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2,400 | 40 The application of Community law on freedom of movement for workers in relation to national rules concerning unemployment insurance requires that a person invoking that freedom must have already participated in the employment market by exercising an effective and genuine occupational activity, which has conferred on him the status of a worker within the Community meaning of that term (see in particular, with regard to a study grant, Case 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205, paragraph 21; regarding the grant of public financial assistance, Case C-357/89 Raulin v Minister van Onderwijs en Wetenschappen [1992] ECR I-1027, paragraph 10). By definition, that is not the case where young people are seeking their first employment. | 2 The questions were raised in proceedings brought by Karl Spagl, a farmer, against Hauptzollamt Rosenheim concerning a reference quantity under the additional levy scheme applicable to milk . | 0 |
2,401 | 24. In that regard, it is also to be borne in mind that Article 82 EC applies, in particular, to the conduct of a dominant undertaking that, through recourse to methods different from those governing normal competition on the basis of the performance of commercial operators, has the effect, to the detriment of consumers, of hindering the maintenance of the degree of competition existing in the market or the growth of that competition (see, to that effect, AKZO v Commission , paragraph 69; France Télécom v Commission , paragraphs 104 and 105; and Case C‑280/08 P Deutsche Telekom v Commission [2010] ECR I‑0000, paragraphs 174, 176 and 180 and case-law cited). | 27 It follows, in particular, from the foregoing that the limitation of the effects in time of the Barber judgment concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. | 0 |
2,402 | 68. In the complete absence of a transfer to the service provider of the risk connected with operating the service, the transaction concerned is a service contract (see, to that effect, Case C‑234/03 Contse and Others [2005] ECR I‑9315, paragraph 22; Case C‑382/05 Commission v Italy , paragraphs 35 to 37; and, by analogy, in relation to a works concession, Case C‑437/07 Commission v Italy , paragraphs 30 and 32 to 35). As was stated in paragraph 51 of this judgment, in the case of a service contract, the consideration does not consist in the right to exploit the service. | 48 In that connection, when the implementation by the Council of the agricultural policy in the sugar sector involves the need to evaluate a complex economic situation, the discretion which it has does not apply exclusively to the nature and scope of the measures to be taken but also to some extent to the finding of the basic facts (see Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 25, and Case C-285/94 Italy v Commission [1997] ECR I-3519, paragraph 23). | 0 |
2,403 | 16. Furthermore, as regards possible linguistic divergences, the Court has already held, firstly, that the need for a uniform interpretation of Community law means that a particular provision should not be considered in isolation but in cases of doubt should be interpreted and applied in the light of the other language versions and, secondly, that the different language versions of a Community text must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part (see, to that effect, Case C‑372/88 Cricket St Thomas [1990] ECR I-1345, paragraph 19, and Case C‑174/05 Zuid-Hollandse Milieufederatie and Natuur en Milieu [2006] ECR I-2443, paragraph 20 and the case-law cited). | 19 As the Court stated in its judgment of 5 December 1967 in Case 19/67 Sociale Verzekeringsbank v Van der Vecht (( 1967 )) ECR 345, the need for a uniform interpretation of Community regulations means that a particular provision should not be considered in isolation but in cases of doubt should be interpreted and applied in the light of the other languages . In its judgment of 27 October 1977 in Case 30/77 Regina v Bouchereau (( 1977 )) ECR 1999, the Court also stated that the different language versions of a Community text must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part . | 1 |
2,404 | 48
The foregoing analysis is not called in question by the French Government’s claims that the contributions and social levies at issue in the main proceedings are classified as ‘taxes’ that are levied on income from real estate, not on earned income, and which do not directly give rise to any benefits in return or to any advantage in terms of social security benefits. In fact, as is apparent from the information provided by the referring court, those levies and contributions are in any event allocated specifically and directly for the funding of certain branches of the French social security scheme. An EU official such as Mr de Lobkowicz cannot, accordingly, be subject to those levies and contributions since his financial obligations in matters of social security are governed exclusively by the Protocol and the Staff Regulations and, as such, fall outside the jurisdiction of the Member States (see, by analogy, with regard to Regulation No 1408/71, judgment of 26 February 2015, de Ruyter, C‑623/13, EU:C:2015:123, paragraphs 23, 26, 28 and 29). | 26. Similarly, whether benefits are obtained or not in return is irrelevant for the purposes of the application of Regulation No 1408/71 as the decisive criterion is that of the specific allocation of a contribution to the funding of the social security scheme of a Member State (see, to that effect, judgments in Commission v France , EU:C:2000:84, paragraphs 39 and 40, and Commission v France , EU:C:2000:85, paragraphs 37 and 38). | 1 |
2,405 | 34. In so far as Expedia, the French Government and the Commission have, in their written observations or during the hearing, questioned the finding made by the national court that it is not disputed that the agreement at issue in the main proceedings had an anti-competitive object, it should be remembered that, in proceedings under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the main proceedings is a matter for the national court (Case C-409/06 Winner Wetten [2010] ECR I-8015, paragraph 49 and the case-law cited). | 46. En vertu de l’article 8, paragraphe 4, du règlement n° 207/2009, le titulaire d’un signe utilisé dans la vie des affaires dont la portée n’est pas seulement locale peut s’opposer à l’enregistrement d’une marque communautaire, notamment, lorsque et dans la mesure où, selon le droit de l’État membre qui est applicable à ce signe, des droits à ce dernier ont été acquis avant la date de dépôt de la demande d’enregistrement de cette marque et ledit signe lui donne le droit d’interdire l’utilisation d’une marque plus récente. | 0 |
2,406 | 56. With regard to statements of figures relating to the calculation of fines, it is appropriate to point out that, however useful and desirable such figures may be, they are not essential to compliance with the duty to state reasons for a decision imposing fines; in any event, the Commission cannot, by mechanical recourse to arithmetical formulas alone, divest itself of its own power of assessment (Case C-291/98 P Sarrió v Commission [2000] ECR I-9991, paragraphs 75 to 77, and Limburgse Vinyl Maatschappij , cited above, paragraph 464). | 50. As regards the first stage of the examination to be carried out by the national court, it appears from Article 1 in conjunction with Article 3 of the Directive that it applies to any term conferring exclusive territorial jurisdiction which was not individually negotiated appearing in a contract concluded between a seller or supplier and a consumer. | 0 |
2,407 | 21. It follows that, for the provisions of the authorisation directive to be applicable to a charge such as that at issue in the main proceedings, the trigger for that charge must be linked to a general authorisation procedure, which ensures, under Article 2(2)(a) of the authorisation directive, rights for the provision of electronic communications networks or services (judgment in Base Company , C‑346/13, EU:C:2015:649, paragraph 17; see also, to that effect, judgments in Fratelli De Pra and SAIV , C‑416/14, EU:C:2015:617, paragraph 41; Commission v France , C‑485/11, EU:C:2013:427, paragraphs 30, 31 and 34; and Vodafone Malta and Mobisle Communications , C‑71/12, EU:C:2013:431, paragraphs 24 and 25). | 30. Il résulte des éléments qui précèdent qu’une taxe dont le fait générateur est lié à la procédure d’autorisation générale permettant d’accéder au marché des services de communications électroniques relève du champ d’application de l’article 12 de la directive «autorisation». Les États membres doivent assurer qu’une telle taxe administrative ne soit imposée qu’aux fins décrites à l’article 12 de la directive «autorisation» et respecte les conditions qui y sont énoncées. | 1 |
2,408 | 27 As far as direct taxation is concerned, the Court has held, in cases relating to the taxation of income of natural persons, that the situations of residents and non-residents in a given State are not generally comparable, since there are objective differences between them from the point of view of the source of the income and the possibility of taking account of their ability to pay tax or their personal and family circumstances (Schumacker, cited above, paragraphs 31 to 32; Wielockx, cited above, paragraph 18; and Asscher, cited above, paragraph 41). However, it has explained that, in the case of a tax advantage denied to non-residents, a difference in treatment between the two categories of taxpayer might constitute discrimination within the meaning of the Treaty where there is no objective difference such as to justify different treatment on this point as between the two categories of taxpayers (Schumacker, cited above, paragraphs 36 to 38, and Asscher, cited above, paragraph 42). | 27 During that period, Article 10 of Directive 92/85 does not provide for any exception to, or derogation from, the prohibition of dismissing pregnant workers, save in exceptional cases not connected with their condition where the employer justifies the dismissal in writing. | 0 |
2,409 | 54. In the absence of such a definition in EU law, the meaning and scope of that concept must, in accordance with settled case-law of the Court, be determined by taking into account both the terms in which the provision of EU law concerned is couched and its context (see, in particular, judgments in Lundberg , C‑317/12, EU:C:2013:631, paragraph 19; SFIR and Others , C‑187/12 to C‑189/12, EU:C:2013:737, paragraph 24; and Bouman , C‑114/13, EU:C:2015:81, paragraph 31). | 57. As stated by the Commission, tax legislation such as that at issue in the main proceedings, which grants certain undertakings exclusion from the obligation to pay the tax in question, constitutes State aid, even if it does not involve the transfer of State resources, since it involves the renunciation by the authorities concerned of tax revenue which they would normally have received ( Germany v Commission , paragraphs 26 to 28). | 0 |
2,410 | 19 According to the principles laid down in Directive 65/65, no medicinal product may be placed on the market for the first time in a Member State unless a marketing authorisation has been issued in accordance with the directive by the competent authority of that State. Applications for marketing authorisations for a medicinal product submitted by the person responsible for placing it on the market must contain the information and be accompanied by the documents listed in Article 4 of the directive, even where the medicinal product concerned is already the subject of an authorisation issued by the competent authority of another Member State (Case C-94/98 Rhône-Poulenc Rorer and May & Baker [1999] ECR I-8789, paragraph 23). | 14 Having regard to the broad definition of the persons entitled to the benefit in issue, such legislation in fact has a two-fold function. On the one hand it seeks to ensure a minimum level of income for handicapped persons who are entirely outside the social security system. On the other hand it provides supplementary income for recipients of social security benefits who suffer from physical disablement affecting their mobility. | 0 |
2,411 | 21. Furthermore, it should be noted that, where a Member State has levied taxes in breach of the rules of European Union law, individuals are entitled to reimbursement not only of the tax unduly levied but also of the amounts paid to that State or retained by it which relate directly to that tax. That also includes losses constituted by the unavailability of sums of money as a result of a tax being levied prematurely (see Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraphs 87 to 89; Case C-446/04 Test Claimants in the FII Group Litigation [2006] ECR I-11753, paragraph 205; Littlewoods Retail and Others , paragraph 25, and Joined Cases C-113/10, C-147/10 and C-234/10 Zuckerfabrik Jülich and Others [2012] ECR I-0000, paragraph 65). | 119. En ce qui concerne le respect du principe de proportionnalité, il découle des considérations figurant au point 104 du présent arrêt que seul le caractère manifestement inapproprié d’une mesure prise sur le fondement de l’article 108, paragraphe 2, troisième alinéa, TFUE par rapport à l’objectif que le Conseil entend poursuivre peut affecter la légalité d’une telle mesure (voir, par analogie, arrêts du 8 juillet 2010, Afton Chemical, C‑343/09, Rec. p. I‑7027, point 46, et du 12 juillet 2012, Association Kokopelli, C‑59/11, point 39). | 0 |
2,412 | 61. In that connection, it is sufficient to note that, provided that the appellant challenges the interpretation or application of Community law by the General Court, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose (see Case C-425/07 P AEPI v Commission [2009] ECR I-3205, paragraph 24, and Case C-54/09 P Greece v Commission [2010] ECR I-7537, paragraph 43). | 33. Article 2(a) of Directive 2001/29 provides that authors have the exclusive right to authorise or prohibit reproduction, in whole or in part, of their works. It follows that protection of the author’s right to authorise or prohibit reproduction is intended to cover ‘work’. | 0 |
2,413 | 83. With regard to the local inhabitants’ opposition to the establishment of certain disposal installations, it is settled case-law that a Member State may not plead internal situations, such as difficulties of implementation which emerge at the stage of putting a Community measure into effect, including difficulties relating to opposition on the part of certain individuals, in order to justify a failure to comply with obligations and time-limits laid down by Community law (see Case C‑45/91 Commission v Greece [1992] ECR I‑2509, paragraphs 20 and 21, and Case C‑121/07 Commission v France [2008] ECR I-9159, paragraph 72). | 60 It should, in any event, be remembered that, when an international agreement allows, but does not require, a Member State to adopt a measure which appears to be contrary to Community law, the Member State must refrain from adopting such a measure (see Case C-324/93 Evans Medical and Macfarlan Smith, cited above, paragraph 32). | 0 |
2,414 | 24. In that regard, it is sufficient to point out that, in accordance with settled case-law, the Court has jurisdiction to rule on questions referred by the national court even where the facts of the proceedings before that court fall outside the scope of EU law, provided that, in regulating situations not covered by EU law, the domestic legislation has adopted the same solutions as those adopted under EU law. The Court has consistently held that the legal order of the European Union clearly has an interest in ensuring that, in order to forestall future divergences of interpretation, every provision of EU law is interpreted uniformly, irrespective of the circumstances in which that provision is to apply (see, to that effect, inter alia, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑379, paragraphs 15 to 19; Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19; and Case C-205/09 Eredics and Sápi [2010] ECR I-0000, paragraph 33). | 43. That date must be regarded as decisive as regards application of Article 5(2)(c) of Regulation No 729/70. Indeed, even if they can appear in the decision clearing the accounts, the amounts paid during the preceding year only constitute, as the Commission rightly contends, advances subject to the lodging of a security, and they are therefore not relevant as regards determining the date on which the aid is expended, for the purposes of applying the period of 24 months. | 0 |
2,415 | 42. In the procedure established by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the Court to provide the national court with an answer which will be of use to it and enable it to determine the case before it. In that light, the Court may have to reformulate the questions referred to it (see, inter alia, Case C‑334/95 Krüger [1997] ECR I‑4517, paragraphs 22 and 23, and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 39 and the case-law cited). To that end, the Court may extract from all the information provided by the national court, in particular from the grounds of the decision to make the reference, the legislation and the principles of European Union law that require interpretation in view of the subject-matter of the dispute in the main proceedings (see, to that effect, inter alia, Case 83/78 Redmond [1978] ECR 2347, paragraph 26; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 34; and Fuß , paragraph 40). | 13 As the recitals in its preamble indicate, the Directive aims at encouraging the free movement of capital which is regarded as essential for the creation of an economic union whose characteristics are similar to those of a domestic market. As far as concerns taxes on the raising of capital, the pursuit of such an objective presupposes the abolition of indirect taxes in force in the Member States until then and imposing in place of them a duty charged only once in the common market and at the same level in all the Member States. | 0 |
2,416 | 105. In order to determine whether the complaint raised is well founded, it must be pointed out that, in accordance with established case-law, it is incumbent upon the Commission to prove the allegation that an obligation has not been fulfilled. It is the Commission’s responsibility to place before the Court all the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, Case C‑434/01 Commission v United Kingdom [2003] ECR I‑13239, paragraph 21; Case C‑117/02 Commission v Portugal [2004] ECR I‑5517, paragraph 80; and Case C‑135/05 Commission v Italy [2007] ECR I‑0000, paragraph 26). | 47 It follows that, in any event, the subject-matter of the dispute does not concern the application of Regulation No 1408/71. | 0 |
2,417 | 53. Where the transferring resident company demonstrates that the reincorporated losses are definitive losses for the purposes of paragraph 55 of the judgment in Marks & Spencer (C‑446/03, EU:C:2005:763), it is contrary to Article 49 TFEU to preclude the possibility for that company of deducting from its taxable profits in the Member State of its residence the losses incurred by a non-resident establishment (judgment in Commission v United Kingdom , C‑172/13, EU:C:2015:50, paragraph 27). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,418 | 86. The Court of Justice has already drawn attention to the importance, both in the European Union legal order and in the national legal orders, of the principle of res judicata . In order to ensure stability of the law and legal relations, as well as the sound administration of justice, it is important that judicial decisions which have become definitive after all rights of appeal have been exhausted, or after expiry of the time-limits provided to exercise those rights, can no longer be called into question (Case C‑234/04 Kapferer [2006] ECR I‑2585, paragraph 20; Case C‑526/08 Commission v Luxembourg [2010] ECR I‑6151, paragraph 26; and Case C‑352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I‑2359, paragraph 123). | 80. Toutefois, ce même point 3.2.1 précise sans équivoque que «[l]es coûts admissibles doivent être strictement limités aux coûts d’investissement supplémentaires nécessaires pour atteindre les objectifs de protection de l’environnement» et la phrase citée au point précédent n’a qu’un caractère illustratif. | 0 |
2,419 | 33. The rules established thus come within the scope of Article 141 EC and Directive 75/117 (see by way of analogy, in respect of a system for acquiring entitlement to a higher salary on the basis of rules on seniority, Case C‑184/89 Nimz [1991] ECR I‑297, paragraphs 9 and 10). | 48. It should, however, be pointed out that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under European Union law (see, inter alia, Case C‑568/07 Commission v Greece [2009] ECR I‑4505, paragraph 50, and Commission v Greece , cited above, paragraph 36). | 0 |
2,420 | 49. In that regard, according to the case-law of the Court, since the market concerned is susceptible to the provision of services by operators from other Member States, the members of a national price cartel can retain their market share only if they defend themselves against foreign competition (see, as regards imports, Belasco and Others v Commission , paragraph 34, and British Sugar v Commission , paragraph 28, both cited above). | 47. However, granting the tax advantage in question in the main proceedings to persons who are not insured under the Netherlands social security system would amount to treating different situations in the same way, since insured persons under that system are entitled only in exceptional circumstances to tax credits in respect of social security. It is only in a situation where an insured person cannot set off reductions in contributions against contributions due that he can seek to obtain such tax credits. On the other hand, non-insured persons, such as the applicant in the main proceedings, would always automatically be entitled to a tax credit by virtue of the grant of reductions in contributions in respect of social security. As there is no obligation to pay contributions, such a person can never offset those reductions against social security contributions due. | 0 |
2,421 | 46. A measure which contains no new factor as compared with a previous measure constitutes a purely confirmatory measure and cannot therefore have the effect of setting a fresh time-limit (see Case 23/80 Grasselli v Commission [1980] ECR 3709, paragraph 18). | 26 It went on to hold in the same paragraph that there is a usage in the branch of trade or commerce in question where in particular a certain course of conduct is generally and regularly followed by operators in that branch when concluding contracts of a particular type. | 0 |
2,422 | 60. As regards the argument raised by the Commission that the costs protection regime also does not comply with European Union law in so far as protective costs orders involve a ‘reciprocal cap on costs’ enabling the defendant public authority to limit its financial liability if it loses the case, which indirectly reduces the protection conferred by a fee agreement, it is to be recalled that in proceedings brought under Article 258 TFEU for failure to fulfil obligations it is for the Commission to prove the allegation that an obligation has not been fulfilled. It is the Commission’s responsibility to place before the Court the information required to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, the judgment of 22 November 2012 in Case C‑600/10 Commission v Germany , paragraph 13 and the case-law cited). | 15. That specific requirement in relation optional price supplements, within the meaning of the last sentence of Article 23(1) of Regulation No 1008/2008, is designed to prevent a customer of air services from being induced, during the process of booking a flight, to purchase services additional to the flight proper which are not unavoidable and necessary for the purposes of that flight, unless he chooses expressly to purchase those additional services and to pay the corresponding price supplement. | 0 |
2,423 | 20. It is settled case-law, first of all, that not only an individual piece of information, but also a combination of pieces of information can constitute ‘independent material’ within the meaning of Article 1(2) of Directive 96/9 (see judgments in Fixtures Marketing , C‑444/02, EU:C:2004:697, paragraph 35, and also Football Dataco and Others , C‑604/10, EU:C:2012:115, paragraph 26). | 32. The Court has already held that a special benefit, within the meaning of Article 4(2a) of Regulation No 1408/71, is defined by its purpose. It must either replace or supplement a social security benefit and be in the nature of social assistance justified on economic and social grounds and fixed by legislation setting objective criteria (see Skalka , paragraph 25, and Kersbergen-Lap and Dams-Schipper , paragraph 30). | 0 |
2,424 | 18 It is also appropriate to point out that the first paragraph of Article 41 of the EC Statute of the Court of Justice, which was extended to proceedings before the Court of First Instance by the first paragraph of Article 46 of that Statute, provides that an application for revision of a judgment may only be made on discovery of a fact which is of such a nature as to be a decisive factor and which, when the judgment was given, was unknown to the Court and to the party claiming the revision (see Joined Cases C-199/94 P and C-200/94 P REV Inpesca v Commission [1998] ECR I-831, paragraph 15). | 27 It is only to the extent that an item is used for the purposes of his taxable transactions that a taxable person may deduct from the tax which he is liable to pay the VAT due or to be paid in respect of that item. | 0 |
2,425 | 205. It follows from that case-law that, where a Member State has levied charges in breach of the rules of Community law, individuals are entitled to reimbursement not only of the tax unduly levied but also of the amounts paid to that State or retained by it which relate directly to that tax. As the Court held in paragraphs 87 and 88 of Metallgesellschaft and Others , that also includes losses constituted by the unavailability of sums of money as a result of a tax being levied prematurely. | 43. En outre, et contrairement à ce qu’a fait valoir M. Guigard dans sa réponse au pourvoi incident de la Commission, la simple invocation de règles juridiques qui ne découlent pas dudit contrat de travail, mais qui s’imposent aux parties, ne saurait avoir pour conséquence de modifier la nature contractuelle du litige et de soustraire, par conséquent, ce dernier à la juridiction compétente. S’il en était autrement, la nature du litige et, par conséquent, la juridiction compétente seraient susceptibles de changer au gré des normes invoquées par les parties, ce qui irait à l’encontre des règles de compétence matérielle des différentes juridictions. | 0 |
2,426 | 30. As regards in particular the term ‘education’, it should be borne in mind that the Court has held, in essence, that although the transfer of knowledge and skills between a teacher and students is a particularly important element of educational activity referred to in Article 13A(1)(i) of the Sixth Directive, it remains the case that that activity consists of a combination of elements which include, along with those relating to the teacher-student relationship, also those which make up the organisational framework of the establishment concerned (see, to that effect, Horizon College , paragraphs 18 to 20). | 9OBSERVANCE OF THE RIGHT TO BE HEARD IS IN ALL PROCEEDINGS IN WHICH SANCTIONS , IN PARTICULAR FINES OR PENALTY PAYMENTS , MAY BE IMPOSED A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH MUST BE RESPECTED EVEN IF THE PROCEEDINGS IN QUESTION ARE ADMINISTRATIVE PROCEEDINGS .
ARTICLE 19 ( 1 ) OF COUNCIL REGULATION NO 17 OBLIGES THE COMMISSION , BEFORE TAKING A DECISION IN CONNEXION WITH FINES , TO GIVE THE PERSONS CONCERNED THE OPPORTUNITY OF PUTTING FORWARD THEIR POINT OF VIEW WITH REGARD TO THE COMPLAINTS MADE AGAINST THEM .
SIMILARLY ARTICLE 4 OF REGULATION NO 99/63 OF THE COMMISSION OF 25 JULY 1963 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1963 , P . 47 ) ON THE HEARING PROVIDED FOR ARTICLE 19 OF REGULATION NO 17 PROVIDES THAT THE COMMISSION SHALL IN ITS DECISIONS DEAL ONLY WITH THOSE OBJECTIONS RAISED AGAINST UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS IN RESPECT OF WHICH THEY HAVE BEEN AFFORDED THE OPPORTUNITY OF MAKING KNOWN THEIR VIEWS .
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2,427 | 48. As regards, secondly, the methods and conditions of collecting such interest, in a situation where, as in the main proceedings, it is on the basis of the national law of a Member State that there is a claim for interest in addition to the recovery of the financial advantage wrongly received from the European Union budget, it is for the national law of that Member State to lay down the methods and conditions applicable to the recovery of that interest, incidental to the recovery of sums wrongly received (see Case 26/74 Roquette frères v Commission [1976] ECR 677, paragraph 12). | 29 In order to determine whether the conditions for the transfer of an entity are met, it is necessary to consider all the facts characterising the transaction in question, including in particular the type of undertaking or business, whether or not its tangible assets, such as buildings and movable property, are transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of its employees are taken over by the new employer, whether or not its customers are transferred, the degree of similarity between the activities carried on before and after the transfer, and the period, if any, for which those activities were suspended. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see, in particular, Spijkers and Süzen, paragraphs 13 and 14 respectively). | 0 |
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Lastly, it is important to point out that in setting out their NAPs, the Member States have a certain margin for manoeuvre (see, to that effect, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 51 to 53). At the end of the procedure under Article 9 of Directive 2003/87, an NAP enjoys a presumption of legality, since, after the three-month time limit laid down in Article 9(3) has expired, it is regarded as definitive where the Commission makes no observations, so that the Member State concerned may adopt it (judgment of 3 October 2013, Commission v Latvia, C‑267/11 P, EU:C:2013:624, paragraph 46). | 30. Accordingly, signs and indications which may serve in trade to designate the characteristics of the goods or service in respect of which registration is sought are, by virtue of Regulation No 40/94, deemed incapable, by their very nature, of fulfilling the indication-of-origin function of the trade mark, without prejudice to the possibility of their acquiring distinctive character through use under Article 7(3) of Regulation No 40/94. | 0 |
2,429 | 56. Moreover, the Court has already held that a period of leave guaranteed by Community law cannot affect the right to take another period of leave guaranteed by that law ( Commission v Luxembourg , paragraph 33, and Case C-124/05 Federatie Nederlandse Vakbeweging [2006] ECR I‑3423, paragraph 24). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,430 | 90. It is only where a Member State decides to exercise its powers of taxation not only, as regards resident subsidiaries, in relation to profits made in that State but also, as regards non-resident companies receiving distributions, in relation to the income which the latter receive from those subsidiaries, that that State is obliged, in order for the latter companies not to be confronted with a restriction on freedom of establishment which is prohibited, in principle, by Article 43 EC, to ensure that, under the procedures laid down by its national law in order to prevent or mitigate a series of liabilities to tax, non-resident companies receiving distributions are subject to the same treatment as resident companies which receive such distributions (see, to that effect, Test Claimants in Class IV of the ACT Group Litigation , paragraph 70, and Denkavit Internationaal and Denkavit France , paragraph 37). | Il convient de constater que ces considérations traduisent de manière correcte la jurisprudence de la Cour selon laquelle l’application de l’article 81 CE suppose l’action d’une personne qui est autorisée à agir pour le compte de l’entreprise, indépendamment de l’action ou même de la connaissance des associés ou des gérants principaux de l’entreprise concernée (voir, en ce sens, arrêts du 7 juin 1983, Musique Diffusion française e.a./Commission, 100/80 à 103/80, EU:C:1983:158, point 97, ainsi que du 7 février 2013, Slovenská sporiteľňa, C‑68/12, EU:C:2013:71, point 25). | 0 |
2,431 | 37
The Court has concluded that, as regards free movement of goods within the EU, goods in free circulation are definitively and wholly assimilated to goods originating in the Member States and that the provisions of Article 34 TFEU consequently apply without distinction to products originating in the EU and products put into free circulation in any of the Member States, whatever the real origin of the products (see, to that effect, judgments of 15 December 1976, Donckerwolcke and Schou, 41/76, EU:C:1976:182, paragraphs 17 and 18; of 18 November 2003, Budějovický Budvar, C‑216/01, EU:C:2003:618, paragraph 95, and of 16 July 2015, UNIC and Uni.co.pel, C‑95/14, paragraph 41). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,432 | 69. As already stated in paragraph 57 above, Regulation No 1972/2003 aims to avoid abnormal patterns of trade disrupting the common organisation of markets. The regulation does not intend to penalise speculative conduct on the part of operators but, first, to prevent, by a system of deterrent charges, stocks from being built up for speculative purposes and, second, to neutralise the economic advantages anticipated by those holding them (see, by analogy, Case C‑179/00 Weidacher [2002] ECR I‑501, paragraphs 22, 28 and 42). | 99. Whether undertakings have adopted conduct having as its object or effect the prevention, restriction or distortion of competition cannot be assessed in the abstract, but must be examined with reference to the territory, within the Union or outside it, in which the conduct in question had such an object or effect, and to the period during which the conduct in question had such an object or effect. | 0 |
2,433 | 23. Furthermore, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see, inter alia, Case C‑286/12 Commission v Hungary [2012] ECR I‑0000, paragraph 41). | 28. Moreover, the ambiguity in the wording of the statement of objections is exacerbated by the fact that no statement of objections was sent to BNGW. | 0 |
2,434 | 26. Should the taxable person choose to treat capital goods used for both business and private purposes as business goods, the input VAT on the acquisition of those goods is, in principle, immediately deductible in full (see Charles and Charles-Tijmens , paragraph 24, and Wollny , paragraph 22). | 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 |
2,435 | 44. Article 3(2) of Directive 69/335 leaves Member States free, however, to limit the scope of the deeming clause that it contains, by allowing them to exempt certain categories of deemed capital companies from liability to capital duty (see, to this effect, Case 270/81 Felicitas Rickmers-Linie [1982] ECR 2771, paragraph 3, and Amro Aandelen Fonds , paragraph 12). | 41 The analysis, regarding full-time training, contained in the judgment in Carbonari and reviewed in paragraphs 33 to 39 of this judgment is entirely applicable to part-time training in specialised medicine. | 0 |
2,436 | 39 The national court was uncertain whether the scope of that directive was wider than that of the Sex Discrimination Act 1975, which it had to apply and which in its view applied only to discrimination based on the worker's belonging to one or other of the sexes. | 118 By the effect of that regulation, the Community thus acquired exclusive competence to contract with non-member countries the obligations relating to CRSs offered for use or used in its territory. | 0 |
2,437 | 24. In particular, as the Court has already held, any citizen of the Union may rely on Article 12 EC in all situations falling within the material scope of Community law (Case C‑85/96 Martínez Sala [1998] ECR I‑2691, paragraph 62, and Schempp , paragraph 17). | 14. In relation to the first argument, alleging that the referring court lacks jurisdiction, it should be recalled that it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organisation of the courts and their procedure (see Case C‑39/94 SFEI and Others [1996] ECR I‑3547, paragraph 24, and Case C‑213/04 Burstcher [2005] ECR I‑10309, paragraph 30). | 0 |
2,438 | 24. However, according to the case-law of the Court, such a difference in treatment may be justified by three overriding reasons in the public interest, taken together, that is to say, by the need to preserve the balanced allocation of powers of taxation between the Member States, the need to prevent the double use of losses and the need to combat tax avoidance (see, to that effect, judgments in Marks & Spencer , EU:C:2005:763, paragraph 51; Oy AA , C‑231/05, EU:C:2007:439, paragraph 51; and A , C‑123/11, EU:C:2013:84, paragraph 46). | 72
Indeed, financial services play a central role in the economy of the European Union. Banks and credit institutions are an essential source of funding for businesses that are active in the various markets. In addition, the banks are often interconnected and certain of their number operate internationally. That is why the failure of one or more banks is liable to spread rapidly to other banks, either in the Member State concerned or in other Member States. That is liable, in turn, to produce negative spill-over effects in other sectors of the economy (judgment of 19 July 2016, Kotnik and Others, C‑526/14, EU:C:2016:570, paragraph 50). | 0 |
2,439 | 42. In that context, the objective of imposing strict limits on the carrying on of gambling operations for profit has been recognised by case‑law, the Court having acknowledged the compatibility with European Union law of national legislation seeking to prevent lotteries from being operated exclusively on a commercial basis and managed by private organisers who themselves receive the profits from that activity (see, to that effect, Case C-275/92 Schindler [1994] ECR I‑1039, paragraphs 57 to 59). | 56
As was noted by the Advocate General in point 84 of his Opinion, the Court’s focus, in paragraph 35 of the judgment of 7 May 2009 in Siebrand (C‑150/08, EU:C:2009:294), on the fact that the proportion of distilled alcohol was greater than the proportion of fermented alcohol, was a result of the fact that, in the case giving rise to that judgment, the alcoholic strength by volume of the products in question was much more a result of the distilled alcohol than of the fermented alcohol that those products contained. | 0 |
2,440 | 50. Concerning those two forms of investment, the Court has stated that national measures must be regarded as ‘restrictions’ within the meaning of Article 56(1) EC if they are likely to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see Commission v Portugal , paragraphs 45 and 46; Case C‑483/99 Commission v France [2002] ECR I‑4781, paragraph 40; Commission v Spain , paragraphs 61 and 62; Case C‑98/01 Commission v United Kingdom [2003] ECR I‑4641, paragraphs 47 and 49; Case C‑174/04 Commission v Italy [2005] ECR I‑4933, paragraphs 30 and 31; and Commission v Netherlands , paragraph 20). | 73. Thus, to admit that a national provision may, automatically and without further precision, justify successive fixed-term employment contracts would effectively have no regard to the aim of the Framework Agreement, which is to protect workers against instability of employment, and render meaningless the principle that contracts of indefinite duration are the general form of employment relationship. | 0 |
2,441 | 104. In that regard, the Court observed in paragraph 19 of Daily Mail and General Trust that companies are creatures of national law and exist only by virtue of the national legislation which determines its incorporation and functioning. | 54. As follows from Articles 4(5) and 11(2) of Directive 2004/35, read in conjunction with recital 13 thereto, in order for the environmental liability mechanism to be effective and for remedial measures to be required of an operator, the competent authority must establish a causal link between the activity of one or more identifiable operators and concrete and quantifiable damage, irrespective of the type of pollution at issue (see, to that effect, judgment in ERG and Others , EU:C:2010:126, paragraphs 52 and 53, and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 39). | 0 |
2,442 | 28. However, in so far as concerns land classified as an SPA, Article 7 of the Habitats Directive provides that the obligations arising under the first sentence of Article 4(4) of the Birds Directive are replaced, inter alia, by the obligations arising under Article 6(2) of the Habitats Directive as from the date of implementation of the Habitats Directive or the date of classification under the Birds Directive, where the latter date is later (see Case C‑117/00 Commission v Ireland [2002] ECR I‑5335, paragraph 25). Thus, areas which have not been classi fied as SPAs but should have been so classified continue to fall under the regime governed by the first sentence of Article 4(4) of the Birds Directive (see Case C-374/98 Commission v France [2000] ECR I‑10799, paragraph 47). | 12 However, the Court has consistently held that in the absence of common rules relating to marketing, obstacles to the free movement of goods within the Community resulting from disparities between national laws must be accepted in so far as such rules, applicable to domestic and imported products without distinction, may be justified as being necessary in order to satisfy mandatory requirements relating inter alia to consumer protection or fair trading (see, in particular, GB-INNO-BM, cited above, paragraph 10). Those rules must, however, as the Court has repeatedly held (see, in particular, Buet, cited above, paragraph 11), be proportionate to the goals pursued. | 0 |
2,443 | 23 The freedom to provide services, being one of the fundamental principles of the Treaty, may be restricted only by rules justified by the public interest and applicable to all persons and undertakings operating in the territory of the Member State where the service is provided, in so far as that interest is not safeguarded by the rules to which the provider of such a service is subject in the Member State where he is established (Case C-355/98, cited above, paragraph 37). | 29. Having regard to the above considerations, the answer to the first question must be that a fee charged for rectification of the land register, such as that at issue in the main proceedings, falls in principle within the prohibition under Article 10(c) of the directive.
The second and third questions | 0 |
2,444 | 53. That limitation rule is applicable to the irregularities referred to in Article 4 of Regulation No 2988/95 which are detrimental to the European Union’s financial interests (see Case C‑278/02 Handlbauer [2004] ECR I‑6171, paragraph 34, and Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others , paragraph 22). | 42. If that court were to reach the conclusion that it is established, in the light of objective evidence, that Traum knew or should have known that the transaction which it had carried out was part of a tax fraud committed by the purchaser and that it had not taken every step which could reasonably be asked of it to prevent that fraud from being committed, there would be no entitlement to the VAT exemption (see, to that effect, judgment in Mecsek-Gabona , EU:C:2012:547, point 54). | 0 |
2,445 | 103. The Court of Justice has indeed held that national provisions restricting or prohibiting certain selling arrangements that, first, apply to all relevant traders operating within the national territory, and, secondly, affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States are not liable to hinder, directly or indirectly, actually or potentially, trade between Member States within the meaning of the case-law initiated by Dassonville (8/74, EU:C:1974:82) (see, inter alia, judgments in Keck and Mithouard , C‑267/91 and C‑268/91, EU:C:1993:905, paragraph 16, and in Ahokainen and Leppik , C‑434/04, EU:C:2006:609, paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,446 | 50. An agreement, decision or concerted practice extending over the whole of the territory of a Member State has, by its very nature, the effect of reinforcing the partitioning of markets on a national basis, thereby holding up the economic interpenetration which the Treaty is designed to bring about (Case C‑35/96 Commission v Italy [1998] ECR I‑3851, paragraph 48, and Manfredi and Others , paragraph 45). | 24 The Court reached that conclusion on the view that the aim of Article 14 of the directive, which is to inform and protect consumers, would not be attained if they did not always have access to the compulsory particulars specified in the directive, not only at the time of purchase, but also at that of consumption. The Court further pointed out that the ultimate consumer is not necessarily the person who purchased the foodstuffs (see Piageme II, paragraphs 23 to 25). | 0 |
2,447 | 31. The Court notes, in this regard, that Article 28 of Regulation No 1408/71 lays down a ‘conflict rule’ enabling the determination, particularly in relation to pensioners entitled to draw pensions in accordance with the legislation of several Member States and who reside in another Member State in which they are not entitled to sickness and maternity benefits, of the institution which is responsible for payment of those benefits and which legislation is applicable (see, to that effect, Case 69/79 Jordens‑Vosters [1980] ECR 75, paragraph 12; Rundgren , paragraphs 43 and 44; Case C‑156/01 van der Duin and ANOZ Zorgverzekeringen [2003] ECR I‑7045, paragraph 39; and Case C‑345/09 van Delft and Others [2010] ECR I‑9879, paragraph 38). | 51. Un tel intérêt à agir découle de l’article 233, premier alinéa, CE, en vertu duquel les institutions dont émane l’acte annulé sont tenues de prendre les mesures que comporte l’exécution de l’arrêt de la Cour (voir, en ce sens, arrêts Simmenthal/Commission, précité, point 32, et du 5 mars 1980, Könecke/Commission, 76/79, Rec. p. 665, point 9). | 0 |
2,448 | 110. It does not therefore appear that such a transitional period, in appearance justified by considerations of legal certainty (see, by analogy, Case C‑347/06 ASM Brescia [2008] ECR I‑5641, paragraphs 68 to 71), is likely to affect the consistency of the measure prohibiting the offer of gambling on the internet and its suitability for achieving the objectives which it pursues (see, by analogy, in relation to a temporary exception from a prohibition on the operation of pharmacies by non‑pharmacists, Joined Cases C-171/07 and C-172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I-4171, paragraphs 45 to 50). | 114. If the Commission did not have such a power, undertakings might be able to take advantage of late payments, thereby weakening the effect of penalties. | 0 |
2,449 | 41. It is for the issuing Member State to investigate whether the minimum conditions imposed by European Union law, particularly those relating to residence and fitness to drive laid down in Article 7(1) of Directive 91/439, have been satisfied and, therefore, whether the issuing of a driving licence is justified (see Schwarz , paragraph 76, and Grasser , paragraph 20). | 21. SGL soutenant que le Tribunal a écarté, de manière erronée, comme irrecevable son grief relatif à la non-pertinence de la prise en compte de la valeur de la consommation captive dans le calcul de son chiffre d’affaires et de sa part de marché, et, partant, du montant de base de l’amende à lui infliger, il convient de rappeler que, conformément à l’article 48, paragraphe 2, du règlement de procédure du Tribunal, la production de moyens nouveaux en cours d’instance est interdite, à moins que ces moyens ne se fondent sur des éléments de droit et de fait qui se sont révélés pendant l’instance. | 0 |
2,450 | 88
A Member State also waives such a power when it adopts provisions which alter the logic underlying the earlier legislation. In that regard, it is clear from the case-law that, when assessing the power of a Member State to invoke Article 64(1) TFEU, the aspects relating to the form of the act constituting a restriction are secondary in relation to the aspects concerning the substance of that restriction. A national measure adopted after 31 December 1993 is not, for that reason alone, automatically excluded from the derogation provided for in Article 64(1) TFEU. That regime covers the provisions which, in their substance, are identical to previous legislation or which merely reduce or eliminate an obstacle to the exercise of Community rights and freedoms in earlier legislation but excludes provisions which are based on a logic different from that of the earlier law and introduce new procedures (see, to that effect, judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 192, and of 24 May 2007, Holböck, C‑157/05, EU:C:2007:297, paragraph 41). | 49. This plea must therefore be declared inadmissible in so far as it seeks a general re-examination of fines ( Baustahlgewebe , paragraph 129). | 0 |
2,451 | 85
Lastly, it should be borne in mind that, although the administrative activity of the Commission does not require as extensive an access to documents as that concerning the legislative activity of a Union institution, that does not in any way mean that such an activity falls outside the scope of Regulation No 1049/2001 which, as provided in Article 2(3) thereof, applies to all documents held by an institution, that is to say drawn up or received by it and in its possession, in all areas of Union activity (see, to that effect, judgment of 21 July 2011, Sweden v MyTravel and Commission, C‑506/08 P, EU:C:2011:496, paragraphs 87 and 88 and the case-law cited). | 75. Ainsi qu’il résulte du libellé de cette dernière disposition, la possibilité pour un État membre d’appliquer des taux réduits inférieurs au minimum fixé audit article 99 est subordonnée à la réunion de quatre conditions cumulatives, et notamment celle selon laquelle les taux réduits doivent être en conformité avec la législation de l’Union. | 0 |
2,452 | 26
Therefore, it is clear from point 2 that since a ‘milk product’ is derived exclusively from milk, it must contain its constituents. In that connection, the Court has already held that a milk product, in which one or other constituent of milk has been replaced, if only partially, may not be designated by one of the descriptions referred to in the point (a) of the second subparagraph of point 2 of Part III of Annex VII to Regulation No 1308/2013 (see, to that effect, judgment of 16 December 1999, UDL, C‑101/98, EU:C:1999:615, paragraphs 20 to 22). In principle, the same applies a fortiori for a purely plant-based product, of such product does not, by definition, contain any constituents of milk. | 43. As to those submissions, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. However, 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 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 (Case C-415/93 Bosman [1995] ECR I-4921, paragraphs 59 and 61). | 0 |
2,453 | 89
It must be borne in mind that the Court of Justice has held on many occasions that it follows from Article 108 of Regulation No 1083/2006 that Article 100 thereof is applicable from 1 January 2007, including to programmes approved before that date but still in progress (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 98; of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 98; of 22 October 2014, Spain v Commission, C‑429/13 P, EU:C:2014:2310, paragraph 31; of 4 December 2014, Spain v Commission, C‑513/13 P, not published, EU:C:2014:2412, paragraph 45; of 24 June 2015, Germany v Commission, C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 84, and of 24 June 2015, Spain v Commission, C‑263/13 P, EU:C:2015:415, paragraph 53). | 11 Comparative examination of the national laws shows that indications of provenance (indications de provenance; indicaciones de procedencia) are intended to inform the consumer that the product bearing that indication comes from a particular place, region or country. A more or less considerable reputation may attach to that geographical provenance. A designation of origin (appellation d' origine; denominación de origen), for its part, guarantees, not only the geographical provenance of the product, but also that the goods have been manufactured according to quality requirements or manufacturing standards prescribed by an act of public authority and thus that they have certain specific characteristics (see Case C-47/90 Etablissements Delhaize Frères et Compagnie Le Lion SA v Promalvin SA and Another [1992] ECR I-3669, paragraphs 17 and 18). Indications of provenance are protected by the operation of rules designed to suppress misleading advertising, or indeed the abusive exploitation of another' s reputation. Designations of origin, on the other hand, are protected under special rules laid down in the statutes or regulations by which they are established. Such rules generally exclude the use of terms such as "kind", "type" or "style" and, so long as that regime remains in force, prevent such designations from becoming purely generic. | 0 |
2,454 | 36 Thirdly, the question of the responsibility imposed on a Member State by virtue of Articles 86 and 90(1) of the Treaty arises only if the abusive conduct on the part of the placement agency concerned is liable to affect trade between Member States. That does not mean that the abusive conduct in question must actually have affected such trade. It is sufficient to establish that it is capable of having such an effect (see Michelin v Commission, cited above, paragraph 104). | 100. Finally, it has not been asserted before the Court that, in the public sector, Greek law included, at any rate until Presidential Decree No 164/2004 entered into force, any measure intended to prevent and to punish in an appropriate manner the misuse of successive fixed-term employment contracts. | 0 |
2,455 | 99. As is clear from the Court’s settled case-law, a breach of the principle of equal treatment, applicable to the law relating to the employment of Community officials, occurs when two categories of person whose factual and legal circumstances disclose no essential difference are treated differently at the time of their recruitment and that difference in treatment is not objectively justified (see Case C-459/98 P Martínez del Peral Cagigal v Commission [2001] ECR I‑135, paragraph 50 and Centeno Mediavilla and Others v Commission , paragraph 76). | 23 First of all, it must be borne in mind that Article 92(1) of the Treaty provides that any aid granted by a Member State, or through State resources in any form whatsoever, which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods is incompatible with the common market. In particular, measures which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which, without therefore being subsidies in the strict meaning of the word, are similar in character and have the same effect are considered to constitute aid (Case C-200/97 Ecotrade [1998] ECR I-7907, paragraph 34). | 0 |
2,456 | 15. According to Article 11(A)(1)(a) of the Sixth Directive, the taxable amount within the interior of the country is, in respect of supplies of goods, everything which constitutes the consideration which has been or is to be obtained by the supplier from the purchaser. Article 11(A)(2) and (3) enumerate certain items which are to be included in the taxable amount and other items which are not to be included (Case C-126/88 Boots Company [1990] ECR I-1235, paragraph 15). | 31. Il résulte également de la jurisprudence que les mesures nationales susceptibles de gêner ou de rendre moins attrayant l’exercice des libertés fondamentales garanties par le traité CE sont considérées comme compatibles avec celui-ci si elles remplissent quatre conditions: qu’elles s’appliquent de manière non discriminatoire, qu’elles se justifient par des raisons impérieuses d’intérêt général, qu’elles soient propres à garantir la réalisation de l’objectif qu’elles poursuivent et qu’elles n’aillent pas au-delà de ce qui est nécessaire pour l’atteindre (voir arrêt du 30 novembre 1995, Gebhard, C‑55/94, Rec. p. I‑4165, point 37). | 0 |
2,457 | 35. Indeed, it is apparent from the Court’s well established case-law that the text of Article 81(1) EC refers generally to all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the common market, irrespective of the market on which the parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of the arrangements in question (see, to that effect, judgments in LTM , 56/65, EU:C:1966:38, p. 358; Consten and Grundig v Commission , 56/64 and 58/64, EU:C:1966:41, p.p. 492 and 493; Musique Diffusion française and Others v Commission , 100/80 to 103/80, EU:C:1983:158, paragraphs 72 to 80; Binon , 243/83, EU:C:1985:284, paragraphs 39 to 47; and Javico , C‑306/96, EU:C:1998:173, paragraphs 10 to 14). | 21. It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes. The Explanatory Notes drawn up by the European Commission, as regards the CN, and by the WCO, as regards the HS, may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (judgment in Sysmex Europe , C‑480/13, EU:C:2014:2097, paragraphs 29 and 30 and the case-law cited). | 0 |
2,458 | 36. That Community trade mark system is an autonomous system with its own set of objectives and rules peculiar to it; it applies independently of any national system (see, inter alia, Case C‑238/06 P Develey v OHIM [2007] ECR I‑9375, paragraph 65; Joined Cases C‑202/08 P and C‑208/08 P American Clothing Associates v OHIM and OHIM v American Clothing Associates [2009] ECR I‑6933, paragraph 58; and Case C‑479/09 P Evets v OHIM [2010], ECR I-0000, paragraph 49). | 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 |
2,459 | 33. Moreover, such an interpretation must not disregard that relating to the criteria set out in Article 5(1) of the Brussels Convention where they lay down the rules for determining jurisdiction for the same matters and set out similar concepts. It follows from the preamble to the Rome Convention that it was concluded in order to continue, in the field of private international law, the work of unification of law set in motion by the adoption of the Brussels Convention (see Case C‑133/08 ICF [2009] ECR I‑9687, paragraph 22). | 54 The appellants' refusal to provide basic information by relying on national copyright provisions thus prevented the appearance of a new product, a comprehensive weekly guide to television programmes, which the appellants did not offer and for which there was a potential consumer demand. Such refusal constitutes an abuse under heading (b) of the second paragraph of Article 86 of the Treaty. | 0 |
2,460 | 27. However, the detailed procedural rules governing actions for safeguarding the rights which taxpayers derive from EU law must not be any less favourable than those governing similar domestic actions (principle of equivalence) and must not be framed in such a way as to render impossible in practice or excessively difficult the exercise of rights conferred by the legal order of the European Union (principle of effectiveness) (see, to that effect, inter alia, judgments in Rewe-Zentralfinanz and Rewe-Zentral , 33/76, EU:C:1976:188, paragraph 5; Transportes Urbanos y Servicios Generales , C‑118/08, EU:C:2010:39, paragraph 31; and Test Claimants in the Franked Investment Income Group Litigation , C‑362/12, EU:C:2013:834, paragraph 32). | 51. S’agissant des raisons d’ordre social invoquées par la République de Pologne qui, selon cette dernière, permettraient l’application d’un taux réduit de TVA aux livraisons de biens utilisés pour les soins de santé même si ces biens ne relèvent pas de l’annexe III de la directive 2006/112, il suffit de constater que des considérations de nature sociopolitique ne sauraient justifier qu’un État membre enfreigne les dispositions de l’article 98, paragraphe 2, de cette directive (voir, en ce sens, arrêt Commission/Pologne, C‑639/13, EU:C:2014:2468, point 25). | 0 |
2,461 | 168 As the Court of Justice has previously held, the legality of a decision concerning aid is to be assessed in the light of the information available to the Commission when the decision was adopted (Meura, cited above, paragraph 16, and Case C-241/94 France v Commission [1996] ECR I-4551, paragraph 33). | 52. In that regard, it need only be noted that confirmation of passing the final examination of the ENSP course may be regarded as a diploma within the meaning of Article 1(a) of the Directive in view of its essential function, namely to confirm that the person concerned has successfully completed a post-secondary course of at least three years ' duration which confers the professional qualifications required for the taking up of a regulated profession. That conclusion is not affected by the fact that the diploma does not take the form of a formal document. | 0 |
2,462 | 45. Indeed, in a case that concerned, inter alia, the assessment of the loyalty rebates applied by a dominant undertaking, the Court held that there was no need to ascertain the number of contracts which contained the clause at issue and the number which did not (judgment in Suiker Unie and Others v Commission , 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73, EU:C:1975:174, paragraph 511). | 59. In that regard, the Commission adds that the economic effect of taxing the subsidiary corresponds to taxing the parent company inasmuch as the tax is withheld by the company distributing the profits and paid directly to the tax authorities. | 0 |
2,463 | 58. In the judgment in ETI and Others (EU:C:2007:775) to which the Court of Justice expressly referred in paragraph 144 of the judgment in ThyssenKrupp Nirosta v Commission (EU:C:2011:191), the Court of Justice held that the Commission was entitled to impute the infringement to a company which had not committed the infringement where the entity which had done so continued to exist as an economic operator on other markets (see judgment in ETI and Others , EU:C:2007:775, paragraph 45). The Court of Justice based that assessment on the fact that, at the time of the infringement, the companies concerned were held by the same public entity (see judgments in ETI and Others , EU:C:2007:775, paragraph 50, and Versalis v Commission , EU:C:2013:386, paragraph 56). | 17 Consequently, the amount of the benefit supplement for orphans must be calculated by comparing all the benefits intended for the maintenance of the orphan in question, actually provided in the Member State of residence, with all the benefits intended for the maintenance of the said orphan which he would be entitled to if resident in the other Member State. | 0 |
2,464 | 62. Furthermore, by virtue of Article 21 of the Statute of the Court of Justice and Article 38(1)(c) of its Rules of Procedure, the Commission must, in any application made under Article 226 EC, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based (see Case C-52/90 Commission v Denmark [1992] ECR I-2187, paragraph 17). | 15 The identification of social reasons is in principle a matter of political choice for the Member States and can be the subject-matter of supervision at the Community level only in so far as, by distorting that concept, it leads to measures which because of their effects and their true objectives lie outside its scope .
The phrase "for the benefit of the final consumer" | 0 |
2,465 | 31. Second, under the second paragraph of Article 252 TFEU, it is the duty of the Advocate General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require the Advocate General’s involvement. In carrying out that task, the Advocate General may, where appropriate, analyse a request for a preliminary ruling by placing it within a context which is broader than that strictly defined by the referring court or by the parties to the main proceedings. Since the Court is not bound either by the Advocate General’s Opinion or by the reasoning on which it is based, it is not absolutely necessary to reopen the oral procedure, under Article 83 of the Rules of Procedure, each time the Advocate General raises a point of law which was not the subject of debate between the parties (Case C‑361/06 Feinchemie Schwebda and Bayer CropScience [2008] ECR I‑3865, paragraph 34). | 338. As regards observance of the principle ne bis in idem , the application of that principle is subject to the threefold condition of identity of the facts, unity of offender and unity of the legal interest protected. Under that principle, therefore, the same person cannot be sanctioned more than once for a single unlawful course of conduct designed to protect the same legal asset. | 0 |
2,466 | 57. That obligation to attain the objective pursued by the coercive measure constitutes an extension of the obligation on the Community trade mark courts to take coercive measures when they issue an order prohibiting further infringement or threatened infringement. Without those related obligations, a prohibition of that kind might not be coupled with measures aimed at ensuring that it is complied with, so that it would, to a large extent, have no dissuasive effect (see, to that effect, Nokia , paragraphs 58 and 60). | 50. It follows that jurisdiction by virtue of Article 5(3) of Regulation No 44/2001 to adjudicate, on the basis of the causal event and with regard to all of the perpetrators of an unlawful cartel which allegedly resulted in loss, depends upon the identification, in the jurisdiction of the court seised of the matter, of a specific event during which either that cartel was definitively concluded or one agreement in particular was made which was the sole causal event giving rise to the loss allegedly inflicted on a buyer.
The place where the damage occurred | 0 |
2,467 | 38 As the Court has already held in Joined Cases C-358/93 and C-416/93 Bordessa and Others [1995] ECR I-361, paragraphs 21 and 22, and Sanz de Lera, paragraph 22, the requisite measures to prevent certain infringements in the field of taxation referred to in Article 73d(1)(b) of the Treaty include measures intended to ensure effective fiscal supervision and to combat illegal activities such as tax evasion. | 94 Moreover, in paragraphs 23 to 25 of Sutton, the Court distinguished the circumstances of that case from those of Case C-271/91 Marshall [1993] ECR I-4367 (Marshall II). In the latter case, which concerned the award of interest on amounts payable by way of reparation for loss and damage sustained as a result of discriminatory dismissal, the Court ruled that full compensation for the loss and damage sustained cannot leave out of account factors, such as the effluxion of time, which may in fact reduce its value, and that the award of interest is an essential component of compensation for the purposes of restoring real equality of treatment (Marshall II, cited above, paragraphs 24 to 32). The award of interest was held in that case to be an essential component of the compensation which Community law required to be paid in the event of discriminatory dismissal. | 0 |
2,468 | 39 As regards modifications to such projects, the Court found in paragraph 40 of its judgment in Kraaijeveld that the mere fact that the Directive did not expressly refer to modifications to projects included in Annex II, as opposed to modifications to projects included in Annex I, did not justify the conclusion that they were not covered by the Directive. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,469 | 39
However, a tax which is incompatible with EU law, such as those mentioned in paragraph 35 above, must be repaid with interest (see, to that effect, judgments of 18 April 2013 in Irimie, C‑565/11, EU:C:2013:250, paragraphs 20 and 21, and 15 October 2014 in Nicula, C‑331/13, EU:C:2014:2285, paragraphs 27 and 28) and its amount must therefore no longer be considered as being incorporated into the market value of the vehicles on which that tax is levied. Since the residual amount of the tax in the value of those vehicles is equal to zero, that amount is thus necessarily lower than the new tax, in this case the environmental stamp duty, levied on imported second-hand vehicles of the same type, characteristics and wear (see, to that effect, judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 50). | 40. As regards detriment to the repute of the mark, also referred to as ‘tarnishment’ or ‘degradation’, such detriment is caused when the goods or services for which the identical or similar sign is used by the third party may be perceived by the public in such a way that the trade mark’s power of attraction is reduced. The likelihood of such detriment may arise in particular from the fact that the goods or services offered by the third party possess a characteristic or a quality which is liable to have a negative impact on the image of the mark. | 0 |
2,470 | 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). | 78. In the present case, the General Court therefore correctly held, in paragraph 62 of the judgment under appeal, that ‘it does not follow from [that point 13] that only the value of sales for removals actually affected by the infringement may be taken into account in order to determine the relevant value of sales’. In that regard, it could therefore rely, without erring in law, in paragraph 64 of that judgment on the objective of the European Union rules on competition, in paragraph 65 of that judgment on the need to take into account the secret character of cartels, which in the present case would make it ‘impossible to find evidence in relation to each of the removals affected’ and, in paragraph 66 of that judgment on the case-law resulting from Musique Diffusion française and Others v Commission . | 0 |
2,471 | 38. According to settled case-law, trade mark law constitutes an essential element in the system of competition in the European Union. In that system, each undertaking must, in order to attract and retain customers by the quality of its goods or services, be able to have registered as trade marks signs enabling the consumer, without any possibility of confusion, to distinguish those goods or services from others which have another origin (see, to that effect, Case C-517/99 Merz & Krell [2001] ECR I‑6959, paragraphs 21 and 22; Case C-206/01 Arsenal Football Club [2002] ECR I‑10273, paragraphs 47 and 48; and Case C-412/05 P Alcon v OHIM [2007] ECR I-3569, paragraphs 53 and 54). | 46. En vertu de l’article 8, paragraphe 4, du règlement n° 207/2009, le titulaire d’un signe utilisé dans la vie des affaires dont la portée n’est pas seulement locale peut s’opposer à l’enregistrement d’une marque communautaire, notamment, lorsque et dans la mesure où, selon le droit de l’État membre qui est applicable à ce signe, des droits à ce dernier ont été acquis avant la date de dépôt de la demande d’enregistrement de cette marque et ledit signe lui donne le droit d’interdire l’utilisation d’une marque plus récente. | 0 |
2,472 | 38
Finally, as regards the alleged ambiguity of the subject matter of the present action, it should be recalled that, in accordance with Article 120(c) of the Rules of Procedure and the related case-law, an application initiating proceedings must state the subject matter of the proceedings, the pleas in law and arguments relied on and a summary of those pleas in law. That statement must be sufficiently clear and precise to enable the defendant to prepare his defence and the Court to rule on the application. It is therefore necessary for the essential points of fact and of law on which a case is based to be indicated coherently and intelligibly in the application itself and for the form of order sought to be set out unambiguously so that the Court does not rule ultra petita or fail to rule on a complaint (judgments of 11 July 2013, Commission v Czech Republic, C‑545/10, EU:C:2013:509, paragraph 108 and the case-law cited; of 23 February 2016, Commission v Hungary, C‑179/14, EU:C:2016:108, paragraph 141; and of 22 September 2016, Commission v Czech Republic, C‑525/14, EU:C:2016:714, paragraph 16). | 107. Secondly, the discretion enjoyed by the Member States cannot be used so as to compromise the principal purpose of Directive 2001/29 which, as is apparent from recital 9 in its preamble, is to establish a high level of protection for, in particular, authors, which is crucial to intellectual creation. | 0 |
2,473 | 25 As the Court has held on several occasions, the dismissal of a female worker on account of pregnancy constitutes direct discrimination on grounds of sex, contrary to Article 5(1) of Directive 76/207 (Case C-179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I-3979, paragraph 13; Case C-421/92 Habermann-Beltermann [1994] ECR I-1657, paragraph 15; and Case C-32/93 Webb [1994] ECR I-3567, paragraph 19). | 39 Finally, with regard to the use made of the revenue generated by the levy in issue in the main proceedings, it is clear from the order for reference that the national court regards it as established that this revenue is not solely allocated to financing activities exclusively benefiting the production of pigs for slaughter on the national market, but that it is used to finance activities of more general benefit to primary production of pigs in Denmark, including, therefore, the production of pigs for live export. | 0 |
2,474 | 66. It follows that Article 26 of Directive 2004/18, read in conjunction with Directive 96/71, permits the host Member State to lay down, in the context of the award of a public contract, a mandatory rule for minimum protection referred to in point (c) of the first subparagraph of Article 3(1) of that directive, such as that at issue in the main proceedings, which requires undertakings established in other Member States to comply with an obligation in respect of a minimum rate of pay for the benefit of their workers posted to the territory of the host Member State in order to perform that public contract. Such a rule is part of the level of protection which must be guaranteed to those workers (see, to that effect, judgment in Laval un Partneri , C‑341/05, EU:C:2007:809, paragraphs 74, 80 and 81). | 45
It follows from the case-law of the Court that the Commission is authorised to adopt all the measures which are necessary or useful for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council of the European Union (see, inter alia, judgment of 11 November 1999, Söhl & Söhlke, C‑48/98, EU:C:1999:548, paragraph 36 and the case-law cited). In that regard, the Commission has a measure of discretion (see, to that effect, judgments of 8 March 2007, Thomson and Vestel France, C‑447/05 and C‑448/05, EU:C:2007:151, paragraph 25, and of 13 December 2007, Asda Stores, C‑372/06, EU:C:2007:787, paragraph 45). | 0 |
2,475 | 90. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from well established case‑law that the purpose of the legislation concerned must be taken into consideration (Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34; Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 34; and Accor , paragraph 31). | 52. In particular, a Member State cannot justify any delay in the implementation of that obligation by the fact that it has decided to put in place the ‘push’ method based on the automatic transmission of location information. | 0 |
2,476 | 66. In addition, although the Commission is required to justify its decision to refuse to charge expenditure effected by a Member State to the EAGGF Guarantee section by providing evidence of serious reasonable doubt as to the existence or appropriateness of checks carried out in that Member State, it is nevertheless not obliged to provide details of the inadequacy of those checks or the inaccuracy of the data provided by the Member State. It is the latter which is best placed to collect and verify the data required and to provide proof concerning the genuineness of the checks and the inaccuracy of the Commission ' s claims (see to that effect Case C-54/95 Germany v Commission [1999] ECR I-35, paragraph 35; Case C-247/98 Greece v Commission [2001] ECR I-1, paragraph 7; and Case C-377/99 Germany v Commission [1999] ECR I-7421, paragraph 95). | 33 The questions referred therefore concern a situation in which the BMW mark has been used to inform the public that the advertiser carries out the repair and maintenance of BMW cars or that he has specialised, or is a specialist, in the sale or repair and maintenance of those cars. | 0 |
2,477 | 32 The Court has held that Article 86 of the Treaty prohibits abusive practices resulting from the exploitation by one or more undertakings of a dominant position on the common market or in a substantial part of it in so far as those practices may affect trade between Member States (judgment in Case C-393/92 Almelo and Others [1994] ECR I-1477, paragraph 40). | 32. L’information que les États membres sont ainsi tenus de fournir à la Commission doit être claire et précise. Elle doit indiquer sans ambiguïté quelles sont les mesures législatives, réglementaires et administratives au moyen desquelles un État membre considère avoir rempli les différentes obligations que lui impose la directive. En l’absence d’une telle information, la Commission n’est pas en mesure de vérifier si cet État membre a réellement et complètement mis en application cette directive. Le manquement d’un État membre à une telle obligation, que ce soit par une absence totale d’information ou par une information insuffisamment claire et précise, peut justifier, à lui seul, l’ouverture de la procédure prévue à l’article 258 TFUE, visant à la constatation de ce manquement (voir arrêts précités Commission/Italie, point 27, et Commission/Irlande, point 107) | 0 |
2,478 | 25 In view of the foregoing, it must be emphasised that the principle of protection of legitimate expectations cannot, in a case such as the present, be relied on by a Member State to preclude an objective finding of a failure on its part to fulfil its obligations under the Treaty or secondary legislation, since to admit that justification would run counter to the aim pursued by the procedure under Article 169 of the Treaty (see, to that effect, Case 288/83 Commission v Ireland [1985] ECR 1761, paragraph 22, and Case C-35/97 Commission v France [1998] ECR I-5325, paragraph 45). | 30. The Court has thus held that a national provision which extended to certain movable property the exemption from VAT which, pursuant to Article 13B(b) of the Sixth Directive, is restricted exclusively to the letting of immovable property was contrary to the provisions of that directive (see Case C-60/96 Commission v France [1997] ECR I-3827, paragraph 16). | 0 |
2,479 | 37. The Court would point out that the number and scale of the sales carried out in the present case are not in themselves decisive. As the Court has already held, the scale of the sales cannot constitute a criterion for distinguishing between the activities of an operator acting in a private capacity, which fall outside the scope of the VAT Directive, and those of an operator whose transactions constitute an economic activity. The Court has pointed out that a large volume of sales may also be carried out by operators acting in a private capacity (see, to that effect, Wellcome Trust , paragraph 37). | 95. As to the Community legislation, it is true that the name ‘feta’ is used without further specification as to the Member State of origin in the combined customs nomenclature and in the Community legislation relating to export refunds. | 0 |
2,480 | 40. Therefore, in the absence, both in Regulation No 1258/1999 and Regulation No 1785/81, of a provision on the relevant limitation period, the recovery of reimbursements of storage costs that were wrongly obtained is liable, pursuant to the first subparagraph of Article 3(1) of Regulation No 2988/95, and in the absence of a suspensory act, to be time-barred after a period of four years from when the irregularity was committed, provided that the Member State in which the irregularities were committed has not made use of the possibility offered to it under Article 3(3) of Regulation No 2988/95 of providing for a longer limitation period (see Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others , paragraph 36, and Corman , paragraph 48). | 35. À cet égard, il convient de rappeler, premièrement, que l’interprétation que la Cour donne d’une disposition de droit de l’Union se limite à éclairer et à préciser la signification et la portée de celle-ci, telle qu’elle aurait dû être comprise et appliquée depuis le moment de son entrée en vigueur (voir arrêt Heininger, précité, point 51 et jurisprudence citée). | 0 |
2,481 | 21
As Article 3(1) of Directive 2001/29 does not define the concept of ‘communication to the public’, the meaning and scope of that concept must be determined in light of the objectives pursued by that directive and the context in which the provision being interpreted is set (judgment of 26 April 2017, Stichting Brein, C‑527/15, EU:C:2017:300, paragraph 26 and the case-law cited). | 106. The only arguments which are capable of providing adequate reasons for prohibiting the mail-order trade in medicinal products are those relating to the need to provide individual advice to the customer and to ensure his protection when he is supplied with medicines and to the need to check that prescriptions are genuine and to guarantee that medicinal products are widely available and sufficient to meet requirements. | 0 |
2,482 | 37. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by‑products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances – provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01, AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 38. En l’occurrence, il n’est pas contesté que, au terme du délai fixé dans l’avis motivé, au regard duquel doit être apprécié le prétendu manquement d’État (voir, notamment, arrêt du 14 octobre 2010, Commission/Autriche, C‑535/07, Rec. p. I‑9483, point 22), les actions 8, 11 et 21 n’avaient pas été menées à bien. S’agissant de l’action 17, il découle de la réponse de la République hellénique que le plan de gestion du parc national des lacs Koroneia-Volvi, bien qu’ayant été établi par l’organisme de gestion de ces lacs, n’a pas encore été approuvé par l’autorité compétente. En ce qui concerne l’action 18, à supposer même que, ainsi que le soutient la République hellénique, elle ait été achevée, cet État membre ne conteste pas l’affirmation de la Commission selon laquelle cette action n’a pas été menée à terme dans le délai fixé dans l’avis motivé. Quant à l’action 20, sans qu’il soit besoin de se prononcer sur le nombre de forages devant être fermés, il n’est pas contesté que tous les forages devant, selon ledit État, être fermés ne l’avaient pas été dans le délai imparti. Par ailleurs, la République hellénique reconnaît que des agriculteurs, profitant de l’assèchement du lac, ont occupé 13 ha des terres qui en faisaient jadis partie. | 0 |
2,483 | 30. With regard to companies, it should be noted that it is their registered office, central administration or principal place of business, within the meaning of Article 48 EC, that serves as the connecting factor with the legal system of a particular Member State, like nationality in the case of natural persons. To accept that the Member State of establishment may freely apply different treatment solely because the registered office, central administration or principal place of business of a company is situated in another Member State would deprive Article 43 EC of its substance (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 18; Case C-330/91 Commerzbank [1993] ECR I-4017, paragraph 13; Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 42; Marks & Spencer , paragraph 37; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 43). Freedom of establishment is thus designed to guarantee the benefit of national treatment in the host Member State, by prohibiting all discrimination based on the place where the registered office, central administration or principal place of business of a company is situated ( Commission v France , paragraph 14; Saint-Gobain ZN , paragraph 35; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 43). | 37. In that regard, it must be noted that, in tax law, the taxpayers’ residence may constitute a factor that might justify national rules involving different treatment for resident and non-resident taxpayers. However, residence is not always a proper factor for distinction. In effect, acceptance of the proposition that the Member State in which a company seeks to establish itself may freely apply to it a different treatment solely by reason of the fact that its registered office is situated in another Member State would deprive Article 43 EC of all meaning (see Case 270/83 Commission v France [1986] ECR 273, paragraph 18). | 1 |
2,484 | 42
It must also be borne in mind that, since the Treaty does not extend freedom of establishment to non-member States, it is important to ensure that the interpretation of Article 63(1) TFEU as regards relations with those states does not enable economic operators who do not fall within the territorial scope of freedom of establishment to profit from that freedom (judgments of 11 September 2014, Kronos International, C‑47/12, EU:C:2014:2200, paragraph 53 and the case-law cited, and of 10 April 2014, Emerging Markets Series of DFA Investment Trust Company, C‑190/12, EU:C:2014:249, paragraph 31). | 73. Contrary to what is claimed by the appellants, the invoicing of ‘negative prices’, in other words prices below cost prices, to customers is not a prerequisite of a finding that a retroactive rebates scheme operated by a dominant undertaking is abusive. | 0 |
2,485 | 30. It should also be recalled that Directive 2004/18 makes no distinction between public contracts awarded by a contracting authority for the purposes of fulfilling its task of meeting of public interest needs and those which are unrelated to that task, such as the need to fulfil an obligation imposed on it, as in the present case, as an employer with respect to its employees (see, in particular, Case C-271/08 Commission v Germany [2010] ECR I-0000, paragraph 73 and the case-law cited). | 75
On the one hand, the judgments of 27 January 1988, Denmark v Commission (349/85, EU:C:1988:34, paragraph 19 ), of 6 October 1993, Italy v Commission (C‑55/91, EU:C:1993:832, paragraph 69), of 4 July 1996, Greece v Commission (C‑50/94, EU:C:1996:266, paragraph 6), and of 22 April 1999, Netherlands v Commission, C‑28/94, EU:C:1999:191, paragraph 51), referred to in that regard by the Commission, concern the EU rules relating to the EAGGF which at that time contained no provision which could be regarded as comparable to the rules of EU law which led the Court of Justice to make the finding in the preceding paragraph of the present judgment. | 0 |
2,486 | 21. To answer the question referred, the various elements of the concept of State aid in Article 92(1) of the Treaty must be considered. It is settled case-law that classification as aid requires that all the conditions set out in that provision are fulfilled (see Case C-482/99 France v Commission [2002] ECR I-4397, paragraph 68, and Case C-280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, paragraph 74). | 33. Therefore, such an assessment is within the exclusive jurisdiction of the national courts which are called on to apply such a provision, and which have no choice but to give due effect to that immunity if they find that the opinions or votes at issue were expressed or cast in the exercise of parliamentary duties. | 0 |
2,487 | 24
This reasoning applies both to agreements conferring jurisdiction on the courts of a Member State and to those in favour of the courts of a third country, since the tacit prorogation of jurisdiction by virtue of the first sentence of Article 24 of Regulation No 44/2001 is based on a deliberate choice made by the parties to the dispute regarding jurisdiction (see judgment in A, C‑112/13, EU:C:2014:2195, paragraph 54). Accordingly, as is apparent from the previous paragraph of this judgment, the question on the applicability of Article 23 of that regulation is irrelevant. | 51. It should be noted that the EU legislature, conscious of the scope of the infrastructure work required for the application of the Directive and the costs of its full implementation, granted the Member States a period of several years to carry out their obligations, which in this case expired on 31 December 2005. In any event, according to settled case-law, a Member State cannot plead difficulties in its domestic legal order to justify a failure to observe obligations arising under EU law (see, to that effect, judgments in Commission v Greece , C‑407/09, EU:C:2011:196, paragraph 36 and the case-law cited, and in Commission v Ireland , EU:C:2012:834, paragraph 71). | 0 |
2,488 | 68. As to the argument of the defendants in the main proceedings concerning the need to control social security expenditure, it must be observed that the fact that the medical treatment is provided outside the Member State of stay does not put the competent institution in a different situation from that in which the same treatment could have been provided in that Member State, since the legislation applicable and any consequent limits on reimbursement are, in both cases, those of the Member State of stay (see, by analogy, Decker , paragraphs 38 to 40, and Kohll , paragraphs 40 to 42). | 57. Article H(2) of Annex II to that regulation in its original version merely provides that, if there is an irregularity or one of the conditions in the decision to grant assistance is not satisfied, the Commission may reduce, suspend or cancel assistance in respect of the measures concerned without the exercise of that power being subject to a time-limit. | 0 |
2,489 | 81 It is therefore necessary to consider whether that difference of treatment is incompatible with the prohibition laid down in the second subparagraph of Article 40(3) of the Treaty, which is merely a specific enunciation of the general principle of equality, one of the fundamental principles of Community law (see in particular Joined Cases 117/76 and 16/77 Ruckdeschel v Hauptzollamt Hamburg-St Annen [1977] ECR 1753, paragraph 7, Joined Cases 124/76 and 20/77 Moulins et Huileries de Pont-à-Mousson and Another v Office Interprofessionnel des Céréales [1977] ECR 1795, paragraph 16, Case 125/77 Koninklijke Scholten-Honig v Hoofdproduktschap voor Akkerbouwprodukten [1978] ECR 1991, paragraph 26, and Joined Cases 103/77 and 145/77 Royal Scholten-Honig v Intervention Board for Agricultural Products [1978] ECR 2037, paragraph 26), or whether, on the contrary, it may be objectively justified, as contended by the Spanish and French Governments, the Council and the Commission, by the need to restore the competitive balance between those categories of operators. | 91. Or, même à considérer de telles indications comme des assurances précises aptes à faire naître dans le chef des destinataires une confiance légitime, il y a lieu d’exclure, ainsi que l’a fait le Tribunal au point 95 de l’arrêt attaqué, que les requérants puissent se prévaloir de celle-ci pour contester la légalité de la règle juridique sur laquelle se fondent les décisions litigieuses. En effet, les particuliers ne sauraient se prévaloir du principe de protection de la confiance légitime pour s’opposer à l’application d’une disposition réglementaire nouvelle, surtout dans un domaine dans lequel le législateur dispose d’un large pouvoir d’appréciation (voir, notamment, arrêt du 19 novembre 1998, Espagne/Conseil, C-284/94, Rec. p. I‑7309, point 43). | 0 |
2,490 | 127. For the reasons set out in paragraphs 43 to 45 of the judgment in Del Cerro Alonso , the foregoing interpretation is in no way incompatible with the arguments in paragraphs 38 and 39 of the judgment in Dellas and Others . | 39. Moreover, that interpretation now follows unambiguously from Article 137(6) EC, which states that the minimum requirements the Council of the European Union may adopt by means of directives, intended in particular, as in the case in the main proceedings, to ensure protection of the health and safety of workers, cannot apply to pay. | 1 |
2,491 | 58 The position is the same if national law confers on courts and tribunals a discretion to apply of their own motion binding rules of law. Indeed, pursuant to the principle of cooperation laid down in Article 5 of the Treaty, it is for national courts to ensure the legal protection which persons derive from the direct effect of provisions of Community law (see, in particular, Case C-213/89 Factortame [1990] ECR I-2433, paragraph 19, and Van Schijndel and Van Veen v SPF, cited above, at paragraph 14). | 29. As the Advocate General observed, in essence, in points 28 and 32 to 34 of his Opinion, this results in a flexible definition of the concept of ‘establishment’, which departs from a formalistic approach whereby undertakings are established solely in the place where they are registered. Accordingly, in order to establish whether a company, the data controller, has an establishment, within the meaning of Directive 95/46, in a Member State other than the Member State or third country where it is registered, both the degree of stability of the arrangements and the effective exercise of activities in that other Member State must be interpreted in the light of the specific nature of the economic activities and the provision of services concerned. This is particularly true for undertakings offering services exclusively over the Internet. | 0 |
2,492 | 43. Dans de telles circonstances, c’est en effet aux autorités nationales qu’il appartient au premier chef de procéder aux vérifications nécessaires sur place, dans un esprit de coopération loyale, conformément au devoir de tout État membre, rappelé au point 39 du présent arrêt, de faciliter la mission générale de la Commission (arrêt Commission/Italie, C‑135/05, EU:C:2007:250, point 31 et jurisprudence citée). | 42. Ensuite, ces deux dispositions poursuivent des objectifs différents. | 0 |
2,493 | 43. It follows that, in the light of the specific circumstances of the disputes before the referring court, the interpretation of Article 49 TFEU has no bearing on the facts and purpose of those disputes (see, by analogy, Sbarigia , paragraphs 23, 24, 27 and 28). As the Court has consistently held, it has no jurisdiction to answer a question referred for a preliminary ruling in such circumstances (see, to that effect, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61; Case C‑567/07 Woningstichting Sint Servatius [2009] ECR I‑9021, paragraph 43; Omalet , paragraph 11; and Case C‑27/11 Vinkov [2012] ECR, paragraph 44). | 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 |
2,494 | 32. Also, it is clear from consistent case-law that Articles 4 CS and 67 CS concern two distinct areas, the first abolishing and prohibiting certain actions by Member States in the field which the ECSC Treaty places under Community jurisdiction, the second intended to prevent the distortion of competition which exercise of the residual powers of the Member States inevitably entails (see Banks , paragraph 88, and the case-law cited there). The Court deduces from this that Article 67 CS covers general measures which Member States may adopt in the context of their economic and social policy and measures taken by Member States which apply to industries other than coal and steel but which are capable of having significant repercussions on the conditions of competition in those industries (see Banks , paragraph 88). | 32 In order to determine whether an indication in parts per thousand of a standard of fineness not provided for by that legislation provides consumers with equivalent and intelligible information, the Court must take into account, as it has done on several occasions when called upon to consider whether a description, trade mark or promotional description or statement was liable to mislead the purchaser, the presumed expectations of an average consumer who is reasonably well-informed and reasonably observant and circumspect (see inter alia Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraph 31). | 0 |
2,495 | 52. That recital also explains that the level of taxation is a major factor in the price of tobacco products, which in turn influences consumers’ smoking habits. Equally, the Court has already held that fiscal legislation is an important and effective instrument for discouraging consumption of tobacco products and, therefore, for the protection of public health (Case C-140/05 Valeško [2006] ECR I‑10025, paragraph 58), and that the objective of ensuring that a high price level is fixed for those products may adequately be attained by increased taxation of those products, the excise duty increases sooner or later being reflected in an increase in the retail selling price, without undermining the freedom to determine prices (see, to that effect, Commission v Greece , paragraph 31). | 24 The Finanzgericht points out that the customs legislation in force does not contain any rule expressly providing that charges which are not to be included in the customs value should be distinguished. Nor do the judgments in Ospig and Malt, cited above, contain any indication in that connection. However, it must be concluded from the judgment in Malt (at paragraph 13) that charges incurred in acquiring export licences are not material to the price to be taken into account under the rules on customs value and accordingly they are not relevant to the declaration of customs value either. The separate indication of quota charges would, however, appear desirable from a practical point of view. Officials may, pursuant to Article 10 of Regulation No 1224/80, require the importer to provide incontrovertible proof of the quota charges claimed. | 0 |
2,496 | 43. As regards the role which consumer protection associations may play, it must be noted that Article 7(1) of Directive 93/13 requires the Member States to ensure that adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers (Case C‑472/10 Invitel [2012] ECR, paragraph 35). In that regard, it is apparent from Article 7(2) of the directive that the aforementioned means are to include the possibility for persons or organisations having a legitimate interest under national law in protecting consumers to take action in order to obtain a judicial decision as to whether contract terms drawn up for general use are unfair and, where appropriate, to have them prohibited (see Case C‑372/99 Commission v Italy [2002] ECR I‑819, paragraph 14, and Invitel , paragraph 36). | 19 Notaries prepare a monthly statement of the monies received in payment of their charges. From the total amount thus obtained, the percentage amounts payable to the notary and the members of his staff are deducted. The balance is paid to the Cofre dos Conservadores, Notários e Funcionários de Justiça (Fund for Registrars, Notaries and Officers of the Ministry of Justice; hereinafter `the Fund'). | 0 |
2,497 | 58. In certain circumstances, however, the requirements of the business may make it necessary for the employer itself to provide meals (see, by analogy to transport provided by the employer to bring employees to their place of work, Fillibeck , paragraphs 29 and 30). | En effet, ainsi que la Cour l’a déjà jugé, les amendes infligées en raison de violations de l’article 81 CE (devenu article
101 TFUE), telles que prévues à l’article 15, paragraphe 2, du règlement n° 17 (remplacé, en substance, par l’article 23,
paragraphe 2, du règlement n° 1/2003), ont pour objet de réprimer les actes illégaux des entreprises concernées ainsi que
de dissuader tant les entreprises en question que d’autres opérateurs économiques de violer, à l’avenir, les règles du droit
de la concurrence de l’Union (voir, en ce sens, arrêt du 17 juin 2010, Lafarge/Commission, C‑413/08 P, EU:C:2010:346, point 102). | 0 |
2,498 | 50. In that connection, it must be recalled that the relevant date for the assessment of a failure to fulfil obligations brought pursuant to the second paragraph of Article 88(2) EC can be, contrary to the Republic of Poland’s assertions and because that provision does not provide for a pre-litigation phase in contrast to Article 226 EC and therefore the Commission does not issue a reasoned opinion allowing Member States a certain period within which to comply with its decision, when the former provision is applied the reference period, only that provided for in the decision failure to implement which is denied or, where appropriate, that subsequently fixed by the Commission (Case C‑378/98 Commission v Belgium [2001] ECR I‑5107, paragraph 26; Case C‑499/99 Commission v Spain [2002] ECR I‑6031, paragraph 28; Case C‑207/05 Commission v Italy [2006] ECR I‑70, paragraph 31; and Case C‑232/05 Commission v France [2006] ECR I‑10071, paragraph 32). | 35. In this regard, it must be noted that, in contrast to the situation concerning abnormally low prices, Directive 2004/18 does not contain any provision which expressly sets out the procedure to be followed in the event that the contracting authority finds, in a restricted public procurement procedure, that the tender submitted by a tenderer is imprecise or does not meet the technical requirements of the tender specifications. | 0 |
2,499 | 53. Such a decision refusing to initiate the procedure provided for by Article 88(2) EC is definitive and cannot be characterised as a mere provisional measure ( CIRFS and Others v Commission , paragraph 26, and, to that effect, Athinaïki Techniki v Commission , paragraphs 54 and 58). | 23. In those circumstances, since there is nothing in the order for reference which could connect the dispute in the main proceedings with freedom of movement for workers or freedom of establishment, there is no need to consider whether Articles 39 EC and 43 EC apply (see, to that effect, Busley and Cibrian Fernandez , paragraph 19). | 0 |
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