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3,500 | 38 It should be called to mind in this connection that, in fixing the amount of the fines, regard must be had to the gravity and to the duration of the infringement so that the Court has to take account of the legislative background and economic context of the conduct to which exception is taken (Suiker Unie and Others v Commission, paragraph 612). | 30. Thus, expenses occasioned by the activity in question are directly linked to that activity and are accordingly necessary in order to carry out that activity (see, to that effect, judgments in Gerritse , C‑234/01, EU:C:2003:340, paragraphs 9 and 27, and Centro Equestre da Lezíria Grande , C‑345/04, EU:C:2007:96, paragraph 25). | 0 |
3,501 | 75. None the less, it is apparent from the case‑law that the provisions of the Treaty relating to the freedom to provide services do not cover the situation of a national of a Member State who establishes his principal residence, on a permanent basis, or in any event without there being a foreseeable limit to the duration of that residence, in the territory of another Member State, thereby being able to benefit, during that indefinite period, from the provision of services (see, to that effect, Case 196/87 Steymann [1988] ECR 6159, paragraph 17; Trojani , cited above, paragraph 28; Case C‑200/02 Zhu and Chen [2004] ECR I‑9925, paragraph 22; and, with regard to specialised care homes, Case C‑70/95 Sodemare and Others [1997] ECR I‑3395, paragraph 38). | 44 IL CONVIENT DONC DE CONCLURE QU ' EN OMETTANT DE FAIRE TOUTE DILIGENCE POUR TRANSMETTRE AU REQUERANT LES INFORMATIONS DONT ELLE DISPOSAIT A LA SUITE DE LA VISITE DE ME ALDER DU 8 NOVEMBRE 1974 , BIEN QU ' UNE TELLE TRANSMISSION AIT ETE SUSCEPTIBLE DE PREVENIR OU , DU MOINS , DE LIMITER LE PREJUDICE POUVANT RESULTER DE L ' IDENTIFICATION DU REQUERANT A TRAVERS DES DOCUMENTS QU ' ELLE AVAIT REMIS A ROCHE , LA COMMISSION A ENGAGE SA RESPONSABILITE ENVERS LE REQUERANT A RAISON DUDIT PREJUDICE .
B ) SUR LE DEVOIR DE CONSEILLER LE REQUERANT EN CE QUI CONCERNE LA CONVENTION DE SAUVEGARDE DES DROITS DE L ' HOMME | 0 |
3,502 | 41
According to settled case-law, the procedure laid down in Article 267 TFEU is an instrument of cooperation between the Court and the national courts, by means of which the former provides the latter with the points of interpretation of European Union law which they need in order to decide the disputes before them (see, inter alia, judgments of 12 June 2003, Schmidberger, C‑112/00,EU:C:2003:333, point 30; of 15 September 2011, Unió de Pagesos de Catalunya, C‑197/10, EU:C:2011:590, paragraph 16; and of 19 June 2012, Chartered Institute of Patent Attorneys, C‑307/10, EU:C:2012:361, paragraph 31). | 76. Or, ainsi qu’il ressort de l’examen du premier grief, l’application d’un taux réduit de TVA aux livraisons de chevaux lorsque ces derniers ne sont pas destinés à être utilisés dans la préparation des denrées alimentaires ou dans la production agricole viole les articles 96 à 99 et l’annexe III de la directive TVA. | 0 |
3,503 | 32 As regards, second, special non-contributory benefits, which, according to Annex IIa to Regulation No 1408/71, include the Luxembourg maternity allowance, it is open to the Community legislature when implementing Article 51 of the Treaty to adopt provisions which derogate from the principle of exportability of social security benefits. In particular, as the Court has already accepted, a condition of residence in the State of the competent institution may legitimately be required for the grant of benefits closely linked with the social environment (see Lenoir, paragraph 16, and Snares, paragraph 42). | 48. Such a danger does in fact exist if group relief is extended to the losses of non-resident subsidiaries. It is avoided by a rule which precludes relief in respect of those losses. | 0 |
3,504 | 28
It also recalls that, although infringement of the principle of fiscal neutrality may be envisaged only as between competing traders, infringement of the general principle of equal treatment may be established, in matters relating to tax, by other kinds of discrimination which affect traders who are not necessarily in competition with each other but who are nevertheless in a similar situation in other respects (judgments of 10 April 2008, Marks & Spencer, C‑309/06, EU:C:2008:211, paragraph 49, and of 25 April 2013, Commission v Sweden, C‑480/10, EU:C:2013:263, paragraph 17). It follows that the principle of equal treatment, in matters relating to tax, does not coincide with the principle of fiscal neutrality (judgment of 25 April 2013, Commission v Sweden, C‑480/10, EU:C:2013:263, paragraph 18). | 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 |
3,505 | 46. As to the fact, pointed out by the Netherlands Government, that the interpretation upheld in paragraph 42 of this judgment allows frontier workers to receive unemployment benefits from a Member State to which they did not pay contributions during their last employment, suffice it to state that that is a consequence intended by the Community legislature which meant to increase workers ' chances of finding new employment (see, to similar effect, Van Gestel , cited above, paragraph 26). | 108. By acting in that way, the Commission treated Spanish seiners differently from other seiners without such differentiation being objectively justified. It follows that that infringement of the principle of non-discrimination affects the validity of the Regulation in so far as Spanish seiners were authorised to fish for bluefin tuna after 16 June 2008, and to retain on board, place in cages for fattening or farming, tranship, transfer and land such tuna after that date. | 0 |
3,506 | 52. The safeguarding of the freedoms protected under Article 11 of the Charter undoubtedly constitutes a legitimate aim in the general interest (see, to that effect, Case C-250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I-11135, paragraph 42), the importance of which in a democratic and pluralistic society must be stressed in particular (see, to that effect, Case C-336/07 Kabel Deutschland Vertrieb und Service [2008] ECR I-10889, paragraph 33, and Case C-163/10 Patriciello [2011] ECR I-7565, paragraph 31). That importance is particularly evident in the case of events of high interest to the public. It must thus be found that Article 15 of Directive 2010/13 does pursue an objective in the general interest. | 24 In that connection, it should be pointed out that the extent of the obligation to state reasons is a question of law reviewable by the Court on appeal (Case C-166/95 P Commission v Daffix [1997] ECR I-983). As the Advocate General rightly pointed out at paragraph 12 of his Opinion, review by the Court of Justice, in that context, of the legality of a decision must of necessity take into consideration the facts on which the Court of First Instance based itself in reaching its conclusion as to the adequacy or inadequacy of the statement of reasons. | 0 |
3,507 | 31
In particular, national courts ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU (judgment of 21 November 2013, Deutsche Lufthansa, C‑284/12, EU:C:2013:755, paragraph 28 and the case-law cited). For this purpose, proceedings may be commenced before national courts requiring those courts to interpret and apply the concept of ‘State aid’, contained in Article 107(1) TFEU, in order to determine whether a State measure introduced without observance of the preliminary examination procedure provided for in Article 108(3) TFEU ought or ought not to have been subject to this procedure (see, to that effect, judgment of 18 July 2007, Lucchini, C‑119/05, EU:C:2007:434, paragraph 50 and the case-law cited). | 66IT WAS THEREFORE WITH GOOD REASON THAT , IN ANNEX VI TO THE HAGUE RESOLUTION , AFTER STATING THAT IN PRINCIPLE THE MEMBER STATES WOULD NOT TAKE ANY UNILATERAL MEASURES PENDING THE IMPLEMENTATION OF THE COMMUNITY MEASURES , THE COUNCIL RECOGNIZED THAT SUCH MEASURES COULD BE ADOPTED , ON AN INTERIM BASIS , IF NO COMMUNITY MEASURES HAD BEEN ADOPTED IN TIME .
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3,508 | 34. Secondly, it should be noted that Article 18 EC, which lays down generally the right for every citizen of the Union to move and reside freely within the territory of the Member States, finds specific expression in the provisions guaranteeing the freedom to provide services (Case C-92/01 Stylianakis [2003] ECR I-1291, paragraph 18, and Case C-208/05 ITC [2007] ECR I-0000, paragraph 64). If, therefore, the case in the main proceedings falls under Article 49 EC, it will not be necessary for the Court to rule on the interpretation of Article 18 EC ( Stylianakis , paragraph 20, and ITC , paragraph 65). | 64. Although the national court seised is not, therefore, obliged, if the defendant contests the applicant’s allegations, to conduct a comprehensive taking of evidence at the stage of determining jurisdiction, it must be pointed out that both the objective of the sound administration of justice, which underlies Regulation No 44/2001, and respect for the independence of the national court in the exercise of its functions require the national court seised to be able to examine its international jurisdiction in the light of all the information available to it, including, where appropriate, the defendant’s allegations. | 0 |
3,509 | 46 In that regard, it must be borne in mind that, given its role as guardian of the Treaty, it is for the Commission alone to decide whether it is appropriate to bring proceedings against a Member State for failure to fulfil its obligations (see Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 22). | 28. That loss depends, inter alia, on the duration of the unavailability of the sum unduly levied in breach of European Union law and thus occurs, in principle, during the period between the date of the undue payment of the tax at issue and the date of repayment thereof. | 0 |
3,510 | 50. The fact nevertheless remains that, despite the reference to usage in international trade or commerce contained in Article 17 of the Brussels Convention, real consent by the parties is always one of the objectives of that provision, justified by the concern to protect the weaker contracting party by ensuring that jurisdiction clauses incorporated in a contract by one party alone do not go unnoticed (Case C-106/95 MSG [1997] ECR I-911, paragraph 17 and Castelletti , paragraph 19). | 77. In the third place, the Commission’s examination of whether particular measures can be classified as State aid because the public authorities did not act in the same way as a private vendor requires a complex economic assessment (see, to that effect, Case C‑525/04 P Spain v Lenzing [2007] ECR I‑9947, paragraph 59, and Case C‑73/11 P Frucona Košice v Commission [2013] ECR I‑0000, paragraph 74). | 0 |
3,511 | 53
In that connection, the Court has already held, as stated in Article 4 of Directive 93/13, that in order to determine whether a contractual term is to be regarded as unfair, the national court must take account of the nature of the goods or services which are the subject matter of the contract and must take account ‘at the time of conclusion of the contract’ of all the circumstances attending its conclusion (see, to that effect, judgment of 9 July 2015, Bucura, C‑348/14, not published, EU:C:2015:447, paragraph 48 and the case-law cited). | 29 ALTHOUGH , IN GENERAL , A FINDING THAT SUCH A THREAT EXISTS IMPLIES THE EXISTENCE IN THE INDIVIDUAL CONCERNED OF A PROPENSITY TO ACT IN THE SAME WAY IN THE FUTURE , IT IS POSSIBLE THAT PAST CONDUCT ALONE MAY CONSTITUTE SUCH A THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .
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3,512 | 49
EUIPO maintains that the Court of Justice has already held in its judgment of 19 June 2014, Karen Millen Fashions (C‑345/13, EU:C:2014:2013, paragraph 26) that, as regards the assessment of the individual character of a design referred to in Article 6 of Regulation No 6/2002, such a design may be compared with earlier individualised and defined designs, but not with an amalgam of specific features or parts of earlier designs. EUIPO claims that such an assessment would also be appropriate when examining the novelty of a design within the meaning of Article 5 of that regulation. | 15 The reply to that argument is that the provisions of the Treaty do not preclude the adoption by the Member States of measures which are applicable without distinction, which are intended to ensure the proper management of their universities and which could affect, in particular, the nationals of other Member States. However, such measures must respect the principle of proportionality, that is to say that they must be necessary and appropriate to attain the objective pursued. | 0 |
3,513 | 26
It must therefore be held that Directive 2004/18 permits the combining of the capacities of more than one economic operator for the purpose of satisfying the minimum capacity requirements set by the contracting authority, provided that the candidate or tenderer relying on the capacities of one or more other entities proves to that authority that it will actually have at its disposal the resources of those entities necessary for the execution of the contract (see judgment of 10 October 2013 in Swm Costruzioni 2 and Mannocchi Luigino, C‑94/12, EU:C:2013:646, paragraph 33). | 7. À cet égard, il importe de rappeler que, dans le système établi par l’article 226 CE, la Commission dispose d’un pouvoir discrétionnaire pour intenter un tel recours et qu’il n’appartient pas à la Cour d’apprécier l’opportunité de l’exercice de celui-ci (arrêts du 6 juillet 2000, Commission/Belgique, C‑236/99, Rec. p. I–5657, point 28, et du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I–4805, point 35 et jurisprudence citée). | 0 |
3,514 | 47. The freedom of establishment conferred on nationals of one Member State in the territory of another Member State includes in particular access to and exercise of activities of self-employed persons under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13; Case C-47/08 Commission v Belgium [2011] ECR I-0000, paragraph 79; and, to the same effect, Case C-161/07 Commission v Austria [2008] ECR I-10671, paragraph 27). In other words, Article 43 EC prohibits a Member State from laying down in its laws conditions for the pursuit of activities by persons exercising their right of establishment there which differ from those laid down for its own nationals (Case C‑161/07 Commission v Austria , paragraph 28, and Case C-47/08 Commission v Belgium , paragraph 79). | 36 The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers (see Webb, cited above, paragraph 19, Joined Cases 62/81 and 63/81 Seco v EVI [1982] ECR 223, paragraph 14, and Case C-113/89 Rush Portuguesa [1990] ECR I-1417, paragraph 18), and in particular the social protection of workers in the construction industry (Guiot, paragraph 16). | 0 |
3,515 | 35. As regards more specifically a situation such as that at issue in the main proceedings, it should be recalled that the Court has already held that punishable acts consisting of exporting and importing the same illegal goods and which are prosecuted in different CISA Contracting States constitute conduct which may be covered by the notion of ‘same acts’ within the meaning of Article 54 of the CISA (see, to that effect, Van Esbroeck , paragraph 42, Van Straaten , paragraph 51, and Case C‑467/04 Gasparini and Others [2006] ECR I‑9199, paragraph 57). | 37. It thus follows from the judgment in Deutsche See-Bestattungs-Genossenschaft that the purpose for which the journey is effected is irrelevant since it concerns navigation involving a provision of services for consideration. | 0 |
3,516 | 27. However, while the establishment and application of those rules falls within the competence of the Member States, they must none the less exercise that competence in accordance with European Union law. In particular, the rules applicable to actions for safeguarding rights which individuals derive from the direct effect of EU law must not be less favourable than those governing similar domestic actions (principle of equivalence) and must not make it in practice impossible or excessively difficult to exercise rights conferred by EU law (principle of effectiveness) (see Courage and Crehan , paragraph 29; Manfredi , paragraph 62; and Case C-397/11 Jörös [2013] ECR I-0000, paragraph 29). Specifically, in the area of competition law, those rules must not jeopardise the effective application of Articles 101 TFEU and 102 TFEU (see Pfleiderer , paragraph 24, and Case C‑439/08 VEBIC [2010] ECR I‑12471, paragraph 57). | 79. Toutefois, dès lors qu’un requérant conteste l’interprétation ou l’application du droit de l’Union faite par le Tribunal, les points de droit examinés en première instance peuvent à nouveau être discutés au cours d’un pourvoi. En effet, si un requérant ne pouvait fonder de la sorte son pourvoi sur des moyens et arguments déjà utilisés devant le Tribunal, la procédure de pourvoi serait privée d’une partie de son sens (voir ordonnance du 11 novembre 2003, Martinez/Parlement européen, C‑488/01 P, Rec. p. I‑13355, point 39, et arrêt du 23 avril 2009, AEPI/Commission, C‑425/07 P, Rec. p. I‑3205, point 24). | 0 |
3,517 | 88. Compliance with the principle of 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 (see, inter alia, Case C‑44/94 Fishermen’s Organisations and Others [1995] ECR I‑3115, paragraph 46; Joined Cases C‑87/03 and C‑100/03 Spain v Council [2006] ECR I-2915, paragraph 48; and Case C‑141/05 Spain v Council [2007] ECR I-9485, paragraph 40). | 59. Regarding the risk of serious difficulties, at the hearing the Polish Government produced figures relating to the period from 1 May 2004, the date on which the Republic of Poland acceded to the European Union, and 30 April 2006, thus a two-year period, and showing that the total excise duties levied on passenger cars amounted to 1.16% of the budget revenues forecasted for 2006. However, the Court has not been provided with a breakdown of those figures, which would have afforded the opportunity to assess what proportion of that total would give rise to reimbursement. Moreover, only the excise duty amounts exceeding those corresponding to the residual duty included in similar second-hand vehicles originating from the Member State concerned must be reimbursed. | 0 |
3,518 | 29. As regards the national legislation in question, it should be observed that, on account of its financial implications, there is a risk that it would impair the rational use of airport infrastructures and the reduction of the costs of the services charged to users, thus jeopardising the opening-up of the groundhandling markets and the useful effect of Directive 96/67 (see Commission v Italy , paragraphs 33 and 34). | 34. The obligation imposed by Article 14 of Legislative Decree No 18/99 on the undertakings concerned to take over the staff of the previous supplier puts potential new competitors at a disadvantage in relation to established undertakings and jeopardises the opening-up of the groundhandling markets, thereby undermining the effectiveness of Directive 96/67. | 1 |
3,519 | 42. With regard to the measures which may or must be taken to ensure this legal protection, the Court has stated that, where such a breach is invoked by individuals, national courts must take all the consequential measures, in accordance with national procedures, as regards both the validity of measures giving effect to the aid and the recovery of financial support granted in disregard of Article 88(3) EC (see Case C‑354/90 Fédération nationale du commerce extérieur des produits alimentaires and Syndicat national des négociants et transformateurs de saumon [1991] ECR I-5505, paragraph 12, and Case C-174/02 Streekgewest [2005] ECR I-85, paragraph 17). | 15 BY CONFERRING THOSE POWERS ON THE COMMUNITY, THE MEMBER STATES SHOWED THEIR WISH TO BIND IT BY THE OBLIGATIONS ENTERED INTO UNDER THE GENERAL AGREEMENT . | 0 |
3,520 | 32. According to the Court’s case law, as the rules regarding the manner in which the EU institutions arrive at their decisions are laid down in the Treaties and are not within the discretion of the Member States or of the institutions themselves, the Treaties alone may, in particular cases, empower an institution to amend a decision-making procedure established by the Treaties. Accordingly, to acknowledge that an institution can establish secondary legal bases, whether for the purpose of strengthening or easing the detailed rules for the adoption of an act, is tantamount to according that institution a legislative power which exceeds that provided for by the Treaties (see judgment in Parliament v Council , C‑133/06, EU:C:2008:257, paragraphs 54 to 56). | 35
Secondly, in accordance with the Court’s settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court therefore cannot take account of any subsequent changes (judgments of 19 June 2003, Commission v France, C‑161/02, EU:C:2003:367, paragraph 9; of 20 May 2010, Commission v Spain, C‑158/09, not published, EU:C:2010:292, paragraph 7; and of 28 October 2010, Commission v Lithuania, C‑350/08, EU:C:2010:642, paragraph 30). | 0 |
3,521 | 35
Article 11(1) of the Basic Regulation lays down the principle of a single applicable law, pursuant to which the persons to whom that law applies are subject to the legislation of a single Member State. Therefore, that principle also aims to avoid the complications which may arise from the simultaneous application of several national laws and to eliminate unequal treatment which, for employed and self-employed workers moving within the Union, is the consequence of partial or total overlapping of the applicable legislation (see, to that effect, judgment of 9 March 2006, Piatkowski, C‑493/04, EU:C:2006:167, paragraph 21). | 61 By its third question the High Court asks whether the Barber judgment, and more particularly the limitation of its effects in time, concern not only contracted-out occupational pension schemes but also non-contracted-out occupational pension schemes. | 0 |
3,522 | 35. In that regard, it is settled case-law that, for the purposes of the application of the provisions of European Union competition law, an undertaking is any entity engaged in an economic activity, irrespective of its legal status and the way in which it is financed (see, inter alia, Case C-41/90 Höfner and Elser [1991] ECR I-1979, paragraph 21, and Joined Cases C-159/91 and C-160/91 Poucet and Pistre [1993] ECR I-637, paragraph 17). It is clear from established case-law that any activity consisting in offering goods and services on a given market is an economic activity (see Case C-82/01 P Aéroports de Paris v Commission [2002] ECR I-9297, paragraph 79; Case C-49/07 MOTOE [2008] ECR I-4863, paragraph 22; and Case C-437/09 AG2R Prévoyance [2011] ECR I-973, paragraph 42). Thus, the State itself or a State entity may act as an undertaking (see, to that effect, Case 41/83 Italy v Commission [1985] ECR 873, paragraphs 16 to 20). | 70. As regards the proportionality of that compulsory insurance scheme, it appears from the documents in the file that the compulsory insurance scheme with ELGA provides a minimum level of cover and that Greek farmers are, therefore, at liberty to supplement it by taking out additional policies, assuming that these are available on the market. That fact argues in favour of the proportionality of the compulsory insurance scheme at issue in the main proceedings. | 0 |
3,523 | 40. That risk must be assessed in the light, inter alia, of the characteristics and specific environmental conditions of the site concerned by that plan or project (see Waddenvereniging and Vogelbeschermingsvereniging , paragraph 49, and Case C‑179/06 Commission v Italy [2007] ECR I‑8131, paragraph 35). | 61. However, the situation of a Union citizen who, like each of the citizens who are family members of the applicants in the main proceedings, has not made use of the right to freedom of movement cannot, for that reason alone, be assimilated to a purely internal situation (see Case C‑403/03 Schempp [2005] ECR I‑6421, paragraph 22, and McCarthy , paragraph 46). | 0 |
3,524 | 92. It is the Court’s settled case-law that the market price is the highest price which a private investor acting under normal competitive conditions is ready to pay for a company in the situation it is in (see Case C‑390/98 Banks [2001] ECR I‑6117, paragraph 77, and Case C‑277/00 Germany v Commission [2004] ECR I‑3925, paragraph 80). | 28. Second, it should be noted that the first sentence of Article 221(3) lays down a limitation rule whereby that communication is not to take place after the expiry of a period of three years from the date on which the customs debt was incurred. | 0 |
3,525 | 54. From those considerations, it must be concluded that Regulation No 1359/95 in itself contained an ambiguity as to the actual scope of the points in it concerning the WTO tariff quotas, in particular in so far as it referred to goods coming under CN codes 0207 41 40, 0207 41 41 and 0207 41 71. In particular, the combination of the heading and the various remarks in column 6 of Annex 7 to that regulation created a situation which was not sufficiently simple for it to be easily detectable from an examination of them that, from 1 July 1995, use of the tariff quotas relating to those goods remained subject to the condition, laid down by Regulation No 1431/94, of producing an import licence. The rules applicable in the present case may thus objectively be described as complex (see, for example, Ilumitrónica , paragraph 57). | 46. À titre liminaire, il convient de rappeler que l’obligation de motivation prévue à l’article 296, deuxième alinéa, TFUE constitue une formalité substantielle qui doit être distinguée de la question du bien-fondé de la motivation, celui-ci relevant de la légalité au fond de l’acte litigieux (voir, notamment, arrêt Elf Aquitaine/Commission, précité, point 146 et la jurisprudence citée). | 0 |
3,526 | 44. Also, where EU law allows Member States a measure of discretion in the implementation of an act of EU law, national authorities and courts remain free to protect fundamental rights under the national constitution, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of EU law are not thereby compromised (see, to that effect, Melloni , C‑399/11, EU:C:2013:107, paragraph 60). | 97. Second, with regard to air transport, passengers whose flights are cancelled or subject to a long delay are in an objectively different situation from that experienced by passengers on other means of transport in the event of incidents of the same nature. Because, in particular, of the location of airports, which are generally outside urban centres, and of the particular procedures for checking-in and reclaiming baggage, the inconvenience suffered by passengers when such incidents occur is not comparable. | 0 |
3,527 | 63
Under Article 4(2) of the Competition Directive, the second paragraph of Article 5(2) and Article 7(3) of the Authorisation Directive and Article 9(1) of the Framework Directive, rights of use for radio frequencies need to be allocated on the basis of criteria which must be objective, transparent, non-discriminatory and proportionate. That latter condition requires that those criteria be appropriate for securing attainment of the objective pursued and do not go beyond what is necessary for attaining it (see, to that effect, judgment of 23 April 2015, Commission v Bulgaria, C‑376/13, not published, EU:C:2015:266, paragraphs 65 and 84). | 22 IF THESE TWO PROVISIONS ARE READ IN CONJUNCTION, IT FOLLOWS THAT TO THE EXTENT TO WHICH COMMUNITY RULES ARE PROMULGATED FOR THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY, THE MEMBER STATES CANNOT, OUTSIDE THE FRAMEWORK OF THE COMMUNITY INSTITUTIONS, ASSUME OBLIGATIONS WHICH MIGHT AFFECT THOSE RULES OR ALTER THEIR SCOPE . | 0 |
3,528 | 53 The Commission is, however, bound by the guidelines and notices that it issues in the area of supervision of State aid where they do not depart from the rules in the Treaty and are accepted by the Member States (Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 22; Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraph 36; and Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraph 43). The Commission may not therefore refuse to apply the de minimis rule to aid granted to undertakings in sectors which the various applicable provisions do not exclude from application of the rule. | 51. As regards aid implemented in Bulgaria before it acceded to the European Union, Title 2 of Annex V to the Act of Accession provides for a monitoring mechanism. That mechanism aims inter alia to limit the range of aid measures which could be regarded as ‘existing aid’ at the time of accession for the purposes of Article 88(1) EC. | 0 |
3,529 | 54. Quant aux travaux effectués par les autorités helléniques, rappelés aux points 35 et 36 du présent arrêt, ils constituent des changements effectués après le terme du délai fixé dans l’avis motivé. Or, selon une jurisprudence constante de la Cour, les changements intervenus postérieurement à ce terme ne sauraient être pris en compte par cette dernière aux fins de l’appréciation de l’existence d’un manquement (voir, en ce sens, arrêts Commission/Allemagne, C-206/10, EU:C:2011:283, point 25, et Commission/Bulgarie, C-152/12, EU:C:2014:82, point 60). | 33 It follows that payments such as those in issue in the main proceedings come within the scope of Article 4(1)(c) of Directive 69/335, even though their amount exceeds the nominal value of the increase in capital which has taken place. | 0 |
3,530 | 75. At paragraph 28 of the judgment in Piraiki-Patraiki and Others v Commission , cited above, the Court, after finding that the Commission was required to inquire into the negative effects which its decision might have on the economy of the Member State concerned and on the undertakings concerned, did not conclude from that finding alone that all the undertakings concerned were individually concerned within the meaning of the fourth paragraph of Article 173 of the Treaty. On the contrary, it considered that only those undertakings which had already entered into contracts which were due to be performed during the period of application of the contested decision but which had been prevented from being performed, in part or at all, were individually concerned within the meaning of the fourth paragraph of Article 173 of the Treaty (see Piraiki-Patraiki and Others v Commission , paragraphs 28, 31 and 32, and Nederlandse Antillen v Council , paragraph 71). | 42. En troisième lieu, les difficultés auxquelles serait confrontée l’ACICL peuvent être surmontées par d’autres mécanismes visant à compenser les difficultés financières de celle-ci, comme l’obtention d’une aide juridictionnelle (voir, en ce sens, arrêt du 22 décembre 2010, DEB, C‑279/09, Rec. p. I‑13849, points 59 et 60, ainsi que, par analogie, arrêt Agrokonsulting-04, précité, point 50). | 0 |
3,531 | 49. The principles of equal treatment and non-discrimination on grounds of nationality imply, in particular, a duty of transparency which enables the concession-granting public authority to ensure that those principles are complied with. That obligation of transparency which is imposed on the public authority consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the service concession to be opened up to competition and the impartiality of procurement procedures to be reviewed (see, to that effect, Telaustria and Telefonadress , cited above, paragraphs 61 and 62). | 97. Furthermore, according to Article 24 of the Association Agreement, the Commission is represented on the Association Council and participates, as the representative of the Community, in the various committees set up by the Association Council, to ensure the continuing cooperation necessary for the proper functioning of the Agreement. Thus, under Article 52(2) of Decision No 1/95, the Commission may call upon the Joint Committee where difficulties arise for the Community or the Republic of Turkey in the implementation of that decision. | 0 |
3,532 | 34
According to the settled case-law of the Court, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision or be made to override the other language versions. Provisions of EU law must be interpreted and applied uniformly in the light of the versions established in all the languages of the European Union. Where there is divergence between the various versions, the provision in question must be interpreted by reference to the general scheme and the purpose of the rules of which it forms part (judgment of 1 March 2016, Alo and Osso, C‑443/14 and C‑444/14, EU:C:2016:127, paragraph 27 and the case-law cited). | 23. Les États membres étaient donc, certes, en droit d’adopter des règles relatives aux modalités précises d’exercice du droit de renonciation, et ces modalités pouvaient comporter, par nature, certaines limitations de ce droit. Toutefois, en adoptant ces règles, les États membres étaient tenus, selon une jurisprudence constante, de veiller à ce que l’effet utile des deuxième et troisième directives assurance vie, compte tenu de l’objet de celles-ci, soit assuré (voir, en ce sens, notamment, arrêt du 8 avril 1976, Royer, 48/75, Rec. p. 497, point 73). | 0 |
3,533 | 44. The concept of ‘irregularity’, within the meaning of Regulation No 2988/95, refers to the infringement of a provision of European Union law resulting from an act or omission by an economic operator; consequently the rule concerning the limitation period laid down in the first subparagraph of Article 3(1) of that regulation is not intended to apply to proceedings in respect of irregularities resulting from errors on the part of the national authorities granting a financial advantage in the name and on behalf of the European Union budget (see, to that effect, Case C‑281/07 Bayerische Hypotheken- und Vereinsbank [2009] ECR I‑91, paragraphs 20 to 22). | 36
However, it is also clear from the case-law of the Court that, where Member States make use of that freedom and determine the connecting factors for the allocation of fiscal jurisdiction in bilateral conventions for the avoidance of double taxation, they are required to respect the principle of equal treatment and the freedoms of movement guaranteed by primary EU law (see, to that effect, judgment of 19 November 2015 in Bukovansky, C‑241/14, EU:C:2015:766, paragraph 37). | 0 |
3,534 | 15 S'agissant plus spécifiquement de la politique agricole commune et de la politique communautaire de l'environnement, la jurisprudence ne fournit aucun élément de droit permettant de faire en principe prévaloir l'une sur l'autre. Elle précise qu'une mesure communautaire ne saurait relever de l'action de la Communauté en matière d'environnement en raison du seul fait qu'elle tient compte des exigences de protection visées à l'article 130 R, paragraphe 2, du traité CE (arrêt du 29 mars 1990, Grèce/Conseil, C-62/88, Rec. p. I-1527, point 20). Les articles 130 R et 130 S laissent entières les compétences que la Communauté détient en vertu d'autres dispositions du traité et ne fournissent une base juridique que pour des actions spécifiques en matière d'environnement (voir, pour l'utilisation des filets maillants dérivants réglementée dans le cadre de la politique agricole commune, arrêt du 24 novembre 1993, Mondiet, C-405/92, Rec. p. I-6133, points 25 à 27). Doivent, en revanche, être fondées sur l'article 130 S du traité les dispositions qui relèvent spécifiquement de la politique de l'environnement (voir, pour des directives portant sur l'élimination des déchets, arrêt du 17 mars 1993, Commission/Conseil, précité), même si elles ont des incidences sur le fonctionnement du marché intérieur (voir, pour un règlement sur le transfert des déchets, arrêt du 28 juin 1994, Parlement/Conseil, C-187/93, Rec. p. I-2857, points 24 à 26) ou si elles poursuivent un objectif d'amélioration de la production agricole (voir, pour une directive concernant des produits phytopharmaceutiques, arrêt du 18 juin 1996, Parlement/Conseil, C-303/94, Rec. p. I-2943). | 39. Thus it is the acquisition of the goods by a taxable person acting as such that determines the application of the VAT system and therefore of the deduction mechanism (see, to that effect, Lennartz , paragraph 15, and Eon Aset Menidjmunt , paragraph 57). | 0 |
3,535 | 41. However, it follows from the need for uniform application of Community law and the principle of equality that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Community, having regard to the context of the provision and the objective pursued by the legislation in question (see, in particular, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C‑323/03 Commission v Spain [2006] ECR I‑2161, paragraph 32, and Case C‑13/05 Chacón Navas [2006] ECR I-6467, paragraph 40). | 11 THE NEED FOR A UNIFORM APPLICATION OF COMMUNITY LAW AND THE PRINCIPLE OF EQUALITY REQUIRE THAT THE TERMS OF A PROVISION OF COMMUNITY LAW WHICH MAKES NO EXPRESS REFERENCE TO THE LAW OF THE MEMBER STATES FOR THE PURPOSE OF DETERMINING ITS MEANING AND SCOPE MUST NORMALLY BE GIVEN AN INDEPENDENT AND UNIFORM INTERPRETATION THROUGHOUT THE COMMUNITY ; THAT INTERPRETATION MUST TAKE INTO ACCOUNT THE CONTEXT OF THE PROVISION AND THE PURPOSE OF THE RELEVANT REGULATIONS .
| 1 |
3,536 | 57. That obligation to attain the objective pursued by the coercive measure constitutes an extension of the obligation on the Community trade mark courts to take coercive measures when they issue an order prohibiting further infringement or threatened infringement. Without those related obligations, a prohibition of that kind might not be coupled with measures aimed at ensuring that it is complied with, so that it would, to a large extent, have no dissuasive effect (see, to that effect, Nokia , paragraphs 58 and 60). | 19 WITH REGARD TO THE APPLICATIONS FOR COMPENSATION , IT MUST FIRST BE DETERMINED WHETHER THE APPLICANT ' S BEHAVIOUR CONTRIBUTED TO THE DAMAGE WHICH HE CLAIMS TO HAVE SUFFERED .
| 0 |
3,537 | 61 It should next be noted, first, that the Commission did not confine itself to finding that a certain number of organisations did not have their own technical facilities but stated that a large number of producers' organisations did not have either their own or rented facilities and that, moreover, it did not observe that the compulsory intervention funds had insufficient revenue but pointed out that those funds were often non-existent (Greece v Commission, cited above, paragraph 55). | 52. In this respect, it must be recalled that Article 43 EC requires the elimination of restrictions on the freedom of establishment and that it is settled case-law of the Court that all measures which prohibit, impede or render less attractive the exercise of that freedom must be regarded as restrictions within the meaning of that article (see Case C‑442/02 CaixaBank France [2004] ECR I-8961, paragraph 11 and the case-law cited). | 0 |
3,538 | 26. Consequently, where questions submitted by national courts concern the interpretation of a provision of European Union law, the Court is, in principle, obliged to give a ruling (see, in particular, Dzodzi , paragraph 35; Leur‑Bloem , paragraph 25; and Winner Wetten , paragraph 36 and the case‑law cited). | 23 Moreover, the importance of the aims pursued by the regulation at issue is such as to justify negative consequences, even of a substantial nature, for some operators. | 0 |
3,539 | 135 As for the Danish Government's arguments seeking to justify the clause on the ownership and control of airlines, it should be recalled that, according to settled case-law, recourse to justification on grounds of public policy and public safety under Article 56 of the Treaty presupposes the need to maintain a discriminatory measure in order to deal with a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, to that effect, Case 30/77 R v Bouchereau [1977] ECR I-1999, paragraph 35; Case C-114/97 Commission v Spain [1998] ECR I-6717, paragraph 46; Case C-348/96 Calfa [1999] ECR I-11, paragraph 21). It follows that there must be a direct link between that threat, which must, moreover, be current, and the discriminatory measure adopted to deal with it (see, to that effect, Case 352/85 Bond van Adverteerders v Netherlands State [1988] ECR 2085, paragraph 36; and Calfa, paragraph 24). | 29. Par ailleurs, il y a lieu de rappeler que la Cour a jugé à maintes reprises que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 20 novembre 2003, Commission/France, C‑296/01, Rec. p. I‑13909, point 43, et du 4 mars 2010, Commission/Italie, C‑297/08, non encore publié au Recueil, point 79). | 0 |
3,540 | 42 As regards the draft national Law, the Court has consistently held that in proceedings under Article 177 of the Treaty it is not for the Court to interpret national law and assess its effects (see, in particular, the judgment of 3 February 1977 in Case 52/76 Benedetti v Munari [1977] ECR 163, paragraph 25). | 52
It must be held that the IBA 98 provides an up-to-date list of the areas of importance for the conservation of birds in Spain which, in the absence of scientific proof to the contrary, constitutes a basis of reference permitting an assessment to be made as to whether that Member State has classified areas of a sufficient number and size as SPAs to protect all the bird species listed in Annex I to Directive 79/409 and the migratory species not listed in that annex (see, to that effect, judgments of 28 June 2007, Commission v Spain, C‑235/04, EU:C:2007:386, paragraph 27, and of 18 December 2007, Commission v Spain, C‑186/06, EU:C:2007:813, paragraph 30). | 0 |
3,541 | 57. In accordance with the principle of equivalence, the procedural rules governing such cases must be no less favourable than those governing purely internal situations (see, to that effect, Palmisani , paragraph 32, and Edis , paragraph 34). Otherwise, there would be a breach of the principle of equal treatment for workers who have exercised their right to freedom of movement and those who have spent their entire working life in a single Member State. | 65
Furthermore, when exercising its right to ask a tenderer to clarify its tender, the contracting authority must treat tenderers equally and fairly, in such a way that a request for clarification does not appear unduly to have favoured or disadvantaged the tenderer or tenderers to which the request was addressed, once the procedure for selection of tenders has been completed and in the light of its outcome (judgment in Manova, C‑336/12, EU:C:2013:647, paragraph 37). | 0 |
3,542 | 72. For reasons comparable to those set out in detail by the Court in the judgment in LPN and Finland v Commission (C‑514/11 P and C‑605/11 P, EU:C:2013:738, paragraphs 52 to 65), the Commission was entitled to consider that the full disclosure of the contested studies which, when the express decision was adopted, had already led it to send a letter of formal notice to a Member State, under the first paragraph of Article 258 TFEU, and had, consequently, been placed in a file relating to the pre-litigation stage of infringement proceedings, would have been likely to disturb the nature and progress of that stage of proceedings, by making more difficult both the process of negotiation between the Commission and the Member State and the pursuit of an amicable agreement whereby the alleged infringement could be brought to an end, without it being necessary to resort to the judicial stage of those proceedings. The Commission was, consequently, justified in considering that such full disclosure would have undermined the protection of the purpose of investigations, within the meaning of the third indent of Article 4(2) of Regulation No 1049/2001. | 37
In that context, it should be noted that that objective includes, pursuant to Article 1(a) and (d) of the Agreement, the objective of granting to those nationals, inter alia, a right of entry, residence, access to work as employed persons and the same living, employment and working conditions as those accorded to nationals of the individual states in question. | 0 |
3,543 | 40. To assess whether a measure is selective, it must be examined whether, within the context of a particular legal system, that measure constitutes an advantage for certain undertakings in comparison with others which are in a comparable legal and factual situation. However, the concept of State aid does not refer to measures which differentiate between undertakings and are therefore a priori selective where that differentiation arises from the nature or scheme of the system of which they form part (see British Aggregates v Commission , paragraphs 82 and 83 and the case-law cited). | 15 The corrective statement of reasons in the addendum cannot be taken into account, since it was submitted after the commencement of these proceedings . | 0 |
3,544 | 58. According to settled case-law, national legislation which makes the provision of certain services on national territory, by an undertaking established in another Member State, subject to the issue of an administrative authorisation constitutes a restriction on the freedom to provide services within the meaning of Article 49 EC (see, inter alia, Case C-43/93 Vander Elst [1994] ECR I-3803, paragraph 15; Commission v Belgium , paragraph 35; Case C-189/03 Commission v Netherlands [2004] ECR I‑9289, paragraph 17; and Case C-134/05 Commission v Italy [2007] ECR I-0000, paragraph 23). | 38. In the light of those considerations, the coefficient designed to take account of the seriousness of the infringement should be set at 8, which appropriately reflects the particular nature of the infringement in question. | 0 |
3,545 | 51
Thus, the Cypriot legislation may deter the abovementioned group of civil servants from leaving Cyprus to work within an EU institution since, by accepting employment within such an institution, they lose the right to benefit under the national sickness insurance scheme from old-age benefits to which they would have been entitled had they not accepted that employment (see, to that effect, judgments in My, C‑293/03, EU:C:2004:821, paragraph 47; Rockler, C‑137/04, EU:C:2006:106, paragraph 19; and Öberg, C‑185/04, EU:C:2006:107, paragraph 16). | 9 IN THOSE CIRCUMSTANCE THE POSSIBILITY THAT THE FRENCH REPUBLIC MIGHT DECIDE NOT TO MAKE USE OF THE AUTHORIZATION GRANTED TO IT BY THE COMMISSION DECISION WAS ENTIRELY THEORETICAL , SINCE THERE COULD BE NO DOUBT AS TO THE INTENTION OF THE FRENCH AUTHORITIES TO APPLY THE DECISION .
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3,546 | 22. The second subparagraph of Article 17(6) of the Sixth Directive contains a standstill clause which provides for the retention of national exclusions from the right to deduct VAT which were applicable before the Sixth Directive entered into force for the Member State concerned. The objective of that provision is to allow Member States, pending the establishment by the Council of the Community system of exclusions from the right to deduct VAT, to maintain any rules of national law excluding that right to deduct which were actually applied by their public authorities at the date of entry into force of the Sixth Directive (see Metropol and Stadler , paragraph 48; Danfoss and AstraZeneca , paragraphs 30 and 31; and Magoora , paragraph 35). | 24. En ce qui concerne les taxes d’immatriculation des véhicules, il est de jurisprudence constante qu’un État membre peut soumettre à une taxe d’immatriculation un véhicule automobile immatriculé dans un autre État membre lorsque ledit véhicule est destiné à être essentiellement utilisé sur le territoire du premier État membre à titre permanent ou qu’il est, en fait, utilisé de cette façon (voir arrêt van Putten e.a., précité, point 46, ainsi que ordonnance Notermans-Boddenberg, précitée, point 26). | 0 |
3,547 | 35. It must be pointed out that, in assessing the interests of the service and the qualifications and merits of the candidates to be taken into consideration in making a promotion decision pursuant to Article 45 of the Staff Regulations, the appointing authority possesses a wide discretion, and in that connection the Community Court's review must be confined to the question whether, having regard to the various considerations which have influenced the administration in making its assessment, the latter has remained within reasonable bounds and has not used its power in a manifestly incorrect way. The Community Court cannot therefore substitute its assessment of the qualifications and merits of the candidates for that of the appointing authority (see Case 324/85 Bouteiller v Commission [1987] ECR 529, paragraph 6). | 35. Il y a lieu de rappeler, à titre liminaire, qu’il résulte du troisième considérant de la directive 95/59 que celle-ci s’inscrit dans le cadre d’une politique d’harmonisation des structures de l’accise sur les tabacs manufacturés ayant pour but d’éviter que la concurrence entre différentes catégories de tabacs manufacturés appartenant à un même groupe ne soit faussée et, ainsi, de réaliser l’ouverture des marchés nationaux des États membres (voir arrêts du 4 mars 2010, Commission/France, C‑197/08, non encore publié au Recueil, point 33; Commission/Autriche, C‑198/08, non encore publié au Recueil, point 25, et Commission/Irlande, C‑221/08, non encore publié au Recueil, point 36). | 0 |
3,548 | 30
The Court has made it clear that that test is satisfied where a breach is established which implies that the institution concerned manifestly and gravely disregarded the limits set on its discretion, the factors to be taken into consideration in that connection being, inter alia, the degree of clarity and precision of the rule breached and the measure of discretion left by that rule to the EU authorities (see, to that effect, in particular, judgments of 5 March 1996, Brasserie du pêcheur and Factortame, C‑46/93 and C‑48/93, EU:C:1996:79, paragraphs 55 and 56; of 25 January 2007, Robins and Others, C‑278/05, EU:C:2007:56, paragraph 70; and of 19 June 2014, Specht and Others, C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraph 102). | 47. To that end, reference needs to be made to the purpose of Directive 2003/6. As is apparent from its title, that directive seeks to tackle market abuse. The second and twelfth recitals in the preamble thereto state that, following the example of Directive 89/592, it prohibits insider dealing with the aim of protecting the integrity of financial markets and enhancing investor confidence, a confidence which depends, inter alia, on investors being placed on an equal footing and protected against the improper use of inside information (see, by analogy, Case C‑384/02 Grøngaard and Bang [2005] ECR I‑9939, paragraphs 22 and 33). | 0 |
3,549 | 30. On the other hand, according to the case-law of the Court, the extent of the obligation to state reasons is a question of law reviewable by the Court on appeal, since a review of the legality of a decision carried out in that context must necessarily take into consideration the facts on which the Court of First Instance based itself in reaching its conclusion as to the adequacy or inadequacy of the statement of reasons (see Case C-188/96 P Commission v V [1997] ECR I-6561, paragraph 24, and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 453). | 54. Pursuant to Article 3(2) and (3) of the Framework Directive and recital 11 in its preamble, in accordance with the principle of the separation of regulatory and operational functions, Member States must guarantee the independence of the national regulatory authority or authorities with a view to ensuring the impartiality and transparency of their decisions. | 0 |
3,550 | 43. Since the New York Convention governs a field excluded from the scope of Regulation No 44/2001, it does not relate to a ‘particular matter’ within the meaning of Article 71(1) of that regulation. Article 71 governs only the relations between that regulation and conventions falling under the particular matters that come within the scope of Regulation No 44/2001 (see, to this effect, judgment in TNT Express Nederland , C‑533/08, EU:C:2010:243, paragraphs 48 and 51). | 39. It follows that the managing body of the airport is authorised to collect a fee in return for granting access to airport "installations" . | 0 |
3,551 | 65. The Court has, similarly, held that it is for the national courts to ensure, having regard in particular to the actual rules for applying the restrictive legislation concerned, that the latter genuinely meets the concern to reduce opportunities for gambling and to limit activities in that area in a consistent and systematic manner (see to that effect, in particular, Zenatti , paragraphs 36 and 37, and Placanica and Others , paragraphs 52 and 53). | 46 Here, it must be stressed, as has been done by the Advocate General at point 66 of his Opinion, that the object of a convention such as that in issue is simply to prevent the same income from being taxed in each of the two States. It is not to ensure that the tax to which the taxpayer is subject in one State is no higher than that to which he or she would be subject in the other. | 0 |
3,552 | 23. As the Court has held, it results from the wording of that provision that, as a general rule and unless otherwise specified, the submission of facts and evidence by the parties remains possible after the expiry of the time-limits to which such submission is subject under the provisions of Regulation No 40/94 and that OHIM is in no way prohibited from taking account of facts and evidence which are submitted or produced late ( OHIM v Kaul , paragraph 42, and Case C‑621/11 P New Yorker SHK Jeans v OHIM [2013] ECR I‑0000, paragraph 22). | 129. As the Polish Government in particular observed, that difference can be explained by the fact that an injunction against an infringer entails, logically, preventing that person from continuing the infringement, whilst the situation of the service provider by means of which the infringement is committed is more complex and lends itself to other kinds of injunctions. | 0 |
3,553 | 34. The Court has repeatedly held, first, that the employment rights and, accordingly, the rights of residence which are conferred on Turkish workers by the provisions set out in the three indents of Article 6(1) of Decision No 1/80 are progressively extended in proportion to the duration of lawful paid employment and are intended to consolidate progressively the position of the persons concerned in the host Member State. Secondly, the Court has also consistently held that the national authorities have no option to attach conditions to or restrict the application of such rights, as they would otherwise undermine the effect of that decision (see Case C-36/96 Günaydin [1997] ECR I-5143, paragraphs 37 to 40 and paragraph 50; Case C-1/97 Birden [1998] ECR I-7747, paragraph 19; Case C-188/00 Kurz [2002] ECR I-10691, paragraph 26; and Joined Cases C-317/01 and C-369/01 Abatay and Others [2003] ECR I-12301, paragraph 78). | 67. It follows from all the foregoing that, in the absence of scientific studies capable of rebutting the results of IBA 2000, that inventory is the most up-to-date and accurate reference for identifying the most suitable sites in number and in size for the conservation of the species listed in Annex I and for the regularly occurring migratory species not listed in that annex.
The first part of the first complaint
– Arguments of the parties | 0 |
3,554 | 30
As regards the time from which review procedures must be available, it is appropriate to recall that, as is apparent from its first and second recitals, Directive 89/665 is intended to strengthen the existing mechanisms, both at national and EU levels, to ensure the effective application of the directives relating to public procurement, in particular at a stage when infringements can still be corrected. To that effect, the third subparagraph of Article 1(1) of that directive requires Member States ‘to ensure that … decisions taken by the contracting authorities may be reviewed effectively and, in particular, as rapidly as possible’ (see judgment of 12 December 2002, Universale-Bau and Others, C‑470/99, EU:C:2002:746, paragraph 74). | 39. It should be recalled at the outset that the interest in bringing proceedings – a condition of admissibility – must continue up until the Court’s ruling on the substance. According to the case-law of the Court, such an interest exists as long as the appeal may, if successful, procure an advantage for the party bringing it (Case C-550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission [2010] ECR I‑0000, paragraphs 22 and 23). | 0 |
3,555 | 35IT SHOULD BE RECALLED THAT THE PROVISIONS OF ARTICLE 1 OF THE SAID ROYAL DECREE WERE AT THE ROOT OF THE REFERENCE FOR A PRELIMINARY RULING BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS IN CASE 8/74 PROCUREUR DU ROI V BENOIT AND GUSTAVE DASSONVILLE , WHICH ASKED WHETHER A NATIONAL PROVISION PROHIBITING THE IMPORT OF GOODS BEARING A DESIGNATION OF ORIGIN WHERE SUCH GOODS ARE NOT ACCOMPANIED BY AN OFFICIAL DOCUMENT ISSUED BY THE GOVERNMENT OF THE EXPORTING COUNTRY CERTIFYING THEIR RIGHT TO SUCH DESIGNATION CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
| 44. Article 1 of that directive provides that its purpose is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection (Joined Cases C-261/07 and C-299/07 VTB-VAB and Galatea [2009] ECR I-2949, paragraph 51). | 0 |
3,556 | 82. The reasons invoked by an institution and capable of justifying refusal of access to such a document of which communication has been requested before the closure of the administrative procedure might not be sufficient for refusing disclosure of the same document after the adoption of the decision, without that institution explaining the specific reasons why is considers that the closure of the procedure does not exclude the possibility that that refusal of access may remain justified having regard to the risk of a serious undermining of its decision-making process (see, by analogy with the second indent of Article 4(2) of Regulation No 1049/2001, Sweden and Others v API and Commission , paragraphs 132 to 134). | 27. Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them. | 0 |
3,557 | 35. That consideration is also valid as regards the existence of distortion of competition. The fact that two identical or similar supplies which meet the same needs are treated differently for the purposes of VAT gives rise, as a general rule, to a distortion of competition (see, to that effect, Case C-404/99 Commission v France [2001] ECR I-2667, paragraphs 46 and 47, and Case C-363/05 JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies [2007] ECR I-5517, paragraphs 47 to 51). | 44
Second, in order to fall within the concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29, it is also necessary, as noted in paragraph 41 of the present judgment, that the protected works actually be communicated to a ‘public’ (judgment of 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 40). | 0 |
3,558 | 65. Such an assessment, based on facts, is not open to challenge in an appeal (see, inter alia, Case C‑328/05 P SGL Carbon v Commission [2007] ECR I‑3921, paragraph 86). The appellants’ argument must therefore be rejected as inadmissible. | 21 The organisation of trade fairs is an economic activity falling within the chapter of the Treaty dealing with the right of establishment when that activity is carried on by a national of one Member State in another Member State on a stable and continuous basis from a principal or secondary establishment in the latter Member State and within the chapter of the Treaty dealing with services when it is carried on by a national of one Member State who moves to another Member State in order to carry on that activity on a temporary basis (see, to that effect, Case C-55/94 Gebhard, [1995] ECR I-4165, paragraphs 25 and 26). | 0 |
3,559 | 52. It is clear from the wording of Article 17(2) of the Sixth Directive that, for a person concerned to be entitled to the right to deduct, first, he must be a ‘taxable person’ within the meaning of that directive and, second, the goods and services in question must be used for the purposes of his taxable transactions (see, to that effect, Case C‑137/02 Faxworld [2004] ECR I-5547, paragraph 24). | 33 Second, the decision as to whether the prohibition on advertising at issue in the main proceedings is proportionate, and in particular as to whether the objective sought might be achieved by less extensive prohibitions or restrictions or by prohibitions or restrictions having less effect on intra-Community trade, calls for an analysis of the circumstances of law and of fact which characterise the situation in the Member State concerned, which the national court is in a better position than the Court of Justice to carry out. | 0 |
3,560 | 84. The Court has already ruled that mixed agreements have the same status in the Community legal order as purely Community agreements, as these are provisions coming within the scope of Community competence (Case C-13/00 Commission v Ireland , paragraph 14). | 14 The Court has ruled that mixed agreements concluded by the Community, its Member States and non-member countries have the same status in the Community legal order as purely Community agreements, as these are provisions coming within the scope of Community competence (see, to that effect, Case 12/86 Demirel [1987] ECR 3719, paragraph 9). | 1 |
3,561 | 36 As regards the conditions to be satisfied in order for a Member State to be required to make reparation for loss and damage caused to individuals as a result of breaches of Community law for which the State can be held responsible, it is clear from the case-law of the Court that there are three: the rule of law infringed must have been intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the loss or damage sustained by the injured parties (see the cases cited above of Brasserie du Pêcheur and Factortame, paragraph 51; Dillenkofer and Others, paragraphs 21 and 23; Norbrook Laboratories, paragraph 107, and Haim, paragraph 36; see also Case C-150/99 Stockholm Lindöpark [2001] ECR I-493, paragraph 37). | 37 Likewise, the Court, having regard to the circumstances of the case, held that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties (Brasserie du Pêcheur and Factortame, paragraph 51; Dillenkofer, paragraphs 21 and 23; Denkavit, paragraph 48; Brinkmann, paragraph 25; see also Case C-140/97 Rechberger and Others v Austria [1999] ECR I-3499, paragraph 21; and Case C-424/97 Haim v Kassenzahnärztliche Vereinigung Nordrhein [2000] ECR I-5123, paragraph 36). | 1 |
3,562 | 27. As regards, first of all, the alleged unlawfulness of the presumption, applied in European Union competition law, that a company holding directly or indirectly all t he capital of another company exercises decisive influence over the latter company, it need merely be pointed out that the validity of that presumption is clear from settled case-law (see, inter alia, Case C‑179/12 P The Dow Chemical Company v Commission EU:C:2013:605, paragraph 56 and the case-law cited). Furthermore, as the Court has also held, the application of such a presumption does not in any way infringe the presumption of innocence, laid down in Article 48 of the Charter and Article 6(2) of the ECHR, given in particular that it is rebuttable (see, inter alia, Case C‑508/11 P Eni v Commission EU:C:2013:289, paragraph 50 and the case-law cited). | 29 It thus follows from the wording of Article 36(3) of Regulation No 222/77 and Article 11a(2) of Regulation No 1062/87 that the indication by the office of departure of the time-limit within which proof of the place of the offence may be furnished by the principal is obligatory. | 0 |
3,563 | 73. That concept requires the unequal treatment found to exist to be justified by the existence of precise and specific factors, characterising the employment condition to which it relates, in the particular context in which it occurs and on the basis of objective and transparent criteria in order to ensure that that unequal treatment in fact meets a genuine need, is appropriate for achieving the objective pursued and is necessary for that purpose. Those factors may result, in particular, from the specific nature of the tasks for the performance of which fixed-term contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State (see, inter alia, Del Cerro Alonso , paragraphs 53 and 58; and Gavieiro Gavieiro and Iglesias Torres , paragraph 55). | 41 To restrict the application of Article 13(2)(f) of Regulation No 1408/71 to the situation where all occupational activity has definitively ceased would thus amount to depriving that provision of part of its substance. | 0 |
3,564 | 10 As the Court has consistently held, Articles 7 and 48 of the Treaty may be invoked only where the case in question comes within the area to which Community law applies, which in this case is that concerned with freedom of movement for workers (see inter alia Joined Cases 35/82 and 36/82 Morson and Jhanjan v State of the Netherlands [1982] ECR 3723, paragraphs 15 and 16). | 24 The second submission is that the contested decision constitutes a misuse of procedure and a misuse of powers . | 0 |
3,565 | 31. However, the measures appropriate to restore genuine equality of opportunity must guarantee real and effective judicial protection and have a genuine deterrent effect on the employer (see judgments in von Colson and Kamann , 14/83, EU:C:1984:153, paragraphs 23 and 24; Draehmpaehl , C‑180/95, EU:C:1997:208, paragraph 25; and Paquay , C‑460/06, EU:C:2007:601, paragraph 45). | 54. It is for the national court to assess if, the contractual structure of the transaction notwithstanding, the evidence put before the court discloses the characteristics of a single transaction. | 0 |
3,566 | 53. In addition, while it is true that the requirement of legal certainty prevents the exercise of individual rights arising from Community law from being subject to conditions and limits set by national administrative rules (see, to that effect, Case C-306/91 Commission v Italy [1993] ECR I-2133, paragraph 14 and Case C-354/98 Commission v France [1999] ECR I-4927, paragraph 11), the fact remains that, in the context of transnational posting of workers, the difficulties likely to arise when comparing national paid-leave schemes cannot be resolved – in the absence of harmonisation in that area – without effective cooperation between the authorities of those Member States (see, to this effect, the Commission Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of Regions of 25 July 2003). The conclusion of administrative agreements aimed at ensuring the mutual recognition of such schemes is part of that cooperation, and more generally, part of the need for cooperation in good faith between Member States in the areas covered by Community law. | 38 However, the provisions of Directive 65/65, as amended by Directive 87/21, may be relied upon only in order to challenge the validity of an authorization issued on the basis of that directive. | 0 |
3,567 | 40. Although the EC Treaty has made it possible in a number of instances for private persons to bring a direct action, where appropriate, before the Community Court, it was not intended to create new remedies in the national courts to ensure the observance of Community law other than those already laid down by national law (Case 158/80 Rewe [1981] ECR 1805, paragraph 44). | 87. Where the principal is not given notification, as was the case in the present proceedings, that person cannot be required to pay the customs debt (see, to that effect, Case C‑230/06 Militzer & Münch [2008] ECR I‑0000, paragraph 39). It must nevertheless be held that at the end of that period, Community entitlement to the own resources arises. That interpretation is necessary in order to ensure diligent and uniform application by the competent authorities of the provisions governing recovery of customs debts, with a view to making Community own resources available efficiently and speedily (see, to that effect, Commission v Germany , paragraph 69). | 0 |
3,568 | 40. It follows that a taxable person cannot be refused the right of deduction unless it is established on the basis of objective factors that that taxable person – to whom the supply of goods or services, on the basis of which the right of deduction is claimed, was made – knew or should have known that, through the acquisition of those goods or services, he was participating in a transaction connected with VAT fraud committed by the supplier or by another trader acting upstream or downstream in the chain of supply of those goods or services (see, to that effect, Kittel and Recolta Recycling , paragraphs 56 to 61, and Mahagében and Dávid , paragraph 45). | 17. It follows that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of Community law referred to in the questions bears no relation to the actual facts of the main action or to its purpose (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑212/06 Gouvernement de la Communauté française and Gouvernement wallon [2008] ECR I‑1683, paragraph 29). | 0 |
3,569 | 24. According to the Court’s case-law, a supply of services is taxable only if there exists between the service supplier and the recipient a legal relationship in which there is a reciprocal performance (judgment in FCE Bank , C‑210/04, EU:C:2006:196, paragraph 34 and the case-law cited). | 23. In those circumstances, since it set in motion such a procedure with the contested proposal, the Hellenic Republic took an initiative likely to affect the provisions of the Regulation, which is an infringement of the obligations under Articles 10 EC, 71 EC and 80(2) EC. | 0 |
3,570 | 28. Consequently, the reference made in the contract documents to a provision of national legislation cannot satisfy the requirement laid down in the second paragraph of Article 19 of the Directive (see, by analogy, with respect to the reference made to a provision of national legislation with a view to defining the criteria for the award of a public works contract to the most economically advantageous tender, Case 31/87 Beentjes [1988] ECR 4635, paragraph 35, and Case C-225/98 Commission v France [2000] ECR I-7445, paragraph 73). | 84. Ainsi qu’il a été relevé au point 65 du présent arrêt, les d roits d’utilisation des fréquences doivent être attribués par les États membres sur la base de critères objectifs, transparents, non discriminatoires et proportionnés, cette dernière condition impliquant que ces critères soient propres à garantir la réalisation de l’objectif qu’ils poursuivent et n’aillent pas au-delà de ce qui est nécessaire pour qu’il soit atteint. | 0 |
3,571 | 52. It should also be remembered that, in the absence of any unifying or harmonising Community measures, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation (Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑470/04 N [2006] ECR I-7409, paragraph 44; Case C‑513/04 Kerkhaert and Morres [2006] ECR I-10967, paragraphs 22 and 23; and Test Claimants in the Thin Cap Group Litigation , paragraph 49). | 37
Nonetheless, as observed in essence by the Advocate General in point 36 of his Opinion, and as the Court has also recognised (see, to that effect, judgment of 14 February 1978, United Brands and United Brands Continentaal v Commission, 27/76, EU:C:1978:22, paragraph 253), there are other methods by which it can be determined whether a price may be excessive. | 0 |
3,572 | 56. As is clear, in particular, from the 12th recital in the preamble to Directive 93/36, the negotiated procedure is exceptional in nature and may be applied only in cases which are set out in an exhaustive list. To that end, Article 6(2) and (3) of Directive 93/36 exhaustively and expressly lists the only exceptions for which recourse to the negotiated procedure is allowed (see, to that effect, as regards Directive 77/62, Case C‑71/92 Commission v Spain [1993] ECR I‑5923, paragraph 10; as regards Directive 93/36, see Teckal , paragraph 43, and Case C‑84/03 Commission v Spain , cited above, paragraph 47). | 67 4 . FURTHER THE OBJECT AND EFFECT OF ITALIAN REGULATIONS AND THE WAY IN WHICH THEY HAVE BEEN IMPLEMENTED WAS TO MATCH SUPPLY EXACTLY WITH DEMAND AND THEREBY REMOVE A VITAL ELEMENT OF NORMAL COMPETITION . | 0 |
3,573 | 63 Although a measure of that kind affects the free movement of goods, it is not necessarily contrary to Community law, since it is adopted in accordance with directives the very aim of which is to ensure the free movement of agricultural products (see, to that effect, Case 37/83 Rewe-Zentrale v Landwirtschaftskammer Rheinland [1984] ECR 1229, paragraph 19), provided that it respects the general principles of Community law, in particular the principle of proportionality, which will be examined in the context of the fifth plea. | 50. With respect to the right to furnish proof of the place where the offence or irregularity was committed, it must be observed that Articles 454 and 455 of the implementing regulation do not specify the person who must or may furnish that proof, and in any event do not exclude the possibility of that proof being furnished by the guaranteeing association. | 0 |
3,574 | 51 As the Court held at paragraph 14 of its judgment in Commission v Germany, cited above, in view of the mandatory nature of the supervision of State aid by the Commission under Article 93 of the Treaty, undertakings to which an aid has been granted cannot, in principle, entertain a legitimate expectation that the aid is lawful unless it has been granted in compliance with the procedure laid down in that article. A diligent operator should normally be able to determine whether that procedure has been followed. | 78. As a result, the drafting error pointed out by the appellant cannot be regarded as an error of reasoning which could justify the annulment of the judgment under appeal on that point (see Case C-326/91 P de Compte v Parliament [1994] ECR I‑2091, paragraph 96). | 0 |
3,575 | 121. In order to establish the selective nature of the contested measures, it is not necessary for the competent national authorities to have a discretionary power in the application of the tax deduction at issue (see Case C-75/97 Belgium v Commission , paragraph 27) even if the existence of such a power may enable the public authorities to favour certain undertakings or productions to the detriment of others and, therefore, to establish the existence of aid within the meaning of Articles 4(c) CS or 87 EC. | 8 The Court has already held in its judgment of 7 February 1985 in Case 240/83 Procureur de la République v Association de défense des brûleurs d' huiles usagées (( 1985 )) ECR 531 that the protection of the environment is "one of the Community' s essential objectives", which may as such justify certain limitations of the principle of the free movement of goods . That view is moreover confirmed by the Single European Act . | 0 |
3,576 | 25. In that regard, it must be recalled that, in accordance with settled case‑law, the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, in particular, Case C‑83/91 Meilicke [1992] ECR I‑4871, paragraph 22, and Case C‑380/01 Schneider [2004] ECR I-1389, paragraph 20). | 27. According to the Finnish, French and United Kingdom Governments, that provision clearly shows that Member States are entitled to reserve the benefit of the tax credit for dividends paid by companies established in their territory. | 0 |
3,577 | 57
It follows that, as DEI argues, the case-law settled by the judgments of 4 December 2013, Commission v Council (C‑121/10, EU:C:2013:784, paragraph 59); and of 4 December 2013, Commission v Council (C‑111/10, EU:C:2013:785, paragraph 58), according to which extension of the existing aid scheme creates new aid, follows the same logic as the judgments of 9 August 1994, Namur-Les assurances du crédit (C‑44/93, EU:C:1994:311); and of 20 May 2010, Todaro Nunziatina & C. (C‑138/09, EU:C:2010:291). It must, moreover, be emphasised that, in those judgments of 4 December 2013, the Court expressly referred to paragraphs 46 and 47 of the latter judgment. | 32 Community law does not therefore lay down any strict interpretative criterion for the concept of risk of confusion. | 0 |
3,578 | 62. As regards the criteria concerning the exercise of the right to object and judicial review of an opposition decision, the Hellenic Republic points out that the public security clause and its various elements, despite their flexible nature, may be controlled, and are in fact controlled, by the courts, both at the national and EU level, as clauses derogating from the fundamental freedoms of movement enshrined in the Treaties (see, to that effect, inter alia, Case 30/77 Bouchereau [1977] ECR 1999, paragraphs 33 to 35, and Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraph 34). | 35 IN SO FAR AS IT MAY JUSTIFY CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF PERSONS SUBJECT TO COMMUNITY LAW , RECOURSE BY A NATIONAL AUTHORITY TO THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , IN ANY EVENT , THE EXISTENCE , IN ADDITION TO THE PERTURBATION OF THE SOCIAL ORDER WHICH ANY INFRINGEMENT OF THE LAW INVOLVES , OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT TO THE REQUIREMENTS OF PUBLIC POLICY AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY .
| 1 |
3,579 | 51. However, for an argument based on such a justification to succeed, a direct link must be established, according to settled case‑law, between the tax advantage concerned and the compensating of that advantage by a particular tax levy ( Commission v Belgium , paragraph 71 and the case‑law cited), with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question (Case C‑418/07 Papillon [2008] ECR I‑8947, paragraph 44, and Aberdeen Property Fininvest Alpha , paragraph 72). | 53 In the absence of any express provisions in that regard in the Fifth Code, the relevant time-limits could only be amended in accordance with the procedure followed for the adoption of the Fifth Code, that is to say, pursuant to Article 95 of the ECSC Treaty, which requires the unanimous assent of the Council. | 0 |
3,580 | 30. Pour autant que la République française fait état des travaux législatifs ayant pour objet de rendre la législation française conforme à l’article 63 TFUE et à l’article 40 de l’accord EEE, il suffit de rappeler qu’il est de jurisprudence constante que 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 Commission/Grèce, C‑351/13, EU:C:2014:2150, point 20, et Commission/Belgique, C‑317/14, EU:C:2015:63, point 34). | 16 In this regard, it is clear from the observations submitted to the Court and from the details provided at the hearing that Grandvision is a limited-liability company which was established under Belgian law in 1990 under the name Vision Express Belgium SA by the Netherlands company VE Holdings BV. As a subsidiary of Vision Express UK Ltd, a company governed by English law, it belongs to a group of companies established in various Member States which markets products and services in the optics sector. The legal position of such a company comes within the scope of Community law pursuant to the provisions of Article 52 of the Treaty. | 0 |
3,581 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 21 As regards the need to preserve the cohesion of the tax system, the Court held, in its judgment delivered today in Case C-300/90 Commission v Belgium, that there exists under the Belgian rules a connection between the deductibility of contributions and the liability to tax of sums payable by the insurers under pension and life assurance contracts. According to Article 32a of the CIR, cited above, pensions, annuities, capital sums or surrender values under life assurance contracts are exempt from tax where there has been no deduction of contributions under Article 54. | 0 |
3,582 | 55
In that regard, in the absence of a definition of the notion of an ‘abnormally low tender’ or of rules making it possible to identify such a tender under Article 139(1) or Article 146(4) of Regulation No 2342/2002, it falls to the contracting authority to determine the method used to identify abnormally low tenders (see, by analogy, judgment of 18 December 2014, Data Medical Service, C‑568/13, EU:C:2014:2466, paragraph 49 and the case-law cited), provided that that method is objective and non-discriminatory (see, by analogy, judgment of 27 November 2001, Lombardini and Mantovani, C‑285/99 and C‑286/99, EU:C:2001:640, paragraphs 68 and 69). | 28. As a consequence, the collection of interest on arrears is conditional upon failure to pay the duty by the deadline set and such collection may not be made where the debtor has paid the customs debt within the time allowed. | 0 |
3,583 | 33. If, as submitted by the applicants in the main proceedings and Ireland, that legislation has restrictive effects on the free movement of services and the free movement of capital, such effects are an unavoidable consequence of any restriction on freedom of establishment and do not justify, in any event, an independent examination of that legislation in the light of Articles 49 EC and 56 EC (see, to that effect, Case C-36/02 Omega [2004] ECR I‑9609, paragraph 27). | 77. It follows that the determination according to age of the basic pay step on appointment of a public sector contractual employee goes beyond what is necessary and appropriate for achieving the legitimate aim, relied on by the German Government, of taking account of the professional experience acquired by the employee before he is appointed. It should be observed that a criterion also based on length of service or professional experience but without resorting to age would, from the point of view of Directive 2000/78, appear better adapted to achieving the legitimate aim mentioned above. The fact that, for a large number of employees appointed at a young age, the step in classification corresponds to their professional experience and that the criterion of age coincides in most cases with their length of service does not alter that assessment. | 0 |
3,584 | 145
So far as concerns, in the first place, the argument alleging breach of the principle that penal provisions may not have retroactive effect, it should be pointed out first of all that it is clear from the Court’s case-law that the principle that penal provisions may not have retroactive effect constitutes a general principle of EU law (see, to that effect, judgments of 10 July 1984, Kirk, 63/83, EU:C:1984:255, paragraph 22, and of 8 February 2007, Groupe Danone v Commission, C‑3/06 P, EU:C:2007:88, paragraph 87). That general principle of law requires the infringement attributed to a person and the penalty imposed on that basis to correspond to those which were laid down at the time when the action or omission constituting the infringement occurred (see, to that effect, judgments of 10 July 1984, Kirk, 63/83, EU:C:1984:255, paragraph 21, and of 8 September 2015, Taricco and Others, C‑105/14, EU:C:2015:555, paragraph 56). | 56. It would in no way lead to a conviction of the accused for an act or omission which did not constitute a criminal offence under national law at the time when it was committed (see, by analogy, judgment in Niselli , C‑457/02, EU:C:2004:707, paragraph 30), nor to the application of a penalty which, at that time, was not laid down by national law. On the contrary, the acts which the accused are alleged to have committed constituted, at the time when they were committed, the same offence and were punishable by the same criminal penalties as those applicable at present. | 1 |
3,585 | 27. Both the notes which head the chapters of the Common Customs Tariff and the Explanatory Notes to the SH are important means of ensuring the uniform application of the Tariff and as such may be regarded as useful aids to its interpretation (see Case C‑11/93 Siemens Nixdorf [1994] ECR I‑1945, paragraph 12; Case C‑382/95 Techex [1997] ECR I‑7363, paragraph 12; Case C-339/98 Peacock [2000] ECR I-8947, paragraph 10; and Olicom , paragraph 17). | 26 The degree of knowledge required must be considered to be reached when the earlier mark is known by a significant part of the public concerned by the products or services covered by that trade mark. | 0 |
3,586 | 53. It should be borne in mind, first, that evidence of identity and nationality may be provided by other means (see paragraph 25 of this judgment) and, second, that where it is not specified which means of evidence are admissible for the person concerned to establish that he comes within one of the categories referred to in Articles 1 and 4 of Directive 73/148, it must be concluded that evidence may be adduced by any appropriate means (see, to that effect, Case C-363/89 Roux [1991] ECR I‑273, paragraphs 15 and 16). | 58. In the present case, as the Advocate General has observed in point 86 of his Opinion, Directive 97/9 is, in so far it concerns the delimitation of the cases protected, sufficiently clear, precise and unconditional to be relied on directly by individuals. | 0 |
3,587 | 19. The freedom to provide services confers rights on both providers of services and recipients and any restriction of that freedom may thus undermine the rights of a recipient of services. A recipient may therefore rely on those provisions against the measure concerned (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16, Case C-158/96 Kohll [1998] ECR I-1931, paragraph 35, and Case C-294/97 Eurowings Luftverkehr [1999] ECR I-7447, paragraph 34). | 98. The patients of a dentist visit a dental practice with the sole objective of receiving treatment, as the broadcasting of phonograms is in no way a part of dental treatment. They have access to certain phonograms by chance and without any active choice on their part, according to the time of their arrival at the practice and the length of time they wait and the nature of the treatment they undergo. Accordingly, it cannot be presumed that the usual customers of a dentist are receptive as regards the broadcast in question. | 0 |
3,588 | 44. As the Court has repeatedly held in this context, where a subsequent verification does not allow confirmation of the origin of the goods as stated in the EUR.1 certificate, it must be concluded that those goods are of unknown origin and that the EUR.1 certificate and the preferential tariff were therefore wrongly granted (Case C‑12/92 Huygen and Others [1993] ECR I-6381, paragraphs 17 and 18; Joined Cases C‑153/94 and C‑204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraph 16; and Beemsterboer Coldstore Services , paragraph 34). | À cet égard, il découle d’une jurisprudence constante que permettre à une partie de soulever pour la première fois devant la Cour des moyens et des arguments qu’elle n’a pas soulevés devant le Tribunal reviendrait à l’autoriser à saisir la Cour, dont la compétence en matière de pourvoi est limitée, d’un litige plus étendu que celui dont a eu à connaître le Tribunal. Dans le cadre d’un pourvoi, la compétence de la Cour est donc limitée à l’examen de l’appréciation par le Tribunal des moyens et des arguments qui ont été débattus devant lui (arrêt du 22 octobre 2015, AC-Treuhand/Commission, C‑194/14 P, EU:C:2015:717, point 54). La critique ainsi formulée par la requérante doit, dès lors, être écartée comme étant irrecevable. | 0 |
3,589 | 17. The reasoned opinion, provided for in Article 226 EC, must contain a coherent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see, inter alia, Case C-279/94 Commission v Italy [1997] ECR I‑4743, paragraphs 15 and 19). | 77. Par ailleurs, le gouvernement estonien estime que la réglementation fiscale belge en cause au principal a pour objectif d’éviter que la situation personnelle et familiale du contribuable ne soit simultanément prise en compte dans deux États membres et n’aboutisse, par conséquent, à l’octroi indu d’un double avantage. Il fait valoir, dans cette optique, que la Cour a admis la possibilité pour les États membres de faire obstacle à la double déduction des pertes et renvoie, à cet égard, au point 47 de l’arrêt Marks & Spencer, précité. | 0 |
3,590 | 40
In particular, by entering into an agreement conferring jurisdiction in accordance with Article 23(1) of the Brussels I Regulation, the parties may derogate not only from the general jurisdiction under Article 2 thereof but also from the special jurisdiction laid down in Articles 5 and 6. Thus, the court seised of a matter can, in principle, be bound by a jurisdiction clause derogating from the rules of jurisdiction laid down in Articles 5 and 6 which was concluded by the parties under Article 23(1) (see, to that effect, judgment of 21 May 2015, CDC Hydrogen Peroxide, C‑352/13, EU:C:2015:335, paragraphs 59 and 61). | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
3,591 | 56. The Court held in paragraph 24 of Grunkin and Paul that such serious inconvenience may likewise arise where the child concerned holds the nationality of only one Member State, but that State of origin refuses to recognise the family name acquired by the child in the State of birth and residence. | 61. The prohibition laid down by that provision is designed to ensure that an aid scheme cannot become operational before the Commission has had a reasonable period in which to study the proposed measures in detail and, if necessary, to initiate the procedure provided for in Article 88(2) EC (Case C‑301/87 France v Commission (‘ Boussac Saint Frères’ ) [1990] ECR I‑307, paragraph 17, and CELF and Ministre de la Culture et de la Communication , paragraph 36). | 0 |
3,592 | 73. That is the case in these proceedings, in which, inter alia, the definition of the new thresholds entered into force only on 8 September 2011, so that, at least up to that date, certain projects likely to have effects on the environment within the meaning of Directive 85/337 may have been implemented without any prior environmental impact assessment, in breach of the judgment in Case C‑66/06 Commission v Ireland and, in particular, of the finding at paragraph 85 of that judgment. | 46 First, Article 14(1) of Decision No 1/80 itself provides Member States with the possibility of placing restrictions on the presence of a migrant Turk in the host Member State in individual and appropriately justified cases, where, through his own conduct, he constitutes a genuine and serious threat to public policy, public security or public health. | 0 |
3,593 | 41. Unless it is objectively justified and proportionate to its aim, a provision of national law or a clause in an agreement must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage (see, inter alia, Merida , paragraph 23). In order for a measure to be treated as being indirectly discriminatory, it is not necessary for it to have the effect of placing at an advantage all the nationals of the State in question or of placing at a disadvantage only nationals of other Member States, but not nationals of the State in question (see to that effect, inter alia, Case C-542/09 Commission v Netherlands [2012] ECR, paragraph 38). | 38. Accordingly, the Member States are required to take measures to ensure collection of the levy in any cases where the mechanism provided for in Article 2(2) of Regulation No 3950/92 has been frustrated. | 0 |
3,594 | 18 It must first be noted that the Court has consistently held that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that turnover tax is to be levied on all services supplied for consideration by a taxable person (Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 13, and Case C-453/93 Bulthuis-Griffioen v Inspecteur der Omzetbelasting [1995] ECR I-2341, paragraph 19). | 42. Il convient, dès lors, d’apprécier la conformité du contrôle technique litigieux au regard de l’article 28 CE, en vérifiant si l’obligation de soumettre les véhicules d’occasion précédemment immatriculés dans d’autres États membres à un contrôle technique préalablement à leur immatriculation en Pologne constitue une mesure d’effet équivalent à une restriction quantitative à l’importation, interdite par cette disposition. | 0 |
3,595 | 66
Thus, since the goods at issue in the main proceedings had not yet left those arrangements at the date they were re-exported, even though they had been physically introduced into the territory of the European Union, they cannot have been the subject matter of an ‘importation’ within the meaning of Article 2(2) of the Sixth Directive (see, to that effect, judgment of 8 November 2012 in Profitube, C‑165/11, EU:C:2012:692, paragraph 46). | 47. En tout état de cause, s’il est vrai que la protection des consommateurs peut justifier dans certains cas une entrave au commerce intracommunautaire (voir, en ce sens, arrêts du 20 février 1979, Rewe-Zentral, dit «Cassis de Dijon», 120/78, Rec. p. 649, point 8, et du 12 octobre 2000, Ruwet, C‑3/99, Rec. p. I‑8749, point 50), le Grand-Duché de Luxembourg ne démontre pas pourquoi la pratique litigieuse serait nécessaire pour atteindre cet objectif ni en quoi elle serait proportionnée à cet égard. | 0 |
3,596 | 49. In such circumstances, as the Advocate General pointed out at point 76 of his Opinion, the marketing of non-alcoholic beverages and food in coffee-shops appears to constitute a catering activity characterised by an array of features and acts in which services predominate as opposed to the supply of the product itself (see, by analogy, Case C-491/03 Hermann [2005] ECR I-2025, paragraph 27). | 71. Such legislation amounts to excluding the right to deduct VAT where the prerequisites for the existence of that right are not satisfied. | 0 |
3,597 | 28. In that regard, it must first be observed that Article 234 EC is an instrument of judicial cooperation, by means of which the Court provides the national courts with the points of interpretation of Community law which may be helpful to them in assessing the effects of a provision of national law at issue in the disputes before them (see, to that effect, Case C-254/98 TK-Heimdienst [1998] ECR I-151, paragraph 12, and Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraph 22). | Pour ce qui est de la seconde branche du quatrième moyen, il y a lieu de relever que, contrairement à ce que soutient Pollmeier
Massivholz, celle-ci est recevable. En effet, dans la mesure où ce Land conteste l’application du droit de l’Union, en l’occurrence,
du principe de protection de la confiance légitime, faite par le Tribunal, il ne saurait lui être interdit de discuter de
nouveau au cours du pourvoi ce point de droit au motif que celui-ci a été examiné en première instance (voir, en ce sens,
arrêt du 3 octobre 2013, Inuit Tapiriit Kanatami e.a./Parlement et Conseil, C‑583/11 P, EU:C:2013:625, point 47). | 0 |
3,598 | 19. So far as concerns Article 22 of Regulation No 1408/71, it should nevertheless be borne in mind that that provision is in no way intended to regulate, and hence does not in any way prevent, the reimbursement by Member States, at the tariffs in force in the competent Member State, of costs incurred in connection with treatment provided in another Member State, even without prior authorisation (Kohll , paragraph 27, and Vanbraekel and Others , paragraph 36). | 24 Consequently, the Court of First Instance failed to show that the hearing of the Director-General, without hearing the other party, validly compensated for the absence from the file of the periodic report and that therefore the procedure followed by the Consultative Committee was not unlawful. | 0 |
3,599 | 35. In that regard, it should be recalled that paragraph 1 of Clause 2 of the framework agreement grants men and women workers an individual right to leave of at least three months’ duration. That leave is granted to parents to enable them to take care of their child. It may be taken until the child has reached a given age up to eight years (see Case C-519/03 Commission v Luxembourg [2005] ECR I‑3067, paragraphs 31 and 32). | 38. According to the Court’s case-law, where a transaction comprises a bundle of features and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine whether there were two or more distinct transactions or one single transaction (see, to that effect, in particular Levob Verzekeringen and OV Bank , paragraph 19, and Aktiebolaget NN , paragraph 21). Therefore, contrary to what Don Bosco and the Netherlands Government claim, account must be taken of additional supplies, such as the ones described in the second and third questions referred for a preliminary ruling, by the vendor of the immovable property, in order to determine whether the transaction at issue is exempt from VAT. | 0 |
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