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3,000 | 42. However, pursuant to Article 58 TFEU, the freedom to provide services in the transport sector is not governed by Article 56 TFEU, but rather by Title VI in Part Three of the FEU Treaty, which concerns the common transport policy (see Case C‑338/09 Yellow Cab Verkehrsbetrieb [2010] ECR I‑13927, paragraphs 29 and 30). Moreover, as the referring court points out, car and driver hire services such as those at issue in the main proceedings do not, in essence, fall within the scope of the provisions adopted, on the basis of Article 91(1) TFEU, in order to liberalise transport services. | 32. Dans ces conditions, le grief émis à cet égard par SGL lors de l’audience devant le Tribunal ne saurait être considéré comme un simple développement du moyen tiré d’une détermination erronée du montant de base de l’amende. | 0 |
3,001 | 20
Secondly, the right to paid annual leave is, as a principle of EU social law, not only particularly important, but is also expressly laid down in Article 31(2) of the Charter of Fundamental Rights of the European Union, which Article 6(1) TEU recognises as having the same legal value as the Treaties (judgments of 22 November 2011 in KHS, C‑214/10, EU:C:2011:761, paragraph 37, and of 3 May 2012 in Neidel, C‑337/10, EU:C:2012:263, paragraph 40). | 53. As the national court itself points out, that rule only applies in the case of the construction of new service stations. Hence, it does not apply to pre-existing service stations, which would require, for example, that the pre-existing service stations be progressively relocated in order to comply with the prescribed minimum distances. As the national court observes, this casts doubt on the consistency of the rule at issue in the main proceedings in relation to the abovementioned objectives. | 0 |
3,002 | 22. It follows from the case-law that the Court does not have jurisdiction, under Article 234 EC, to rule on a possible infringement, by a contracting Member State, of provisions of bilateral conventions entered into by the Member States designed to eliminate or to mitigate the negative effects of the coexistence of national tax regimes (see, to that effect, Case C‑298/05 Columbus Container Services [2007] ECR I‑10451, paragraph 46). Nor may the Court examine the relationship between a national measure and the provisions of a double taxation convention, such as the bilateral tax convention at issue in the main proceedings, since that question does not fall within the scope of the interpretation of Community law (see, to that effect, Case C‑141/99 AMID [2000] ECR I‑11619, paragraph 18, and Columbus Container Services , paragraph 47). | 38. Article 5(1) of Directive 76/207 prohibits discrimination on grounds of sex as regards conditions of employment, which includes the conditions applicable to employees' returning to work following parental leave. | 0 |
3,003 | 54. However, the detailed national procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law must not be less favourable than those governing similar domestic actions (principle of equivalence) or render virtually impossible or excessively difficult the exercise of the rights conferred by Community law (principle of effectiveness) (see, to that effect, inter alia, Peterbroeck , paragraph 12 and the case‑law cited, and Grundig Italiana , paragraph 33 and the case‑law cited). | 54. D’emblée, il convient de rappeler que la procédure négociée revêt un caractère exceptionnel, l’article 6, paragraphes 2 et 3, de la directive 93/36 énumérant limitativement et expressément les seules exceptions pour lesquelles le recours à la procédure négociée est permis (arrêt du 8 avril 2008, Commission/Italie, C‑337/05, Rec. p. I‑2173, point 56 et jurisprudence citée). | 0 |
3,004 | 17. On the other hand, the Court has no jurisdiction to give a ruling on the facts in an individual case or to apply the rules of Community law which it has interpreted to national measures or situations, since those questions are matters for the exclusive jurisdiction of the national court (see, inter alia, Joined Cases C-175/98 and C‑177/98 Lirussi and Bizzaro [1999] ECR I-6881, paragraph 38, and Case C‑318/98 Fornasar and Others [2000] ECR I-4785, paragraph 32). | 37. The expression ‘investment in … the … verification … of the contents’ of a database must be understood to refer to the resources used, with a view to ensuring the reliability of the information contained in that database, to monitor the accuracy of the materials collected when the database was created and during its operation. The expression ‘investment in … the … presentation of the contents’ of the database concerns, for its part, the resources used for the purpose of giving the database its function of processing information, that is to say those used for the systematic or methodical arrangement of the materials contained in that database and the organisation of their individual accessibility. | 0 |
3,005 | 80. That conclusion is borne out by the fact that the second condition laid down in paragraph 50 of Teckal , namely, that the contracting company should carry out the essential part of its activities with the controlling authorities, allows that company to carry on activity of a marginal kind with operators other than local authorities (see, to that effect, Carbotermo and Consorzio Alisei , paragraph 63). That condition would be rendered nugatory if the first condition laid down in paragraph 50 of Teckal were interpreted as prohibiting any ancillary activity, including the private sector. | 50 In that regard, in accordance with Article 1(a) of Directive 93/36, it is, in principle, sufficient if the contract was concluded between, on the one hand, a local authority and, on the other, a person legally distinct from that local authority. The position can be otherwise only in the case where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities. | 1 |
3,006 | 23. It is settled case-law that, in the absence of European Union rules in the field, it is for the national legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from European Union law, provided that such rules are not less favourable than those governing similar national actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by European Union law (principle of effectiveness) (see, inter alia, Joined Cases C‑89/10 and C‑96/10 Q‑Beef and Bosschaert [2011] ECR I‑7819, paragraph 32 and the case-law cited). | 165 Next, although the very concept of a concerted practice presupposes conduct by the participating undertakings on the market, it does not necessarily mean that that conduct should produce the specific effect of restricting, preventing or distorting competition. | 0 |
3,007 | 99. In that regard, the first point to be made is that the Court held, in paragraphs 44 and 45 of its judgment in Case C-262/88 Barber [1990] ECR I-1889, that overriding considerations of legal certainty preclude legal situations which have exhausted all their effects in the past from being called in question where that might upset retroactively the financial balance of many pension schemes. As a result, the direct effect of Article 119 of the Treaty may not be relied upon in order to claim entitlement to a pension with effect from a date prior to that of the Barber judgment, except in the case of individuals who have taken action in good time in order to safeguard their rights. | 24. En effet, 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 les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, en ce sens, arrêts du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 36, et du 10 avril 2008, Commission/Italie, C‑442/06, non encore publié au Recueil, point 42). | 0 |
3,008 | 35. In that regard, it must be borne in mind that, in an appeal, the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (Case C‑7/95 P Deere v Commission [1998] ECR I‑3111, paragraph 22, and Joined Cases C‑403/04 P and C‑405/04 P Sumitomo Metal Industries and Nippon Steel v Commission [2007] ECR I‑729, paragraph 38). Save where the evidence adduced before the Court of First Instance has been distorted, the appraisal therefore does not constitute a point of law which is subject to review by the Court of Justice (Case C‑53/92 P Hilti v Commission [1994] ECR I‑667, paragraph 42, and Joined Cases C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraph 49). | 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 |
3,009 | 222
The interdependence of the two objectives pursued by the directive means that the EU legislature could legitimately take the view that it had to establish a set of rules for the placing on the EU market of tobacco products with characterising flavours and that, because of that interdependence, those two objectives could best be achieved at EU level (see, by analogy, judgment in Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 78, and Estonia v Parliament and Council, C‑508/13, EU:C:2015:403, paragraph 48). | 62. Since the rule set out in Article 12(b) of Regulation No 40/94 plays no intrinsic role, therefore, in the application of Article 7(1)(c) of that regulation, the argument relating to the interplay between those two provisions is unfounded. | 0 |
3,010 | 25. It must be borne in mind that, according to settled case-law, the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (see, in particular, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C-287/98 Linster [2000] ECR I-6917, paragraph 43; Case C‑5/08 Infopaq International [2009] ECR I‑6569, paragraph 27; and Case C-467/08 Padawan [2010] ECR I‑0000, paragraph 32). | 71. It thus cannot be ruled out that the administrative burden that would be entailed by the annual return suggested by the Commission, which would necessarily relate to every asset in respect of which a capital gain was established at the time of the transfer of the place of effective management of the company concerned, would give rise as such, for that company, to a hindrance to freedom of establishment that would not necessarily be any less harmful to that freedom than the immediate recovery of the tax debt corresponding to the capital gain. | 0 |
3,011 | 56. Where the substance or object in question is a production residue, that is to say, a product which is not itself wanted for subsequent use and which the holder cannot reuse on economically advantageous terms without prior processing, it must be regarded as a burden which the holder ‘discards’ (see Palin Granit , paragraphs 32 to 37, and Van de Walle , paragraph 46). | 100. As the Court stated in paragraphs 19 and 20 of its judgment in Case C-109/91 Ten Oever [1993] ECR I-4879, by virtue of the Barber judgment, the direct effect of Article 119 of the Treaty may be relied on, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of employment subsequent to 17 May 1990 (the date of the judgment in that case), subject to the exception in favour of workers or those claiming under them who have before that date initiated legal proceedings or raised an equivalent claim under the applicable national law (Case C-246/96 Magorrian and Cunningham [1997] ECR I-7153, paragraph 25). | 0 |
3,012 | 43. That approach is perfectly consistent with the case-law of the Court of Justice. Thus, at paragraphs 181 to 183 of the judgment in Limburgse Vinyl Maatschappij and Others v Commission , the Court held, in particular, that the administrative procedure may involve an examination in two successive stages, each corresponding to its own internal logic. The first stage, covering the period up to notification of the statement of objections, begins on the date on which the Commission, exercising the powers conferred on it by the Community legislature, takes measures which imply an accusation of an infringement and must enable the Commission to adopt a position on the course which the procedure is to follow. The second stage covers the period from notification of the statement of objections to adoption of the final decision. It must enable the Commission to reach a final decision on the infringement concerned. | 46. Having regard to the foregoing, in order to interpret the condition relating to the preservation of the identity of an economic entity, within the meaning of Directive 2001/23, account should be taken of the two elements – as laid down in Article 1(1)(b) of Directive 2001/23 – which, taken together, constitute that identity, and of the objective pursued by that directive, namely the protection of employees. | 0 |
3,013 | 98. Community law does not preclude an individual other than a Member State from being held liable, in addition to the Member State itself, for damage caused to individuals by measures which that individual has taken in breach of Community law (see, to that effect, Haim , paragraph 32). | 59. As regards the imposition of a penalty payment, the Court has held that such a penalty is, in principle, justified only in so far as the failure to comply with an earlier judgment of the Court continues up to the time of the Court’s examination of the facts (see, to that effect, Commission v Italy , paragraphs 33, 45 and 46, and Commission v Germany , paragraph 40). | 0 |
3,014 | 50. It should also be pointed out that, by virtue of Article 216(2) TFEU, where international agreements are concluded by the European Union they are binding upon its institutions and, consequently, they prevail over acts of the European Union (see, to this effect, Case C‑61/94 Commission v Germany [1996] ECR I‑3989, paragraph 52; Case C‑311/04 Algemene Scheeps Agentuur Dordrecht [2006] ECR I‑609, paragraph 25; Case C‑308/06 Intertanko and Others [2008] ECR I‑4057, paragraph 42; and Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑6351, paragraph 307). | 41 IT WOULD BE INCONSISTENT WITH THIS OBJECTIVE TO INTERPRET THE CONDITIONS UNDER WHICH THE ACTION IS ADMISSIBLE SO RESTRICTIVELY AS TO LIMIT THE AVAILABILITY OF THIS PROCEDURE MERELY TO THE CATEGORIES OF MEASURES REFERRED TO BY ARTICLE 189 . | 0 |
3,015 | 45 As regards Article 6 of the Treaty, the Court has consistently held that the application of national legislation cannot be held contrary to the principle of non-discrimination merely because other Member States allegedly apply rules which are less strict (see the judgment in Case C-379/92 Peralta [1994] ECR I-3453, paragraph 48). | 48 Moreover, as the Court repeated in its judgment in Case 155/80 Oebel [1981] ECR 1993, paragraph 9, the application of national legislation cannot be held contrary to the principle of non-discrimination merely because other Member States allegedly apply less strict rules (see also the judgment in Case 14/68 Walt Wilhem and Others v Bundeskartellamt [1969] ECR 1, paragraph 13).
The existence of restrictions on the freedom to provide maritime transport services | 1 |
3,016 | 52. It need merely be recalled that, where an abusive practice has been found to exist, the transactions involved must be redefined so as to re-establish the situation that would have prevailed in the absence of the transactions constituting that practice (judgments in Halifax and Others , C‑255/02, EU:C:2006:121, paragraph 98, and Newey , C‑653/11, EU:C:2013:409, paragraph 50). | 17 Since no expenses are borne by the company, capital duty is to be charged, in application of Article 4(2)(b), on the amount of interest saved by the company, which is to be determined by the national court. | 0 |
3,017 | 16 According to settled case-law (see the judgments in Case 327/85 Netherlands v Commission [1988] ECR 1065, paragraph 24, and Case C-197/90 Italy v Commission [1992] ECR I-1, paragraph 38), Articles 2 and 3 of Regulation No 729/70 enable the Commission to charge to the EAGGF only sums paid in accordance with the Community rules. Consequently, where those Community rules authorize payment of aid only on condition that certain checking procedures are observed, the payment of aid in breach of that condition is not in conformity with Community law. Article 8(1) of the regulation requires the Member States to check that no irregularity or negligence has been committed in that respect. | 50. It must be recalled that paragraph 15 of its commitments required Lagardère to appoint a trustee who, among other conditions, was ‘to be independent of Lagardère and Éditis’. | 0 |
3,018 | 70
With regard to whether the first ground of appeal is well founded, it must be borne in mind that the Court of Justice has held on many occasions that, although the EU rules in force until the end of 1999 do not lay down a time limit for the adoption of a decision on financial corrections by the Commission, since 2000 that has, however, been subject to compliance with a time limit laid down in EU law (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 75 to 82; of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 75 to 82; of 22 October 2014, Spain v Commission, C‑429/13 P, EU:C:2014:2310, paragraph 29; of 4 December 2014, Spain v Commission, C‑513/13 P, not published, EU:C:2014:2412, paragraph 36; of 24 June 2015, Germany v Commission, C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 81, and of 24 June 2015, Spain v Commission, C‑263/13 P, EU:C:2015:415, paragraph 50). | 29 In particular, a Member State may not make the provision of services in its territory subject to compliance with all the conditions required for establishment and thereby deprive the provisions of the Treaty whose object is, precisely, to guarantee the freedom to provide services, of all practical effect (see Case C-76/90 Säger [1991] ECR I-4221, paragraph 13, and Mazzoleni and ISA, cited above, paragraph 23). | 0 |
3,019 | 57. It is also important, in that context, to make clear that Member States are free to adopt or to maintain in force rules having the specific purpose of precluding from a tax benefit wholly artificial arrangements whose purpose is to circumvent or escape national tax law (see, to that effect, ICI , paragraph 26, and De Lasteyrie du Saillant , paragraph 50). | 9 It should be pointed out that in an action brought under Article 173 of the Treaty the Court has no jurisdiction to rule on the lawfulness of a measure adopted by a national authority. | 0 |
3,020 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 38. In order to examine whether the measure at issue in the main proceedings goes beyond what is necessary for achieving its objective and unduly prejudices the interests of workers who reach the age of 67, that measure must be viewed against its legislative background and account must be taken both of the hardship that it may cause to the persons concerned and of the benefits derived from it by society in general and by the individuals who make up society ( Rosenbladt , paragraph 73). | 0 |
3,021 | 44. Even on the assumption that the organisation of the labour market, including the prevention of the loss of qualified workers, could, in some circumstances and subject to certain conditions being complied with, justify restrictions on the freedom of movement for workers, it must in any event be held that national legislation such as the legislation at issue in the main proceedings goes beyond what appears necessary to achieve the objectives pursued. Such objectives do not justify the systematic refusal of the benefit of recruitment vouchers to persons seeking employment who are recruited in other Member States. Such a measure is tantamount to an outright negation of the freedom of movement for Community workers laid down by Article 39 EC, which aims to guarantee to workers and persons seeking employment the right to gain access to employment of their choice and to exercise that activity in the territory of another Member State (see, as regards freedom of establishment, Case C-208/00 Überseering [2002] ECR I‑9919, paragraph 93). | 118 UNDER THE TERMS OF ARTICLE 15 ( 2 ) OF REGULATION NO 17 , THE COMMISSION MAY IMPOSE FINES OF FROM 1 000 TO 1 000 000 UNITS OF ACCOUNT OR A SUM IN EXCESS THEREOF BUT NOT EXCEEDING 10% OF THE TURNOVER IN THE PRECEDING BUSINESS YEAR OF EACH OF THE UNDERTAKINGS PARTICIPATING IN THE INFRINGEMENT . ARTICLE 15 ( 2 ) PROVIDES THAT IN FIXING THE AMOUNT OF THE FINE WITHIN THOSE LIMITS THE GRAVITY AND THE DURATION OF THE INFRINGEMENT ARE TO BE TAKEN INTO CONSIDERATION .
| 0 |
3,022 | 19. Situations falling within the scope of Community law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 18 EC (see, in particular, Grzelczyk , paragraph 33, and Pusa , paragraph 17). | 39. In order to answer those questions, it is necessary to state, as a preliminary point, that, as is apparent from the wording of General Rule 1, for legal purposes, classification is determined according to the terms of the headings and any relative section or chapter notes, before the other provisions of the General Rules come to bear. General Rule 3 applies only when it is apparent that goods must be classified under a number of headings. | 0 |
3,023 | 58. It is true that the Court held in paragraphs 50 and 51 of Akrich that, in order to benefit from the rights provided for in Article 10 of Regulation No 1612/68, the national of a non-member country who is the spouse of a Union citizen must be lawfully resident in a Member State when he moves to another Member State to which the citizen of the Union is migrating or has migrated. However, that conclusion must be reconsidered. The benefit of such rights cannot depend on the prior lawful residence of such a spouse in another Member State (see, to that effect, MRAX , paragraph 59, and Case C‑157/03 Commission v Spain , paragraph 28). | 52. Third, the supply of goods must be effected by a ‘taxable person acting as such’. A taxable person acts in that capacity where he carries out transactions in the course of his taxable activity (Case C‑587/10 VSTR [2012] ECR, paragraph 49). In this case, it is apparent from the order for reference that Profitube is a taxable person registered for VAT. | 0 |
3,024 | 55. It is, however, appropriate to point out that standards of that nature, if they are likely to apply to the entire transport of pigs which takes place, even in part, on the territory of the Member State which prescribes them, may undermine the attainment of the objectives of eliminating technical barriers to trade in live animals and allowing market organisations to operate smoothly, objectives which are also pursued by Regulation No 1/2005. It is therefore necessary to establish that, having regard to those objectives, such standards are necessary and proportionate to the main objective of the protection of animals during transport pursued by that regulation and that their application does not restrict the free movement of goods in respect of both imports and exports (see, by analogy, Case C‑491/06 Danske Svineproducenter , paragraph 43) disproportionately (see, by analogy, Case C‑562/08 Müller Fleisch [2010] ECR I‑1391, paragraphs 38 and 42). | 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 |
3,025 | 14 Such an interpretation must apply a fortiori with respect to a rule of jurisdiction, such as that contained in Article 14 of the Convention, which allows a consumer, within the meaning of Article 13 of the Convention, to sue the defendant in the courts of the Contracting State in which the plaintiff is domiciled. Apart from the cases expressly provided for, the Convention appears hostile towards the attribution of jurisdiction to the courts of the plaintiff's domicile (see Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraphs 16 and 19, and Shearson Lehman Hutton, paragraph 17). | 49. À cet égard, il y a lieu d’emblée de rappeler que l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 249 CE, de prendre toutes les mesures propres à assurer l’exécution de cette décision. L’État membre doit, en principe, parvenir à un recouvrement effectif des sommes dues (arrêt Commission/Italie, C‑454/09, EU:C:2011:650, point 34 et jurisprudence citée). | 0 |
3,026 | 29. The supply of goods or services on preferential terms is one of the indirect advantages which have the same effects as subsidies (see Joined Cases 67/85, 68/85 and 70/85 Van der Kooy v Commission [1988] ECR 219, paragraphs 28 and 29; Case C-56/93 Belgium v Commission [1996] ECR I-723, paragraph 10, and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 62). | 57. Il est également de jurisprudence constante que l’article 45, premier alinéa, CE constitue une dérogation à la règle fondamentale de la liberté d’établissement. Comme telle, cette dérogation doit recevoir une interprétation qui limite sa portée à ce qui est strictement nécessaire pour sauvegarder les intérêts que cette disposition permet aux États membres de protéger (arrêts du 15 mars 1988, Commission/Grèce, précité, point 7; Commission/Espagne, précité, point 34; du 30 mars 2006, Servizi Ausiliari Dottori Commercialisti, C‑451/03, Rec. p. I‑2941, point 45; du 29 novembre 2007, Commission/Autriche, C‑393/05, Rec. p. I‑10195, point 35, et Commission/Allemagne, C‑404/05, Rec. p. I‑10239, points 37 et 46, ainsi que Commission/Portugal, précité, point 34). | 0 |
3,027 | 52. Second, it is contrary to the principle of mutual recognition for a host Member State to refuse to recognise a driving licence issued by another Member State on the ground that, according to the information supplied by the host Member State, the holder of that licence did not, at the date of its issue, satisfy the necessary conditions for obtaining it (see, to that effect, the order in Da Silva Carvalho , paragraph 22, and Kapper , paragraph 47). | 52 As is clear from Article 2(1), the Directive's fundamental objective is that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location should be made subject to an assessment with regard to their effects. | 0 |
3,028 | 22. The uncertainty as to whether the national court – following an answer given by the Court of Justice to a question referred for a preliminary ruling relating to interpretation of a directive – may, in compliance with the principles laid down by the Court (see, to that effect, Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraphs 113 to 116, and Case C‑212/04 Adeneler and O thers [2006] ECR I‑6057, paragraphs 110 to 112), interpret national law in the light of that answer cannot affect the Court’s obligation to rule on that question. Any other approach would be incompatible with the very aim of the powers given to the Court by Article 234 EC, which are intended, in essence, to ensure the uniform application of Community law by the national courts (Case C‑461/03 Gaston Schul Douane-expediteur [2005] ECR I‑10513, paragraph 21, and Case C‑344/04 IATA and ELFAA [2006] ECR I‑403, paragraph 27). | 41 En ce qui concerne les dispositions du règlement n_ 3665/87 relatives à la force majeure, il est de jurisprudence constante que, la notion de force majeure n'ayant pas un contenu identique dans les divers domaines d'application du droit communautaire, sa signification doit être déterminée en fonction du cadre légal dans lequel elle est destinée à produire ses effets (voir, notamment, arrêt du 7 décembre 1993, Huygen e.a., C-12/92, Rec. p. I-6381, point 30). Le règlement n_ 3665/87 n'est donc pas contraire aux principes généraux du droit communautaire en ce qu'il précise et limite les effets de la force majeure en matière de restitutions à l'exportation. | 0 |
3,029 | 26. If there is no means of redress, allowing the implementing measures to be challenged, it should, it is submitted, be borne in mind that in the judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council (C‑583/11 P, EU:C:2013:625, paragraphs 97 and 103), the Court held that ‘neither the FEU Treaty nor Article 19 TEU intended to create new remedies before the national courts to ensure the observance of EU law other than those already laid down by national law’, and that Article 47 is not intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to the admissibility of direct actions brought before the Courts of the European Union. | 31. Si l’autorité compétente de l’État d’exécution éprouve des doutes sur la question de savoir si les conditions susmentionnées pour la reconnaissance de la décision infligeant une sanction pécuniaire en cause dans un cas donné sont remplies, elle peut solliciter des informations supplémentaires de l’autorité compétente de l’État d’émission, avant de tirer toutes les conséquences des appréciations effectuées dans sa réponse par cette dernière autorité [voir en ce sens, en ce qui concerne la décision-cadre 2002/584/JAI du Conseil, du 13 juin 2002, relative au mandat d’arrêt européen et aux procédures de remise entre États membres (JO L 190, p. 1), arrêt Mantello, précité, point 50]. | 0 |
3,030 | 49
In that regard, it should be borne in mind, as the General Court correctly did in paragraph 328 of the judgment under appeal, that the maximum amount laid down in Article 23(2) of Regulation No 1/2003 must be calculated on the basis of the total turnover of all the companies constituting the single economic entity acting as an undertaking for the purposes of Article 81 EC, which now corresponds to Article 101 TFEU (see judgments of 8 May 2013 in Eni v Commission, C‑508/11 P, EU:C:2013:289, paragraph 109; of 11 July 2013 in Team Relocations and Others v Commission, C‑444/11 P, EU:C:2013:464, paragraphs 172 and 173; and of 26 November 2013 in Groupe Gascogne v Commission, C‑58/12 P, EU:C:2013:770, paragraph 56). The proportionality of a fine must in particular be assessed having regard to the objective of deterrence which is sought by its imposition and consideration of that total figure is therefore necessary for the purposes of that assessment in order to take into account the economic power of that entity (see, to that effect, judgment of 20 January 2016 in Toshiba Corporation v Commission, C‑373/14 P, EU:C:2016:26, paragraphs 83 and 84). | 22. The assessment of the similarity between two marks means more than taking just one component of a composite trade mark and comparing it with another mark. On the contrary, the comparison must be made by examining each of the marks in question as a whole ( OHIM v Shaker EU:C:2007:333, paragraph 41). | 0 |
3,031 | 54
As a preliminary point, it must be recalled that the provisions of Article 7, first paragraph, of Decision No 1/80 confer, in clear, precise and unconditional terms, the right on the members of the family of a Turkish worker duly registered as belonging to the labour force of the host Member State to respond, subject to priority being granted to workers of the Member States, to any offer of employment after being legally resident there for at least three years (first indent), and the right freely to take up paid employment of their choice in the Member State in whose territory they have been legally resident for at least five years (second indent) (judgment of 17 April 1997, Kadiman, C‑351/95, EU:C:1997:205, paragraph 27). | 65. Constituent des «litiges à caractère pécuniaire» au sens de cette disposition non seulement les actions en responsabilité dirigées par les agents contre une institution, mais aussi tous ceux qui tendent au versement par une institution à un agent d’une somme qu’il estime lui être due en vertu du statut ou d’un autre acte qui régit leurs relations de travail (voir, en ce sens, arrêt du 2 octobre 2001, BEI/Hautem, C‑449/99 P, Rec. p. I-6733). | 0 |
3,032 | 36
It should be noted in that regard that the mere fact that the Commission enjoys a power of external representation of the Union under Article 17(1) TEU is not sufficient to address the issue, raised by the Council’s first plea in law, of whether the principle of conferral of powers laid down in Article 13(2) TEU required the Commission to obtain the Council’s approval before signing the 2013 Addendum on behalf of the Union (see, by analogy with regard to Article 335 TFEU, judgment of 6 October 2015 in Council v Commission, C‑73/14, EU:C:2015:663, paragraphs 59 and 60). | 32 HOWEVER , IT SHOULD BE EMPHASIZED THAT THE LEVYING OF A CHARGE SUCH AS THE ONE IN QUESTION WOULD BE CONTRARY TO COMMUNITY LAW TO THE EXTENT TO WHICH IT SERVED TO FINANCE ACTIVITIES WHICH WERE INCOMPATIBLE WITH THE PROVISIONS REFERRED TO IN THE REQUEST FOR A PRELIMINARY RULING .
| 0 |
3,033 | 111. It is appropriate to point out that in Case C-247/98 Greece v Commission (paragraphs 18, 19 and 32) and Case C-373/99 Greece v Commission (paragraphs 36 to 39), cited above, which relate to the financial years 1994 and 1995, respectively, the Court already dismissed the arguments put forward by the Hellenic Republic to justify the practice of deductions. | 60 In order to prove that the transposition of a directive is insufficient or inadequate, it is not necessary to establish the actual effects of the legislation transposing it into national law: it is the wording of the legislation itself which harbours the insufficiencies or defects of transposition. | 0 |
3,034 | 19. It should be noted that, since Directive 2001/29 gives no definition at all of the concept of parody, the meaning and scope of that term must, as the Court has consistently held, be determined by considering its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it is part (see, to that effect, judgment in Diakité , C‑285/12, EU:C:2014:39, paragraph 27 and the case-law cited). | 49. In those circumstances, the right to maternity leave granted to pregnant workers must be regarded as a particularly important mechanism of protection under employment law. The Community legislature thus considered that the fundamental changes to the living conditions of the persons concerned during the period of at least 14 weeks preceding and after childbirth constituted a legitimate ground on which they could suspend their employment, without the public authorities or employers being allowed in whatever way to call the legitimacy of that ground into question. | 0 |
3,035 | 48. Il s’ensuit que, contrairement à ce que prétend la Commission, une interprétation purement littérale du régime particulier des agences de voyages fondée sur le texte d’une ou de plusieurs versions linguistiques, à l’exclusion des autres, ne saurait prévaloir. Conformément à une jurisprudence constante, il y a lieu de considérer que les dispositions du droit de l’Union doivent être interprétées et appliquées de manière uniforme à la lumière des versions établies dans toutes les langues de l’Union. En cas de disparité entre les diverses versions linguistiques d’un texte de l’Union, la disposition en cause doit être interprétée en fonction de l’économie générale et de la finalité de la réglementation dont elle constitue un élément (arrêt du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31). | 52 In those circumstances legislation such as the United Kingdom legislation cannot be considered to be discriminatory. | 0 |
3,036 | 39 By way of preliminary point, the Court proceeds on the assumption that, the court competent to adjudicate on the substance being the Tribunale di Bari, the Landgericht Koblenz did not by its judgment of 17 November 1998 exceed the limits, as interpreted by the Court, of the jurisdiction which it derived from Article 24 of the Brussels Convention (see Case C-391/95 Van Uden [1998] ECR I-7091, paragraphs 37 to 47, and Case C-99/96 Mietz [1999] ECR I-2277, paragraphs 42, 46 and 47). | 38. In those circumstances, the tax situation of a company which has its registered office in Germany and has a permanent establishment in Austria is less favourable than it would be if the latter were to be established in Germany. By reason of that difference in tax treatment, a German company could be discouraged from carrying on its business through a permanent establishment situated in Austria ( Lidl Belgium , paragraph 25). | 0 |
3,037 | 77. Thus, the Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Joined Cases C-94/04 and C-202/04 Cipolla and Others [2006] ECR I-11421, paragraph 25, and Joined Cases C-570/07 and C-571/07 Blanco Pérez and Chao Gómez [2010] ECR I-4629, paragraph 36). | 19 A benefit such as the child-raising allowance at issue in the present cases meets those conditions. | 0 |
3,038 | 44. It follows that where a ‘plan’ or ‘programme’ should, prior to its adoption, have been subject to an assessment of its environmental effects in accordance with the requirements of Directive 2001/42, the competent authorities are obliged to take all general or particular measures for remedying the failure to carry out such an assessment (see, by analogy, Wells , paragraph 68). | 109. Consequently, for the purposes of establishing the existence of State aid, the Commission must establish a sufficiently direct link between, on the one hand, the advantage given to the beneficiary and, on the other, a reduction of the State budget or a sufficiently concrete economic risk of burdens on that budget (see, to that effect, Case C-279/08 P Commission v Netherlands [2011] ECR I-0000, paragraph 111). | 0 |
3,039 | 37. In accordance with the Court’s settled case-law, in order to determine whether a national measure involves the implementation of EU law for the purposes of Article 51(1) of the Charter, it is necessary to determine, inter alia, whether that national legislation is intended to implement a provision of EU law; the nature of the legislation at issue and whether it pursues objectives other than those covered by EU law, even if it is capable of indirectly affecting EU law; and also whether there are specific rules of EU law on the matter or rules which are capable of affecting it (see Annibaldi EU:C:1997:631, paragraphs 21 to 23; Case C‑40/11 Iida EU:C:2012:691, paragraph 79; Case C‑87/12 Ymeraga and Others EU:C:2013:291, paragraph 41; and Siragusa EU:C:2014:126, paragraph 25). | 45. À cet égard, la République fédérale d’Allemagne fait valoir qu’une correction fréquente des dettes douanières pourrait avoir pour conséquence des dépenses importantes pour les États membres. Il convient cependant de rappeler que la réglementation de l’Union en matière de recouvrement de la dette douanière doit être interprétée à la lumière de l’objectif d’une mise à disposition rapide et efficace des ressources propres de l’Union (arrêt du 5 octobre 2006, Commission/Belgique, C‑378/03, Rec. p. I‑9805, point 48 et jurisprudence citée), de sorte que des considérations d’ordre économique, à supposer qu’elles soient établies, ne sauraient permettre à un État membre de se soustraire à son obligation de prendre en compte le montant des droits de douane à recouvrer dans les délais prévus par ladite réglementation. | 0 |
3,040 | 82 As far as companies or firms are concerned, their registered office, as indicated above, serves to determine, like nationality for natural persons, their connection to a Member State's legal order (Case C-307/97 Saint-Gobain, cited above, paragraph 36). | 12. In that regard, it should be noted that, according to settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance (judgments in Fish Legal and Shirley , C‑279/12, EU:C:2013:853, paragraph 30, and Verder LabTec , C‑657/13, EU:C:2015:331, paragraph 29). | 0 |
3,041 | 66
Indeed, first, in such circumstances, proof of the physical movement of that means of transport to its place of final use, which the vendor might be able to submit to the tax authorities, depends essentially on information that he receives for that purpose from the person acquiring the goods (see, by analogy, judgment of 16 December 2010, Euro Tyre Holding, C‑430/09, EU:C:2010:786, paragraph 37). | 76 In the case of pharmaceutical products, that is certainly a sensitive area in which the public is particularly demanding as to the quality and integrity of the product, and the presentation of the product may indeed be capable of inspiring public confidence in that regard. It follows that defective, poor quality or untidy packaging could damage the trade mark' s reputation. | 0 |
3,042 | 20. The proper conduct of that procedure thus constitutes an essential guarantee required by the EC Treaty in order to protect the rights of the Member State concerned. It is only when that guarantee is observed that the contentious procedure before the Court can enable it to judge whether that State has in fact failed to fulfil the obligations which the Commission alleges it has breached (see, in particular, Case C-145/01 Commission v Italy [2003] ECR I-5581, paragraph 17). | 8 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE IN THE AFFIRMATIVE .
SECOND QUESTION | 0 |
3,043 | 15 Moreover, according to the settled case-law of the Court (see, inter alia, judgments in Case 24/75 Petroni v ONPTS [1975] ECR 1149, at paragraph 13 and in Case C-302/90 CAAMI v Faux [1991] ECR 4875, at paragraph 27), the aim of Articles 48 to 51 would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose advantages in the field of social security guaranteed to them in any event by the laws of a single Member State. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,044 | 55. In particular, it should be borne in mind that Member States may adopt, notwithstanding the prohibition on quantitative restrictions on imports, laid down in Article 28 EC, measures justified on one of the grounds of public interest listed in Article 30 EC or by one of the overriding requirements referred to in the case-law of the Court, such as protection of health, provided in particular that those measures are appropriate for securing the attainment of the objective pursued and do not go beyond what is necessary in order to attain it (see, to that effect, Case C-14/02 ATRAL [2003] ECR I-4431, paragraph 64 and case-law cited). Those limits also apply to obligations of cooperation that a Member State may impose on importers of machines manufactured in another Member State.
The system of penalties | 18 IN THAT RESPECT THE COMMISSION AND THE COUNCIL , IN THEIR OBSERVATIONS , RIGHTLY ARGUE THAT THE INDEMNITIES DO NOT CONSTITUTE AID WITHIN THE MEANING OF ARTICLES 92 ET SEQ OF THE EEC TREATY , BUT RATHER CONSIDERATION FOR THE SERVICES PERFORMED BY THE COLLECTION OR DISPOSAL UNDERTAKINGS .
| 0 |
3,045 | 23 As regards the first of those concepts, it should be recalled at the outset that the Court has consistently concluded from the wording of Article 12 of the EEC-Turkey Association Agreement and Article 36 of the additional protocol, signed on 23 November 1970, annexed to that Agreement and concluded by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113, p. 18), as well as from the objective of Decision No 1/80, that the principles enshrined in Articles 48, 49 and 50 of the EC Treaty must be extended, so far as possible, to Turkish workers who enjoy the rights conferred by Decision No 1/80 (see, to that effect, Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14, 19 and 20; Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraphs 20 and 28, and the judgments in Günaydin, paragraph 21, and Ertanir, paragraph 21). | 34. Il ressort d’une jurisprudence constante qu’une réglementation nationale qui constitue une mesure d’effet équivalent à des restrictions quantitatives peut être justifiée par l’une des raisons d’intérêt général énumérées à l’article 36 TFUE ou par des exigences impératives. Dans l’un et l’autre cas, la disposition nationale doit être propre à garantir la réalisation de l’objectif poursuivi et ne pas aller au-delà de ce qui est nécessaire pour qu’il soit atteint. À cet égard, il incombe aux autorités nationales compétentes de démontrer que leur réglementation répond à ces critères. Une telle démonstration ne peut être faite que concrètement, par rapport aux circonstances du cas d’espèce (voir, en ce sens, arrêt Commission/Belgique, EU:C:2012:539, points 53 et 54 ainsi que jurisprudence citée). | 0 |
3,046 | 49. In paragraphs 105 to 109 of the contested judgment, the Court of First Instance also sought to confirm its interpretation of those decisions by relying on its own case-law and that of the Court and by making reference to other documents from the case-file submitted to it. However, the reasoning of that part of the judgment is superfluous having regard to that which, in paragraphs 91 to 104, formed the basis of that interpretation. Therefore, and since the Court of First Instance did not err in law in arriving at that interpretation, the Commission’s complaints directed against the reasoning in paragraphs 105 to 109 of the judgment are immaterial. In accordance with settled case-law, those complaints, which cannot serve as the basis for setting aside the judgment of the Court of First Instance, must be rejected (see, inter alia, Case C-35/92 P Parliament v Frederiksen [1993] ECR I-991, paragraph 31, Case C-224/91 P Pincherle v Commission [1993] ECR I-6965, paragraph 25, and Case C-264/95 P Commission v UIC [1997] ECR I‑1287, paragraph 48). | 18. Accordingly, the present action for failure to fulfil obligations cannot in any case be regarded as being devoid of purpose (see, to this effect, Case 240/86 Commission v Greece [1988] ECR 1835, paragraphs 12 to 15). | 0 |
3,047 | 60. It follows that, for the purposes of Article 7(1)(b) of Directive 2004/38, the concept of ‘social assistance system’ must be defined by reference to the objective pursued by that provision, as recalled in paragraphs 53 to 57 above, and not by reference to formal criteria (see, to that effect, Vatsouras and Koupatantze , paragraphs 41 and 42, and Case C‑571/10 Kamberaj [2012] ECR I‑0000, paragraphs 90 to 92). | 42. As regards, second, the obligations under Articles 5 and 6 of the Royal Decree of 29 March 2002 imposed on the employers of workers posted to Belgium, first of all, to keep copies of the equivalent documents available to the Belgian authorities, either at the workplace in Belgium, or at the Belgian address of the employer’s agent or servant, then, to send, at the end of the posting, those copies and an inventory of the equivalent documents to the Belgian authorities and, lastly, to keep available to those authorities, after a period of six months, copies of those equivalent documents at one of the designated locations for a period of five years, it cannot be ruled out at the outset that those obligations give rise to additional expenses and administrative and economic burdens for undertakings established in another Member State, with the result that such undertakings may not be on an equal footing, from the standpoint of competition, with undertakings employing persons normally working in Belgium. | 0 |
3,048 | Lastly, as regards the data relating to the names of holders of the transferring accounts and acquiring accounts of the emission
allowances and the date and time of those transactions, the Court has held that a request for the reporting of such data comes
exclusively under the specific rules governing public reporting and confidentiality contained in Directive 2003/87 and in
Regulation No 2216/2004 (see judgment in Ville de Lyon, C‑524/09, EU:C:2010:822, paragraph 41). | 30 Thus it appears from the case-law, first, that all administrative bodies, including decentralised authorities, are subject to that obligation as to primacy, and individuals may therefore rely on such a provision of Community law against them (Case 103/88 Fratelli Costanzo v Comune di Milano [1989] ECR 1839, paragraph 32). | 0 |
3,049 | 36. It is clear from the Court’s case-law that, in view of both the wording of Directive 2003/88 and its purpose and scheme, the various requirements it lays down concerning minimum rest periods, such as the period mentioned in Article 3, constitute rules of European Union social law of particular importance from which every worker must benefit as a minimum requirement necessary to ensure the protection of his health and safety (see, in particular, BECTU , paragraphs 43 and 47, and Case C‑484/04 Commission v United Kingdom [2006] ECR I‑7471, paragraph 38). | 34. It is, however, settled case-law that the financial consequences which might ensue for a Member State from a preliminary ruling do not in themselves justify limiting the temporal effects of the ruling (Case C‑184/99 Grzelczyk [2001] ECR I‑6193, paragraph 52; Case C‑209/03 Bidar [2005] ECR I‑2119, paragraph 68; and Case C‑423/04 Richards [2006] ECR I‑3585, paragraph 41). | 0 |
3,050 | 49
It follows from those provisions that the Council, voting unanimously on the initiative of any Member State or of the Commission, may adopt legislative acts with any aim that is consistent with those of Title VI of the EU Treaty, with the exception, however, of the areas referred to in Article 34(2)(a) and (b) EU, and, voting by majority, may adopt the measures necessary for the implementation of those acts at EU level (see, to that effect, judgment of 10 September 2015, Parliament v Council,C‑363/14, EU:C:2015:579, paragraphs 60 to 66). In both cases, those measures can be adopted only after the Parliament has been consulted (see, to that effect, judgment of 16 April 2015, Parliament v Council, C‑540/13, EU:C:2015:224, paragraph 36). | 22 The object of the Directive is to establish harmonised legal protection in the Community for the rental and lending right and certain rights related to copyright in the field of intellectual property. According to the first three recitals in its preamble, such harmonisation is intended to eliminate differences between national laws which are liable to create barriers to trade, distort competition and impede the achievement and proper functioning of the internal market. As is stated, more specifically, in the fourth, fifth and seventh recitals in the preamble to the Directive, the rental right, which, as a result of the increasing threat of piracy, is of increasing importance to the economic and cultural development of the Community must in particular guarantee that authors and performers can receive appropriate income and amortise the especially high and risky investments required particularly for the production of phonograms and films. | 0 |
3,051 | 65. In that context, the Court has also stated that this principle of interpreting national law in conformity with EU law has certain limits. Thus, the obligation for a national court to refer to the content of a directive when interpreting and applying the relevant rules of domestic law is limited by general principles of law and cannot serve as the basis for an interpretation of national law contra legem ( OSA EU:C:2014:110, paragraph 45). | 50. In the main proceedings, it is not disputed that at the time of their infringing conduct, AAMS and ETI were owned by the same public entity, namely the Ministry of the Economy and Finance. | 0 |
3,052 | 50. From that point of view, it should be determined whether the reasoned opinion and the action set out the complaints coherently and precisely in order that the Court may appreciate exactly the extent of the alleged infringement of European Union law, a condition which is necessary in order to enable the Court to determine whether there has been a breach of obligations as alleged (see, to that effect, Case C-199/04 Commission v United Kingdom [2007] ECR I-1221, paragraphs 20 and 21, and Commission v Portugal , paragraph 43). | 58. Where the company making the distribution and the shareholder to whom it is paid are not resident in the same Member State, the Member State in which the company making the distribution is resident, that is to say the Member State in which the profits are derived, is not in the same position, as regards the prevention or mitigation of a series of charges to tax and of economic double taxation, as the Member State in which the shareholder receiving the distribution is resident. | 0 |
3,053 | 38. Therefore, where abuse of successive fixed-term contracts has taken place, a measure offering effective and equivalent guarantees for the protection of workers must be capable of being applied in order duly to punish that abuse and nullify the consequences of the breach of Community law. According to the very wording of the first paragraph of Article 2 of Directive 1999/70, the Member States must ‘take any necessary measures to enable them at any time to be in a position to guarantee the results imposed by [the] directive’ ( Adeneler and Others , paragraph 102). | 85. En effet, les différentes dispositions des actes litigieux prévoyant le gel des fonds sont rédigées de manière générale («participant, étant directement associés ou apportant un appui […]»), sans référence à des comportements préalables à une décision de gel des fonds. Il en résulte que, même lorsqu’elles visent une entité déterminée, la référence à une finalité générale telle que révélée par les statuts de cette entité peut suffire à justifier l’adoption de mesures restrictives. | 0 |
3,054 | 53. It is also established case-law that the Commission, in order to prove an infringement of the rules on the common organisation of the agricultural markets, is required not to demonstrate exhaustively that the checks carried out by the national authorities are inadequate or that the data submitted by them are incorrect, but to adduce evidence of serious and reasonable doubt on its part regarding the checks or data. The reason for this mitigation of the burden of proof on the Commission is that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts and consequently it is for that State to adduce the most detailed and comprehensive evidence that its checks or data are accurate and, if appropriate, that the Commission’s statements are incorrect (see Case C-278/98 Netherlands v Commission [2001] ECR I‑1501, paragraphs 39 to 41; Greece v Commission , cited above, paragraphs 15 to 17; and Case C-344/01 Germany v Commission [2004] ECR I‑2081, paragraph 58). | 56. It is true that, in certain circumstances, such as the loss of products, their sale at a loss or unlawful sale at a price different from the retail price indicated on the tax stamps, the manufacturer may be obliged to pay an amount of VAT which is higher than that which would have resulted from the application of the ordinary Community system for levying VAT. | 0 |
3,055 | 57. It is solely because of the exercise by that State of its power of taxation that, irrespective of any taxation in another Member State, a risk of a series of charges to tax or economic double taxation may arise. In such a case, in order for non‑resident companies receiving dividends not to be subject to a restriction on the free movement of capital prohibited in principle by Article 56 EC, the State in which the company making the distribution is resident is obliged to ensure that, under the procedures laid down by its national law in order to prevent or mitigate a series of liabilities to tax or economic double taxation, non-resident companies are subject to the same treatment as resident companies (see Test Claimants in Class IV of the ACT Group Litigation , paragraph 70; Amurta , paragraph 39; Commission v Italy , paragraph 53; and Commission v Spain , paragraph 52). | De surcroît, les lignes directrices de 2006 ne constituent pas la base légale pour la fixation du montant de l’amende et ne
font que préciser l’application de l’article 23, paragraphe 2, du règlement n° 1/2003. Il s’ensuit que, même en l’absence
des lignes directrices de 2006, les requérantes auraient toujours été en mesure de prévoir les conséquences juridiques de
leur comportement et, notamment, l’imposition d’une amende fixée à un niveau visant à assurer son caractère dissuasif (voir,
par analogie, en ce qui concerne les lignes directrices de 1998, arrêt du 8 février 2007, Groupe Danone/Commission, C‑3/06
P, EU:C:2007:88, point 28 et jurisprudence citée). | 0 |
3,056 | 51. Recourse to the public-policy clause in Article 34(1) of Regulation No 44/2001 can be envisaged only where recognition or enforcement of the judgment given in another Member State would be at variance to an unacceptable degree with the legal order of the State in which enforcement is sought inasmuch as it would infringe a fundamental principle. The infringement would have to constitute a manifest breach of a rule of law regarded as essential in the legal order of the State in which enforcement is sought or of a right recognised as being fundamental within that legal order (see Krombach , paragraph 37; Renault , paragraph 30; and Apostolides , paragraph 59). | 74 It can be inferred from the foregoing that the risk to which the quality of the product finally offered to consumers is exposed is greater where it has been transported and bottled outside the region of production than when those operations have taken place within the region. | 0 |
3,057 | 58
Thus, although, in the absence of EU rules in the area of payment of tax credits of which the beneficiaries have been unduly deprived, it is for the domestic legal system of each Member State to determine the procedural rules governing actions intended to ensure the protection of directly effective EU law rights, under the principle of equivalence, those rules must not be less favourable than those relating to similar domestic actions (see, to that effect, judgments of 16 December 1976, Rewe-Zentralfinanz and Rewe-Zentral, 33/76, EU:C:1976:188, paragraph 5; of 8 March 2001, Metallgesellschaft and Others, C‑397/98 and C‑410/98, EU:C:2001:134, paragraph 85; of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 203, and of 6 October 2015, Târșia, C‑69/14, EU:C:2015:662, paragraphs 26 and 27). | 48. The reasons for any decision of the Council in respect of the exceptions set out in Article 4 of Regulation No 1049/2001 must be stated. | 0 |
3,058 | 30
Article 12(1)(a) of the VAT Directive refers to the supply of a building or a part of a building and the land on which its stand, made before its first occupation. Thus, those provisions, read together, make a distinction between old and new buildings, the sale of an old building not being, as a rule, subject to VAT (see, to that effect, judgment of 12 July 2012, J.J. Komen en Zonen Beheer Heerhugowaard, C‑326/11, EU:C:2012:461, paragraph 21). | 49. En effet, la compétence de la Cour dans le cadre d’un pourvoi est limitée à l’appréciation de la solution légale qui a été donnée aux moyens débattus devant les premiers juges (voir arrêt Commission/Brazzelli Lualdi e.a., précité, point 59). Partant, la Cour est uniquement compétente, dans le cadre d’une telle procédure, pour examiner si l’argumentation contenue dans le pourvoi identifie une erreur de droit dont serait entaché l’arrêt attaqué (voir, en ce sens, arrêts du 4 juillet 2000, Bergaderm et Goupil/Commission, C‑352/98 P, Rec. p. I‑5291, point 35, ainsi que du 30 septembre 2003, Eurocoton e.a./Conseil, C‑76/01 P, Rec. p. I‑10091, point 47). | 0 |
3,059 | 42. The Court may refuse to rule on a question referred for a preliminary ruling by a national court or tribunal only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 39; Case C‑390/99 Canal Satélite Digital [2002] ECR I‑607, paragraph 19; and Zurita García and Choque Cabrera , paragraph 35). | 39 Nevertheless, the Court has also stated that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Bosman, paragraph 61; Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 20; Case C-322/98 Kachelmann [2000] ECR I-7505, paragraph 17). | 1 |
3,060 | 59. The Lithuanian Government puts forward, as justification for the legislation at issue, the need to ensure road safety, about which it is not disputed that it constitutes, according to the case-law, an imperative requirement relating to the public interest capable of justifying a hindrance to the free movement of goods ( Commission v Italy , paragraph 60 and case-law cited). | 20 La constatation que le principe de non-discrimination inscrit à l' article 41, paragraphe 1, est susceptible de régir directement la situation du travailleur marocain et des membres de la famille résidant avec lui dans les États membres de la Communauté n' est, par ailleurs, pas contredite par l' examen de l' objet et de la nature de l' accord dont ce texte fait partie . | 0 |
3,061 | 65. It should be noted that, according to the Court’s case-law, the three conditions referred to in paragraph 47 of the present judgment are sufficient to give rise to a right to reparation for individuals (see Brasserie du Pêcheur and Factortame , paragraph 66, and Köbler , paragraph 57). | 57. The principle of mutual recognition, which underpins Framework Decision 2002/584, means that, in accordance with Article 1(2) thereof, the Member States are in principle obliged to act upon a European arrest warrant. Apart from the cases of mandatory non-execution laid down in Article 3 of the Framework Decision, the Member States may refuse to execute such a warrant only in the cases listed in Article 4 thereof (Case C‑388/08 PPU Leymann and Pustovarov [2008] ECR I‑0000, paragraph 51). | 0 |
3,062 | 39. Such a measure could be allowed only as a derogation expressly provided for by Article 46(1) EC or if it pursued a legitimate aim compatible with the Treaty and was justified by overriding reasons in the public interest. But even if that were so, its application would still have to be such as to ensure attainment of the aim in question and not go beyond what is necessary for that purpose (see, by analogy, Commission v Denmark , paragraph 53, and the decisions cited there).
Concerning the justification of the restriction on the free movement of persons | 61. By contrast, where it is ascertained, having regard to objective factors, that the supply is to a taxable person who knew or should have known that, by his purchase, he was participating in a transaction connected with fraudulent evasion of VAT, it is for the national court to refuse that taxable person entitlement to the right to deduct.
Costs | 0 |
3,063 | 16. However, the Court has also stated that, in exceptional circumstances, it must examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction ( Manfredi , paragraph 27). The spirit of cooperation which must prevail in preliminary ruling proceedings requires the national court for its part to have regard to the function entrusted to the Court of Justice, which is to contribute to the administration of justice in the Member States and not to give opinions on general or hypothetical questions (Case C‑144/04 Mangold [2005] ECR I‑9981, paragraph 36). | 32. Cette appréciation s’effectue, lorsqu’un créancier public octroie des facilités de paiement pour une dette qui lui est due par une entreprise, par application, en principe, du critère du créancier privé. En effet, ce critère, lorsqu’il est applicable, figure parmi les éléments que la Commission est tenue de prendre en compte pour établir l’existence d’une telle aide (arrêts du 29 avril 1999, Espagne/Commission, C‑342/96, Rec. p. I‑2459, point 46; du 29 juin 1999, DM Transport, C‑256/97, Rec. p. I‑3913, point 24; Commission/EDF, précité, points 78 et 103, ainsi que Frucona Košice/Commission, précité, point 71). | 0 |
3,064 | 19. After referring, in paragraphs 36 to 42 of the judgment under appeal, to the case-law of the Court of Justice (Case C‑40/01 Ansul [2003] ECR I‑2439) and to its own case-law and having examined, in paragraphs 43 to 53 of the same judgment, the evidence adduced by the opposing party, the Court of First Instance, in paragraph 54 of that judgment, concluded its analysis as follows:
‘It follows that the other party to the proceedings before the Board of Appeal furnished proof that sales were made, with its consent, to a Spanish customer during the period from May 1996 to May 1997 of around 300 [cases] of 12 items each of concentrated juices of various fruits, representing sales of approximately EUR 4 800. Although the scale of the use to which the earlier trade mark was put is limited and although it might be preferable to have more evidence relating to the nature of the use during the relevant period, the facts and evidence put forward by the other party to the proceedings are sufficient for a finding of genuine use. Consequently, OHIM was right to find, in the contested decision, that the earlier trade mark was put to genuine use in respect of some of the products for which it was registered, namely for fruit juices.’ | 46. In those circumstances the reply to the second question must be that it is for the national court to draw the consequences for the resolution of the dispute before it of the interpretation of the Community law concept of "genuine use" of the trade mark given in the reply to the first question referred for a preliminary ruling. | 1 |
3,065 | 77. Lastly, it is settled case-law that, when trade-marked goods have been placed on the market in the EEA by the proprietor of the trade mark or with his consent, a reseller, besides being free to resell those goods, is also free to make use of the trade mark in order to bring to the public’s attention the further commercialisation of those goods (Case C‑337/95 Parfums Christian Dior [1997] ECR I‑6013, paragraph 38, and BMW , paragraph 48). | S’agissant de la deuxième branche du quatrième moyen du pourvoi, il convient de constater que la lecture conjointe des points 268 à 272 de l’arrêt attaqué fait apparaître de façon claire et non équivoque les motifs pour lesquels le Tribunal a estimé, d’une part, que la moyenne de la valeur des ventes du groupe H&R pour les années 2002 à 2004 constituait une valeur de remplacement adéquate pour refléter l’importance économique de l’infraction reprochée ainsi que le poids relatif de l’entreprise participant à l’infraction pour toute la durée de la participation de H&R ChemPharm à celle-ci et, d’autre part, que le contexte factuel de l’affaire ayant donné lieu à l’arrêt du 11 juillet 2014, Esso e.a./Commission (T‑540/08, EU:T:2014:630), n’était pas identique à celui de la présente affaire. L’arrêt attaqué satisfait par conséquent aux exigences de motivation qui incombaient au Tribunal (voir, en ce sens, arrêt du 11 avril 2013, Mindo/Commission, C‑652/11 P, EU:C:2013:229, point 29). | 0 |
3,066 | 73. Although the appellant seeks to have the judgment under appeal set aside in its entirety or, alternatively, to have it set aside in so far as it upheld the fine imposed on the appellant or to have the fine reduced, the Court notes that it has held that, where there are no indications that the excessive length of the proceedings before the General Court affected their outcome, failure to deliver judgment within a reasonable time cannot lead to the setting aside of the judgment under appeal (see, to that effect, Der Grüne Punkt – Duales System Deutschland v Commission , paragraphs 190 and 196 and the case-law cited). | 31. In that regard, it should be borne in mind that Article 4(2) of the Directive provides only that the ‘[a]ssessment of the unfair nature’ is not to apply to the terms to which that provision relates, on condition that they are drafted in plain, intelligible language. | 0 |
3,067 | 45. With regard to the objective element, it must be apparent from a combination of objective circumstances that, despite formal observance of the conditions laid down by EU rules, the purpose of those rules has not been achieved (see SICES and Others , EU:C:2014:145, paragraph 32 and case-law cited). | 41 It follows that the expression to meet family expenses in Article 1(u)(i) of Regulation No 1408/71 is to be interpreted as referring, in particular, to a public contribution to a family's budget to alleviate the financial burdens involved in the maintenance (Unterhalt) of children. | 0 |
3,068 | 62. The Court has, it is true, acknowledged that, in order to maintain the link between the deductibility of premiums and the taxation of sums due from insurers in the implementation of insurance contracts, tax deductibility of the premiums is subject to the condition that they be paid in that State ( Bachmann , cited above, paragraphs 21 to 23; Case C-300/90 Commission v Belgium [1992] ECR I-305, paragraphs 14 to 20). | 13 It is normally for the person alleging facts in support of a claim to adduce proof of such facts. Thus, in principle, the burden of proving the existence of sex discrimination as to pay lies with the worker who, believing himself to be the victim of such discrimination, brings legal proceedings against his employer with a view to removing the discrimination. | 0 |
3,069 | 26
It should be recalled that, according to settled case-law of the Court, the right of taxable persons to deduct from the VAT which they are liable to pay the VAT due or paid on goods purchased and services received by them as inputs is a fundamental principle of the common system of VAT established by EU legislation (judgment of 13 February 2014, Maks Pen, C‑18/13, EU:C:2014:69, paragraph 23 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 |
3,070 | 33. The Court has always emphasised that the public policy exception is a derogation from the fundamental principle of freedom of movement for persons, which must be interpreted strictly, and that its scope cannot be determined unilaterally by the Member States (Case 36/75 Rutili [1975] ECR 1219, paragraph 27; Bouchereau , paragraph 33; Case C‑441/02 Commission v Germany [2006] ECR I‑3449, paragraph 34; and Commission v Netherlands , paragraph 42). | 13 IT THEREFORE FOLLOWS THAT, IN VIEW OF THE EQUALITY OF TREATMENT WHICH THE PROVISION SEEKS TO ACHIEVE, THE SUBSTANTIVE AREA OF APPLICATION MUST BE DELINEATED SO AS TO INCLUDE ALL SOCIAL AND TAX ADVANTAGES, WHETHER OR NOT ATTACHED TO THE CONTRACT OF EMPLOYMENT, SUCH AS REDUCTIONS IN FARES FOR LARGE FAMILIES . | 0 |
3,071 | 89. When such an economic entity infringes the competition rules, it falls, according to the principle of personal responsibility, to that entity to answer for that infringement. None the less, the infringement of EU competition law must be imputed unequivocally to a legal person on whom fines may be imposed and the statement of objections must be addressed to that person (see, to that effect, judgment in Akzo Nobel and Others v Commission , EU:C:2009:536, paragraphs 56 and 57 and the case-law cited). | 32
To that end, as the Advocate General observed in points 121 and 122 of his Opinion, national tax authorities are not under a general obligation to provide full access to the file or to communicate of their own motion the documents and information that support the intended decision. | 0 |
3,072 | 48. The Court has thus recognised that it is compatible with Community law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty, since such time-limits are not liable to render practically impossible or excessively difficult the exercise of rights conferred by Community law (see Case C‑255/00 Grundig Italiana [2002] ECR I‑8003, paragraph 34, and Case C‑2/06 Kempter [2008] ECR I‑411, paragraph 58, and case-law cited). As regards limitation periods, the Court has also held that, in respect of national legislation which comes within the scope of Community law, it is for the Member States to establish those periods in the light of, inter alia, the significance for the parties concerned of the decisions to be taken, the complexities of the procedures and of the legislation to be applied, the number of persons who may be affected and any other public or private interests which must be taken into consideration (see, to that effect, Case C‑349/07 Sopropé [2008] ECR I-0000, paragraph 40). | 42. Next, it must be observed that the word ‘autonomy’, according to its usual meaning in everyday language, describes the right of self‑government. | 0 |
3,073 | 27. In accordance with settled case-law, national provisions which apply to holdings by nationals of the Member State concerned in the capital of a company established in another Member State, giving them definite influence on the company’s decisions and allowing them to determine its activities, come within the substantive scope of the provisions of the EC Treaty on freedom of establishment (see, to that effect, Case C‑251/98 Baars [2000] ECR I-2787, paragraph 22; Case C-436/00 X and Y [2002] ECR I-10829, paragraph 37; and Case C-196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I-0000, paragraph 31). | 38. In those circumstances, it must be decided that no right to a tax exemption can be deduced from the provisions of the directive, particularly in regard to a specific product. | 0 |
3,074 | 39
The Court has pointed out that Article 106(2) TFEU provides, first, that undertakings entrusted with the operation of services of general economic interest are subject to the rules on competition in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them, and, secondly, that the development of trade must not be affected to an extent contrary to the interests of the Union (judgment of 20 April 2010 in Federutility and Others, C‑265/08, EU:C:2010:205, paragraph 27). | 32. Il résulte également d’une jurisprudence constante que, lorsque les États membres ont décidé de recourir à la fixation de seuils et/ou de critères, la marge d’appréciation qui leur est ainsi conférée trouve ses limites dans l’obligation, énoncée à l’article 2, paragraphe 1, de la directive 85/337, de soumettre, avant l’octroi d’une autorisation, à une étude d’incidences les projets susceptibles d’avoir des incidences notables sur l’environnement, notamment en raison de leur nature, de leurs dimensions ou de leur localisation (arrêt du 20 novembre 2008, Commission/Irlande, C-66/06, point 61 et jurisprudence citée). | 0 |
3,075 | 82
The Court has consistently held that, in order to assess whether a Member State has observed the principle of proportionality in the field of public health, account must be taken of the fact that the health and life of humans rank foremost among the assets and interests protected by the FEU Treaty and that it is for the Member States to determine the degree of protection which they wish to afford to public health and the way in which that degree of protection is to be achieved. Since the degree of protection may vary from one Member State to another, Member States must be allowed a measure of discretion (see, inter alia, judgments of 11 September 2008, Commission v Germany, C‑141/07, EU:C:2008:492, paragraph 51; of 19 May 2009, Apothekerkammer des Saarlandes and Others,C‑171/07 and C‑172/07, EU:C:2009:316, paragraph 19; of 21 June 2012, Susisalo and Others, C‑84/11, EU:C:2012:374, paragraph 28; of 5 December 2013, Venturini and Others, C‑159/12 to C‑161/12, EU:C:2013:791, paragraph 59; and of 19 October 2016, Deutsche Parkinson Vereinigung, C‑148/15, EU:C:2016:776, paragraph 30). | 108. Il résulte de l’ensemble des considérations qui précèdent qu’aucun des moyens invoqués par la requérante au soutien de son pourvoi ne saurait être accueilli et, partant, celui-ci doit être rejeté dans son intégralité.
Sur les dépens | 0 |
3,076 | 69. As regards the administrative cost, Community law requires merely that the Member State reimburse the excess amount in conformity with the rules of national law, provided that the principles of equivalence and effectiveness are respected (see to that effect, inter alia, Case C‑231/96 Edis [1998] ECR I-4951, paragraphs 19, 20 and 34, and Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051, paragraphs 17, 18 and 20). | 19 It is also clear from settled case-law that, in the absence of Community rules governing the refund of national taxes levied though not due, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, however, that such rules are not less favourable than those governing similar domestic actions and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see Rewe, paragraph 5, Comet, paragraphs 13 and 16, both cited above, and, more recently, Case C-312/93 Peterbroeck v Belgian State [1995] ECR I-4599, paragraph 12). | 1 |
3,077 | 10 It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters (Case 145/81 Hauptzollamt Hamburg-Jonas v Wünsche [1982] ECR 2493, paragraph 12; Case 40/88 Weber v Milchwerke Paderborn-Rimbeck [1989] ECR 1395, paragraph 13; and Case C-395/93 Neckermann Versand v Hauptzollamt Frankfurt am Main-Ost [1994] ECR I-4027, paragraph 5). | 26. Accordingly, the fact that the person other than the person liable to pay the tax acted in good faith, exhibiting all the due diligence of a circumspect trader, that he took every reasonable measure in his power and that his participation in fraud is excluded are important points in deciding whether that person can be obliged to account for the VAT owed (see Teleos and Others , paragraph 66, and Netto Supermarkt , paragraph 25). | 0 |
3,078 | 32. In that regard, however, it is quite obvious that the national legislation at issue in the main proceedings, relating to the possible grant of an exemption in relation to the opening periods of a pharmacy located in a specific municipal area of the municipality of Rome, cannot, in itself or by its application, affect trade between Member States within the meaning of Articles 81 EC and 82 EC (see, a contrario , Case 8/72 Vereniging van Cementhandelaren v Commission [1972] 977, paragraph 29; Case C‑179/90 Merci convenzionali porto di Genova [1991] ECR I‑5889, paragraphs 14 and 15; and Case C‑35/99 Arduino [2002] ECR I‑1529, paragraph 33). | 31 The Greek Government also contends that, notwithstanding the express provisions of Decree-Law No 1153/1972, the benefits provided for therein are not reserved for Greek nationals but, in accordance with the directly applicable provisions of Regulation No 1408/71, are also paid to Community nationals. | 0 |
3,079 | 36
The Court has held that a national measure applicable to all traders active in the national territory whose actual effect is greater on goods leaving the market of the exporting Member State than on the marketing of goods in the domestic market of that Member State is covered by the prohibition laid down by Article 35 TFEU (see, to that effect, judgment of 16 December 2008 in Gysbrechts and Santurel Inter, C‑205/07, EU:C:2008:730, paragraphs 40 to 43). | 43. Consequently, even if a prohibition such as that at issue in the main proceedings is applicable to all traders active in the national territory, its actual effect is none the less greater on goods leaving the market of the exporting Member State than on the marketing of goods in the domestic market of that Member State. | 1 |
3,080 | 34. In that regard, the Court has indeed accepted, in relation to direct taxation, that the situation of residents and the situation of non-residents in a given Member State are not generally comparable, since there are objective differences between them, both from the point of view of the source of the income and from the point of view of their ability to pay tax or the possibility of account being taken of their personal and family circumstances (see, inter alia, Schumacker , paragraphs 31 to 33, and Case C-527/06 Renneberg [2008] ECR I‑7735, paragraph 59). | 140. For the purpose of categorising a national measure as State aid, it is necessary, not to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (Case C-372/97 Italy v Commission [2004] ECR I‑3679, paragraph 44; Italy v Commission , cited in paragraph 131 above, paragraph 111, and Unicredito Ital iano , paragraph 54). | 0 |
3,081 | 35. Second, with regard to the principle of proportionality, it should be pointed out that, in the fifth recital in the preamble to Regulation No 2945/94, the legislature refers to past experience and, in particular, irregularities and fraud already recorded in the context of export refunds. The Court has already upheld the proportionate character of the sanction provided for in Article 11(1)(a) of Regulation No 3665/87, by holding that it does not infringe the principle of proportionality, since it cannot be considered to be inappropriate for attaining the objective pursued by the Community rules, namely to combat irregularities and fraud, and does not go beyond what is necessary to achieve that objective (Case C-210/00 Käserei Champignon Hofmeister , paragraph 68, and Case C-385/03 Käserei Champignon Hofmeister [2005] ECR I-2997, paragraph 31). | 55. Incidentally, it must be added that, under the national legislation at issue in the main proceedings, an association may directly represent such a consumer in any proceedings, including enforcement proceedings, if mandated to do so by the latter. | 0 |
3,082 | 55. However, the Court of Justice, which is called on to provide answers of use to the referring court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment (see, inter alia, judgment in Sokoll-Seebacher , C‑367/12, EU:C:2014:68, paragraph 40). | 55. The Commission nevertheless claims that the Kingdom of the Netherlands is hindering the free movement of goods on the ground that the identification procedure is not just a purely administrative formality, but includes the obligation to present the vehicle to the RDW, thereby allowing the inspector to check whether the vehicle is actually present in the territory of the Netherlands and corresponds to the data in the registration certificate issued by the other Member State. According to the Commission, that check, which lasts approximately 25 minutes and which cost EUR 45 at the time of the pre-litigation procedure, makes the import of vehicles into the Netherlands less attractive. | 0 |
3,083 | 12 In that respect, it should be noted that in the so-called "tourist guide" cases (Case C-154/89 Commission v France [1991] ECR I-659, paragraph 10; Case C-180/89 Commission v Italy [1991] ECR I-709, paragraph 9; and Case C-198/89 Commission v Greece [1991] ECR I-727, paragraph 10) the Court held that the provisions of Article 59 must apply in all cases where a person providing services offers those services in a Member State other than that in which he is established, wherever the recipients of those services may be established. | 31. It follows from the Court’s case-law that, in view of the objective of the protection of public health pursued by Directive 76/769, the prohibition laid down by that directive with respect to products classified as ‘toxic for reproductive purposes category 1 or toxic for reproductive purposes category 2’ must be interpreted widely and the exception laid down for ‘artists’ paints’ must be interpreted narrowly (see, to that effect, Case C-286/02 Bellio F.lli [2004] ECR I-0000, paragraph 46). | 0 |
3,084 | 41. In that regard, it should be borne in mind that, as regards customs offences, the Court has pointed out that, in the absence of harmonisation of EU legislation in that field, the Member States are competent to choose the penalties which seem appropriate to them. They must, however, exercise that competence in accordance with EU law and its general principles (see Case C-213/99 de Andrade [2000] ECR I‑11083, paragraph 20, and Hannl-Hofstetter , paragraph 18). | 28. À cet égard, il est de jurisprudence constante que, dans le cadre d’une procédure visée à l’article 267 TFUE, la Cour est uniquement habilitée à se prononcer sur l’interprétation ou la validité d’un texte de l’Union à partir des faits qui lui sont indiqués par la juridiction nationale (voir arrêts du 16 mars 1978, Oehlschläger, 104/77, Rec. p. 791, point 4; du 11 septembre 2008, Eckelkamp e.a., C‑11/07, Rec. p. I‑6845, point 52, ainsi que ordonnance du 8 novembre 2012, SKP, C‑433/11, point 24). | 0 |
3,085 | 27. The applicants in the main proceedings appealed against the orders of 4 June 2009 to the Cour de Cassation which, finding that interpretation of Articles 1 to 3 of Directive 98/59 was necessary to enable it to give judgment in the cases of which it is seised, stayed the proceedings and referred to the Court the following questions for a preliminary ruling, which are worded identically in each of the three cases:
‘(1) Are Articles 1, 2 and 3 of Directive 98/59 … to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(1)(a) and (b) of the Law … of 5 April 1993 relating to the financial sector, [as amended by the Law of 19 March 2004], in respect of which termination national legislation provides for the termination of employment contracts with immediate effect?
(2) If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59 to be interpreted as meaning that the administrator or liquidator is deemed to be in the same position as an employer who is contemplating collective redundancies and who is able to carry out, to that end, the acts referred to in Articles 2 and 3 of [that] directive and of effecting such redundancies (Case C-323/08 Rodríguez Mayor and Others [2009] ECR I-11621, paragraphs 39, 40 and 41)?’ | 39. A difference in treatment between resident subsidiary companies according to the seat of their parent company constitutes an obstacle to the freedom of establishment if it makes it less attractive for companies established in other Member States to exercise that freedom and they may, in consequence, refrain from acquiring, creating or maintaining a subsidiary in the State which adopts that measure (Case C‑324/00 Lankhorst-Hohorst [2002] ECR I‑11779, paragraph 32, and Test Claimants in the Thin Cap Group Litigation , paragraph 61). | 0 |
3,086 | 22. In the case of international agreements, it is settled that such agreements concluded by the European Union form an integral part of its legal order and can therefore be the subject of a request for a preliminary ruling. On the other hand, the Court does not, in principle, have jurisdiction to interpret, in preliminary ruling proceedings, international agreements concluded between Member States and non-member countries ( TNT Express Nederland , EU:C:2010:243, paragraphs 60 and 61 and the case-law cited). | 18THE PROPRIETOR OF A TRADE-MARK WHICH IS PROTECTED IN ONE MEMBER STATE IS ACCORDINGLY JUSTIFIED PURSUANT TO THE FIRST SENTENCE OF ARTICLE 36 IN PREVENTING A PRODUCT FROM BEING MARKETED BY A THIRD PARTY IN THAT MEMBER STATE UNDER THE MARK IN QUESTION EVEN IF PREVIOUSLY THAT PRODUCT HAS BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE UNDER ANOTHER MARK HELD IN THE LATTER STATE BY THE SAME PROPRIETOR .
| 0 |
3,087 | 28 As for the question whether the system in question may nevertheless be justified, as the Greek Government claims, under Article 36 of the Treaty, it should be recalled that, according to the case-law of the Court of Justice, national rules adopted in order to achieve one of the objectives referred to in that provision are compatible with the Treaty only in so far as they do not exceed the limits of what is appropriate and necessary in order to achieve the desired objective (see Case C-128/89 Commission v Italy [1990] ECR I-3239, paragraph 18). | 29. Ainsi, selon la jurisprudence constante de la Cour, s’agissant plus particulièrement des taxes administratives imposées par les États membres aux opérateurs titulaires de l’autorisation générale au titre de l’article 12 de la directive «autorisation», elles ne peuvent avoir pour objet que de couvrir les frais administratifs afférents à quatre activités administratives, à savoir la délivrance, la gestion, le contrôle et la mise en œuvre du régime d’autorisation générale applicable (voir, par analogie, arrêt Telefónica de España, précité, point 22). | 0 |
3,088 | 26. Directive 1999/5 confers a presumption of compliance on apparatus which bears the ‘CE’ marking. That marking attests the conformity of the apparatus with all the provisions of that directive, including the conformity assessment procedures provided for by that directive (see ATRAL , paragraph 51). | 35 As the Advocate General noted at points 25 and 26 of his Opinion, in contrast to levies designed to meet general public charges, the CSG is allocated specifically and directly to financing social security in France, the corresponding revenue being allocated to the Caisse Nationale des Allocations Familiales, the Fonds de Solidarité Vieillesse and the compulsory sickness schemes. The purpose of the CSG is therefore to finance more particularly the branches which concern old-age, survivors', sickness and family benefits, which are covered by Article 4 of Regulation No 1408/71. | 0 |
3,089 | 56
Given the nature and significance of the public interest constituted by the protection of consumers, who are in a position of weakness vis-à-vis sellers or suppliers, Directive 93/13, as is apparent from Article 7(1) thereof, read in conjunction with its twenty-fourth recital, obliges the Member States to provide for adequate and effective means ‘to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers’ (judgment of 30 April, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraph 78). | 118. Second, under Section E of that notice, it is only on its adoption of the final decision that the Commission determines whether or not the conditions set out in Sections B, C and D of that notice are met. Accordingly, the Court of First Instance did not err in law in holding that the Commission could not give the appellant any precise assurance that any reduction of fine would be granted in the phase of the procedure prior to the adoption of the final decision. | 0 |
3,090 | 25. In particular, that principle of legal certainly requires that Community rules enable those concerned to know precisely the extent of the obligations which are imposed on them (Case C‑209/96 United Kingdom v Commission [1998] ECR I‑5655, paragraph 35; Case C‑108/01 Consorzio del Prosciutto di Parma and Salumificio S. Rita [2003] ECR I‑5121, paragraph 89, and Case C‑255/02 Halifax and Others [2006] ECR I‑1609, paragraph 72). Individuals must be able to ascertain unequivocally what their rights and obligations are and take steps accordingly (Case C‑143/93 Van Es Douane Agenten [1996] ECR I‑431, paragraph 27 and Case C‑248/04 Koninklijke Coöperatie Cosun [2006] ECR I‑10211, paragraph 79). | 79. In that regard, it should be noted that the Court has consistently held that the principle of legal certainty is a fundamental principle of Community law which requires, in particular, that rules should be clear and precise, so that individuals may be able to ascertain unequivocally what their rights and obligations are and may take steps accordingly (see, in particular, Case C-143/93 Van Es Douane Agenten [1996] ECR I-431, paragraph 27, and Case C-110/03 Belgium v Commission [2005] ECR I-2801, paragraph 30). The principle of legal certainty must be observed all the more strictly in the case of a measure liable to have financial consequences (Case 326/85 Netherlands v Commission [1987] ECR 5091, paragraph 24, and Case C‑94/05 Emsland-Stärke [2006] ECR I‑2619, paragraph 43). | 1 |
3,091 | 61. Contrary to what Technopol appears to be suggesting, the fact that Article 12(b) of Regulation No 40/94 ensures that every trader may freely use indications relating to the characteristics of goods and services in no way limits the scope of Article 7(1)(c) of that regulation. On the contrary, that fact clearly discloses the need for the ground of refusal set out in Article 7(1)(c) of Regulation No 40/94 – which, moreover, is an absolute ground for refusal – to be actually applied to any sign which may designate a characteristic of the goods or the services in respect of which its registration as a mark is sought (see, to that effect, as regards Article 6 of Directive 89/104, Case C‑104/01 Libertel [2003] ECR I-3793, paragraphs 58 and 59, and, as regards Article 12 of Regulation No 40/94, Case C-64/02 P OHIM v Erpo Möbelwerk [2004] ECR I-10031, paragraph 45). | 17 Male and female workers are equally exposed to illness . Although certain disorders are, it is true, specific to one or other sex, the only question is whether a woman is dismissed on account of absence due to illness in the same circumstances as a man; if that is the case, then there is no direct discrimination on grounds of sex . | 0 |
3,092 | 60. It should be recalled, in this respect, that the Court has held that the mere requirement, for treatment planned in another Member State, of prior authorisation to which responsibility for payment by the competent institution is made subject, in accordance with the rules governing cover in force in the Member State to which that institution belongs, constitutes, both for patients and service providers, an obstacle to the freedom to provide services, since such a system deters, or even prevents, those patients from approaching providers of medical services established in a Member State to obtain the treatment in question (see, to that effect, Kohll , paragraph 35; Smits and Peerbooms , paragraph 69; Müller-Fauré and van Riet , paragraphs 41, 44 and 103; Watts , paragraph 98; and Commission v France , paragraph 32). | 64. Therefore, where the tax authority has the information necessary to establish that the taxable person is, as the recipient of the supply of services in question, liable to VAT, it cannot, in relation to the right of that taxable person to deduct that tax, impose additional conditions which may have the effect of rendering that right ineffective for practical purposes (see Bockemühl , paragraph 51). | 0 |
3,093 | 15. It is also settled case‑law that those exemptions constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another and which must be placed in the general context of the common system of VAT (Case C-240/99 Skandia [2001] ECR I-1951, paragraph 23, Arthur Andersen , paragraph 25, and Ludwig , paragraph 22). | 59. Accordingly, where the use of the PDO "Prosciutto di Parma" for ham marketed in slices is made subject to the condition that slicing and packaging operations be carried out in the region of production, this constitutes a measure having equivalent effect to a quantitative restriction on exports within the meaning of Article 29 EC.
Whether the condition that the product is sliced and packaged in the region of production is justified | 0 |
3,094 | 35. It is settled case-law that capital movements within the meaning of Article 56 EC include investments in property on the territory of a Member State by non-residents (see Case C-222/97 Trummer and Mayer [1999] ECR I-1661, paragraph 21, Case C-464/98 Stefan [2001] ECR I-173, paragraph 5, and Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraph 30). | 403. The fact that an undertaking is not rewarded for cooperation which did not allow the Commission to establish an infringement with less difficulty and, where appropriate, to put an end to it cannot be classified as a sanction additional to the punishment consisting in recognition of an aggravating circumstance. | 0 |
3,095 | 48 Since the complainants undeniably qualify as persons entitled to the benefit of the procedural guarantees in question, they must, as such, be regarded as directly and individually concerned by the contested decision. Consequently, they were entitled to seek its annulment (Cook v Commission, paragraphs 25 and 26). | 73. It is clear, as the Advocate General pointed out in paragraphs 87 to 94 of her Opinion, that the conduct of the subsidiary on the market cannot be the only factor which enables the liability of the parent company to be established, but is only one of the signs of the existence of an economic unit. | 0 |
3,096 | 34. Moreover, the existence of a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see SABEL, paragraph 22; Lloyd Schuchfabrik Meyer , paragraph 18; Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 40; order in Matratzen v OHIM, paragraph 28; Medion , paragraph 27; and Case C-206/04 P Mülhens v OHIM [2006] ECR I-2717, paragraph 18). | 57. Le couple formé par les requérants au principal a, en effet, été privé d’une partie des exemptions prévues pour les couples de résidents du fait de l’exercice, par l’un d’entre eux, de sa liberté d’établissement et en raison des modalités d’imputation du supplément de quotité de revenu exemptée d’impôt pour enfant à charge prévues par la réglementation fiscale belge (voir, en ce sens, arrêt de Groot, précité, point 87). | 0 |
3,097 | 6 The opportunity for the Member State concerned to submit its observations constitutes an essential guarantee required by the Treaty and, even if the Member State does not consider it necessary to avail itself thereof, observance of that guarantee is an essential formal requirement of the Treaty infringement procedure (ibid., paragraph 20). | 24 IT FOLLOWS THAT THE PROVISION IN QUESTION APPLIES TO ALL TENANCIES OF IMMOVABLE PROPERTY IRRESPECTIVE OF THEIR SPECIAL CHARACTERISTICS .
| 0 |
3,098 | 34. In that regard, it must, first, be pointed out that the Commission’s suggestions cannot bind the Court and merely constitute a useful point of reference (see Commission v Greece , paragraph 80, and Commission v Spain , paragraph 41). Similarly, guidelines such as those contained in the communications of the Commission are not binding on the Court but contribute to ensuring that that institution’s actions are transparent, foreseeable and consistent with legal certainty (see, to that effect, Case C‑304/02 Commission v France , paragraph 85, and Case C‑177/04 Commission v France , paragraph 70). | 44. Consequently, it cannot be inferred from Article 6(1) of Directive 2000/78 that a lack of precision in the national legislation as regards the aims which may be considered legitimate under that provision automatically excludes the possibility that the legislation may be justified under that provision (see, to that effect, Palacios de la Villa , paragraph 56). | 0 |
3,099 | 55. It must however be stated that that burden of proof cannot extend to creating the requirement that, where the competent national authorities adopt national legislation imposing a measure such as the MPU, they must prove, positively, that no other conceivable measure could enable the legitimate objective pursued to be attained under the same conditions (see, to that effect, judgment in Commission v Italy , C‑110/05, EU:C:2009:66, paragraph 66). | 25. Such a finding cannot be invalidated by the public nature of lawyers’ activities, since Article 2(c) of Directive 93/13 refers to any ‘purposes relating to his trade, business or profession, whether publicly owned or privately owned’ and as recital 14 of that directive states, it ‘also applies to trades, business or professions of a public nature’. | 0 |
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