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3,100 | 19. Moreover, as the Court has already held, the rights conferred by those provisions are intended to facilitate the free movement of persons covered by social insurance (see Case C-368/98 Vanbraekel and Others [2001] ECR I-5363, paragraph 32; Case C-326/00 IKA [2003] ECR I-1703, paragraphs 38 and 51; and Case C-56/01 Inizan [2003] ECR I-0000, paragraph 21). | 80. According to the case-law of the Court of Justice, it is only if anti-competitive conduct is required of undertakings by national legislation, or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, that Articles 81 EC and 82 EC do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings. Articles 81 EC and 82 EC may apply, however, if it is found that the national legislation leaves open the possibility of competition which may be prevented, restricted or distorted by the autonomous conduct of undertakings (Joined Cases C‑359/95 P and C‑379/95 P Commission and France v Ladbroke Racing [1997] ECR I‑6265, paragraphs 33 and 34 and the case-law cited). | 0 |
3,101 | 69. It is of course necessary for it to show why the prohibition on marketing energy drinks containing caffeine in excess of a certain limit is necessary and proportionate for public health (see to that effect Case C-420/01 Commission v Italy [2003] ECR I-6445, paragraphs 30 and 31). | 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 |
3,102 | 78. Moreover, it should be borne in mind that, although as a general rule the Community judicature undertakes a comprehensive review of the question whether or not the conditions for applying the competition provisions of the EC and ECSC Treaties are met, its review of complex economic appraisals made by the Commission is necessarily limited to verifying whether the relevant rules on procedure and on the statement of reasons have been complied with, whether the facts have been accurately stated and whether there has been any manifest error of appraisal or misuse of powers (see, to that effect, with respect to Article 85 of the EC Treaty (now Article 81 EC), Case 42/84 Remia and Others v Commission [1985] ECR 2545, paragraph 34, and Joined Cases 142/84 and 156/84 BAT and Reynolds v Commission [1987] ECR 4487, paragraph 62). | 70 The Netherlands authorities' practice of accepting a fax is clearly not compatible with that provision. It created a risk of unlawful payment of subsidies making it possible, after an inaccuracy had been found during a customs check made on the basis of a fax, for the trader to lodge another declaration containing the correct information. | 0 |
3,103 | 33. As the Court has repeatedly held, the concepts used in the Brussels Convention – and in particular those featured in Article 5(1) and (3) and Article 13 – must be interpreted independently, by reference principally to the system and objectives of the Convention, in order to ensure that it is uniformly applied in all the Contracting States (see, in particular, Case 150/77 Bertrand [1978] ECR 1431, paragraphs 14, 15 and 16; Case C-89/91 Shearson Lehman Hutton [1993] ECR I‑139, paragraph 13; Case C-269/95 Benincasa [1997] ECR I-3767, paragraph 12; Case C-99/96 Mietz [1999] ECR I-2277, paragraph 26; and Gabriel , paragraph 37). | 36
There is, moreover, nothing in the compulsory insurance directives that would limit the scope of the insurance obligation and of the protection which that obligation is intended to give to the victims of accidents caused by motor vehicles to the use of such vehicles on certain terrain or on certain roads. | 0 |
3,104 | 29. The Court has stated that only payments which are the consideration for a transaction or an economic activity come within the scope of VAT and that such is not the case in respect of payments which arise simply from ownership of the asset, as in the case of dividends or other yields from a shareholding (see, to that effect, Case C‑333/91 Sofitam [1993] ECR I‑3513, paragraph 13; Case C‑80/95 Harnas & Helm [1997] ECR I‑745, paragraph 15; and EDM , 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 |
3,105 | 67. In paragraph 184 of the judgment under appeal, the General Court rightly pointed out that where, following the annulment of a decision penalising undertakings which have infringed Article 81(1) EC because of a procedural defect concerning exclusively the procedures governing its final adoption by the College of Commissioners, the Commission is to adopt a fresh decision, with substantially the same content and based on the same objections, it is not required to conduct a new hearing of the undertakings concerned (see, to that effect, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 83 to 111). | 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 |
3,106 | 56. It is only in the absence of unifying or harmonising Community measures that it is for the Member States, which retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation, to take the measures necessary to that end by applying, in particular, the apportionment criteria followed in international tax practice, including the model conventions drawn up by the OECD (see, to that effect, Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 49 and the case-law cited). That is not the situation in the present case. | 43. Under Article 113(1) of the Rules of Procedure of the Court of Justice, applicable at the time the appeal was brought, an appeal must seek to set aside, in whole or in part, the decision of the General Court. | 0 |
3,107 | 43
The Court has held that that article must be interpreted as meaning that a provision of an act duly adopted on the basis of the EU Treaty before the entry into force of the Treaty of Lisbon, which lays down detailed rules for the adoption of other measures, continues to produce its legal effects until it is repealed, annulled or amended, and permits the adoption of those measures in accordance with the procedure which it defines (see, to that effect, judgments of 16 April 2015, Parliament v Council, C‑540/13, EU:C:2015:224, paragraph 47, and of 10 September 2015, Parliament v Council, C‑363/14, EU:C:2015:579, paragraph 70). | 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 |
3,108 | 34 With regard to the reference by the French Government to the Commission's Green Paper, suffice it also to recall that the fact that the Commission, with a view to a possible amendment to the Directive, decided to consult the interested parties as to the expediency of abolishing the threshold provided for in Article 9(b) of the Directive cannot dispense the Member States from the obligation to comply with the provision of Community law currently in force (see in particular Case C-236/88 Commission v France [1990] ECR I-3163, paragraph 19, and Commission v Greece, cited above, paragraph 26). | 81
It must be found in that regard, first, that, as is apparent from paragraphs 61 to 64 above, the prohibition on the placing on the market of tobacco products with a characterising flavour is appropriate for facilitating the smooth functioning of the internal market for tobacco and related products. | 0 |
3,109 | 32. It can be seen from the above considerations that it was on the basis of an appraisal of the facts before it that the General Court decided that, in the circumstances, the interests of Ningbo Yonghong Fasteners had not been damaged as a consequence of the three-month time-limit having achieved its intended practical effect. This means that, by the first ground of appeal, Ningbo Yonghong Fasteners is in part effectively challenging the findings of fact made by the General Court and set out in paragraphs 61 to 64 of the judgment under appeal, regarding the question whether the purpose of that time-limit had been undermined in the particular circumstances of the case. However, it is settled law that, under Article 256 TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union, an appeal lies on a point of law only, to the exclusion of any appraisal of the facts. Accordingly, that appraisal does not, save where the facts are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice (see Case C‑416/04 P Sunrider v OHIM [2006] ECR I‑4237, paragraph 49 and the case-law cited). | 49. In addition, under Article 225(1) EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal lies on a point of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts and evidence are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, inter alia, Case C‑37/03 P BioID v OHIM [2005] ECR I-7975, paragraph 43 and case-law cited). | 1 |
3,110 | 111. It is apparent from the case‑file that that argument did not expand on an argument raised previously, whether directly or by implication, in the original application which is closely connected to the original complaint. However, Articles 48(2) of the Rules of Procedure of the General Court provides that no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure (see, to that effect, the judgment of 12 November 2009 in Case C‑564/08 P SGL Carbon v Commission , not published in the ECR, paragraphs 20 to 34). | 7 IN THE PRESENT CASE THE EFFECT OF COMMUNITY LAW, DECLARED AS RES JUDICATA IN RESPECT OF THE ITALIAN REPUBLIC, IS A PROHIBITION HAVING THE FULL FORCE OF LAW ON THE COMPETENT NATIONAL AUTHORITIES AGAINST APPLYING A NATIONAL RULE RECOGNIZED AS INCOMPATIBLE WITH THE TREATY AND, IF THE CIRCUMSTANCES SO REQUIRE, AN OBLIGATION ON THEM TO TAKE ALL APPROPRIATE MEASURES TO ENABLE COMMUNITY LAW TO BE FULLY APPLIED . | 0 |
3,111 | 34 In those circumstances, contrary to the French Government's assertions it is not therefore sufficient for a Member State to take all reasonably practicable measures to achieve the result imposed by Directives 89/369 and 89/249 (see, to that effect, with regard to Directive 76/160, Commission v United Kingdom, cited above, paragraphs 42 and 44, Commission v Germany, cited above, paragraph 35, Case C-307/98 Commission v Belgium, cited above, paragraph 51, and Commission v Netherlands, cited above, paragraphs 12, 13 and 14). | 24. La circonstance que la convention litigieuse a été signée il y a plus de dix ans est sans incidence sur son caractère irrégulier au regard du droit communautaire et, par suite, sur l’impossibilité pour elle de faire naître une confiance légitime dans le chef de Maresar (voir en ce sens arrêt du 24 septembre 1998, Commission/France, C‑35/97, Rec. p. I‑5325, point 45). | 0 |
3,112 | 26. Rather, it is necessary that that public service should be provided under the control of a public authority and that that undertaking should have special powers beyond those which result from the normal rules applicable in relations between individuals (see, to that effect, Rieser Internationale Transporte , paragraphs 25 to 27). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,113 | 32. That interpretation is not called into question by paragraph 21 of the judgment in Case C‑397/07 Commission v Spain , in which the Court merely defined the scope of the complaints which had been raised by the European Commission in the case giving rise to that judgment by specifying the transactions which were, as from 1 January 1986 (the date of the Kingdom of Spain’s accession to the European Communities), mandatorily exempted from capital duty. | 16 Where a sub-buyer of goods purchased from an intermediate seller brings an action against the manufacturer for damages on the ground that the goods are not in conformity, it must be observed that there is no contractual relationship between the sub-buyer and the manufacturer because the latter has not undertaken any contractual obligation towards the former. | 0 |
3,114 | 54. It follows from Article 256 TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, merely reproduces the pleas in law and arguments previously submitted to the General Court. Such an appeal amounts in reality to no more than a request for re‑examination of the application submitted to the General Court, which the Court of Justice does not have jurisdiction to undertake (see, in particular, Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraphs 34 and 35; Case C‑76/01 P Eurocoton and Others v Council [2003] ECR I‑10091, paragraphs 46 and 47; and Case C‑280/08 P Deutsche Telekom v Commission [2010] ECR I‑0000, paragraph 24). | 59. Cela étant, dès lors qu’il est manifeste, sans que soit nécessaire la production par les parties d’éléments supplémentaires à cet égard, que le Tribunal a violé de manière suffisamment caractérisée son obligation de juger l’affaire dans un délai raisonnable, la Cour peut le relever (arrêt Deltafina, C‑578/11, EU:C:2014:1742, point 90). | 0 |
3,115 | 13 With regard to the safeguarding of public health, the Court has held (see in particular Muller, at paragraph 26, and Bellon, at paragraph 17) that the existence of a risk arising from the use of an additive must be assessed in the light of international scientific research, in particular the work of the Scientific Committee for Food, and the eating habits in the Member State concerned. | 40. As regards the issue of whether the application of a reduced rate to the transportation of a body by vehicle undermines the principle of fiscal neutrality inherent in the common system of VAT, that principle precludes treating similar goods and supplies of services, which are thus in competition with each other, differently for VAT purposes (see, inter alia, Commission v France , paragraph 25, and Zweckverband zur Trinkwasserversorgung und Abwasserbeseitigung Torgau-Westelbien , paragraph 42). | 0 |
3,116 | 45. On the contrary, the Court has held that Article 7(1) of Directive 69/335 sets out a clear and unconditional obligation, on the part of Member States, to exempt from capital duty transactions falling within the scope of that directive which, on 1 July 1984, were exempted or taxed at a rate of 0.50% or less (see Optimus — Telecomunicações EU:C:2007:366, paragraph 30, and Case C‑372/10 Pak-Holdco EU:C:2012:86, paragraph 28). That obligation as well as the other obligations flowing from Directive 69/335 has been binding on the Portuguese Republic since 1 January 1986, the date of that State’s accession to the European Union. | 29 More generally, it should be noted that, according to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force (see, in particular, Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22, and Case C-61/98 De Haan [1999] ECR I-5003, paragraph 13). | 0 |
3,117 | 57. Furthermore, the measures which the Member States may adopt under Article 273 of Directive 2006/112, in order to ensure the correct levying and collection of the tax and to prevent evasion, must not go further than is necessary to attain such objectives. Therefore, they cannot be used in such a way that they would have the effect of systematically undermining the right to deduct VAT and, consequently, the neutrality of VAT, which is a fundam ental principle of the common system of VAT (see, to that effect, inter alia, Gabalfrisa and Others , paragraph 52; Halifax and Others , paragraph 92; Case C-385/09 Nidera Handelscompagnie [2010] ECR I-10385, paragraph 49; and Dankowski , paragraph 37). | 29 The statement of objections must specify clearly the facts upon which the Commission relies and its classification of those facts. | 0 |
3,118 | 95. The objective of the regulation is to liberalise imports of products originating in non-member States. However, it does not aim to liberalise the placing on the market of those products, which takes place after import (see Case C‑296/00 Expo Casa Manta [2002] ECR I‑4657, paragraphs 30 and 31). | 30 It is apparent from the preambles to those two regulations that their objective is to liberalise imports into the Community of products coming from third countries. Thus, the fourth recital in the preamble to Regulation 519/94 states that, in order to achieve greater uniformity in the rules for imports it is necessary to eliminate the exceptions and derogations resulting from the remaining national commercial policy measures. The third recital in the preamble to Regulation 3285/94 refers to the Agreement establishing the WTO and to GATT 1994 and the Agreement on Safeguards also contained in Annex 1A thereto. In the light of those new multilateral rules, according to the sixth recital in the preamble to Regulation 3285/94, the common rules for imports should be made clearer and, if necessary, amended, particularly where the application of safeguard measures is concerned. The fifth recital in the preamble to Regulation 519/94 and the seventh recital in the preamble to Regulation 3285/94 state that the starting point for the common rules for imports is liberalisation of imports, namely the absence of any quantitative restrictions. | 1 |
3,119 | 64
In that regard, it has been held that public authorities are bound, when they envisage granting a concession which is outside the scope of the directives on the various categories of public contracts, to comply with the fundamental rules of the TFEU, in general, and the principle of non-discrimination, in particular, (see, to that effect, judgment of 17 July 2008 in ASM Brescia, C‑347/06, EU:C:2008:416, paragraphs 57 and 58 and the case-law cited). | 41. Next, it should be noted that Article 4 of Directive 2001/14 establishes a division of powers as between Member States and infrastructure managers with regard to charging schemes: the Member States are to establish a charging framework, while the determination and collection of the charge are tasks to be performed by the infrastructure manager. | 0 |
3,120 | 33. For the purpose of such an interpretation, the Court has already held, in a case concerning an application for registration of a trade mark brought by a retail trader, that services provided in connection with retail trade of goods can constitute services. The retail trade of goods includes, in addition to the sale itself of those goods, other activities of the retail trader, such as selecting an assortment of goods offered for sale and a variety of services aimed at inducing the consumer to purchase those goods from the trader in question rather than from a competitor (see, to that effect, Praktiker Bau- und Heimwerkermärkte EU:C:2005:425, paragraphs 34, 39 and 52). | 33. A body which is established in one Member State but satisfies the conditions laid down in another Member State for the grant of tax advantages, is, as regards the grant by the latter Member State of tax advantages intended to encourage the charitable activities concerned, in a situation which is comparable to that of the bodies established in the latter Member State which are recognised as having charitable purposes (see, to that effect, Persche , paragraph 50). | 0 |
3,121 | 29
The limit is therefore one which is uniformly applicable to all undertakings and arrived at according to the size of each of them, and seeks to ensure that the fines are not excessive or disproportionate. That upper limit thus has a distinct and autonomous objective by comparison with the criteria of gravity and duration of the infringement (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 281 and 282, and of 12 July 2012, Cetarsa v Commission, C‑181/11 P, not published, EU:C:2012:455, paragraph 83). | 57. Consequently, this ground of appeal must be rejected as ineffective.
The fourth ground of appeal
Arguments of the parties | 0 |
3,122 | 36. It should be added that in order to assess the degree of similarity between the marks concerned, it is necessary to determine the degree of visual, aural or conceptual similarity between them and, where appropriate, to assess the importance to be attached to those various factors, taking account of the category of goods or services in question and the circumstances in which they are marketed (see Lloyd Schuhfabrik Meyer , paragraph 27). | 41. In that regard, it is necessary to take into consideration the fact that the essential reason for conferring exclusive jurisdiction on the courts of the Contracting State in which the property is situated is that the courts of the locus rei sitae are the best placed, for reasons of proximity, to ascertain the facts satisfactorily and to apply the rules and practices which are generally those of the State in which the property is situated ( Reichert and Kockler , paragraph 10). | 0 |
3,123 | 60. From that perspective, it must be held, as the Advocate General noted in point 83 of her Opinion, that the extent of the obligation to give reasons may vary according to the nature of the decision and must be examined, in the light of the proceedings taken as a whole and all the relevant circumstances, taking account of the procedural guarantees surrounding that decision, in order to ascertain whether the latter ensure that the persons concerned have the possibility to bring an appropriate and effective appeal against that decision (see, to that effect, Case C-341/04 Eurofood IFSC [2006] ECR I-3813, paragraph 66, and Gambazzi , paragraphs 40, 45 and 46). | 71
However, in so far as concerns land classified as an SPA, Article 7 of the Habitats Directive provides that the obligations arising under the first sentence of Article 4(4) of the Birds Directive are replaced, inter alia, by the obligations arising under Article 6(2) of the Habitats Directive as from the date of implementation of the Habitats Directive or the date of classification under the Birds Directive, where the latter date is later (judgment of 18 December 2007, Commission v Spain, C‑186/06, EU:C:2007:813, paragraph 28 and the case-law cited). | 0 |
3,124 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 26 General rule 2(a) requires that the determining criterion for classification be that of the essential character of the complete or finished article, regardless of the form in which it is presented, which may be incomplete, unfinished or unassembled. | 0 |
3,125 | 10. In that connection it must be recalled, first of all, that according to settled case-law the subject-matter of an action brought under Article 226 EC is determined by the Commission’s reasoned opinion (see Case C-29/90 Commission v Greece [1992] ECR I-1971, paragraph 12, and Case C-280/89 Commission v Ireland [1992] ECR I-6185, paragraph 7), so that the action must be based on the same grounds and pleas as the reasoned opinion (see Case C-456/03 Commission v Italy [2005] ECR I-5335, paragraph 35 and the case-law cited, and Case C-33/04 Commission v Luxembourg [2005] ECR I-10629, paragraph 36). | 45 It follows from those judgments that the fact that an undertaking is engaged in non-profit-making activities is not in itself sufficient to deprive such activities of their economic character or to remove the undertaking from the scope of the directive. | 0 |
3,126 | 42. D’emblée, il convient de rappeler que l’intérêt à agir d’un requérant doit, au vu de l’objet du recours, exister au stade de l’introduction de celui-ci sous peine d’irrecevabilité. Cet objet du litige doit perdurer, tout comme l’intérêt à agir, jusqu’au prononcé de la décision juridictionnelle sous peine de non-lieu à statuer, ce qui suppose que le recours soit susceptible, par son résultat, de procurer un bénéfice à la partie qui l’a intenté (voir, en ce sens, arrêt du 24 juin 1986, AKZO Chemie/Commission, 53/85, Rec. p. 1965, point 21, ainsi que, par analogie, arrêts du 19 octobre 1995, Rendo e.a./Commission, C‑19/93 P, Rec. p. I‑3319, point 13, et du 13 juillet 2000, Parlement/Richard, C‑174/99 P, Rec. p. I‑6189, point 33). | 36. As regards the assessment of the distinctive character of such marks, the Court has already held that it is inappropriate to apply to slogans criteria which are stricter than those applicable to other types of sign ( OHIM v Erpo Möbelwerk , paragraphs 32 and 44). | 0 |
3,127 | 49
Relying, in particular, on the case-law arising from the judgments of 16 November 2000, Weig v Commission (C‑280/98 P, EU:C:2000:627, paragraphs 52 to 68), and of 16 November 2000, Sarrió v Commission (C‑291/98 P, EU:C:2000:631, paragraphs 91 to 100), the appellant submits that there are numerous precedents in which the Court of Justice considered that it had to set aside the judgment of the General Court in so far as it had used a different calculation method, when reviewing fines, from that used by the Commission or by the General Court itself with regard to other undertakings implicated in the infringement at issue. Although it is true that the Court of Justice has already held, in particular in paragraph 181 of its judgment of 10 July 2014, Telefónica and Telefónica de España v Commission (C‑295/12 P, EU:C:2014:2062), that the Commission is not required to indicate the figures relating to the method of calculating the fines, it nevertheless pointed out that it is, at the very least, ‘preferable’ that the mechanism used to set the amount of the fine be given. | 36 The answer to the first part of the question, as recast above, is therefore that Article 1(1) of the Directive is to be interpreted as meaning that the Directive applies where a company in voluntary liquidation transfers all or part of its assets to another company from which the worker then takes his orders which the company in liquidation states are to be carried out.
The worker's right to object to the transfer of his contract of employment or employment relationship | 0 |
3,128 | 37 It follows, however, from the Court' s case-law that national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by imperative requirements in the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain it (see Case C-19/92 Kraus v Land Baden-Wuerttemberg [1993] ECR I-1663, paragraph 32). | 14THE GUARANTEE OF ORIGIN WOULD IN FACT BE JEOPARDIZED IF IT WERE PERMISSIBLE FOR A THIRD PARTY TO AFFIX THE MARK TO THE PRODUCT , EVEN TO AN ORIGINAL PRODUCT .
| 0 |
3,129 | 34. Moreover, where a decision concerning the application of European Union competition rules affects several addressees and relates to the attribution of liability for the infringement, the decision must contain an adequate statement of reasons with respect to each of the addressees, in particular those who, according to that decision, must bear the liability for the infringement. Accordingly, with regard to a parent company held responsible for the unlawful conduct of its subsidiary, such a decision must, as a general rule, contain a statement of reasons capable of justifying the attribution of liability for that infringement to the parent company ( Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 75). | 48. It follows that Regulation No 3921/91 does not govern the conditions for access by non-Community carriers to the national transport of goods or passengers by inland waterway in a Member State. | 0 |
3,130 | 75. Il résulte de cette définition, lue en combinaison avec le seizième considérant de la directive 2004/17, qu’un contrat ne saurait être considéré comme un marché de travaux que si son objet concerne spécifiquement des activités visées à l’annexe XII de cette directive (voir par analogie, s’agissant de la directive 93/37, arrêt du 21 février 2008, Commission/Italie, C-412/04, Rec. p. I-619, point 46). | 43. Ainsi, la liberté d’établissement comprend, pour les sociétés constituées en conformité avec la législation d’un État membre ou avec celle d’un État tiers partie à l’accord EEE et ayant leur siège statutaire, leur administration centrale ou leur principal établissement au sein de l’Union ou d’un État tiers partie à cet accord, le droit d’exercer leur activité dans d’autres États membres ou dans d’autres États tiers parties audit accord par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir, en ce sens, arrêt Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 28 et jurisprudence citée). | 0 |
3,131 | 189. As the General Court observed at paragraph 425 of the judgment under appeal, the Court has consistently held that the Commission’s practice in previous decisions does not itself serve as a legal framework for the fines imposed in competition matters and that decisions in other cases can give only an indication for the purpose of determining whether there is discrimination (Case C‑549/10 P Tomra Systems and Others v Commission EU:C:2012:221, paragraph 104 and the case‑law cited). | 104. It must be recalled that the Court has repeatedly held that the Commission’s practice in previous decisions does not itself serve as a legal framework for the fines imposed in competition matters and that decisions in other cases can give only an indication for the purpose of determining whether there is discrimination (see Case C‑167/04 P JCB Service v Commission [2006] ECR I‑8935, paragraph 205, and Joined Cases C‑125/07 P, C‑133/07 P, C‑135/07 P and C‑137/07 P Erste Group Bank and Others v Commission [2009] ECR I‑8681, paragraph 233). | 1 |
3,132 | 88. Secondly, it should be noted that the requirement that the procedure be inter partes is not an absolute criterion (See Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 31). | 14 It follows that a supply of services is effected "for consideration" within the meaning of Article 2(1) of the Sixth Directive, and hence is taxable, only if there is a legal relationship between the provider of the service and the recipient pursuant to which there is reciprocal performance, the remuneration received by the provider of the service constituting the value actually given in return for the service supplied to the recipient. | 0 |
3,133 | 29. As the Advocate General has noted at point 25 of his Opinion, measures which are capable of deterring an operator from exercising his freedom to provide services are covered by the prohibition thus laid down in the EC Treaty (see, to that effect, Case C‑17/00 De Coster [2001] ECR I‑9445, paragraph 33; Case C‑289/02 AMOK [2003] ECR I‑15059, paragraph 36; and Case C‑8/02 Leichtle [2004] ECR I‑2641, paragraph 32). | 40. Account must also be taken of the explanatory notes to the CN and to the HS which, in accordance with the Court’s settled case-law, are, for their part, an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see, inter alia, judgment in Sunshine Deutschland Handelsgesellschaft , C‑229/06, EU:C:2007:239, paragraph 27). | 0 |
3,134 | 40 However, it must be borne in mind that, as the Court has consistently held, the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the EC Treaty (now Article 10 EC) to take all appropriate measures, whether general or particular, is binding on all the authorities of Member States, including, for matters within their jurisdiction, the courts (Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 26; Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 8; and Case C-91/92 Faccini Dori v Recreb [1994] ECR I-3325, paragraph 26). When applying national law, whether adopted before or after the directive, the national court which has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the Treaty (Marleasing, paragraph 8; Case C-334/92 Wagner Miret v Fondo de Garantía Salarial [1993] ECR I-6911, paragraph 20; and Faccini Dori, paragraph 26). | 43. Une législation nationale, telle que celle en cause au principal, qui a pour effet de réduire la période pendant laquelle peuvent être introduits des recours en vue de demander la restitution de l’indu, de six ans à compter de la découverte de l’erreur à l’origine du paiement de l’impôt indu à six ans à compter du jour du paiement de celui-ci, en prévoyant qu’un tel effet s’applique immédiatement à toutes les demandes introduites après la date d’adoption de cette législation ainsi qu’aux demandes introduites entre cette dernière date et une date antérieure, correspondant en l’occurrence à la date à laquelle la proposition d’adoption de cette législation a été annoncée, qui constitue la date d’entrée en vigueur de ladite législation, ne satisfait pas à l’exigence d’un régime transitoire. Une telle législation rend impossible en pratique l’exercice d’un droit au remboursement d’impôts indûment versés dont les contribuables disposaient précédemment. Il s’ensuit qu’une législation nationale telle que celle en cause au principal doit être considérée comme étant incompatible avec le principe d’effectivité.
Sur les principes de sécurité juridique et de protection de la confiance légitime | 0 |
3,135 | 44 It must therefore be considered whether the derogation from the rules of the Treaty provided for in Article 90(2) of the Treaty may fall to be applied. To that end, it must be determined whether the mooring service can be regarded as a service of general economic interest within the meaning of that provision and, if so, first, whether performance of that particular task can be assured only through services for which the charge is higher than their actual cost and for which the tariff varies from one port to another, and, secondly, whether the development of trade is not affected to such an extent as would be contrary to the interests of the Community (see, to that effect, Case C-157/94 Commission v Netherlands [1997] ECR I-5699, paragraph 32). | 18. La Cour a également jugé que, bien que le paragraphe 1, sous b), de l’article 346 TFUE fasse état de mesures qu’un État membre peut estimer nécessaires à la protection des intérêts essentiels de sa sécurité, celui-ci ne saurait toutefois être interprété de manière à conférer aux États membres le pouvoir de déroger aux dispositions du traité FUE par la seule invocation desdits intérêts (voir arrêt du 15 décembre 2009, Commission/Finlande, C‑284/05, Rec. p. I‑11705, point 47). | 0 |
3,136 | 32. Thus, although Member States are free, within the framework of Directive 80/987, not to provide in national law a guarantee of payment of compensation for dismissal (as the first paragraph of Article 3 of that directive contains no obligation to that effect), rules of national law which do provide for such a guarantee fall, with effect from 8 October 2002 – the date of the entry into force of Directive 2002/74 – within the scope of Community law as regards their application to events subsequent to that date (see, to that effect, Case C-81/05 Cordero Alonso [2006] ECR I-7569, paragraphs 31 and 32). For that reason, the lawfulness of such rules are conditional, from that date, upon their compliance with the general principles and fundamental rights whose observance the Court ensures and within which the general principle of equal treatment and non-discrimination features prominently ( Rodríguez Caballero , paragraphs 31 and 32). | 56. In that regard, suffice it to note that the use, by a third party, of a sign identical with, or similar to, the proprietor’s trade mark implies, at the very least, that that third party uses the sign in its own commercial communication. A referencing service provider allows its clients to use signs which are identical with, or similar to, trade marks, without itself using those signs. | 0 |
3,137 | 24 First of all, it is settled case-law that the principle that a State may incur liability for loss and damage caused to individuals as a result of breaches of Community law for which it can be held responsible is inherent in the system of the Treaty (see, in particular, Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraph 31; Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94 Dillenkofer and Others [1996] ECR I-4845, paragraph 20; and Joined Cases C-283/94, C-291/94 and C-292/94 Denkavit and Others [1996] ECR I-5063, paragraph 47). | 50. Dans ce contexte, les propositions de la Commission ne sauraient lier la Cour et ne constituent que des indications (arrêt Commission/Luxembourg, C‑576/11, EU:C:2013:773, point 60). De même, les lignes directrices, telles que celles contenues dans les communications de la Commission, ne lient pas la Cour, mais contribuent à garantir la transparence, la prévisibilité et la sécurité juridique de l’action menée par la Commission (arrêt Commission/Suède, C‑270/11, EU:C:2013:339, point 41 et jurisprudence citée). | 0 |
3,138 | 16. It should be noted that the Court has consistently held that the second subparagraph of Article 34(2) EC, which prohibits all discrimination in the context of the common agricultural policy, is merely a specific expression of the general principle of equal treatment, which requires that comparable situations not be treated differently and different situations not be treated alike unless such treatment is objectively justified (see, inter alia, Case 203/86 Spain v Council [1988] ECR 4563, paragraph 25, Case C-15/95 EARL de Kerlast [1997] ECR I-1961, paragraph 35, Case C-292/97 Karlsson and Others [2000] ECR I-2737, paragraph 39, and Case C-14/01 Niemann [2003] ECR I-2279, paragraph 49). | 17. Accordingly, where the anti-competitive object of the agreement is established it is not necessary to examine its effects on competition. Where, however, an analysis of the content of the agreement does not reveal a sufficient degree of harm to competition, the effects of the agreement should then be considered and, for it to be caught by the prohibition, it is necessary to find that factors are present which show that competition has in fact been prevented or restricted or distorted to an appreciable extent (judgment in Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 34; see, to that effect, judgments in CB v Commission , C‑67/13 P, EU:C:2014:2204, paragraph 52, and Dole Food and Dole Fresh Fruit Europe v Commission , C‑286/13 P, EU:C:2015:184, paragraph 116). | 0 |
3,139 | 22 In the judgments in Schwiering v Court of Auditors, cited above, at paragraphs 11 and 12, and Hoyer v Court of Auditors, cited above, at paragraphs 12 and 13, the Court held that although the appointing authority had no power to annul or amend a decision taken by a selection board, it was required, in exercising its own powers, to take decisions free of irregularities. It could not therefore be bound by decisions of the selection board where the illegality of those decisions was liable to vitiate its own decisions. | 39 It is likewise not possible to accept the French Government's argument that it embarked upon a vigorous programme to comply with the rules laid down by Directives 89/369 and 89/429, enabling the number of plants not complying with those rules to be reduced from 40 in December 1996 to seven at the end of 1999. It is common ground that the French Government established and then implemented that programme from the end of 1996 only, that is to say six years after the time-limit for implementing Directive 89/429 expired. Accordingly, the measures adopted by the French Government were belated and they cannot be relied on in order to justify the failure to fulfil obligations. | 0 |
3,140 | 33 As the Court has held on several occasions, a comparison of the national systems shows that the problem of disputing charges which have been unlawfully claimed or refunding charges which have been paid when not due is settled in different ways in the various Member States, and even within a single Member State, according to the various kinds of taxes or charges in question. In certain cases, objections or claims of this type are subject to specific procedural conditions and time-limits under the law with regard both to complaints submitted to the tax authorities and to legal proceedings. In other cases, claims for repayment of charges which were paid but not due must be brought before the ordinary courts, mainly in the form of claims for the refunding of sums paid but not owed, such actions being available for varying lengths of time, in some cases for the limitation period laid down under the general law (see Case 68/79 Just v Ministry for Fiscal Affairs [1980] ECR 501, paragraphs 22 and 23; Denkavit Italiana, cited above, paragraphs 23 and 24; Case 811/79 Amministrazione delle Finanze dello Stato v Ariete [1980] ECR 2545, paragraphs 10 and 11, and Case 826/79 Amministrazione delle Finanze dello Stato v Mireco [1980] ECR 2559, paragraphs 11 and 12). | 29 It is true that, in ERT, cited above, the Court held that the articles of the Treaty relating to the free movement of goods do not preclude the granting to a single undertaking of exclusive rights relating to television broadcasting and the granting for that purpose of exclusive authority to import, hire or distribute material and products necessary for that broadcasting, provided that no discrimination is thereby created between domestic products and imported products to the detriment of the latter. | 0 |
3,141 | 25. In the case in the main proceedings, it must be pointed out, as did the national court, that, in accordance with settled case-law, the sale of shares does not in itself constitute an economic activity within the meaning of the Sixth Directive and does not therefore fall within its scope (see, inter alia, Case C-155/94 Wellcome Trust [1996] ECR I‑3013, paragraphs 33 to 37; EDM , paragraphs 57 to 62; and Kretztechnik , paragraph 19). | 81. Quant à l’argument tiré de prétendues difficultés excessives pour établir le montant exact de l’aide à récupérer, il convient de constater qu’il vise, en réalité, à remettre en cause l’appréciation des éléments de fait et ceux afférents à la preuve telle qu’opérée par le Tribunal. Or, conformément aux articles 256, paragraphe 1, TFUE et 58, premier alinéa, du statut de la Cour, le pourvoi est limité aux questions de droit. Le Tribunal est, dès lors, seul compétent pour constater et apprécier les faits pertinents ainsi que pour examiner les éléments de preuve, sous réserve du cas de la dénaturation manifeste de ces faits et de ces éléments de preuve (voir, notamment, arrêt du 13 juin 2013, Ryanair/Commission, C-287/12 P, point 78 et jurisprudence citée). | 0 |
3,142 | 28. As the Court has held on several occasions, the right to an effective judicial remedy is a general principle of Community law which underlies the constitutional traditions common to the Member States (Case 222/84 Johnston [1986] ECR 1651, paragraph 18). Since the Association Agreement is an integral part of the Community legal order, it is therefore for the competent authorities of the Member States to uphold the right to an effective legal remedy in respect of the application of the customs scheme provided for by that agreement (see, to that effect, Case 12/86 Demirel [1987] ECR 3719, paragraphs 7 and 28). | 114. The adoption and implementation of such a programme thus do not permit the Member States to adopt a budgetary policy which fails to take account of the fact that they will be compelled, in the event of a deficit, to seek financing on the markets, or result in them being protected against the consequences which a change in their macroeconomic or budgetary situation may have in that regard. | 0 |
3,143 | 34. With regard, first, to the distinguishing criterion based on residence, this in fact leads to the same result as discrimination based on nationality, since it is liable to operate mainly to the detriment of nationals of other Member States, as non-residents are in the majority of cases foreign nationals (see, inter alia, to that effect, Case C-224/97 Ciola [1999] ECR I-2517, paragraph 14; Case C-388/01 Commission v Italy [2003] ECR I‑721, paragraph 14; and Case C-209/03 Bidar [2005] ECR I‑2119, paragraph 53). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,144 | 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). | 45. However, in the present case it must be found that, as the Advocate General observed in point 72 of his Opinion, the predominant function of the benefits at issue in the main proceedings is in fact to cover the minimum subsistence costs necessary to lead a life in keeping with human dignity. | 0 |
3,145 | 94. However, the General Court has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. The appraisal of the facts thus does not, save where the clear sense of the evidence before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Joined Cases C‑280/99 P to C‑282/99 P Moccia Irme and Others v Commission [2001] ECR I‑4717, paragraph 78, 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, paragraphs 48 and 49). | 19. Arnold André is a company established in Germany which markets cigars, pipe tobacco and traditional Swedish tobacco for oral use called ‘snus’. Snus is finely ground or cut tobacco sold loose or in small sachet portions and intended to be consumed by placing between the gum and the lip. | 0 |
3,146 | 41 Third, with regard to the concern to prevent fraud during transport within the territory of the exporting Member State, it must be borne in mind that although national authorities are free to use all the appropriate methods which their law provides to prevent the fraudulent evasion of Community rules, this cannot apply where the national law is based on criteria which do not conform to the system of guarantees and proof introduced by the Community rules (see the judgment in Case 39/70 Norddeutsches Vieh- und Fleischkontor v Hauptzollamt Hamburg-St Annen [1971] ECR 49, paragraph 5). | 88. Likewise, such an abuse might lie in the imposition of a price which is excessive in relation to the economic value of the service provided ( Kanal 5 and TV 4 , paragraph 28). | 0 |
3,147 | 34. La Cour a encore précisé que doivent être qualifiées de «restrictions» au sens de l’article 56, paragraphe 1, CE des mesures nationales qui sont susceptibles d’empêcher ou de limiter l’acquisition d’actions dans les sociétés concernées ou qui sont susceptibles de dissuader les investisseurs des autres États membres d’investir dans le capital de celles-ci (voir arrêts du 4 juin 2002, Commission/Portugal, C‑367/98, Rec. p. I‑4731, point 45; du 13 mai 2003, Commission/Espagne, précité, point 61, ainsi que Commission/Allemagne, précité, point 19). | 45 Even though the rules in issue may not give rise to unequal treatment, they are liable to impede the acquisition of shares in the undertakings concerned and to dissuade investors in other Member States from investing in the capital of those undertakings. They are therefore liable, as a result, to render the free movement of capital illusory (see, in that regard, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraph 25, and Case C-302/97 Konle [1999] ECR I-3099, paragraph 44). | 1 |
3,148 | 21 The provisions of Section 1 of Chapter II of Decision No 1/80, of which Article 6 forms part, thus constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the Treaty. The Court has accordingly considered it essential to extend, so far as possible, the principles enshrined in those Treaty articles to Turkish workers who enjoy the rights conferred by Decision No 1/80 (see the judgments in Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14, 19 and 20, and Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraph 20). | 12. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9, et du 4 décembre 2008, Commission/Royaume-Uni, C‑247/07, point 5). | 0 |
3,149 | 17. Where questions submitted by national courts concern the interpretation of a provision of Community law, the Court is thus bound, in principle, to give a ruling unless it is obvious that the request for a preliminary ruling is in reality designed to induce the Court to give a ruling by means of a fictitious dispute, or to deliver advisory opinions on general or hypothetical questions, or that the interpretation of Community law requested bears no relation to the actual facts of the main action or its purpose, or that 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 BIAO , paragraph 89, and Confederación Española de Empresarios de Estaciones de Servicio , paragraph 17). | 41. Il importe également de souligner que l’application des règles de l’Union en matière d’aides d’État repose sur une obligation de coopération loyale entre, d’une part, les juridictions nationales et, d’autre part, la Commission et les juridictions de l’Union, dans le cadre de laquelle chacun agit en fonction du rôle qui lui est assigné par le traité. Dans le cadre de cette coopération, les juridictions nationales doivent prendre toutes mesures générales ou particulières propres à assurer l’exécution des obligations découlant du droit de l’Union et de s’abstenir de celles qui sont susceptibles de mettre en péril la réalisation des buts du traité, ainsi qu’il découle de l’article 4, paragraphe 3, TUE. Ainsi, les juridictions nationales doivent, en particulier, s’abstenir de prendre des décisions allant à l’encontre d’une décision de la Commission, même si elle revêt un caractère provisoire. | 0 |
3,150 | 74. In that regard, it should be borne in mind that, in order to attain the objective pursued by the contested acts, the restrictive measures in question must, by their very nature, have a surprise effect. For that reason, the Council was not obliged to hear Ms Bamba before her name was included for the first time in the lists in question (see, to that effect, 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, paragraphs 340 and 341, and Case C‑27/09 P France v People’s Mojahedin Organization of Iran [2011] ECR I‑13427, paragraph 61). | 49. According to the Court, in view of the objectives pursued by the framework agreement, as recalled in the preceding two paragraphs, clause 4 thereof must be interpreted as articulating a principle of EU social law which cannot be interpreted restrictively (see Del Cerro Alonso , paragraph 38, and Impact , paragraph 114). | 0 |
3,151 | 20
In the second place, according to settled case-law, in interpreting a provision of EU law, it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it forms part (see, to that effect, judgments in St. Nikolaus Brennerei und Likörfabrik, 337/82, EU:C:1984:69, paragraph 10; VEMW and Others, C‑17/03, EU:C:2005:362, paragraph 41; and Eschig, C‑199/08, EU:C:2009:538, paragraph 38). | 111. As regards specifically the Netherlands system of health insurance, in issue in the cases giving rise to the Smits and Peerbooms judgment, the Court acknowledged in paragraph 81 thereof that, if patients were at liberty, regardless of the circumstances, to use the services of hospitals with which their health insurance fund had no agreement, whether those hospitals were situated in the Netherlands or in another Member State, all the planning which goes into the system of agreements in an effort to guarantee a rationalised, stable, balanced and accessible supply of hospital services would be jeopardised at a stroke. | 0 |
3,152 | 35. That finding is also corroborated by the case-law of the Court of Justice on mutual assistance between the competent authorities in the area of direct taxation, which is transposable by analogy to a situation such as that in the main proceedings. According to that case-law, the mutual assistance directive may be relied on by a Member State in order to obtain from the competent authorities of another Member State all the information enabling it to ascertain the correct amount of tax. There is, however, nothing to prevent the tax authorities concerned from requiring the taxpayer himself to provide such proof as they may consider necessary in order to determine whether or not the deduction requested should be granted (see, to that effect, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 26; Case C-136/00 Danner [2002] ECR I-8147, paragraphs 49 and 50). | 48 Therefore, the right conferred upon the trade mark owner to oppose any use of the trade mark which is liable to impair the guarantee of origin so understood forms part of the specific subject-matter of the trade mark right, the protection of which may justify derogation from the fundamental principle of the free movement of goods (Hoffmann-La Roche, paragraph 7; Pfizer, paragraph 9). | 0 |
3,153 | 33 As the Court has held on several occasions, a comparison of the national systems shows that the problem of disputing charges which have been unlawfully claimed or refunding charges which have been paid when not due is settled in different ways in the various Member States, and even within a single Member State, according to the various kinds of taxes or charges in question. In certain cases, objections or claims of this type are subject to specific procedural conditions and time-limits under the law with regard both to complaints submitted to the tax authorities and to legal proceedings. In other cases, claims for repayment of charges which were paid but not due must be brought before the ordinary courts, mainly in the form of claims for the refunding of sums paid but not owed, such actions being available for varying lengths of time, in some cases for the limitation period laid down under the general law (see Case 68/79 Just v Ministry for Fiscal Affairs [1980] ECR 501, paragraphs 22 and 23; Denkavit Italiana, cited above, paragraphs 23 and 24; Case 811/79 Amministrazione delle Finanze dello Stato v Ariete [1980] ECR 2545, paragraphs 10 and 11, and Case 826/79 Amministrazione delle Finanze dello Stato v Mireco [1980] ECR 2559, paragraphs 11 and 12). | 59. Second, it is settled case‑law that the risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion within the meaning of that provision (see, inter alia, Case C‑342/97 Lloyd Schuhfabrik Meyer [1999] ECR I‑3819, paragraph 17, and Medion , paragraph 26). Thus, use of a sign which is identical with, or similar to, the trade mark which gives rise to a likelihood of confusion on the part of the public affects or is liable to affect the essential function of the mark. | 0 |
3,154 | 18. As a preliminary point, it should be recalled that, according to settled case-law of the Court, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied on before the national courts by individuals against the State where the latter has failed to implement the directive in domestic law by the end of the period prescribed or where it has failed to implement the directive correctly (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 25, and Case C‑282/10 Dominguez [2012] ECR, paragraph 33 and the case-law cited). | 22 THE SYSTEM ADOPTED FOR THE RELATIONS BETWEEN THE BANK AND ITS EMPLOYEES IS THUS CONTRACTUAL AND IS ACCORDINGLY FOUNDED ON THE PRINCIPLE THAT INDIVIDUAL CONTRACTS CONCLUDED BETWEEN THE BANK AND EACH OF ITS EMPLOYEES CONSTITUTE THE OUTCOME OF AN AGREEMENT RESTING ON MUTUAL CONSENT .
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3,155 | 69. Moreover, according to consistent case-law, where a company has a shareholding in another company which gives it definite influence over that company’s decisions and allows it to determine that company’s activities, it is the provisions of the Treaty on the freedom of establishment that are to be applied (see, inter alia, Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 31; Test Claimants in Class IV of the ACT Group Litigation , paragraph 39; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 27; Oy AA , paragraph 20; Case C‑112/05 Commission v Germany [2007] ECR I‑8995, paragraph 13; and Case C‑298/05 Columbus Container Services [2007] ECR I‑0000, paragraph 29). | 55. It must be borne in mind that those conditions are cumulative in the sense that non-compliance with any one of them will lead to the act of reproduction not being exempted pursuant to Article 5(1) of Directive 2001/29 from the reproduction right provided for in Article 2 of that directive. | 0 |
3,156 | 77. Furthermore, the exercise of a fundamental freedom for the purpose of benefiting from the more favourable legislation of another Member State does not in itself suffice to constitute abuse of that freedom (see, to that effect, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas EU:C:2006:544, paragraph 37). | 52 It follows that all the international commitments challenged in the principal claim must be assessed in relation to the provisions of Community law cited by the Commission in support of that claim which were in force at the time when those commitments were entered into or confirmed, namely, in any event, in 1995. | 0 |
3,157 | 14 Those provisions are sufficiently precise and unconditional to enable the national court to determine whether or not a person should be regarded as a person intended to benefit under the directive. A national court need only verify whether the person concerned is an employed person under national law and whether he is excluded from the scope of the directive in accordance with Article 1(2) and Annex 1 (as to the necessary conditions for such exclusion, see the judgments in Case 22/87 Commission v Italy, cited above, paragraphs 18 to 23, and Case C-53/88 Commission v Greece [1990] ECR I-3917, paragraphs 11 to 26), and then ascertain whether one of the situations of insolvency provided for in Article 2 of the directive exists. | 46. En l’espèce, il convient de rappeler que la République italienne a fait elle-même le choix d’une gestion des déchets à l’échelle de la région de Campanie en tant qu’«aire territoriale optimale». En effet, ainsi qu’il ressort de la loi régionale de 1993 et du plan régional de gestion des déchets de 1997, tel que modifié par celui de 2007, il a été décidé, afin d’atteindre une autosuffisance régionale, d’obliger les communes de la région de Campanie à remettre les déchets collectés sur leurs territoires respectifs au service régional, une telle obligation pouvant au demeurant se justifier par la nécessité de garantir un niveau d’activité indispensable à la viabilité des installations de traitement afin de préserver l’existence de capacités de traitement concourant à la réalisation du principe d’autosuffisance au niveau national (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 69) | 0 |
3,158 | 47. On the one hand, the competent authorities must know with clarity and precision the nature of the signs of which a mark consists in order to be able to fulfil their obligations in relation to the prior examination of applications for registration and the publication and maintenance of an appropriate and precise register of trade marks (see, by analogy, Sieckmann , paragraph 50, and Heidelberger Bauchemie , paragraph 29). | 43. It follows that legislation such as that at issue in the main proceedings constitutes, in reality, discrimination on grounds of nationality, aggravated by the administrative sanctions imposed in the event of failure to comply therewith. | 0 |
3,159 | 51 In that regard, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it. It is settled case-law that a Member State cannot rely on practical difficulties in order to justify its failure to adopt appropriate supervisory measures. On the contrary, it is for the Member States responsible for implementing Community regulations in the fishery products sector to overcome those difficulties by adopting appropriate measures (Case C-333/99 Commission v France, cited above, paragraphs 36 and 44). | 36 So far as the gradual improvement in fisheries management is concerned, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it (Commission v Spain, cited above, paragraph 15). Although those efforts led to a reduction in the extent to which quotas were exceeded, they cannot excuse the failures that occurred. | 1 |
3,160 | 30
Secondly, it is apparent from the Court’s case-law that the principle that abusive practices are prohibited is applied to the rights and advantages provided for by EU law irrespective of whether those rights and advantages have their basis in the Treaties (see, so far as concerns the fundamental freedoms, inter alia judgments of 3 December 1974, van Binsbergen, 33/74, EU:C:1974:131, paragraph 13, and of 9 March 1999, Centros, C‑212/97, EU:C:1999:126, paragraph 24), in a regulation (judgments of 6 April 2006, Agip Petroli, C‑456/04, EU:C:2006:241, paragraphs 19 and 20, and of 13 March 2014, SICES and Others, C‑155/13, EU:C:2014:145, paragraphs 29 and 30) or in a directive (see, in relation to VAT, inter alia judgment of 3 March 2005, Fini H, C‑32/03, EU:C:2005:128, paragraph 32; judgment in Halifax, paragraphs 68 and 69; and judgment of 13 March 2014, FIRIN, C‑107/13, EU:C:2014:151, paragraph 40). It is thus apparent that that principle is not of the same nature as the rights and advantages to which it applies. | 5. By letter of 30 December 1999, that municipality informed Coname that, by decision of 21 December 1999, the municipal council had entrusted the service covering the management, distribution and maintenance of the methane gas distribution installations for the period from 1 January 2000 to 31 December 2005 to Padania. The latter company’s share capital is predominantly public, held by the province of Cremona and almost all the municipalities of that province. The Comune di Cingia de’ Botti holds a 0.97% share in the capital of that company. | 0 |
3,161 | 40
With regard, in particular, to the distortion of evidence and facts, the Court has repeatedly held that there is such distortion where, without having recourse to new evidence, the assessment of the existing evidence appears to be clearly incorrect or manifestly at odds with its wording (see, to that effect, judgments of 18 January 2007, PKK and KNK v Council, C‑229/05 P, EU:C:2007:32, paragraph 37, and of 19 December 2013, Siemens and Others v Commission, C‑239/11 P, C‑489/11 P and C‑498/11 P, not published, EU:C:2013:866, paragraph 44). | 76 Under Article 4(3) of Directive 68/360 and Article 6 of Directive 73/148, a Member State may make issue of a residence permit conditional upon production of the document with which the person concerned entered its territory (see Roux, cited above, paragraphs 14 and 15). | 0 |
3,162 | 88. From this angle, the framework agreement seeks to place limits on successive recourse to the latter category of employment relationship, a category regarded as a potential source of abuse to the disadvantage of workers, by laying down as a minimum a number of protective provisions designed to prevent the status of employees from being insecure (see Adeneler and Others , paragraph 63). | 32. In those circumstances, the answer to Question 2(a) is that, in addition to the obligation to comply with Articles 28 EC and 30 EC, the Member States must also be guided by the criteria laid down in Article 5(1) and (2) of Directive 2002/46, including the requirement for a risk assessment based on generally accepted scientific data, in setting the maximum amounts of vitamins and minerals which may be used in the manufacture of food supplements, while waiting for the Commission to lay down those amounts pursuant to Article 5(4).
Question 2(b) | 0 |
3,163 | 56. The place where the loss occurred thus identified meets, in circumstances such as those referred to in paragraph 51 of this judgment, the objective of Regulation No 44/2001 of strengthening the legal protection of persons established in the European Union, by enabling the applicant to identify easily the court in which he may sue and the defendant reasonably to foresee in which court he may be sued (see, to that effect, judgment in Kronhofer , EU:C:2004:364, paragraph 20), given that the issuer of a certificate who does not comply with his legal obligations in respect of the prospectus must, when he decides to notify the prospectus relating to that certificate in other Member States, anticipate that inadequately informed operators, domiciled in those Member States, might invest in that certificate and suffer loss. | 56. In accordance with Article 16 of the Framework Directive, the NRAs then carry out the analysis of the markets thus defined and determine whether those markets are effectively competitive. If a market is not effectively competitive, the NRA concerned imposes ex ante regulatory obligations on undertakings with significant market power. | 0 |
3,164 | 14 It has consistently been held that such national provisions do not comply with the requirements of Article 59 of the Treaty (see, in particular, the judgment of 23 November 1999 in Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-0000, paragraphs 33 to 35). | 24. Point 48 of the annex to Directive 91/628 must be interpreted as meaning, first, that point 48(7)(b) applies to transport by roll‑on/roll-off ferry on a regular and direct link between two geographical points of the Community which must, by definition, be in a position to comply with the conditions set out in point 48(7)(b) and, second, that, where that latter provision is not applicable, the requirements laid down in point 48(7)(a) must be complied with. | 0 |
3,165 | 33
The Court has nevertheless held that, even if a project was authorised before the system of protection laid down by the Habitats Directive became applicable to the site in question and, accordingly, such a project was not subject to the requirements relating to the procedure for prior assessment according to Article 6(3) of that directive, its implementation nevertheless falls within the scope of Article 6(2) of that directive (see, to that effect, judgments in Stadt Papenburg, C‑226/08, EU:C:2010:10, paragraphs 48 and 49, and Commission v Spain, C‑404/09, EU:C:2011:768, paragraphs 124 and 125). | 35. En second lieu, l’article 1 er , paragraphe 1, de la décision litigieuse a pour objet exclusivement de déclarer l’incompatibilité avec le marché commun du régime en cause. Il ne définit pas les conséquences spécifiques que cette déclaration a pour chacun des contribuables, conséquences qui se matérialiseront dans des actes administratifs tels qu’un avis d’imposition, lequel constitue en tant que tel une mesure d’exécution que l’article 1 er , paragraphe 1, de la décision litigieuse «comporte» au sens de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE. | 0 |
3,166 | 39. In addition, the Court has held that Article 4(2) of Directive 93/38, in prohibiting any discrimination between tenderers, also protects those who were discouraged from tendering because they were placed at a disadvantage by the procedure followed by a contracting entity (Case C‑16/98 Commission v France [2000] ECR I‑8315, paragraph 109). | 109 It follows that Article 4(2) of the Directive, in prohibiting any discrimination between tenderers, also protects those who are discouraged from tendering because they have been placed at a disadvantage by the procedure followed by a contracting entity. | 1 |
3,167 | 47. Admittedly, that criterion cannot be regarded as exclusive, inasmuch as pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work ( Beune , paragraph 44; Evrenopoulos , paragraph 20; Griesmar , paragraph 29; Niemi , paragraph 46; and Schönheit and Becker , paragraph 57). | 47. The specific nature of those programmes lies in the fact that they embody a comprehensive and coherent approach, providing practical and coordinated arrangements covering vulnerable zones and, where appropriate, the entire territory, for the reduction and prevention of pollution caused by nitrates from agricultural sources. | 0 |
3,168 | 41. Thirdly, so far as concerns the condition as to proportionality, it must be borne in mind that a system of prior authorisation may, in certain circumstances, be necessary and proportionate to the aims pursued, if the same objectives cannot be attained by less restrictive measures, in particular by a system of declarations (see, to that effect, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraphs 23 to 28; Konle , cited above, paragraph 44; and Case C-483/99 Commission v France [2002] ECR I-4781, paragraph 46). | 69. A condition for integration within the meaning of the final subparagraph of Article 4(1) of the Directive may therefore be taken into account when considering an application for family reunification and the Community legislature did not contradict itself by authorising Member States, in the specific circumstances envisaged by that provision, to consider applications in the light of such a condition in the context of a directive which, as is apparent from the fourth recital in its preamble, has the general objective of facilitating the integration of third country nationals in Member States by making family life possible through reunification. | 0 |
3,169 | 67. A plan or project may be authorised only on condition that the competent national authorities are certain that it will not have adverse effects on the integrity of the site concerned. That is so where no reasonable scientific doubt remains as to the absence of such effects (see Case C‑239/04 Commission v Portugal [2006] ECR I‑10183, paragraph 20). Moreover, it is at the time of adoption of the decision authorising implementation of the project that there must be no reasonable scientific doubt remaining as to the absence of adverse effects on the integrity of the site in question (see Commission v Portugal , paragraph 24). | 15 A complex contract of that type, which concerns a range of services provided in return for a lump sum paid by the customer, is outside the scope within which the exclusive jurisdiction laid down by Article 16(1) finds its raison d' être and cannot constitute a "tenancy agreement" within the meaning of that article as interpreted in the judgment in Sanders v Van der Putte, cited above. | 0 |
3,170 | 46. Whether they are adopted by a Member State on the basis of Article 10(1) of Directive 90/425 or by the Commission on the basis of Article 10(4) of that directive, precautionary measures must observe the principle of proportionality (see, to that effect, in relation to measures adopted by a Member State of destination, Case C-220/01 Lennox [2003] ECR I-7091, paragraph 76; in relation to measures adopted by the Commission, Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraphs 96 to 111, and Jippes , cited above, paragraph 113). | 100 That approach is borne out by Article 130r(1) of the EC Treaty, according to which Community policy on the environment is to pursue the objective inter alia of protecting human health. Article 130r(2) provides that that policy is to aim at a high level of protection and is to be based in particular on the principles that preventive action should be taken and that environmental protection requirements must be integrated into the definition and implementation of other Community policies. | 1 |
3,171 | 41 First of all, the Commission has not denied that the applicant is individually concerned. Having regard to the circumstances of the case, the Court considers that only the question whether the contested decision is of direct concern to the applicant need be examined. | 25. Such an interpretation is justified by the deduction system, with regard to which the Court has repeatedly held that it is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see, to that effect, Rompelman , paragraph 19; Case C-37/95 Ghent Coal Terminal [1998] ECR I-1, paragraph 15; Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 44; and Case C-98/98 Midland Bank [2000] ECR I-4177, paragraph 19; and Abbey National , paragraph 24). | 0 |
3,172 | 66. The Court has held that ‘advertising’ and ‘specific invitation addressed’ within the meaning of Article 13 of the Brussels Convention cover all forms of advertising carried out in the Contracting State in which the consumer is domiciled, whether disseminated generally by the press, radio, television, cinema or any other medium, or addressed directly, for example by means of catalogues sent specifically to that State, as well as commercial offers made to the consumer in person, in particular by an agent or door-to-door salesman ( Gabriel , paragraph 44). | 52. However, the Court has consistently held that national courts have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation of, or consideration of the validity of, provisions of EU law ( Križan and Others , C‑416/10, EU:C:2013:8, paragraph 64). | 0 |
3,173 | 32. Such an interpretation is not called into question by the fact that the Court held, in paragraph 32 of BLM , that it was for the referring court to determine whether, in a situation such as that at issue in the case before it, a finding could be made that there was a letting of immovable property for the purposes of Article 13(B)(b) of the Sixth Directive. | Enfin, s’agissant du respect de l’obligation de motivation, il résulte d’une jurisprudence constante que l’obligation de motiver les arrêts, qui incombe au Tribunal en vertu de l’article 36 du statut de la Cour de justice de l’Union européenne, applicable au Tribunal en vertu de l’article 53, premier alinéa, du même statut, et de l’article 117, sous m), du règlement de procédure du Tribunal, lui impose de faire apparaître de façon claire et non équivoque son raisonnement, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (voir, notamment, arrêts du 26 septembre 2013, Alliance One International/Commission, C‑679/11 P, non publié, EU:C:2013:606, point 98, ainsi que du 28 janvier 2016, Quimitécnica.com et de Mello/Commission, C‑415/14 P, non publié, EU:C:2016:58, point 56). | 0 |
3,174 | 47. In that regard, account must be taken of the attitude of an averagely well-informed consumer, in whom the form given to a product may inspire particular confidence similar to that normally inspired in him by proprietary medicinal products, having regard to the safeguards normally associated with their manufacture and marketing. Although the external form given to the product may serve as strong evidence of its classification as a medicinal product by presentation, the ‘form’ must be taken to mean not only the form of the product itself but also that of its packaging, which may, for reasons of marketing policy, tend to make it resemble a medicinal product (see, to that effect, van Bennekom , paragraph 19, and Monteil and Samanni , paragraph 24). | 24 According to the same judgment, the external form given to the product in question may serve as strong evidence, but is not the sole or conclusive evidence; it must be stated that the "form" must be taken to mean not only the form of the product itself but also that of its packaging, which may, for reasons of marketing policy, tend to make it resemble a medicinal product, and account must also be taken of the attitude of an averagely well-informed consumer, in whom the form given to a product may inspire particular confidence similar to that normally inspired in him by proprietary medicinal products, having regard to the safeguards normally associated with the manufacture and marketing of the latter type of product. | 1 |
3,175 | 50. It is true in that respect that, according to the Court’s case‑law (Case C‑344/98 Masterfoods and HB [2000] ECR I‑11369, paragraph 52), which is now given legislative expression in Article 16 of Regulation No 1/2003, when national courts rule on agreements, decisions or practices under, inter alia, Article 101 TFEU which are already the subject of a Commission decision, they cannot take decisions running counter to the decision adopted by the Commission. | 69 It follows from the foregoing considerations that rules such as those at issue in the main proceedings deter, or even prevent, insured persons from applying to providers of medical services established in another Member State and constitute, both for insured persons and service providers, a barrier to freedom to provide services (see, to that effect, Luisi and Carbone, paragraph 16, Case C-204/90 Bachmann [1992] ECR I-249, paragraph 31, and Kohll, paragraph 35). | 0 |
3,176 | 47. It must also be recalled that, according to the settled case-law of the Court of Justice, an appeal must indicate precisely the alleged flaws in the judgment which the appellant claims should be set aside, and also the legal arguments specifically advanced in support of that claim, failing which the latter is inadmissible (see, inter alia, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 497 and 618, and Dalmine v Commission , paragraph 153). | 28. The entry of the mark in a public register has the aim of making it accessible to the competent authorities and to the public, particularly to economic operators. | 0 |
3,177 | 16 The protection prescribed by the Directive applies in particular ° by virtue of Article 1(1) ° where the transfer relates only to a business or to part of a business, that is to say, to part of an undertaking. In such an event, it extends to the employees assigned to that part of the business, because, as the Court held in Case 186/83 Botzen v Rotterdamsche Droogdok Maatschappij [1985] ECR 519, paragraph 15, an employment relationship is essentially characterized by the link existing between the employee and the part of the undertaking to which he is assigned to carry out his duties. | 49
With regard to judicial review of the conditions referred to in the previous paragraph of the present judgment, the EU legislature must be allowed broad discretion in an area such as that at issue in the main proceedings, which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. Consequently, the legality of a measure adopted in that area can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institutions are seeking to pursue (see, to that effect, judgment in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 123). | 0 |
3,178 | 28. In view of that weak position, Article 6(1) of Directive 93/13 requires Member States to lay down that unfair terms ‘shall, as provided for under their national law, not be binding on the consumer’. As is apparent from the case‑law, that is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (see Mostaza Claro , paragraph 36; Asturcom Telecomunicaciones , paragraph 30; and Case C‑137/08 VB Pénzügyi Lízing [2010] ECR I‑0000, paragraph 47). | Selon une jurisprudence constante, la violation du principe d’égalité de traitement du fait d’un traitement différencié présuppose
que les situations visées sont comparables eu égard à l’ensemble des éléments qui les caractérisent (arrêt Arcelor Atlantique
et Lorraine e.a., C‑127/07, EU:C:2008:728, point 25). | 0 |
3,179 | 46. With respect, in this connection, to the alleged breach of the principle of the protection of legitimate expectations relied on by MGS and the Czech Republic, it suffices to recall that according to settled case-law that principle cannot be extended to the point of generally preventing a new rule from applying to the future effects of situations which arose under the earlier rule (see judgments in Tomadini , 84/78, EU:C:1979:129, paragraph 21; Commission v Freistaat Sachsen , C‑334/07 P, EU:C:2008:709, paragraph 43; and Stadt Papenburg , C‑226/08, EU:C:2010:10, paragraph 46). | 71. For the condition as to ‘deliberate’ action in Article 12(1)(a) of the directive to be met, it must be proven that the author of the act intended the capture or killing of a specimen belonging to a protected animal species or, at the very least, accepted the possibility of such capture or killing. | 0 |
3,180 | 91. It is true that the assessment which a Member State is required to make may reveal a high degree of scientific and practical uncertainty in that regard. Such uncertainty, which is inseparable from the concept of precaution, influences the extent of the discretion of the Member State and thus has an impact on the means of applying the proportionality principle. In such circumstances, it must be acknowledged that a Member State may, under the precautionary principle, take protective measures without having to wait for the reality and the seriousness of those risks to be fully demonstrated (see, to that effect, Case C-157/96 National Farmers’ Union and Others [1998] ECR I‑2211, paragraph 63, and Commission v Netherlands , paragraphs 51 and 52). However, the assessment of the risk cannot be based on purely hypothetical considerations (see, to that effect, Case C‑236/01 Monsanto Agricoltura Italia and Others [2003] ECR I‑8105, paragraph 106; Commission v Denmark , paragraph 49; and Commission v Netherlands , paragraph 52). | 37 GENERAL RULE A 3 ( B ) THEREFORE APPLIES ONLY WHERE CLASSIFICATION IS NOT POSSIBLE UNDER GENERAL RULE A 3 ( A ), THAT IS TO SAY WHERE THERE IS NO SPECIFIC HEADING TAKING PRECEDENCE OVER MORE GENERAL HEADINGS .
| 0 |
3,181 | 98. In paragraph 122 of its judgment, the General Court stated that it followed from paragraphs 73 to 79 of ThyssenKrupp v Commission that, by that ground of the cross-appeal, the Commission had not intended to call into question the General Court’s recognition of the transfer of liability on the basis of the statement of 23 July 1997 but only the General Court’s subsequent conclusion that that statement could not be interpreted as also implying that the appellant had waived its right to be heard regarding the acts of which Thyssen Stahl was accused. | 4 THE REGULATIONS IN FORCE AT THE TIME WERE SILENT IN THIS RESPECT .
THE RULES OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR MUST BE REGARDED AS FORMING A COMPLETE SYSTEM IN THE SENSE THAT IT DOES NOT LEAVE THE MEMBER STATES THE POWER TO FILL SUCH A LACUNA BY RESORTING TO THEIR NATIONAL LAW .
IT IS THUS PROPER TO SEEK A SOLUTION IN THE LIGHT OF THE AIMS AND OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET, TAKING ACCOUNT OF CONSIDERATIONS OF A PRACTICAL AND ADMINISTRATIVE NATURE . | 0 |
3,182 | 28
In that regard it is necessary to bear in mind that, according to recital 17 and Article 1 of Regulation No 561/2006, that regulation seeks to harmonise the conditions of competition between inland transport modes, especially with regard to the road sector, and to improve the working conditions of employees in that sector and road safety, those objectives meaning in particular that, in principle, road transport vehicles must be equipped with an approved tachograph enabling compliance with driving times and drivers’ rest periods to be monitored (see, inter alia, Lundberg, C‑317/12, EU:C:2013:631, paragraph 31 and the case-law cited, and of 19 October 2016, EL-EM-2001, C‑501/14, EU:C:2016:777, paragraph 21). | 36. The fact that the condition of eligibility for the right of access to employment in the host Member States disappears with respect to the worker after a family member has himself acquired that right is not therefore capable of calling into question the right acquired by that family member. | 0 |
3,183 | 62 On this point, it should be remembered that it is settled case-law that the principle of proportionality, which is one of the general principles of Community law, requires that measures adopted by Community institutions should not exceed the limits of what is appropriate and necessary in order to attain the objectives pursued by the legislation in question, and where there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, in particular, Case C-331/88 Fedesa and Others [1990] ECR I-4023, paragraph 13, Case C-180/96 United Kingdom v Commission, cited above, paragraph 96, and Case C-101/98 UDL [1999] ECR I-8841, paragraph 30). | 49. In those circumstances, it must be held that the injunction to install the contested filtering system is to be regarded as not respecting the requirement that a fair balance be struck between, on the one hand, the protection of the intellectual-property right enjoyed by copyright holders, and, on the other hand, that of the freedom to conduct business enjoyed by operators such as ISPs. | 0 |
3,184 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 19. The Court has already had occasion to point out that the prohibition under Article 10(c) of the directive is in addition to those set out in Article 10(a) and (b) of that directive, which refers to the scenarios described in Article 4 of the directive (see, to that effect, Case C-152/97 AGAS [1998] ECR I-6553, paragraph 21). That prohibition is justified by the fact that, even though the taxes in question are not imposed on capital contributions as such, they are nevertheless imposed on account of formalities connected with the company’s legal form, in other words on account of the instrument employed for raising capital, so that their continued existence would similarly risk frustrating the aims of the directive (Case C-2/94 Denkavit Internationaal and Others [1996] ECR I-2827, paragraph 23, and AGAS , paragraph 21). | 0 |
3,185 | 60 Next, it is appropriate to recall that it is settled case-law that the terms used in Article 5(1) of the Brussels Convention must, in matters relating to employment contracts, be interpreted autonomously so as to ensure the full effectiveness and uniform application in all the Contracting States of this convention, whose objectives include unification of the rules on jurisdiction of the Contracting States (see, inter alia, Mulox IBC, cited above, paragraphs 10 and 16, and Rutten, cited above, paragraphs 12 and 13). | 25 IN FACT , IN THE CIRCUMSTANCES OUTLINED ABOVE , ACQUISITION OF THE BILL OF LADING COULD NOT CONFER UPON THE THIRD PARTY MORE RIGHTS THAN THOSE ATTACHING TO THE SHIPPER UNDER IT . THE THIRD PARTY HOLDING THE BILL OF LADING THUS BECOMES VESTED WITH ALL THE RIGHTS , AND AT THE SAME TIME BECOMES SUBJECT TO ALL THE OBLIGATIONS , MENTIONED IN THE BILL OF LADING , INCLUDING THOSE RELATING TO THE AGREEMENT ON JURISDICTION .
| 0 |
3,186 | 47
By contrast, it cannot be accepted that fixed-term employment contracts may be renewed for the purpose of the performance, in a fixed and permanent manner, of tasks in the health service which normally come under the activity of the ordinary hospital staff (see, by analogy, judgment of 13 March 2014, Márquez Samohano, C‑190/13, EU:C:2014:146, paragraph 58). | 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 |
3,187 | 20
It follows that, when the Member States decide to implement the private copying exception provided for under that provision in their national law, they are required, in particular, to provide for the payment of fair compensation to rightholders (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 30, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 19). | 25
It should be noted in this regard that, as is clear from that paragraph, the General Court took that finding into account in any event only for the sake of completeness in establishing the existence and nature of an overall plan showing there to be a single infringement. Indeed, that finding as to an overall plan followed, according to the General Court, from many other factors identified by the Commission in the decision at issue. | 0 |
3,188 | 96
It is clear from the Court’s case-law that, in such circumstances, the requirement of legal certainty means that the EU institutions must exercise their powers within a reasonable time (see, to that effect, judgments of 24 September 2002 in Falck and Acciaierie di Bolzano v Commission, C‑74/00 P and C‑75/00 P, EU:C:2002:524, paragraphs 139 to 141 and the case-law cited; 28 February 2013 in Review of Arango Jaramillo and Others v EIB, C‑334/12 RX-II, EU:C:2013:134, paragraph 28; and 13 November 2014 in Nencini v Parliament, C‑447/13 P, EU:C:2014:2372, paragraphs 47 and 48), as the General Court also stated in paragraph 81 of the judgment under appeal. | 10 It is settled case-law that in defining the criteria for the application of Article 85(1) to a specific case, account should be taken of the economic context in which the undertakings operate, the products or services covered by the agreements, the structure of the market concerned and the actual conditions in which it functions. | 0 |
3,189 | 63. In Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 106, the Court indeed held that the exercise of rights conferred on private persons by directly applicable provisions of Community law would be rendered impossible or excessively difficult if their claims for compensation based on Community law were rejected or reduced solely because the persons concerned did not apply for grant of the right which was conferred by Community provisions, and which national law denied them, with a view to challenging the refusal of the Member State by means of the legal remedies provided for that purpose, invoking the primacy and direct effect of Community law. In a case of that kind, it would not have been reasonable to require the injured parties to utilise the legal remedies available to them, since they would in any event have had to make the payment at issue in advance, and even if the national court had held the fact that payment had to be made in advance incompatible with Community law, the persons in question would not have been able to obtain interest on that sum and they would have laid themselves open to the possibility of penalties (see, to this effect, Metallgesellschaft and Others , paragraph 104). | 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 |
3,190 | 19. According to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force (see Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22; Case C-61/98 De Haan [1999] ECR I-5003, paragraph 13; Case C-251/00 Ilumitrónica [2002] ECR I-10433, paragraph 29; and Joined Cases C-361/02 and C-362/02 Tsapalos and Diamantakis [2004] ECR I-6405, paragraph 19). | 15 Castello submits that this latter provision is invalid. It argues that a penalty as severe as loss of entitlement to aid may attach to the obligation to grow soya beans within the territory of the Community, which is the primary obligation under the system of aid introduced in 1985, but may not attach to the obligation to notify changes of a certain extent in the use of the areas sown, which is no more than a secondary obligation under the system of aid. | 0 |
3,191 | 95. It is settled case-law that the principle of equal treatment or non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified ( Swedish Match , paragraph 70). | 70. It is settled case-law that the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see, to that effect, Case C-304/01 Spain v Commission [2004] ECR I-0000, paragraph 31). | 1 |
3,192 | 60
However, it is for the referring court, not the Court of Justice, to ascertain that the Member State concerned has taken all necessary steps enabling it to be in a position at any time to guarantee the right to effective judicial protection in compliance with the principles of equivalence and effectiveness (see, to that effect, inter alia, judgments of 15 April 2008, Impact, C‑268/06, EU:C:2008:223, paragraphs 43 to 55, and of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 176, and orders of 12 June 2008, Vassilakis and Others, C‑364/07, not published, EU:C:2008:346, paragraph 149, and of 24 April 2009, Koukou, C‑519/08, not published, EU:C:2009:269, paragraph 101). | 84. It should be remembered, first of all, that in the context of a tax rule, such as that at issue in the main proceedings, which seeks to prevent the economic double taxation of distributed profits, the situation of a corporate shareholder receiving foreign-sourced dividends is comparable to that of a corporate shareholder receiving nationally-sourced dividends in so far as, in each case, the profits made are, in principle, liable to be subject to a series of charges to tax (see Test Claimants in the FII Group Litigation , paragraph 62). | 0 |
3,193 | 69. In assessing those risks, the referring court must take into consideration, first, the fact that the link between the training of future health professionals and the objective of maintaining a balanced high-quality medical service open to all is only indirect and the causal relationship less well established than in the case of the link between the objective of public health and the activity of health professionals who are already present on the market (see Hartlauer , paragraphs 51 to 53, and Apothekerkammer des Saarlandes and Others , paragraphs 34 to 40). The assessment of such a link will depend inter alia on a prospective analysis which will have to extrapolate on the basis of a number of contingent and uncertain factors and take into account the future development of the health sector concerned, but also depend on an analysis of the situation at the outset, that is to say, as it currently stands. | 51 THE DISPUTED DECISION IMPOSES JOINTLY AND SEVERALLY ON THE COMPANIES CSC AND ISTITUTO A FINE OF 200 000 UNITS OF ACCOUNT, THAT IS TO SAY 125 000 000 LIRE . ALTHOUGH THE SERIOUSNESS OF THE INFRINGEMENT JUSTIFIES A HEAVY FINE, THE DURATION OF THE INFRINGEMENT SHOULD ALSO BE TAKEN INTO ACCOUNT, WHICH IN THE DECISION WAS CALCULATED AS TWO YEARS OR MORE, BUT IT MIGHT HAVE BEEN SHORTER IF THE COMMISSION, WHICH HAD BEEN PUT ON INQUIRY BY THE COMPLAINT OF ZOJA ON 8 APRIL 1971, THAT IS SIX MONTHS AFTER THE FIRST REFUSAL BY CSC-ISTITUTO, HAD INTERVENED MORE QUICKLY . MOREOVER THE ILL EFFECTS OF THE CONDUCT COMPLAINED OF HAVE BEEN LIMITED BY REASON OF THE FACT THAT CSC-ISTITUTO HAVE PROVIDED THE SUPPLIS ORDERED BY THE DECISION . | 0 |
3,194 | 25. It must be recalled, as all the parties which lodged observations before the Court have done, that, disregarding Article 46 EC, the national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must, according to settled case-law, fulfil four conditions in order to comply with Article 43 EC and Article 49 EC: they must be applied in a non-discriminatory manner, they must be justified by imperative requirements in the general interest, they must be suitable for securing the attainment of the objective which they pursue, and they must not go beyond what is necessary in order to attain it (see Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32; Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37; and Case C-243/01 Gambelli and Others [2003] ECR I-13031, paragraphs 64 and 65). | 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 |
3,195 | 19. Consequently, the Member States retain in principle the competence to adopt certain measures which are not provided for in the Single CMO Regulation, provided that those measures are not such as to undermine that regulation or create exceptions to it or interfere with its proper operation (see, to that effect, judgment in Kuipers , C‑283/03, EU:C:2005:314, paragraph 37 and the case-law cited). | 56
The European arrest warrant system therefore entails, in view of the requirement laid down in Article 8(1)(c) of the Framework Decision, a dual level of protection for procedural rights and fundamental rights which must be enjoyed by the requested person, since, in addition to the judicial protection provided at the first level, at which a national judicial decision, such as a national arrest warrant, is adopted, is the protection that must be afforded at the second level, at which a European arrest warrant is issued, which may occur, depending on the circumstances, shortly after the adoption of the national judicial decision. | 0 |
3,196 | 22 As regards, first, the compatibility of a time-limit of the kind provided for in the third paragraph of Article L190 of the Livre des Procédures Fiscales with the principle of the effectiveness of Community law, it must be stated that the setting of reasonable limitation periods for bringing proceedings satisfies that requirement in principle, inasmuch as it constitutes an application of the fundamental principle of legal certainty (see, in particular, REWE, paragraph 5; Comet, paragraphs 17 and 18; and Palmisani, paragraph 28, all cited above). | 66. Confusion and inconvenience are liable to arise from a divergence between the two names used for the same person. | 0 |
3,197 | 29. That principle means that, in accordance with Article 1(2) of Framework Decision 2002/584, the Member States are as a rule obliged to act upon a European arrest warrant (see, to that effect, Case C-388/08 PPU Leymann and Pustovarov [2008] ECR I-8983, paragraph 51; Wolzenburg , paragraph 57; and Mantello , paragraphs 36 and 37). | Il ressort de la jurisprudence de la Cour que l’obligation de faire en sorte que seules les décharges satisfaisant aux exigences
de la directive 1999/31 demeurent exploitées implique également la désaffectation des sites qui n’ont pas obtenu, conformément
à l’article 8 de cette directive, l’autorisation de poursuivre leurs opérations, prévue à l’article 14, sous b), de ladite
directive (arrêt Commission/Bulgarie, C‑145/14, EU:C:2015:502, point 30). | 0 |
3,198 | 59. As regards the validity of the head of claim, it must be pointed out that each of the grounds for refusal to register listed in Article 7(1) of Regulation No 40/94 is independent of the others and calls for separate examination (see OHIM v Erpo Möbelwerk , cited above, paragraph 39). Furthermore, the various grounds for refusal must be interpreted in the light of the general interest underlying each of them. The general interest taken into consideration when examining each of those grounds for refusal may, or even must, reflect different considerations, according to the ground for refusal in question (see Joined Cases C-456/01 P and C-457/01 P Henkel v OHIM [2004] ECR I-5089, paragraphs 45 and 46, and SAT.1 v OHIM , cited above, paragraph 25). | 30. It is precisely in view of the harmful effects which the risk of dismissal may have on the physical and mental state of women who are pregnant, have recently given birth or are breastfeeding, including the particularly serious risk that pregnant women may be prompted voluntarily to terminate their pregnancy, that, pursuant to Article 10 of Directive 92/85, the Community legislature subsequently laid down special protection for women, by prohibiting dismissal during the period from the beginning of their pregnancy to the end of their maternity leave (Case C-32/93 Webb [1994] ECR I-3567, paragraph 21; Brown , paragraph 18; C-109/00 Tele Danmark [2001] ECR I-6993, paragraph 26; and McKenna , paragraph 48). | 0 |
3,199 | 90. Regarding the last mentioned principle, it must nevertheless be noted that, due to the fact that the agricultural situation in the new Member States was radically different from that in the Member States other than the new Member States, which prevents any valid comparison being made (judgment in Poland v Council , C‑273/04, EU:C:2007:622, paragraphs 87 and 88), the specific provisions of Articles 10 and 132 of Regulation No 73/2009, which meet the legitimate ground of applying, as from 2012, the rules for modulation in the new Member States, do not infringe the principle of non-discrimination. | 28 As the Advocate General noted in point 40 of his Opinion, it would be inconsistent with the Community legal order for individuals to be able to rely on a directive where it has been implemented incorrectly but not to be able to do so where the national authorities apply the national measures implementing the directive in a manner incompatible with it. | 0 |
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