodzi [1990] ECR I‑3763, paragraph 37; Case C‑28/95 Leur-Bloem [1997] ECR I‑4161, paragraph 32; Case C‑1/99 Kofisa Italia [2001] ECR I‑207, paragraph 32; Case C‑222/01 British American Tobacco [2004] ECR I‑4683, paragraph 40; and Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraph 16). | 19 It is not clear, on the other hand, that the condition of independence is satisfied. | 0 |
2,235 | 43. Thus the Court has held that it has no jurisdiction to give a preliminary ruling on a question submitted by a national court where it is quite obvious that the interpretation or the assessment of the validity of a provision of Community law sought by that court bears no relation to the actual facts of the main action or its purpose, or 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 Bosman , paragraph 61; Case C-437/97 EKW and Wein & Co [2000] ECR I-1157, paragraph 52; and Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 20). | 10 THE SUBMISSION MUST BE REJECTED . | 0 |
2,236 | 48
Irrespective of that omission, it must be noted that, in so far as the provisions of Article 40 of the EEA Agreement have the same legal scope as the substantially identical provisions of Article 63 TFEU, all of the foregoing considerations, concerning the existence of a restriction on the basis of Article 63 TFEU, may, in circumstances such as those in the present case, be transposed mutatis mutandis to Article 40 of the EEA Agreement (see, by analogy, judgment of 1 December 2011 in Commission v Belgium, C‑250/08, EU:C:2011:793, paragraph 83 and the case-law cited). | 43. Applied to an economic entity, the term means the powers, granted to those in charge of that entity, to organise, relatively freely and independently, the work within that entity in the pursuit of its specific economic activity and, more particularly, the powers to give orders and instructions, to allocate tasks to employees of the entity concerned and to determine the use of assets available to the entity, all without direct intervention from other organisational structures of the employer (‘the organisational powers’). | 0 |
2,237 | 52. It should be noted at the outset that comparison lists such as those at issue in the main proceedings may constitute comparative advertising. Article 2(1) of Directive 84/450 provides that ‘advertising’ comprises the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services. Article 2(2a) states that such advertising falls to be treated as comparative where, explicitly or by implication, it identifies a competitor or goods or services offered by a competitor. Those particularly broad definitions mean that the forms which comparative advertising may take are very varied (see, to that effect, Case C-112/99 Toshiba Europe [2001] ECR I-7945, paragraphs 28 and 31; Case C-44/01 Pippig Augenoptik [2003] ECR I-3095, paragraph 35; Case C-381/05 De Landtsheer Emmanuel [2007] ECR I-3115, paragraph 16; and Case C-533/06 O2 Holdings and O2 (UK) [2008] ECR I-4231, paragraph 42). | 28 It must further be pointed out that the mere fact that the contested directive also concerns imports into the Community does not suffice to make Article 113 applicable . It is apparent from Article 40(3 ) of the Treaty that measures taken in the context of the common agricultural policy may also affect importation and exportation of the products concerned . | 0 |
2,238 | 32. The reason for pursuing that objective is the need to avoid a situation in which the level of protection of fundamental rights varies according to the national law involved in such a way as to undermine the unity, primacy and effectiveness of EU law (see, to that effect, Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and Case C‑399/11 Melloni [2013] ECR, paragraph 60). However, there is nothing in the order for reference to suggest that any such risk is involved in the case before the referring court. | 18. Article 13A of the Sixth Directive relates to the exemption from VAT of certain activities in the public interest. That exemption does not cover every activity performed in the public interest, but only those which are listed in that provision and described in great detail (Case C‑401/05 VDP Dental Laboratory [2006] ECR I‑12121, paragraph 24, and Horizon College , paragraph 14). | 0 |
2,239 | 86 By the first part of its fifth question the High Court asks whether the principle of equal treatment laid down in Article 119 applies to all pension benefits paid by occupational schemes or whether a distinction is to be drawn according to the kind of contributions to which those benefits are attributable, namely employers' contributions or employees' contributions, the latter being either compulsory or voluntary. | 22. Any person is thus entitled to claim compensation for the harm suffered where there is a causal relationship between that harm and an agreement or practice prohibited under Article 101 TFEU ( Manfredi and Others EU:C:2006:461 paragraph 61, and Otis and Others EU:C:2012:684, paragraph 43). | 0 |
2,240 | 17. Moreover, that is also the case where one or more supplies constitute a principal supply and the other supply or supplies constitute one or more ancillary supplies which share the tax treatment of the principal supply. In particular, a supply must be regarded as ancillary to a principal supply if it does not constitute for customers an end in itself but a means of better enjoying the principal service supplied (see, to that effect, Case C-349/96 CPP [1999] ECR I-973, paragraph 30; Part Service , paragraph 52; and Joined Cases C-497/09, C-499/09, C-501/09 and C-502/09 Bog and Others [2011] ECR I-1457, paragraph 54). | 13 THE COURT SHARES THE COMMISSION ' S OPINION ON THAT POINT . IT CANNOT BE DENIED THAT VERIFICATIONS CARRIED OUT AFTER IMPORTATION WOULD BE LARGELY DEPRIVED OF THEIR USEFULNESS IF THE USE OF FALSE CERTIFICATES COULD , OF ITSELF , JUSTIFY GRANTING A REMISSION .
| 0 |
2,241 | 77 It considered in particular that no economic operator could claim a right to property in a market share which he held before the adoption of that regime (paragraph 79) or an acquired right or a legitimate expectation that a situation existing before that time would be maintained (paragraph 80). It also held that restrictions on the right to import third-country bananas resulting from the opening of the tariff quota and the machinery for its subdivision were inherent in the objectives of general Community interest pursued by the establishment of a common organisation of the market in the bananas sector and therefore did not improperly impair the freedom of traditional traders in third-country bananas to pursue their trade or business (paragraphs 82 and 87). Finally, it found that the contested measures did not infringe the principle of proportionality since no evidence had been produced that they were manifestly inappropriate for achieving the objectives pursued (paragraphs 94 and 95). | 67 It should be borne in mind that, at paragraphs 64, 61 and 51 respectively of the judgments in Albany, Brentjens' and Drijvende Bokken, the Court held that agreements concluded in the context of collective bargaining between employers and employees and aimed at improving employment conditions are not, by reason of their nature and purpose, to be regarded as falling within the scope of Article 85(1) of the Treaty. | 0 |
2,242 | 82. Thus, the Court has held that if a national law merely encourages or makes it easier for undertakings to engage in autonomous anti-competitive conduct, those undertakings remain subject to Articles 81 EC and 82 EC (Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 73, and CIF , paragraph 56). | 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 |
2,243 | 46. A product is also ‘presented for treating or preventing disease’ whenever any averagely well-informed consumer gains the impression, which, provided it is definite, may even result from implication, that the product in question should, having regard to its presentation, have the properties in question (see, to that effect, van Bennekom , paragraph 18, and Monteil and Samanni , paragraph 23). | 67. La compétence de pleine juridiction conférée au juge communautaire à l’article 91, paragraphe 1, du statut l’investit de la mission de donner aux litiges dont il est saisi une solution complète, c’est-à-dire de statuer sur l’ensemble des droits et des obligations de l’agent, sauf à renvoyer à l’institution en cause, et sous son contrôle, l’exécution de telle partie de l’arrêt dans les conditions précises qu’il fixe. | 0 |
2,244 | 15 In the first place, it follows from the judgment of the Court in Joined Cases 37/73 and 38/73 Sociaal Fonds voor de Diamantarbeiders v N.V. Indiamex and Association de fait De Belder [1973] ECR 1609, paragraphs 10 and 13, that a measure dealing with customs duties but which does not expressly mention charges having equivalent effect may be understood as being intended also to refer to such charges. | 70. An original acquirer who resells a tangible or intangible copy of a computer program for which the copyright holder’s right of distribution is exhausted in accordance with Article 4(2) of Directive 2009/24 must, in order to avoid infringing the exclusive right of reproduction of a computer program which belongs to its author, laid down in Article 4(1)(a) of Directive 2009/24, make his own copy unusable at the time of its resale. In a situation such as that mentioned in the preceding paragraph, the customer of the copyright holder will continue to use the copy of the program installed on his server and will not thus make it unusable. | 0 |
2,245 | 59. It should be recalled that Article 77(1)(a) TFEU states that the European Union is to develop a policy with a view to ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders of the European Union. The abolition of internal border controls forms part of the European Union’s objective, stated in Article 26 TFEU, of establishing an area without internal frontiers in which the free movement of persons is ensured. That aspect of the absence of internal border controls was implemented by the EU legislature by adopting, on the basis of Article 62 EC (now Article 77 TFEU), Regulation No 562/2006 which seeks to build on the Schengen acquis (see, to this effect, judgment in Adil , C‑278/12 PPU, EU:C:2012:508, paragraphs 48 to 50). | 20. In particular, the Court stated, in paragraph 54 of that judgment, that the check, by SOAs, of the technical and financial capacity of the undertakings subject to certification, the veracity and content of the declarations, certificates and documents presented by the persons to whom the certificate is issued and compliance with the conditions relating to the personal situation of the candidate or tenderer, cannot be regarded as an activity that enjoys the decision-making autonomy inherent in the exercise of public authority powers, since that check is regulated entirely by national legislation. Furthermore, the Court noted, in the same paragraph of that judgment, that such a check is carried out under direct State supervision and is designed to facilitate the task of the contracting authorities in the field of public works contracts, its purpose being to allow those authorities to complete their tasks with precise and detailed knowledge of both the technical and financial capacity of the tenderers. | 0 |
2,246 | 21. The Court is bound to conclude in that connection, firstly, that a measure of detention under customs control such as that in issue in the main proceedings, which delays the movement of goods and, if the competent court rules that they are to be confiscated, may block their movement completely, has the effect of restricting the free movement of goods and therefore constitutes an obstacle to that freedom (on the same French legislation, see Commission v France , paragraphs 22 and 23). | 32 In the present case, Article 2 of the relevant Act of Accession provides that, from the date of accession, the provisions of the original Treaties and the acts adopted by the institutions of the Communities before accession are to be binding on the new Member States and are to apply in those States under the conditions laid down in those Treaties and in the Act of Accession itself. | 0 |
2,247 | 65. In that respect, it is sufficient to note that, in accordance with consistent case-law, an objective of a purely economic nature cannot justify a restriction on a fundamental freedom guaranteed by the Treaty (see, to that effect, Case C‑120/95 Decker [1998] ECR I‑1831, paragraph 39; Verkooijen , paragraph 48; Case C‑171/08 Commission v Portugal [2010] ECR I‑0000, paragraph 71). | 21 It follows that persons in minor employment of the type referred to in the national court' s question are part of the working population within the meaning of Article 2 of the directive and therefore fall within its scope ratione personae.
Interpretation of Article 4(1) of the directive | 0 |
2,248 | 68. First of all, as was observed by the Advocate General in points 138 and 139 of his Opinion, in order to determine whether the sale of land by the public authorities to a private individual constitutes State aid, the Commission must apply the private investor test, to determine whether the price paid by the presumed recipient of the aid corresponds to the selling price which a private investor, operating in normal competitive conditions, would be likely to have fixed. As a rule, the application of that test requires the Commission to make a complex economic assessment (see, to that effect, Case C-56/93 Belgium v Commission [1996] ECR-I 723, paragraphs 10 and 11, and Joined Cases C‑328/99 and C‑399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I‑4035, paragraphs 38 and 39). | 39. Since that involves a complex economic appraisal, in reviewing an act of the Commission which has necessitated such an appraisal, the Court must confine itself to verifying whether the Commission complied with the relevant rules governing procedure and the statement of reasons, whether the facts on which the contested finding was based have been accurately stated and whether there has been any manifest error of assessment or a misuse of powers (see inter alia Case C-56/93 Belgium v Commission [1996] ECR I-723, paragraph 11). | 1 |
2,249 | 98. In paragraph 122 of its judgment, the General Court stated that it followed from paragraphs 73 to 79 of ThyssenKrupp v Commission that, by that ground of the cross-appeal, the Commission had not intended to call into question the General Court’s recognition of the transfer of liability on the basis of the statement of 23 July 1997 but only the General Court’s subsequent conclusion that that statement could not be interpreted as also implying that the appellant had waived its right to be heard regarding the acts of which Thyssen Stahl was accused. | 28. In that respect, it should be recalled that Article 15(1) of Regulation No 44/2001 constitutes a derogation both from the general rule of jurisdiction laid down in Article 2(1) of the regulation, which confers jurisdiction upon the courts of the Member State in which the defendant is domiciled, and from the rule of special jurisdiction for contracts, set out in Article 5(1) of the regulation, under which jurisdiction lies with the courts for the place of performance of the obligation in question. Thus, Article 15(1) must necessarily be interpreted strictly (see judgment in Česká spořitelna , EU:C:2013:165, paragraph 26 and case-law cited). | 0 |
2,250 | 38
In the context of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36, ‘the Brussels Convention’), the Court has held that a preventive action brought by a consumer protection association for the purpose of preventing a trader from using terms considered to be unfair in contracts with private individuals is a matter relating to tort, delict or quasi-delict within the meaning of Article 5(3) of the convention (judgment of 1 October 2002 in Henkel, C‑167/00, EU:C:2002:555, paragraph 50), that interpretation also being valid for the Brussels I Regulation (see, to that effect, judgment of 13 March 2014 in Brogsitter, C‑548/12, EU:C:2014:148, paragraph 19). | 60. Toutefois, un tel raisonnement ne vaut que pour autant que la décision consécutive à l’annulation n’ait pas été nouvelle par rapport au projet soumis au comité (voir, en ce sens, arrêts du 30 septembre 1982, Amylum/Conseil, 108/81, Rec. p. 3107, point 10, Roquette Frères/Conseil, 110/81, Rec. p. 3159, point 10, et Tunnel Refineries/Conseil, 11 4/81, Rec. p. 3189, point 9). Ainsi, une complète identité entre la décision annulée et la décision adoptée après annulation n’est pas requise aux fins du recommencement de la procédure de comité, il suffit seulement que la décision adoptée après annulation ne comporte pas de nouvelles mesures et que son objet et son contenu soient semblables à ceux de la décision annulée. | 0 |
2,251 | 14 Thus, as the Court has already observed, only refunds granted and intervention undertaken in accordance with the Community rules within the framework of the common organization of agricultural markets are to be financed by the EAGGF (see, in particular, Case 11/76 Netherlands v Commission [1979] ECR 245, paragraph 8, Joined Cases 15/76 and 16/76 France v Commission, paragraph 10, and Case 347/85 United Kingdom v Commission [1988] ECR 1749, paragraph 11). | 41. So far as concerns the first ground of justification relied on by the Belgian Government, it should be recalled that the Court has already acknowledged that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty (Case C-204/90 Bachmann [1992] ECR I-249, paragraph 28; Case C-319/02 Manninen [2004] ECR I-7477, paragraph 42; Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 40; and Case C-418/07 Papillon [2008] ECR I-8947, paragraph 43). | 0 |
2,252 | 84. À cet égard, il est de jurisprudence constante que la Commission doit, dans l’exercice de son pouvoir discrétionnaire, prendre en considération tous les éléments de droit et de fait pertinents afin de décider de la suite à donner à une plainte (arrêts du 28 mars 1985, CICCE/Commission, 298/83, Rec. p. 1105, point 18; du 17 novembre 1987, British American Tobacco et Reynolds Industries/Commission, 142/84 et 156/84, Rec. p. 4487, point 20; Ufex e.a./Commission, précité, point 86, ainsi que IECC/Commission, précité, point 45). | 77 It considered in particular that no economic operator could claim a right to property in a market share which he held before the adoption of that regime (paragraph 79) or an acquired right or a legitimate expectation that a situation existing before that time would be maintained (paragraph 80). It also held that restrictions on the right to import third-country bananas resulting from the opening of the tariff quota and the machinery for its subdivision were inherent in the objectives of general Community interest pursued by the establishment of a common organisation of the market in the bananas sector and therefore did not improperly impair the freedom of traditional traders in third-country bananas to pursue their trade or business (paragraphs 82 and 87). Finally, it found that the contested measures did not infringe the principle of proportionality since no evidence had been produced that they were manifestly inappropriate for achieving the objectives pursued (paragraphs 94 and 95). | 0 |
2,253 | 95. As regards the argument regarding breach of the principle of protection of legitimate expectations, the General Court did not err in law in recalling in paragraph 174 of the judgment under appeal the case-law according to which the right to rely on that principle extends to any person in a situation where an EU institution has caused him to entertain expectations which are justified by precise assurances provided to him. However, if a prudent and alert economic operator could have foreseen the adoption of an EU measure likely to affect his interests, he cannot plead that principle if the measure is adopted (in addition to the case-law cited in paragraph 174 of the judgment under appeal, see judgment in Alcoa Trasformazioni v Commission , C‑194/09 P, EU:C:2011:497, paragraph 71). | 50. In so far as the referring court is seeking, in the context of a dispute concerning the entitlement of interim civil servants to a length-of-service increment, an interpretation of the expression ‘different length-of service qualifications’, in clause 4(4) of the framework agreement, it should be noted that the Court of Justice has already ruled that a length-of-service payment identical to that at issue in the main proceedings, receipt of which was reserved under national law to the permanent regulated staff in the health service to the exclusion of temporary staff, is covered by the concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement ( Del Cerro Alonso , paragraphs 47 and 48). | 0 |
2,254 | 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. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,255 | 25. En ce qui concerne, en premier lieu, l’argument de la République d’Autriche relatif à une ingérence dans l’aménagement, par les États membres, de leurs systèmes de sécurité sociale, il y a lieu de constater que le recours introduit par la Commission ne remet nullement en question le mode de financement ou la structure du régime de sécurité sociale, mais vise uniquement à ce que la réglementation autrichienne respecte les prescriptions de l’article 6 de la directive 89/105, lesquelles ne portent d’ailleurs ni sur le fonctionnement du code et l’inscription de médicaments dans ce code ni sur la possibilité de prise en charge d’un médicament (voir, en ce sens, arrêt du 27 novembre 2001, Commission/Autriche, C‑424/99, Rec. p. I‑9285, point 26). | 24 That condition cannot be regarded as fulfilled where the competent authorities have been led into error, in particular as to the origin of the goods, by incorrect declarations by the person liable whose validity they do not have to check or assess. In such circumstances, the Court has consistently held that it is the person liable who must bear the risks arising from a commercial document which is found to be false when subsequently checked (judgment in Joined Cases 98 and 230/83 Van Gend en Loos [1984] ECR 3763, paragraph 20). | 0 |
2,256 | 50 It must be borne in mind that the reduction in tax revenue which would be likely to result from the granting of that advantage to type A and type B share transfers is not one of the grounds listed in Article 46 EC and cannot be regarded as a matter of overriding general interest which can be relied upon in order to justify unequal treatment that is, in principle, incompatible with Article 43 EC (see, inter alia, ICI, cited above, paragraph 28, Metallgesellschaft and Others, paragraph 59, and Saint-Gobain ZN, paragraph 51). Such an objective is purely economic and cannot, therefore, according to settled case-law, constitute an overriding reason in the general interest (see, inter alia, Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 48). | 41. Nevertheless, the purpose of Directive 89/104 is generally to strike a balance between the interest which the proprietor of a trade mark has in safeguarding its essential function, on the one hand, and the interests of other economic operators in having signs capable of denoting their products and services, on the other (Case C‑145/05 Levi Strauss [2006] ECR I‑3703, paragraph 29). | 0 |
2,257 | 90
More specifically, the Court has taken that step only in quite specific circumstances, notably where there was a risk of serious economic repercussions owing in particular to the large number of legal relationships entered into in good faith on the basis of rules considered to be validly in force and where it appeared that individuals and national authorities had been led to adopt practices which did not comply with EU law by reason of objective, significant uncertainty regarding the implications of EU provisions, to which the conduct of other Member States or the European Commission may even have contributed (judgments of 15 March 2005, Bidar, C‑209/03, EU:C:2005:169, paragraph 69 and the case-law cited, and of 22 September 2016, Microsoft Mobile Sales International and Others, C‑110/15, EU:C:2016:717, paragraph 61 and the case-law cited). | 36 Having regard to the foregoing, the answer to the first part of the first question must be that Article 4.8(a)(iii) of Directive 65/65, as amended, is to be interpreted as meaning that a medicinal product is essentially similar to an original medicinal product where it satisfies the criteria of having the same qualitative and quantitative composition in terms of active principles, of having the same pharmaceutical form and of being bioequivalent, unless it is apparent in the light of scientific knowledge that it differs significantly from the original product as regards safety or efficacy. | 0 |
2,258 | 12 Second, the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see, in particular, Case C-207/96 Commission v Italy [1997] ECR I-6869, paragraph 18). | 18 The Court has also held that the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (Commission v Germany, paragraph 24). | 1 |
2,259 | 69. First, in the same way that distinctive character acquired following the use which is made of a mark is, in proceedings for registration, an exception to the grounds for refusal listed in Article 3(1)(b), (c) or (d) of Directive 2008/95 (see, to that effect, Case C‑108/05 Bovemij Verzekeringen EU:C:2006:530, paragraph 21), distinctive character acquired following the use which is made of a mark is, in the context of invalidity proceedings, an exception to the grounds for invalidity listed in Article 3(1)(b), (c) or (d). Since it is an exception, the onus is on the party seeking to rely on it to justify its application. | 21. Article 3(3) of the Directive does not provide an independent right to have a trade mark registered. It is an exception to the grounds for refusal listed in Article 3(1)(b) to (d) of the Directive. Its scope must therefore be interpreted in light of those grounds for refusal. | 1 |
2,260 | 19 In paragraphs 9 and 10 of the same judgment, however, the Court stated that, in order to reduce the administrative burden which a fresh examination of the worker's situation following every alteration of benefits would represent, Article 51(1) of Regulation No 1408/71 excluded a recalculation of benefits in accordance with Article 46 and, hence, a fresh comparison between the national system and the Community system when the alteration resulted from events unconnected with the worker's personal circumstances and was the consequence of general economic and social developments. | 20. An anti-suit injunction, such as that in the main proceedings, may be directed against actual or potential claimants in proceedings abroad. As observed by the Advocate General in point 14 of her Opinion, non-compliance with an anti-suit injunction is contempt of court, for which penalties can be imposed, including imprisonment or seizure of assets. | 0 |
2,261 | 35. Since a Member State has sovereignty over the continental shelf adjacent to it — albeit functional and limited sovereignty (see, to that effect, Case C‑111/05 Aktiebolaget NN [2007] ECR I‑2697, paragraph 59) — work carried out on fixed or floating installations positioned on the continental shelf, in the context of the prospecting and/or exploitation of natural resources, is to be regarded as work carried out in the territory of that State for the purposes of applying EU law (see, to that effect, Case C‑37/00 Weber [2002] ECR I‑2013, paragraph 36, and Case C‑6/04 Commission v United Kingdom [2005] ECR I‑9017, paragraph 117). | 26. The concept of pay, within the meaning of Article 157(2) TFEU, comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer (see, inter alia, Case C‑262/88 Barber [1990] ECR I‑1889, paragraph 12). | 0 |
2,262 | 39. With regard to the first of these justifications, it must be pointed out that the Member States are required to choose measures likely to attain the objectives pursued in the field of employment. The Court has recognised that the Member States have a broad margin of discretion in exercising that power. In addition, encouragement of recruitment constitutes a legitimate aim of social policy (see, as regards equal treatment for male and female workers, Case C-167/97 Seymour‑Smith and Perez [1999] ECR I‑623, paragraphs 71 and 74, and Case C-77/02 Steinicke [2003] ECR I‑9027, paragraphs 61 and 62). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,263 | 38. It must be borne in mind that, in an appeal, the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (Case C-7/95 P John Deere v Commission [1998] ECR I-3111, paragraph 22). Save where the evidence adduced before the Court of First Instance has been distorted, the appraisal therefore does not constitute a point of law which is subject to review by the Court of Justice (Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraph 42, and Joined Cases C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraph 49). | 18 DISCRIMINATION WITHIN THE MEANING OF ARTICLE 40 OF THE TREATY CANNOT OCCUR IF INEQUALITY IN THE TREATMENT OF UNDERTAKINGS CORRESPONDS TO AN INEQUALITY IN THE SITUATIONS OF SUCH UNDERTAKINGS . IT IS COMMONLY ACCEPTED THAT THE SITUATION IN THE BEET AND SUGAR SECTORS IN ITALY DIFFERS APPRECIABLY FROM THAT IN THE OTHER MEMBER STATES . THE SPECIAL SITUATION OF ITALY REFERRED TO IN THE PREAMBLES TO REGULATIONS NOS 3330/74 AND 3331/74 HAS OCCASIONED SPECIAL MEASURES INTENDED TO IMPROVE THE STRUCTURE OF THE ECONOMY IN THE BEET AND SUGAR SECTORS IN ITALY AS A WHOLE . IN CERTAIN RESPECTS THE ITALIAN UNDERTAKINGS ENJOY MORE FAVOURABLE ARRANGEMENTS THAN UNDERTAKINGS IN THE OTHER MEMBER STATES , FOR EXAMPLE WITH REGARD TO THE SYSTEM OF AIDS ; IN OTHER RESPECTS CERTAIN ITALIAN UNDERTAKINGS SUFFER THE DISADVANTAGES OF THE SPECIAL SITUATION OF ITALY , FOR EXAMPLE IN THE CASE OF THE REDUCTION IN THEIR BASIC QUOTAS IN FAVOUR OF AN INCREASE IN THE BASIC QUOTAS OF OTHER UNDERTAKINGS ON THE BASIS OF THE RESTRUCTURING PLANS .
| 0 |
2,264 | 30. Next, contrary to the assertions made by the Belgian Government, situations such as those at issue in the main proceedings cannot be compared with the facts at issue in the case which gave rise to the judgment in Astra Zeneca UK . As evidenced by paragraphs 29 to 31 of that judgment, it was established that, in that case, there was a direct link between the provision of retail vouchers by Astra Zeneca Ltd to its employees and the part of the cash remuneration which the employees had to give up as consideration for that provision. In the cases at hand here, by contrast, it is not established either that the managers have suffered a reduction in salary corresponding to the value of having the building in question being made available to them or certain that part of the work done by those managers can be regarded as consideration for having the building in question being made available to them (see, by analogy, Case C‑258/95 Fillibeck [1997] ECR I‑5577, paragraphs 15 and 16). | 5IN THE PRESENT CASE THERE IS NO DOUBT THAT THE PROHIBITION ON DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF THE THIRD PARAGRAPH OF ARTICLE 40 OF THE TREATY AND INFRINGED BY REGULATION NO 563/76 IS IN FACT DESIGNED FOR THE PROTECTION OF THE INDIVIDUAL , AND THAT IT IS IMPOSSIBLE TO DISREGARD THE IMPORTANCE OF THIS PROHIBITION IN THE SYSTEM OF THE TREATY . TO DETERMINE WHAT CONDITIONS MUST BE PRESENT IN ADDITION TO SUCH BREACH FOR THE COMMUNITY TO INCUR LIABILITY IN ACCORDANCE WITH THE CRITERION LAID DOWN IN THE CASE-LAW OF THE COURT OF JUSTICE IT IS NECESSARY TO TAKE INTO CONSIDERATION THE PRINCIPLES IN THE LEGAL SYSTEMS OF THE MEMBER STATES GOVERNING THE LIABILITY OF PUBLIC AUTHORITIES FOR DAMAGE CAUSED TO INDIVIDUALS BY LEGISLATIVE MEASURES . ALTHOUGH THESE PRINCIPLES VARY CONSIDERABLY FROM ONE MEMBER STATE TO ANOTHER , IT IS HOWEVER POSSIBLE TO STATE THAT THE PUBLIC AUTHORITIES CAN ONLY EXCEPTIONALLY AND IN SPECIAL CIRCUMSTANCES INCUR LIABILITY FOR LEGISLATIVE MEASURES WHICH ARE THE RESULT OF CHOICES OF ECONOMIC POLICY . THIS RESTRICTIVE VIEW IS EXPLAINED BY THE CONSIDERATION THAT THE LEGISLATIVE AUTHORITY , EVEN WHERE THE VALIDITY OF ITS MEASURES IS SUBJECT TO JUDICIAL REVIEW , CANNOT ALWAYS BE HINDERED IN MAKING ITS DECISIONS BY THE PROSPECT OF APPLICATIONS FOR DAMAGES WHENEVER IT HAS OCCASION TO ADOPT LEGISLATIVE MEASURES IN THE PUBLIC INTEREST WHICH MAY ADVERSELY AFFECT THE INTERESTS OF INDIVIDUALS .
| 0 |
2,265 | Cette obligation de motivation spécifique constitue une exigence fondamentale en vue non seulement de faire apparaître le
caractère justifié de la demande de renseignements, mais aussi de mettre les entreprises concernées en mesure de saisir la
portée de leur devoir de collaboration tout en préservant en même temps leurs droits de la défense (voir, par analogie, s’agissant
de décisions d’inspection, arrêts Dow Chemical Ibérica e.a./Commission, 97/87 à 99/87, EU:C:1989:380, point 26; Roquette Frères,
C‑94/00, EU:C:2002:603, point 47; Nexans et Nexans France/Commission, C‑37/13 P, EU:C:2014:2030, point 34, ainsi que Deutsche
Bahn e.a./Commission, C‑583/13 P, EU:C:2015:404, point 56). | 43 In the first place, it is undisputed that other methods of distributing daily newspapers, such as by post and through sale in shops and at kiosks, even though they may be less advantageous for the distribution of certain newspapers, exist and are used by the publishers of those daily newspapers. | 0 |
2,266 | 37. It is clear that, in the present case, the obligation to withhold an advance payment on the income tax of workers supplied by temporary employment agencies not established in the Czech Republic and to pay that advance payment to the Czech State is inevitably imposed on the recipients of the services provided by those agencies and entails an additional administrative burden which is not required for the recipients of the same services provided by a resident service provider. Consequently, such an obligation is liable to render cross-border services less attractive for those recipients than services provided by resident service providers, and consequently to deter those recipients from having recourse to service providers resident in other Member States (see, to that effect, FKP Scorpio Konzertproduktionen , EU:C:2006:630, paragraph 33; Commission v Belgium , C‑433/04, EU:C:2006:702, paragraphs 30 to 32; and X , EU:C:2012:635, paragraph 28). | 31. By the same token, the fact that, under Article 402 of the ICT 1992, the principal or the contractor who contracts with a service provider not registered in Belgium is made jointly liable for all of that provider’s tax debts relating to earlier taxable periods at the rate of 35% of the price of the work to be carried out is liable to deter that principal or contractor from having recourse to the services of a provider who is not registered and not established in Belgium, yet who lawfully provides identical services in his Member State of establishment. Even if joint liability applies without distinction when an unregistered service provider is used, regardless of whether he is established in Belgium or in another Member State, it must nevertheless be stated that, while it does not deprive service providers who are not registered and not established in Belgium of the ability to supply their services there, the disputed provision does make access to the Belgian market difficult for them. | 1 |
2,267 | 31. It is settled case-law that Article 33 of the Sixth Directive prohibits the Member States from introducing or maintaining taxes, duties or charges in the nature of turnover taxes (Case 252/86 Bergandi [1988] ECR 1343, paragraphs 10 and 11; Joined Cases 93/88 and 94/88 Wisselink and Others [1989] ECR 2671, paragraphs 13 and 14; Case C-200/90 Dansk Denkavit and Poulsen Trading [1992] ECR I-2217, paragraph 10; and Case C-28/96 Fricarnes [1997] ECR I-4939, paragraph 36). | 26. However, although it cannot be accepted that a worker’s right to a minimum paid annual leave, guaranteed by European Union law, may be reduced where the worker could not fulfil his obligation to work during the reference period due to an illness, the case‑law referred to in the previous paragraph cannot be applied mutatis mutandis to a situation of a worker on short-time working, such as that in the main proceedings. | 0 |
2,268 | 37 It follows that the rule as so interpreted may, and must, be applied by the courts to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions enabling an action relating to the application of that rule to be brought before the courts having jurisdiction are satisfied (see Case 61/79 Amministrazione delle Finanze dello Stato v Denkavit Italiana [1980] ECR 1205, paragraph 16, and Joined Cases C-197/94 and C-252/94 Bautiaa and Société Française Maritime [1996] ECR I-505, paragraph 47). | 19. À titre liminaire, il convient de rappeler que, en vertu de l’article 267 TFUE, fondé sur une nette séparation des fonctions entre les juridictions nationales et la Cour, celle-ci est uniquement habilitée à se prononcer sur l’interprétation ou la validité d’un texte de l’Union, à partir des faits qui lui sont indiqués par la juridiction nationale (voir, en ce sens, notamment, arrêt du 14 janvier 2010, Stadt Papenburg, C‑226/08, Rec. p. I‑131, point 23 et jurisprudence citée). De même, il appartient exclusivement à la juridiction de renvoi d’interpréter la législation nationale (voir, notamment, arrêt du 15 janvier 2013, Križan e.a., C‑416/10, point 58 et jurisprudence citée). | 0 |
2,269 | 34. The Court of Justice has also held that, although the criteria for assessing distinctiveness are the same for the various categories of marks, it may become apparent, in applying those criteria, that the relevant public’s perception is not necessarily the same for each of those categories and that, therefore, it may prove more difficult to establish distinctiveness for some categories of mark than for others (see Joined Cases C-456/01 P and C-457/01 P Henkel v OHIM [2004] ECR I-0000, paragraph 38; Joined Cases C-468/01 P to C-472/01 P Procter & Gamble v OHIM [2004] ECR I-0000, paragraph 36; and Joined Cases C-473/01 P and C‑474/01 P Procter & Gamble v OHIM [2004] I‑0000, paragraph 36) . | 49
In those circumstances it does not appear that the Commission, in determining the benchmarks according to Article 10a(2) of Directive 2003/87, exceeded the limits of its discretion. | 0 |
2,270 | 22. This is why the objective of preventing tax evasion referred to in Article 15 of the Sixth Directive sometimes justifies stringent requirements as regards suppliers’ obligations. However, any sharing of the risk between the supplier and the tax authorities, following fraud committed by a third party, must be compatible with the principle of proportionality ( Teleos and Others , paragraph 58). | 24
According to the settled case-law of the Court, the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but not outside such situations (judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 19). | 0 |
2,271 | 58
In that judgment, after stating that the law governing the crew’s activities does not depend on the nationality of the crew members, but on the State in which the vessel is registered and, where appropriate, the sea area in which the boat is located, the Court also found that Article 6(1)(b) of that regulation may not be applied to the master and other crew members on the sole basis that they are nationals of a Member State (see judgment in Poulsen and Diva Navigation, C‑286/90, EU:C:1992:453, paragraphs 18 and 20). | 58. However, the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the General Court accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced to it. That appraisal does not therefore constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice (see British Aggregates v Commission , paragraph 97). | 0 |
2,272 | 38. As regards mixed taxable persons, under the first and second subparagraphs of Article 17(5) of the Sixth Directive the right to deduct is calculated according to a proportion determined in accordance with Article 19 thereof. The third subparagraph of Article 17(5) nevertheless permits Member States to provide for one of the other methods for determining the right to deduct that are listed in that paragraph, namely, in particular, determination of a separate proportion for each sector of business or deduction on the basis of the use of all or part of the goods and services for a specific activity (see Commission v France , paragraph 30). | 62
It follows that the obligation for the national court to exclude an unfair contract term imposing the payment of amounts that prove not to be due entails, in principle, a corresponding restitutory effect in respect of those same amounts. | 0 |
2,273 | 60. So far as concerns the Portuguese Republic’s argument that the potential changes to the legislation at issue could render the selection of a second supplier superfluous, it should be recalled that the Court has repeatedly held that the existence of a failure to fulfil obligations must be assessed in the light of the EU legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see, inter alia, judgments in Commission v Belgium , C‑377/03, EU:C:2006:638, paragraph 33 and the case-law cited, and Commission v France , C‑170/09, EU:C:2010:97, paragraph 6 and the case-law cited). Therefore, the possibility that legislation might be amended does not relieve a Member State of its obligation to transpose the directive in force into its national legal order within the period prescribed for that transposition. | 43. Such a condition cannot be justified on the ground of protection of creditors. Since there are means of attaining that objective which restrict freedom to provide services and freedom of establishment to a lesser degree, such as setting up a guarantee or taking out an insurance contract, that condition must be regarded as disproportionate. | 0 |
2,274 | 33. National provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned ( Bosman , paragraph 96; Terhoeve , paragraph 39; Graf , paragraph 23; Case C-224/01 Köbler [2003] ECR I‑10239, paragraph 74; Case C-232/01 Van Lent [2003] ECR I‑11525, paragraph 16; and Kranemann , paragraph 26). | À cet égard, la Cour a déjà jugé que, si cet article ne précise pas le contenu concret des mesures qui doivent être prises pour s’assurer que les déchets soient gérés sans mettre en danger la santé de l’homme et sans porter préjudice à l’environnement, il n’en reste pas moins que ledit article lie les États membres quant à l’objectif à atteindre, tout en leur laissant une marge d’appréciation dans l’évaluation de la nécessité de telles mesures (voir, par analogie, arrêt du 21 juillet 2016, , C‑104/15, non publié, EU:C:2016:581, point 80 et jurisprudence citée). | 0 |
2,275 | 28. Consequently, where a Member State provides for a system of education or training grants which enables students to receive such grants if they pursue studies in another Member State, it must ensure that the detailed rules for the award of those grants do not create an unjustified restriction of the right to move and reside within the territory of the Member States (see, by analogy, as regards Article 39 EC, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 27). | 37. However, given the objective of Directive 2001/42, which consists in providing for a high level of protection of the environment, the provisions which delimit the directive’s scope, in particular those setting out the definitions of the measures envisaged by the directive, must be interpreted broadly. | 0 |
2,276 | 16 The Court has consistently held (see, in the first place, Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5) that the prohibition, in Article 30 of the Treaty, of measures having an effect equivalent to quantitative restrictions covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade. | 44 Consequently, a subsidy such as that at issue in the main proceedings, in so far as it takes the form of an increase in the value of the pension (see, in particular, Giletti, paragraph 14), constitutes an old-age cash benefit for the purposes of Article 10(1) of Regulation No 1408/71. This ensures its exportability in the absence of any special procedures for the purposes of Annex VI to Regulation No 1408/71 which might prevent Article 10(1) from applying. | 0 |
2,277 | 13 It is sufficient in that respect to recall that, as the Court held in Case C-70/88, an action for annulment brought by the Parliament against an act of the Council or the Commission is admissible provided that the action seeks only to safeguard its prerogatives and that it is founded only on submissions alleging their infringement (paragraph 27), and that the Parliament' s prerogatives include, in particular, participation in the drafting of legislative measures (paragraph 28). | 93. In that context, the Court has already held that on-call time (‘Bereitschaftsdienst’), where the worker is required to be physically present at a place specified by his employer, must be regarded as wholly working time for the purposes of Directive 93/104, irrespective of the fact that, during periods of on-call time, the person concerned is not continuously carrying on any professional activity (see Jaeger , paragraphs 71, 75 and 103). | 0 |
2,278 | 29. L’intervention des juridictions nationales résulte de l’effet direct reconnu à l’interdiction de mise à exécution des projets d’aide édictée à l’article 108, paragraphe 3, dernière phrase, TFUE. À cet égard, la Cour a précisé que le caractère immédiatement applicable de l’interdiction de mise à exécution visée à cette disposition s’étend à toute aide qui aurait été mise à exécution sans être notifiée (arrêts Lorenz, précité, point 8; du 21 novembre 1991, Fédération nationale du commerce extérieur des produits alimentaires et Syndicat national des négociants et transformateurs de saumon, ci-après l’«arrêt FNCE», C‑354/90, Rec. p. I‑5505, point 11, ainsi que SFEI e.a., précité, point 39). | 32 The Court has also held that the Treaty provisions relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Singh, cited above, paragraph 16, and Terhoeve, cited above, paragraph 37). | 0 |
2,279 | 67. Thus, as is stated in the 20th and 21st recitals in the preamble to the Directive, an element of the human body may be part of a product which is patentable but it may not, in its natural environment, be appropriated ( Netherlands v Parliament and Council , paragraph 73). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,280 | 84. In this respect, it must be recalled that, firstly, as regards the area of State aid, although the Commission enjoys a broad discretion the exercise of which involves economic assessments which must be made in a European Union context, that does not imply that the European Union judicature must refrain from reviewing the Commission’s interpretation of economic data (see Case C‑290/07 P Commission v Scott [2010] ECR I-0000, paragraph 64) and, a fortiori , from reviewing the interpretation of a question regarding the effects of the discrepancy between a basic law and its implementing regulation, such a review being of a strictly legal nature. | 105
Next, Article 2(1) of Regulation No 384/96 lays down a basic rule that the determination of a product’s normal value, which constitutes one of the essential steps for proving the existence of any dumping, must normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting countries (see, to this effect, judgment in GLS, C‑338/10, EU:C:2012:158, paragraph 19). | 0 |
2,281 | 51
However, the Court has already accepted that indirectly discriminatory national legislation restricting the grant to frontier workers of social advantages within the meaning of Article 7(2) of Regulation No 1612/68 where there is not a sufficient connection to the society in which they are pursuing their activities without residing there may be objectively justified and proportionate to the objective pursued (see, to that effect, judgments of 18 July 2007, Hartmann, C‑212/05, EU:C:2007:437, paragraphs 30 to 35 and 37; 18 July 2007, Geven, C‑213/05, EU:C:2007:438, paragraph 26; 11 September 2007, Hendrix, C‑287/05, EU:C:2007:494, paragraphs 54 and 55; and 20 June 2013, Giersch and Others, C‑20/12, EU:C:2013:411, paragraph 64). | 23 Where accommodation in the hotel sector (as a taxable transaction) is distinguished from the letting of dwelling accommodation (as an exempted transaction) on the basis of its duration, that constitutes an appropriate criterion of distinction, since one of the ways in which hotel accommodation specifically differs from the letting of dwelling accommodation is the duration of the stay. In general, a stay in a hotel tends to be rather short and that in a rented flat fairly long. | 0 |
2,282 | 32. To accept that, in the specific circumstances of incapacity for work, the national provisions laying down the carry-over period, can provide for the loss of the worker’s right to paid annual leave, without the worker actually having the opportunity to exercise that right, would undermine the substance of the social right directly conferred by Article 7 of the directive on every worker (see, to that effect, BECTU , paragraphs 48 and 49, and Schultz-Hoff and Others , paragraphs 44, 45, 47 and 48). | 42. It follows that a taxable person may deduct all the VAT levied on goods and services acquired for the exercise of his taxable activities (see NCC Construction Danmark , paragraph 39). | 0 |
2,283 | 28
In that connection, it is common ground that that directive aims to coordinate the laws of the Member States as regards the legal relationship between the parties to a commercial agency contract (judgment of 23 March 2006, Honyvem Informazioni Commerciali, C‑465/04, EU:C:2006:199, paragraph 18 and the case-law cited). | 18. In that connection, it is common ground that the Directive aims to coordinate the laws of the Member States as regards the legal relationship between the parties to a commercial agency contract (Case C-215/97 Bellone [1998] ECR I-2191, paragraph 10, and Case C-456/98 Centrosteel [2000] ECR I-6007, paragraph 13). | 1 |
2,284 | 24. It must also be observed that the EC Treaty does not define the term ‘movement of capital’. However, it is settled case-law that, inasmuch as Article 73b of the Treaty substantially reproduced the content of Article 1 of Directive 88/361, and even if the latter was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (Articles 67 to 73 of the EEC Treaty were replaced by Articles 73b to 73g of the EC Treaty, now Articles 56 EC to 60 EC), the nomenclature relating to capital movements annexed thereto retains the same indicative value as before for the purposes of defining the term ‘movement of capital’ (see, inter alia, Case C-513/03 v an Hilten-van der Heijden [2006] ECR I-1957, paragraph 39, and Case C-452/04 Fidium Finanz [2006] ECR I-9521, paragraph 41). | 41. As regards the notion of ‘capital movements’, there is no definition thereof in the Treaty. It is, however, settled case-law that, inasmuch as Article 56 EC essentially reproduces the contents of Article 1 of Directive 88/361, and even though that directive was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty, (Articles 67 to 73 of the EEC Treaty have been replaced by Articles 73b to 73g of the EC Treaty, now Articles 56 EC to 60 EC), the nomenclature in respect of ‘movements of capital’ annexed to that directive still has the same indicative value, for the purposes of defining the notion of capital movements (see to that effect, inter alia, Case C-222/97 Trummer and Mayer [1999] ECR I-1661, paragraph 21; 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 30; and Case C‑513/03 Van Hilten-van der Heijden [2006] ECR I-1957, paragraph 39). | 1 |
2,285 | 35. In the light of that interpretation, it is clear that, as the Advocate General observed at points 42 and 43 of his Opinion, even though the location of the goods at issue in the main proceedings remained unknown for more than two weeks, which may mean that the inability to give access to those goods is more than merely temporary, nonetheless, according to case-law, the application of Article 203 of the Customs Code is justified where the disappearance of the goods entailed a risk of entry into the economic networks of the European Union (see, to that effect, Liberexim EU:C:2002:433, paragraph 56, and Case C‑300/03 Honeywell Aerospace EU:C:2005:43, paragraph 20). | 32. The reason for pursuing that objective is the need to avoid a situation in which the level of protection of fundamental rights varies according to the national law involved in such a way as to undermine the unity, primacy and effectiveness of EU law (see, to that effect, Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and Case C‑399/11 Melloni [2013] ECR, paragraph 60). However, there is nothing in the order for reference to suggest that any such risk is involved in the case before the referring court. | 0 |
2,286 | 57. In accordance with settled case-law, in the context of consideration of the likelihood of confusion, assessment of the similarity between two marks means more than taking just one component of a composite mark and comparing it with another mark. On the contrary, the comparison must be made by examining each of the marks in question as a whole, which does not mean that the overall impression conveyed to the relevant public by a composite mark may not, in certain circumstances, be dominated by one or more of its components (see Medion , paragraph 29, and OHIM v Shaker , paragraph 41). Nevertheless, it is only if all the other components of the mark are negligible that the assessment of the similarity can be carried out solely on the basis of the dominant element (see OHIM v Shaker , paragraph 42). | 81. Article 8 of the Framework Directive places on the Member States the obligation to ensure that the national regulatory authorities take all reasonable measures aimed at promoting competition in the provision of electronic communications services, ensuring that there is no distortion or restriction of competition in the electronic communications sector and removing remaining obstacles to the provision of those services at European level. | 0 |
2,287 | 50 As far as those reasons are concerned, the Spanish Government refers to the specific nature of the product and the need to protect the good reputation attaching to the Rioja denominación de origen calificada by preserving, by means of the requirement at issue, the quality and guarantee of the origin of Rioja wine. That requirement is therefore justified by virtue of the protection of industrial and commercial property with which Article 36 of the Treaty is concerned. | 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 |
2,288 | 100. It is therefore for the Member States to establish a system of legal remedies and procedures which ensure respect for the fundamental right to effective judicial protection ( Unión de Pequeños Agricultores v Council , paragraph 41, and Commission v Jégo-Quéré , paragraph 31). | 23. À cet égard, il y a lieu de rappeler que l’article 49 TFUE impose la suppression des restrictions à la liberté d’établissement. Selon l’article 54 TFUE, les sociétés constituées en conformité de la législation d’un État membre et ayant leur siège statutaire, leur administration centrale ou leur principal établissement à l’intérieur de l’Union européenne sont assimilées, pour l’application des dispositions du traité relatives à la liberté d’établissement, aux personnes physiques ressortissantes des États membres. Pour ces sociétés, cette liberté comprend le droit d’exercer leur activité dans d’autres États membres par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir arrêts du 23 octobre 2008, Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, C‑157/07, Rec. p. I‑8061, point 28; du 25 février 2010, X Holding, C‑337/08, Rec. p. I‑1215, point 17, et du 6 septembre 2012, Commission/Portugal, précité, point 24). | 0 |
2,289 | 34
In the second place, as regards the criterion of urgency, according to the case-law of the Court, it is appropriate to take into account the fact that the person concerned in the main proceedings is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the outcome of the dispute in the main proceedings (see, to that effect, judgment in Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 24). Moreover, the situation of the person concerned must be assessed as it stood at the time when consideration was given to whether the reference should be dealt with under the urgent procedure (see, to that effect, judgment in N., C‑601/15 PPU, EU:C:2016:84, paragraph 40). | 24. For such a justification to succeed, a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see, inter alia, Case C‑347/04 Rewe Zentralfinanz [2007] ECR I‑2647, paragraph 62 and the case-law cited). | 0 |
2,290 | 168
Thus, although the Court has accepted, in the context particular to betting and gaming, that there may be justification for a restriction such as the granting of a monopoly to a public body entrusted, inter alia, with the task of financing social actions or welfare, it is apparent from the Court’s decisions that that has been the case only with regard to a certain number of overriding reasons relating to the public interest, such as, for example, the objectives of consumer protection and the prevention of both fraud and incitement to squander money on gambling as well as the general need to preserve public order, and in the light of certain moral, religious or cultural factors associated with betting and gaming (see to that effect, inter alia, judgments in Läärä and Others, C‑124/97, EU:C:1999:435, paragraphs 41 and 42; Liga Portuguesa de Futebol Profissional and Bwin International, C‑42/07, EU:C:2009:519, paragraphs 66, 67 and 72; and Stoß and Others, C‑316/07, C‑358/07 to C‑360/07, C‑409/07 and C‑410/07, EU:C:2010:504, paragraphs 79 and 81 to 83). | 28. It is apparent, moreover, from that case-law that the right to paid annual leave may not be interpreted restrictively (see, inter alia, judgments in Zentralbetriebsrat der Landeskrankenhäuser Tirols , C‑486/08, EU:C:2010:215, paragraph 29, and Heimann and Toltschin , C‑229/11 and C‑230/11, EU:C:2012:693, paragraph 23 and the case-law cited). | 0 |
2,291 | 22. In circumstances such as those of the present case, the question whether the clear sense of the evidence has been distorted must be examined in light of the fact that it is normal, given that the prohibition on participating in anti‑competitive practices and agreements and the penalties which offenders may incur are well known, that the activities which those practices and agreements entail take place in a clandestine fashion, for meetings to be held in secret, very often in a non‑member country, and for the associated documentation to be reduced to a minimum. 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. In most cases, the existence of an anti‑competitive practice or agreement must be inferred from a number of coincidences and indicia which, taken together, may, in the absence of another plausible explanation, constitute evidence of an infringement of the competition rules (see, to that effect, Aalborg Portland and Others v Commission , paragraphs 55 to 57). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
2,292 | 35. It is only in connection with the latter investigation, which is designed to enable the Commission to be fully informed of all the facts of the case, that the Treaty imposes an obligation on the Commission to give the parties concerned notice to submit their comments ( Cook v Commission , paragraph 22; Matra v Commission , paragraph 16; and Case C-78/03 P Commission v Aktionsgemeinschaft Recht und Eigentum [2005] ECR I-10737, paragraph 34). | 78. It is not disputed that, in practice, circumstances may arise between the date of the expulsion order and that of its review by the competent court which point to the cessation or the substantial diminution of the threat which the conduct of the person ordered to be expelled constitutes to the requirements of public policy. | 0 |
2,293 | 61. However, it should be recalled that it is for the Court to provide the national court with all those elements for the interpretation of Community law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its questions (see, to that effect, inter alia, Case C-241/89 SARPP [1990] ECR I-4695, paragraph 8; Case C-315/92 Verband Sozialer Wettbewerb (‘Clinique’) [1994] ECR I-317, paragraph 7; Case C-87/97 Consorzio per la tutela del formaggio Gorgonzola [1999] ECR I-1301, paragraph 16; and Case C-456/02 Trojani [2004] ECR I‑7573, paragraph 38). | 15. In this connection, it follows from Article 3(1) of Directive 2001/29 that every act of communication of a work to the public has to be authorised by the copyright holder. | 0 |
2,294 | 18. In the absence of a Treaty definition of ‘movement of capital’ within the meaning of Article 56(1) EC, the Court has previously recognised the nomenclature set out in Annex I to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty [article repealed by the Treaty of Amsterdam] (OJ 1988 L 178, p. 5) as having indicative value. Movements of capital within the meaning of Article 56(1) EC therefore include direct investments, that is to say, as that nomenclature and the related explanatory notes show, investments of any kind undertaken by natural or legal persons and which serve to establish or maintain lasting and direct links between the persons providing the capital and the undertakings to which that capital is made available in order to carry out an economic activity (see, to that effect, Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraphs 179 to 181, and Case C‑157/05 Holböck [2007] ECR I‑0000, paragraphs 33 and 34). As regards shareholdings in new or existing undertakings, as those explanatory notes confirm, the objective of establishing or maintaining lasting economic links presupposes that the shares held by the shareholder enable him, either pursuant to the provisions of the national laws relating to companies limited by shares or in some other way, to participate effectively in the management of that company or in its control (see Test Claimants in the FII Group Litigation , paragraph 182, and Holböck , paragraph 35; see also C‑367/98 Commission v Portugal [2002] ECR I‑4731, paragraph 38; Case C‑483/99 Commission v France [2002] ECR I‑4781, paragraph 37; Case C‑503/99 Commission v Belgium [2002] ECR I‑4809, paragraph 38; Case C‑463/00 Commission v Spain [2003] ECR I‑4581, paragraph 53; Case C‑98/01 Commission v United Kingdom [2003] ECR I‑4641, paragraph 40; Case C‑174/04 Commission v Italy [2005] ECR I‑4933, paragraph 28; and Commission v Netherlands , paragraph 19). | 26. In a situation such as the one now at issue in the main proceedings, contrary to what was stated in paragraph 36 of Lahti Energia , the process of thermal treatment of the waste, commenced in the gas plant, is no longer completed within that plant, since the gas is transported from the gas plant to the power plant where it is used to generate power, although it does not yet possess properties similar to a fossil fuel, particularly with regard to purity. | 0 |
2,295 | 73. It is not in dispute that, by the Exchange of Notes of 29 January and 13 March 1992, the Kingdom of the Netherlands and the United States of America added to the 1957 Agreement an annex concerning the principles relating to CRSs, including those applying to CRSs offered for use or used on Netherlands territory. The Kingdom of the Netherlands maintained that annex in force despite the renegotiation of the 1957 Agreement which led to the Exchange of Notes of October 1992. By acting in that way, that Member State infringed the exclusive external competence of the Community arising from Regulation No 2299/89 (see, to that effect, Commission v Denmark , paragraphs 102 to 104; Commission v Sweden , paragraphs 98 to 100; Commission v Finland , paragraphs 103 to 105; Commission v Belgium , paragraphs 115 to 117; Commission v Luxembourg , paragraphs 108 to 110; Commission v Austria , paragraphs 117 to 119, and Commission v Germany , paragraphs 128 to 130). | En faisant application de cette jurisprudence au cas d’espèce, le Tribunal n’a commis aucune erreur de droit, étant donné
que la Cour a déjà constaté que, du point de vue de l’accès au dossier administratif, les procédures de contrôle des aides
d’État et celles de contrôle des opérations de concentration sont comparables et qu’il convient de reconnaître l’existence
d’une présomption générale de confidentialité des documents afférents à ces procédures dans chacune de celles-ci (voir, en
ce sens, arrêt du 28 juin 2012, Commission/Éditions Odile Jacob, C‑404/10 P, EU:C:2012:393, points 117 à 123). | 0 |
2,296 | 61. However, there can be no requirement that in every case the statement of complaints in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, where the subject-matter of the proceedings has not been extended or altered but simply limited (Case C-191/95 Commission v Germany , paragraph 56; Case C-365/97 Commission v Italy , paragraph 25; and Case C-177/04 Commission v France [2006] ECR I-0000, paragraph 37). | 30
However, that interpretation cannot be inferred unequivocally from the wording of that provision. | 0 |
2,297 | 14 It is only for national courts before which actions have been brought, and which must assume responsibility for the subsequent judgment, to assess, in the light of the circumstances of each case, both the necessity for a preliminary ruling in order to be able to give their judgment and the relevance of the questions they refer to the Court (see, for example, the judgment in Case C-369/89 Piageme [1991] ECR I-2971, at paragraph 10). | 65. It must be found that, whilst Directive 2008/48 provides for obligations relating to the information required to be supplied by the creditor as regards, inter alia, bank charges in so far as they form part of the total cost of the credit within the meaning of Article 3(g) thereof, the directive does not, on the other hand, contain substantive rules relating to the types of charges that the creditor may levy. | 0 |
2,298 | 60 With regard, secondly, to the alleged breach of procedure, it should be borne in mind that, pursuant to Article 168A of the EC Treaty (now Article 225 EC) and the first paragraph of Article 51 of the EC Statute of the Court of Justice, an appeal may rely only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. The appraisal by the Court of First Instance of the evidence put before it does not constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice (see, inter alia, Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraphs 10 and 42). | 47 Further serious incidents of the same type also occurred in 1996 and 1997. | 0 |
2,299 | 35 Protocol No 2 which, by virtue of Article 239 of the Treaty, is an integral part of the Treaty is worded as follows:
"For the purposes of Article 119 of this Treaty, benefits under occupational social security schemes shall not be considered as remuneration if and in so far as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have before that date initiated legal proceedings or introduced an equivalent claim under the applicable national law." | 40 Those obstacles are, however, justified by the public interest objective of protecting public health. The information which producers or distributors of cosmetic products covered by the amended Directive 76/768 are obliged to put on the product's container and packaging, save where it can be effectively conveyed by the use of pictogrammes or signs other than words, will be of no practical use unless it is given in a language which can be understood by the persons for whom it is intended (see, in relation to foodstuffs, Colim, cited above, paragraph 29). | 0 |
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