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2,600 | 28 The Court of First Instance was therefore right, in reliance on the case-law of the Court of Justice (Case 27/85 Vandelmoortele v Commission [1987] ECR 1129, paragraphs 31 to 34), to take the view in paragraph 58 of the contested judgment that, in those circumstances, even decisions which may subsequently prove to be open to criticism do not necessarily cause the Community to incur liability in the absence of a manifest error of assessment on the part of the institution. | 73. It is clear, as the Advocate General pointed out in paragraphs 87 to 94 of her Opinion, that the conduct of the subsidiary on the market cannot be the only factor which enables the liability of the parent company to be established, but is only one of the signs of the existence of an economic unit. | 0 |
2,601 | 25. With regard to the question whether the mobility component of DLA is a special benefit, the Court has stated that DLA can be considered to include a ‘social assistance’ component and that the mobility component of DLA is in the nature of a special non-contributory benefit and ‘could’ lawfully be included in the list in Annex IIa to Regulation No 1408/71, as amended, as a non-exportable benefit (see Case C‑299/05 Commission v Parliament and Council , paragraphs 67 and 74). It is in this context that the Court, which annulled the reference to DLA in the list in that annex, decided provisionally to maintain the effects of inclusion of DLA in that list as regards solely the mobility part thereof so that, within a reasonable period, appropriate measures could be taken to include it in that annex (see, to that effect, Case C‑299/05 Commission v Parliament and Council , paragraph 75). It follows, in the view of the Court, that the mobility component of DLA may be a special benefit within the meaning of Article 4(2a) of Regulation No 1408/71, as amended. | 34 After all, the external transit of non-Community goods is not completely devoid of effect on the internal market. It is, in fact, based on a legal fiction. Goods placed under this procedure are subject neither to the corresponding import duties nor to the other measures of commercial policy; it is as if they had not entered Community territory. In reality, they are imported from a non-member country and pass through one or more Member States before being exported to another non-member country. This operation is all the more liable to have a direct effect on the internal market as there is a risk that counterfeit goods placed under the external transit procedure may be fraudulently brought on to the Community market, as several Governments pointed out in their written observations and at the hearing. | 0 |
2,602 | 38
For the purposes of interpreting that provision, it should be noted that, in accordance with the need for a uniform application of EU law and the principle of equality, a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, and that interpretation must take into account, inter alia, the context of the provision and the objective pursued by the legislation in question (see, by analogy, judgment of 17 July 2008, Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42 and the case-law cited). | 50. Il est en effet de jurisprudence constante que la pratique décisionnelle de la Commission ne saurait constituer un cadre juridique pour les amendes infligées en matière de concurrence (voir, en ce sens, arrêt Heineken Nederland et Heineken/Commission, C‑452/11 P, EU:C:2012:829, point 108 et jurisprudence citée), cette affirmation valant, comme l’a relevé le Tribunal au point 189 de l’arrêt attaqué, tant pour la détermination du montant des amendes individuelles que pour l’interprétation par la Commission de ses propres lignes directrices (voir, en ce sens, arrêt Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, EU:C:2005:408, points 227 et 230), qu’il s’agisse donc du niveau général des amendes ou de la méthodologie employée pour leur calcul. | 0 |
2,603 | 49
In that context, the Court has also held, first, that such a measure can be adopted only if the alleged real risk for public health appears to be sufficiently established on the basis of the latest scientific data available at the date of the adoption of that measure (see judgments of 23 September 2003, Commission v Denmark, C‑192/01, EU:C:2003:492, paragraph 48; of 5 February 2004, Commission v France, C‑24/00, EU:C:2004:70, paragraph 55; of 2 December 2004, Commission v Netherlands, C‑41/02, EU:C:2004:762, paragraph 49; and of 28 January 2010, Commission v France, C‑333/08, EU:C:2010:44, paragraph 89), and, secondly, that the evaluation of that risk must be carried out on the basis of the most reliable scientific data available and the most recent results of international research (see judgment of 5 February 2004, Greenham and Abel, C‑95/01, EU:C:2004:71, paragraph 47). | 45. Accordingly, the answer to the first question is that Directive 1999/70 and the Framework Agreement must be interpreted as not applying either to the fixed-term employment relationship between a temporary worker and a temporary employment business or to the employment relationship between such a worker and a user undertaking.
The second and third questions | 0 |
2,604 | 19. As regards the wording of the question, it must be borne in mind, at the outset, that the Court does not have jurisdiction to rule upon the compatibility of a national measure with EU law. Nor does the Court have jurisdiction to rule on the compatibility of State aid or of an aid scheme with the internal market, since that assessment falls within the exclusive competence of the European Commission, subject to review by the Court (judgment in Fallimento Traghetti del Mediterraneo , C‑140/09, EU:C:2010:335, paragraph 22 and the case-law cited). | 29. Accordingly, the reason which justifies recognition of the exception for in-house awards, that is to say, the existence a specific internal link between the contracting authority and the contractor, is absent in a situation such as that in the main proceedings. | 0 |
2,605 | 30
Thus, neither Directive 98/59 nor the earlier Directive 75/129 impinges upon the employer’s freedom to effect or refrain from effecting collective redundancies (see, in respect of Directive 75/129, judgments of 12 February 1985, Dansk Metalarbejderforbund and Specialarbejderforbundet i Danmark, 284/83, EU:C:1985:61, paragraph 10, and of 7 September 2006, Agorastoudis and Others, C‑187/05 to C‑190/05, EU:C:2006:535, paragraph 35). | 38. Consequently, the services rendered by ACMC to UL must be regarded as a form of cooperation consisting in assisting UL, for payment, in the performance of activities which would normally be carried out by it, but without having a contractual relationship with the insured parties. Such activities constitute a division of UL’s activities and not the performance of services carried out by an insurance agent (see, by analogy, Case C-235/00 CSC Financial Services [2001] ECR I-10237, paragraph 40). | 0 |
2,606 | 29. Il ressort de la jurisprudence de la Cour que, en tant que dérogation à la règle fondamentale de la libre circulation et de la non-discrimination des travailleurs communautaires, l’article 39, paragraphe 4, CE doit recevoir une interprétation qui limite sa portée à ce qui est strictement nécessaire pour sauvegarder les intérêts que cette disposition permet aux États membres de protéger (arrêts précités Colegio de Oficiales de la Marina Mercante Española, point 41; Anker e.a., point 60 et jurisprudence citée, ainsi que Commission/Italie, point 15 et jurisprudence citée). | 110. Dans l’arrêt attaqué, notamment aux points 150 à 152 de celui-ci, le Tribunal, premièrement, a affirmé que l’insuffisance d’information préalable à l’égard des requérants ne saurait être de nature à entraîner par elle-même l’illégalité des décisions litigieuses. Deuxièmement, il a rappelé que, selon une jurisprudence constante, la légalité d’un acte individuel attaqué devant le juge communautaire doit être appréciée en fonction des éléments de fait et de droit existant à la date à laquelle l’acte a été adopté et que, à cet égard, les décisions litigieuses ont toutes été adoptées conformément aux nouvelles dispositions impératives de l’article 12, paragraphe 3, de l’annexe XIII du statut, dont l’illégalité n’a pas été démontrée. | 0 |
2,607 | 34. However, according to the case-law, a provision which is capable of restricting a fundamental freedom guaranteed by the Treaty, such as the free movement of goods, can be properly justified only if it is appropriate for securing the attainment of that objective and does not go beyond what is necessary in order to attain it (see, inter alia, Case C‑14/02 ATRAL [2003] ECR I‑4431, paragraph 64; Case C‑254/05 Commission v Belgium [2007] ECR I‑4269, paragraph 33; judgment of 13 March 2008 in Case C‑227/06 Commission v Belgium , paragraph 61; and Case C‑141/07 Commission v Germany [2008] ECR I‑6935, paragraph 48). | 26. The original version of that article however left it to the Member States to determine the extent of the liability covered and the terms and conditions of the compulsory insurance against civil liability in respect of the use of motor vehicles. In order to reduce the disparities which continued to exist between the laws of the Member States as regards the extent of the obligation to insure, as stated in the third recital in the preamble to the Second Directive, Article 1 of the Second Directive required civil liability for damage to property and personal injuries to be compulsorily covered up to specified sums, and Article 1 of the Third Directive extended that obligation to provide cover for personal injuries to passengers other than the driver ( Mendes Ferreira and Delgado Correia Ferreira , paragraph 26). | 0 |
2,608 | 35. However, for advantages to be capable of being categorised as aid within the meaning of Article 92(1) of the Treaty, they must, first, be granted directly or indirectly through State resources and, second, be imputable to the State (Case C-303/88 Italy v Commission [1991] ECR I-1433, paragraph 11, France v Commission , paragraph 24, and GEMO, paragraph 24. | 87
It follows, as the Advocate General observed in point 84 of his Opinion, that, under the system governing judicial review proceedings before the EU courts, it is the parties that take the initiative in pursuing the case and delimiting its subject matter, inter alia by identifying in the form of order sought the act, or part of the act, which they intend to submit to judicial review. | 0 |
2,609 | 40. Regarding the distortion of facts alleged by Waterford Wedgwood, it should be recalled that, in accordance with Article 225(1) EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal lies on a point of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts or evidence are distorted, constitute points of law subject, as such, to review by the Court of Justice on appeal (see, in particular, Case C‑104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22, and Case C‑25/05 P Storck v OHIM [2006] ECR I-5719, paragraph 40). | 19 Abuse in the sense of the re-introduction into the Community of the product previously exported cannot exist where the product has undergone substantial and irreversible processing, as a result of which it has ceased to exist as such and a new product, coming under a different tariff heading, has been created. | 0 |
2,610 | 23. It is also apparent from settled case-law that Article 34 TFEU reflects the obligation to comply with the principles of non-discrimination and of mutual recognition of products lawfully manufactured and marketed in other Member States, as well as the principle of ensuring free access of EU products to national markets (see Case C-110/05 Commission v Italy [2009] ECR I-519, paragraph 34, and Ker-Optika , paragraph 48). | 36. Ainsi que le confirme le considérant 5 de la directive 2003/4, en adoptant cette directive, le législateur de l’Union a entendu assurer la compatibilité du droit de l’Union avec cette convention en vue de sa conclusion par la Communauté en prévoyant un régime général tendant à garantir que toute personne physique ou morale d’un État membre ait un droit d’accès aux informations environnementales détenues par les autorités publiques ou pour le compte de celles-ci sans que cette personne soit obligée de faire valoir un intérêt (arrêt Flachglas Torgau, précité, point 31). | 0 |
2,611 | 91. It is apparent from Article 118a of the Treaty, which is the legal basis for Directive 93/104, from the first, fourth, seventh and eighth recitals in the preamble to the directive, from the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council held at Strasbourg on 9 December 1989, points 8 and 19, first subparagraph, thereof, which are referred to in the fourth recital to the directive, and from the actual wording of Article 1(1) of the directive that the latter’s purpose is to lay down minimum requirements intended to improve the living and working conditions of workers through approximation of national provisions concerning, in particular, the duration of working time. This Community-level harmonisation of the organisation of working time seeks to guarantee a better level of protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods – particularly daily and weekly – and adequate breaks (see Jaeger , paragraphs 45 to 47). | 82. S’agissant de la proposition de la Commission d’imposer une astreinte de nature dégressive, il convient de relever que, même si pour garantir l’exécution complète de l’arrêt de la Cour, l’astreinte doit être exigée dans son intégralité jusqu’à ce que l’État membre ait pris toutes les mesures nécessaires pour mettre fin au manquement constaté, dans certains cas spécifiques, toutefois, une sanction qui tient compte des progrès éventuellement réalisés par l’État membre dans l’exécution de ses obligations peut être envisagée (voir, en ce sens, arrêts Commission/Belgique, C‑533/11, EU:C:2013:659, points 73 et 74 ainsi que jurisprudence citée, et Commission/Italie, C‑196/13, EU:C:2014:2407, point 106). | 0 |
2,612 | 158. It follows that, even if dividends distributed by a non‑resident company and received by a resident company do not have corporation tax charged on them in the Member State where the latter company is established in respect of the tax year in which those dividends have been received, the reduction of the losses of the company receiving the dividends is liable to result for that company, if the credit for the tax paid by the company making the distribution is not carried forward, in economic double taxation on the dividends in subsequent tax years when its results are positive (see, to this effect, Case C‑138/07 Cobelfret [2009] ECR I‑731, paragraphs 39 and 40, and the order in KBC-Bank and Beleggen, Risicokapitaal, Beheer , paragraphs 39 and 40). By contrast, there is no risk of economic double taxation for nationally‑sourced dividends, because the exemption method is applied to them. | 16 The precise context in which that limitation was imposed was that of benefits (in particular, pensions) provided for by private occupational schemes which were treated as pay within the meaning of Article 119 of the Treaty. | 0 |
2,613 | 49 However, the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (see, in particular, Baustahlgewebe v Commission, paragraph 25). | 26 THAT REQUIREMENT MAY BE EXPLAINED BY THE FACT THAT A PROVISION PERMITTING THE AUTHORIZATION OF PROTECTIVE MEASURES WITH REGARD TO A MEMBER STATE WHICH DEROGATE , EVEN TEMPORARILY AND IN RESPECT OF CERTAIN PRODUCTS ONLY , FROM THE RULES RELATING TO THE FREE MOVEMENT OF GOODS MUST , LIKE ANY PROVISION OF THAT NATURE , BE INTERPRETED STRICTLY .
| 0 |
2,614 | 68. Article 87(1) EC does not distinguish between the causes or the objectives of State aid, but defines them in relation to their effects ( British Aggregates v Commission , paragraph 85 and the case‑law cited). | 73 Furthermore, the fact that businesses established outside the Federal Republic of Germany are not subject to the same obligations to provide information may be attributed to objective differences between those businesses and businesses established in Germany. | 0 |
2,615 | 125. The Court has already held that, although such projects are not subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, laid down by the Habitats Directive, their implementation nevertheless falls within the scope of Article 6(2) of that directive (see, to that effect, Case C‑226/08 Stadt Papenburg [2010] ECR I‑131, paragraphs 48 and 49). | 26. L’article 110 TFUE a pour objectif d’assurer la libre circulation des marchandises entre les États membres dans des conditions normales de concurrence. Il vise l’élimination de toute forme de protection pouvant résulter de l’application d’impositions intérieures discriminatoires à l’égard des produits originaires d’autres États membres (arrêt Tatu, précité, point 34 et jurisprudence citée). | 0 |
2,616 | 42. It follows from the need for uniform application of Community law and from the principle of equality that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Union, having regard to the context of the provision and the objective pursued by the legislation in question (see, by analogy, Case C-195/06 Österreichischer Rundfunk [2007] ECR I-8817, paragraph 24 and case-law cited). | 134. Article 5(3)(d) of Directive 2001/29 is intended to strike a fair balance between the right to freedom of expression of users of a work or other protected subject-matter and the reproduction right conferred on authors. | 0 |
2,617 | 36. It follows that the status of ‘worker’ within the meaning of EU law is not affected by the fact that a person has been hired as a self-employed person under national law, for tax, administrative or organisational reasons, as long as that persons acts under the direction of his employer as regards, in particular, his freedom to choose the time, place and content of his work (see judgment in Allonby , EU:C:2004:18, paragraph 72), does not share in the employer’s commercial risks (judgment in Agegate , C‑3/87, EU:C:1989:650, paragraph 36), and, for the duration of that relationship, forms an integral part of that employer’s undertaking, so forming an economic unit with that undertaking (see judgment in Becu and Others , C‑22/98, EU:C:1999:419, paragraph 26). | 52. Under that scheme, the manufacturer may place products bearing the "CE" marking on the market without being obliged to subject them to a prior authorisation procedure. | 0 |
2,618 | 53. While, as stated in paragraph 48 of the present case, it is in principle for national courts to determine whether the conditions for State liability for breach of EU law are met, it must be held that, in the case in the main proceedings, the Court has all the information necessary in order to judge whether the facts presented are to be characterised as a sufficiently serious breach of EU law (see, by analogy, Case C‑392/93 British Telecommunications [1996] ECR I‑1631, paragraph 41; and Joined Cases C‑283/94, C‑291/94 and C‑292/94 Denkavit and Others [1996] ECR I‑5063, paragraph 49). | 24. Une telle restriction à la libre prestation des services ne saurait être admise que si elle poursuit un objectif légitime compatible avec le traité et se justifie par des raisons impérieuses d’intérêt général, pour autant, en pareil cas, qu’elle soit propre à garantir la réalisation de l’objectif poursuivi et qu’elle n’aille pas au-delà de ce qui est nécessaire pour l’atteindre (voir, notamment, arrêt Citroën Belux, précité, point 37 et jurisprudence citée). | 0 |
2,619 | 37. On the other hand, as regards the requirement as to residence laid down in Paragraph 5(1)(a) of the VGVG, it is not disputed that it was established within the framework of legislation concerning the ownership of agricultural land which is intended to achieve the specific objectives of preserving agricultural communities and viable farms. Contrary to the claims of Ms Ospelt and the Foundation, it does not make any distinction between its own nationals and nationals of other Member States of the Community or, more broadly, of States party to the EEA Agreement. It is therefore not, a priori, discriminatory in nature (see, to that effect, Fearon , cited above, paragraph 10). | Il ressort des points 53 et 55 de l’arrêt du 16 mai 2002, France/Commission (C‑482/99, EU:C:2002:294), que l’imputabilité à l’État d’une mesure d’aide prise par une entreprise publique peut être déduite d’un ensemble d’indices résultant des circonstances de l’espèce et du contexte dans lequel cette mesure est intervenue. À cet égard, il ne saurait être exigé qu’il soit démontré, sur le fondement d’une instruction précise, que les autorités publiques ont incité concrètement l’entreprise publique à prendre les mesures d’aide concernées. | 0 |
2,620 | 47. In fact, annulment of a national measure implementing a Commission decision ordering recovery of unlawful aid, which impedes the immediate and effective implementation of that decision, is irreconcilable with the requirements arising from Article 14(3) of Regulation No 659/1999 (see, to that effect, Scott and Kimberly Clark , paragraph 30). | 66. To the extent that, although residing in one Member State, a person such as Mr Renneberg derives most of his taxable income from salaried employment in another Member State and has no significant income in his Member State of residence, he is, for the purposes of taking into account his ability to pay tax, in a situation objectively comparable, with regard to his Member State of employment, to that of a resident of that Member State who is also in salaried employment there. | 0 |
2,621 | 27. À ces fins, la Cour peut extraire de l’ensemble des éléments fournis par la juridiction nationale, et notamment de la motivation de la décision de renvoi, les normes et les principes du droit de l’Union qui appellent une interprétation compte tenu de l’objet du litige au principal (voir en ce sens, notamment, arrêts du 29 novembre 1978, Redmond, 83/78, Rec. p. 2347, point 26; du 23 octobre 2003, Inizan, C‑56/01, Rec. p. I‑12403, point 34, et Byankov, précité, point 58). En vue de fournir à la juridiction qui lui a adressé une question préjudicielle une réponse utile, la Cour peut ainsi être amenée à prendre en considération des normes du droit de l’Union auxquelles le juge national n’a pas fait référence dans l’énoncé de sa question (arrêts du 27 mars 1990, Bagli Pennacchiotti, C‑315/88, Rec. p. I‑1323, point 10, et du 3 avril 2008, Militzer & Münch, C‑230/06, Rec. p. I‑1895, point 19). | 11 The directive thus gives two definitions of medicinal products: a definition of medicinal products "by virtue of their presentation" and a definition of medicinal products "by virtue of their function". A product is a medicinal product if it falls within either of those definitions. | 0 |
2,622 | 42. Thus, a Member State will be in breach of those provisions where a measure imputable to a Member State gives rise to a risk of an abuse of a dominant position (see the judgment in MOTOE , EU:C:2008:376, paragraph 50 and the case-law cited). | 56. Therefore, the General Court cannot reasonably be criticised as having erred in law on the ground that it assessed the overall impression produced by the designs in conflict without starting from the premiss that an informed user would in all likelihood make a direct comparison of those designs. | 0 |
2,623 | 58. However, as the Commission observes, national legislation giving pension funds established in Member States other than the Kingdom of Spain and offering occupational pension schemes in that Member State and insurance companies operating in Spain under the freedom to provide services the choice of appointing a tax representative or carrying out the tasks themselves, in accordance with the solution which they consider to be the most advantageous from the economic point of view, would be less prejudicial to the freedom to provide services than the general obligation to appoint such a representative imposed by the national legislation at issue (see, by analogy, judgments in Commission v Portugal , C‑267/09, EU:C:2011:273, paragraph 47, and National Grid Indus , C‑371/10, EU:C:2011:785, paragraphs 69 to 73). | 73. In those circumstances, national legislation offering a company transferring its place of effective management to another Member State the choice between, first, immediate payment of the amount of tax, which creates a disadvantage for that company in terms of cash flow but frees it from subsequent administrative burdens, and, secondly, deferred payment of the amount of tax, possibly together with interest in accordance with the applicable national legislation, which necessarily involves an administrative burden for the company in connection with tracing the transferred assets, would constitute a measure which, while being appropriate for ensuring the balanced allocation of powers of taxation between the Member States, would be less harmful to freedom of establishment than the measure at issue in the main proceedings. If a company were to consider that the administrative burden in connection with deferred recovery was excessive, it could opt for immediate payment of the tax. | 1 |
2,624 | 104. That said, it must, in any event, be recalled that, even before the entry into force of Decision 2006/613, the Member States are to protect sites as soon as they propose them, under Article 4(1) of Directive 94/43, as sites eligible for identification as SCIs on the national list transmitted to the Commission (see, to that effect, Dragaggi and Others , paragraph 26). The Member States are required, under that directive, to take protective measures that are appropriate, having regard to the directive’s conservation objective, for the purpose of safeguarding the relevant ecological interest which those sites have at national level (see Dragaggi and Others , paragraph 30) and cannot therefore consent to interventions which may create the risk of seriously compromising the ecological characteristics of those sites, for example interventions which create the risk of significantly reducing the surface area of a site, of leading to the disappearance of priority species present on that site, or, finally, of having as an outcome the destruction of the site or the eradication of its representative characteristics (see Case C-244/05 Bund Naturschutz in Bayern and Others [2006] ECR I-8445, paragraph 46, and Case C-340/10 Commission v Cyprus [2012] ECR, paragraph 44). | 23. Moreover, the interpretation of the terms used in that provision must be consistent with the objectives pursued by those exemptions and must comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT (see, by analogy, United Utilities , paragraph 22). | 0 |
2,625 | 27
The conditions that must be fulfilled for the purpose of enabling a taxable person to apply the margin scheme are set out in Article 314 of the VAT Directive. That article, in addition to specifying the types of goods that a taxable dealer may supply under the margin scheme, lists in points (a) to (d) the persons from one of whom the taxable dealer must acquire those goods, thus enabling him to apply that special arrangement. Those different persons have in common that they could not deduct any of the input tax paid on the purchase of those goods and therefore bore that tax in its entirety (see, to that effect, judgment of 19 July 2012, Bawaria Motors, C‑160/11, EU:C:2012:492, paragraph 37). | 11 In the light of the division of responsibilities in the preliminary ruling procedure laid down by the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention, it is for the national court alone to define the questions which it proposes to refer to the Court. According to settled law, it is solely for the national court before which the dispute has been brought, and which must assume the responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of each 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 (Case C-127/92 Enderby [1993] ECR I-5535, paragraph 10).
The question referred | 0 |
2,626 | 21. That essential function of trade marks has been incorporated by the Community legislature into Article 2 of the Directive, which provides that signs which are capable of being represented graphically may only constitute a trade mark if they are capable of distinguishing the goods or services of one undertaking from those of other undertakings ( Merz & Krell , paragraph 23). | 77. In particular, to the extent that State financial aid for higher education studies is intended to encourage the pursuit of such studies both in Luxembourg and in any other country, the existence of a reasonable probability that the recipients of that aid will return to settle in Luxembourg and make themselves available to the labour market of that Member State, in order to contribute to its economic development, may be established on the basis of elements other than a prior residence requirement in relation to the student concerned. | 0 |
2,627 | 58. Article 78(1) of the Customs Code provides that the customs authorities ‘may’, on their own initiative or at the request of the declarant, amend the declaration, that is to say re-examine it. Where the declarant applies for a revision, its application must be examined by the customs authorities, at least in relation to the question whether or not there is cause to carry out such a revision ( Overland Footwear , paragraphs 45 and 46). That provision makes a revision applied for by the declarant subject to the assessment of the customs authorities as regards both its principle and its result (see Overland Footwear , paragraph 66) | 26 A decision involving the transfer of an official against his will is a measure adversely affecting the official within the meaning of Article 25 of the Staff Regulations and must therefore state the grounds on which it is based . The Court has consistently held ( see in particular the judgment of 29 October 1981 in Case 125/80 Arning v Commission (( 1981 )) ECR 2539 ) a decision contains an adequate statement of grounds if the decision which is the subject-matter of the action was taken in circumstances known to the official concerned and enables him to be aware of the scope of the decision taken in his regard . | 0 |
2,628 | 37. Furthermore, the concept of a ‘transfer … of a totality of assets or part thereof’ has been interpreted by the Court as covering the transfer of a business or an independent part of an undertaking, including tangible elements and, as the case may be, intangible elements which, together, constitute an undertaking or a part of an undertaking capable of carrying on an independent economic activity, but that it does not cover the simple transfer of assets, such as the sale of a stock of products (see Zita Modes , paragraph 40). | 63 However, Hi-Tech considers that, in the light of Article 30 of the Treaty, the principle of proportionality has not been observed. | 0 |
2,629 | 74. It should be observed, inter alia, in that regard that, given that the 1997 decision, in authorising that scheme, was derogating from the general principle, set out in Article 87(1) EC, that State aid is incompatible with the common market, such an operator could not reasonably expect that that decision would authorise the grant of aid even after the date indicated therein, contrary to the principle that such exceptions are to be strictly interpreted (see Case C-277/00 Germany v Commission [2004] ECR I‑3925, paragraph 20, and Joined Cases C‑346/03 and C‑529/03 Atzeni and Others [2006] ECR I‑1875, paragraph 79). | 33 That requirement implies that those authorities should ascertain whether their legislation can be applied literally to migrant workers, in exactly the same way as to non-migrant workers, without ultimately causing migrant workers to lose a social security advantage and, consequently, discouraging them from actually exercising their right to freedom of movement. | 0 |
2,630 | 26 In the Legros judgment, the Court noted (at paragraph 16) that a charge levied at a regional frontier by reason of the fact that goods are brought into one region of a Member State undermines the unity of the Community customs territory and constitutes an obstacle to the free movement of goods at least as serious as a charge levied at a national frontier on products entering a Member State as a whole. | 71. Cette disposition, en tant que dérogation au principe fondamental de libre circulation des capitaux, doit faire l’objet d’une interprétation stricte. Cela induit, notamment, qu’elle ne saurait être interprétée en ce sens que toute législation fiscale comportant une distinction entre les contribuables en fonction du lieu où ils résident ou de l’État membre dans lequel ils investissent leur capitaux serait automatiquement compatible avec le traité (voir, en ce sens, arrêt Arens‑Sikken, C‑43/07, EU:C:2008:490, point 51). | 0 |
2,631 | 37. In those circumstances, only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94 (Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I‑551, paragraph 31, and Storck v OHIM , paragraph 28). | 31. According to established case-law, only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94 ( Henkel v OHIM , paragraph 39, and Mag Instrument v OHIM , paragraph 31). | 1 |
2,632 | 74. Furthermore, as the Commission points out, the Portuguese legislation in issue in the main proceedings is substantially similar to the Finnish legislation on slot machines, in issue in Läärä and Others , in respect of which the Court found that it was not disproportionate, in view of the objectives which justified it ( Läärä and Others , cited above, paragraph 42). Moreover, the Court considered that limited authorisation of gambling on the basis of special or exclusive rights granted or assigned to certain bodies, falls within the ambit of such public-interest objectives (Case C-67/98 Zenatti [1999] ECR I-7289, paragraph 35). | 53 As regards the method to be used to assess the distinctive character of a mark in respect of which registration is applied for, Community law does not preclude the competent authority, where it has particular difficulty in that connection, from having recourse, under the conditions laid down by its own national law, to an opinion poll as guidance for its judgment (see, to that effect, Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraph 37). | 0 |
2,633 | 129. It is settled case-law that, in the context of proceedings under Article 226 EC, the existence of a failure to fulfil obligations must be assessed in the light of the European Union legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see, inter alia, Case C‑365/97 Commission v Italy [1999] ECR I‑7773, paragraph 32; Case C‑275/04 Commission v Belgium [2006] ECR I‑9883, paragraph 34; and Case C‑270/07 Commission v Germany [2009] ECR I‑1983, paragraph 49). | 46. The same conclusion applies where such transactions, without that taxable person knowing or having any means of knowing, are carried out in connection with fraud committed by the seller. | 0 |
2,634 | 24 To the extent to which that threshold is incompatible with the principles of Greek law, suffice it to state that under the Court's settled case-law recourse to provisions of domestic law to restrict the scope of the provisions of Community law would have the effect of undermining the unity and efficacy of that law and cannot consequently be accepted (see, inter alia, Case C-473/93 Commission v Luxembourg [1996] ECR I-3207, paragraph 38, and Commission v France, cited above, paragraph 33).
Possible revision of the Directive | 38 In reply to that argument it is sufficient to refer to the Court' s settled case-law according to which recourse to provisions of the domestic legal systems to restrict the scope of the provisions of Community law would have the effect of impairing the unity and efficacy of that law and consequently cannot be accepted (see, in particular, the judgment in Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and, regarding in particular Article 48(4) of the Treaty, the judgment in Case 149/79 Commission v Belgium, cited above, paragraph 19). | 1 |
2,635 | 53. The Court held that that concept of ‘objective reasons’ must be understood as referring to precise and concrete circumstances characterising a given activity, which are therefore capable, in that particular context, of justifying the use of successive fixed-term employment contracts. Those circumstances may result, in particular, from the specific nature of the tasks for the performance of which such contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State ( Adeneler and Others , paragraphs 69 and 70). | 97
In the fifth place, it should be recalled that, according to the referring court, there is no measure, other than the three measures that it referred to, that a communication network access provider, such as the applicant in the main proceedings, could, in practice, take in order to comply with an injunction such as that at issue in the main proceedings. | 0 |
2,636 | 19. Pursuant to the second and third paragraphs of Article 234 EC, where a question on the interpretation of the EC Treaty or of subordinate acts of the institutions of the Community is raised before any court or tribunal of a Member State, that court or tribunal may or, if it is a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, must, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon (see Case C-231/89 Gmurzynska-Bscher [1990] ECR I‑4003, paragraph 17, and Case C-412/93 Leclerc-Siplec [1995] ECR I‑179, paragraph 9). | 35. In that respect, it must be pointed out that the effectiveness of fiscal supervision constitutes an overriding requirement of general interest capable of justifying a restriction on the exercise of fundamental freedoms guaranteed by the Treaty (see, to that effect, Case C‑254/97 Baxter and Others [1999] ECR I‑4809, paragraph 18 and the case‑law cited). | 0 |
2,637 | 39. To require those who, among the residents of a Member State, are insured under the social security scheme of another Member State to finance, in addition, even if only partially, the social security scheme of the Member State of residence would give rise to unequal treatment under Article 13 of Regulation No 1408/71, since all other residents of the latter Member State are required to contribute only to its social security scheme (see, to that effect, judgments in Commission v France , EU:C:2000:84, paragraphs 45 to 48, and Commission v France , EU:C:2000:85, paragraphs 42 to 45). | 62. Since the case in the main proceedings falls within the scope of Article 39 EC, it is not necessary to rule on the interpretation of Articl e 18 EC (see, to that effect, Oteiza Olazabal , paragraph 26, and Alevizos, paragraph 80), and there is, therefore, no need to answer the fourth question.
Costs | 0 |
2,638 | 33. The Court has consistently held in that regard that, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon by individuals as against the State, particularly in its capacity as an employer (see, in particular, to that effect, Case 152/84 Marshall [1986] ECR 723, paragraphs 46 and 49; Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraphs 69 and 71; and Case C‑268/06 Impact [2008] ECR I‑2483, paragraph 57). | 139 In those circumstances, the remainder of the Spanish Government's claim relating to the refusal to charge to the EAGGF certain expenditure relating to production aid for olive oil must be dismissed.
Aid in the wine sector | 0 |
2,639 | 29. Article 17(7) of the Sixth Directive thus lays down a procedural obligation which the Member States must observe in order to be able to make use of the derogation it sets out. Consultation of the VAT Committee is clearly a condition precedent to the adoption of any measure on the basis of that provision (see Metropol and Stadler , paragraphs 61 to 63). | 62 Article 17(7) of the Sixth Directive thus lays down a procedural obligation which the Member States must observe in order to be able to make use of the derogation it sets out (see, by analogy, with respect to Article 27(5) of the Sixth Directive, which also provides for derogations from the scheme of the directive, Case 324/82 Commission v Belgium [1984] ECR 1861, paragraph 28). | 1 |
2,640 | 38. As regards the meaning of the term ‘discard’, it also follows from that case-law that that term must be interpreted in the light of the aim of Directive 2006/12, which, in the words of recital 2 in the preamble to the directive, consists in the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, having regard to Article 191(2) TFEU, which provides that European Union policy on the environment is to aim at a high level of protection and is to be based, in particular, on the precautionary principle and the principle that preventive action should be taken. It follows that the term ‘discard’, and therefore the concept of ‘waste’ within the meaning of Article 1(1)(a) of Directive 2006/12, cannot be interpreted restrictively (see, to that effect, Commune de Mesquer , paragraphs 38 and 39). | 35. Accordingly, the answer to the first question should be that Article 3(1) of Regulation No 2988/95 is directly applicable in the Member States, including in the field of export refunds on agricultural products, in the absence of sectoral Community rules providing for a shorter limitation period which may not be less than three years or of national rules providing for a longer limitation period.
Question 2 | 0 |
2,641 | 34. In that regard, it must be pointed out that, although Article 4 of the Sixth Directive gives a very wide scope to VAT, only activities of an economic nature are covered by that provision (see, to that effect, Case C-306/94 Régie dauphinoise [1996] ECR I-3695, paragraph 15; Case C‑77/01 EDM [2004] ECR I-4295, paragraph 47; and Case C-465/03 Kretztechnik [2005] ECR I-4357, paragraph 18). | 31. Those arguments cannot, however, be accepted. | 0 |
2,642 | 33. In that regard, the Court has held that, in the context of the cooperation between the Court and the national courts established by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑544/07 Rüffler [2009] ECR I‑0000, paragraph 36, and the case law cited). | 123. It follows that the institutions must at the very least be able to produce and set out clearly and unequivocally the basic facts which had to be taken into account as the basis of the contested measures of the act and on which the exercise of their discretion depended. | 0 |
2,643 | 87
Since Article 28 of Directive 2006/112 comes under Title IV of that directive, entitled ‘Taxable transactions’, the two supplies of services concerned fall within the scope of VAT. It follows that, if the supply of services in which an operator takes part is subject to VAT, the legal relationship between that operator and the operator on behalf of whom it acts is also subject to VAT (see, by analogy, judgment of 14 July 2011, Henfling and Others, C‑464/10, EU:C:2011:489, paragraph 36). | 19. It is therefore for the Court, in the present case, to restrict its analysis to the provisions of EU law and provide an interpretation of them which will be of use to the national court, which has the task of determining the compatibility of the provisions of national law with that law (see, by way of analogy, inter alia, Case C‑380/05 Centro Europa 7 [2008] ECR I‑349, paragraph 51). To that end, it is for the Court to reformulate the question referred to it (see, by way of analogy, inter alia, Case C‑210/04 FCE Bank [2006] ECR I‑2803, paragraph 21). | 0 |
2,644 | 22. Thus, with regard to that last condition, the Member States, if they decide to introduce the private copying exception into their national law, are, in particular, required to provide, in application of Article 5(2)(b) of Directive 2001/29, for the payment of ‘fair compensation’ to rightholders (see, also, Case C-467/08 Padawan [2010] ECR I-0000, paragraph 30). | 45. That interpretation is confirmed by the objective pursued by the legislature of the European Union in adopting Regulation No 320/2006. As is apparent, in particular, from recitals 1 and 5 in the preamble to that regulation, that objective is to restructure the sugar sector in order to reduce unprofitable production capacity in the European Union by introducing an economic incentive, in the form of a restructuring aid, for undertakings with the lowest productivity, to give up their quota production and renounce the quotas concerned (see, to that effect, Case C‑33/08 Agrana Zucker [2009] ECR I‑5035, paragraph 22). | 0 |
2,645 | 26
It is true that, by way of derogation from that obligation, the second subparagraph of Article 2(1) of the Second Directive provides that certain victims may be excluded from compensation by the insurance company, having regard to the situation they have themselves brought about, that is to say, persons who voluntarily entered the vehicle which caused the damage or injury, when that company can prove that they knew the vehicle had been stolen. However, and as the Court has already held, derogations from the first subparagraph of Article 2(1) of the Second Directive may be made only in that single, specific case (judgment of 1 December 2011, Churchill Insurance Company Limited and Evans, C‑442/10, EU:C:2011:799, paragraph 35). | 29. En ce qui concerne la procédure en manquement au titre de l’article 260, paragraphe 2, TFUE, il y a lieu de retenir comme date de référence pour apprécier l’existence d’un tel manquement celle de l’expiration du délai fixé dans la lettre de mise en demeure émise en vertu de cette disposition (voir, en ce sens, arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 27). | 0 |
2,646 | 65. On the other hand, in accordance with the Court’s case-law, interest received by a holding company in consideration of loans granted to companies in which it has shareholdings cannot be excluded from the scope of VAT, since that interest does not arise from the simple ownership of the asset, but is the consideration for making capital available for the benefit of a third party (see, to that effect, Régie dauphinoise , paragraph 17). | 34 First, as Rosalba Palmisani and the Commission emphasize, the measures implementing the Directive contained in the Legislative Decree pursue an objective that differs from that of the compensation scheme established by that Decree. While the former aim to provide employees, by means of specific guarantees of payment of unpaid remuneration, with protection under Community law in the event of the insolvency of their employer, the latter seeks, by definition, to make good to a sufficient extent the loss or damage sustained by the beneficiaries of the Directive as a result of its belated transposition. | 0 |
2,647 | 25. According to settled case-law, the need for uniform application and, accordingly, for uniform interpretation of an EU measure makes it impossible to consider one version of the text in isolation, but requires that it be interpreted on the basis of both the real intention of its author and the aim which the latter seeks to achieve, in the light, in particular, of the versions in all languages (see, inter alia, Case 29/69 Stauder [1969] ECR 419, paragraph 3; Joined Cases C‑261/08 and C‑348/08 Zurita García and Choque Cabrera [2009] ECR I‑10143, paragraph 54; and Case C‑473/08 Eulitz [2010] ECR I‑0000, paragraph 22). | 62. As the appellants in the main proceedings have stated, the Belgian legislation deems, in principle, both the heirs of resident persons and the heirs of persons who were non-resident at the time of death to be taxable persons for the purposes of collecting inheritance and/or transfer duties on immovable properties situated in Belgium. It is only in respect of the deduction of debts from the inheritance of non-residents that non-residents and residents are treated differently. | 0 |
2,648 | 28
It is established case-law that procedural rules are generally held to apply from the date on which they enter into force (judgments of 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 75 and the case-law cited; of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 88; and of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 45), even in a procedure that was initiated before that date, but is still pending after that date (see, to that effect, judgment of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 47). | 14 AS FOR THE EXPORTATION OF THOSE PRODUCTS TO FRANCE , THAT IS CLEARLY A COMMERCIAL ACTIVITY WHICH CAN BE CARRIED ON AT ANY TIME BY ANY UNDERTAKING WHATEVER . IT FOLLOWS THAT THE DECISION AT ISSUE CONCERNS THE APPLICANTS IN THE SAME WAY AS ANY OTHER TRADER ACTUALLY OR POTENTIALLY FINDING HIMSELF IN THE SAME POSITION . THE MERE FACT THAT THE APPLICANTS EXPORT GOODS TO FRANCE IS NOT THEREFORE SUFFICIENT TO ESTABLISH THAT THEY ARE INDIVIDUALLY CONCERNED BY THE CONTESTED DECISION .
| 0 |
2,649 | 44. However, that incorrect reference to Article 133 EC as a second legal basis for that directive does not of itself mean that the directive is invalid ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 98). Such an error in the citations of a Community act is no more than a purely formal defect, unless it gave rise to irregularity in the procedure applicable to the adoption of that act (see, to that effect, Case 165/87 Commission v Council [1988] ECR 5545, paragraph 19, and Joined Cases C-184/02 and C-223/02 Spain and Finland v Parliament and Council [2004] ECR I-0000, paragraph 44). The Court went on to hold, in paragraph 111 of British American Tobacco (Investments) and Imperial Tobacco , that recourse to the twofold legal basis of Articles 95 EC and 133 EC did not give rise to irregularity in the procedure for adopting the directive and that the directive was not invalid on that account. | 17 It should next be stated that the public interest in the protection of the recipients of the services in question against such harm justifies a restriction of the freedom to provide services. However, such a provision goes beyond what is necessary to protect that interest if it makes the pursuit, by way of business, of an activity such as that at issue, subject to the possession by the persons providing the service of a professional qualification which is quite specific and disproportionate to the needs of the recipients. | 0 |
2,650 | 45. It should also be observed that, in particular, the concept of restriction covers measures taken by a Member State which, although applicable without distinction, affect the freedom to provide services in other Member States (see, to that effect, inter alia, Case C‑565/08 Commission v Italy [2011] ECR I‑2101, paragraph 46 and the case-law cited). | 19. To answer that question, it is necessary to ask whether a company such as iSt acts in its own name and whether it qualifies as a trader covered by the special scheme for travel agents and uses for its operations supplies and services provided by other taxable persons. | 0 |
2,651 | 49. The unlimited jurisdiction conferred on the Courts of the European Union by Article 91(1) of the Staff Regulations entrusts the Courts of the Union with the task of providing a complete solution to the disputes brought before it ( Weißenfels v Parliament , paragraph 67, and Case C‑197/09 RX‑II M v EMEA [2009] ECR I‑0000, paragraph 56). | 56. Selon la jurisprudence de la Cour, cette compétence investit le juge communautaire de la mission de donner aux litiges dont il est saisi une solution complète (voir arrêt du 18 décembre 2007, Weißenfels/Parlement, C‑135/06 P, Rec. p. I‑12041, point 67). Elle lui permet, même en l’absence de conclusions régulières à cet effet, non seulement d’annuler, mais encore, s’il y a lieu, de condamner d’office la partie défenderesse au paiement d’une indemnité pour le dommage moral causé par sa faute de service (voir, en ce sens, arrêts du 16 décembre 1960, Fiddelaar/Commission, 44/59, Rec. p. 1077, 1093; du 9 juillet 1970, Fiehn/Commission, 23/69, Rec. p. 547, point 17, ainsi que du 27 octobre 1987, Houyoux et Guery/Commission, 176/86 et 177/86, Rec. p. 4333, point 16). | 1 |
2,652 | 70
According to settled case law, it is not for the Court, in preliminary ruling proceedings, to rule upon the compatibility of provisions of national law with EU law or to interpret national legislation or regulations (see, inter alia, judgments in Jaeger, C‑151/02, EU:C:2003:437, paragraph 43, and in Consorci Sanitari del Maresme, C‑203/14, EU:C:2015:664, paragraph 43). | 36. Une telle prise en compte se heurterait, par ailleurs, à la règle selon laquelle l’administration fiscale ne saurait percevoir au titre de la TVA un montant supérieur à celui que l’assujetti a perçu (voir, notamment, arrêts Elida Gibbs, précité, point 24; du 3 juillet 1997, Goldsmiths, C‑330/95, Rec. p. I‑3801, point 15, ainsi que Balkan and Sea Properties et Provadinvest, précité, point 44). | 0 |
2,653 | 66. In relation to aid granted by the European Union budget in the framework of the common agricultural policy, the Court has already held that any exercise, by a Member State, of a discretion to decide whether or not it would be expedient to demand repayment of aid unduly or unlawfully granted would be inconsistent with the obligations imposed on national administrations by European Union rules applicable in those sectors to recover aid unduly or unlawfully paid ( SGS Belgium and Others , paragraph 50). | 47. However, whilst the definition of comparative advertising given in Article 2(2a) assumes that there is a competitive relationship between undertakings proving, for that purpose, sufficient to ascertain whether the products they offer generally display a certain degree of substitutability for one another, the condition laid down in Article 3a(1)(b) requires an individual and specific assessment of the products which are specifically the subject of the comparison in the advertisement before it can be concluded that there is a real possibility of substitution. | 0 |
2,654 | 65
As to the argument that the General Court distorted the clear sense of the evidence in paragraphs 104 and 106 of the judgment under appeal, it will be recalled that merely making reference to such a distortion does not satisfy the requirements laid down by the case-law of the Court under which, in particular, an appellant must indicate precisely the evidence alleged to have been distorted (judgment of 7 September 2016, Pilkington Group and Others v Commission, C‑101/15 P, EU:C:2016:631, paragraph 62 and the case-law cited). | 36. Par conséquent, c’est à bon droit que le Tribunal a jugé, au point 44 de l’ordonnance attaquée, que les mesures visant à mettre en œuvre la décision d’incompatibilité, dont notamment celle consistant à rejeter une demande de bénéfice de l’avantage fiscal en cause, rejet que la requérante pourra également contester devant le juge national, sont des mesures d’exécution de la décision litigieuse. | 0 |
2,655 | 31. Secondly, a member of the family of a Turkish worker, who satisfies the conditions laid down in the first sentence of Article 7 of Decision No 1/80 and who wishes to work in the host Member State, does not have to comply with the more rigorous conditions laid down in that regard in Article 6(1) (see to that effect, by analogy, Case C-210/97 Akman [1998] ECR I-7519, paragraphs 48 to 50). | 49 Such an interpretation would, moreover, wholly negate the effectiveness of the second paragraph of Article 7 by wrongly preventing Turkish children who have completed a course of vocational training in a Member State from enjoying the rights to which they are directly entitled pursuant to a special provision specifically conferring on them more favourable conditions as regards employment in that State. | 1 |
2,656 | 42. As regards, thirdly, the argument concerning the interpretation of the second paragraph of Article 3 of the Protocol in the light of the aims of that article, it should be recalled that the fiscal immunity necessary for the performance of its tasks, which the Community enjoys on the basis of Article 291 EC, is granted ‘under the conditions laid down in the Protocol’. An interpretation in the light of the context and aims of a provision cannot have the result of depriving the clear and precise wording of that provision of all effectiveness (see to that effect, as regards the privileges and immunities of the European Central Bank, Case C‑220/03 ECB v Germany [2005] ECR I‑10595, paragraph 31). | 54. The Court held that the sale of fuel giving rise to the award of points to customers, on the one hand, and the supply of goods in exchange for those points, on the other hand, were two separate transactions (see, to that effect, Kuwait Petroleum , paragraph 28). | 0 |
2,657 | 43 That definition of the term `onset of the employer's insolvency' cannot, however, preclude the option available to the Member States, acknowledged in Article 9 of the Directive, of applying or introducing provisions that are more favourable to employees, in particular for the purpose of including unpaid remuneration during a period subsequent to the lodging of a request that proceedings to satisfy collectively the claims of creditors be opened (see also the judgment of today's date in Case C-373/95 Maso and Others [1997] ECR I-0000, paragraphs 46 to 52). | 27. In that regard, it must be borne in mind that it is settled case-law that the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions. EU provisions must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is a divergence between the various language versions of an EU text, the provision in question must thus be interpreted by reference to the general scheme and the purpose of the rules of which it forms part (see Case C‑558/11 Kurcums Metal EU:C:2012:721, paragraph 48 and the case-law cited). | 0 |
2,658 | 142. As regards the appellant’s argument, pleaded in the alternative, that the General Court erred in law in failing to ascertain whether, in determining the level of risk deemed acceptable, the Commission had taken into account the gravity of the risk of transmission to humans of TSEs actually occurring and the irreversible nature of TSEs as diseases, it must be recalled that in a sphere in which the European Union legislature is called on to undertake complex assessments, judicial review of the exercise of its powers must be limited to examining whether it is vitiated by a manifest error of assessment or a misuse of powers or whether the legislature has manifestly exceeded the limits of its discretion (Case C‑236/01 Monsanto Agricoltura Italia and Others [2003] ECR I‑8105, paragraph 135). | 29. The third subparagraph of Rule 50(1) of the Implementing Regulation must therefore be applied, at this particular stage of the appeal proceedings against the Opposition Division’s decision, in place of the provisions relating to the proceedings before that division, which include Rule 20(1) of the Implementing Regulation. | 0 |
2,659 | 35. As is apparent from Case C‑224/98 D’Hoop [2002] ECR I‑6191, paragraphs 29 to 34, a national of a Member State who goes to another Member State and pursues secondary education there exercises the freedom to move guaranteed by Article 18 EC. | 22 However, when injections of capital by a public investor disregard any prospect of profitability, even in the long term, such provision of capital must be regarded as aid within the meaning of Article 92 of the Treaty, and its compatibility with the common market must be assessed on the basis solely of the criteria laid down in that provision. | 0 |
2,660 | 97. In accordance with Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal is limited to points of law. Therefore, the Court of First Instance has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. That appraisal thus does not, save where the clear sense of the evidence before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (Case C‑104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22, and Joined Cases C‑456/01 P and C‑457/01 P Henkel v OHIM [2004] ECR I‑5089, paragraph 41). | 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 |
2,661 | 31. The Court has also held that the benefit of stable employment is viewed as a major element in the protection of workers (see Mangold , paragraph 64, and Adeneler and Others , paragraph 62). It deduced therefrom that the Framework Agreement seeks to place limits on successive use of fixed-term employment contracts, which is regarded as a potential source of abuse to the disadvantage of workers, by laying down as a minimum a number of protective provisions designed to prevent the status of employees from being insecure (see Adeneler and Others , paragraph 63). | 91. Thus, and contrary to the submissions of the Belgian, Italian and Polish Governments, according to which the Member States lack the instruments necessary to assess compliance with fundamental rights by the Member State responsible and, therefore, the risks to which the asylum seeker would be exposed were he to be transferred to that Member State, information such as that cited by the European Court of Human Rights enables the Member States to assess the functioning of the asylum system in the Member State responsible, making it possible to evaluate those risks. | 0 |
2,662 | 48. In respect of shareholdings not covered by Directive 90/435, it is for the Member States to determine whether, and to what extent, economic double taxation or a series of charges to tax on distributed profits is to be avoided and, for that purpose, to establish, either unilaterally or by conventions concluded with other Member States, procedures intended to prevent or mitigate such economic double taxation or series of charges to tax. However, this does not of itself mean that the Member States are entitled to impose measures that contravene the freedoms of movement guaranteed by the EC Treaty (see Test Claimants in Class IV of the ACT Group Litigation , paragraph 54; Amurta , paragraph 24; Commission v Italy , paragraph 31; and Commission v Spain , paragraph 40). | 83 Moreover, the requirement to state reasons must be appraised on the basis of the particular features of the case in point, such as the content of the measure in question and the nature of the reasons given (Joined Cases 296/82 and 318/82 Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraph 19). | 0 |
2,663 | 61. Consequently, since the facts at issue in the main proceedings, as described in the order of reference, occurred in 2004, that is to say, on a date subsequent to the expiry of the period allowed to the Member States for transposing Directive 96/71, that date being fixed for 16 December 1999, and since those facts fall within the scope of that directive, the first question must be examined with regard to the provisions of that directive interpreted in the light of Article 49 EC (Case C‑60/03 Wolff & Müller [2004] ECR I-9553, paragraphs 25 to 27 and 45), and, where appropriate, with regard to the latter provision itself.
The possibilities available to the Member States for determining the terms and conditions of employment applicable to posted workers, including minimum rates of pay | 34 In that respect, it should be noted that, by providing that directives adopted in the fields of health and safety of workers are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings, Article 118a of the EEC Treaty, which was introduced by the Single European Act into the chapter concerning social provisions, indicates that such undertakings may be the subject of special economic measures. | 0 |
2,664 | 31. It is clear from the Court’s case-law that that right of freedom of movement includes both the right for citizens of the Union to enter a Member State other than the one of origin and the right to leave the State of origin. As the Court has already had occasion to state, the fundamental freedoms guaranteed by the FEU Treaty would be rendered meaningless if the Member State of origin could, without due justification, prohibit its own nationals from leaving its territory in order to enter the territory of another Member State (see Jipa , paragraph 18 and case-law cited). | 83 As regards the second condition, concerning adverse effects on competition, the appellant acknowledges that the information exchange system did affect competition on the United Kingdom tractor market. However, that fact alone is not sufficient to support a finding that the system is anti-competitive. | 0 |
2,665 | 56
In such a situation, each of the two Member States is confronted with the same practical difficulties in organising the transfer as those that it would have had to confront if the transfer had been carried out immediately following the acceptance of the take charge or take back request and should thus have the same six week period in which to determine the practical details of the transfer and carry out that transfer (see, by analogy, judgment of 29 January 2009, Petrosian, C‑19/08, EU:C:2009:41, paragraphs 43 and 44). | 49. The Court found those factors to be important for the purposes of deciding whether the vendor can be obliged to account for the VAT after the event (see, to that effect, Teleos and Others , paragraph 66). | 0 |
2,666 | 54. It is for the referring court to ascertain that the national authorities really did intend at the material time to ensure a particularly high level of protection with regard to the objectives relied on, and whether, having regard to the level of protection sought, the establishment of a monopoly could actually be considered necessary ( Zeturf , paragraph 47). In this connection, it is the Member State wishing to rely on an objective capable of justifying the restriction of the freedom to provide services which must supply the court called on to rule on that question with all the evidence of such a kind as to enable the court to be satisfied that the measure does indeed comply with the requirements deriving from the principle of proportionality ( Stoß and Others , paragraph 71). | 36
That directive seeks to prevent double taxation of profits distributed by subsidiary companies to parent companies (see, inter alia, judgments of 3 April 2008, Banque Fédérative du Crédit Mutuel, C‑27/07, EU:C:2008:195, paragraph 27; of 22 December 2008, Les Vergers du Vieux Tauves, C‑48/07,EU:C:2008:758, paragraph 37; and of 1 October 2009, Gaz de France — Berliner Investissement, C‑247/08, EU:C:2009:600, paragraph 57) through the mechanisms laid down in Article 4(1) and Article 5(1) of Directive 90/435. | 0 |
2,667 | 61. With regard to the collection of the tax due in respect of the unrealised capital gains, the Court has held that it is appropriate to give the taxable person a choice between, first, immediate payment of the amount of tax due on the unrealised capital gains relating to the assets held by that person and, second, deferred payment of that tax, possibly together with interest in accordance with the applicable national legislation (see, to that effect, Nation Grid Indus , paragraph 73, and Case C‑38/10 Commission v Portugal [2012] ECR, paragraphs 31 and 32). | 62. In that regard, the Court has also held that, according to established case-law, the overall impression created in the mind of the relevant public by a complex trade mark may, in certain circumstances, be dominated by one or more of its components. However, it is only if all the other components of the mark are negligible that the assessment of the similarity can be carried out solely on the basis of the dominant element ( OHIM v Shaker , paragraphs 41 and 42, and Case C‑193/06 P Nestlé v OHIM [2007] ECR I-114, paragraphs 42 and 43 and the case-law cited). | 0 |
2,668 | 31 That interpretation was confirmed in Ten Oever, cited above (paragraphs 10 and 11). A pension scheme set up by negotiation between both sides of the industry concerned and funded wholly by the employees and employers in that industry, to the exclusion of any financial contribution from the public purse, falls within the scope of Article 119, even where the public authorities, at the request of the employers' and trade union organizations concerned, declare the scheme compulsory for the whole of the industry concerned. | 50. It should be noted that the total amount of refunds constitutes part of the numerator of the ratio making it possible to calculate average loss. Moreover, that increase of the numerator necessarily implies an overestimation of the average loss and thus of the overall loss, in infringement of Article 15(1) of the basic regulation. | 0 |
2,669 | 42. In that regard, the Court has acknowledged that, in order to avoid any discrimination, it is necessary that fixed scales determined by statute, regulation or administrative provision and calculated on the basis of criteria such as a vehicle’s age, mileage, general condition, propulsion method, make or model produce the desired outcome that the tax charged on imported used vehicles in no case exceeds the amount of the residual tax incorporated in the value of similar used vehicles already registered in the State (see, to that effect, Weigel , paragraph 75). Such a calculation is in particular necessary in order to ensure that the excise duty in question is neutral for tax purposes in relation to imported used vehicles. | 18 That method applies only in the absence of other factors or if the customs authorities are doubtful as to the price shown on the invoice. If it is certain that the price paid to the intermediary by the importer and the importer' s subsequent resale price exceed the minimum import price, the purpose of Regulation No 1626/85 has been achieved. It is therefore on the basis of those prices that the comparison must be made. | 0 |
2,670 | 36. A measure of that kind cannot be accepted unless it pursues one of the legitimate aims listed in the Treaty or is justified by overriding reasons in the public interest. Even so, application of that measure still has to be such as to ensure achievement of the objective in question and must not go beyond what is necessary for that purpose (see, to that effect, inter alia, Kranemann , paragraph 33, and Olympique Lyonnais , paragraph 38). | 21 Those prerogatives are one of the elements of the institutional balance created by the Treaties . The Treaties set up a system for distributing powers among the different Community institutions, assigning to each institution its own role in the institutional structure of the Community and the accomplishment of the tasks entrusted to the Community . | 0 |
2,671 | 67. In that regard, the Court has ruled that the principle of fiscal neutrality, which is a fundamental principle of the common system of VAT, precludes treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (see, inter alia, Case C‑498/03 Kingscrest Associates and Montecello [2005] ECR I‑4427, paragraph 41; Case C‑246/04 Turn- und Sportunion Waldburg [2006] ECR I‑589, paragraph 33; and Case C‑409/04 Teleos and Others [2007] ECR I‑7797, paragraph 59) and, further, precludes economic operators who carry out the same activities from being treated differently as far as the levying of VAT is concerned (see, inter alia, Case C‑216/97 Gregg [1999] ECR I‑4947, paragraph 20, and Case C‑288/07 Isle of Wight Council and Others [2008] ECR I‑7203, paragraph 42). | 93 By the same token, the questions of law which may arise in the context of the application of Article 176 of the Treaty, such as those relating to the passage of time, the possibility of resuming proceedings, the access to the file required on resumption of the proceedings, the intervention of the Hearing Officer and the Advisory Committee and the possible implications of Article 20 of Regulation No 17, do not render a new hearing necessary since they do not alter the substance of the objections, being at most amenable to subsequent judicial review. | 0 |
2,672 | 16. La seule constatation du manquement s’oppose à ce qu’il soit fait droit à la demande du Grand-Duché de Luxembourg, tendant à ce que la procédure soit suspendue dans l’attente d’un hypothétique désistement de la Commission (arrêts du 19 février 2002, Commission/Luxembourg, C-366/00, Rec. p. I-1749, point 12, et du 24 février 2005, Commission/Luxembourg, C-383/04, point 7). | 40 In that regard, to the extent that a Member State can justify its requirement of prior authorisation by relying on a town and country planning objective such as maintaining, in the general interest, a permanent population and an economic activity independent of the tourist sector in certain regions, the restrictive measure inherent in such a requirement can be accepted only if it is not applied in a discriminatory manner and if the same result cannot be achieved by other less restrictive procedures. | 0 |
2,673 | 35 In paragraph 37 of that same judgment, the Court also pointed out that it is settled case-law that a Member State cannot unilaterally adopt, on its own authority, corrective or protective measures designed to obviate any breach by another Member State of rules of Community law (see also the judgments in Joined Cases 90/63 and 91/63 Commission v Luxembourg and Belgium [1964] ECR 625, Case 232/78 Commission v France [1979] ECR 2729, paragraph 9, and Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 20). | 31. However, it is for the Court to provide the referring court with an answer which will be of use to it and enable it to determine the case before it (see, inter alia, Case C‑98/06 Freeport [2007] ECR I‑8319, paragraph 31). | 0 |
2,674 | 19. The principle of legal certainty, which constitutes one of the aims of the Convention, requires, in particular, that the jurisdictional rules which derogate from the basic principle of the Convention laid down in Article 2, such as the rule in Article 24 thereof, be interpreted in such a way as to enable a normally well-informed defendant reasonably to foresee before which courts, other than those of the State in which he is domiciled, he may be sued (see, to that effect, Case C‑440/97 GIE Groupe Concorde and Others [1999] ECR I-6307, paragraphs 23 and 24; Case C-256/00 Besix [2002] ECR I-1699, paragraph 24; and Case C‑281/02 Owusu [2005] ECR I-0000, paragraphs 38 to 40). | 21. It follows that for the right in question to be exhausted, two conditions must be fulfilled: first, the original of a work or copies thereof must have been placed on the market by the rightholder or with his consent and, second, they must have been placed on the market in the Community. | 0 |
2,675 | 59. With respect to parallel trade, the Court has already held that, in principle, agreements aimed at prohibiting or limiting parallel trade have as their object the prevention of competition (see, to that effect, Case 19/77 Miller International Schallplaten v Commission [1978] ECR 131, paragraphs 7 and 18, and Joined Cases 32/78, 36/78 to 82/78 BMW Belgium and Others v Commission [1979] ECR 2435, paragraphs 20 to 28 and 31). | 64
In that regard, information, before and at the time of concluding a contract, on the terms of the contract and the consequences of concluding it is of fundamental importance for a consumer. It is, in particular, on the basis of that information that the consumer decides whether he wishes to be bound by the conditions drafted in advance by the seller or supplier (see, to that effect, judgment of 16 January 2014 in Constructora Principado, C‑226/12, EU:C:2014:10, paragraph 25 and the case-law cited). | 0 |
2,676 | 28
The transaction value must reflect the real economic value of imported goods and take into account all the elements of those goods that have economic value (judgments of 12 December 2013, Christodoulou and Others, C‑116/12, EU:C:2013:825, paragraph 40, and of 16 June 2016, EURO 2004. Hungary, C‑291/15, EU:C:2016:455, paragraph 26). | 36. Although, as Greencore argues, the Court of Justice has no jurisdiction to review the assessment of the facts made by the Court of First Instance, it does have jurisdiction pursuant to Article 225 EC to review the definition of the legal nature of those facts and the determination of the legal consequences made by the Court of First Instance (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 49, and Case C-7/95 P John Deere v Commission [1998] ECR I-3111, paragraph 21). | 0 |
2,677 | 87. That provision gives concrete expression to the principle of State liability for loss and damage caused to individuals as a result of breaches of EU law for which the State can be held responsible. According to case-law developed since the adoption of Directive 89/665, but which is now consistent, that principle is inherent in the legal order of the Union. The Court has held that individuals harmed have a right to reparation where three conditions are met: the rule of EU law infringed must be intended to confer rights on them; the breach of that rule must be sufficiently serious; and there must be a direct causal link between the breach and the loss or damage sustained by the individuals (Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraphs 31 and 51; and Case C‑445/06 Danske Slagterier [2009] ECR I‑2119, paragraphs 19 and 20). | 27. In the present case, the assessment of the impact of the agreements at issue in the main proceedings on competition must take account, in the first place, of all of the factors which determine access to the relevant market, for the purposes of assessing whether, in the catchment areas where the shopping centres which are covered by those agreements are located, there are real concrete possibilities for a new competitor to establish itself, including through the occupation of commercial premises in other shopping centres located in those areas or by occupying other commercial premises located outside the shopping centres. Accordingly, it is appropriate in particular to take into consideration the availability and accessibility of commercial land in the catchment areas concerned and the existence of economic, administrative or regulatory barriers to entry of new competitors in those areas (see, by analogy, judgment in Delimitis , C‑234/89, EU:C:1991:91, paragraphs 20 and 21). | 0 |
2,678 | 37. However, according to settled case-law, the proof required to demonstrate the genuine link must not be too exclusive in nature or unduly favour one element which is not necessarily representative of the real and effective degree of connection between the claimant and this Member State, to the exclusion of all other representative elements (see, to that effect, D’Hoop , paragraph 39; Case C‑503/09 Stewart [2011] ECR I‑0000, paragraph 95; and Case C‑75/11 Commission v Austria [2012] ECR I‑0000, paragraph 62). | 95. While the rules for applying that condition do not, in themselves, appear to be unreasonable, none the less that condition is too exclusive in nature. Indeed, by requiring specific periods of past presence in the competent Member State, the condition of past presence unduly favours an element which is not necessarily representative of the real and effective degree of connection between the claimant to short-term incapacity benefit in youth and that Member State, to the exclusion of all other representative elements. It therefore goes beyond what is necessary to attain the objective pursued (see, by analogy, D’Hoop , paragraph 39). | 1 |
2,679 | 18 IT IS THEREFORE NECESSARY TO CONSIDER WHETHER THE APPLICANT HAS SUCCEEDED IN SHOWING THAT THE COMMUNITY INCURRED LIABILITY BY REASON OF THE FACT THAT BY ARTICLE 1 OF REGULATION NO 1669/82 THE COMMISSION EXCLUDED THE ADJUSTMENT OF REFUNDS FIXED IN ADVANCE FOR THE PERIOD DURING WHICH EXIMO APPLIED FOR AND OBTAINED THE EXPORT LICENCE WHICH IT DID NOT USE . THE QUESTION WHETHER THE APPLICATION IS WELL FOUNDED MUST IN THIS REGARD BE EXAMINED FROM THE POINT OF VIEW OF THE REQUIREMENTS TO WHICH ACTIONS AGAINST LEGISLATIVE ACTS OF THE COMMUNITY ARE SUBJECT , ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT ( SEE MOST RECENTLY THE JUDGMENT OF 17 . 12 . 1981 , JOINED CASES 197 TO 200 , 243 , 245 AND 247/80 ( LUDWIGSHAFENER WALZMUHLE ( 1981 ) ECR 3211 , PARAGRAPHS 17 TO 19 OF THE DECISION ).
| 23. Ces dispositions s’opposent à ce que les dividendes versés par des sociétés établies dans un État ayant adhéré à l’accord EEE (ci-après un «État de l’EEE-AELE») ou dans un État membre autre que celui de la résidence d’un contribuable soient, sur le plan fiscal, traités de manière moins favorable que ceux versés par des sociétés établies dans ce dernier État (pour la libre circulation des capitaux, voir, en ce sens, arrêts du 6 juin 2000, Verkooijen, C‑35/98, Rec. p. I‑4071, points 34 à 36, et du 7 septembre 2004, Manninen, C‑319/02, Rec. p. I‑7477, points 22 à 24; pour la liberté d’établissement, voir, en ce sens, arrêt Test Claimants in the FII Group Litigation, précité, point 46). | 0 |
2,680 | 13
According to settled case-law, whenever the provisions of a directive appear, so far as their subject matter is concerned, to be unconditional and sufficiently precise, they may be relied upon before the national courts by individuals against the State where the State has failed to implement the directive in domestic law within the period prescribed or where it has failed to implement the directive correctly (see, inter alia, judgments of 19 January 1982, Becker, 8/81, EU:C:1982:7, paragraph 25; of 15 January 2014, Association de médiation sociale, C‑176/12, EU:C:2014:2, paragraph 31; and of 7 July 2016, Ambisig, C‑46/15, EU:C:2016:530, paragraph 16 and the case-law cited). | 126. Quant à l’argument tiré de l’appréciation des éléments de preuve, c’est à bon droit que le Tribunal a constaté, au point 154 de l’arrêt attaqué, que les documents produits par Ferriere pour la première fois avec la réplique, qui n’ont par conséquent pas été communiqués à la Commission au cours de la procédure administrative, ne sauraient avoir d’incidence sur la légalité de la décision litigieuse (voir, en ce sens, arrêt du 10 juillet 1986, Belgique/Commission, 234/84, Rec. p. 2263, point 16). | 0 |
2,681 | 39
In that regard, as is apparent from recitals 1 and 18 of Regulation No 1924/2006, health protection is among the principal aims of that regulation (judgment of 6 September 2012 in Deutsches Weintor, C‑544/10, EU:C:2012:526, paragraph 45). Accordingly, it is necessary, in particular, to give the consumer the necessary information to make choices in full knowledge of the facts (judgments of 10 April 2014 in Ehrmann, C‑609/12, EU:C:2014:252, paragraph 40, and 17 December 2015 in Neptune Distribution, C‑157/14, EU:C:2015:823, paragraph 49). | 49. As regards the objectives both of Regulation No 1924/2006 and of Directive 2009/54, it should be recalled, as Article 1 of that regulation states, that the latter aims to ensure the effective functioning of the internal market whilst providing a high level of consumer protection. In that regard, recitals 1 and 9 in the preamble to that regulation state that it is necessary, in particular, to give the consumer the necessary information to make choices in full knowledge of the facts (judgment in Ehrmann , C‑609/12, EU:C:2014:252, paragraph 40). | 1 |
2,682 | 30. Those conditions are exhaustive in nature (see, to that effect, Case 48/75 Royer [1976] ECR 497, paragraph 37; Case C-363/89 Roux [1991] ECR I-273, paragraphs 14 and 15; and Case C-376/89 Giagounidis [1991] ECR I-1069, paragraph 21). | 15 Moreover, under Article 6 of Directive 73/148 the Member States may not require, for the issue of a residence permit to a self-employed person, anything other than the production of one of the abovementioned identity documents, and proof that the person concerned "comes within one of the classes of person referred to in Articles 1 and 4". | 1 |
2,683 | 17. The fact that a Member State can only plead in its defence against such an action that implementation was absolutely impossible does not prevent a State which, in giving effect to a Commission decision on State aid, encounters unforeseen and unforeseeable difficulties or becomes aware of consequences overlooked by the Commission, from submitting those problems to the Commission for consideration, together with proposals for suitable amendments to the decision in question. In such cases, the Commission and the Member State must, by virtue of the rule imposing on the Member States and the Community institutions a duty of genuine cooperation which underlies, in particular, Article 10 EC, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions and, in particular, the provisions on aid (see Commission v Italy , cited above, paragraph 17; Commission v France , cited above, paragraph 24; Case C-378/98 Commission v Belgium [2001] ECR I-5107, paragraph 31; Case C‑499/99 Commission v Spain , cited above, paragraph 24; and Case C-404/00 Commission v Spain , cited above, paragraph 46). | 59. Cela étant, dès lors qu’il est manifeste, sans que soit nécessaire la production par les parties d’éléments supplémentaires à cet égard, que le Tribunal a violé de manière suffisamment caractérisée son obligation de juger l’affaire dans un délai raisonnable, la Cour peut le relever (arrêt Deltafina, C‑578/11, EU:C:2014:1742, point 90). | 0 |
2,684 | 41. In that connection, regard must be had to the settled case-law of the Court to the effect that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the competent courts are satisfied (see, in particular, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 42, and Case C-347/00 Barreira Pérez [2002] ECR I-8191, paragraph 44). | 33. In the main proceedings here, by contrast, the contested decision, addressed to the Italian Republic, concerns aid schemes intended for categories of persons defined in a general manner and not explicitly identified recipients. Nor was the decision notified by the Italian Republic to Atzeni and Others or to any other recipients of the aid in question. | 0 |
2,685 | 73
As regards the objective of Regulation No 6/2002, it should be recalled that, according to recitals 6 and 7 thereof, it establishes the protection of design rights for one area encompassing all the Member States, an enhanced protection for industrial design encouraging innovation and development of new products and investment in their production. The Court has also already stated that the objective of that regulation is to ensure effective protection of registered Community designs (see, to that effect, judgment of 16 February 2012, Celaya Emparanza y Galdos International, C‑488/10, EU:C:2012:88, paragraph 44). | 55. However, it must be borne in mind that it is not for the Court of Justice to interpret national legislation, as only the national court has jurisdiction to do so. In the case of a breach of Directive 76/207 by legislative provisions introducing discrimination contrary to that directive, the national courts are required to set aside that discrimination, using all the means at their disposal, and in particular by applying those provisions for the benefit of the class placed at a disadvantage (Case C-187/00 Kutz-Bauer [2003] ECR I-2741, paragraph 75, and Case C-77/02 Steinicke [2003] ECR I-9027, paragraph 72). | 0 |
2,686 | 55. In that sense, the enacting terms of a European Union act are indissociably linked to the reasons given for it, so that, when it has to be interpreted, account must be taken of the reasons which led to its adoption (Case C‑298/00 P Italy v Commission [2004] ECR I‑4087, paragraph 97 and the case-law cited, and Lassal , paragraph 50). | 38. With regard to the conditions for the admissibility of such actions, Article 10a of Directive 85/337 provides for two possibilities: the admissibility of an action may be conditional on ‘a sufficient interest in bringing the action’ or on the applicant alleging ‘the impairment of a right’, depending on which of those conditions is adopted in the national legislation. | 0 |
2,687 | 32. It is settled case‑law that that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the perception of them by the relevant public ( Storck v OHIM , paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). Furthermore, the Court has held, as OHIM points out in its appeal, that that method of assessment is also applicable to an analysis of the distinctive character of signs consisting solely of a colour per se, three‑dimensional marks and slogans (see, to that effect, respectively, Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraph 78; Storck v OHIM , paragraph 26; and Audi v OHIM , paragraphs 35 and 36). | 19. It follows, in the Commission’s view, that the Council does not have the power to adopt a decision on the basis of the third subparagraph of Article 88(2) EC where an aid has been declared incompatible with the common market by a Commission decision. Nor, to that extent, did the Council have the power to override the effects of such a decision, by authorising the grant of aids designed to compensate the beneficiaries of the aid declared incompatible for the repayment which that decision obliged them to make. | 0 |
2,688 | 49 Accordingly, since it is established that a system such as that introduced by Law No 95/79 is in itself capable of giving rise to the grant of State aid within the meaning of Article 92(1) of the Treaty, that system cannot be put into operation unless it has been notified to the Commission and, if it has been so notified, before the Commission has made a decision acknowledging that the aid plan is compatible with the common market, or, if the Commission takes no decision within a period of two months from the notification, before that period has expired (see Lorenz, paragraph 4). | 46. In that context, the Court has already stated on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task ( Pannon GSM , paragraphs 31 and 32, and Banco Español de Crédito , paragraphs 42 and 43). | 0 |
2,689 | 13 Next, the Court has held that, in order for an article to be classified under the tariff heading at issue, it is not sufficient that it satisfies only the criteria for `collectors' pieces', that is to say that it merely possesses the requisite characteristics for inclusion in a collection. It must also be of `historical or ethnographic interest'. The Court has thus held that those two conditions are cumulative (see Daiber, paragraph 22). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
2,690 | 90. According to settled case-law, the criteria for assessing the distinctive character of three-dimensional trade marks consisting of the shape of the product itself are no different from those applicable to other categories of trade mark (judgments in Mag Instrument v OHIM , C‑136/02 P, EU:C:2004:592, paragraph 30, and Freixenet v OHIM , C‑344/10 P and C‑345/10 P, EU:C:2011:680, paragraph 45). However, for the purpose of applying those criteria, the perception of the average consumer is not necessarily the same in relation to a three-dimensional mark consisting of the appearance of the product itself as it is in relation to a word or figurative mark consisting of a sign which is independent of the appearance of the products it designates. Average consumers are not in the habit of making assumptions about the origin of products on the basis of their shape or the shape of their packaging in the absence of any graphic or word element, and it could therefore prove more difficult to establish distinctive character in relation to such a three-dimensional mark than in relation to a word or figurative mark (judgments in Mag Instrument v OHIM , C‑136/02 P, EU:C:2004:592, paragraph 30, and Freixenet v OHIM , C‑344/10 P and C‑345/10 P, EU:C:2011:680, paragraph 46). | 17 It should be noted that the principle of equal treatment laid down by Article 119 of the Treaty, like the general principle of non-discrimination which it embodies in a specific form, presupposes that the men and women to whom it applies are in identical situations. | 0 |
2,691 | 52. Furthermore it is settled case-law that the basic regulation allows the Commission to charge to the EAGGF only sums paid in accordance with the rules laid down in the various agricultural sectors (see, inter alia, Case 327/85 Netherlands v Commission [1988] ECR 1065, paragraph 24; Case C-197/90 Italy v Commission [1992] ECR I-1, paragraph 38; and Case C-118/99 France v Commission [2002] ECR I‑747, paragraph 38) and requires it to refuse financing of expenditure when it finds that irregularities have occurred (Case C-157/00 Greece v Commission [2003] ECR I-153, paragraph 44). | 83. Although the production in the other countries has been relatively large and of substantial duration, the Court notes, as pointed out by the scientific committee in the first indent of the conclusion in its opinion, that the production of feta has remained concentrated in Greece. | 0 |
2,692 | 61 In this context, the Court has held that periods in which a Turkish national is employed under a residence permit which was issued to him only as a result of fraudulent conduct which has led to a conviction are not based on a stable situation and such employment cannot be regarded as having been secure in view of the fact that, during the periods in question, the person concerned was not legally entitled to a residence permit (Case C-285/95 Kol v Land Berlin [1997] ECR I-3069, paragraph 27). | 33. That interpretation must apply a fortiori with respect to a rule of jurisdiction, such as that contained in Article 14 of the Convention, which allows a consumer, within the meaning of the first paragraph of Article 13 of the Convention, to sue the defendant in the courts of the Contracting State in which the claimant is domiciled. Apart from the cases expressly provided for, the Convention does not appear to favour the attribution of jurisdiction to the courts of the claimant’s domicile (see Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraphs 16 and 19; Shearson Lehman Hutton , paragraph 17; Benincasa , paragraph 14; and Case C-168/02 Kronhofer [2004] ECR I-0000, paragraph 20). | 0 |
2,693 | 55. Thus, where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I‑7063, paragraphs 27 to 49, and Case C-319/02 Manninen [2004] ECR I‑7477, paragraphs 29 to 55). | 61. À cet égard, si la protection de la santé publique constitue un intérêt légitime de nature à justifier, en principe, une restriction à une liberté fondamentale garantie par le traité, telle que la libre circulation des marchandises, il n’en demeure pas moins que de telles restrictions ne peuvent être justifiées que si elles sont propres à garantir la réalisation de l’objectif poursuivi et ne vont pas au‑delà de ce qui est nécessaire pour qu’il soit atteint (arrêts du 14 octobre 2004, Omega, C‑36/02, Rec. p. I‑9609, point 36; du 11 décembre 2007, International Transport Workers’ Federation et Finnish Seamen’s Union, C‑438/05, non encore publié au Recueil, point 75, et Dynamic Medien, précité, point 42). | 0 |
2,694 | 29. It also follows from the Court’s case-law that, although recourse to Article 95 EC as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them ( Arnold André , paragraph 31, and Swedish Match , paragraph 30; see also, to that effect, Case C‑350/92 Spain v Council [1995] ECR I‑1985, paragraph 35, Germany v Parliament and Council , paragraph 86, Case C‑377/98 Netherlands v Parliament and Council [2001] ECR I‑7079, paragraph 15, and British American Tobacco (Investments) and Imperial Tobacco , paragraph 61). | 48. S’agissant des moyens invoqués par la République italienne pour sa défense, il y a lieu de relever que, selon une jurisprudence constante de la Cour, le seul moyen de défense susceptible d’être invoqué par un État membre contre un recours en manquement introduit par la Commission sur le fondement de l’article 108, paragraphe 2, TFUE est celui tiré d’une impossibilité absolue d’exécuter correctement la décision en cause (voir, notamment, arrêts du 20 septembre 2007, Commission/Espagne, C‑177/06, Rec. p. I‑7689, point 46; du 13 novembre 2008, Commission/France, C‑214/07, Rec. p. I‑8357, point 44, et du 14 juillet 2011, Commission/Italie, précité, point 33). | 0 |
2,695 | 24 It follows that the first limb of the plea must be dismissed.
The second limb of the plea | 36. Moreover, it is undisputed that that activity of search engines plays a decisive role in the overall dissemination of those data in that it renders the latter accessible to any internet user making a search on the basis of the data subject’s name, including to internet users who otherwise would not have found the web page on which those data are published. | 0 |
2,696 | 125. It should, first of all, be noted in this regard that the patient who, having requested authorisation under Article 22(1)(c)(i) of Regulation No 1408/71, was granted that authorisation or received a refusal to authorise subsequently held to be unfounded must, according to the express terms of that provision, be entitled to the benefits in kind provided on behalf of the competent institution by the institution of the host Member State, in accordance with the provisions of the legislation of that State, as if he were registered with that institution (see Vanbraekel , paragraph 32; Inizan , paragraph 20; and Keller , paragraph 65). | 84. The Commission exercises that power when it considers that the aid in question is necessary for the purpose of attaining the objectives of the Treaty. | 0 |
2,697 | 18. In that regard it must be remembered that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-282/02 Commission v Ireland [2005] ECR I‑4653, paragraph 40, and Case C-514/03 Commission v Spain [2006] ECR I‑963, paragraph 44). | 22 As a result a person in Mr Schmid' s position may invoke the provisions of Regulation No 1612/68 and, in particular, Article 7(2). | 0 |
2,698 | 35. It also follows from settled case-law of the Court that the measures prohibited by Article 63(1) TFEU, as restrictions on the movement of capital, include those which are such as to discourage non-residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (Case C-370/05 Festersen [2007] ECR I-1129, paragraph 24; Case C-101/05 A [2007] ECR I-11531, paragraph 40; and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 50). | 51. It must be concluded therefore that, irrespective of the disagreement between the parties in the main proceedings concerning the interpretation of national law and the criticism expressed in regard to that adopted by the national court, the questions referred must be considered in the light of the interpretation of national law adopted by that court. The plea of inadmissibility raised by the Greek Government in this respect must therefore be rejected. | 0 |
2,699 | 27. It thus follows from settled case-law, in particular the judgments which the referring court asks the Court to interpret, that the proprietor of a trade mark may not legitimately oppose the further marketing of a pharmaceutical product bearing his trade mark which has been repackaged by an importer who has reaffixed the mark if
– it is shown that such opposition would contribute to artificial partitioning of the markets between Member States, in particular because the repackaging is necessary for marketing the product in the Member State of import;
– it is shown that the repackaging cannot affect the original condition of the product inside the packaging;
– the new packaging clearly indicates the repackager of the product and the name of the manufacturer;
– the presentation of the repackaged product is not liable to damage the reputation of the trade mark and its proprietor, which implies in particular that the packaging must not be defective, of poor quality, or untidy; and
– the importer gives notice to the proprietor of the trade mark before putting the repackaged product on sale, and supplies him, on request, with a specimen of the repackaged product (see, inter alia, Hoffmann-La Roche , paragraph 14; Bristol-Myers Squibb and Others , paragraph 79; MPA Pharma , paragraph 50; Boehringer Ingelheim and Others , paragraph 21; and Case C‑276/05 The Wellcome Foundation [2008] ECR I‑10479, paragraph 23). | 31
The right to be heard guarantees the applicant for subsidiary protection the opportunity to put forward effectively, in the course of the administrative procedure, his views regarding his application for subsidiary protection and grounds that may give the competent authority reason to refrain from adopting an unfavourable decision (see, by analogy, judgments of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 54, and of 17 March 2016, Bensada Benallal, C‑161/15, EU:C:2016:175, paragraph 33). | 0 |
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