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2,900 | 59. It is therefore incumbent upon the national authorities and courts to refuse the right of deduction where it is established, on the basis of objective evidence, that that right is being relied on for fraudulent or abusive ends (see, to that effect, Joined Cases C-439/04 and C-440/04 Kittel and Recolta Recycling [2006] ECR I-6161, paragraph 55; Mahagében and Dávid , paragraph 42; and Bonik , paragraph 37). | 68. A taxable person which has been subject to that measure must be able to recalculate its VAT debt in accordance with Article 17(2) of the Sixth Directive, in so far as the goods and services have been used for the purposes of taxable transactions. | 0 |
2,901 | 37
In this context, the Court has held that Article 13 of Directive 2006/126, headed ‘Equivalences between non-Community model licences’, in which the disputed expression ‘entitlement to drive granted’ appears, aims solely to govern the question of equivalences between rights acquired before the implementation of the directive and the various categories of driving licence defined by the directive (see, to that effect, judgment of 26 April 2012, Hofmann, C‑419/10, EU:C:2012:240, paragraph 41), that is, between the various categories of driving licence established by the Member States and those resulting from the directive. | 41. Thus, Article 13 of Directive 2006/126, headed ‘Equivalences between non-Community model licences’, is designed solely to govern the question of equivalences between rights acquired before the implementation of that directive and the various categories of driving licence defined by the latter. | 1 |
2,902 | 47. It follows that the application of Article 92(1) of the Treaty only requires it to be determined whether under a particular statutory scheme a State measure is such as to favour "certain undertakings or the production of certain goods" over others which are in a legal and factual situation that is comparable in the light of the objective pursued by the measure in question (Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 41; see also to that effect Case C-200/97 Ecotrade [1998] ECR I-7907, paragraph 41, and Case C-75/97 Belgium v Commission , cited above, paragraph 26). If so, the measure satisfies the condition of selectivity which defines State aid as laid down by that provision. | 34. Furthermore, discrimination contrary to Article 4(1) of Directive 79/7 falls within the scope of the derogation provided for by Article 7(1)(a) of that directive only if it is necessary in order to achieve the objectiv es which the directive is intended to pursue by allowing Member States to retain a different pensionable age for men and for women (Case C-9/91 Equal Opportunities Commission [1992] ECR I-4297, paragraph 13). | 0 |
2,903 | 34
The procedural conditions are laid down in Article 54(1) of Regulation No 178/2002, which requires Member States, first, to ‘officially’ inform the Commission of the need to take emergency measures and, second, if the Commission has not adopted any measures pursuant to Article 53 of that regulation, ‘immediately’ to inform the Commission and the other Member States of the national interim protective measures which have been adopted. Accordingly, in the light of the urgent nature of the intervention of the Member State concerned and the objective of public health protection pursued by Regulation No 1829/2003, Article 54(1) of Regulation No 178/2002 must be interpreted as requiring that, in the event of an emergency, the Commission be informed no later than the time at which the emergency measures are adopted by the Member State concerned (judgment of 8 September 2011, Monsanto and Others, C‑58/10 to C‑68/10, EU:C:2011:553, paragraph 73). | 50. Since the operation of the branches is subject to those conditions, the legislation at issue in the main actions cannot be regarded as inconsistent. | 0 |
2,904 | 58. As regards the question of comparability, it must first be stated that in the context of a tax rule, such as that at issue in the main proceedings, which seeks to exempt from tax profits distributed by resident companies, the situation of a resident investment fund receiving profits is comparable to that of a non-resident investment fund receiving profits in so far as, in each case, the profits made are, in principle, liable to be subject to economic double taxation or a series of charges to tax (see, to that effect, Case C‑446/04 Test Claimants in the FII Group Litigation , paragraph 62; Harib o Lakritzen Hans Riegel and Österreichische Salinen , paragraph 113; Case C‑284/09 Commission v Germany [2011] ECR I‑9879, paragraph 56; and Santander Asset Management SGIIC and Others , paragraph 42 and case-law cited). | 12 It must also be observed that, as the Court held in Joined Cases 209/84 to 213/84 Ministère Public v Asjes [1986] ECR 1425, the competition rules of the Treaty, and in particular those of Articles 85 to 90, apply to the transport sector. | 0 |
2,905 | 166. It is clear from settled case-law that the statement of reasons required by Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Community Court to exercise its power of review. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 63; Case C-42/01 Portugal v Commission [2004] ECR I‑6079, paragraph 66; and Case C-390/06 Nuova Agricast [2008] ECR I-0000, paragraph 79). | 10 THE TASK OF THE SELECTION BOARD CONSISTS OF AT LEAST TWO SEPARATE STAGES, THE FIRST BEING AN EXAMINATION OF THE APPLICATIONS IN ORDER TO SELECT THE CANDIDATES ADMITTED TO THE COMPETITION AND THE SECOND BEING AN EXAMINATION OF THE ABILITIES OF THE CANDIDATES FOR THE POSTS TO BE FILLED IN ORDER TO DRAW UP A LIST OF SUITABLE CANDIDATES . | 0 |
2,906 | 18. The direct effect which Article 45(1) of the Communities-Bulgaria Agreement, Article 44(3) of the Communities-Poland Agreement and Article 45(3) of the Communities-Slovakia Agreement must be recognised as having means that Bulgarian, Polish and Slovak nationals relying on those provisions have the right to invoke them before the courts of the host Member State, notwithstanding the fact that the authorities of that State remain competent to apply to those nationals their own national laws and regulations regarding entry, stay and establishment, in accordance with Article 59(1) of the Communities-Bulgaria Agreement, Article 58(1) of the Communities-Poland Agreement and Article 59(1) of the Communities-Slovakia Agreement (see Gloszczuk , cited above, paragraph 38, Kondova , cited above, paragraph 39, and Case C-268/99 Jany and Others [2001] ECR I-8615, paragraph 28). | 37
Consequently, as the Advocate General observed in point 1 of his Opinion, as a qualification of the general rule that there is the obligation to notify, Regulation No 800/2008 and the conditions laid down by it must be interpreted strictly. | 0 |
2,907 | 58 In that connection, the case-law of the Court of Justice shows that only advantages granted directly or indirectly through State resources are to be considered aid within the meaning of Article 92(1). The distinction made in that provision between aid granted by a Member State and aid granted through State resources does not signify that all advantages granted by a State, whether financed through State resources or not, constitute aid but is intended merely to bring within that definition both advantages which are granted directly by the State and those granted by a public or private body designated or established by the State (see Case 82/77 Van Tiggele [1978] ECR 25, paragraphs 24 and 25; Sloman Neptun, paragraph 19; Case C-189/91 Kirsammer-Hack [1993] ECR I-6185, paragraph 16; Joined Cases C-52/97, C-53/97 and C-54/97 Viscido [1998] ECR I-2629, paragraph 13; Case C-200/97 Ecotrade [1998] ECR I-7907, paragraph 35; Case C-295/97 Piaggio [1999] ECR I-3735, paragraph 35). | 27. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 20 novembre 2003, Commission/France, C‑296/01, Rec. p. I‑13909, point 43, et du 3 février 2011, Commission/Belgique, C-391/10, point 8). | 0 |
2,908 | 54. The right of individuals to rely on that article, as interpreted by the Court, before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of that provision (see, to that effect, Case 72/85 Commission v Netherlands [1986] ECR 1219, paragraph 20; Case 168/85 Commission v Italy , paragraph 11; and Joined Cases C‑46/93 and C‑48/93 Brasserie du pêcheur and Factortame [1996] ECR I‑1029, paragraph 20). | 20 AT THE HEARING THE NETHERLANDS GOVERNMENT POINTED OUT THAT , BY REASON OF THEIR STATUS AS A REGULATION AND BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , THE STAFF REGULATIONS ARE DIRECTLY APPLICABLE IN ALL THE MEMBER STATES . THAT FACT DOES NOT , HOWEVER , RELEASE THE KINGDOM OF THE NETHERLANDS FROM ITS DUTY TO FULFIL THE OBLIGATION PLACED UPON IT BY THE PROVISION IN QUESTION , SINCE THE RIGHT OF INDIVIDUALS TO RELY UPON THE STAFF REGULATIONS BEFORE THEIR NATIONAL COURTS REPRESENTS ONLY A MINIMUM GUARANTEE AND IS NOT SUFFICIENT IN ITSELF TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF THAT PROVISION , WHICH IS INTENDED TO FACILITATE CO-ORDINATION OF NATIONAL SCHEMES WITH THE COMMUNITY PENSION SCHEME .
| 1 |
2,909 | 18. According to settled case-law, Article 56(1) EC lays down a general prohibition on restrictions on the movement of capital between Member States (Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 37; Case C‑43/07 Arens‑Sikken [2008] ECR I‑6887, paragraph 28; and Case C‑67/08 Block [2009] ECR I‑883, paragraph 18). | 402. Nor can a breach of the principle non bis in idem be established, if it was based on the fact that the conduct in question has already been taken into account as an aggravating circumstance. | 0 |
2,910 | 53
In this context, the Court has taken the view that, while the choice between prior control by an independent body and a scheme allowing manufacturers in the Member State of export to hallmark the goods in question themselves is within the discretion of each Member State, a Member State whose legislation requires the hallmark to be affixed by an independent body cannot prevent the marketing in its territory of articles of precious metals imported from other Member States where those articles have in fact been hallmarked by an independent body in the Member State of export. The Court has also stated that the guarantees of independence provided by the body of the Member State of export need not necessarily coincide with those laid down in the national legislation of the Member State of import (see, to that effect, judgments of 15 September 1994, Houtwipper, C‑293/93, EU:C:1994:330, paragraphs 20, 22, 23 and 27, and of 16 January 2014, Juvelta, C‑481/12, EU:C:2014:11, paragraphs 36 and 37). | 22 In the absence of Community rules, the Member States have a wide discretion, and it is for them to choose the appropriate measures to deal with that risk. The choice between prior control by an independent body and a scheme such as that in the Federal Republic of Germany is a matter for the legislative policy of the Member States; the Court will review that choice only where there has been a manifest error of assessment. That has not occurred in this case, as the Advocate General has shown in points 27 and 28 of his Opinion. | 1 |
2,911 | 18. Thus, if the revenue from such a charge is intended to finance activities for the special advantage of the national products processed or marketed on the national market, it may follow that the charge imposed on the basis of the same criteria nevertheless constitutes discriminatory taxation in so far as the fiscal burden on products processed or marketed on the national market is neutralised by the advantages which the charge is used to finance whilst the charge on the products exported in an unprocessed state constitutes a net burden ( Nygård , paragraph 22). | 33 That submission must be rejected . Article 1 of the contested decision states that the interest subsidy is of 4.75 percentage points and that it relates to a loan of FF 40 million . The addressee of the decision is therefore able to determine without overmuch difficulty the amount which must be recovered under the decision . | 0 |
2,912 | 18 It is true, as the Court held in paragraph 36 of its judgment in Case C-200/97 Ecotrade v Altiforni e Ferriere di Servola [1998] ECR I-7907 in relation to the Italian special administration procedure for large companies in difficulties, that the possible loss of tax revenue for the State as a result of the application to an undertaking of legislation on court-supervised recovery schemes and insolvency does not in itself justify treating that legislation as aid. Such a consequence is an inherent feature of any statutory system laying down a framework for relations between an insolvent undertaking and the general body of its creditors, and the existence of an additional financial burden borne directly or indirectly by the public authorities as a means of granting a particular advantage to the undertakings concerned may not automatically be inferred from it (see, to that effect, Joined Cases C-72/91 and C-73/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraph 21). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
2,913 | 48. In the present case, application of the national legislation at issue in the main proceedings to a migrant worker in the same way as to a non-migrant worker gives rise to unforeseen consequences, hardly compatible with the aim of Article 39 EC and attributable to the very fact that the migrant worker’s entitlement to invalidity benefits are governed by two different bodies of legislation, as is apparent from paragraphs 28 to 33 of this judgment (see, by analogy, van Munster , paragraph 30). | 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 |
2,914 | 48. The framework agreement, in particular clause 4, aims to apply that principle to fixed-term workers in order to prevent an employer using such an employment relationship to deny those workers rights which are recognised for permanent workers ( Del Cerro Alonso , paragraph 37). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
2,915 | 54. As regards the question whether those articles create individual rights capable of being invoked by the service provider as grounds of defence in the context of a civil action for defamation, it should be noted that, with regard to proceedings between individuals, such as those at issue in the main proceedings, the Court has consistently held that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual (see, inter alia, the judgments in Marshall , 152/84, EU:C:1986:84, paragraph 48, and Faccini Dori , C‑91/92, EU:C:1994:292, paragraph 20), without prejudice, however, to possible actions for damages capable of being brought against the State for harm caused as a result of infringements of EU law by that State (see, inter alia, the judgment in Francovich and Others , C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 35). | 38. It is clear that Deutsche Telekom is a third party in relation to the dispute before the referring court and is capable only of suffering adverse repercussions because it levied the connection charge at issue in the main proceedings and because, if that charge were removed, it would have to increase its own subscribers’ rates. Such a removal of benefits cannot be regarded as an obligation falling on a third party pursuant to the directives relied on before the referring court by the appellants in the main proceedings. | 0 |
2,916 | 41. The Court has furthermore made clear that for the purposes of applying the rules on competition the formal separation between two parties resulting from their separate legal personality is not conclusive, the decisive test being the unity of their conduct on the market (see, to that effect, Case 48/69 ICI v Commission [1972] ECR 619, paragraph 140). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
2,917 | 41. By contrast, it does not expressly follow from the wording of Regulation No 261/2004 that passengers whose flights are delayed have such a right. Nevertheless, as the Court has made clear in its case-law, it is necessary, in interpreting a provision of Community law, to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50, and Case C-306/05 SGAE [2006] ECR I-11519, paragraph 34). | 57 Furthermore, the existence of a proper exchange of views, at an appropriate time in the procedure for examining tenders, between the contracting authority and the tenderer constitutes a fundamental requirement of the Directive, in order to prevent the contracting authority from acting in an arbitrary manner and to ensure healthy competition between undertakings. | 0 |
2,918 | 35. Also, it is clear from settled case-law that the need for a uniform interpretation of the provisions of Community law means that, in cases of doubt, the text of a provision should not be considered in isolation in one of its versions, but requires, on the contrary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case C-321/96 Mecklenburg [1998] ECR I‑3809, paragraph 29, and Case C-311/06 Consiglio Nazionale degli Ingegneri [2009] ECR I‑0000, paragraph 53). The expression ‘ particularités topographiques ’ in the French version of Regulation No 1782/2003 must therefore be compared, for example, with the expression ‘landscape features’ in the English version of that regulation. | 32. However, it is apparent from the order for reference that the discrimination at issue in the main proceedings is not based on any of the grounds thus listed in those directives, but operates instead on the basis of the socio-professional category, within the meaning of national legislation, to which the persons concerned belong, or their place of work. | 0 |
2,919 | 105. Accordingly the fact that the Commission has, in the past, imposed fines set at a specific level for certain categories of infringements cannot prevent it from setting fines at a higher level, if raising of penalties is deemed necessary in order to ensure the implementation of European Union competition policy, that policy continuing to be defined solely by Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 EC (OJ 2003 L 1, p. 1) (see, to that effect, Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 227). | 63. Accordingly, it is clear from the actual wording of paragraphs 1 and 7 of Article 3 of Directive 96/71 that the allowances concerned are not to be considered part of the minimum wage within the meaning of Article 3 of the directive.
Holiday pay | 0 |
2,920 | 37. It follows from the foregoing that the measures which can be adopted on the basis of Article 57 of the 2003 Act of Accession are limited, in principle, to adaptations intended to render earlier Community measures applicable in the new Member States, to the exclusion of all other amendments (see, by way of analogy, in respect of the identical provision contained in the 1994 Act of Accession, Parliament v Council , paragraphs 14 and 19), and, particularly, to the exclusion of temporary derogations. | 38. Il s’ensuit que le principe d’effectivité s’oppose à une législation nationale qui réduit, avec effet rétroactif et sans régime transitoire, le délai dans lequel pouvait être demandé le remboursement de sommes versées en violation du droit de l’Union (voir en ce sens arrêt Marks & Spencer, précité, point 47). | 0 |
2,921 | 45. In those circumstances, a taxable person can be refused the benefit of the right to deduct only on the basis of the case-law resulting from paragraphs 56 to 61 of Kittel and Recolta Recycling , according to which it must be established, on the basis of objective factors, that the taxable person to whom were supplied the goods or services which served as the basis on which to substantiate the right to deduct, knew, or ought to have known, that that transaction was connected with fraud previously committed by the supplier or another trader at an earlier stage in the transaction. | 21
However, the conditions which a measure must meet in order to be treated as ‘aid’ for the purposes of Article 107 TFEU are not met if the recipient undertaking could, in circumstances which correspond to normal market conditions, have obtained the same advantage as that which has been made available to it through State resources (judgment of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 70 and the case-law cited). | 0 |
2,922 | null | 4. Selon l’article 3, paragraphe 1, dudit règlement, les aides individuelles, accordées en dehors de tout régime, qui remplissent toutes les conditions de ce même règlement sont compatibles avec le marché commun au sens de l’article 107, paragraphe 3, TFUE et sont exemptées de l’obligation de notification prévue à l’article 108, paragraphe 3, TFUE. | 0 |
2,923 | 53. According to the case-law of the Court, although the Member States enjoy institutional autonomy as regards the organisation and the structuring of their NRAs within the meaning of Article 2(g) of the Framework Directive, that autonomy may be exercised only in full compliance with the objectives and obligations laid down in that directive (see judgments in Comisión del Mercado de las Telecomunicaciones , C‑82/07, EU:C:2008:143, paragraph 24, and in Base and Others , C‑389/08, EU:C:2010:584, paragraph 26). | 37. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21; see, also, PreussenElektra , paragraph 39, and Case C‑318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I-905, paragraph 42). | 0 |
2,924 | 20. The Oberster Gerichtshof is, however, unsure whether, taking account of the relevant case-law of the Court (see Case 144/86 Gubisch Maschinenfabrik [1987] ECR 4861, paragraphs 16 to 18, and Case C-406/92 The Tatry [1994] ECR I-5439, paragraphs 30 to 34), there any grounds for holding that the requirements for lis pendens have been met in this case. | S’agissant, en premier lieu, de la première branche du premier moyen en ce qu’elle est tirée d’une violation de l’article 7, paragraphe 6, du règlement n° 659/1999, il ressort sans équivoque du libellé de cette disposition que celle-ci ne s’applique que dans le cas d’une aide notifiée (arrêt du 13 juin 2013, HGA e.a./Commission, C‑630/11 P à C‑633/11 P, EU:C:2013:387, point 74). | 0 |
2,925 | 21. In order to determine, more specifically, whether or to what extent a Member State may provide for restrictions in that regard, it should be borne in mind, first of all, that Article 78 of the Customs Code introduces a procedure enabling the customs authorities, if necessary on their own initiative, to make a post-clearance amendment to the customs declaration, that is to say, after release of the goods covered by that declaration (see, to that effect, judgments in Overland Footwear , C‑468/03, EU:C:2005:624, paragraphs 62, 64 and 66, and Greencarrier Freight Services Latvia , C‑571/12, EU:C:2014:102, paragraph 28). | 27. Consequently, in the light of the facts set out by the referring court, Mrs Hollmann cannot rely on Articles 18 EC, 39 EC and 43 EC in the present case (see, to that effect, Case C‑345/05 Commission v Portugal [2006] ECR I‑10633, paragraph 15 and the case‑law cited). | 0 |
2,926 | 60 It is in accordance with those provisions, which require the measures adopted to be notified without delay to the other Member States and to the Commission and close collaboration between the Member States and the Commission, that a Member State must act when faced with a situation endangering the health of its population (on the obligations of immediate notification and genuine cooperation when protective measures are adopted, see by analogy, in respect of Directive 90/425, Case C-428/99 Van den Bor [2002] ECR I-127, paragraphs 45 to 48). | 90
It is settled case-law of the Court that the need for a uniform interpretation of a provision of EU law means that, where there is divergence between the various language versions of the provision, the latter must be interpreted by reference to the context and purpose of the rules of which it forms part (judgment in Nike European Operations Netherlands, C‑310/14, EU:C:2015:690, paragraph 17). | 0 |
2,927 | 31. According to settled case-law, a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations and time-limits laid down by a directive (see, inter alia, Case C-114/02 Commission v France [2003] ECR I-3783, paragraph 11, and Case C-358/03 Commission v Austria [2004] ECR I-12055, paragraph 13). | 34. Selon la jurisprudence de la Cour, la preuve que l’usage de la marque postérieure porte ou porterait préjudice au caractère distinctif de la marque antérieure suppose que soient démontrés une modification du comportement économique du consommateur moyen des produits ou des services pour lesquels la marque antérieure est enregistrée consécutive à l’usage de la marque postérieure ou un risque sérieux qu’une telle modification se produise dans le futur (arrêt Intel Corporation, précité, points 77 et 81 ainsi que point 6 du dispositif). | 0 |
2,928 | 43. In considering that complaint, it must be borne in mind that each of the grounds for refusal to register listed in Article 7(1) of Regulation No 40/94 must be interpreted in the light of the public interest underlying them ( Henkel v OHIM , paragraph 45, and Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I‑551, paragraph 59). The interest underlying Article 7(1)(e)(ii) of Regulation No 40/94 is to prevent trade mark law granting an undertaking a monopoly on technical solutions or functional characteristics of a product (see by analogy, with regard to the second indent of Article 3(1)(e) of Directive 89/104, Philips , paragraph 78, and Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I‑3161, paragraph 72). | 44. In particular, the principle of legal certainly requires that Community rules enable those concerned to know precisely the extent of the obligations which are imposed on them. Individuals must be able to ascertain unequivocally what their rights and obligations are and take steps accordingly (see Case C-158/06 ROM-projecten [2007] ECR I‑5103, paragraph 25 and the case-law cited). | 0 |
2,929 | 37. Thus, the Court has already held that the Community may use Article 308 EC as the basis for creating new intellectual property rights in addition to national rights (see Opinion 1/94 [1994] ECR I-5267, paragraph 59; Spain v Council , paragraphs 23 and 27; and Netherlands v Parliament and Council , paragraph 24). Recourse to Article 308 EC as a legal basis is, by contrast, excluded where the Community act in question does not provide for the introduction of a new protective right at Community level, but merely harmonises the rules laid down in the laws of the Member States for granting and protecting that right ( Netherlands v Parliament and Council , paragraph 25). | 25 The patents to be issued under the Directive are national patents, issued in accordance with the procedures applicable in the Member States and deriving their protective force from national law. As the creation of a Community patent is neither the purpose nor the effect of the Directive, it does not introduce a new right which would require recourse to the legal basis afforded by Article 235 of the Treaty. That view is not affected by the fact that the inventions covered were not previously patentable in certain Member States - that, indeed, is precisely why harmonisation was warranted - nor by the fact that the Directive makes certain clarifications and provides for derogations from patent law as regards the scope of the protection. | 1 |
2,930 | 75. It should, however, be borne in mind that fundamental rights, such as respect for the rights of the defence, do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed. Objectives which may justify such restrictions include the protection of public health (see, to that effect, Case C-62/90 Commission v Germany [1992] ECR I-2575, paragraph 23, and Case C‑44/94 Fishermen’s Organisations and Others [1995] ECR I-3115, paragraph 55). | 55 With regard to the alleged breach of those principles, it is settled case-law that both the right to property and the freedom to pursue a trade or profession form part of the general principles of Community law. However, those principles are not absolute, but must be viewed in relation to their social function. Consequently, the exercise of the right to property and the freedom to pursue a trade or profession may be restricted, particularly in the context of a common organization of a market, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute in relation to the aim pursued a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (see the judgment in Case C-280/93 Germany v Council, cited above, paragraph 78). | 1 |
2,931 | 30. It is significant in that connection that the directive also embodies the rule that a worker must normally be entitled to actual rest, with a view to ensuring effective protection of his health and safety, since it is only where the employment relationship is terminated that Article 7(2) permits an allowance to be paid in lieu of paid annual leave ( BECTU , paragraph 44). | 35. Likewise, having found that Community legislation required the Commission, when adopting the contested measure, to take account of the special position of products in transit to the Community, the Court pointed out, in paragraph 11 of the judgment in Sofrimport v Commission , that only certain importers of Chilean apples were in that position, with the result that they constituted a restricted group which was sufficiently well defined in relation to any other importer of such apples and could not be extended after the suspensory measures in issue took effect. | 0 |
2,932 | 97 It must next be borne in mind that it is not necessary, in order for the conditions for the application of Article 90(2) of the Treaty to be fulfilled, that the financial balance or economic viability of the undertaking entrusted with the operation of a service of general economic interest should be threatened. It is sufficient that, in the absence of the rights at issue, it would not be possible for the undertaking to perform the particular tasks entrusted to it, defined by reference to the obligations and constraints to which it is subject (Commission v Netherlands, cited above, paragraph 52) or that maintenance of those rights is necessary to enable the holder of them to perform tasks of general economic interest which have been assigned to it under economically acceptable conditions (Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 to 16, and Commission v Netherlands, cited above, paragraph 53). | 21 Where, as in this case, the work is performed in more than one Contracting State, it is important to interpret the Convention so as to avoid any multiplication of courts having jurisdiction, thereby precluding the risk of irreconcilable decisions and facilitating the recognition and enforcement of judgments in States other than those in which they were delivered (Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraph 18). | 0 |
2,933 | 19 This exclusion of recourse to Article 36 cannot be affected by the fact that, in the present case, the Directive does not lay down any Community procedure for monitoring compliance nor any penalties in the event of breach of its provisions. The fact that the Directive lays down no monitoring procedure or penalties simply means that the Member States are obliged, in accordance with the first paragraph of Article 5 and the third paragraph of Article 189 of the Treaty, to take all measures necessary to guarantee the application and effectiveness of Community law (see, in particular, the judgment in Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 23). In this regard, the Member States must rely on trust in each other to carry out inspections on their respective territories (see also the judgment in Case 46/76 Bauhuis v Netherlands [1977] ECR 5, paragraph 22). | 23 It should be observed that where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law . | 1 |
2,934 | 37 In view of the above considerations, it does not appear that the obligation to make declarations imposed by the Regulation goes beyond what is necessary to achieve the objective pursued, especially since, as the Court has frequently stated, the Community legislature enjoys a discretion in the framework of its powers of harmonization (see inter alia the Meyhui judgment, paragraph 21). | 19 FROM THE PROVISIONS SET FORTH ABOVE IT MAY BE CONCLUDED THAT THE DEDUCTION SYSTEM IS MEANT TO RELIEVE THE TRADER ENTIRELY OF THE BURDEN OF THE VAT PAYABLE OR PAID IN THE COURSE OF ALL HIS ECONOMIC ACTIVITIES . THE COMMON SYSTEM OF VALUE-ADDED TAX THEREFORE ENSURES THAT ALL ECONOMIC ACTIVITIES , WHATEVER THEIR PURPOSE OR RESULTS , PROVIDED THAT THEY ARE THEMSELVES SUBJECT TO VAT , ARE TAXED IN A WHOLLY NEUTRAL WAY .
| 0 |
2,935 | 15. It is only during the phase in which rights are acquired on an incremental basis in accordance with the length of the paid legal employment as set out in the three indents of Article 6(1) of Decision No 1/80 and, therefore, only for the purpose of calculating the various periods of employment necessary for that purpose, that Article 6(2) lays down the effects on those periods of the various causes of interruption of employment (see, to that effect, Case C-434/93 Bozkurt [1995] ECR I‑1475, paragraph 38; Tetik , paragraphs 36 to 39; and Nazli , paragraph 40). | 40 In particular, while legal employment for an uninterrupted period of one, three or four years respectively is in principle required in order for the rights provided for in the three indents of Article 6(1) to be established, the third indent of that provision implies the right for the worker concerned, who is already duly integrated into the labour force of the host Member State, to take a temporary break from work. Such a worker thus continues to be duly registered as belonging to the labour force of that State provided that he actually finds another job within a reasonable period, and therefore enjoys a right to reside there during that period. | 1 |
2,936 | 38. In that regard, it must be noted, first, that the infringement of obligations whose observance is of fundamental importance to the proper functioning of a Community system, such as the obligations resulting from Directive 92/50 concerning the implementation of projects financed by the ERDF, may be penalised by forfeiture of a right conferred by European Union legislation (see, to that effect, Case C‑104/94 Cereol Italia [1995] ECR I‑2983, paragraph 25; Case C‑500/99 P Conserve Italia v Commission [2002] ECR I‑867, paragraphs 100 to 102; and order of 16 December 2004 in Case C‑222/03 P AIPO v Commission , paragraph 53). | 39
It follows from such an interpretation that a potentially less favourable treatment of dividends distributed to non-resident pension funds during one tax year cannot be compensated by their potentially favourable treatment during other tax years. | 0 |
2,937 | 84
An applicant’s interest in bringing proceedings must be vested and current, and may not concern a future and hypothetical situation. That interest must, in the light of the purpose of the action, exist at the stage of lodging the action, failing which the action will be inadmissible, and continue until the final decision, failing which there will be no need to adjudicate (judgment of 17 September 2015, Mory and Others v Commission, C‑33/14 P, EU:C:2015:609, paragraphs 56 and 57 and the case-law cited). | 35 In its judgment of 10 February 1983 referred to above, the Court deduced from this rule, first, a duty incumbent on the Parliament, in exercising its power to determine its own internal organization, to have regard to the powers of the governments of the Member States to establish the seat of the institutions and to the decisions taken provisionally in the mean time, and secondly, the duty of the Member States, in taking these decisions, to respect the aforesaid power of the Parliament and to ensure that such decisions did not stand in the way of the proper functioning of that institution . | 0 |
2,938 | 29. In this respect, double taxation conventions such as those envisaged in Article 293 EC are designed to eliminate or mitigate the negative effects on the functioning of the internal market resulting from the coexistence of national tax systems referred to in the preceding paragraph ( Kerckhaert and Morres , paragraph 21, and Columbus Container Services , paragraph 43). | 49. It is not in dispute that, in the present case, the pleas in defence in respect of the substance of the case which were put forward for the first time in the rejoinder had been submitted in essence in the Grand Duchy of Luxembourg’s reply to the reasoned opinion. Following that reply, the Commission brought its action omitting four of the complaints set out in the reasoned opinion and maintaining the other four. In its defence, the Grand Duchy of Luxembourg did not express a view on whether the Commission’s action was well-founded or contend that the action should be dismissed as unfounded, limiting its defence to inadmissibility of the action. | 0 |
2,939 | 87
In that context, it must, however, be noted that, when they set out detailed procedural rules for legal actions intended to ensure the protection of rights conferred by Directive 2000/60, the Member States must ensure compliance with the right to an effective remedy and to a fair hearing, enshrined in Article 47 of the Charter, which constitutes a reaffirmation of the principle of effective judicial protection (see, to that effect, inter alia, judgment of 27 September 2017, Puškár, C‑73/16, EU:C:2017:725, paragraph 59 and the case-law cited). | 27 The German Government further explains that there is a social demand for minor employment, that it considers that it should respond to that demand in the context of its social policy by fostering the existence and supply of such employment and that the only means of doing this within the structural framework of the German social security scheme is to exclude minor employment from compulsory insurance. | 0 |
2,940 | 85. In addition, it must be pointed out that, according to that case-law, and in accordance with paragraphs 39 and 40 of the present judgment, when the conditions to be fulfilled so that individuals may rely on the provisions of a directive before the national courts are met, all Member State authorities, including decentralised authorities such as the Länder , cities and towns or municipalities, as the case may be, in their capacity as public employers, are obliged by that fact alone to apply those provisions (see, to that effect, Costanzo , paragraphs 30 to 33, and Fuß , paragraphs 61 and 63). | 22. Quant à l’existence de restrictions aux mouvements de capitaux au sens de l’article 63, paragraphe 1, TFUE, il convient de rappeler que les mesures interdites par cette disposition comprennent celles qui sont de nature à dissuader les non-résidents de faire des investissements dans un État membre ou à dissuader les résidents dudit État membre d’en faire dans d’autres États (voir arrêts du 25 janvier 2007, Festersen, C‑370/05, Rec. p. I‑1129, point 24; du 18 décembre 2007, A, C‑101/05, Rec. p. I‑11531, point 40; du 22 janvier 2009, STEKO Industriemontage, C‑377/07, Rec. p. I‑299, point 23, ainsi que Busley et Cibrian Fernandez, précité, point 20). | 0 |
2,941 | 59. Dès lors que l’article 91, paragraphe 12, du règlement n° 1623/2000 ne reflète pas un changement d’appréciation du législateur de l’Union quant au caractère adéquat du régime de sanction qui avait été spécifiquement défini à l’article 5 du règlement n° 360/95 en lien avec la vente de deux lots déterminés d’alcool, le principe d’application rétroactive de la sanction la moins sévère, tel qu’énoncé à l’article 2, paragraphe 2, du règlement n° 2988/95, ne saurait être utilement invoqué (voir, en ce sens, arrêt Jager, précité, point 70). | 22 Only the proper transposition of the directive will bring that state of uncertainty to an end and it is only upon that transposition that the legal certainty which must exist if individuals are to be required to assert their rights is created. | 0 |
2,942 | 28. The mechanism established under those transitional arrangements consists of (i) exemption by the Member State of departure of the supply giving rise to the intra-Community dispatch or transport, in conjunction with the right to deduction or reimbursement of the VAT paid as input tax in that Member State, and (ii) taxation, by the Member State of destination, of the intra-Community acquisition. That mechanism thus makes it possible to delimit clearly the authority to tax of the Member States concerned (see, to that effect, R , paragraph 38) and enables double taxation and, therefore, infringement of the principle of fiscal neutrality inherent in the common system of VAT to be avoided (see, inter alia, Case C-409/04 Teleos and Others [2007] ECR I-7797, paragraph 25, and Case C-146/05 Collée [2007] ECR I-7861, paragraph 23). | 23 In the main proceedings here, in contrast to the position in Mosbæk, where the insolvent employer did not have any establishment in the territory of the Member State in which the employee was working, the employer concerned was established within the territory of the United Kingdom, since it had a branch in Avonmouth employing more than 200 persons, including the applicants in the main proceedings. In such a case, the institution which must settle any outstanding claims is that of the Member State within whose territory the branch is established. | 0 |
2,943 | 23. Since questions concerning EU law enjoy a presumption of relevance, the Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:75, paragraph 25 and The Chartered Institute of Patent Attorneys , C‑307/10, EU:C:2012:361, paragraph 32). | 70. It is appropriate therefore to examine whether the difference in treatment between those two categories of taxpayer may be justified by an overriding reason in the public interest, in particular the need to preserve the coherence of the tax system. | 0 |
2,944 | 32. It must be pointed out in this regard that it follows from settled case-law that the purpose of Directive 2003/88 is to lay down minimum requirements intended to improve the living and working conditions of workers through approximation of national rules concerning, in particular, the duration of working time. That harmonisation at European Union level in relation to the organisation of working time is intended to guarantee better 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 and by providing for a ceiling on the average duration of the working week (see, inter alia, Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraph 76; Case C‑14/04 Dellas and Others [2005] ECR I‑10253, paragraphs 40 and 41; and Case C‑484/04 Commission v United Kingdom [2006] ECR I‑7471, paragraphs 35 and 36). | Selon une jurisprudence constante de la Cour, les successions, qui consistent en une transmission à une ou plusieurs personnes du patrimoine laissé par une personne décédée, constituent des mouvements de capitaux au sens de l’article 63 TFUE, à l’exception des cas où leurs éléments constitutifs se cantonnent à l’intérieur d’un seul État membre (arrêts du 10 février 2011, Missionswerk Werner Heukelbach, C‑25/10, EU:C:2011:65, point 16, et du 26 mai 2016, Commission/Grèce, C‑244/15, EU:C:2016:359, point 25 ainsi que jurisprudence citée). | 0 |
2,945 | 34 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox. | 26. With respect to the rights conferred by Directive 90/434, it must be recalled that the common system of taxation laid down by that directive, which comprehends various tax advantages, applies without distinction to all mergers, divisions, transfers of assets and exchanges of shares, irrespective of the reasons, whether financial, economic or simply fiscal, for those operations (see Leur-Bloem , paragraph 36, and Modehuis A. Zwijnenburg , paragraph 41). | 0 |
2,946 | 58 Moreover, it is settled case-law that the beneficiary of aid may challenge a demand for recovery only if he acted in good faith when applying for it (see, to that effect, Oelmühle and Schmidt Söhne, paragraph 29). In that regard, it is for the national court to consider:
- whether the ÖPUL directive was sufficiently clear in prohibiting the use of the plant protection products mentioned in paragraph 20 of the present judgment, taking into account the observations set out by the Advocate General at point 127 of his Opinion;
- whether specific obligations relating to the use of plant protection products were clearly evident from the aid application form or the notices annexed to it, taking into account the observations set out by the Advocate General at point 121 of his Opinion;
- whether the ÖPUL directive had been incorporated, in whole or in part, in the aid contract;
- whether the draft of the ÖPUL directive or its final text had in fact been made known to Mr Huber;
- or, if this was not the case, whether Mr Huber had been negligent, as a farmer exercising ordinary care would not have been, in not seeking to obtain precise knowledge of the content of the ÖPUL directive by travelling to the Federal Ministry of Agriculture and Forestry in Vienna in order to consult the text of the directive and, specifically, whether the need for such an on-the-spot consultation in order to learn the full extent of their obligations did not place an excessive burden on the farmers concerned. | 26 Periods of employment after a residence permit has been obtained only by means of fraudulent conduct which has led to a conviction cannot be regarded as legal for the purposes of application of Article 6(1) of Decision No 1/80, since the Turkish national did not fulfil the conditions for the grant of such a permit which was, accordingly, liable to be rescinded when the fraud was discovered. | 0 |
2,947 | 46. It is for the referring court to ascertain in the circumstances of each particular case, and bearing in mind the consumers to which such advertising is addressed, whether the latter may be misleading (see Lidl Belgium , paragraph 77 and the case‑law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
2,948 | 22. On the facts as described by the national court, however, it appears likely that, as the Austrian Government and the Commission submit, the carriage of goods in question may be governed by the AETR Agreement. To that extent, the Court can provide an interpretation of Community law which may assist the national court in deciding the case in the main proceedings and it may therefore deem it necessary to consider provisions of Community law to which the national court has not referred in the text of its question (see, in particular, Case C-304/00 Shawson and Gagg & Sons [2002] ECR I-10737, paragraphs 57 and 58). | 30 Consequently, the answer to the first question must be that payment facilities in respect of social security contributions granted in a discretionary manner to an undertaking by the body responsible for collecting such contributions constitute State aid for the purposes of Article 92(1) of the Treaty if, having regard to the size of the economic advantage so conferred, the undertaking would manifestly have been unable to obtain comparable facilities from a private creditor in the same situation vis-à-vis that undertaking as the collecting body. | 0 |
2,949 | 30. In order to provide the referring court with a comprehensive answer, it should also be recalled that it has been consistently held that a directive cannot of itself impose obligations on an individual and that a provision of a directive cannot therefore be relied on as such against that individual (see Joined Cases C‑74/95 and C‑129/95 X [1996] ECR I‑6609, paragraphs 23 to 25, and Joined Cases C‑387/02, C-391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 73 and 74). | 10 CONSEQUENTLY , IN THIS INSTANCE , IF MRS SALZANO HAD IN FACT BEEN ENTITLED TO THEM , THE FAMILY ALLOWANCES WOULD HAVE BEEN PAID TO HER , PROVIDED ALWAYS THAT A PRIOR REQUEST HAD BEEN MADE . IN THE ABSENCE OF SUCH A REQUEST MRS SALZANO WAS NOT ENTITLED UNDER ITALIAN LEGISLATION TO PAYMENT OF THE FAMILY ALLOWANCES DURING THE PERIOD IN QUESTION . IT FOLLOWS THAT THE FAMILY ALLOWANCES WERE NOT ' ' ALSO PAYABLE ' ' FOR THE PURPOSES OF ARTICLE 76 OF THE AFORESAID REGULATION .
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2,950 | 25 However, as the Court emphasized in its judgment in Case C-275/91 Iacobelli v INAMI [1993] ECR I-523, paragraph 13, the provisions of Article 36 of Regulation No 574/72 are of a procedural nature. They were laid down with the aim of simplifying administration in order to exempt migrant workers having rights to assert in different Member States from the requirement to lodge with the institutions in each of those States an application for the grant of the benefits which they may claim (see, to that effect, Case 108/75 Balsamo v INAMI [1976] ECR 375, paragraph 9, and Case 41/77 Warry [1977] ECR 2085, paragraph 28). The obligation imposed on migrant workers by the first sentence of Article 36(1) to send their claims for benefits to the institution closest to them ° that of their place of residence ° reflects such concern for administrative simplification. | 28 THAT PROVISION WAS LAID DOWN WITH THE AIM OF SIMPLIFYING ADMINISTRATION IN ORDER TO EXEMPT MIGRANT WORKERS , WHO HAVE RIGHTS TO ASSERT IN DIFFERENT MEMBER STATES , FROM THE REQUIREMENT TO LODGE WITH THE INSTITUTIONS IN EACH OF THOSE STATES AN APPLICATION FOR THE GRANT OF THE BENEFITS WHICH THEY MAY CLAIM .
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2,951 | 33. It should be recalled in that context that, according to settled case-law, fundamental rights form an integral part of the general principles of law the observance of which the Court ensures, and that, for that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or to which they are signatories. The European Convention on Human Rights and Fundamental Freedoms has special significance in that respect (see, inter alia, Case C-260/89 ERT [1991] ECR I-2925, paragraph 41; Case C-274/99 P Connolly v Commission [2001] ECR I-1611, paragraph 37; Case C-94/00 Roquette Frères [2002] ECR I-9011, paragraph 25; Case C-112/00 Schmidberger [2003] ECR I-5659, paragraph 71). | 72. Il convient de rappeler, à titre liminaire, que la Cour est habilitée, dans l’exercice du pouvoir d’appréciation qui lui est conféré dans le domaine considéré, à imposer, de façon cumulative, une astreinte et une somme forfaitaire (arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 113). | 0 |
2,952 | 49. Consequently, in so far as it is the manner in which the Universal Service Directive is transposed into national legislation which is the subject-matter of the action for failure to fulfil obligations, it is appropriate to determine whether the wording of the legislation itself harbours the insufficiencies or defects of transposition (see, to that effect, Case C‑392/96 Commission v Ireland [1999] ECR I‑5901, paragraphs 59 and 60; judgment of 20 November 2008 in Case C‑66/06 Commission v Ireland , not published in the ECR, paragraph 59; and judgment of 12 February 2009 in Case C‑475/07 Commission v Poland , not published in the ECR, paragraph 54). | 17 LA COUR A DONNE A CETTE QUESTION UNE REPONSE NEGATIVE , EN CONSIDERANT QUE , SI DES AVANTAGES PARTICIPANT DE LA NATURE DE PRESTATIONS DE SECURITE SOCIALE NE SONT PAS , EN PRINCIPE , ETRANGERS A LA NOTION DE REMUNERATION AU SENS DE L ' ARTICLE 119 , ON NE SAURAIT CEPENDANT INCLURE DANS CETTE NOTION LES REGIMES OU PRESTATIONS DE SECURITE SOCIALE , NOTAMMENT LES PENSIONS DE RETRAITE , DIRECTEMENT REGLES PAR LA LOI , A L ' EXCLUSION DE TOUT ELEMENT DE CONCERTATION AU SEIN DE L ' ENTREPRISE OU DE LA BRANCHE PROFESSIONNELLE INTERESSEE , ET OBLIGATOIREMENT APPLICABLES A DES CATEGORIES GENERALES DE TRAVAILLEURS .
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2,953 | 52 That interpretation is, furthermore, confirmed by the objective of Decision No 1/80 which, according to the third recital in its preamble, seeks to improve, in the social field, the treatment accorded to workers and members of their families in relation to the arrangements introduced by Decision No 2/76 which the Council of Association set up by the Agreement establishing an Association between the European Economic Community and Turkey adopted on 20 December 1976. The provisions of Section 1 of Chapter II of Decision No 1/80, of which Article 6 forms part, thus constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the Treaty (see Bozkurt, paragraphs 14, 19 and 20, Tetik, paragraph 20, Günaydin, paragraphs 20 and 21, and Ertanir, paragraphs 20 and 21). | 54 There is therefore nothing to prevent the E 101 certificate from producing retroactive effects, according to the circumstances. | 0 |
2,954 | 17 In this connection, the Court has held, in Case C-43/95 Data Delecta and Forsberg v MSL Dynamics [1996] ECR I-4661, paragraph 15, and in Case C-323/95 Hayes v Kronenberger [1997] ECR I-1711, paragraph 17, that such a rule of domestic procedure falls within the scope of application of the Treaty within the meaning of the first paragraph of Article 6, where the main proceedings relate to the exercise of the fundamental freedoms guaranteed by Community law, such as, in those cases, proceedings to recover payment for the supply of goods. | 24. In such circumstances, to the extent that the second question seeks an interpretation of Articles 3 EC, 10 EC and 81 EC, it must be declared inadmissible. | 0 |
2,955 | 20 The Court has already stated, both in the judgment in Lafuente Nieto, cited above (paragraphs 41 and 42), and in the judgment in Naranjo Arjona and Others, cited above (paragraphs 23 and 24), that the new provisions which Regulation No 1248/92 introduced into heading D, paragraph 4, of Annex VI to Regulation No 1408/71 are consistent with that interpretation: they merely provide additional clarification of the detailed rules set out in that regulation under which the average contribution basis is to be determined with sole reference to insurance periods completed under the legislation concerned, whilst leaving the content of Article 47(1)(g) unaltered, and are intended only to ensure the compatibility thereof with the principles set out in Article 51 of the Treaty. | 16 Although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law and therefore avoid any overt or covert discrimination by reason of nationality (Case C-279/93 Finanzamt Koeln-Altstadt v Schumacker [1995] ECR I-225, paragraphs 21 and 26). | 0 |
2,956 | 46
In the event of failure to comply with the condition laid down in Article 6(1)(e) of Directive 95/46, Member States guarantee the person concerned, pursuant to Article 12(b) thereof, the right to obtain from the controller, as appropriate, the erasure or blocking of the data concerned (see, to that effect, judgment of 13 May 2014, Google Spain and Google, C‑131/12, EU:C:2014:317, paragraph 70). | 21. À cet égard, si le régime instauré à la DA 27 ne limite pas l’acquisition de participations stricto sensu, il a pour effet d’empêcher ou de restreindre l’exercice des droits de vote afférents aux actions détenues. | 0 |
2,957 | 51. It should be recalled that it follows from the second subparagraph of Article 256(1) TFEU and from the first paragraph of Article 58 of the Statute of the Court of Justice that the General Court has exclusive jurisdiction to find the facts, except where the substantive inaccuracy of its findings is apparent from the documents submitted to it, and to assess those facts (see judgment in Commission v Aalberts Industries and Others , C‑287/11 P, EU:C:2013:445, paragraph 47 and the case-law cited). That assessment thus does not, save where the clear sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice (see judgments in Lafarge v Commission , C‑413/08 P, EU:C:2010:346, paragraph 15, and Activision Blizzard Germany v Commission , C‑260/09 P, EU:C:2011:62, paragraph 51 and the case-law cited). | 44. It is clear from the wording and the objective of those directives that they each pursue complete harmonisation in their respective fields of application. It follows that, in the fields covered by those directives, the Member States must conform to them in their entirety and cannot maintain national provisions to the contrary. | 0 |
2,958 | 69. A preliminary point to be noted is that, according to settled case-law, in order to be defined as a body governed by public law within the meaning of the second paragraph of Article 1(b) of the Directive an entity must satisfy the three cumulative conditions set out therein, requiring it to be a body established for the specific purpose of meeting needs in the general interest not having an industrial or commercial character, to possess legal personality and to be closely dependent on the State, regional or local authorities or other bodies governed by public law (Mannesmann Anlagenbau Austria and Others , paragraphs 20 and 21, and Case C-214/00 Commission v Spain [2003] ECR I-4667, paragraph 52). | 63 In the same judgment the Court held (in paragraph 30) that the principle of collegiate responsibility so laid down was based on the equal participation of the Commissioners in the adoption of decisions, from which it followed in particular that decisions should be the subject of collective deliberation and that all the members of the college of Commissioners should bear collective responsibility at political level for all decisions adopted. | 0 |
2,959 | 43. According to the Court’s case-law, contracting authorities which have issued an invitation to tender for the supply of medical devices bearing the CE marking cannot reject, on grounds of protection of public health, the tender in respect of such products, directly and without following the safeguard procedure provided for in Articles 8 and 18 of Directive 93/42. If a contracting authority considers that the tender in respect of medical devices bearing the CE marking may compromise public health, it is required to inform the competent authority with a view to setting that safeguard procedure in motion (Case C-6/05 Medipac-Kazantzidis [2007] ECR I-4557, paragraph 55). | 56. Similarly, to accept that an intra-group cross-border transfer, such as that at issue in the main proceedings, may be deducted from the taxable income of the transferor would result in allowing groups of companies to choose freely the Member State in which the profits of the subsidiary are to be taxed, by removing them from the basis of assessment of the latter and, where that transfer is regarded as taxable income in the Member State of the parent company transferee, incorporating them in the basis of assessment of the parent company. That would undermine the system of the allocation of the power to tax between Member States because, according to the choice made by the group of companies, the Member State of the subsidiary would be forced to renounce its right, in its capacity as the State of residence of that subsidiary, to tax the profits of that subsidiary in favour, possibly, of the Member State in which the parent company has its establishment (see also Test Claimants in Class IV of the ACT Group Litigation , paragraph 59). | 0 |
2,960 | 50. Article 226 of Directive 2006/112 states that, without prejudice to the particular provisions of that directive, only the details listed in that article must mandatorily appear, for VAT purposes, on invoices issued pursuant to Article 220 of that directive (see Pannon Gép Centrum , paragraph 40, and Polski Trawertyn , paragraph 41). | 40. Article 226 of Directive 2006/112 states that, without prejudice to the particular provisions of that directive, only the details listed in that article must obligatorily appear, for VAT purposes, on invoices issued pursuant to Article 220 of that directive. | 1 |
2,961 | 38. In that regard, it should be noted that, in so far as it follows from paragraph 36 of the present judgment that an agreement such as Addendum No 83 does not come within the scope of Article 101(1) TFEU, the public authorities are free to make it compulsory for persons who are not formally bound by it (see, by way of analogy, Albany , paragraph 66; Brentjens’ , paragraph 66; and Drijvende Bokken , paragraph 56). | 66 In that connection, the request made to the public authorities by the organisations representing employers and workers to make affiliation to the sectoral pension fund set up by them compulsory is part of a regime established under a number of national laws, designed to exercise regulatory authority in the social sphere. Since the agreement at issue in the main proceedings does not fall within the scope of Article 85(1) of the Treaty, as is clear from the answer given to the first question, the Member States are free to make it compulsory for persons who are not bound as parties to the agreement. | 1 |
2,962 | 59. It also follows that, contrary to the United Kingdom’s submissions, the regulation does not have the incidental effect of harmonising the conditions of the internal market (see on this point Case C‑209/97 Commission v Council [1999] ECR I‑8067, paragraph 35), but is intended to approximate the laws, regulations and administrative provisions of the Member States in the field of smoke flavourings. | 32. Lastly, it should be borne in mind that Regulation No 1408/71 applies not only to family benefits, but also to other benefit categories, including, for example, old-age benefits. | 0 |
2,963 | 26. As a preliminary point, it must be recalled that, according to the settled case-law of the Court, developed, first, in relation to Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) and, subsequently, Article 7 of Directive 2003/88, the entitlement of every worker to paid annual leave must be regarded as a particularly important principle of European Union social law, affirmed by Article 31(2) of the Charter, which the first subparagraph of Article 6(1) TEU recognises as having the same legal value as the Treaties (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 43; Case C‑124/05 Federatie Nederlandse Vakbeweging [2006] ECR I‑3423, paragraph 28; Schultz‑Hoff and Others , paragraph 22; Case C‑155/10 Williams and Others [2011] ECR I‑8409, paragraphs 17 and 18; KHS , paragraph 37; Neidel , paragraph 40; ANGED , paragraph 17; and Joined Cases C‑229/11 and C‑230/11 Heimann and Toltschin [2012] ECR I‑0000, paragraph 22). | 28. Il ressort par ailleurs des points 15, 19, 23, 28, 32 et 35 de la décision litigieuse que les différents montants de chiffres d’affaires et pourcentages de parts de marché, incluant la consommation captive, avaient été fournis à la Commission par les entreprises concernées. | 0 |
2,964 | 39. As is apparent from the 3rd, 10th and 14th recitals in the preamble to the basic regulation, the quota system is one of the measures of the COM in sugar with the ultimate aim of stabilising the EU market in sugar and, consequently, ensuring, inter alia, that the necessary guarantees in respect of the employment and standard of living of EU producers are maintained. In that context, national quotas constitute a means of guaranteeing producers Community prices and an outlet for their production (see, to that effect, judgment in Koninklijke Coöperatie Cosun v Commission , C‑68/05 P, EU:C:2006:674, paragraphs 59 and 62, and order in Isera & Scaldis Sugar and Others , C‑154/12, EU:C:2013:101, paragraph 46). | 35. As the first indent of Article 4(1) of Regulation No 2988/95 provides, any irregularity is to involve, as a general rule, the withdrawal of the advantage wrongly obtained, in particular by an obligation to pay the amounts due or repay the amounts wrongly received (judgment in FranceAgriMer , EU:C:2012:807, paragraph 46 and the case-law cited). | 0 |
2,965 | 62. À cet égard, il résulte d’une jurisprudence constante qu’il existe un lien indissociable entre l’obligation de constater les ressources propres communautaires, celle de les inscrire au compte de la Commission dans les délais impartis et, enfin, celle de verser des intérêts de retard, ces derniers étant exigibles quelle que soit la raison du retard avec lequel ces ressources ont été portées au compte de la Commission (voir, notamment, arrêts du 21 septembre 1989, Commission/Grèce, 68/88, Rec. p. 2965, point 17; du 12 juin 2003, Commission/Italie, C-363/00, Rec. p. I‑5767, points 43 et 44, ainsi que du 6 novembre 2003, Commission/Espagne, précité, point 35). | 43. The margin of appreciation left for the Member States by the Framework Agreement is indeed not unlimited, because it cannot in any event go so far as to compromise the objective or the practical effect of the Framework Agreement ( Adeneler and Others , paragraph 82, and Angelidaki and Others , paragraph 155). | 0 |
2,966 | 45. The first point to be noted here is that in the procedure laid down by Article 234 EC providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. In addition, it is to be borne in mind that the Court has a duty to interpret all provisions of Community law necessary to national courts in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (Case C-280/91 Viessmann [1993] ECR I-971, paragraph 17; Case C-42/96 Immobiliare SIF [1997] ECR I-7089, paragraph 28, and Case C‑45/06 Campina [2007] ECR I-2089, paragraphs 30 and 31). | 38 That provision must be interpreted in the light of its objective, which is to ensure that the health of animals and humans is protected, and of developments in scientific knowledge. | 0 |
2,967 | 27. À cet égard, il découle de la jurisprudence constante de la Cour que, aux fins de l’application des dispositions du droit de l’Union en matière de concurrence, est une entreprise toute entité exerçant une activité économique, indépendamment du statut juridique de cette entité et de son mode de financement (voir arrêt du 23 avril 1991, Höfner et Elser, C‑41/90, Rec. p. I‑1979, point 21). Constitue une activité économique toute activité consistant à offrir des biens ou des services sur un marché donné (voir arrêt du 25 octobre 2001, Ambulanz Glöckner, C‑475/99, Rec. p. I‑8089, point 19). En revanche, ne présentent pas de caractère économique, justifiant l’application des règles de concurrence prévues par le traité, les activités qui se rattachent à l’exercice de prérogatives de puissance publique (voir arrêt du 12 juillet 2012, Compass-Datenbank, C‑138/11, point 36). | 99. It follows that Articles 5, 6 and 7 of Regulation No 261/2004 are not invalid by reason of a breach of the principle of equal treatment. | 0 |
2,968 | 181. In accordance with Article 23(2) of Regulation No 1/2003, the amount of the fine must be determined by reference to the gravity of the infringement for which the undertaking concerned is held individually responsible and the duration of the infringement ( Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraph 52). | 41
The Framework Decision aims to introduce a simplified system of surrender directly between judicial authorities that seeks to replace a traditional system of cooperation between sovereign States – involves action and assessment by a sovereign – in order to ensure the free circulation of court decisions in criminal matters, within an area of freedom, security and justice. | 0 |
2,969 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 15 As the Court has consistently held, and as has been confirmed in particular by the judgment in Case C-348/89 Mecanarte [1991] ECR I-3299, that means that if all those conditions are satisfied the person liable is entitled to waiver of recovery of the duty in question. | 0 |
2,970 | 54. It must be noted, however, that although the objective reason provided for in national rules such as those at issue in the main proceedings may, in principle, be accepted, the competent authorities must ensure that the actual application of those national rules satisfies the requirements of the Framework Agreement, having regard to the particular features of the activity concerned and to the conditions under which it is carried out. In the application of the relevant provision of national law, those authorities must therefore be in a position to identify objective and transparent criteria in order to verify whether the renewal of such contracts actually responds to a genuine need and is appropriate for achieving the objective pursued and necessary for that purpose (see Kücük , paragraph 34). | 21 The answer to the first question must therefore be that when implementing Council Directive 71/305 Member States may not depart to any material extent from the provisions of Article 29(5 ) thereof .
The second question | 0 |
2,971 | 118. Furthermore, as the Court has held in previous decisions, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10, and Germany v Commission , paragraph 50). | 14 The principle thus laid down must also be applied where an exporter who has been paid advances on a refund does not furnish proof that the goods in question have actually been imported into the non-member country of destination . | 0 |
2,972 | 23 Likewise, the Court has consistently held (see, in particular, Case C-237/91 Kus v Landeshauptstadt Wiesbaden [1992] ECR I-6781, paragraph 25) that Decision No 1/80 does not encroach upon the competence retained by the Member States to regulate both the entry into their territories of Turkish nationals and the conditions under which they may take up their first employment, but merely regulates, in Article 6, the situation of Turkish workers already integrated into the labour force of the host Member State. | 87. Conformément à la jurisprudence de la Cour, l’obligation de motivation qui incombe au Tribunal n’impose pas à celui-ci de fournir un exposé qui suivrait, de manière exhaustive et un par un, tous les raisonnements articulés par les parties au litige, de sorte que la motivation peut être implicite à condition qu’elle permette aux intéressés de connaître les raisons pour lesquelles le Tribunal n’a pas fait droit à leurs arguments et à la Cour de disposer des éléments suffisants pour exercer son contrôle (voir en ce sens, notamment, arrêts Aalborg Portland e.a./Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P et C‑219/00 P, EU:C:2004:6, point 372, ainsi que FIAMM e.a./Conseil et Commission, C‑120/06 P et C‑121/06 P, EU:C:2008:476, point 96). | 0 |
2,973 | 48. It is also for the referring court, while taking account of the information provided by the Court, to determine whether the restrictions imposed by the Member State concerned satisfy the conditions laid down in the Court’s case-law as regards their proportionality (see Dickinger and Ömer EU:C:2011:582, paragraph 50). | 50. The fact remains, however, that the restrictions imposed by the Member States must satisfy the conditions laid down in the Court’s case-law as regards their proportionality, a matter which it is for the national courts to determine ( Liga Portuguesa de Futebol Profissional and Bwin International , paragraphs 59 and 60, and Stoß and Others , paragraphs 77 and 78). | 1 |
2,974 | 129. Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission , paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State’s territorial sea, Case C‑188/07 Commune de Mesquer [2008] ECR I‑4501, paragraphs 60 to 62). | 15 The applicants have submitted that the decision is incompatible with public international law on the grounds that the application of the competition rules in this case was founded exclusively on the economic repercussions within the common market of conduct restricting competition which was adopted outside the Community . | 1 |
2,975 | 71
In that regard, it should be borne in mind that an undertaking’s participation in a meeting having an anticompetitive object creates a presumption of the illegality of its participation, which that undertaking must rebut through evidence of public distancing, which must be perceived as such by the other parties to the cartel (judgment in Total Marketing Services v Commission, C‑634/13 P, EU:C:2015:614, paragraph 21). | 34. As stated by the Advocate General in point 34 of his Opinion, that finding is also consistent with the principles of equal treatment and tax neutrality, which require that the Court’s recognition of the economic nature of the acquisition of holdings accompanied by an involvement by the parent company in the management of its subsidiaries and of companies controlled by it should be extended to the disposals of holdings which bring about the end of such involvement (see, by way of analogy, Wellcome Trust , paragraph 33, and Kretztechnik , paragraph 19). | 0 |
2,976 | 46. While, admittedly, it is true that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, MKG-Kraftfahrzeuge-Factoring , paragraph 63, and Case C‑455/05 Velvet & Steel Immobilien [2007] ECR I‑3225, paragraph 14), the interpretation proposed by the Commission would nevertheless restrict the exemption in question in a manner which is not justified by the relevant wording. The term ‘transactions … in shares’ referred to in Article 13B(d)(5) of the Sixth Directive and Article 135(1)(f) of Directive 2006/112 is broad enough not to be restricted to the business of trading in shares. | 50. The 13th recital in the preamble to that regulation states that, in cases of unlawful aid which is not compatible with the common market, effective competition should be restored and for this purpose it is necessary that the aid be recovered without delay. The application of national procedures should not therefore impede the restoration of effective competition by preventing the immediate and effective execution of the Commission’s decision. To achieve this result, Member States should take all necessary measures ensuring the effectiveness of that decision. | 0 |
2,977 | 47. Nevertheless, the circumstances for refusing registration referred to in Article 3(1)(g) of Directive 89/104 presuppose the existence of actual deceit or a sufficiently serious risk that the consumer will be deceived (Case C-87/97 Consorzio per la tutela del formaggio Gorgonzola [1999] ECR I-1301, paragraph 41). | 85. That difference of treatment is liable to continue under the TVöD, since, according to the information provided by the referring court, the definitive reclassification took place on the basis of the individual intermediate step assigned to each employee under the TVÜ-Bund. | 0 |
2,978 | 43. Therefore, it must be held that, by virtue of the exclusion laid down by Article 1(2)(b) of Directive 98/59, the dismissal of staff of a military base does not, in any event, fall within the scope of that directive, irrespective of whether or not it is a military base belonging to a non-member State. In those circumstances, it is not necessary specifically to take into account the fact that, in this case, it was a military base belonging to a non-member State, that question having implications in international law (in the context of the employment of staff of an embassy of a non-member country, see Case C-154/11 Mahamdia [2012] ECR, paragraphs 54 to 56). | 48. That interpretation is corroborated by the purpose of Annex III to Directive 2006/112, which is to render less onerous, and thus more accessible to final consumers – who ultimately bear the VAT – certain goods regarded as being particularly necessary. | 0 |
2,979 | 22. The rules of Article 226 EC must be applied and the Commission is not obliged to act within a specific period, save where the excessive duration of the pre-litigation procedure in that provision is capable of making it more difficult for the Member State concerned to refute the Commission’s arguments and of thus infringing the rights of the defence. It is for the Member State concerned to provide evidence that it has been so affected (see, inter alia, Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 26). | 51. In order to create the conditions and means necessary for the setting up of a European Works Council, the responsibility of either central management or the deemed central management includes an obligation to supply the employees ' representatives with the information essential to the opening of negotiations for establishing such a council. | 0 |
2,980 | 54
Next, it should be recalled that, according to settled case-law, under the principle of sincere cooperation laid down in Article 4(3) TEU, it is for the courts of the Member States to ensure judicial protection of a person’s rights under EU law. In addition, Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective legal protection, within the meaning in particular of Article 47 of the Charter, in the fields covered by EU law (see, to that effect, judgment of 8 November 2016, Lesoochranárske zoskupenie VLK, C‑243/15, EU:C:2016:838, paragraph 50 and the case-law cited). | 18 THE PROVISIONS GOVERNING THE COMMISSION' S POWER TO IMPOSE FINES FOR INFRINGEMENT OF THE RULES ON COMPETITION DO NOT LAY DOWN ANY PERIOD OF LIMITATION . | 0 |
2,981 | 71. However, in exercising their discretion relating to the protection of public health, the Member States must comply with the principle of proportionality. The means which they choose must therefore be confined to what is actually necessary to ensure the safeguarding of public health; they must be proportional to the objective thus pursued, which could not have been attained by measures which are less restrictive of intra-Community trade (see Sandoz , paragraph 18; Van Bennekom , paragraph 39; Commission v Denmark , paragraph 45; and Commission v France , paragraph 52, all cited above). | 31. With regard to the concept of restriction ‘by object’, it should be noted that certain types of coordination between undertakings reveal, by their very nature, a sufficient degree of harm to the proper functioning of normal competition so that there is no need to examine their effects (see, to that effect, judgment in CB v Commission , C‑67/13 P, EU:C:2014:2204, paragraphs 49 and 50 and the case-law cited). | 0 |
2,982 | 45. Those principles, which mean, in particular, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority (see, to that effect, Case C‑19/00 SIAC Construction [2001] ECR I-7725, paragraph 34, and Case C-448/01 EVN and Wienstrom [2003] ECR I‑14527, paragraph 47), constitute the basis of the directives on procedures for the award of public contracts (see, inter alia, Universale-Bau and Others , paragraph 91, and Case C‑315/01 GAT [2003] ECR I‑6351, paragraph 73), and the duty of contracting authorities to ensure that they are observed lies at the very heart of those directives (see, to that effect, Case C‑513/99 Concordia Bus Finland [2002] ECR I‑7213, paragraph 81, and Joined Cases C‑21/03 and C-34/03 Fabricom [2005] ECR I‑1559, paragraph 26). | 91. The principle of equal treatment, which underlies the directives on procedures for the award of public contracts, implies an obligation of transparency in order to enable verification that it has been complied with (see, in particular, Case C-324/98 Telaustria and Telefonadress [2000] ECR I-10745, paragraph 61, and Case C-92/00 HI [2002] ECR I-5553, paragraph 45). | 1 |
2,983 | 23 That conclusion is, moreover, borne out by the purpose, as acknowledged by the Court, of the exemption from duty under heading 9705 of the CN, namely facilitating international trade in objects of cultural and educational value (Daiber, paragraph 15). | 32. It should be stated, however, that the principles of transparency and equal treatment which govern all procedures for the award of public contracts, according to which the substantive and procedural conditions concerning participation in a contract must be clearly defined in advance, require that the period be determined with absolute certainty and made public in order that the persons concerned may know exactly the procedural requirements and be sure that the same requirements apply to all candidates. That period may be fixed by national legislation or the latter may confer that responsibility on the contracting authorities. | 0 |
2,984 | 9 In the first place, it argues that, by introducing strict criminal liability, the Danish Government sought to extend the scope of Regulation No 543/69 and imposed on employers an obligation which is not provided for therein . In support of that assertion it refers to the Court' s judgment in Case 69/74 Auditeur de travail v Cagnon and Taquet [1975] ECR 171, paragraph 10, in which the Court stated that the obligation imposed on the employer by Article 11 of that regulation was limited to taking the necessary measures to permit his employees to have the daily rest period laid down . | 10 AS A RESULT THE PHRASE 'SHALL HAVE HAD ... A ... REST PERIOD' IN THE FIRST PARAGRAPH OF ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 MUST BE INTERPRETED AS MEANING THAT THE PROVISIONS ON DAILY REST MUST BE OBSERVED BOTH BY CREW MEMBERS THEMSELVES, WHO ARE REQUIRED TO STOP ALL ACTIVITIES REFERRED TO IN ARTICLE 14 OF THE REGULATION FOR THE MINIMUM PERIOD LAID DOWN, AND BY THE EMPLOYER RUNNING A ROAD TRANSPORT UNDERTAKING, WHO IS REQUIRED TO TAKE THE NECESSARY MEASURES TO PERMIT THE CREW MEMBERS TO HAVE THE DAILY REST PERIOD LAID DOWN . | 1 |
2,985 | 43. In the area of checks and penalties for irregularities committed under European Union law, the European Union legislature has, by adopting Regulation No 2988/95, laid down a series of general principles and has required that, as a general rule, all sectoral regulations are to comply with those principles (see, inter alia, Case C-420/06 Jager [2008] ECR I-1315, paragraph 61; Case C-150/10 Beneo Orafti [2011] ECR I-6843, paragraph 69; and C-669/11 Société ED & F Man Alcohols [2012] ECR, paragraph 45). Furthermore, it is apparent from that regulation that it clearly applies equally to sectoral rules in existence when it entered into force (see, to that effect, Case C-354/95 National Farmers’ Union and Others [1997] ECR I-4559, paragraph 39). | Dans la mesure où les requérantes contestent la valeur probante attribuée par le Tribunal aux déclarations de Shell, de Repsol et de Sasol, il importe de relever que, dans le cadre d’un pourvoi, la Cour n’est pas compétente pour constater les faits ni, en principe, pour examiner les preuves que le Tribunal a retenues à l’appui de ces faits. En effet, dès lors que ces preuves ont été obtenues régulièrement, que les principes généraux du droit et les règles de procédure applicables en matière de charge et d’administration de la preuve ont été respectés, il appartient au seul Tribunal d’apprécier la valeur qu’il convient d’attribuer aux éléments qui lui ont été soumis. Cette appréciation ne constitue donc pas, sous réserve du cas de la dénaturation des éléments de preuve produits devant le Tribunal, une question de droit soumise au contrôle de la Cour (arrêt du 19 décembre 2013, Siemens e.a./Commission, C‑239/11 P, C‑489/11 P et C‑498/11 P, non publié, EU:C:2013:866, point 38). | 0 |
2,986 | 57 It is clear from the judgments in Boots Company and Argos Distributors, first, that assessment of the money-off coupons for the purpose of calculating VAT is determined by their legal and financial characteristics and, secondly, that the taxable amount of the trader who accepts them may not be less than the sum of money which he actually receives for the supply by him (see Boots Company, paragraphs 21 and 22, and Argos Distributors, paragraphs 19 to 23). | 20 FINALLY , EVERY PROVISION OF COMMUNITY LAW MUST BE PLACED IN ITS CONTEXT AND INTERPRETED IN THE LIGHT OF THE PROVISIONS OF COMMUNITY LAW AS A WHOLE , REGARD BEING HAD TO THE OBJECTIVES THEREOF AND TO ITS STATE OF EVOLUTION AT THE DATE ON WHICH THE PROVISION IN QUESTION IS TO BE APPLIED .
| 0 |
2,987 | 46. The Court has consistently held that where a capital item is used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating that item wholly to the assets of his business, (ii) retaining it wholly within his private assets, thereby excluding it entirely from the system of VAT, or (iii) – as in the case before the national court – integrating it into his business only to the extent to which it is actually used for business purposes (see, to that effect, Case C‑415/98 Bakcsi [2001] ECR I‑1831, paragraphs 24 to 34, and Case C‑269/00 Seeling [2003] ECR I‑4101, paragraphs 40 and 41). | 33. It should be borne in mind that, in view of the objectives pursued by the framework agreement, clause 4 must be interpreted as articulating a principle of European Union social law which cannot be interpreted restrictively (Joined Cases C‑444/09 and C‑456/09 Gavieiro Gavieiro and Iglesias Torres [2010] ECR I‑14031, paragraph 49 and the case‑law cited). | 0 |
2,988 | 32. It follows from the foregoing that when there are obstacles to trade, or it is likely that such obstacles will emerge in the future, because the Member States have taken, or are about to take, divergent measures with respect to a product or a class of products, which bring about different levels of protection and thereby prevent the product or products concerned from moving freely within the Community, Article 95 EC authorises the Community legislature to intervene by adopting appropriate measures, in compliance with Article 95(3) EC and with the legal principles mentioned in the Treaty or identified in the case-law, in particular the principle of proportionality ( Arnold André , paragraph 34, and Swedish Match , paragraph 33). | 36. While, as stated by the referring court, a contract such as that at issue in the main proceedings appears to satisfy some of the criteria referred to in the two preceding paragraphs of this judgment, such a contract can however fall outside the scope of European Union public procurement rules only if it fulfils all those criteria. | 0 |
2,989 | 18. The Court concluded that, where the contested measure has ceased to have effect in the course of proceedings, its task is to assess in the light of the specific circumstances the applicant’s interest in bringing proceedings, taking account, in particular, of the consequences of the alleged unlawfulness and of the nature of the damage claimed to have been sustained (see, to that effect, judgment in Abdulrahim v Council and Commission , C‑239/12 P, EU:C:2013:331, paragraphs 62 and 65). | 56. However, as the United Kingdom Government points out, it is not a requirement of the Sixth Directive that, for a supply of goods or services to be effected ‘for consideration’, within the meaning of Article 2.1 of that directive, the consideration for that supply must be obtained directly from the person to whom those goods or services are supplied. Article 11.A(1)(a) of that directive provides that the consideration may be obtained from a third party. | 0 |
2,990 | 90
Secondly, it must be borne in mind that, in accordance with settled case-law, the national authorities must show that an exception to the principle of the free movement of goods which they institute is necessary in order to attain the objectives concerned and that it is in conformity with the principle of proportionality. Thus, it is for those authorities, when claiming to have a reason justifying a restriction on the free movement of goods, to demonstrate specifically the existence of a reason relating to the public interest and the proportionality of that measure in relation to the objective pursued (see, to that effect, judgment of 8 May 2003, ATRAL, C‑14/02, EU:C:2003:265, paragraphs 67 to 69 and the case-law cited). | 24 Although, under Article 2(3) of Directive 76/207, such protection against dismissal must be afforded to women during maternity leave (Hertz, cited above, paragraph 15), the principle of non-discrimination, for its part, requires similar protection throughout the period of pregnancy. Finally, as is clear from paragraph 22 of this judgment, dismissal of a female worker during pregnancy for absences due to incapacity for work resulting from her pregnancy is linked to the occurrence of risks inherent in pregnancy and must therefore be regarded as essentially based on the fact of pregnancy. Such a dismissal can affect only women and therefore constitutes direct discrimination on grounds of sex. | 0 |
2,991 | 31. The Court has also held that, where the conditions for recourse to Article 95 EC as a legal basis are fulfilled, the Community legislature cannot be prevented from relying on that legal basis on the ground that public health protection is a decisive factor in the choices to be made ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 62). | 80 It follows from those various provisions that the procedures for establishing MRLs and issuing marketing authorisations are inherently linked, inasmuch as a marketing authorisation will not be issued in respect of a veterinary medicinal product for administration to food-producing animals unless an MRL has been established, and, by the same token, an MRL will not be established for a new pharmacologically active substance unless that substance is intended to be placed on the market. | 0 |
2,992 | 5 An intervener has no standing to raise a plea of inadmissibility not set out in the forms of order sought by the defendant (see Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 21 and 22, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraphs 11 and 12). | 46 In any event, even where a substance undergoes a full recovery operation and thereby acquires the same properties and characteristics as a raw material, it may nevertheless be regarded as waste if, in accordance with the definition in Article 1(a) of Directive 75/442, its holder discards it, or intends or is required to discard it. | 0 |
2,993 | 96. Having held that the Kingdom of Spain failed, within the period prescribed in the supplementary letter of formal notice, to comply with the judgment in Commission v Spain , the Court may impose on that Member State the payment of a penalty payment if the failure to fulfil obligations continues up to the time of the Court’s examination of the facts (Case C-369/07 Commission v Greece , paragraph 59 and the case-law cited). | 65. That interpretation does not in any way interfere with the possibility, reserved to the United Kingdom and Ireland by the second subparagraph of Article 5(1) of the Schengen Protocol, of choosing, even when those Member States have been authorised to accept part or all of the Schengen acquis, not to take part in the adoption of measures implementing or developing the parts of the acquis which they have been authorised to accept. | 0 |
2,994 | 115. Those basic standards, which must be governed inter alia by the principle of optimisation of protection (see, to that effect, Case C‑376/90 Commission v Belgium [1992] ECR I‑6153, paragraph 27), and which have been amended on various occasions in order to take account of developments in scientific knowledge about radiation protection, are fixed by Directive 96/29. | 32IT FOLLOWS THAT THE SITUATION BEFORE THE BELGIAN COURTS IS GOVERNED BY THE PROVISIONS AND PRINCIPLES OF INTERNAL AND INTERNATIONAL LAW IN FORCE IN BELGIUM .
| 0 |
2,995 | 21. Moreover, by focusing on a comparison of the percentage of recoverable waste in the States of destination and dispatch, the Netherlands rules on shipments of waste allow an objection to be raised against a shipment of waste for recovery on the basis not only of an independent evaluation of the economic and environmental aspects of the recovery operation in the State of destination, but also of the treatment capacity available in the State of dispatch. The Court has held that, in the context of the Community rules on shipments of waste, considerations of self‑sufficiency and proximity do not apply to shipments of waste for recovery (Case C-203/96 Dusseldorp and Others [1998] ECR I-4075, paragraphs 27 to 34). | 21 It also follows from the judgment in INZO (paragraph 24) that in cases of fraud or abuse, in which the person concerned, on the pretext of intending to pursue a particular economic activity, in fact sought to acquire as his private assets goods in respect of which a deduction could be made, the tax authority may claim repayment of the sums retroactively on the ground that those deductions were made on the basis of false declarations. | 0 |
2,996 | 67. It must be recalled, nevertheless, that, in accordance with settled case-law, a measure is appropriate for ensuring attainment of the aims pursued only if it genuinely reflects a concern to attain them in a consistent and systematic manner (Joined Cases C‑159/10 and C‑160/10 Fuchs and Köhler [2011] ECR I‑6919, paragraph 85). | 32. There is nothing to suggest that the term ‘adaptation’ should be given a different meaning depending on whether it is used in the context of Articles 20 and 21 of the 2003 Act of Accession or of Article 57 of that act. Article 21 moreover itself refers to the provisions of Article 57 as regards the procedure for, and the conditions governing, the drawing up of the adaptations for which that article provides, whilst Article 57 which refers to adaptations which have ‘not been provided for in this Act or its Annexes’ suggests, for its part, that the adaptations to be adopted on the basis of that provision are of the same type as those for which, in particular, Articles 20 and 21 of that act provide. | 0 |
2,997 | 46 Recourse to this justification presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, as far as public policy is concerned, Bouchereau, cited above, paragraph 35). | 31 Furthermore, the wording of Article 10a implies that the benefits to which it refers also come within Article 4(2a) of Regulation No 1408/71, as amended by Regulation No 1247/92. | 0 |
2,998 | 141
Under Article 120(c) of the Court’s Rules of Procedure and the case-law relating thereto, an application initiating proceedings must state the subject-matter of the proceedings, the pleas in law and arguments relied on and a summary of those pleas in law. That statement must be sufficiently clear and precise to enable the defendant to prepare his defence and the Court to rule on the application. It is therefore necessary for the essential points of fact and of law on which a case is based to be indicated coherently and intelligibly in the application itself and for the form of order to be set out unambiguously so that the Court does not rule ultra petita or fail to rule on a complaint (see, inter alia, judgment in Parliament v Council, C‑317/13 and C‑679/13, EU:C:2015:223, paragraph 17 and the case-law cited). | 90. Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. | 0 |
2,999 | 75. The Court has thus acknowledged in particular that, in the area of games and bets, excesses in which have damaging social consequences, national regulations seeking to prevent the stimulation of demand by limiting the human passion for gambling could be justified ( Schindler , paragraphs 57 and 58; Läärä and Others , paragraphs 32 and 33; and Zenatti , paragraphs 30 and 31). | 63. Moreover, recital 23 of Directive 2003/54 and recital 23 of Directive 2003/55 state that the construction and maintenance of the necessary network infrastructure are important elements in ensuring a stable and secure supply of electricity of electricity and gas. | 0 |
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