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3,700 | 60. It should be noted in this connection that, even if — in order to ensure full compliance with the Court’s judgment — the penalty payment should be payable in its entirety until such time as the Member State has taken all the measures necessary to bring to an end the failure to fulfil obligations established, nevertheless, in certain specific cases, a penalty which takes account of the progress that the Member State may have made in complying with its obligations may be envisaged (see, to that effect, judgments in Commission v Spain , EU:C:2003:635, paragraphs 43 to 51; in Commission v Italy , EU:C:2011:740, paragraphs 47 to 55; and in Commission v Belgium , EU:C:2013:659, paragraphs 73 and 74). | 21 In that respect, it is sufficient to note that, unlike Article 4(1)(b), those provisions apply exclusively to marks which have a reputation and on condition that use of the third party's mark without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
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3,701 | 41 With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, fundamental rights form an integral part of the general principles of law, the observance of which it ensures. For that purpose the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories (see, in particular, the judgment in Case C-4/73 Nold v Commission [1974] ECR 491, paragraph 13). The European Convention on Human Rights has special significance in that respect (see in particular Case C-222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraph 18). It follows that, as the Court held in its judgment in Case C-5/88 Wachauf v Federal Republic of Germany [1989] ECR 2609, paragraph 19, the Community cannot accept measures which are incompatible with observance of the human rights thus recognized and guaranteed. | 10 Following the judgment in Stoeckel, cited above, the Italian Republic denounced the Convention in February 1992, with effect from February 1993. | 0 |
3,702 | 129. Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission , paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State’s territorial sea, Case C‑188/07 Commune de Mesquer [2008] ECR I‑4501, paragraphs 60 to 62). | 60. Moreover, the applicability of that directive is not called into question by the fact that the accidental spillage of hydrocarbons took place not on the land territory of a Member State but in its exclusive economic zone. | 1 |
3,703 | 27. As a preliminary point, it should be recalled, first of all, that, when the Court is requested to give a preliminary ruling on a matter of classification for customs purposes, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard. In any event the national court is in a better position to do so (Joined Cases C‑260/00 to C‑263/00 Lohman and Medi Bayreuth EU:C:2002:637, paragraph 26; Case C‑12/10 Lecson Elektromobile EU:C:2010:823, paragraph 15; and Joined Cases C‑320/11, C‑330/11, C‑382/11 and C‑383/11 Digitalnet and Others EU:C:2012:745, paragraph 61). | 42. In those circumstances, it must be held that by requiring, for the registration of partnerships or companies in the commercial register on application by persons who are nationals of the eight new Member States and are members of a partnership or have minority holdings in a limited liability company, a determination by the AMS that they are self-employed or the presentation of a work permit exemption certificate, the Republic of Austria has failed to fulfil its obligations under Article 43 EC.
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3,704 | 41. In that connection, regard must be had to the settled case-law of the Court to the effect that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the competent courts are satisfied (see, in particular, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 42, and Case C-347/00 Barreira Pérez [2002] ECR I-8191, paragraph 44). | 22 It should first be observed that the clear purpose of the Directive is to lay down a number of rules on the holding, movement and monitoring of products subject to excise duty, in particular so as to ensure that chargeability of excise duties is identical in all the Member States. | 0 |
3,705 | 24 It follows that a person may be established, within the meaning of the Treaty, in more than one Member State ° in particular, in the case of companies, through the setting-up of agencies, branches or subsidiaries (Article 52) and, as the Court has held, in the case of members of the professions, by establishing a second professional base (see Case 107/83 Ordre des Avocats au Barreau de Paris v Klopp [1984] ECR 2971, paragraph 19). | 25. The Court has previously ruled that the fact that the transfer results from unilateral decisions of public authorities rather than from an agreement does not render the directive inapplicable (see Case C‑29/91 Redmond Stichting [1992] ECR I‑3189, paragraphs 15 to 17, and Case C‑343/98 Collino and Chiappero [2000] ECR I‑6659, paragraph 34). | 0 |
3,706 | 22. To answer that question, it is necessary to take account of the wording of the provision on which a ruling on interpretation is sought, as well as the objectives and the scheme of the directive (see, to that effect, Joined Cases C‑283/94, C‑291/94 and C‑292/94 Denkavit and Others [1996] ECR I‑5063, paragraphs 24 and 26, and Case C‑375/98 Epson Europe [2000] ECR I‑4243, paragraphs 22 and 24). | 26 Moreover, the interpretation is confirmed by the purpose of the Directive, which, as already explained in paragraph 22 above, is to facilitate the tax arrangements governing cross-border cooperation. Member States cannot therefore, in this regard, unilaterally introduce restrictive measures such as the requirement, as in this instance, that a minimum holding period must already have been completed when the profits in respect of which the tax advantage is sought are distributed. | 1 |
3,707 | 19. Further, in order to establish whether a national body, entrusted by law with different categories of function, is to be regarded as a ‘court or tribunal’ within the meaning of Article 267 TFEU, it is necessary to determine in what specific capacity it is acting within the particular legal context in which it seeks a ruling from the Court. A national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see Belov , EU:C:2013:48, paragraphs 39 and 41). | 37 Such a proviso, compliance with which can be checked by the importing Member State by reference to the shipping documents, ensures cooperation between the exporting and importing States, the importance of which was emphasised in Anastasiou I, and reduces the various risks inherent in a situation in which products would be certified when they were merely passing through the territory of a non-member State. | 0 |
3,708 | 46. The Treaty provisions on freedom of movement for persons are intended to facilitate the pursuit by EU nationals of occupational activities of all kinds throughout the European Union, and they preclude measures which might place those nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (see Case C-464/02 Commission v Denmark [2005] ECR I-7929, paragraph 34 and case-law cited; Commission v Portugal , paragraph 15; Commission v Sweden , paragraph 17; Commission v Germany , paragraph 21; and Commission v Greece , paragraph 43). | 23. Selon une jurisprudence constante, il découle des exigences tant de l’application uniforme du droit de l’Union que du principe d’égalité que les termes d’une disposition du droit de l’Union qui ne comporte aucun renvoi exprès au droit des États membres pour déterminer son sens et sa portée doivent normalement trouver, dans toute l’Union, une interprétation autonome et uniforme qui doit être recherchée en tenant compte du contexte de la disposition et de l’objectif poursuivi par la réglementation en cause (voir, notamment, arrêt du 27 juin 2013, Malaysia Dairy Industries, C‑320/12, point 25 et jurisprudence citée). | 0 |
3,709 | 28. Second, the Court has already had occasion to point out that Directive 2004/38 aims to facilitate the exercise of the primary and individual right to move and reside freely within the territory of the Member States that is conferred directly on Union citizens by the FEU Treaty and that it aims in particular to strengthen that right (see Case C‑256/11 Dereci and Others [2011] ECR I‑0000, paragraph 50 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,710 | 24. In that regard, it should be noted that the preambles to the First and Second Directives show that their aim is, first, to ensure the free movement of vehicles normally based on EU territory and of persons travelling in those vehicles and, second, to guarantee that the victims of accidents caused by those vehicles receive comparable treatment irrespective of where in the European Union the accident occurred (see Case C‑129/94 Ruiz Bernáldez [1996] ECR I‑1829, paragraph 13, and Case C‑348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I‑6711, paragraph 24). | 137. In a situation such as that in the present case, the liability of Areva and Alstom, as parent companies, for the infringement committed is wholly derived from the liability of a subsidiary which belonged to those companies in succession (see, by analogy, Case C‑286/11 P Commission v Tomkins [2013] ECR, paragraphs 43 and 49). | 0 |
3,711 | 47. Il s’ensuit que la Cour peut, dans le cadre de l’exercice de la compétence d’interprétation du droit de l’Union qui lui est conférée par l’article 267 TFUE, interpréter les critères généraux utilisés par le législateur de l’Union européenne pour définir la notion de clause abusive. En revanche, elle ne saurait se prononcer sur l’application de ces critères généraux à une clause particulière qui doit être examinée en fonction des circonstances propres au cas d’espèce, si bien qu’il appartient au juge national de déterminer si une clause contractuelle déterminée doit être considérée comme abusive au regard de l’ensemble des circonstances entourant la conclusion du contrat considéré (voir, en ce sens, arrêt Freiburger Kommunalbauten, C‑237/02, EU:C:2004:209, points 22 et 25, ainsi que ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 60). | 34. Moreover, there is nothing in the text of the Treaty to suggest that students who are citizens of the Union, when they move to another Member State to study there, lose the rights which the Treaty confers on citizens of the Union ( Grzelczyk , paragraph 35). | 0 |
3,712 | 41. Provisions of national law which apply to the possession by nationals of one Member State of holdings in the capital of a company established in another Member State allowing them to exert a definite influence on that company’s decisions and to determine its activities fall within the ambit ratione materiae of Article 43 EC on freedom of establishment (see, in particular, Case C‑251/98 Baars [2000] ECR I‑2787, paragraph 22, and Case C‑326/07 Commission v Italy , paragraph 34). | 61. Par conséquent, il convient de constater que, en n’ayant pas pris, dans les délais impartis, toutes les mesures nécessaires pour supprimer les aides déclarées illégales et incompatibles avec le marché commun par la décision du 14 septembre 2005 ainsi que pour récupérer lesdites aides auprès des bénéficiaires, la République hellénique a manqué aux obligations qui lui incombent en vertu des articles 2 à 4 de cette décision.
Sur les dépens | 0 |
3,713 | 23. In this case, it must be held that, having regard, first, to the purpose of the third subparagraph of Article 17(5) of the Sixth Directive, which, as has been recalled in paragraph 18 of this judgment, is designed to allow Member States to reach more precise results in calculating the deductible proportion, second, to the general system of Article 17(5) of that directive, and, third, to the principle of fiscal neutrality, on which the common system of VAT is based and of which the third subparagraph of Article 17(5) may be regarded as constituting an application, the Member States must ensure, when exercising the prerogatives recognised by that latter provision, that the calculation of the deductible proportion of input VAT is as precise as possible (see, by analogy, as regards determination of the proportion between economic and non-economic activities, Securenta , paragraph 37). | 25
Although it is for the national court alone to rule on the classification of the EFS system in accordance with the particular circumstances of the case at issue in the main proceedings, the Court does, however, have jurisdiction to elicit from the provisions of Directive 2004/39, in this case Article 4(1)(14), the criteria that the national court may or must apply to that end (see, to that effect, judgment of 3 December 2015, Banif Plus Bank, C‑312/14, EU:C:2015:794, paragraph 51 and the case-law cited). | 0 |
3,714 | 58 However, in proceedings for a preliminary ruling, it is not for this Court but for the national court to determine which obligations are imposed by an earlier agreement on the Member State concerned and to ascertain their ambit so as to be able to determine the extent to which they thwart application of the provisions of Community law in question (see Case C-324/93 Evans Medical and Macfarlan Smith, cited above, paragraph 29). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,715 | 34. In that regard, the Court found in paragraph 26 of Skalka that the Austrian compensatory supplement is classifiable as a ‘special benefit’ as it augments a retirement pension or an invalidity pension, it is by nature social assistance in so far as it is intended to ensure a minimum means of subsistence for its recipient where his pension is insufficient, and entitlement is dependent on objective criteria defined by law. | 33
That interpretation is, inter alia, supported by the fact that the lodging of an appeal pursuant to Article 243 of the Customs Code does not, under the first subparagraph of Article 244 of that code, in principle, cause implementation of the disputed decision to be suspended and that such an appeal does not therefore preclude the immediate implementation of that decision (see, to that effect, judgment of 3 July 2014, Kamino International Logistics andDatema Hellmann Worldwide Logistics, C‑129/13 and C‑130/13, EU:C:2014:2041, paragraph 56). | 0 |
3,716 | 20. Second, the principle of fiscal neutrality precludes economic operators carrying out the same transactions from being treated differently in relation to the levying of VAT (see, to this effect, Case C-382/02 Cimber Air [2004] ECR I-8379, paragraphs 23 and 24; Case C-280/04 Jyske Finans [2005] ECR I-10683, paragraph 39; Abbey National , paragraph 56; and Claverhouse , paragraph 29). | 35 THE COSTS OF THE INSPECTION MAY WELL VARY FROM ONE MEMBER STATE TO ANOTHER SO THAT THE FEES MAY PROVE TO BE DIFFERENT ACCORDING TO THE MEMBER STATE WHERE THE INSPECTION IS CARRIED OUT .
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3,717 | 35. It is also clear from the Court ' s case-law that the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish that product or service from others which have another origin and that, for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the EC Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality (see, in particular, Case C-349/95 Loendersloot [1997] ECR I-6227, paragraphs 22 and 24; Case C-39/97 Canon [1998] ECR I-5507, paragraph 28, and Philips , paragraph 30). | 58 In addition, the obligations flowing from Article 4 of Directive 75/442 and Article 5 of Directive 78/319 were independent of the more specific obligations contained in Articles 5 to 11 of Directive 75/442 concerning the planning, organisation and supervision of waste disposal operations and Article 12 of Directive 78/319 concerning the disposal of toxic and dangerous waste. The same is true of the corresponding obligations under Directive 75/442 as amended and Directive 91/689. | 0 |
3,718 | 23. In particular, the obligation to refer imposed by the third paragraph of Article 234 EC is based on cooperation, established with a view to ensuring the proper application and uniform interpretation of Community law in all the Member States, between national courts, in their capacity as courts responsible for the application of Community law, and the Court of Justice. That obligation is intended in particular to prevent a body of national case-law that is not in accordance with the rules of Community law from coming into existence in any Member State (see Case C-337/95 Parfums Christian Dior [1997] ECR I‑6013, paragraph 25; Case C-393/98 Gomes Valente [2001] ECR I‑1327, paragraph 17; Case C-99/00 Lyckeskog [2002] ECR I‑4839, paragraph 14; and Case C-495/03 Intermodal Transports [2005] ECR I‑8151, paragraphs 29 and 38). | 14 The obligation on national courts against whose decisions there is no judicial remedy to refer a question to the Court for a preliminary ruling has its basis in the cooperation established, in order to ensure the proper application and uniform interpretation of Community law in all the Member States, between national courts, as courts responsible for applying Community law, and the Court. That obligation is in particular designed to prevent a body of national case-law that is not in accordance with the rules of Community law from coming into existence in any Member State (see, inter alia, Hoffmann-La Roche, cited above, paragraph 5, and Case C-337/95 Parfums Christian Dior [1997] ECR I-6013, paragraph 25). | 1 |
3,719 | 23
So far as concerns, secondly, Article 20 TFEU, the Court has already had occasion to hold that the situation of a Union citizen who, like CS’s child of British nationality, has not made use of the right of freedom of movement cannot, for that reason alone, be assimilated to a purely internal situation, that is to say, a situation which has no factor linking it with any of the situations governed by EU law (see judgments of 5 May 2011, McCarthy, C‑434/09, EU:C:2011:277, paragraph 46; of 15 November 2011, Dereci and Others, C‑256/11, EU:C:2011:734, paragraph 61; and of 6 December 2012, O and Others, C‑356/11 and C‑357/11, EU:C:2012:776, paragraph 43). | 34. First, both the principal activity of education and the supply of goods or services which are closely related to that activity must be provided by one of the bodies referred to in Article 13A(1)(i) of the Sixth Directive. | 0 |
3,720 | 76
That prohibition of granting a delegation of power relating to the essential elements of the matter concerned corresponds, moreover, to the settled case-law of the Court (see, to that effect, judgments of 17 December 1970, Köster, Berodt & Co., 25/70, EU:C:1970:115, paragraph 6, and of 5 September 2012, Parliament v Council, C‑355/10, EU:C:2012:516, paragraph 64 and the case-law cited). | 41. L’appréciation globale du risque de confusion doit, en ce qui concerne la similitude visuelle, phon étique ou conceptuelle des signes en conflit, être fondée sur l’impression d’ensemble produite par ceux-ci, en tenant compte, notamment, de leurs éléments distinctifs et dominants. La perception des marques qu’a le consommateur moyen des produits ou des services en cause joue un rôle déterminant dans l’appréciation globale dudit risque. À cet égard, le consommateur moyen perçoit normalement une marque comme un tout et ne se livre pas à un examen de ses différents détails (voir arrêt OHMI/Shaker, C‑334/05 P, EU:C:2007:333, point 35 et jurisprudence citée). | 0 |
3,721 | 24 In that regard, it is sufficient to observe that although it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 34), the Court of Justice does nevertheless have jurisdiction to consider whether the Court of First Instance has responded to a sufficient legal standard to all the arguments raised by the appellant with a view to having the fine cancelled or reduced (Case C-219/95 P Ferriere Nord v Commission [1997] ECR I-4411, paragraph 31). | 60. C’est à la lumière de ces éléments qu’il appartient aux autorités nationales de décider s’il y a lieu de considérer que, effectivement, le demandeur craint avec raison d’être, une fois de retour dans son pays d’origine, persécuté au sens de l’article 2, sous c), de la directive, lu en combinaison avec l’article 9, paragraphe 3, de celle-ci. | 0 |
3,722 | 35. According to the settled case-law of the Court, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (judgments in Cricket St Thomas , C‑372/88, EU:C:1990:140, paragraphs 18 and 19; Kurcums Metal , C‑558/11, EU:C:2012:721, paragraph 48; and Ivansson and Others , C‑307/13, EU:C:2014:2058, paragraph 40). | 40. It is therefore appropriate to recall that, in accordance with settled case-law, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (see, to that effect, judgment in Kurcums Metal , C‑558/11, EU:C:2012:721, paragraph 48 and the case-law cited). | 1 |
3,723 | 25 The Court has consistently held (see, in particular, France and Ireland v Commission, cited above, paragraph 72), that the statement of reasons required by Article 190 of the EEC Treaty must be appropriate to the nature of the measure in dispute. It must disclose in a clear and unequivocal fashion the reasoning followed by the Community institution which adopted the measure in question in such a way as to make the persons concerned aware of the justification for the measure and enable the Court to exercise its power of review. | 27 It follows, in particular, from the foregoing that the limitation of the effects in time of the Barber judgment concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. | 0 |
3,724 | 28. That is true, in particular, of a measure under which a distinction is drawn on the basis of residence or ordinary residence, in that that requirement is liable to operate mainly to the detriment of nationals of other Member States, since non-residents are in the majority of cases foreigners (see, inter alia, Case C‑224/97 Ciola [1999] ECR I‑2517, paragraph 14, and Case C‑388/01 Commission v Italy [2003] ECR I‑721, paragraph 14). | À moins qu’elle ne soit renversée, une telle présomption implique, dès lors, que l’exercice effectif d’une influence déterminante par la société mère sur sa filiale soit considéré comme établi et fonde la Commission à tenir la première responsable du comportement de la seconde, sans avoir à produire une quelconque preuve additionnelle (voir, en ce sens, arrêt 27 avril 2017, Akzo Nobel et Akzo Nobel Chemicals/Commission, C‑516/15 P, EU:C:2017:314, point 55). | 0 |
3,725 | 80. The freedom of establishment conferred on nationals of one Member State in the territory of another Member State includes in particular access to and exercise of activities of self-employed persons under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13, and, to that effect, Commission v Austria , paragraph 27). In other words, Article 43 EC prohibits the Member States from laying down in their laws conditions for the pursuit of activities by persons exercising their right of establishment there which differ from those laid down for their own nationals ( Commission v Austria , paragraph 28). | 34. As regards the argument that the rules mean in practice that whole events cannot be broadcast, although there are less restrictive measures to ensure the protection of public health, it must be observed that, for the reasons given by the Advocate General in paragraphs 103 and 104 of his Opinion, having regard, first, to the technical means currently available and, second, to their excessive cost, there is not currently any measure which is less restrictive which can exclude or conceal indirect television advertising for alcoholic beverages resulting from hoardings visible during the retransmission of sporting events. Since that advertising appears on screen only sporadically and only for a few seconds, it is not possible either to control its content or to insert warnings at the same time as the appearance of the advertisement on the screen on the dangers resulting from an excessive consumption of alcohol. | 0 |
3,726 | 49
In assessing the compatibility of the 2007 decision with the provisions of Directive 2000/60, it must be remembered that the obligations provided for in Article 4 thereof have been applicable per se only since 22 December 2009, when the time limit granted to the Member States under Article 13(6) thereof to publish river basin management plans expired (see, to that effect, judgment of 11 September 2012 in Nomarchiaki Aftodioikisi Aitoloakarnanias and Others, C‑43/10, EU:C:2012:560, paragraphs 51 to 56). | 32
The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures neutrality of taxation of all economic activities, whatever the purpose or results of those activities, provided that they are themselves subject to VAT (judgment of 6 December 2012 in Bonik, C‑285/11, EU:C:2012:774, paragraph 27). | 0 |
3,727 | 50. However, such an examination procedure must be one which is readily accessible, can be completed within a reasonable period, and, if it leads to a refusal, the decision of refusal must be open to challenge before the courts (see, to that effect, Case C-344/90 Commission v France [1992] ECR I‑4719, paragraph 9, and Case C-95/01 Greenham and Abel [2004] ECR I-1333, paragraph 35). | 9 First, the rules must make provision for a procedure enabling traders to have the additive included on the national list of authorized additives. The procedure must be one which is readily accessible, can be completed within a reasonable period, and, if it leads to a rejection, that rejection must be open to challenge before the courts. | 1 |
3,728 | 67. Furthermore, it is clear from the case-law of the Court that the Commission’s reasoned opinion and the action must be based on the same grounds without, however, going so far as to make it necessary that in every event they should be completely identical (see, to that effect, Case C‑417/02 Commission v Greece [2004] ECR I‑7973, paragraph 17). | 15 Accordingly a holding company which does not itself execute works may not, because its subsidiaries which do carry out works are separate legal persons, be precluded on that ground from participation in public works contract procedures. | 0 |
3,729 | 20. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39, and Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 19). | 82. The existence of a restriction on the freedom to provide services having been established, it needs to be examined whether it can be objectively justified. | 0 |
3,730 | 38. In that regard, the concept of ‘same acts’ in Article 3(2) of the Framework Decision cannot be left to the discretion of the judicial authorities of each Member State on the basis of their national law. It follows from the need for uniform application of European Union law that, since that provision makes no reference to the law of the Member States with regard to that concept, the latter must be given an autonomous and uniform interpretation throughout the European Union (see, by analogy, Case C‑66/08 Koszłowski [2008] ECR I‑6041, paragraphs 41 and 42). It is therefore an autonomous concept of European Union law which, as such, may be the subject of a reference for a preliminary ruling by any court before which a relevant action has been brought, under the conditions laid down in Title VII of Protocol No 36 to the Treaty on the Functioning of the European Union on transitional provisions. | 42. It follows from the need for uniform application of Community law and from the principle of equality that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Union, having regard to the context of the provision and the objective pursued by the legislation in question (see, by analogy, Case C-195/06 Österreichischer Rundfunk [2007] ECR I-8817, paragraph 24 and case-law cited). | 1 |
3,731 | 55 Moreover, in so far as Community law, including its general principles, does not include common rules, according to settled case-law, the national authorities when implementing Community regulations must act in accordance with the procedural and substantive rules of their own national law. However, as the Court has held, recourse to rules of national law is possible only in so far as it is necessary for the implementation of provisions of Community law and in so far as the application of those rules of national law does not jeopardise the scope and effectiveness of that Community law, including its general principles (Joined Cases 146/81, 192/81 and 193/81 BayWa and Others [1982] ECR 1503, paragraph 29; Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others [1983] ECR 2633, paragraphs 17 and 22). | 36. Contrairement à ce qui était le cas dans les affaires ayant donné lieu aux arrêts précités Cadbury Schweppes et Cadbury Schweppes Overseas (points 31 et 32) ainsi que Test Claimants in the Thin Cap Group Litigation (points 28 à 33), que le Royaume d’Espagne invoque au soutien de son analyse mentionnée au point 35 du présent arrêt, la législation nationale en cause dans la présente affaire n’a pas vocation à s’appliquer aux seules participations permettant d’exercer une influence certaine sur les décisions d’une société et de déterminer les activités de celle-ci (voir, par analogie, arrêt Holböck, précité, points 23 et 24). | 0 |
3,732 | 58. According to settled case-law, in order to assess the anti-competitive nature of an agreement, regard must be had inter alia to the content of its provisions, the objectives it seeks to attain and the economic and legal context of which it forms a part (see, to that effect, Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraph 25, and Case C-209/07 Beef Industry Development Society and Barry Brothers [2008] ECR I-0000, paragraphs 16 and 21). In addition, although the parties’ intention is not a necessary factor in determining whether an agreement is restrictive, there is nothing prohibiting the Commission or the Community judicature from taking that aspect into account (see, to that effect, IAZ International Belgium and Others v Commission , cited above, paragraphs 23 to 25). | 21. In fact, to determine whether an agreement comes within the prohibition laid down in Article 81(1) EC, close regard must be paid to the wording of its provisions and to the objectives which it is intended to attain. In that regard, even supposing it to be established that the parties to an agreement acted without any subjective intention of restricting competition, but with the object of remedying the effects of a crisis in their sector, such considerations are irrelevant for the purposes of applying that provision. Indeed, an agreement may be regarded as having a restrictive object even if it does not have the restriction of competition as its sole aim but also pursues other legitimate objectives ( General Motors v Commission , paragraph 64 and the case-law cited). It is only in connection with Article 81(3) EC that matters such as those relied upon by BIDS may, if appropriate, be taken into consideration for the purposes of obtaining an exemption from the prohibition laid down in Article 81(1) EC. | 1 |
3,733 | 8 In order to reply to the question referred, first of all it must be observed that, in accordance with the general principles on which the Community is based and which govern the relations between the Community and the Member States, it is for the Member States, by virtue of Article 5 of the Treaty, to ensure that Community legislation is implemented within their territory. In so far as Community law, including its general principles, does not contain common rules in that respect, national authorities, when implementing Community legislation, follow the procedural and substantive rules of their own national law; however, those national rules must be reconciled with the requirement of uniform application of Community law so as to avoid unequal treatment of economic operators. Furthermore, such rules must not have the effect of making it virtually impossible to implement Community legislation (see, to that effect, Joined Cases 205/82 to 215/82 Deutsche Milch-Kontor GmbH v Germany [1983] ECR 2633, paragraphs 17 and 19). | 53. It must be recalled, in the first place, that the publication required by Article 44a of Regulation No 1290/2005 and Regulation No 259/2008 implementing that article identifies by name all beneficiaries of aid from the EAGF and the EAFRD, among whom are both natural and legal persons. Having regard to the observations in paragraph 52 above, legal persons can claim the protection of Articles 7 and 8 of the Charter in relation to such identification only in so far as the official title of the legal person identifies one or more natural persons. | 0 |
3,734 | 20. It should be recalled that, according to well-established case law, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with European Union 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; and Case C-540/07 Commission v Italy [2009] ECR I-0000, paragraph 28). | 43. In the light of the foregoing it may reasonably be considered that a period of 15 months for carrying over the right to paid annual leave, such as the period at issue in the main proceedings, is not contrary to the purpose of that right, in that it ensures that the latter retains its positive effect for the worker as a rest period. | 0 |
3,735 | Cette conclusion n’est pas remise en cause par l’argument, invoqué par la République hellénique, selon lequel la situation de la décharge de Temploni est due à la densité de la population de l’île de Corfou et au nombre des touristes visitant cette île en été. En effet, selon une jurisprudence constante, un État membre ne saurait exciper de difficultés pratiques, administratives ou financières pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, en ce sens, arrêt du 18 octobre 2012, Commission/Royaume-Uni, C‑301/10, EU:C:2012:633, point 66 et jurisprudence citée). | 66. In this connection, it should be borne in mind that, in accordance with settled case-law, a Member State may not plead practical or administrative difficulties in order to justify non-compliance with the obligations and time-limits laid down by a directive. The same holds true of financial difficulties, which it is for the Member States to overcome by adopting appropriate measures (judgment of 30 November 2006 in Case C-293/05 Commission v Italy , paragraph 35 and the case-law cited). | 1 |
3,736 | 22. It should be noted that the Commission has a broad discretion to define the subject-matter of tariff headings, but that it is not authorised to alter the subject-matter of the tariff headings which have been defined on the basis of the Harmonised System (Case C-267/94 France v Commission [1995] ECR I-4845, paragraphs 19 and 20, and Case C-309/98 Holz Geenen [2000] ECR I-1975, paragraph 13). | 44. While it is for the referring court to assess whether the conditions of transposition, set out in paragraphs 40 to 43 of the present judgment, have been fulfilled in the main proceedings, the Court may nevertheless, in order to give the national court a useful answer, provide it with all the guidance that it deems necessary (see, in particular, Case C-49/07 MOTOE [2008] ECR I-0000, paragraph 30, and Case C‑414/07 Magoora [2008] ECR I-0000, paragraph 33). | 0 |
3,737 | 36. Regarding second-hand vehicles less than two years old, it is, more specifically, for the national court to ascertain, in the light of, in particular, the 2004 Order, whether they are in reality subject to the same burden because of the excise duty, by virtue of the fact that the residual amount of that duty incorporated into the market value of second-hand vehicles registered in Poland is equal to the amount of the same duty imposed on similar second-hand vehicles originating in a Member State other than the Republic of Poland ( Brzeziński , paragraph 36). | 34. In that connection, it must be recalled that, in the event of disruption to the service or danger, the adoption of measures necessary for restoring normal operating conditions, including the withdrawal of train paths, is not a matter of train path allocation (see, Case C-473/10 Commission v Hungary [2013] ECR I-0000, paragraphs 56 and 59). | 0 |
3,738 | 85 So, in considering whether Article 100a was the proper legal basis, the Court must verify whether the measure whose validity is at issue in fact pursues the objectives stated by the Community legislature (see, in particular, Spain v Council, cited above, paragraphs 25 to 41, and Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 10 to 21). | 32. D’autre part, il ressort du dossier que cette demande de prolongation ne comportait aucune motivation permettant à la Commission de se prononcer par une décision circonstanciée. | 0 |
3,739 | 27
In that regard, it should be borne in mind that it follows from recitals 9 and 10 of Directive 2001/29 that the latter’s objective is to establish a high level of protection for authors, allowing them to obtain an appropriate reward for the use of their works, including on the occasion of communication to the public. It follows that ‘communication to the public’ must be interpreted broadly, as recital 23 of the directive indeed expressly states (judgments of 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 36, and of 8 September 2016, GS Media, C‑160/15, EU:C:2016:644, paragraph 30 and the case-law cited). | 95 As regards, in particular, the fact that the Commission adopted the 1993 draft summary report without awaiting the report of the conciliation body, it must be observed, first, that the Belgian Government has raised this fact, not as a ground of annulment of the contested decision, but in support of its plea for annulment based on breach of the principles of bona fide cooperation and due care. Second, notwithstanding the Commission's haste in adopting the 1993 draft summary report, the documents before the Court show that in any event the Commission took note of the Belgian authorities' arguments and examined them, even if it did not find them persuasive. | 0 |
3,740 | 39 Nevertheless, the Court has also stated that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Bosman, paragraph 61; Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 20; Case C-322/98 Kachelmann [2000] ECR I-7505, paragraph 17). | 101. Il appartient dès lors au Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE, de se prononcer sur de telles demandes d’indemnité, en statuant dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée et en appliquant les critères définis aux points 96 à 100 du présent arrêt. | 0 |
3,741 | 42 In the absence of fraud or abuse and subject to any adjustments to be made under the conditions laid down in Article 20 of the Sixth Directive, entitlement to deduct, once it has arisen, is retained even if the taxable person has been unable to use the goods or services which gave rise to a deduction in the context of taxable transactions by reason of circumstances beyond his control. In such a case, there is no risk of fraud or abuse capable of justifying subsequent repayment of the sums deducted (Ghent Coal Terminal, paragraphs 20 and 22). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
3,742 | 32. Consequently, Article 2(1)(a)(i) requires that the consumer have correct, neutral and objective information that does not mislead him (see, to that effect, judgment in Commission v Italy , C‑47/09, EU:C:2010:714, paragraph 37). | 25. The rights that that provision confers on a Turkish worker with regard to employment necessarily imply the existence of a concomitant right of residence for the person concerned, without which the right to have access to the employment market and to take up employment would be rendered totally ineffective ( Kurz , paragraph 27). | 0 |
3,743 | 73
Moreover, it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the General Court exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for their infringement of EU law. Accordingly, only where the Court of Justice considers that the level of the penalty is not merely inappropriate, but also excessive to the point of being disproportionate, does it have to find that the General Court erred in law, on account of the inappropriateness of the amount of a fine (see, inter alia, judgment of 30 May 2013, Quinn Barlo and Others v Commission, C‑70/12 P, not published, EU:C:2013:351, paragraph 57 and the case-law cited). | 19
To that end, it is appropriate, on the one hand, to identify the comparable procedures or action and, on the other, to determine whether the actions concerning enforcement of an act covered by Article 299 TFEU are handled in a less favourable manner than comparable actions concerning the enforcement of an act of a national public authority. | 0 |
3,744 | 40. In that regard, it is ultimately for the referring court, which has sole jurisdiction to assess the facts and interpret the national legislation, to determine whether and to what extent such legislation satisfies those conditions. However, the Court, which is called on to provide answers of use to the referring court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the referring court to give judgment ( Ottica New Line di Accardi Vincenzo paragraphs 48 and 49 and the case-law cited). | 22 Any measure imposing sanctions has, by definition, consequences which affect the right to property and the freedom to pursue a trade or business, thereby causing harm to persons who are in no way responsible for the situation which led to the adoption of the sanctions. | 0 |
3,745 | 35. The term ‘discard’ must be interpreted in the light not only of the fundamental aim of the Directive, which, according to the third recital in the preamble thereto, is ‘the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste’, but also of Article 174(2) EC. The latter provision states that ‘Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken … ‘. It follows that the term ‘discard’ – and, accordingly, the concept of ‘waste’, within the meaning of Article 1(a) of the Directive – cannot be interpreted restrictively (see, to that effect, inter alia, Joined Cases C‑418/97 and C‑419/97 ARCO Chemie Nederland and Others [2000] ECR I‑4475, paragraphs 36 to 40, and Thames Water Utilities , paragraph 27). | 46
Second, although it has been held, in particular as regards enforcement proceedings for mortgages, that, failing effective review of the potential unfairness of contractual terms in the instrument on the basis of which the property is seized, observance of the rights conferred under Directive 93/13 cannot be guaranteed (see, to that effect, judgments of 14 March 2013, Aziz, C‑415/11, EU:C:2013:164, paragraph 59, and of 18 February 2016, Finanmadrid EFC, C‑49/14, EU:C:2016:98, paragraph 46), it must be emphasised that the instrument on which the action brought before the referring court is based is, in the present case, the instrument of ownership as entered in the land register and not the mortgage loan agreement, the security for which has been enforced extra-judicially. | 0 |
3,746 | 27
It should be noted that, in accordance with the settled case-law of the Court, in a reference for a preliminary ruling under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to find and assess the facts in the case in the main proceedings (see, inter alia, judgment of 25 October 2012 in Rintisch,C‑553/11, EU:C:2012:671, paragraph 15). In that context, the Court is empowered to rule on the interpretation or validity of EU law in the light of the factual and legal situation as described by the referring court, in order to provide that court with such guidance as will assist it in resolving the dispute before it (see, inter alia, judgment of 9 November 2006 in Chateignier, C‑346/05, EU:C:2006:711, paragraph 22). | 26. Rather, it is necessary that that public service should be provided under the control of a public authority and that that undertaking should have special powers beyond those which result from the normal rules applicable in relations between individuals (see, to that effect, Rieser Internationale Transporte , paragraphs 25 to 27). | 0 |
3,747 | 13. As a preliminary point it must be recalled that although, in the absence of complete harmonisation in the field, the Member States may prescribe the conditions for the registration of vehicles travelling on their territory, the measures adopted cannot be exempt from the application of Articles 10 EC and 39 EC (see, by way of analogy, Case C-121/00 Hahn [2002] ECR I-9193, paragraph 34). | 80. The Court has consistently held that where an undertaking that has benefited from unlawful State aid is bought at the market price, that is to say at the highest price which a private investor acting under normal competitive conditions was ready to pay for that company in the situation it was in, in particular after having enjoyed State aid, the aid element was assessed at the market price and included in the purchase price. In such circumstances, the buyer cannot be regarded as having benefited from an advantage in relation to other market operators (Case C-390/98 Banks [2001] ECR I-6117, paragraph 77). | 0 |
3,748 | 52. Accordingly, as regards Articles 77(2)(b)(i) and 78(2)(b)(i) of Regulation No 1408/71, the Court has already held that those provisions cannot be interpreted in such as way as to deprive the worker, or the orphan of a deceased worker, of entitlement to more favourable benefits, by the substitution of benefits granted in the Member State of the new residence for benefits previously acquired solely by reason of the legislation of another Member State (see, to that effect, in particular Case 733/79 Laterza [1980] ECR-1915, paragraphs 9 and 10; Case 807/79 Gravina [1980] ECR-2205, paragraph 8; Case 320/82 D’Amario [1983] ECR-3811, paragraph 5; Case 269/87 Ventura [1988] ECR-6411, paragraph 14; and Bastos Moriana and Others , paragraph 16). | 5 IT FOLLOWS FROM THE ABOVE-MENTIONED JUDGMENT THAT ARTICLE 78 OF REGULATION NO 1408/71 MAY NOT BE INTERPRETED IN SUCH A WAY AS TO DEPRIVE THE ORPHANS OF A DECEASED WORKER WHO HAS BEEN SUBJECT TO THE LEGISLATION OF MORE THAN ONE MEMBER STATE OF THE BENEFITS ACQUIRED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE IF THEY ARE HIGHER THAN THE BENEFITS GRANTED BY THE MEMBER STATE TO WHOSE TERRITORY THE ORPHANS ' RESIDENCE HAS BEEN TRANSFERRED .
| 1 |
3,749 | 54. Moreover, where Regulation No 1408/71 gives insured persons within its scope a right of choice as to the legislation applicable, it does so expressly ( Aubin , paragraph 19). | 34 It is undisputed that the use of mopeds on a beach used for breeding by the Caretta caretta turtle is, particularly owing to the noise pollution, liable to disturb that species during the laying period, the incubation period and the hatching of the eggs, as well as during the baby turtles' migration to the sea. It is also established that the presence of small boats near the breeding beaches constitutes a source of danger to the life and physical well-being of the turtles. | 0 |
3,750 | 42
Hence, any withdrawal from authorised storage of goods subject to customs supervision — whether intentional or not intentional, such as a theft — without the authorisation of the customs authority constitutes unlawful removal from customs supervision for the purposes of Article 203(1) of the Customs Code and thus gives rise under that provision to a customs debt on importation (see, to that effect, the judgments of 1 February 2001, D. Wandel, C‑66/99, EU:C:2001:69, paragraphs 48 and 50; of 12 February 2004, Hamann International, C‑337/01, EU:C:2004:90, paragraph 36; and of 11 July 2013, Harry Winston, C‑273/12, EU:C:2013:466, paragraphs 30 and 33). Similarly, the Court has held that an article left for temporary storage must be deemed to have been removed from customs supervision if it is declared for an external Community transit procedure, but it does not in fact leave the storage facility and is not presented to the customs office at the place of destination, although the transit documents have been presented there (judgment of 12 June 2014, SEK Zollagentur, C‑75/13, EU:C:2014:1759, paragraph 33). | 11 In the light of those criteria, rules on an end-of-service allowance for Members of Parliament and individual measures applying those rules have legal effects going beyond the internal organization of the work of that institution in so far as they affect the financial situation of Members of Parliament when they cease to serve in that capacity. | 0 |
3,751 | 144. The principle of proportionality, which is one of the general principles of Community law, requires the means employed by a Community provision to be appropriate for attaining the objective pursued and not to go beyond what is necessary to achieve it (see, inter alia, Case 137/85 Maizena and Others [1987] ECR 4587, paragraph 15; Case C-339/02 ADM Ölmühlen [1993] ECR I-6473, paragraph 15; and Case C-210/00 Käserei Champignon Hofmeister [2002] ECR I‑6453, paragraph 59). | 28. That condition could place, above all, nationals of other Member States at a disadvantage. Inasmuch as it links the grant of that allowance to the requirement that the applicant has obtained the required diploma in Belgium, that condition can be met more easily by Belgian nationals. | 0 |
3,752 | 21 The Court has thus recognised, for example, that sex may be a determining factor for posts such as those of prison warders and head prison warders (Case 318/86 Commission v France [1988] ECR 3559, paragraphs 11 to 18), for certain activities such as policing activities performed in situations where there are serious internal disturbances (Johnston, paragraphs 36 and 37) or for service in certain special combat units (Sirdar, paragraphs 29 to 31). | 28 The reply to be given to the questions submitted by the national court must therefore be that Article 18(1) to (4) of Regulation No 574/72 are to be interpreted as meaning that the competent institution, even where this is the employer and not a social security institution, is bound in fact and in law by the medical findings made by the institution of the place of residence or temporary residence concerning the commencement and duration of the incapacity for work, when it does not have the person concerned examined by a doctor of its choice, as it may do under Article 18(5). | 0 |
3,753 | 49. Secondly, it should be noted that Article 37 of Directive 92/50 does not contain a definition of the concept of an ‘abnormally low tender’. It is thus for the Member States and, in particular, the contracting authorities to determine the method of calculating an anomaly threshold constituting an ‘abnormally low tender’ within the meaning of that article (see, to that effect, the judgment in Lombardini and Mantovani , C‑285/99 and C‑286/99, EU:C:2001:640, paragraph 67). | 6 HOWEVER , IN ITS ABOVE-MENTIONED DECISIONS THE COURT HAS PLACED LIMITS ON BOTH THE EXPRESS REFERENCE TO NATIONAL LAWS CONTAINED IN ARTICLE 8 OF REGULATION NO 729/70 AND THE IMPLIED REFERENCE WHICH HAS BEEN ACKNOWLEDGED TO BE NECESSARY IN THE ABSENCE OF COMMUNITY RULES . THUS THE APPLICATION OF NATIONAL LAW MUST NOT ADVERSELY AFFECT THE SCOPE OR IMPAIR THE EFFECTIVENESS OF COMMUNITY LAW BY MAKING THE RECOVERY OF SUMS WRONGLY PAID IMPOSSIBLE IN PRACTICE . NOR MAY IT MAKE THE RECOVERY OF SUCH SUMS SUBJECT TO CONDITIONS OR DETAILED RULES LESS FAVOURABLE THAN THOSE WHICH APPLY TO SIMILAR PROCEDURES GOVERNED BY NATIONAL LAW ALONE . IN SUCH MATTERS THE NATIONAL AUTHORITIES MUST PROCEED WITH THE SAME CARE AS THEY EXERCISE IN IMPLEMENTING CORRESPONDING NATIONAL LAWS SO AS NOT TO IMPAIR , IN ANY WAY , THE EFFECTIVENESS OF COMMUNITY LAW .
| 0 |
3,754 | 40. That provision is intended not only to prevent the concurrent application of a number of national legislative systems and the complications which might ensue, but also to ensure that persons covered by Regulation No 883/2004 are not left without social security cover because there is no legislation which is applicable to them (see, by analogy, Case C‑275/96 Kuusijärvi [1998] ECR I‑3419, paragraph 28, and Case C‑619/11 Dumont de Chassart [2013] ECR I‑0000, paragraph 38). | 18 Consequently, Note 5(B) to the Combined Nomenclature does not preclude network cards from being classified under heading No 8471. | 0 |
3,755 | 64. It is true that calculation, when applying the imputation method, of a tax credit on the basis of the nominal rate of tax to which the profits underlying the dividends paid have been subject may still lead to a less favourable tax treatment of foreign-sourced dividends, as a result in particular of the existence in the Member States of different rules relating to determination of the basis of assessment for corporation tax. However, it must be held that, when unfavourable treatment of that kind arises, it results from the exercise in parallel by different Member States of their fiscal sovereignty, which is compatible with the Treaty (see, to this effect, Kerckhaert and Morres , paragraph 20, and Case C‑96/08 CIBA [2010] ECR I‑2911, paragraph 25). | 39. The Court also held that such national rules cannot be regarded as contrary to the principle of proportionality. It found that a national law which allowed the purchaser of tax markings to obtain reimbursement simply by claiming that they had gone missing would be likely to encourage abuse and evasion, the prevention of which is precisely one of the objectives pursued by Community law ( Heintz van Landewijck , paragraphs 42 and 43). | 0 |
3,756 | 97 In that connection, it is important to emphasise first that the principle laid down in Article 3(1) of Decision No 3/80, prohibiting all discrimination based on nationality in the field covered by that decision, means that a Turkish national to whom that decision applies must be treated in the same way as nationals of the host Member State, so that the legislation of that Member State cannot impose upon such a Turkish national more or stricter conditions than those applicable to its own nationals (see, by analogy, Case 186/87 Cowan v Trésor Public [1989] ECR 195, paragraph 10, Kziber, paragraph 28, and Hallouzi-Choho, paragraphs 35 and 36, both cited above). | 24. Moreover, the Spanish Government explained at the hearing that, in practice, tenderers in public procurement procedures do not generally avail themselves of the possibility of directly initiating an administrative-law action, without having first brought a special appeal of the kind in the main proceedings before the Tribunal Català de Contractes del Sector Públic. Essentially, the administrative courts are thus, as a general rule, involved at second instance, with the result that, in the Autonomous Community of Catalonia, primary responsibility for ensuring that EU public procurement law is observed lies with the referring body. | 0 |
3,757 | 24. In that regard, the Court has confirmed that, pursuant to Article 4(1) of the Directive, the unfairness of a contractual term is to be assessed taking into account the nature of the goods or services for which the contract in question was concluded and by referring to all the circumstances attending its conclusion, as well as all the other clauses in the contract (see Case C‑472/11 Banif Plus Bank [2013] ECR, paragraph 40). In that respect, it follows that the consequences of the term under the law applicable to the contract must also be taken into account, requiring consideration to be given to the national legal system (see Aziz , paragraph 71). | 93
As regards the Commission’s treatment of the information submitted by an undertaking participating in the leniency programme, it is true that, in point 29 of that notice, the Commission accepts that it is aware that that notice will create legitimate expectations on which undertakings may rely when disclosing the existence of a cartel to it. | 0 |
3,758 | 42. The periods of residence as set out in the two indents of the first paragraph of Article 7, if they are not to be rendered totally ineffective, require that a concomitant right of residence for the duration of those periods be acknowledged for the members of the family of a Turkish worker authorised to join him in the host Member State (see Kadiman , paragraph 29, and Bozkurt , paragraphs 31 and 36). The refusal to confer such a right would render meaningless the authorisation granted by the Member State concerned to a member of the family of a migrant Turkish worker to join that worker and would constitute the very negation of the opportunity thus provided to the person concerned to reside in the territory of the host Member State. | 56 The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product. It is on the latter, ultimately, that the product's reputation is based. | 0 |
3,759 | 37. The Court has thus stated, first, that the fact that a substance or object undergoes one of the disposal or recovery operations listed, respectively, in Annexes II A and II B to the directive does not, by itself, mean that a substance or object involved in such an operation is to be classified as waste (see, to that effect, inter alia, Niselli , paragraphs 36 and 37); and, secondly, that the concept of waste does not exclude substances and objects which are capable of economic re-use (see, to that effect, inter alia, Joined Cases C‑304/94, C‑330/94, C‑342/94 and C‑224/95 Tombesi and Others [1997] ECR I‑3561, paragraphs 47 and 48). The system of supervision and control established by the directive is intended to cover all objects and substances discarded by their owners, even if they have a commercial value and are collected on a commercial basis for recycling, recovery or re-use (see, inter alia, Palin Granit , paragraph 29). | 21 As regards that part of the appeal which concerns the decision of the Court of First Instance to dismiss the action in non-contractual liability as inadmissible, it suffices to note that the question whether the amount of compensation claimed by each of the appellants has been sufficiently proven in the application and the reply requires an assessment of the facts which lies beyond the jurisdiction of the Court, which is merely to review the compliance of the contested order with rules of law. | 0 |
3,760 | 27
Such an interpretation is consistent with the objective pursued by the directives in this area of attaining the widest possible opening-up of public contracts to competition to the benefit not only of economic operators but also contracting authorities (see, to that effect, judgment of 23 December 2009 in CoNISMa, C‑305/08, EU:C:2009:807, paragraph 37 and the case-law cited). In addition, that interpretation also facilitates the involvement of small- and medium-sized undertakings in the contracts procurement market, an aim also pursued by Directive 2004/18, as stated in recital 32 thereof (see judgment of 10 October 2013 in Swm Costruzioni 2 and Mannocchi Luigino, C‑94/12, EU:C:2013:646, paragraph 34). | 14 Those sandals and shoes may thus be assimilated to mass-produced inner soles or to mass-produced footwear the soles of which support the arch, which are articles not falling within Chapter 90. | 0 |
3,761 | 44. The system for the transfer of pension rights, as set out in Article 11(2) of Annex VIII to the Staff Regulations, seeks by enabling the Community scheme to be coordinated with the national schemes to facilitate movement from national employment, whether public or private, to the Community administration and thus to ensure that the Communities have the best possible chance of being able to choose qualified staff who already possess suitable experience (Case 137/80 Commission v Belgium [1981] ECR 2393, paragraphs 11 and 12). | 22. The Italian Government submits that it is for the Commission to produce scientific evidence that, given the prevailing environmental conditions in Italy, the fixing of a maximum authorised caffeine level does not satisfy the criteria of a proper balancing of the interests in question. | 0 |
3,762 | 76. In cases in which the unlawful aid in question has to be recovered from undertakings against which individual protective or enforcement measures have been adopted without success, it is for the Member State concerned to take and then communicate to the Commission all measures enabling repayment of the unlawful aid to be obtained and, if need be, measures aimed at the judicial liquidation of those undertakings, so that that State can enforce its claims against their assets (see, to that effect, C‑280/05 Commission v Italy , paragraph 28 and the case-law cited). Consequently, it is for the Member State to demonstrate, first, that bankruptcy proceedings have been taken against the undertakings concerned and, secondly, that the claims against them have been registered in accordance with the principles set out in paragraphs 72 to 74 above. | 21 Paragraph (3) of that article provides that `the designations used for milk products may be also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product.' | 0 |
3,763 | 25. In that regard, it should be borne in mind that, in proceedings under Article 234 EC, 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. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (see, inter alia, Case C-119/05 Lucchini [2007] ECR I-6199, paragraph 43; Case C-414/07 Magoora [2008] ECR I-10921, paragraph 22; and Case C-12/08 Mono Car Styling [2009] ECR I-0000, paragraph 27). | 25 FAR FROM INVOLVING A DEPARTURE FROM THESE FUNDAMENTAL RULES, THEREFORE, THE OBJECT OF THE RULES RELATING TO THE COMMON TRANSPORT POLICY IS TO IMPLEMENT AND COMPLIMENT THEM BY MEANS OF COMMON ACTION . | 0 |
3,764 | 96
It is clear from the Court’s case-law that, in such circumstances, the requirement of legal certainty means that the EU institutions must exercise their powers within a reasonable time (see, to that effect, judgments of 24 September 2002 in Falck and Acciaierie di Bolzano v Commission, C‑74/00 P and C‑75/00 P, EU:C:2002:524, paragraphs 139 to 141 and the case-law cited; 28 February 2013 in Review of Arango Jaramillo and Others v EIB, C‑334/12 RX-II, EU:C:2013:134, paragraph 28; and 13 November 2014 in Nencini v Parliament, C‑447/13 P, EU:C:2014:2372, paragraphs 47 and 48), as the General Court also stated in paragraph 81 of the judgment under appeal. | 27. The distinctive character of a trade mark, in whatever category, must be the subject of a specific assessment. | 0 |
3,765 | 111. It is apparent from the case‑file that that argument did not expand on an argument raised previously, whether directly or by implication, in the original application which is closely connected to the original complaint. However, Articles 48(2) of the Rules of Procedure of the General Court provides that no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure (see, to that effect, the judgment of 12 November 2009 in Case C‑564/08 P SGL Carbon v Commission , not published in the ECR, paragraphs 20 to 34). | 30. The possibility cannot be excluded that, in certain particular circumstances, the Netherlands State might exercise its special rights in order to defend general interests, which might be contrary to the economic interests of the company concerned. The special shares at issue thus entail the real risk that decisions recommended by the organs of those companies as being in the economic interests of the latter may be blocked by that State. | 0 |
3,766 | 88. In that connection, it is clear from the judgment in Case C-298/98 P Finnboard v Commission [2000] ECR I-10157, and in particular from paragraphs 56, 59 and 60 thereof, that the Commission may, when fixing the amount of a fine, take account of the assistance given to it by the undertaking concerned by which it is able to establish the existence of the infringement with less difficulty and, in particular, of the fact that an undertaking admitted its participation in the infringement. It may grant an undertaking that has assisted it in that way a significant reduction of the amount of its fine and grant a substantially lesser reduction to another undertaking which merely did not deny the main factual allegations on which the Commission based its objections. | 43 In the first place, they do not cover all the substances to which the Commission's application relates. In any event, the Belgian Government has not specified which substances are relevant in the national context. | 0 |
3,767 | 33. The Court has held that the Member States, in exercising a power conferred under that directive, may choose the legislative technique which they regard as the most appropriate. Thus they may, inter alia, merely incorporate into national tax legislation the approach adopted in the Directive or an equivalent expression (see, to that effect, Case C-102/08 SALIX Grundstücks-Vermietungsgesellschaft [2009] ECR I-4629, paragraph 56). | 76. As is clear from the case-file, the concept of fault does not have the same content in the various legal systems. | 0 |
3,768 | 48. Furthermore, it should be recalled that, according to the case-law of the Court, the explanatory notes drawn up, as regards the CN, by the Commission and, as regards the HS, by the World Customs Organisation may be an important aid to the interpretation of the scope of the various headings but do not have legally binding force (see Case C-35/93 Develop Dr. Eisbein [1994] ECR I‑2655, paragraph 21, and Case C-400/05 B.A.S. Trucks [2007] ECR I‑311, paragraph 28). The content of those notes must therefore be in accordance with the provisions of the CN and may not alter their meaning (Case C-280/97 ROSE Elektrotechnik [1999] ECR I‑689, paragraph 23; Case C-495/03 Intermodal Transports [2005] ECR I‑8151, paragraph 48; and Case C‑445/04 Possehl Erzkontor [2005] ECR I‑10721, paragraph 20). | 52. In that regard, the requirement to impose an obligation of confidentiality in no way prevents the use of a competitive tendering procedure for the award of a contract. | 0 |
3,769 | 29. Third, to allow, within the scheme of the Convention, decisions in which courts other than those of a State in which a particular patent is issued rule indirectly on the validity of that patent would also multiply the risk of conflicting decisions which the Convention seeks specifically to avoid (see, to that effect, Case C‑406/92 Tatry [1994] ECR I-5439, paragraph 52, and Besix , cited above, paragraph 27). | 55. Moreover, national legislation constitutes a restriction where it makes the pursuit of an activity subject to a condition which is linked to the economic or social needs for that activity, since it tends to limit the number of service providers (see, to that effect, Hartlauer , paragraph 36). | 0 |
3,770 | 32. It should be recalled in this regard that Article 49 EC precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within a Member State (see, in particular, Case C‑118/96 Safir [1998] ECR I‑1897, paragraph 23; Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 23; and Case C‑318/05 Commission v Germany [2007] ECR I‑6957, paragraph 81). | 16. It is not therefore necessary, in connection with the questions raised, to consider the interpretation of the Directive as amended by Directive 98/50.
The first question | 0 |
3,771 | 24 Finally, it need merely be stated in reply to the Greek Government, which contends that the flat-rate system of taxation is intended to discourage the kinds of fraud associated with imports of private vehicles by reason of the high rate of tax applied to them, that, as the Court has held, the impossibility of carrying out the requisite controls and investigations concerning imported cars cannot justify the introduction of a flat-rate system of taxation for imported cars alone (see the judgment in Case 45/75 REWE-Zentrale, cited above, paragraph 15). | 15 ON THE OTHER HAND , THE FIRST PARAGRAPH OF ARTICLE 95 IS INFRINGED WHERE THE TAXATION ON THE IMPORTED PRODUCT AND THAT ON THE SIMILAR DOMESTIC PRODUCT ARE CALCULATED IN A DIFFERENT MANNER ON THE BASIS OF DIFFERENT CRITERIA WHICH LEAD , IF ONLY IN CERTAIN CASES , TO HIGHER TAXATION BEING IMPOSED ON THE IMPORTED PRODUCT .
THIS FINDING CANNOT BE REFUTED BY THE CLAIM THAT ALTHOUGH THE IMPORTED PRODUCT IS TAXED AT A FLAT RATE WHILST THE DOMESTIC PRODUCT IS TAXED ACCORDING TO A SLIDING SCALE THIS IS BECAUSE THE INVESTIGATIONS WHICH WOULD BE NECESSARY IN THE FORMER CASE COULD NOT BE CARRIED OUT .
EVEN THOUGH IT MIGHT INDEED BE IMPOSSIBLE TO INTRODUCE THE SAME SLIDING SCALE FOR THE INCREASE OR REDUCTION OF TAXATION ON BOTH DOMESTIC AND IMPORTED PRODUCTS , IT IS NEVERTHELESS POSSIBLE TO IMPOSE A SINGLE FLAT RATE OR FIXED CHARGE ON BOTH PRODUCTS IN ORDER TO OBSERVE THE PROHIBITION ON DISCRIMINATION LAID DOWN IN ARTICLE 95 .
MOREOVER , IN ITS RECOMMENDATION ADDRESSED TO THE GERMAN GOVERNMENT ON 22 DECEMBER 1969 - ON WHICH , HOWEVER , NO ACTION WAS TAKEN - THE COMMISSION SUGGESTED THAT CONDITIONS OF TAXATION SHOULD BE ALIGNED IN THIS WAY .
| 1 |
3,772 | 19. It is common ground that the principal characteristic of ‘bake-off’ products is that they are delivered at sales outlets after the main stages of preparation of those products have been completed. At those sales outlets, only a brief thawing and reheating or final baking are carried out. In those circumstances, requiring vendors of ‘bake-off’ products to comply with all of the requirements imposed on traditional bakeries, including, in particular, the requirement of having a flour store, an area for kneading equipment and a solid-fuel store, does not take the specific nature of those products into account and entails additional costs, thereby making the marketing of those products more difficult. That legislation therefore constitutes a barrier to imports which cannot be regarded as establishing a selling arrangement as contemplated in Keck and Mithouard (paragraphs 15 and 16). | 65. Thus, on the date on which it brought its action before the Court of First Instance, KFC had a vested and present interest in bringing proceedings against the contested decision, in so far as, in the event that the contested decision were annulled, its request for first GFA authorisation would be considered, with the result that KFC could join that scheme if it were to fulfil the aforementioned criteria. As the Court of First Instance correctly held in paragraphs 59 and 66 of the judgment under appeal, that fact, on its own, was sufficient to procure an ‘advantage’ to KFC for the purposes of the case‑law mentioned in paragraph 63 of this judgment. | 0 |
3,773 | 51. In accordance with the Court’s case-law, the setting of reasonable limitation periods for bringing proceedings must be regarded as satisfying, in principle, the requirement of effectiveness under Directive 89/665, since it is an application of the fundamental principle of legal certainty. The full implementation of the objective sought by Directive 89/665 would be undermined if candidates and tenderers were allowed to invoke, at any stage of the award procedure, infringements of the rules of public procurement, thus obliging the contracting authority to restart the entire procedure in order to correct such infringements (judgments in Universale-Bau and Others , C‑470/99, EU:C:2002:746, paragraphs 75 and 76 and the case-law cited; Lämmerzahl , C‑241/06, EU:C:2007:597, paragraphs 50 and 51; and Commission v Ireland , C‑456/08, EU:C:2010:46, paragraphs 51 and 52). | 54. Finally, where the nature and the broad logic of the treaty in question permit the validity of the act of European Union law to be reviewed in the light of the provisions of that treaty, it is also necessary that the provisions of that treaty which are relied upon for the purpose of examining the validity of the act of European Union law appear, as regards their content, to be unconditional and sufficiently precise (see IATA and ELFAA , paragraph 39, and Intertanko and Others , paragraph 45). | 0 |
3,774 | 28. Nevertheless, it is clear from both the wording and the scheme of Article 267 TFEU that a national court or tribunal is not empowered to bring a matter before the Court of Justice by way of a reference for a preliminary ruling unless a case is pending before it, in which it is called upon to give a decision which is capable of taking account of the preliminary ruling (see, to that effect, Joined Cases C‑422/93 to C‑424/93 Zabala Erasun and Others [1995] ECR I‑1567, paragraph 28; Case C‑314/96 Djabali [1998] ECR I‑1149, paragraph 18; and Case C‑225/02 García Blanco [2005] ECR I‑523, paragraph 27). | 98. It should be borne in mind, however, that, at that time, there was not yet Community protection in place for designations of origin and geographical indications, which was established for the first time in the basic regulation. At the date of that response, the name ‘feta’ was protected in Greece only by traditional custom. | 0 |
3,775 | 34 It should be observed at the outset that Article 226 EC enables the Commission to institute proceedings for failure to fulfil obligations each time it forms the view that a Member State has failed to fulfil an obligation under Community law, without its being required to draw distinctions based on the nature or gravity of the infringement, since such proceedings are based on the objective finding that a Member State has failed to fulfil its obligations under the Treaty or secondary legislation (see Case 301/81 Commission v Belgium [1983] ECR 467, paragraph 8; Case C-209/88 Commission v Italy [1990] ECR I-4313, paragraph 13; Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 14; and Case C-333/99 Commission v France [2001] ECR I-1025, paragraphs 32 and 33). | 46. It should also be noted that the effects of this exception are only temporary since the heirs must transfer the rights to operate the pharmacy to a pharmacist within 12 months. | 0 |
3,776 | 56. Clause 4 of the framework agreement, which has direct effect, prohibits, in respect of employment conditions and periods of service related to employment conditions, the treatment of fixed-term workers in a less favourable manner than comparable permanent workers, solely because their employment is for a fixed term ( Impact , paragraphs 59 and 68). | 28. En outre, les parties contractantes restent libres de convenir des niveaux de prise en charge des frais d’assistance juridique plus importants, moyennant éventuellement le paiement par l’assuré d’une prime plus élevée (voir, en ce sens, arrêt Stark, précité, point 34). | 0 |
3,777 | 58. It is true that the Court held in paragraphs 50 and 51 of Akrich that, in order to benefit from the rights provided for in Article 10 of Regulation No 1612/68, the national of a non-member country who is the spouse of a Union citizen must be lawfully resident in a Member State when he moves to another Member State to which the citizen of the Union is migrating or has migrated. However, that conclusion must be reconsidered. The benefit of such rights cannot depend on the prior lawful residence of such a spouse in another Member State (see, to that effect, MRAX , paragraph 59, and Case C‑157/03 Commission v Spain , paragraph 28). | 109. It follows that the condition of presence in the competent Member State on the date on which the claim is made, to which acquisition of short-term incapacity benefit in youth is subject, amounts to an unjustified restriction on the freedoms conferred by Article 21(1) TFEU on every citizen of the Union. | 0 |
3,778 | 28 It is essential for that purpose of the system of differentiated refunds that products in respect of which a subsidy is granted in the form of a refund actually reach their market of destination so that they can be marketed there (see Anglo Irish Beef Processors International, paragraph 28). | 41 Article 73b(1) of the Treaty lays down a clear and unconditional prohibition for which no implementing measure is needed. | 0 |
3,779 | 39
Thirdly, as regards the need to ensure the effective collection of tax, it must be recalled that, although the Court has held that such an objective constitutes an overriding reason of public interest, capable of justifying a restriction on the freedom to provide services (see, inter alia, judgments of 3 October 2006 in FKP Scorpio Konzertproduktionen, C‑290/04, EU:C:2006:630, paragraphs 35 and 36, and 18 October 2012 in X, C‑498/10, EU:C:2012:635, paragraph 39), that restriction must still be applied in such a way as to ensure achievement of the aim pursued and not go beyond what is necessary for that purpose (judgment of 18 October 2012 in X, C‑498/10, EU:C:2012:635, paragraph 36). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,780 | 56
It is settled case-law that the general principle which guarantees any litigant the right to plead, in an action brought against a national measure which adversely affects him, that the EU act forming the basis for that measure is invalid does not preclude such a right from being subject to the condition that the person concerned did not have the right to request the EU judicature directly to annul it, under Article 263 TFEU. However, it is only if it can be held that a person would undoubtedly have been entitled to request the annulment of the act in question that he is prevented from pleading its invalidity before the national court having jurisdiction (see, to this effect, judgments in TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraph 23; Valimar, C‑374/12, EU:C:2014:2231, paragraphs 28 and 29; and TMK Europe, C‑143/14, EU:C:2015:236, paragraph 18). | 41 Only full communication of Law No 257/92 could enable the Commission to evaluate the exact scope of any technical regulations contained in that Law which, as its title indicates, concerns the cessation of the use of asbestos. | 0 |
3,781 | 34. In those circumstances, the Commission, which has the responsibility under Article 211 EC for ensuring that Member States comply with their obligations under Community law, cannot be blamed for fixing deadlines which took account of the specific circumstances of the case, and particularly its urgency (see, to that effect, Case 293/85 Commission v Belgium [1988] ECR 305, paragraph 14; Case C‑328/96 Commission v Austria [1999] ECR I-7479, paragraphs 34 and 51, and Case C-1/00 Commission v France [2001] ECR I-9989, paragraphs 64 and 65). | 64. In doing that, those Courts cannot base their reasoning simply on the rules alleged by the parties. | 0 |
3,782 | 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). | 74
Since the preliminary annual number of allowances granted free of charge to industrial installations corresponds, in accordance with Article 10(2) of Decision 2011/278, inter alia, to the value of the benchmarks referred to in Annex I of that decision, including those for coke, hot metal and sintered ore, multiplied by the relevant product-related historical activity level, that number increased in accordance with the adaptations made by the Commission. However, in so far as the waste gases were combusted by electricity generators, the corresponding emissions were not taken into account when establishing the maximum annual amount of allowances. | 0 |
3,783 | 47. Since the procedure laid down in Article 228(2) EC must be regarded as a special judicial procedure for the enforcement of judgments, in other words as a method of enforcement (Case C-304/02 Commission v France [2005] ECR I-6263, paragraph 92) only a failure of a Member State to fulfil its obligations under the Treaty which the Court has declared, on the basis of Article 226 EC, to be well founded may be dealt with under that procedure. | 69
Likewise, the Court has previously held that in the interests of legal certainty it is compatible with EU law to lay down reasonable time-limits for bringing proceedings (judgment of 6 October 2009, Asturcom Telecomunicaciones, C‑40/08, EU:C:2009:615, paragraph 41). | 0 |
3,784 | 12 It is not sufficient, for the purpose of showing that an additive does not meet a genuine need, to rely on the fact that a product could be manufactured using another substance. Such an interpretation of the concept of technological need could result in favouring national production methods, which would constitute a disguised means of restricting trade between Member States (see the "Purity requirement for beer case", cited above, at paragraph 51, and the judgment in Joined Cases C-13/91 and C-113/91 Debus [1992] ECR I-3617, at paragraph 28). | 43 Lastly, it should be pointed out that the penalty laid down in point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 consists of the payment of a penalty, the amount of which is determined on the basis of the amount which would have been unduly received by the trader had an irregularity not been detected by the competent authorities. It is, therefore, an integral part of the export refund scheme in question and is not of a criminal nature. | 0 |
3,785 | 67
Thus, placing or keeping an applicant in detention under point (e) of the first subparagraph of Article 8(3) of Directive 2013/33 is, in view of the requirement of necessity, justified on the ground of a threat to national security or public order only if the applicant’s individual conduct represents a genuine, present and sufficiently serious threat, affecting a fundamental interest of society or the internal or external security of the Member State concerned (see, to that effect, judgment in T., C‑373/13, EU:C:2015:413, paragraphs 78 and 79). | 32. That provision takes account of the legitimate interest which Member States have in reserving to their own nationals a range of posts connected with the exercise of powers conferred by public law and with the protection of general interests (see judgments in Commission v Belgium , 149/79, EU:C:1980:297, paragraph 19, and Vougioukas , C‑443/93, EU:C:1995:394, paragraph 20). | 0 |
3,786 | 81 The first point to be borne in mind here is the need to ensure legal certainty, which means that rules must enable those concerned to know precisely the extent of the obligations which they impose on them (see, to that effect, Case 348/85 Denmark v Commission [1987] ECR 5225, paragraph 19). The Commission thus cannot choose, at the time of the clearance of EAGGF accounts, an interpretation which departs from and is not dictated by the normal meaning of the words used (see, to that effect, Case 349/85 Denmark v Commission [1988] ECR 169, paragraphs 15 and 16). | 135 Thirdly, although it has been argued that the nationality clauses prevent the richest clubs from engaging the best foreign players, those clauses are not sufficient to achieve the aim of maintaining a competitive balance, since there are no rules limiting the possibility for such clubs to recruit the best national players, thus undermining that balance to just the same extent. | 0 |
3,787 | 33. It must be pointed out at the outset that the dispute in the main proceedings is between two individuals. Although it is true that, in such an action, neither of the parties may rely on the direct effect of Directive 1999/44, it is, however, settled case-law that a national court, when hearing a case exclusively between individuals, is required, when applying the provisions of domestic law, to consider the whole body of rules of national law and to interpret them, so far as possible, in the light of the wording and purpose of the applicable directive in order to achieve an outcome consistent with the objective pursued by that directive (see, inter alia, judgment in LCL Le Crédit Lyonnais , C‑565/12, EU:C:2014:190, paragraph 54 and the case-law cited). | 54. In the event that the referring court were to find that the penalty of forfeiture of entitlement to contractual interest is not genuinely dissuasive, within the meaning of Article 23 of Directive 2008/48, it must be noted in this respect that a national court, when hearing a case exclusively between individuals, is required, when applying the provisions of domestic law, to consider the whole body of rules of national law and to interpret them, so far as possible, in the light of the wording and purpose of the applicable directive in order to achieve an outcome consistent with the objective pursued by that directive (see, inter alia, Case C‑351/12 OSA [2014] ECR, paragraph 44). | 1 |
3,788 | 46. In that regard, it is settled case-law that the need to provide an interpretation of EU law which will be of use to the national court requires that the national court define the factual and legal context of its questions or, at the very least, that it explain the factual circumstances on which those questions are based (see, in particular, Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraph 22; Case C‑145/03 Keller [2005] ECR I‑2529, paragraph 29; and Joined Cases C‑453/03, C‑11/04, C‑12/04 and C‑194/04 ABNA and Others [2005] ECR I‑10423, paragraph 45). | 63 Consultation of the VAT Committee is thus clearly a condition precedent to the adoption of any measure on the basis of that provision. | 0 |
3,789 | 48. According to settled case-law, migrant workers are guaranteed certain rights linked to the status of worker even when they are no longer in an employment relationship (see, to that effect, Case 39/86 Lair [1988] ECR 3161, paragraph 36; Case C‑85/96 Martínez Sala [1998] ECR I-2691, paragraph 32; Case C‑35/97 Commission v France [1998] ECR I‑5325, paragraph 41; Case C‑413/01 Ninni‑Orasche [2003] ECR I‑13187, paragraph 34; and Case C‑138/02 Collins [2004] ECR I‑2703, paragraph 27). | 59. It is necessary to ascertain whether, in reaching that conclusion, the General Court erred in law as regards the scope of Articles 60 EC and 301 EC, as interpreted by the case‑law of the Court of Justice (see, inter alia, Kadi and Al Barakaat International Foundation v Council and Commission ). | 0 |
3,790 | 33. In any event, the fact remains that, although the requirement as to legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position must be interpreted in the light of the principle of effective judicial protection, such an interpretation cannot have the effect of setting aside that condition without going beyond the jurisdiction conferred by the EC Treaty on the Community courts ( Reynolds Tobacco and Others v Commission , paragraph 81). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,791 | 32 However, those considerations do not in any way restrict the discretion of the national court, which alone has a direct knowledge of the facts of the case and of the arguments of the parties, which will have to take responsibility for giving judgment in the case, and which is therefore in the best position to appreciate at what stage in the proceedings it requires a preliminary ruling from the Court of Justice (Case C-127/92 Enderby [1993] ECR I-5535, paragraph 10). | 55. Of course, the maker of a database can reserve exclusive access to his database to himself or reserve access to specific people. However, if he himself makes the contents of his database or a part of it accessible to the public, his sui generis right does not allow him to prevent third parties from consulting that base. | 0 |
3,792 | 20. Since the provisions of that convention have been an integral part of the EU legal order from the date on which the convention entered into force, the Court has jurisdiction to give a preliminary ruling concerning its interpretation, in accordance with the rules of interpretation of general international law, which are binding on the European Union (see, to that effect, Case C‑386/08 Brita [2010] ECR I‑1289, paragraphs 39 to 42, and Case C‑63/09 Walz [2010] ECR I‑4239, paragraphs 20 and 22 and the case‑law cited). | 55
In so far as the price is, in principle, a determining factor in the consumer’s mind, when it must make a transactional decision, it must be considered necessary information to enable the consumer to make such a fully informed decision. | 0 |
3,793 | 23
In that regard, it is to be noted that the objective pursued by Directive 87/344, in particular Article 4 thereof, concerning the free choice of lawyer or representative, is to protect, broadly, the interests of insured persons. The general scope and obligatory nature that the right of the insured party to choose his lawyer or representative is recognised to possess militate against a restrictive interpretation of Article 4(1)(a) of the Directive (see, to that effect, judgments in Eschig, C‑199/08, EU:C:2009:538, paragraphs 45 and 47, and Sneller, C‑442/12, EU:C:2013:717, paragraph 24). | 22 It should be noted that, as the Commission has observed, in general the annual depreciation in the value of cars is considerably more than 5%, that that depreciation is not linear, especially in the first years when it is much more marked than subsequently, and, finally, that vehicles continue to depreciate more than four years after being put into circulation. | 0 |
3,794 | 29. In that regard, it should be noted, firstly, that 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, Albany , paragraph 60; Brentjens’ , paragraph 57; Drijvende Bokken , paragraph 47; Joined Cases C‑180/98 to C‑184/98 Pavlov and Others [2000] ECR I‑6451, paragraph 67; and Case C‑222/98 van der Woude [2000] ECR I‑7111, paragraph 22). | 53. EU law does not, provided that the general principles of EU law are respected, preclude measures to re‑establish equal treatment by reducing the advantages of the persons previously favoured (see Case C‑200/91 Coloroll Pension Trustees [1994] ECR I‑4389, paragraph 33). However, before such measures are adopted, there is no provision of EU law which requires that a category of persons who already benefit from supplementary social protection, such as that at issue in the main proceedings, should be deprived of it. | 0 |
3,795 | 39. Moreover, according to settled case-law, the Council has conferred upon the Commission, acting in cooperation with the customs experts of the Member States, a broad discretion to define the subject-matter of tariff headings falling to be considered for the classification of particular goods. However, the Commission’s power to adopt the measures mentioned in Article 9(1)(a), (b), (d) and (e) of Regulation No 2658/87 does not authorise it to alter the subject-matter of the tariff headings which have been defined on the basis of the HS established by the Convention whose scope the European Union has undertaken, under Article 3 thereof, not to modify (see Case C-267/94 France v Commission [1995] ECR I-4845, paragraphs 19 and 20; Case C-15/05 Kawasaki Motors Europe [2006] ECR I-3657, paragraph 35; and Joined Cases C-522/07 and C-65/08 Dinter and Europol Frost-Food [2009] ECR I-10333, paragraph 32). | 35. At the outset it must be recalled that the Council has conferred upon the Commission, acting in cooperation with the customs experts of the Member States, a broad discretion to define the subject-matter of tariff headings falling to be considered for the classification of particular goods. However, the Commission’s power to adopt the measures mentioned in Article 9(1)(a), (b), (d) and (e) of Regulation No 2658/87 does not authorise it to alter the subject-matter of the tariff headings which have been defined on the basis of the HS established by the Convention whose scope the Community has undertaken, under Article 3 thereof, not to modify (see Case C-267/94 France v Commission [1995] ECR I‑4845, paragraphs 19 and 20; Case C-309/98 Holz Geenen [2000] ECR I-1975, paragraph 13; and Joined Cases C-304/04 and C‑305/04 Jacob Meijer and Eagle International Freight [2005] ECR I-6251, paragraph 22). | 1 |
3,796 | 24. It is appropriate to recall that the Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties, reopen the oral procedure, in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see the order in Case C-17/98 Emesa Sugar [2000] ECR I-665, paragraph 18, and the judgments in Case C-309/99 Wouters and Others [2002] ECR I-1577, paragraph 42, and Case C-147/02 Alabaster [2004] ECR I-3101, paragraph 35). | 52
It is only quite exceptionally that the Court may, in application of the general principle of legal certainty inherent in the EU legal order, be moved to restrict for any person concerned the opportunity of relying on a provision which it has interpreted with a view to calling into question legal relationships established in good faith. Two essential criteria must be fulfilled before such a limitation can be imposed: those concerned must have acted in good faith and there must be a risk of serious difficulties (judgments of 27 February 2014, Transportes Jordi Besora, C‑82/12, EU:C:2014:108, paragraph 41, and of 22 September 2016, Microsoft Mobile Sales International and Others, C‑110/15, EU:C:2016:717, paragraph 60). | 0 |
3,797 | 33. In any event, the fact remains that, although the requirement as to legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in its legal position must be interpreted in the light of the principle of effective judicial protection, such an interpretation cannot have the effect of setting aside that condition without going beyond the jurisdiction conferred by the EC Treaty on the Community courts ( Reynolds Tobacco and Others v Commission , paragraph 81). | 38. Ce principe, qui constitue la base des directives relatives aux procédures de passation des marchés publics, implique une obligation de transparence, afin de permettre de vérifier son respect (voir, notamment, arrêts du 7 décembre 2000, Telaustria et Telefonadress, C‑324/98, Rec. p. I‑10745, point 61; du 12 décembre 2002, Universale-Bau e.a., C‑470/99, Rec. p. I‑11617, point 91, ainsi que du 29 avril 2004, Commission/CAS Succhi di Frutta, C‑496/99 P, Rec. p. I‑3801, point 109). | 0 |
3,798 | 137 The Court has thus held that the principle of national treatment requires a Member State which is a party to a bilateral international treaty with a non-member country for the avoidance of double taxation to grant to permanent establishments of companies resident in another Member State the advantages provided for by that treaty on the same conditions as those which apply to companies resident in the Member State that is party to the treaty (see Saint-Gobain, paragraph 59, and judgment of 15 January 2002 in Case C-55/00 Gottardo v INPS [2002] ECR I-413, paragraph 32). | 41. Consequently, a product that falls within the definition of a ‘medicinal product’ within the meaning of Directive 2001/83 must be regarded as a medicinal product and may not be classified as a medical device within the meaning of Directive 93/42. | 0 |
3,799 | 22 In its judgment in Case C-47/88 Commission v Denmark [1990] ECR I-4509, at paragraph 21, the Court of Justice held that Article 95 of the Treaty precludes a Member State from applying to imported second-hand vehicles a registration duty calculated on the basis of a fixed taxable value never capable of amounting to less than 90% of the taxable value of the vehicle when new, thereby limiting the depreciation of those vehicles to 10%, whatever their age or condition. In the Court's view, the levying of a registration duty for which the basis of assessment is at least 90% of the value of the vehicle when new generally constitutes manifest overtaxation of those vehicles in comparison with the residual registration duty in the case of previously-registered used cars bought on the national market, whatever their age or condition (Commission v Denmark, paragraph 20). | 45. It should be pointed out that, although the first question refers only to Article 38 of the Charter, the present request for a preliminary ruling relates to, in essence, and cites, in particular, among the relevant elements of EU law, Article 47 of the Charter. In view of the fact that the first three questions asked by the referring court seek to determine the level of protection afforded consumers and the judicial remedies available to the latter, that article should be included amongst the European Union legal instruments which the referring court seeks to have interpreted by the Court. | 0 |
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