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3,600 | 79. Directive 2000/78 does not, as such, govern the conditions under which the Member States may declare a collective agreement to be of general application. However, the Member States are required to ensure, by means of appropriate laws, regulations or administrative provisions, that all workers are able to enjoy fully the protection granted to them by Directive 2000/78 against discrimination on the grounds of age. Article 16(b) of the directive requires Member States to take the necessary measures to ensure that ‘any provisions contrary to the principle of equal treatment which are included in contracts or collective agreements … are, or may be, declared null and void or are amended’. As long as a collective agreement is not contrary to Articles 1 and 2 of Directive 2000/78 the Member State concerned is free to make it compulsory for persons who are not bound as parties to the agreement (see, by analogy, Case C-67/96 Albany [1999] ECR I-5751, paragraph 66). | 66 In that connection, the request made to the public authorities by the organisations representing employers and workers to make affiliation to the sectoral pension fund set up by them compulsory is part of a regime established under a number of national laws, designed to exercise regulatory authority in the social sphere. Since the agreement at issue in the main proceedings does not fall within the scope of Article 85(1) of the Treaty, as is clear from paragraphs 52 to 64 of this judgment, the Member States are free to make it compulsory for persons who are not bound as parties to the agreement. | 1 |
3,601 | 19. The Court has, however, subsequently acknowledged that a defaulting Member State may rely on the expiry of a limitation period as a defence against legal proceedings, even though by the date on which the actions in question were brought that Member State had not yet correctly transposed the directive in question, ruling that the solution established in Emmott had been justified by the circumstances particular to that case, in which a time-bar had had the result of depriving the applicant in the main proceedings of any opportunity whatever to invoke her right to equal treatment under a directive (see Case C‑338/91 Steenhorst-Neerings [1993] ECR I‑5475; Case C‑410/92 Johnson [1994] ECR I‑5483; Fantask and Others , paragraphs 50 to 52; Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051; and Danske Slagterier , paragraphs 53 to 56). | 9THAT STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE EAGGF IS NECESSARY , MOREOVER , IN VIEW OF THE OBJECTIVES OF REGULATION NO 729/70 .
IN FACT THE MANAGEMENT OF THE COMMON AGRICULTURAL POLICY IN CONDITIONS OF EQUALITY BETWEEN TRADERS IN THE MEMBER STATES REQUIRES THAT THE NATIONAL AUTHORITIES OF A MEMBER STATE SHOULD NOT , BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION , FAVOUR TRADERS IN THAT STATE TO THE DETRIMENT OF THOSE IN OTHER STATES WHERE A STRICTER INTERPRETATION IS APPLIED .
IF SUCH DISTORTION OF COMPETITION BETWEEN MEMBER STATES ARISES DESPITE THE MEANS AVAILABLE TO ENSURE THE UNIFORM APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY IT CANNOT BE FINANCED BY THE EAGGF BUT MUST , IN ANY EVENT , BE BORNE BY THE MEMBER STATE CONCERNED .
IT MUST THEREFORE BE CONCLUDED THAT THE PROVISIONS OF ARTICLE 8 OF REGULATION NO 729/70 ARE NOT APPLICABLE TO THE OPERATIONS IN QUESTION .
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3,602 | 12 In that connection, it should be recalled that, according to the Court's settled case-law, a Member State may not plead situations in its internal legal order, including those resulting from its federal organisation, in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-298/95 Commission v Germany [1996] ECR I-6747, paragraph 18, and Case C-236/99 Commission v Belgium [2000] ECR I-5657, paragraph 23). | 71. Consequently, whether it is the surplus stock charge established by Regulation No 1972/2003 or the measures introduced by Regulation No 60/2004 to eliminate stocks of sugar and other products which are concerned, those instruments which are intended to protect the common organisation of markets apply to all surplus stocks within the meaning of those regulations, regardless of whether the holders of the stocks have actually derived an advantage from marketing them. | 0 |
3,603 | 31. In the third place, the Court has already held on numerous occasions, first, that the first paragraph of Article 7 of Decision No 1/80 has direct effect and, secondly, that the periods of residence as set out in that provision mean that a concomitant right of residence must be acknowledged to exist, without which those periods of residence would be rendered totally ineffective (see, inter alia, Er , paragraphs 25 and 26, and Case C-337/07 Altun [2008] ECR I‑10323, paragraphs 20 and 21). | 26. En tant qu’ICF conteste la conclusion à laquelle le Tribunal est parvenu quant à la possibilité que, en l’absence de l’irrégularité procédurale commise, la procédure administrative ait pu aboutir à un résultat différent, il convient de rappeler que, conformément aux articles 256, paragraphe 1, TFUE et 58, premier alinéa, du statut de la Cour, le pourvoi est limité aux questions de droit. Le Tribunal est seul compétent pour constater et apprécier les faits pertinents ainsi que pour apprécier les éléments de preuve. L’appréciation de ces faits et éléments de preuve ne constitue donc pas, sous réserve du cas de leur dénaturation, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, en ce sens, arrêt Acino/Commission, C‑269/13 P, EU:C:2014:255, point 34 et jurisprudence citée). | 0 |
3,604 | 47. The Court has already held that any tax on income received in the State in which dividends are distributed is a withholding tax on distributed profits for the purposes of Article 5(1) of the Directive where the chargeable event for the tax is the payment of dividends or of any other income from shares, the taxable amount is the income from those shares and the taxable person is the holder of the shares (to this effect, see Epson Europe , paragraph 23, and Athinaiki Zithopiia , paragraphs 28 and 29). | 28 However, national rules of that kind, under which a distinction is drawn on the basis of residence in that non-residents are denied certain benefits which are, conversely, granted to persons residing within national territory, are liable to operate mainly to the detriment of nationals of other Member States. Non-residents are in the majority of cases foreigners. | 0 |
3,605 | 71
In the first place, with regard to the argument that the reasoning in the judgment under appeal is discriminatory and insufficient, it should be pointed out that, according to the Court’s settled case-law, the duty incumbent on the General Court under Article 36 of the Statute of the Court of Justice of the European Union, applicable to the General Court under the first paragraph of Article 53 of that statute, and under Article 81 of the Rules of Procedure of the General Court, to state reasons for its judgments does not require the General Court to provide an account that follows exhaustively and one by one all of the arguments articulated by the parties to the case. The reasoning of the General Court may therefore be implicit, on condition that it enables the persons concerned to know the reasons why that Court has not upheld their arguments and that it provides the Court of Justice with sufficient material for it to exercise its powers of review (see, to that effect, judgments of 16 February 2012, Council and Commission v Interpipe Niko Tube and Interpipe NTRP, C‑191/09 P and C‑200/09 P, EU:C:2012:78, paragraph 105, and of 19 March 2015, MEGA Brands International v OHIM, C‑182/14 P, EU:C:2015:187, paragraph 54). | 49. With respect, next, to the purpose and scheme of Article 2(2)(d) of Directive 2006/123, it should be noted that, as is stated in recital 21 in the preamble to that directive, the exclusion of services in the field of transport is intended to cover inter alia urban transport services. | 0 |
3,606 | 42. As regards in particular the importance of contractual terms in categorising a transaction as a taxable transaction, it is necessary to bear in mind the case-law of the Court according to which consideration of economic and commercial realities is a fundamental criterion for the application of the common system of VAT (see, to that effect, Joined Cases C‑53/09 and C‑55/09 Loyalty Management UK and Baxi Group [2010] ECR I‑9187, paragraphs 39 and 40 and the case-law cited). | 21 As the GSV undertakings, ISI and the Commission observe, that follows in particular from the fact that the time-limit is intended to ensure that operators in the sugar sector will have a period of four months in which to plan their activity, since the marketing year starts on 1 July. They thus need to know, before 1 March, the production quotas they can count on, in order to conclude contracts for the purchase of beet in good time. | 0 |
3,607 | 70. As a preliminary point, it must be recalled that the Court may of its own motion examine whether the conditions laid down in Article 226 EC for bringing an action for failure to fulfil obligations are satisfied (Case C‑362/90 Commission v Italy [1992] ECR I‑2353, paragraph 8; Case C‑439/99 Commission v Italy [2002] ECR I‑305, paragraph 8; Case C‑98/04 Commission v United Kingdom [2006] ECR I‑4003, paragraph 16; and Case C‑195/04 Commission v Finland [2007] ECR I‑3351, paragraph 21). | 153. While it is true that the situation of the former company is improved by the fact that the tax paid in advance which cannot be offset against the amount due in respect of corporation tax may be repaid, such a company remains in a less favourable situation than that of a company receiving nationally-sourced dividends, in that it suffers a cash-flow disadvantage. | 0 |
3,608 | 51. It follows from the case-law that there is also no such need when the species concerned are actually present in autumn in the areas open for spring hunting, even if they are present in considerably smaller numbers than in the spring, provided that those numbers are not inconsiderable (see, to that effect, Commission v Finland , paragraphs 35 and 43). | 28. That list is exhaustive in nature and its items must be interpreted strictly inasmuch as they constitute an obstacle to the attainment of one of the fundamental objectives of Regulation No 44/2001 intended to facilitate the free movement of judgments by establishing a simple and rapid enforcement procedure (see, to that effect, Cast C‑420/07 Apostolides [2009] ECR I‑3571, paragraph 55 and the case‑law cited, and Case C‑139/10 Prism Investments [2011] ECR I‑9511, paragraph 33). | 0 |
3,609 | 57. In those circumstances, since Questions 3 to 6 in Case C‑378/07 relate to the interpretation of Community law and it is not obvious that that interpretation bears no relation to the actual facts of the disputes before the national court or to their purpose, and the disputes are clearly not hypothetical, the Court, as it has consistently held, is bound to answer those questions (see, to that effect, in particular, Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraphs 41 and 42; Case C‑238/05 Asnef-Equifax and Administración del Estado [2006] ECR I‑11125, paragraphs 15 to 17; and the order in Vassilakis and Others , paragraphs 42 to 44). | 75. Il y a lieu de rappeler que la Cour a déjà jugé qu’une mesure qui exclut la possibilité pour une société mère résidente de déduire de son bénéfice imposable des pertes subies dans un autre État membre par une filiale établie sur le territoire de celui-ci, alors qu’elle accorde une telle possibilité pour des pertes subies par une filiale résidente, ou qui exclut, dans le cadre d’une fusion, la possibilité pour la société mère établie dans un État membre de déduire de ses revenus imposables les pertes de la filiale absorbée, établie dans un autre État membre, peut être justifiée par la nécessité de préserver la répartition du pouvoir d’imposition entre les États membres et de faire obstacle aux risques de double emploi des pertes ainsi que d’évasion fiscale (voir, en ce sens, arrêts Marks & Spencer, précité, points 44 à 51, et du 21 février 2013, A, C‑123/11, points 40 à 46), mais va au-delà de ce qui est nécessaire pour atteindre l’essentiel des objectifs poursuivis dans une situation où la filiale non-résidente a épuisé les possibilités de prise en compte des pertes qui existent dans son État membre de résidence (voir, en ce sens, arrêts précités Marks & Spencer, point 55, et A, point 49). | 0 |
3,610 | 89. Therefore, in order to determine whether the circumstances of the case constitute a special situation in which no deception or obvious negligence may be attributed to the person concerned within the meaning of Article 239 of the CCC, the Commission must assess all the relevant facts (see, to that effect, Case 160/84 Oryzomyli Kavallas and Oryzomyli Agiou Konstantinou v Commission [1986] ECR 1633, paragraph 16). | 44. However, in the present case, the appellant’s appeal seeks not to have the judgment under appeal set aside, even in part, that is to say the operative part thereof (see, to that effect, Case C‑263/09 P Edwin v OHIM [2011] ECR I‑5853, paragraphs 83 to 85, and the judgment of 21 December 2011 in Case C‑329/09 P Iride v Commission , paragraph 48), but merely the amendment of some of the grounds of that judgment, as the appellant itself acknowledges in its appeal. | 0 |
3,611 | 15 It is worth pointing out that, although it is for the Commission to prove an infringement of the rules of the common organisation of agricultural markets, it is not obliged to demonstrate exhaustively the insufficiency of the checks carried out by national administrations or the irregularity of the figures transmitted by them, but must present evidence of a serious and reasonable doubt with regard to those checks or those figures (see the abovementioned judgments in Greece v Commission, paragraphs 7 and 8, and Netherlands v Commission, paragraphs 39 and 40). | 7 As the Court has held, only intervention undertaken in accordance with the Community rules within the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). In that context, it is for the Commission to prove an infringement of the rules on the common organisation of the agricultural markets (see Case C-281/89 Italy v Commission [1991] ECR I-347, paragraph 19; Case C-55/91 Italy v Commission [1993] ECR I-4813, paragraph 13; and Case C-253/97, cited above, paragraph 6). Accordingly, the Commission is obliged to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question (Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23). | 1 |
3,612 | 32. First, it should be noted that, whilst it is established that EU law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at European Union level, it is for the legislation of each Member State to determine the conditions for the grant of social security benefits, the fact nevertheless remains that, when exercising that power, Member States must comply with EU law and, in particular, with the provisions on the freedom to provide services (see, in particular, Case C‑157/99 Smits and Peerboms [2001] ECR I‑5473, paragraphs 44 to 46; Case C‑385/99 Müller-Fauré and van Riet [2003] ECR I‑4509, paragraph 100; Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 92, and Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 40). | 57. Article 30 of that regulation defines uniformly and independently the time when a court is to be deemed to be seised for the purposes of the application of Section 9 of Chapter II of that regulation, relating to lis pendens . Under Article 30, a court is deemed to be seised either at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have service effected on the defendant, or, if a document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have the document lodged with the court. Two methods of bringing proceedings before national courts or tribunals are envisaged, either by the lodging of the document initiating proceedings at the court or tribunal or by service of that document. | 0 |
3,613 | 96
Therefore, even after that period has expired, a person cannot rely on such rulings and recommendations of the DSB in order to secure a review of the legality or validity of the EU institutions’ action, at any rate outside situations where, following those rulings and recommendations, the European Union has intended to assume a particular obligation (see, to this effect, judgments in Van Parys, C‑377/02, EU:C:2005:121, paragraphs 40 and 41; Ikea Wholesale, C‑351/04, EU:C:2007:547, paragraphs 30 to 35; and X and X BV, C‑319/10 and C‑320/10, EU:C:2011:720, paragraph 37). | 27. Article 3(2) of the Directive lists the rights which the consumer may rely on against the seller in cases where the goods delivered are not in conformity. Initially, the consumer has the right to require the goods to be brought into conformity. If that is not possible, he may subsequently require a reduction in the price or rescission of the contract. | 0 |
3,614 | 26 Whereas in the judgment in Casarin, cited above, the progression in tax increases between the 15-16 CV band and the 17-18 CV band, on the one hand, and between the bands over 18 CV, on the other, was analysed, in this case the first part of the question referred to the Court relates specifically to the progression in tax increases between the 15-16 CV band only, on the one hand, and bands over 18 CV, on the other (the 19-20 CV, 21-22 CV and 23 CV bands). | 65 3 . ALL THESE CONSIDERATIONS SHOW THAT ITALIAN REGULATIONS AND THE WAY IN WHICH THEY HAVE BEEN IMPLEMENTED HAD A DETERMINATIVE EFFECT ON SOME OF THE MOST IMPORTANT ASPECTS OF THE COURSE OF CONDUCT OF THE UNDERTAKINGS CONCERNED WHICH THE COMMISSION CRITICIZES, SO THAT IT APPEARS THAT, HAD IT NOT BEEN FOR THESE REGULATIONS AND THEIR IMPLEMENTATION, THE COOPERATION, WHICH IS THE SUBJECT-MATTER OF THESE PROCEEDINGS, EITHER WOULD NOT HAVE TAKEN PLACE OR WOULD HAVE ASSUMED A FORM DIFFERENT FROM THAT FOUND TO HAVE EXISTED BY THE COMMISSION . | 0 |
3,615 | 90. However, the Court added, in paragraph 76 of Arblade and Others , that where there is an obligation to keep available and retain certain documents at the address of a natural person residing in the host Member State who holds them as the agent or representative of the employer by whom he has been designated, even after the employer has ceased to employ workers in that State, it is not sufficient, for the purposes of justifying such a restriction on the freedom to provide services, that the presence of such documents within the territory of the host Member State may make it generally easier for the authorities of that State to perform their supervisory task. It must also be shown that those authorities cannot carry out their supervisory task effectively unless the undertaking has, in that Member State, an agent or representative designated to retain the documents in question. In that connection, the Court has held that a requirement that a natural person domiciled in the territory of a host Member State should retain documents cannot be justified (see, Arblade and Others , paragraph 77). | 47 NEVERTHELESS IT IS EVIDENT FROM THE FOREGOING THAT THE FAILURE TO COMPLY WITH THE LEGAL FORMALITIES CONCERNING THE ENTRY , MOVEMENT AND RESIDENCE OF ALIENS DOES NOT IN ITSELF CONSTITUTE A THREAT TO PUBLIC POLICY AND PUBLIC SECURITY WITHIN THE MEANING OF THE TREATY .
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3,616 | 9 A problem of discrimination within the meaning of Article 48 of the Treaty arises, however, only in relation to the attitude of a Member State towards workers from other Member States who wish to pursue their activities in that State. As the Court has consistently held (see, most recently, the judgment in Case C-41/90 Hoefner and Another v Macrotron [1991] ECR I-1979, paragraph 37), the provisions of the Treaty on freedom of movement cannot be applied to activities which are confined in all respects within a single Member State and the question whether that is the case depends on findings of fact which are for the national court to make. | 10. À cet égard, il suffit de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑111/00, Rec. p. I‑7555, point 13, et du 7 juin 2007, Commission/Belgique, C‑254/05, Rec. p. I‑4269, point 39). | 0 |
3,617 | 88. In so far as the provisions of Articles 31 and 40 of the EEA Agreement have the same legal scope as the substantially identical provisions of Articles 49 TFEU and 63 TFEU (see Case C-521/07 Commission v Netherlands [2009] ECR I-4873, paragraph 33, and Case C-72/09 Établissements Rimbaud [2010] ECR I-10659, paragraph 22), all of the foregoing considerations may, in circumstances such as those of the present case, be transposed, mutatis mutandis , to Articles 31 and 40 of that agreement.
The temporal effects of the judgment | 45. That requirement is also disproportionate to the objective of ensuring that workers on detachment return to the Member State of origin once their work has been completed. | 0 |
3,618 | 13 It should be borne in mind in this regard that, as the Court has consistently held (see in particular the judgment in Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 6), the transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the content of the directive, be adequate for the purpose provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts. | 21. In the field of trade marks, placing non-Community goods bearing a mark under a suspensive customs procedure such as that of external transit is not, per se, interference with the right of the proprietor of the mark to control the initial marketing in the Community ( Class International , paragraph 47). | 0 |
3,619 | 33. Moreover, it must be pointed out that products containing a substance which has a physiological effect cannot automatically be classified as medicinal products ‘by function’, for the purposes of Article 1(2)(b) of Directive 2001/83, unless the competent administration has made an assessment, with due diligence, of each product individually, taking account, in particular, of that product’s specific pharmacological, immunological or metabolic properties, to the extent to which they can be established in the present state of scientific knowledge ( Hecht-Pharma , paragraph 40, and Case C - 27/08 BIOS Naturprodukte [2009] ECR I - 3785, paragraph 19). | 63. If the national court reaches the conclusion that national law does not prohibit the transit of counterfeit goods across Austrian territory, the principle of non-retroactivity of penalties, as enshrined in Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is a general principle of Community law common to the constitutional traditions of the Member States, would prohibit the imposition of criminal penalties for such conduct, even if the national rule were contrary to Community law. | 0 |
3,620 | 38. In light of the foregoing, foodstuffs the labelling of which contains references to health which are not misleading must be regarded as complying with the rules laid down in Directive 2000/13 since the Member States are not entitled to prohibit the marketing thereof on grounds relating to the possible irregularity of that labelling ( Commission v Austria , paragraph 37, and Sterbenz and Haug , paragraph 30). | 28. Finally, the third indent of Article 202(3) of the Customs Code also envisages treating as ‘debtors’ persons, again without specifying whether they be natural or legal persons, who, after the unlawful introduction of the goods, that is to say after the operation which has given rise to the customs debt, acquired or held the goods and who were aware or should reasonably have been aware at the time of acquiring or receiving the goods that they had been introduced unlawfully. The extension of the meaning of ‘debtor’ is therefore in that case, as for the application of the second indent of Article 202(3), subordinate to a subjective condition. | 0 |
3,621 | 45. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présente au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêt du 14 avril 2011, Commission/Espagne, C‑343/10, point 54 et jurisprudence citée). | 54. S’agissant, en premier lieu, de l’obligation de disposer d’un «système de collecte» au sens de l’article 3, paragraphe 1, de la directive 91/271, il convient de rappeler, à titre liminaire, que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêt du 10 décembre 2009, Commission/Royaume-Uni, C‑390/07, point 50 et jurisprudence citée). | 1 |
3,622 | 17 As the Court pointed out in its judgment in Case C-354/90 Fédération Nationale du Commerce Extérieur des Produits Alimentaires and Syndicat National des Négociants et Transformateurs de Saumon v France [1991] ECR I-5505, paragraph 14, the principal and exclusive role conferred on the Commission by Articles 92 and 93 of the Treaty, which is to hold aid to be incompatible with the common market where this is appropriate, is fundamentally different from the role of national courts in safeguarding rights which individuals enjoy as a result of the direct effect of the prohibition laid down in the last sentence of Article 93(3) of the Treaty. When the national courts make a ruling in such a matter, they do not thereby decide on the compatibility of the aid with the common market, the final determination on that matter being the exclusive responsibility of the Commission, subject to review by the Court of Justice. | 20 In the absence of any other reason indicated in the preambles to Regulations No 1114/88 and No 2268/88, it must therefore be held that the first condition for the retroactivity of those regulations to be permitted, namely that the purpose to be achieved so demands, is not fulfilled and, consequently, those regulations are invalid in so far as they lay down a maximum guaranteed quantity for tobacco of the "Bright" variety harvested in 1988. | 0 |
3,623 | 19. The Court has stated in that regard that taxes, duties and charges must, in any event, be regarded as being imposed on the movement of goods and services in a way comparable to VAT if they exhibit the essential characteristics of VAT, even if they are not identical to it in every way ( KÖGÁZ and Others , paragraph 35 and the case-law cited). | 78. According to the Commission, the fact that the second statement of objections was sent to TKS and Thyssen separately and that those two undertakings responded separately is of no importance. Those undertakings replied only in a purely formal manner. Although doubts might nevertheless still have existed, they were dispelled by the fact that, after receiving the replies to that statement of objections from those undertakings, the Commission again asked TKS to confirm its acceptance of responsibility for Thyssen’s conduct since 1993. | 0 |
3,624 | 32. Similarly, as the French Republic rightly argued, by drawing up Annex III to Directive 2006/112, the EU legislature intended that essential commodities and goods and services having social or cultural objectives may be subject to a reduced rate of VAT, provided that those goods or services pose no or little risk of distortion to competition (see, to that effect, judgment in Commission v Netherlands , C‑41/09, EU:C:2011:108, paragraph 52). | 54. The only relevant criterion for applying the concept of ‘the same acts’ within the meaning of Article 54 of the CISA is identity of the material acts, understood as the existence of a set of concrete circumstances which are inextricably linked together (see Van Esbroeck , paragraph 36). | 0 |
3,625 | 72. Consequently, as Apis, the Bulgarian Government and the Commission argue, the fact that all or part of the materials brought together in a collection of data are official and publicly accessible does not relieve the national court of an obligation to verify, in the light of all relevant facts, whether that collection constitutes a database capable of being protected by the sui generis right on the ground that a substantial investment, in quantitative or qualitative terms, was necessary to obtain, verify and/or present its overall contents (see, to that effect, Case 46/02 Fixtures Marketing , cited above, paragraphs 32 to 38). | 45. Where a public subsidy is granted to shipbuilding or ship conversion undertakings, the supply of those services by the undertakings may for that reason be maintained or increased with the result that undertakings established in other Member States have less chance of providing their services in that sector in the market of that Member State (see, to this effect, Altmark Trans and Regierungspräsidium Magdeburg , paragraph 78). | 0 |
3,626 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 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 |
3,627 | 33
In that connection, it must be recalled that, in the absence of any specific provision in the VAT Directive as to the evidence that taxable persons are required to provide in order to be granted an exemption from VAT, it is for the Member States to lay down, in accordance with Article 131 of that directive, the conditions in which intra-Community supplies of goods will be exempt, with a view to ensuring the correct and straightforward application of those exemptions and of preventing any possible evasion, avoidance or abuse. However, when they exercise their powers, Member States must observe the general principles of law which form part of the European Union legal order (see judgments of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 36 and the case-law cited, and of 9 October 2014, Traum, C‑492/13, EU:C:2014:2267, paragraph 27). | 50. In this respect, it must be observed, first, that the relationship between a public authority which is a contracting authority and its own departments is governed by considerations and requirements proper to the pursuit of objectives in the public interest. Any private capital investment in an undertaking, on the other hand, follows considerations proper to private interests and pursues objectives of a different kind. | 0 |
3,628 | 52
In that regard, it should be borne in mind that, under Article 8(3)(a) of Directive 2004/35, read in conjunction with recital 20 thereof, the operator is not required to bear the costs if he can prove that the environmental damage was caused by a third party, and occurred despite the fact that appropriate safety measures were in place, or resulted from an order or instruction emanating from a public authority (see, to that effect, judgment of 4 March 2015, Fipa Group and Others, C‑534/13, EU:C:2015:140, paragraph 58 and the case-law cited). | 27. Therefore, it is not permissible to equate the two terms. | 0 |
3,629 | 122 Finally, as regards Brentjens' argument that an adequate level of pension for workers could be assured by laying down minimum requirements to be met by pensions offered by insurance companies, it must be emphasised that, in view of the social function of supplementary pension schemes and the margin of appreciation enjoyed, according to settled case-law, by the Member States in organising their social security systems (Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16; Poucet and Pistre, cited above, paragraph 6; and Case C-70/95 Sodemare and Others [1997] ECR I-3395, paragraph 27), it is incumbent on each Member State to consider whether, in view of the particular features of its national pension system, laying down minimum requirements would still enable it to ensure the level of pension which it seeks to guarantee in a sector by compulsory affiliation to a pension fund. | 39. À cet égard, il convient de rappeler que la nécessité de parvenir à une interprétation du droit de l’Union qui soit utile au juge national implique que celui-ci définisse le cadre factuel et réglementaire dans lequel s’insèrent les questions qu’il pose ou que, à tout le moins, il explique les hypothèses factuelles sur lesquelles ces questions sont fondées. Ces exigences valent tout particulièrement dans le domaine de la concurrence, qui est caractérisé par des situations de fait et de droit complexes (voir, notamment, arrêt du 11 mars 2010, Attanasio Group, C‑384/08, Rec. p. I‑2055, point 32 et jurisprudence citée). | 0 |
3,630 | 29. Furthermore, the Court has also held that the production by the Commission of additional evidence intended, at the stage of proceedings before the Court, to support the proposition that the failure thus alleged is general and consistent cannot be ruled out in principle (Case C-494/01 Commission v Ireland [2005] ECR I-3331, paragraph 37, and judgment of 22 December 2008 in Case C-189/07 Commission v Spain , paragraph 29). | 10 IT SHOULD BE NOTED THAT THE MAIN PURPOSE OF MR CASTAGNOLI' S COMPLAINT WAS TO CHALLENGE HIS RECRUITMENT AS A MEMBER OF THE AUXILIARY STAFF . HOWEVER, THAT DESCRIPTION OF HIS STATUS HAD BEEN EXPRESSLY AGREED UPON IN THE INITIAL CONTRACT OF EMPLOYMENT . | 0 |
3,631 | 41
In order for it to be concluded that there is a sufficiently serious breach of the Ombudsman’s duty to act diligently, it is therefore necessary to establish that, by failing to act with all the requisite care and caution, the Ombudsman gravely and manifestly disregarded the limits on her discretion in the exercise of her powers of investigation. Whilst having regard to that context, account must, to that end, be taken of all aspects characterising the situation concerned, including, in particular, the obviousness of the lack of care shown by the Ombudsman in the conduct of the investigation (see, to that effect, inter alia, judgments of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 22, and of 10 July 2003, Commission v Fresh Marine, C‑472/00 P, EU:C:2003:399, paragraph 31), whether it was excusable or inexcusable (see, to that effect, inter alia, judgments of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 22, and of 4 July 2000, Haim, C‑424/97, EU:C:2000:357, paragraphs 42 and 43), or whether the conclusions drawn from the Ombudsman’s examination were inappropriate and unreasonable (see, to that effect, judgment of 22 October 1991, Nölle, C‑16/90, EU:C:1991:402, paragraph 13). | 22 It must be observed that the tax at issue is calculated on the basis of data supplied by the national civil aviation authority on fuel consumption and emissions of hydrocarbons and nitric oxide by the relevant type of aircraft on an average flight. | 0 |
3,632 | 17. The Court has also stated on numerous occasions that a benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and provided that it relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, inter alia, Hoeckx , paragraphs 12 to 14; Commission v Luxembourg , paragraph 29; Acciardi , paragraph 14; and Meints , paragraph 24). | 17 The same consideration applies where a national of a Member State has obtained in another Member State a university qualification which supplements his basic education and training and of which he intends to make use after he returns to his country of origin. | 0 |
3,633 | 23. The Court has, however, accepted that, given the practical difficulties in identifying private users and obliging them to compensate the holders of the exclusive right of reproduction for the harm caused to them, it is open to the Member States to establish a private copying levy for the purposes of financing fair compensation, chargeable not to the private persons concerned but to those who have the digital reproduction equipment, devices and media and who, on that basis, in law or in fact, make that equipment available to private users or who provide copying services for them. Under such a system, it is the persons having that equipment who must discharge the private copying levy (judgments in Padawan , EU:C:2010:620, paragraph 46, and Amazon.com International Sales and Others , EU:C:2013:515, paragraph 24). | 59. In that regard, first, such a penalty may, as a rule, be imposed only on those operators who have applied for export refunds when it is apparent that the information provided by them in support of their application is incorrect. Second, as there is a real risk that the exporter, who is often the last link in a contractual chain of purchases for resale, may avoid responsibility for the inaccuracy of his declaration because of the possibility of error, negligence or fraud further back up the chain, Article 11 of Regulation No 3665/87 makes him responsible for the accuracy of his declaration, subject to a penalty in the event of non-compliance (see, to that effect, Case C‑210/00 Käserei Champignon Hofmeister [2002] ECR I‑6453, paragraphs 42, 61 and 62). The exporter is fully at liberty to select his trading partners and it is up to him to take the appropriate precautions, either by including the necessary clauses in the contracts which he concludes with them or by effecting appropriate insurance ( AOB Reuter , paragraph 36). | 0 |
3,634 | 33. It follows from this case-law that the registration of a taxable person in the register of taxable persons subject to VAT is a formal requirement, such that a taxable person cannot be prevented from exercising his right of deduction on the ground that he had not been identified as a taxable person for VAT purposes before using the goods purchased in the context of his taxed activity (see, to that effect, Nidera Handelscompagnie , paragraph 51, and Dankowski , paragraphs 33, 34 and 36). Therefore, the refusal to assign a VAT identification number cannot, in principle, have any effect on the taxable person’s right to deduct input VAT if the material conditions giving rise to that right have been fulfilled. | 12 The Court has consistently held ( see in particular the judgment of 30 January 1985 in Case 290/83 Commission v French Republic (( 1985 )) ECR 439 ) that an aid need not necessarily be financed from State resources to be classified as a State aid . Article 92 covers all aid granted by States or through State resources and there is no necessity to draw any distinction according to whether the aid is granted directly by the State or by public or private bodies established or appointed by it to administer the aid . | 0 |
3,635 | null | 85. It is not sufficient to establish that a project is to be carried out in a national park in order to assume that the project will have significant effects on the environment. At the very least, the Commission must furnish a minimum of proof of the effects that the project is likely to have on the environment. | 0 |
3,636 | 40. As is clear from the Directive ' s general scheme, transnational informing and consulting of employees are essentially to be ensured by means of a system of negotiations between central management and the employees ' representatives ( Bofrost* , paragraph 29). | 34. Further, the question whether there is an infringement of the rights of the defence must be examined in relation to the specific circumstances of each particular case (see, to that effect, Case C‑110/10 P Solvay v Commission [2011] ECR I‑10439, paragraph 63), including the nature of the act at issue, the context of its adoption and the legal rules governing the matter in question ( Commission v Kadi , paragraph 102 and the case-law cited). | 0 |
3,637 | 79. In its judgment in Case 187/87 Saarland and Others [1988] ECR 5013, paragraph 11, in a case where the main proceedings concerned the Cattenom nuclear power station (France), the Court held that the provisions of the chapter of the Euratom Treaty entitled "Health and safety" form a coherent whole conferring on the Commission powers of some considerable scope in order to protect the population and the environment against the risks of nuclear contamination. In the light of the purpose of Article 37 of the Euratom Treaty, which is to forestall any possibility of radioactive contamination, the Court drew attention to the importance of the role played in the matter by the Commission, which has a unique overview of developments in the nuclear power industry throughout the territory of the Community (Saarland and Others , cited above, paragraphs 12 and 13). On the basis of that consideration, it rejected the argument that general data relating to any plan for the disposal of radioactive waste could be provided to the Commission only after such disposal had been authorised by the competent authorities of the Member State concerned (Saarland and Others , cited above, paragraph 20). | 62. It should be observed, however, first, that the proof required to demonstrate the genuine link must not be too exclusive in nature or unduly favour an element which is not necessarily representative of the real and effective degree of connection between the claimant to reduced transport fares and the Member State where the claimant pursues his studies, to the exclusion of all other representative elements (see, to that effect, D’Hoop , paragraph 39, and Stewart , paragraph 95). | 0 |
3,638 | 24
In that respect, it is settled case-law that second-hand vehicles imported from other Member States, which constitute ‘products of other Member States’ within the meaning of Article 110 TFEU, are vehicles placed on the market in Member States other than the Member State concerned and can, in the case of purchase by a resident of that latter Member State, be imported and placed in circulation in that Member State, while similar domestic vehicles, which constitute ‘domestic products’, within the meaning of Article 110 TFEU, are second-hand motor vehicles of the same type, characteristics and wear which are placed on the market in that Member State (judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 31 and the case-law cited). | 118. Such general presumptions are applicable to merger control proceedings because the legislation governing those procedures also lays down strict rules as regards the treatment of information obtained or established in those proceedings. | 0 |
3,639 | 35. Thus, the conduct of a subsidiary can be imputed to the parent company where the latter does in fact exercise a decisive influence over the conduct of its subsidiary (see, to that effect, judgment in Akzo Nobel and Others v Commission , C‑97/08 P, EU:C:2009:536, paragraphs 58 and 59 and the case-law cited). | 19 According to the Hauptzollamt, it should be possible to derogate from that system in the event of irregularities on the part of a purchaser in calculating the reference quantities initially allocated. | 0 |
3,640 | 28. In this respect, it must be recalled that, according to the settled case-law of the Court, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59; Case C‑380/05 Centro Europa 7 [2008] ECR I‑349, paragraph 52; and Case C‑213/07 Michaniki [2008] ECR I‑0000, paragraph 32). | 15 That conclusion is not altered by the fact that the productivity of persons employed in the scheme is low and that, consequently, their remuneration is largely provided by subsidies from public funds . Neither the level of productivity nor the origin of the funds from which the remuneration is paid can have any consequence in regard to whether or not the person is to be regarded as a worker . | 0 |
3,641 | 81
In the first place, as regards the parts of the third ground of appeal relating to the measures of inquiry, it is settled case-law that it is for the EU judicature to decide, in the light of the circumstances of the case and in accordance with the provisions of the Rules of Procedure on measures of inquiry, whether it is necessary for a document to be produced. With regard to the General Court, it follows from Article 49 read in conjunction with Article 65(b) of its Rules of Procedure, in the version applicable when the judgment under appeal was delivered, that a request for production of any document relating to the case is a measure of inquiry which the General Court may order at any stage of the proceedings (see, to that effect, judgments of 2 October 2003, Salzgitter v Commission , C‑182/99 P, EU:C:2003:526, paragraph 41 and the case-law cited; of 2 October 2003, Aristrain v Commission , C‑196/99 P, EU:C:2003:529, paragraph 67 and the case-law cited; of 2 October 2003, Ensidesa v Commission , C‑198/99 P, EU:C:2003:530, paragraph 28 and the case-law cited; and of 2 October 2003, Corus UK v Commission, C‑199/99 P, EU:C:2003:531, paragraph 67 and the case-law cited). | 47 Further serious incidents of the same type also occurred in 1996 and 1997. | 0 |
3,642 | 45. As regards, first, the principle of proportionality, it must be noted that the Court has already had occasion to find, in Case C-344/04 IATA and ELFAA [2010] ECR I-403, paragraphs 78 to 92, that Articles 5 to 7 of Regulation No 261/2004 are not invalid by reason of infringement of the principle of proportionality. | 33. What must be ascertained is therefore not whether the measure adopted by the legislature was the only measure possible or the best measure possible but whether it was manifestly inappropriate ( Spain v Council , paragraph 99 and the case-law cited). | 0 |
3,643 | 26. It should also be noted that, according to the Court’s case‑law, the question whether it is a service concession or a public service contract and, in the latter case, whether the value of the contract reaches the threshold provided for under the EU rules has no effect on the Court’s answer to the question referred for a preliminary ruling, given that the exception to the application of the rules of EU law where the ‘similar control’ conditions are fulfilled is applicable in all those situations (see, to that effect, Case C‑573/07 Sea [2009] ECR I-8127, paragraphs 31 to 40). | 51. On the other hand, economic operators must, with clarity and precision, be able to find out about registrations or applications for registration made by their current or potential competitors and thus to receive relevant information about the rights of third parties. | 0 |
3,644 | 32. As regards the national rules of procedure to which the referring court alluded without, however, clarifying their exact scope, it suffices, in any event, to note that such rules cannot affect the powers and obligations conferred on a national court such as the referring court under Article 267 TFEU (see, to that effect, Cartesio , paragraphs 93, 94 and 98). | 13. Ainsi, à la date d’expiration du délai fixé dans l’avis motivé, date à laquelle doit être appréciée l’existence d’un manquement (voir, en ce sens, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9), le rapport de synthèse requis en vertu de l’article 15, paragraphe 2, de la directive n’avait pas été présenté et les analyses ainsi que l’étude visées à l’article 5, paragraphe 1 de cette directive n’avaient pas été effectuées en ce qui concerne le district hydrographique pilote du Serchio et une portion des districts hydrographiques des Alpes orientales, et du Nord, du Centre et du Sud des Apennins. | 0 |
3,645 | 23. In that context, the dominant position referred to in Article 102 TFEU relates to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, its customers and ultimately of consumers (Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 38, and Case C‑280/08 P Deutsche Telekom v Commission [2010] ECR I‑0000, paragraph 170). | 78. In that situation, treating equally the use of a company car by the employees in question and other residents of the Kingdom of Denmark as regards the imposition of such a tax is legitimate and is sufficient to justify the restriction on freedom of movement for workers. | 0 |
3,646 | 48. The Court has also held that Article 49 EC applies where the person providing the service and the recipient are established in different Member States (see Case C‑55/98 Vestergaard [1999] ECR I‑7641, paragraph 19). Services which the provider carries out without moving from the Member State in which he is established for recipients established in other Member States constitute the provision of cross-border services for the purposes of Article 49 EC (see, inter alia, Case C-384/93 Alpine Investments [1995] ECR I-1141, paragraphs 21 and 22 and Case C‑243/01 Gambelli and Others [2003] ECR I‑13031, paragraph 53). | 61. It can be seen from recitals 4 to 8 and 10 in the preamble to Directive 2003/54 and recitals 4 and 6 to 10 in the preamble to Directive 2003/55 that those directives sought, inter alia, to establish an open and transparent market, non‑discriminatory and transparent access to the network of the distribution system operator, and a level playing field. | 0 |
3,647 | 26. As a preliminary point, it should be borne in mind that, although, under Article 21 of Directive 2004/18, public contracts concerning services listed in Annex IIB to that directive are to be subject solely to Articles 23 and 35(4) thereof, the fundamental rules of the Treaty and the general principles of EU law apply to such contracts where they are of certain cross-border interest. The Court has found that the system established by the EU legislature for public contracts relating to services falling within the ambit of that annex cannot be interpreted as precluding application of the principles deriving from Articles 43 EC and 49 EC (now, respectively, Articles 49 TFEU and 56 TFEU) (see to that effect, inter alia, Case C‑226/09 Commission v Ireland [2010] ECR I‑11807, paragraphs 29 and 31). | 21 In that judgment, the Court stated (at paragraphs 15 and 17) that the place of the event giving rise to the damage no less than the place where the damage occurred could constitute a significant connecting factor from the point of view of jurisdiction, since each of them could, depending on the circumstances, be particularly helpful in relation to the evidence and the conduct of the proceedings. | 0 |
3,648 | 55. However, without there being any need, by approximate analogy with that reasoning, to regard the importation of slot machines as ancillary to the operation thereof, it suffices to state, as the Court did in paragraphs 20 to 29 of Läärä and Others , cited above, that, even though the operation of slot machines is linked to operations to import them, the former activity comes under the provisions of the Treaty relating to the freedom to provide services and the latter under those relating to the free movement of goods. | 25
It is settled case-law that the VAT exemption in respect of the intra-Community supply of goods becomes applicable only when the right to dispose of the goods as owner has been transferred to the purchaser, the vendor establishes that those goods have been dispatched or transported to another Member State and, as a result of that dispatch or that transport, they have physically left the territory of the Member State of supply (judgment of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 31 and the case-law cited). | 0 |
3,649 | 60. That applies to the rule on aggregation of insurance periods in the various branches of social security referred to in Article 4(1) of Decision No 3/80. On the other hand, Article 3(1) of that decision lays down, within the scope thereof, a precise and unconditional principle such as is capable of being applied by a national court (see Sürül , paragraphs 62 to 74). | 47 After the reunification of Germany that provision was not repealed either by the Treaty on European Union or by the Treaty of Amsterdam. | 0 |
3,650 | 48 Given the reasons explained in paragraph 44 of the Barber judgment for limiting its effects in time, it must be made clear that equality of treatment in the matter of occupational pensions may be claimed only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, the date of the Barber judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law (paragraph 19). | 22. The Commission submits that, although the present proceedings are informed by the content of Commission v Luxembourg , they cover new national legislation and different complaints. With respect to the principle of non bis in idem , the Commission claims that this is not applicable to the present case, because it does not constitute a charge of an administrative or penal nature. According to the Commission, even if that principle could apply to the action for failure to fulfil obligations, the conditions for its application are not fulfilled in this case, as it is subject to the threefold requirement of identical facts, unity of offender and unity of the legal interest protected. | 0 |
3,651 | 48. It is clear from the case-law of the Court that the latter is required to observe that principle since it constitutes a customary rule of international law which, as such, is binding upon the European Union institutions and forms part of its legal order (see, to that effect, Brita , paragraphs 42 to 44). | 48 Such an undertaking must ensure that throughout the territory in respect of which the concession is granted, all consumers, whether local distributors or end-users, receive uninterrupted supplies of electricity in sufficient quantities to meet demand at any given time, at uniform tariff rates and on terms which may not vary save in accordance with objective criteria applicable to all customers. | 0 |
3,652 | 43. With regard to the period within which it was necessary to comply with that judgment, it should be recalled that, according to settled case-law, the reference date for assessing whether there has been a failure to fulfil obligations under Article 228 EC is the date of expiry of the period prescribed in the reasoned opinion issued under that provision (see Case C‑304/02 Commission v France [2005] ECR I‑6263, paragraph 30; Case C‑119/04 Commission v Italy [2006] ECR I‑6885, paragraph 27; and Case C‑503/04 Commission v Germany [2007] ECR I-6153, paragraph 19). | 75. That conclusion is not called in question by the addition, in paragraphs 95 to 125 of Hassan and in paragraphs 117 to 155 of Ayadi , of a number of points in response to the arguments more specifically propounded by the appellants, given that the Court of First Instance concluded that those points demonstrate the correctness of the legal grounds of Yusuf and Kadi at first instance and, in consequence, of the judgments under appeal. | 0 |
3,653 | 23. The Court has held that, under Directive 77/187, the mere fact that the person to whom the activity is transferred is a public-law body, namely a municipality, cannot be a ground for excluding the existence of a transfer within the scope of that directive (Case C‑175/99 Mayeur [2000] ECR I‑7755, paragraph 33). The same conclusion is called for under Directive 2001/23. | 38. Under the common system of VAT, Member States are required to ensure compliance with the obligations to which taxable persons are subject and they enjoy in that respect a certain measure of latitude, inter alia, as to how they use the means at their disposal. | 0 |
3,654 | 38. By making the benefit of the advantage it confers on electricity importers subject to the prior conclusion of such an international agreement, a provision such as the first contested provision of national law sets in motion a process that could lead to such a conclusion actually being realised, which, as the Advocate General noted at points 83 to 85 of his Opinion, would be sufficient to affect the exclusive external competence of the Community, assuming it to have been established (see, to that effect, judgment in Commission v Greece , C‑45/07, EU:C:2009:81, paragraphs 21 to 23). | 120. With regard to Article 3(2) and (3) of the contested decision, it need only be pointed out that those provisions contain further details regarding the implementation of the other provisions of the contested decision. Thus, in so far as Article 1(1) and (2), Article 2(1) and (2) and Article 3(1) of the contested decision are annulled, Article 3(2) and (3) become devoid of purpose. | 0 |
3,655 | 68. Such a difference in treatment can be justified only if it is based on objective considerations independent of the nationality of the persons concerned and is proportionate to the legitimate aim of the national provisions (Case C‑209/03 Bidar [2005] ECR I‑2119, paragraph 54, and Neukirchinger , paragraph 35). | 5 THE REASON WHY THE REFUND VARIES ACCORDING TO THE DESTINATION OF THE PRODUCTS IS , ACCORDING TO THE FOURTH RECITAL TO REGULATION NO 876/68 , THAT ' MARKETS IN THE COUNTRIES OF DESTINATION ARE AT VARYING DISTANCES FROM COMMUNITY MARKETS AND SPECIAL CONDITIONS APPLY TO IMPORTS IN CERTAIN COUNTRIES OF DESTINATION ' .
IT FOLLOWS FROM ARTICLE 4 AND THE RECITALS IN THE PREAMBLE TO THE AFOREMENTIONED REGULATION THAT THE AMOUNT OF THE REFUND DEPENDS ON THE CONDITIONS OF THE MARKET WHICH THE PRODUCT IN QUESTION MUST ENTER AND AS A RESULT ON THE ACTUAL IMPORT OF THE PRODUCT INTO THE GIVEN COUNTRY OF DESTINATION .
THE VARIATION IN THE REFUND TAKES PLACE BY REASON OF THE DESIRE TO TAKE ACCOUNT OF THE PECULIAR CHARACTERISTICS OF EACH IMPORT MARKET ON WHICH THE COMMUNITY WISHES TO PLAY A PART .
| 0 |
3,656 | 80
An indication of the legal basis is essential in the light of the principle of conferral of powers enshrined in Article 5(2) TEU, according to which the European Union must act within the limits of the competences conferred on it by the Member States in the Treaties to attain the objectives set out in the Treaties with respect to both the internal action and the international action of the European Union. The choice of the appropriate legal basis has constitutional significance, since, having only conferred powers, the European Union must link the acts which it adopts to provisions of the FEU Treaty which actually empower it to adopt such acts (judgment of 25 October 2017, Commission v Council (WRC‑15), C‑687/15, EU:C:2017:803, paragraphs 48 and 49]. | 30. En l’absence d’harmonisation des moyens procéduraux de recours à la disposition des associations de protection des consommateurs pour faire cesser l’utilisation des clauses abusives tant dans l’intérêt des consommateurs que dans celui des concurrents professionnels, il appartient à l’ordre juridique interne de chaque É tat membre d’établir de telles règles, en vertu du principe d’autonomie procédurale, à condition toutefois qu’elles ne soient pas moins favorables que celles régissant des situations similaires soumises au droit interne (principe d’équivalence) et qu’elles ne rendent pas impossible en pratique ou excessivement difficile l’exercice des droits conférés aux associations de protection des consommateurs par le droit de l’Union (principe d’effectivité) (voir, par analogie, arrêts du 14 mars 2013, Aziz, C‑415/11, point 50, ainsi que du 18 avril 2013, Irimie, C‑565/11, point 23 et jurisprudence citée). | 0 |
3,657 | 35. However, although it cannot be denied that such grounds are among those which, under Article 30 EC, may be relied on by a Member State in order to justify such an obligation, and that, in the absence of harmonising rules, the Member States are free to decide on their intended level of protection of health and life of humans (Case C‑293/94 Brandsma [1996] ECR I-3159, paragraph 11, and Commission v Portugal , paragraph 44), the fact remains that an exception to the principle of the free movement of goods may be justified under that article only if the national authorities show that it is necessary in order to attain one or more objectives mentioned in that article and that it is in conformity with the principle of proportionality (Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40; Case C‑358/95 Morellato [1997] ECR I-1431, paragraph 14; ATRAL , paragraph 67; and Commission v Italy , paragraph 22). | 29 IN THAT REGARD THE COMMISSION OBJECTS THAT IT WOULD BE IMPOSSIBLE FOR IT , DURING THE BRIEF PERIOD WITHIN WHICH IT MUST ACT , TO MAKE ITSELF AWARE OF THE EXACT NUMBER OF CONTRACTS MEETING THAT DESCRIPTION .
| 0 |
3,658 | 43. According to the case-law of the Court, the status of ‘dependent’ member of the family of a holder of a right of residence is the result of a factual situation characterised by the fact that material support for the family member is provided by the holder of the right of residence (see, to that effect, in relation to Article 10 of Regulation No 1612/68, Case 316/85 Lebon [1987] ECR 2811, paragraphs 20 to 22). | 20 IT MUST BE POINTED OUT, IN THE FIRST PLACE, THAT A CLAIM FOR THE GRANT OF THE MINIMEX SUBMITTED BY A MEMBER OF A MIGRANT WORKER' S FAMILY WHO IS DEPENDENT ON THE WORKER CANNOT AFFECT THE CLAIMANT' S STATUS AS A DEPENDENT MEMBER OF THE WORKER' S FAMILY . TO DECIDE OTHERWISE WOULD AMOUNT TO ACCEPTING THAT THE GRANT OF THE MINIMEX COULD RESULT IN THE CLAIMANT FORFEITING THE STATUS OF DEPENDENT MEMBER OF THE FAMILY AND CONSEQUENTLY JUSTIFY EITHER THE WITHDRAWAL OF THE MINIMEX ITSELF OR EVEN THE LOSS OF THE RIGHT OF RESIDENCE . SUCH A SOLUTION WOULD IN PRACTICE PRECLUDE A DEPENDENT MEMBER OF A WORKER' S FAMILY FROM CLAIMING THE MINIMEX AND WOULD, FOR THAT REASON, UNDERMINE THE EQUAL TREATMENT ACCORDED TO THE MIGRANT WORKER . THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY SHOULD THEREFORE BE CONSIDERED INDEPENDENTLY OF THE GRANT OF THE MINIMEX . | 1 |
3,659 | 46. Contrary to the arguments put forward by the Commission, by the ground of appeal relating to infringement of the right of access to the file, Solvay is not criticising the findings of fact made at first instance, but the rules applied by the General Court as regards the standard of proof relating to the usefulness of the documents, some of which have been mislaid. The question whether the General Court applied the correct legal standard when determining the usefulness of those documents for Solvay’s defence is a question of law, which is amenable to review by the Court of Justice on appeal (see, to that effect, Joined Cases C‑403/04 P and C‑405/04 P Sumitomo Metal Industries and Nippon Steel v Commission [2007] ECR I‑729, paragraph 40, and Case C‑413/06 P Bertelsmann and Sony Corporation of America v Impala [2008] ECR I‑4951, paragraph 117). | 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 |
3,660 | 30. In that regard, it must be observed that, although the question asked by the referring court refers not to a contract for the sale or purchase of goods but to an agency contract for the operation of a shipping service, the fact remains that, when transposing the provisions of that directive into national law, the Belgian legislature decided to apply the same treatment to both types of situation (see, by analogy, Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraph 17, and Case C‑203/09 Volvo Car Germany [2010] ECR I‑10721, paragraph 26). Moreover, as mentioned in paragraph 24 of the present judgment, the Bulgarian legislature has also decided to apply the rules of the directive to commercial agents with authority to negotiate and conclude transactions, such as the agent at issue in the case in the main proceedings. | 9 A comparison of the various language versions of point 2 of the first paragraph of Article 7 of Regulation No 1546/88 shows that Member States are indeed free to lay down different criteria, provided that they are objective concerning the distribution of reference quantities corresponding to holdings only a part of which is the subject of a transfer, but that, where they have made no use of that option or have not implemented Article 7(4) of Regulation No 857/84, that distribution must be effected strictly in proportion to the size of the areas of the respective holding in question which are used for milk production, including those with buildings, without it being possible to take account of the extent to which the various areas have contributed to the total milk production of the holding. | 0 |
3,661 | 18 It should be borne in mind that the subject-matter of an action for failure to fulfil obligations is determined by the Commission's reasoned opinion (see Case 154/85 Commission v Italy [1987] ECR 2717, paragraph 6). | 49 It follows that the amendments made in 1995 to the 1980 Agreement have had the effect of creating the framework of a more intensive cooperation between the United States of America and the Kingdom of Belgium, which entails new and significant international commitments for the latter. | 0 |
3,662 | 25. The situations falling within the scope of European Union law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 21 TFEU ( Tas-Hagen and Tas , paragraph 22; Case C‑76/05 Schwarz and Gootjes-Schwarz [2007] ECR I‑6849, paragraph 87 and the case-law cited; and Morgan and Bucher , paragraph 23). | 50. La récupération doit s’effectuer sans délai et, au plus tard, dans celui prévu, le cas échéant, par la décision, adoptée au titre de l’article 88, paragraphe 2, CE, enjoignant la récupération d’une aide d’État ou, le cas échéant, dans celui fixé par la Commission par la suite. Une récupération tardive, postérieure aux délais impartis, ne saurait satisfaire aux exigences du traité (voir, en ce sens, arrêt Commission/Italie, EU:C:2011:650, point 37 et jurisprudence citée). | 0 |
3,663 | 33
One such case is where a non-resident taxpayer receives no significant income in the Member State where he resides and obtains the major part of his taxable income from an activity performed in another Member State, and consequently the Member State of residence is not in a position to grant him the benefits that result from taking into account his personal and family circumstances (see, inter alia, judgments of 14 February 1995, Schumacker, C‑279/93, EU:C:1995:31, paragraph 36; of 16 October 2008, Renneberg, C‑527/06, EU:C:2008:566, paragraph 61, and of 18 June 2015, Kieback, C‑9/14, EU:C:2015:406, paragraph 25). | 61. Such is the case particularly where a non-resident taxpayer receives no significant income in his Member State of residence and derives the major part of his taxable income from an activity pursued in the Member State of employment, so that the Member State of residence is not in a position to grant him the advantages which follow from the taking into account of his personal and family circumstances (see, inter alia, Schumacker , paragraph 36, and Lakebrink and Peters-Lakebrink , paragraph 30). | 1 |
3,664 | 44. That service owes a general obligation of diligence when verifying the legality of payments made by it that are borne by the European Union budget, given that the Member States must observe the obligation of general diligence under Article 4(3) EU, an obligation which entails that they must take steps to rectify irregularities promptly (see, by analogy, Case C-277/98 France v Commission [2001] ECR I‑8453, paragraph 40). | 88. It may be accepted that, by providing for the right to make use of a shortened period of notice for the dismissal of workers who have been absent because of illness for over 120 days, that rule has the effect, for employers, of encouraging recruitment and maintenance in employment. | 0 |
3,665 | 91
Further, the third sentence of Article 15(1) of Directive 2002/58 provides that ‘[a]ll the measures referred to [in Article 15(1)] shall be in accordance with the general principles of [European Union] law, including those referred to in Article 6(1) and (2) [EU]’, which include the general principles and fundamental rights now guaranteed by the Charter. Article 15(1) of Directive 2002/58 must, therefore, be interpreted in the light of the fundamental rights guaranteed by the Charter (see, by analogy, in relation to Directive 95/46, judgments of 20 May 2003, Österreichischer Rundfunk and Others, C‑465/00, C‑138/01 and C‑139/01, EU:C:2003:294, paragraph 68; of 13 May 2014, Google Spain and Google, C‑131/12, EU:C:2014:317, paragraph 68, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 38). | 48 Moreover, Article 39(1) of the Treaty expressly refers in subparagraph (a) to increasing productivity and in subparagraph (b) to ensuring a fair standard of living for the agricultural community, and Article 40(3) provides for various means to ensure that those objectives are attained, including aids for production or marketing and common machinery for stabilizing imports of the type introduced by the Regulation. | 0 |
3,666 | 30. It follows that, as regards the marketing in one Member State of products or components lawfully manufactured and marketed in another Member State, and in the absence of Community harmonisation, the requirement of conformity to standard NBN S 21-100 imposed by the Belgian regulations may have the effect of forcing economic operators of other Member States to adapt their apparatus and equipment to the requirements of standards or technical regulations of the Member State of importation and to bear the additional costs associated with such adaptation ( Commission v Belgium , paragraph 17; Case C-14/02 ATRAL [2003] ECR I-4431, paragraph 63; and Commission v Italy , paragraph 19), or of deterring them from marketing the products concerned in Belgium (Case 45/87 Commission v Ireland [1988] ECR I- 4929, paragraph 19, and Commission v Belgium , paragraph 18). | 37. According to settled case-law of the Court, the right of action available to the Member States, Parliament, the Council and the Commission, provided for in the second paragraph of Article 263 TFEU, is not conditional on proof of an interest in bringing proceedings (see, to that effect, Italy v Council , paragraph 6; Commission v Council , paragraph 3; Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 28; Case C-370/07 Commission v Council [2009] ECR I-8917, paragraph 16; and Joined Cases C-463/10 P and C-475/10 P Deutsche Post and Germany v Commission [2011] ECR I-9639, paragraph 36). | 0 |
3,667 | 64
Although that examination is, admittedly, in principle a matter for the referring court alone, the fact remains that the Court of Justice has jurisdiction to deduce from the provisions of EU law the criteria that the referring court may or must apply within the framework of EU law. Nor is there anything preventing a national court from asking the Court of Justice to rule on the application of those provisions in the case in point, provided, however, that the national court carries out the finding and assessment of the facts necessary for that purpose in the light of all the material in the file before it (see, to that effect, judgment of 3 December 2015, Banif Plus Bank, C‑312/14, EU:C:2015:794, paragraphs 51 and 52). | 33. In such circumstances, the question referred must be declared inadmissible to the extent that it seeks an interpretation of the EU competition rules (see, by analogy, inter alia, Duomo Gpa and Others , paragraph 24, and Joined Cases C‑162/12 and C‑163/12 Airport Shuttle Express and Others [2014] ECR, paragraphs 37 to 42). | 0 |
3,668 | 60. Nevertheless, according to the Court’s established case-law, where national legislation falling within an area which has not been completely harmonised at European Union level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets an overriding requirement relating to the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the aim which it pursues and does not go beyond what is necessary in order to attain it (see Arblade and Others , paragraphs 34 and 35, and Case C-168/04 Commission v Austria [2006] ECR I‑9041, paragraph 37). | 70. As to the Danish Government's argument that the actual competence of practitioners, working in surgeries or in a hospital environment, would be undermined because of numerous journeys abroad for medical purposes, the Court finds that no specific evidence has been adduced in support of this argument. | 0 |
3,669 | 28. Article 6(3) of the Habitats Directive establishes an assessment procedure intended to ensure, by means of a prior examination, that a plan or project not directly connected with or necessary to the management of the site concerned but likely to have a significant effect on it is authorised only to the extent that it will not adversely affect the integrity of that site ( Waddenvereniging and Vogelbeschermingsvereniging , paragraph 34, and Case C‑182/10 Solvay and Others [2012] ECR I‑0000, paragraph 66). | 38. Par exception, une telle mesure peut être admise au titre de l’un des motifs énoncés à l’article 52 TFUE ou justifiée, conformément à la jurisprudence de la Cour, par des raisons impérieuses d’intérêt général (voir, par analogie, arrêts Engelmann, précité, points 51 et 57 ainsi que jurisprudence citée, et du 10 mai 2012, Duomo Gpa e.a., C‑357/10 à C‑359/10, point 39 ainsi que jurisprudence citée). À ce dernier égard, il ressort de la lecture combinée des points 51 et 57 de l’arrêt Engelmann, précité, qu’il n’y a pas lieu de distinguer les circonstances objectives et les raisons impérieuses d’intérêt général. En effet, de telles circonstances doivent constituer, en dernière analyse, une raison impérieuse d’intérêt général. | 0 |
3,670 | 39. As regards specifically public service contracts, the Court has emphasised that same primary objective, namely the free movement of services and the opening-up to competition in the Member States which is undistorted and as wide as possible (see, to that effect, Case C-26/03 Stadt Halle and RPL Lochau [2005] ECR I‑1, paragraphs 44 and 47). | 34. À cet égard, la Cour a précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette livraison (arrêt Commission/Pologne, précité, point 30 et jurisprudence citée). | 0 |
3,671 | 43. It is appropriate to point out, secondly, that according to the Court’s settled case‑law, the first paragraph of Article 24 of Directive 93/37 lists, exhaustively, the grounds capable of justifying the exclusion of a contractor from participation in a contract which relate solely to its professional qualities. Moreover, the Court also added that Member States have the right to provide, in addition to the grounds for exclusion expressly referred to in that provision, for grounds for exclusion designed to ensure observance of the principles of equal treatment and transparency (see, to that effect, Case C‑213/07 Michaniki [2008] ECR I‑9999, paragraphs 43, 44 and 47, and Case C‑538/07 Assitur [2009] ECR I‑4219, paragraphs 20 and 21). | 35. Il y a lieu de rappeler que, dans le cadre de la coopération instaurée par l’article 267 TFUE, la nécessité de parvenir à une interprétation du droit de l’Union qui soit utile pour le juge national exige que celui-ci définisse le cadre factuel et réglementaire dans lequel s’insèrent les questions qu’il pose ou que, à tout le moins, il explique les hypothèses factuelles sur lesquelles ces questions sont fondées (voir en ce sens, notamment, arrêts du 26 janvier 1993, Telemarsicabruzzo e.a., C‑320/90 à C‑322/90, Rec. p. I‑393, point 6, ainsi que du 31 janvier 2008, Centro Europa 7, C‑380/05, Rec. p. I‑349, point 57). | 0 |
3,672 | 42. It must be noted from the outset that the designation of certain television channels as being subject to the ‘must-carry’ obligation, under Article 13 of the Law of 30 March 1995, constitutes a restriction of the freedom to provide services within the meaning of Article 56 TFEU, as the Court has already held, in relation to that designation made by Ministerial Order for certain private broadcasters under the initial version of that national provision, in United Pan-Europe Communications Belgium and Others, paragraphs 28 to 38. | 19 On the other hand, it cannot be concluded that the Commission is barred from initiating an inquiry in order to verify or supplement information which it happened to obtain during a previous investigation if that information indicates the existence of conduct contrary to the competition rules in the Treaty . Such a bar would go beyond what is necessary to protect professional secrecy and the rights of the defence and would thus constitute an unjustified hindrance to the performance by the Commission of its task of ensuring compliance with the competition rules in the common market and to bring to light infringements of Articles 85 and 86 of the Treaty . | 0 |
3,673 | 18 As the Court has consistently held (see, in particular, Case 29/76 LTU v Eurocontrol [1976] ECR 1541, paragraphs 3 and 4; Case 133/78 Gourdain v Nadler [1979] ECR 733, paragraph 3; and Case 814/79 Netherlands v Rueffer [1980] 3807, paragraphs 7 and 8), the concept of "civil matters" in Article 1 of the Convention must be regarded as an independent concept to be interpreted by reference, first, to the objectives and scheme of the Convention and, secondly, to the general principles which stem from the corpus of the national legal systems. | 11 The Commission has instituted three separate sets of proceeding against the Italian legislation. | 0 |
3,674 | 24. In that connection, the Court has stated that the rule of special jurisdiction laid down in Article 5(3) of the Brussels Convention is based on the existence of a particularly close connecting factor between the dispute and the courts of the place where the harmful event occurred, which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings (see to that effect, inter alia, Mines de Potasse d'Alsace , paragraph 11; Case C-220/88 Dumez France and Tracoba [1990] ECR I‑49, paragraph 17; Case C-68/93 Shevill and Others [1995] ECR I‑415, paragraph 19; and Case C-364/93 Marinari [1995] ECR I-2719, paragraph 10). The courts for the place where the harmful event occurred are usually the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence (see Henkel , paragraph 46). | 43. Article 14(3) of Regulation No 659/1999 states that the recovery of aid which has been declared incompatible must be effected ‘without delay’. | 0 |
3,675 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 53 In view of all the foregoing considerations, the answer to be given to the first part of the question referred to the Court must be that Article 22(1)(c) and (i) of Regulation No 1408/71 is to be interpreted as meaning that, when an insured person has been authorised by the competent institution to go to another Member State for treatment, the institution of the place where the treatment is provided is required to provide him with benefits in kind in accordance with the rules on assumption of the costs of health care which the latter administers, as if the person concerned were registered with it.
Where the request of an insured person for authorisation on the basis of Article 22(1)(c) of that regulation has been refused by the competent institution and it is subsequently established that such refusal was unfounded, the person concerned is entitled to be reimbursed directly by the competent institution by an amount equivalent to that which would have been borne by the institution of the place of treatment under the rules laid down by the legislation applied by the latter institution if authorisation had been properly granted in the first place.
As Article 22 of that regulation is not intended to regulate any reimbursement at the tariffs in force in the Member State of registration, it does not have the effect of preventing or prescribing payment by that State of additional reimbursement covering the difference between the system of cover laid down by the legislation of that State and the system applied by the Member State of treatment, where the former is more advantageous than the latter and such reimbursement is provided for by the legislation of the Member State of registration.
Article 59 of the EC Treaty is to be interpreted as meaning that, if the reimbursement of costs incurred on hospital services provided in a Member State of stay, calculated under the rules in force in that State, is less than the amount which application of the legislation in force in the Member State of registration would afford to a person receiving hospital treatment in that State, additional reimbursement covering that difference must be granted to the insured person by the competent institution.
Second part of the question referred to the Court | 0 |
3,676 | 195. In that regard, it should be noted first that, in doing so, the Court of First Instance carried out a legal classification of the facts in order to decide whether the ‘care’ requirement was fulfilled (see, by analogy, Biegi Nahrungsmittel and Commonfood v Commission , paragraphs 42 and 43). Consequently, contrary to the Commission’s assertion, CMF’s challenge concerning the invoicing errors is admissible. | 20 It follows that, if a commune entrusts the activity of collecting taxes to an independent third party, the exclusion from VAT provided for by the abovementioned provision is not applicable. | 0 |
3,677 | 27. As regards determining whether a supply of services such as that at issue in the main proceedings is effected for consideration, it is settled case-law that the concept of the ‘supply of services effected for consideration’ within the meaning of Article 2(1) of the Sixth Directive requires the existence of a direct link between the service provided and the consideration received (see Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraph 12; Case C-258/95 Fillibeck v Finanzamt Neustadt [1997] ECR I-5577, paragraph 12; Commission v Greece , paragraph 29; and Commission v Spain , paragraph 92). | 12 It is apparent from the case-law of the Court that the concept of the supply of services effected for consideration within the meaning of Article 2(1) of the Sixth Directive presupposes the existence of a direct link between the service provided and the consideration received (see, in particular, the judgment in Case 102/86 Apple and Pear Development Council [1988] ECR 1443, paragraph 12). | 1 |
3,678 | 44. Two supplies of services are therefore similar where they have similar characteristics and meet the same needs from the point of view of consumers, the test being whether their use is comparable, and where the differences between them do not have a significant influence on the decision of the average consumer to use one such service or the other (see, to that effect, Case C-481/98 Commission v France , paragraph 27, and, by analogy, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 27, and Case C‑302/00 Commission v France [2002] ECR I-2055, paragraph 23). | 72
It must therefore be found that, notwithstanding that measure of discretion, the restriction resulting from the application of the national legislation at issue in the main proceedings, imposing a general and absolute prohibition of any advertising relating to the provision of oral and dental care services, exceeds what is necessary to attain the objectives pursued by that legislation, as referred to in paragraph 66 above. | 0 |
3,679 | 36
Although EU law does, therefore, lay down an obligation on Member States to adopt preventive measures, it does not lay down any specific sanctions where instances of abuse have been established. In such a case, it is incumbent on the national authorities to adopt measures that are not only proportionate, but also sufficiently effective and a sufficient deterrent to ensure that the measures taken pursuant to the framework agreement are fully effective (see, to that effect, judgments of 4 July 2006, Adeneler and Others, C‑212/04, EU:C:2006:443, paragraph 94; of 7 September 2006, Marrosu and Sardino, C‑53/04, EU:C:2006:517, paragraph 51; of 7 September 2006, Vassallo, C‑180/04, EU:C:2006:518, paragraph 36; of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 62, and the order of 11 December 2014, León Medialdea, C‑86/14, not published, EU:C:2014:2447, paragraph 44). | 42. In addition, in so far as Article 34(6) of the Visa Code states that decisions on annulment or revocation of a visa must also be notified to the applicant by means of the standard form set out in Annex VI to that code, it is apparent that the competent authority must indicate to the applicant whose visa is annulled or revoked which condition for the issue of a visa is not or is no longer satisfied by referring to one of the reasons for refusal provided for in Article 32(1) and Article 35(6) of that code, reproduced in Annex VI thereto. | 0 |
3,680 | 27. Article 40 of and Annex XII to the EEA Agreement are applicable to the dispute in the main proceedings which relates to a transaction between nationals of States party to that Agreement. The Court may give an interpretation of them where a reference is made by a court of a Member State with regard to the scope within that State of an agreement which forms an integral part of the Community legal system (see Case C-321/97 Andersson and Wåkerås-Andersson [1999] ECR I-3551, paragraphs 26 to 31, and Case C-300/01 Salzmann [2003] ECR I-4899, paragraph 65). | 48. À cet égard, il y a lieu de considérer qu’est dépourvu d’objet le chef des conclusions d’un recours visant à faire condamner un État membre pour ne pas avoir informé la Commission des mesures prises pour se conformer à une décision ordonnant la récupération d’aides déclarées illégales et incompatibles avec le marché commun, dès lors que cet État membre n’a précisément pas procédé, dans le délai prescrit, à l’exécution de ses obligations de récupérer ces aides auprès des bénéficiaires (voir, en ce sens, arrêts du 20 septembre 2007, Commission/Espagne, C‑177/06, Rec. p. I‑7689, point 54 et jurisprudence citée, ainsi que du 13 novembre 2008, Commission/France, précité, point 67). | 0 |
3,681 | 57
It should be recalled that, according to settled case-law of the Court, under the principle of sincere cooperation laid down in Article 4(3) TEU it is for the courts of the Member States to ensure judicial protection of a person’s rights under EU law, in addition, Article 19(1) TEU requiring Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by EU law (see, inter alia, judgments of 8 November 2016, Lesoochranárske zoskupenie VLK, C‑243/15, EU:C:2016:838, paragraph 50, and of 26 July 2017, Sacko, C‑348/16, EU:C:2017:591, paragraph 29). | 22 FINALLY , THE STATEMENT CONTAINED IN THE CIRCULAR FROM BMW BELGIUM THAT ' ' OUR VIEW IS THEREFORE THAT IN THE PRESENT SITUATION THERE IS ONLY ONE SOLUTION : HENCEFORTH NO BMW DEALER IN BELGIUM WILL SELL CARS OUTSIDE BELGIUM OR TO FIRMS WHO PROPOSE TO EXPORT THEM ' ' AND THE STATEMENT OCCURRING IN THE CIRCULAR FROM THE ADVISORY COMMITTEE , IN WHICH THE ONLY ADVICE GIVEN WAS TO EFFECT ' ' NO MORE SALES OUTSIDE BELGIUM ' ' , EXPRESS UNEQUIVOCALLY THE INTENTION TO STOP ALL SUPPLIES TO FOREIGN DESTINATIONS , WHATEVER MAY BE THE CAPACITY OF THE PURCHASER , APPROVED DEALER OR NOT , CONSUMER OR CONSUMER ' S AGENT .
| 0 |
3,682 | 61. Although the Court ruled that the students in question could be required by the host Member State to demonstrate a certain degree of integration into the society of that State in order to receive a maintenance grant, the fact remains that the Court did so only after finding that the interested parties did not come within the scope of the provisions of EU law relating to freedom of movement for workers, in particular Regulation No 1612/68 (see Bidar , paragraph 29, and Förster , paragraphs 32 and 33). | 57. Furthermore, as stated at paragraph 2.1 of the Commission Interpretative Communication on the application of Community Law on Public Procurement and Concessions to Institutionalised Public-Private Partnerships (IPPPs) (OJ 2008 C 91, p. 4), the fact that a private entity and a contracting entity cooperate within a semi-private entity cannot serve as justification for the contracting entity not having to comply with the legal provisions on concessions when assigning concessions to that private entity or to the respective semi-private entity. | 0 |
3,683 | 100. Such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (see, inter alia, Les Éditions Albert René v OHIM , paragraph 69; Case C‑535/06 P Moser Baer India v Council [2009] ECR I‑7051, paragraph 33; and Calvin Klein Trademark Trust v OHIM , paragraph 50). | 67. Similarly, as regards the legal issue which is the subject-matter of the present dispute, the drafting of that provision does not present any divergences in the different language versions of that regulation. | 0 |
3,684 | 38
For the purposes of interpreting that provision, it should be noted that, in accordance with the need for a uniform application of EU law and the principle of equality, a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, and that interpretation must take into account, inter alia, the context of the provision and the objective pursued by the legislation in question (see, by analogy, judgment of 17 July 2008, Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42 and the case-law cited). | 15 On this issue the Court must find that the only matters at issue at the pre-litigation stage were Condition 6, Clause 2, of the general conditions, that is to say, the Danish content clause, and the commencement of negotiations on the basis of a tender which did not comply with Condition 3, Clause 3, of those conditions, concerning the tenderer' s responsibilities where an alternative project was tendered for. | 0 |
3,685 | 36. According to the settled case-law of the Court, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with EU law (see, inter alia, Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 36; Case C-379/05 Amurta [2007] ECR I-9569, paragraph 16; Case C-540/07 Commission v Italy [2009] ECR I-10983, paragraph 28; and Case C-487/08 Commission v Spain [2010] ECR I-4843, paragraph 37, and Case C-284/09 Commission v Germany [2011] ECR I-9879, paragraph 44). | 43. Furthermore, that request must be sent in an equivalent manner to all undertakings which are in the same situation, unless there is an objectively verifiable ground capable of justifying different treatment of the tenderers in that regard, in particular where the tender must, in any event, in the light of other factors, be rejected. | 0 |
3,686 | 104. That could be the case in particular where consecutive interventions, especially having regard to their chronology, their purpose and the circumstances of the undertaking at the time of those interventions, are so closely linked to each other that they are inseparable from one another (see, to that effect, Case 72/79 Commission v Italy [1980] ECR 1411, paragraph 24). | 34. With regard to the wording of Article 93(5) of Regulation No 40/94, the concept of ‘the Member State in which the act of infringement has been committed’ implies, as the Advocate General stated in point 31 of his Opinion, that that linking factor relates to active conduct on the part of the person causing that infringement. Therefore, the linking factor provided for by that provision refers to the Member State where the act giving rise to the alleged infringement occurred or may occur, not the Member State where that infringement produces its effects. | 0 |
3,687 | 65
Furthermore, there is a real risk that the consumer, particularly because of a lack of awareness, will not rely on the legal rule that is intended to protect him (judgment of 4 June 2015 in Faber, C‑497/13, EU:C:2015:357, paragraph 42 and the case-law cited). | 23 Entitlement to a retirement pension under an occupational scheme is indissolubly linked to the right to join such a scheme. Membership would be of no interest to employees if it did not confer entitlement to the benefits provided by the scheme. | 0 |
3,688 | 42. The Court has held that it cannot be excluded that the possible risk of seriously undermining the financial balance of a social security system may constitute an overriding reason in the public interest capable of justifying an obstacle to the freedom to provide services. The Court has likewise acknowledged that the objective of maintaining a balanced medical and hospital service open to all may also fall within the derogations on grounds of public health under Article 46 EC in so far as it contributes to the attainment of a high level of health protection. It has also held that Article 46 EC permits Member States to restrict the freedom to provide medical and hospital services in so far as the maintenance of treatment capacity or medical competence on national territory is essential for public health, and even the survival of the population (see, to that effect, Kohll , paragraphs 41, 50 and 51; Smits and Peerbooms , paragraphs 72 to 74; Müller-Fauré and van Riet , paragraphs 67 and 73; and Watts , paragraphs 103 to 105). | 104. The Court has likewise acknowledged that the objective of maintaining a balanced medical and hospital service open to all may also fall within the derogations on grounds of public health under Article 46 EC in so far as it contributes to the attainment of a high level of health protection ( Kohll , paragraph 50; Smits and Peerbooms , paragraph 73; and Müller-Fauré and van Riet , paragraph 67). | 1 |
3,689 | 33. Dès lors, ce n’est qu’à titre tout à fait exceptionnel que la Cour peut, par application d’un principe général de sécurité juridique inhérent à l’ordre juridique de l’Union, être amenée à limiter la possibilité d’invoquer une disposition qu’elle a interprétée. Pour qu’une telle limitation puisse être décidée, il est nécessaire que deux critères essentiels soient réunis, à savoir la bonne foi des milieux intéressés et le risque de troubles graves (arrêts Skov et Bilka, précité, point 51, ainsi que du 3 juin 2010, Kalinchev, C‑2/09, non encore publié au Recueil, point 50). | 44 The Austrian Government also points out that, frequently in this type of overall package, new measures affecting a category of operators disproportionately are not fully applicable to that category during the implementation phase. The justification for restricting energy tax rebates to undertakings manufacturing goods lies in the very fact that they are proportionately more affected than others by those taxes. | 0 |
3,690 | 59 While Article 36(1)(a) of Directive 92/50 leaves it to the contracting authority to choose the criteria on which it proposes to base the award of the contract, that choice may, however, relate only to criteria aimed at identifying the economically most advantageous tender (see, to that effect, concerning public works contracts, Beentjes, paragraph 19, Evans Medical and Macfarlan Smith, paragraph 42, and SIAC Construction, paragraph 36). Since a tender necessarily relates to the subject-matter of the contract, it follows that the award criteria which may be applied in accordance with that provision must themselves also be linked to the subject-matter of the contract. | 88. Account must also be taken of the fact that the Community trade mark was created for the benefit not of all citizens, but of economic operators, and that economic operators are not under any obligation to make use of it. | 0 |
3,691 | 26 With regard to the "place of performance", the Court has ruled that it is for the court before which the matter is brought to establish under the Convention whether the place of performance is situate within its territorial jurisdiction and that it must for that purpose determine in accordance with its own rules of conflict of laws what is the law applicable to the legal relationship in question and define, in accordance with that law, the place of performance of the contractual obligation in question (see Tessili, cited above, paragraph 13, as referred to in paragraph 7 of Shenavai, cited above). | 9 HOWEVER , ARTICLE 36 OF THE TREATY PROVIDES THAT THE PROVISIONS OF ARTICLE 30 TO 34 SHALL NOT PRECLUDE PROHIBITIONS OR RESTRICTIONS ON IMPORTS JUSTIFIED ON GROUNDS OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY . THE LATTER EXPRESSION INCLUDES THE PROTECTION CONFERRED BY COPYRIGHT , ESPECIALLY WHEN EXPLOITED COMMERCIALLY IN THE FORM OF LICENCES CAPABLE OF AFFECTING DISTRIBUTION IN THE VARIOUS MEMBER STATES OF GOODS INCORPORATING THE PROTECTED LITERARY OR ARTISTIC WORK .
| 0 |
3,692 | 23. Thus, the Court has held that agreements entered into within the framework of collective bargaining between employers and employees and intended to improve employment and working conditions must, by virtue of their nature and purpose, be regarded as not falling within the scope of Article 101(1) TFEU (see, to that effect, judgments in Albany , EU:C:1999:430, paragraph 60; Brentjens’ , EU:C:1999:434, paragraph 57; Drijvende Bokken , EU:C:1999:437, paragraph 47; Pavlov and Others , C‑180/98 to C‑184/98, EU:C:2000:428, paragraph 67; van der Woude , EU:C:2000:475, paragraph 22; and AG2R Prévoyance , C‑437/09, EU:C:2011:112, paragraph 29). | 138. Eu égard à l’étendue du pouvoir d’appréciation dont dispose le Conseil en l’espèce, la décision attaquée ne saurait être considérée comme violant le principe de proportionnalité en raison du seul fait qu’il aurait été envisageable, pour la République de Pologne, de poursuivre l’objectif visé au point 131 du présent arrêt au moyen d’un autre type de régime d’aides. En effet, il résulte d’une jurisprudence constante que, lors de l’examen du respect du principe de proportionnalité par une décision prise sur la base d’un pouvoir d’appréciation tel que celui dont est investi le Conseil par l’article 88, paragraphe 2, troisième alinéa, CE, la Cour doit déterminer non pas si la décision adoptée était la seule ou la meilleure possible, mais seulement si celle-ci était manifestement disproportionnée (voir, par analogie, arrêt du 11 juin 2009, Agrana Zucker, C‑33/08, Rec. p. I‑5035, point 33 et jurisprudence citée). | 0 |
3,693 | 83. It should first be recalled that, in accordance with settled case‑law of the Court, the procedure provided for by Article 267 TFEU is an instrument for cooperation between the Court and national courts by means of which the Court provides national courts with the criteria for the interpretation of European Union law which they need in order to decide the disputes before them (see, inter alia, Case C‑83/91 Meilicke [1992] ECR I‑4871, paragraph 22; Case C‑380/01 Schneider [2004] ECR I‑1389, paragraph 20; and the order of 13 January 2010 in Joined Cases C‑292/09 and C‑293/09 Calestani and Lunardi , paragraph 18). | 38 Consequently, that argument of the Greek Government cannot be accepted. | 0 |
3,694 | 100. In the absence of a Treaty definition of ‘movement of capital’ for the purposes of Article 56(1) EC, the Court has previously recognised the nomenclature annexed to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty [article repealed by the Treaty of Amsterdam] (OJ 1988 L 178, p. 5) as having indicative value. Movements of capital within the meaning of Article 56(1) EC therefore include direct investments, that is to say, as that nomenclature and the related explanatory notes show, investments of any kind undertaken by natural or legal persons and which serve to establish or maintain lasting and direct links between the persons providing the capital and the undertakings to which that capital is made available in order to carry out an economic activity (see, to that effect, Test Claimants in the FII Group Litigation , paragraphs 179 to 181; Case C‑112/05 Commission v Germany [2007] ECR I‑0000, paragraph 18; and A , paragraph 46). | 55. As the Advocate General stated at points 93 to 107 of his Opinion, the principle that the parties should be heard does not, as a rule, merely confer on each party to proceedings the right to be apprised of the documents produced and observations made to the Community Courts by the other party and to discuss them, and does not merely prevent the Community Courts from basing their decision on facts and documents which the parties, or one of them, have not had an opportunity to examine and on which they have therefore been unable to comment. It also, as a rule, implies a right for the parties to be apprised of pleas in law raised by those Courts of their own motion, on which they intend basing their decisions, and to discuss them. | 0 |
3,695 | Ensuite, il convient de rappeler, d’une part, que, aux termes du point 15 des lignes directrices de 2006, « [e]n vue de déterminer la valeur des ventes d’une entreprise, la Commission utilisera les meilleures données disponibles de cette entreprise ». D’autre part, selon la jurisprudence de la Cour, en adoptant des règles de conduite, telles que des lignes directrices, et en annonçant par leur publication qu’elle les appliquera dorénavant aux cas concernés par celles-ci, la Commission s’autolimite dans l’exercice de son pouvoir d’appréciation et ne saurait se départir de ces règles sous peine de se voir sanctionner, le cas échéant, au titre d’une violation de principes généraux du droit, tels que l’égalité de traitement ou la protection de la confiance légitime (voir, en ce sens, arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, EU:C:2005:408, point 211). | 92. Therefore, the addition of vegetable fats other than cocoa butter to cocoa and chocolate products which satisfy the minimum contents required by Directive 73/241 cannot substantially alter the nature of those products to the point where they are transformed into different products. | 0 |
3,696 | 35
Secondly, an EU official may have the status of a migrant worker for the purposes of Article 45 TFEU as a national of a Member State working in the territory of a Member State other than his or her State of origin. However, the fact nevertheless remains that, in so far as EU officials are not subject to national legislation on social security, as referred to in Article 2(1) of Regulation No 1408/71 and in the same article of Regulation No 883/2004, which defines the persons covered by those regulations, they cannot be characterised as ‘workers’ within the meaning of those provisions. Nor are they covered, in that context, by Article 48 TFEU, which conferred on the Council the task of instituting a scheme allowing workers to overcome any obstacles which may arise for them from national rules in the field of social security, a task which the Council fulfilled by adopting Regulation No 1408/71 and, subsequently, Regulation No 883/2004 (see, to that effect, judgments of 3 October 2000, Ferlini, C‑411/98, EU:C:2000:530, paragraphs 41 and 42, and of 16 December 2004, My, C‑293/03, EU:C:2004:821, paragraphs 34 to 37). | 94. Or, il ressort de la jurisprudence de la Cour qu’un acte en matière d’aides d’État, quelle que soit sa forme, constitue une décision lorsque, compte tenu de sa substance et de l’intention de la Commission, celle-ci a définitivement fixé par cet acte, au terme de la phase préliminaire d’examen, sa position sur la mesure en cause et, partant, lorsqu’elle a conclu que celle-ci constituait ou non une aide, qu’elle ne suscitait pas de doutes quant à sa compatibilité avec le marché commun ou qu’elle suscitait de tels doutes (voir, en ce sens, arrêt Athinaïki Techniki/Commission, précité, point 46). | 0 |
3,697 | 54. As to the second condition, the decisive test for finding that a breach of Community law is sufficiently serious is whether the Community institution concerned manifestly and gravely disregarded the limits on its discretion (see the judgments cited above Brasserie du pêcheur and Factortame , paragraph 55, and Bergaderm and Goupil v Commission , paragraph 43). Where that institution has only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach (Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 28; Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94 Dillenkofer and Others [1996] ECR I-4845, paragraph 25; Case C-127/95 Norbrook Laboratories [1998] ECR I-1531, paragraph 109; Case C-424/97 Haim [2000] ECR I-5123, paragraph 38, and Bergaderm and Goupil v Commission , cited above, paragraph 44). | 32. It follows that the General Court was wrong to reject, in paragraph 91 of the judgment under appeal, the appellant’s argument that Article 2(7)(b) and (c) of the basic regulation obliged the Commission to examine MET/IT claims from non-sampled traders. | 0 |
3,698 | 26. The effect of the Directive is therefore to limit exhaustion of the rights conferred on the proprietor of a trade mark to cases where goods have been put on the market in the EEA and to allow the proprietor to market his products outside that area without exhausting his rights within the EEA. By making it clear that the placing of goods on the market outside the EEA does not exhaust the proprietor's right to oppose the importation of those goods without his consent, the Community legislature has allowed the proprietor of the trade mark to control the initial marketing in the EEA of goods bearing the mark (Sebago and Maison Dubois , cited above, paragraph 21, and Zino Davidoff and Levi Strauss , cited above, paragraph 33). | 113. First, as regards the need to provide the customer with advice and information when a medicinal product is purchased, it is not impossible that adequate advice and information may be provided. Furthermore, as the defendants in the main proceedings point out, internet buying may have certain advantages, such as the ability to place the order from home or the office, without the need to go out, and to have time to think about the questions to ask the pharmacists, and these advantages must be taken into account. | 0 |
3,699 | 53. It should also be borne in mind that the principle of fiscal neutrality is the reflection, in matters relating to VAT, of the principle of equal treatment (Case C-106/05 L.u.P . [2006] ECR I‑5123, paragraph 48 and case-law cited, and Case C-309/06 Marks & Spencer [2008] ECR I‑0000, paragraph 49). | 40 That conclusion must, however, be qualified. It relates only to benefits ° being all that is mentioned in Protocol No 2 ° and not to the right to belong to an occupational social security scheme. | 0 |
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