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3,800 | 30. In that regard, and as pointed out by the Advocate General in paragraph 24 of his Opinion, it must be established that the State authorities were prompted to adopt legislation or conduct contrary to Community law because of objective and significant uncertainty regarding the implications of the Community provisions concerned (see, to that effect, Case C-359/97 Commission v United Kingdom [2000] ECR I-6355, paragraph 92). However, there was no such uncertainty in this instance. It is thus not necessary to restrict the effects in time of the present judgment. | 95. Bien que l’article 260, paragraphe 1, TFUE ne précise pas le délai dans lequel l’exécution d’un arrêt doit intervenir, l’intérêt qui s’attache à une application immédiate et uniforme du droit de l’Union exige, selon une jurisprudence constante de la Cour, que cette exécution soit entamée immédiatement et aboutisse dans des délais aussi brefs que possible (voir, notamment, arrêt Commission/Portugal, C‑76/13, EU:C:2014:2029, point 57). | 0 |
3,801 | 76. Even if that regulation could have derogated, in respect of the fraction of the tariff quota which is adjusted, from the allocation formula fixed by Article 19(1) of Regulation No 404/93 (see, to that effect, Joined Cases C-9/95, C-23/95 and C-156/95 Belgium and Germany v Commission [1997] ECR I-645, paragraph 34), it would have concerned Camar and Tico only by reason of their objective status of importers of Somalian bananas, in the same way as every other operator in a similar situation. | 72. The system of administrative cooperation put in place by Protocol 4 can, however, function only if the customs authorities of the State of import accept the determinations legally made by the authorities of the State of export (see Sfakianakis , paragraph 23). | 0 |
3,802 | 85
The principle of confidentiality of communications established by Directive 2002/58 implies, inter alia, as stated in the second sentence of Article 5(1) of that directive, that, as a general rule, any person other than the users is prohibited from storing, without the consent of the users concerned, the traffic data related to electronic communications. The only exceptions relate to persons lawfully authorised in accordance with Article 15(1) of that directive and to the technical storage necessary for conveyance of a communication (see, to that effect, judgment of 29 January 2008, Promusicae, C‑275/06, EU:C:2008:54, paragraph 47). | 32
Although the Court has held that the Commission may withdraw a decision to take no further action on a complaint regarding alleged unlawful aid in order to remedy illegality affecting that decision (judgment of 16 December 2010, Athinaïki Techniki v Commission, C‑362/09 P, EU:C:2010:783, paragraph 70), the adoption of a purely confirmatory decision cannot be regarded as being such a withdrawal. | 0 |
3,803 | 20. The system put in place by Regulation No 1408/71 is merely a system of coordination, concerning inter alia, in Title II thereof, the determination of the legislation applicable to employed and self-employed workers who make use, under various circumstances, of their right to freedom of movement. It is inherent in such a system that the level of contributions to be paid in respect of the pursuit of the same activity will differ according to the Member State where that activity is wholly or partly pursued or according to the social security legislation to which that activity is subject (see, to that effect, Commission v Germany , paragraph 29, and Joined Cases C-393/99 and C-394/99 Hervein and Others [2002] ECR I-2829, paragraph 52). | 47. En outre, il découle du libellé du point 4 de l’annexe III de la directive 2006/112 que ce point 4 ne vise que les équipements médicaux, le matériel auxiliaire et les autres appareils normalement destinés à soulager ou à traiter des handicaps et à l’usage personnel et exclusif des handicapés. À cet égard, il ressort du sens même des termes «personnel» et «exclusif» figurant audit point 4 que celui-ci ne vise pas les dispositifs à usage général (voir arrêt Commission/Espagne, C‑360/11, EU:C:2013:17, point 85). | 0 |
3,804 | 39
It should further be recalled that the Court has already ruled, in the context of an exclusive licence agreement, that the obligation to pay a royalty, even after the expiry of the period of validity of the licensed patent, may reflect a commercial assessment of the value to be attributed to the possibilities of exploitation granted by the licence agreement, especially when that obligation to pay was embodied in a licence agreement entered into before the patent was granted (judgment of 12 May 1989 in Ottung, 320/87, ECR, EU:C:1989:195, paragraph 11). In such circumstances, where the licensee may freely terminate the agreement by giving reasonable notice, an obligation to pay a royalty throughout the validity of the agreement cannot come within the scope of the prohibition set out in Article 101(1) TFEU (judgment of 12 May 1989 in Ottung, 320/87, EU:C:1989:195, paragraph 13). | 211. In the main proceedings, the first condition is plainly satisfied as regards Articles 43 EC and 56 EC. Those provisions confer rights on individuals (see, respectively, Brasserie du Pêcheur and Factortame , paragraphs 23 and 54, and Joined Cases C‑163/94, C‑165/94 and C‑250/94 Sanz de Lera and Others [1995] ECR I‑4821, paragraph 43). | 0 |
3,805 | 31
However, according to the case-law of the Court, relating to several areas other than VAT law, the imposition of such costs can be challenged in the light of the right to an effective remedy guaranteed by Article 47 of the Charter only where those costs represent an insurmountable obstacle (see, by analogy, judgment of 22 December 2010 in DEB, C‑279/09, EU:C:2010:811, paragraph 61, and order of 13 June 2012 in GREP, C‑156/12, not published, EU:C:2012:342, paragraph 46) or where they make it in practice impossible or excessively difficult to exercise the rights conferred by the EU legal order (see, by analogy, judgment of 6 October 2015 in Orizzonte Salute, C‑61/14, EU:C:2015:655, paragraphs 48, 49 and 58). | 26 IT FOLLOWS FROM ALL THOSE PROVISIONS THAT THE DETERMINATION OF THE ORIGIN OF GOODS ACCORDING TO PROTOCOL NO 3 IS BASED ON A DIVISION OF POWERS BETWEEN THE CUSTOMS AUTHORITIES OF THE PARTIES TO THE FREE-TRADE AGREEMENT INASMUCH AS ORIGIN IS ESTABLISHED BY THE AUTHORITIES OF THE EXPORTING COUNTRY AND THE PROPER WORKING OF THAT SYSTEM IS MONITORED JOINTLY BY THE AUTHORITIES CONCERNED ON BOTH SIDES . THAT SYSTEM IS JUSTIFIED BY THE FACT THAT THE AUTHORITIES OF THE EXPORTING STATE ARE IN THE BEST POSITION TO VERIFY DIRECTLY THE FACTS WHICH DETERMINE ORIGIN ; MOREOVER , IT HAS THE ADVANTAGE OF PRODUCING CERTAIN AND UNIFORM RESULTS REGARDING THE IDENTIFICATION OF THE ORIGIN OF GOODS AND OF THEREBY AVOIDING DEFLECTIONS OF TRADE AND DISTORTIONS OF COMPETITION IN TRADE .
| 0 |
3,806 | 35. By way of exception, if it is established that the measure simultaneously pursues several objectives which are inseparably linked without one being secondary and indirect in relation to the other, the measure must be founded on the corresponding legal bases (see Case C-300/89 Commission v Council , cited above, paragraphs 13 and 17, Parliament v Council , cited above, paragraphs 38 and 43, Case C-336/00 Huber [2002] ECR I-7699, paragraph 31, and Opinion 2/00, cited above, paragraph 23). | 60. In addition, it is not apparent from any provision of that regulation that such a failure leads to the invalidity of the procedure for service. | 0 |
3,807 | 23. In order to answer that question it is necessary to take account of the purpose of that exception, which is to reconcile the requirements of the free movement of goods and the right of industrial and commercial property, by avoiding the maintenance or establishment of artificial barriers within the common market. Article 30 EC allows derogations from the fundamental principle of the free movement of goods within the common market only to the extent to which such derogations are justified for the purpose of safeguarding rights which constitute the specific subject-matter of such property (see, inter alia, Case C-10/89 Hag GF [1990] ECR I-3711, paragraph 12, Case C-61/97 FDV [1998] ECR I-5171, paragraph 13, and Commission v France , paragraph 37). | 37. In order to meet the objective of developing effective competition, the Directive seeks to organise the award of contracts in such a way that the contracting authority is able to compare the different tenders and to accept the most advantageous on the basis of objective criteria ( Fracasso and Leitschutz , cited above, paragraph 31). | 0 |
3,808 | 27
It accordingly follows from the Court’s case-law that, first, exceptions to that freedom must be interpreted strictly (see, to that effect, judgments of 21 June 1974, Reyners, 2/74, EU:C:1974:68, paragraphs 43 to 55, and of 1 February 2017, Commission v Hungary, C‑392/15, EU:C:2017:73, paragraph 106 and the case-law cited), second, while the provisions of the Treaty relating to that freedom are aimed at ensuring the benefit of national treatment in the host Member State, they also prohibit the Member State of origin from hindering the establishment in another Member State of one of its nationals or of a company incorporated in accordance with its legislation (judgments of 27 September 1988, Daily Mail and General Trust, 81/87, EU:C:1988:456, paragraph 16, and of 21 May 2015, Verder LabTec, C‑657/13, EU:C:2015:331, paragraph 33 and the case-law cited) and, third, the concept of establishment within the meaning of the Treaty is a very broad one, allowing an EU national to participate, on a stable and continuous basis, in the economic life of a Member State other than his State of origin and to profit therefrom, so contributing to economic and social interpenetration within the European Union (see, to that effect, judgment of 30 November 1995, Gebhard, C‑55/94, EU:C:1995:411, paragraph 25). | 56. It follows that, contrary to what is argued by the Czech Government, those checks are not border checks prohibited by Article 20 of Regulation No 562/2006 but checks within the territory of a Member State, covered by Article 21 of the regulation. | 0 |
3,809 | Cet article est violé lorsque l’imposition frappant le produit importé et celle frappant le produit national similaire sont
calculées de façon différente et suivant des modalités différentes aboutissant, ne fût-ce que dans certains cas, à une imposition
supérieure du produit importé (arrêts du 22 février 2001, Gomes Valente, C‑393/98, EU:C:2001:109, point 21 ; du 19 septembre
2002, Tulliasiamies et Siilin, C‑101/00, EU:C:2002:505, point 53, ainsi que du 20 septembre 2007, Commission/Grèce, C‑74/06,
EU:C:2007:534, point 25). | 50. Accordingly, the nature of the goods or services for which the conflicting marks are registered must be taken into consideration for the purposes of assessing whether there is a link between those marks. | 0 |
3,810 | 75. With regard to the substance, it is settled case-law that the conduct of a subsidiary may be imputed to the parent company in particular where, although having a separate legal personality, that subsidiary does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, having regard in particular to the economic, organisational and legal links between those two legal entities (judgments in Akzo Nobel and Others v Commission , C‑97/08 P, EU:C:2009:536, paragraph 58; Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , C‑628/10 P and C‑14/11 P, EU:C:2012:479, paragraph 43; and Areva and Others v Commission , C‑247/11 P and C‑253/11 P, EU:C:2014:257, paragraph 30). | 34 Provisions such as those at issue in the main proceedings are disadvantageous to Community nationals who have exercised their right to move and reside freely in the Member States, as guaranteed in Article 8a of the EC Treaty (now, after amendment, Article 18 EC). By transferring his residence to another Member State while continuing to work in Germany, a Community national would (under the legislation of that State) automatically lose credit for periods of child-rearing completed in the State of residence. | 0 |
3,811 | 94. In such circumstances, the Court takes account of the facts of the case in point in order to determine whether the situation to which the dispute in the main proceedings relates falls within the scope of one or other of those provisions (see, to this effect, Test Claimants in the FII Group Litigation , paragraphs 37 and 38; Case C‑284/06 Burda [2008] ECR I‑4571, paragraphs 71 and 72; and Case C‑311/08 SGI [2010] ECR I‑487, paragraphs 33 to 37). | 35. The legitimacy of such an objective cannot be denied. One of the choices facing an inventor when planning to obtain protection for his invention by the grant of a patent concerns the territorial scope of the desired protection, which will be decided after an overall assessment of the advantages and drawbacks of each option, which includes complex economic evaluations of the commercial interest of having protection in the various States compared with the sum of the costs entailed in obtaining the grant of a patent in those States, including translation costs (see, to that effect, BASF , C‑44/98, EU:C:1999:440, paragraph 18). | 0 |
3,812 | 55. As is apparent from the second paragraph of the preamble to the Framework Agreement and from paragraphs 6 and 8 of the general considerations thereto, the benefit of stable employment is viewed as a major element in the protection of workers, whereas it is only in certain circumstances that fixed-term employment contracts are liable to respond to the needs of both employers and workers (see Adeneler and Others , EU:C:2006:443, paragraph 62, and Huet , EU:C:2012:133, paragraph 35). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,813 | 19 That recital is formally reflected in Articles 3 and 4 of the directive. In paragraph 23 of its judgment in Case C-355/90 Commission v Spain [1993] ECR I-4221 (hereinafter "Santoña Marshes") the Court pointed out that the first of those provisions imposes obligations of a general character, namely the obligation to ensure a sufficient diversity and area of habitats for all the birds referred to in the directive, while the second contains specific obligations with regard to the species of birds listed in Annex I and the migratory species not listed in that annex. | 59 If examination of a Community measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component (see, to that effect, the judgment in Case C-42/97 Parliament v Council [1999] ECR I-869, paragraphs 39 and 40). | 0 |
3,814 | 58. It is settled case-law that all of the Treaty provisions on freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the European Community, and preclude measures which might place them at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (see, inter alia, Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraph 21, and Case C‑527/06 Renneberg [2008] ECR I‑7735, paragraph 43). | 54. In those circumstances, the reply to be given to Question 1(a) is that on a proper construction of Clause 8(3) of the Framework Agreement, domestic legislation such as that at issue in the main proceedings which, for reasons connected with the need to encourage employment and irrespective of the implementation of that agreement, has lowered the age above which fixed-term contracts of employment may be concluded without restrictions, is not contrary to that provision.
On the second and third questions | 0 |
3,815 | 57. In that regard, it should be borne in mind that, in view of the discretion enjoyed by Member States as regards the organisation of their own public administrations, those States can, in principle, without acting contrary to Directive 1999/70 or the framework agreement, lay down conditions for becoming career civil servants together with conditions of employment for those civil servants, in particular where those civil servants were previously employed by those authorities under fixed-term employment contracts (see, to that effect, Rosado Santana , paragraph 76). | 63. En outre, l’existence d’une violation des droits de la défense et du droit à une protection juridictionnelle effective doit être appréciée en fonction des circonstances spécifiques de chaque cas d’espèce (voir, en ce sens, arrêt du 25 octobre 2011, Solvay/Commission, C‑110/10 P, Rec. p. I‑10439, point 63), notamment de la nature de l’acte en cause, du contexte de son adoption et des règles juridiques régissant la matière concernée (voir arrêt Kadi II, point 102; voir également, en ce sens, à propos du respect du devoir de motivation, arrêts du 15 novembre 2012, Al-Aqsa/Conseil et Pays-Bas/Al-Aqsa, C‑539/10 P et C‑550/10 P, points 139 et 140, ainsi que Conseil/Bamba, C‑417/11 P, point 53). | 0 |
3,816 | 33. As a preliminary point, since the Commission alleges infringement by the Kingdom of Belgium of both Article 49 TFEU and Article 63 TFEU, it should be borne in mind that, in order to ascertain whether national legislation falls within the ambit of one or other of those fundamental freedoms, the purpose of the legislation concerned must be taken into consideration (see, in particular, Case C-157/05 Holböck [2007] ECR I-4051, paragraph 22; Case C-326/07 Commission v Italy [2009] ECR I-2291, paragraph 33, Case C-543/08 Commission v Portugal [2010] ECR I-11241, paragraph 40, and Case C-212/09 Commission v Portugal [2011] ECR I-10889, paragraph 41). | 11 THE POSITION WOULD BE DIFFERENT ONLY IF THE CHARGE IN QUESTION IS THE CONSIDERATION FOR A BENEFIT PROVIDED IN FACT FOR THE EXPORTER REPRESENTING AN AMOUNT PROPORTIONATE TO THE SAID BENEFIT OR IF IT RELATED TO A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE .
| 0 |
3,817 | null | 19 IN THE FIRST HALF OF 1969 IT PAID 6 950 MILLION LIRE, 1 169 MILLION OF WHICH RELATE TO THE THREE PREVIOUS SIX-MONTHLY PERIODS .
NEVERTHELESS AMONGST THE SUMS QUOTED AS REFUNDS PAID IN ARREARS DURING THIS SIX-MONTHLY PERIOD THERE APPEARS AN AMOUNT OF 718 800 000 LIRE WHICH PLAINLY RELATES TO THE OPTIONAL SYSTEM OF REFUNDS IN FORCE BEFORE 1 JULY 1968 RELATING TO MILK AND MILK PRODUCTS AND BEEF AND VEAL AND WHICH IS CONSEQUENTLY IRRELEVANT TO THE DISPUTE . | 0 |
3,818 | 84 The same applies, even in the absence of any express provision authorising its institutions to negotiate with non-member countries, where the Community has achieved complete harmonisation in a given area, because the common rules thus adopted could be affected within the meaning of the AETR judgment if the Member States retained freedom to negotiate with non-member countries (Opinion 1/94, paragraph 96; Opinion 2/92, paragraph 33). | 26 Regulation No 1663/95, which is the implementing regulation for Regulation No 729/70, provides, in the first subparagraph of Article 8(1), what that written communication must contain. According to that article, that communication must indicate the corrective measures to be taken to ensure future compliance with the rules concerned, must give an evaluation of any expenditure which it may propose to exclude and must make reference to Regulation No 1663/95. | 0 |
3,819 | 131. Applied to the classification of a measure as State aid, the obligation to state the reasons for a decision requires that the reasons why the Commission considers that the measure in question falls within the scope of Article 87(1) EC be stated. In that regard, according to the case-law, the Commission is not required to establish the existence of a real impact of the aid on trade between Member States and an actual distortion of competition, but only to examine whether that aid is capable of affecting such trade and distorting competition (Case C‑66/02 Italy v Commission [2005] ECR I‑10901, paragraph 111, and Joined Cases C-71/09 P, C‑73/09 P and C-76/09 P Comitato ‘Venezia vuole vivere’ and Others v Commission [2011] ECR I-0000, paragraph 134). Thus, where it is apparent from the circumstances under which an aid was granted that it is liable to affect trade between Member States and to distort or threaten to distort competition, the Commission must set out those circumstances in the statement of reasons for its decision (see inter alia, Case 57/86 Greece v Commission [1988] ECR 2855, paragraph 15; Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 52; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 98; Case C‑334/99 Germany v Commission [2003] ECR I‑1139, paragraph 59; Portugal v Commission , paragraph 89; and Case C-494/06 P Commission v Italy and Wam [2009] ECR I‑3639, paragraph 49). | 55. The German Government’s argument seeking to justify a restriction on the free movement of capital by the need to ensure the cohesion of its tax system cannot be accepted, however. | 0 |
3,820 | 51. Further, as regards the impact of Commission v EDF , it must be pointed out that that judgment was principally concerned with whether the private investor test was applicable in the circumstances of that case, which was rejected by the Commission in the decision at issue in that case, and not how that test was applied in the particular case (see Commission v EDF judgment, paragraph 75). However, in the present cases, it is undisputed that the Commission applied the private vendor test and the Province of Burgenland, the Republic of Austria and GRAWE are in actual fact challenging the General Court’s approval of the manner in which the Commission applied that test. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,821 | 7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (arrêts du 13 juin 2002, Commission/France, C‑286/01, Rec. p. I‑5463, point 13, et du 28 juin 2007, Commission/Espagne, C‑235/04, Rec. p. I‑5415, point 55). | 29. It follows that the term ‘damage’, referred to in Chapter III of the Montreal Convention, must be construed as including both material and non‑material damage. | 0 |
3,822 | 50. According to settled case-law, the right to deduct provided for in Articles 17 to 20 of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. It must be exercised immediately in respect of all the taxes charged on transactions relating to inputs (see, among others, Case C-62/93 BP Supergas [1995] ECR I‑1883, paragraph 18, and Joined Cases C-110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 43). | 8 THOSE CONDITIONS MUST BE UNDERSTOOD BY REFERENCE TO THE ACTUAL CIRCUMSTANCES OF THE AGREEMENT . | 0 |
3,823 | 27 However, in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, and Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, the Court took the view that the limitation of the effects in time of the Barber judgment concerned only those kinds of discrimination which, owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions, employers and pension schemes could reasonably have considered to be permissible (Case C-435/93 Dietz [1996] ECR I-5223, paragraph 19). | 10. Il découle par ailleurs d’une jurisprudence constante qu’un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier l’inobservation des obligations résultant du droit de l’Union (voir, notamment, arrêts du 18 juillet 2007, Commission/Allemagne, C-503/04, Rec. p. I-6153, point 38, et du 12 mars 2009, Commission/Slovénie, C-402/08, point 12). | 0 |
3,824 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | En outre, dans la mesure où les requérantes font valoir que la Commission aurait adopté une approche différente concernant
les sanctions imposées dans d’autres cas d’ententes, il suffit de rappeler, ainsi que la Cour l’a itérativement jugé, que
la pratique décisionnelle antérieure de la Commission ne sert pas de cadre juridique aux amendes en matière de concurrence
(arrêt du 10 juillet 2014, Telefónica et Telefónica de España/Commission, C‑295/12 P, EU:C:2014:2062, point 189 ainsi que
jurisprudence citée). | 0 |
3,825 | 28. Consequently, where the questions referred concern the interpretation of European Union law (‘EU law’), the Court is, in principle, bound to give a ruling (see, to that effect, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 38, and Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 24). That is not the case, where, inter alia, the problem referred to the Court is purely hypothetical or where the interpretation or consideration of the validity of a rule of EU law which is sought by the national court has no relation to the actual facts of the main action or to its purpose (see, to that effect, Joined Cases C‑92/09 and C‑93/09 Volker and Markus Schecke [2010] ECR I‑0000, paragraph 40). | 40
Il ne ressort ni des termes ni des objectifs de la directive 2009/103 que celle-ci vise à établir des règles de conflits de lois. | 0 |
3,826 | 55. As a German national, Mr Rüffler enjoys the status of a citizen of the Union established by Article 17(1) EC and may, therefore, rely if necessary on the rights conferred on those having that status, such as the rights to move freely and to reside freely laid down in Article 18(1) EC (see, to that effect, Case C‑499/06 Nerkowska [2008] ECR I‑3993, paragraph 22, and Zablocka‑Weyhermüller , paragraph 26). | À cet égard, il convient de relever que le champ d’application des exonérations figurant à l’article 132, paragraphe 1, sous
b), g) à i) et l) à n), de la directive 2006/112 est défini non seulement au regard du contenu des opérations visées, mais
également en fonction de certaines caractéristiques que doivent remplir les prestataires (arrêt Bridport and West Dorset Golf
Club, C‑495/12, EU:C:2013:861, point 36). | 0 |
3,827 | 52. The mere fact that a Member State has chosen a system of protection different from that adopted by another Member State cannot affect the appraisal as to the need for and proportionality of the provisions adopted (Case C-67/98 Zenatti [1999] ECR I-7289, paragraph 34, and Gräbner , paragraph 47). | 29. In this context, the Court has held that, in the absence of fraud or abuse and subject to adjustments which may be made in accordance with the conditions laid down in Article 185 of Directive 2006/112, the right to deduct, once it has arisen, is retained even if the economic activity envisaged does not give rise to taxed transactions (see INZO , paragraphs 20 and 21; Ghent Coal Terminal , paragraphs 19 to 23; Schloßstrasse , paragraph 42; Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 22; and Fini H , paragraph 22). | 0 |
3,828 | 18. ‘Economic activity’ is defined in Article 4(2) of the Sixth Directive as including all activities of producers, traders and persons supplying services, inter alia the exploitation of tangible or intangible property for the purpose of obtaining income therefrom on a continuing basis ( Régie dauphinoise , paragraph 15, and T-Mobile Austria and Others , paragraph 33). The latter criteria, relating to the permanent nature of the activity and the income which is obtained from it, have been treated by the case-law as applying not only to the exploitation of property, but to all of the activities referred to in Article 4(2) of the Sixth Directive. An activity is thus, generally, categorised as economic where it is permanent and is carried out in return for remuneration which is received by the person carrying out the activity (see to that effect, Commission v Netherlands , paragraphs 9 and 15). | 34. Thus, that provision states that a registered Community design is to confer on its holder the exclusive right to use it and to prevent ‘any third party’ not having his consent from using it. | 0 |
3,829 | 80 However, that cannot lead to other operators being retrospectively exonerated from the royalties in question. Persons liable to pay an obligatory contribution cannot rely on the argument that the exemption enjoyed by other persons constitutes State aid in order to avoid payment of that contribution (see, to that effect, the judgments in Case C-437/97 EKW and Wein & Co. [2000] ECR I-1157, paragraphs 51 to 53, and Case C-36/99 Idéal Tourisme v Belgian State [2000] ECR I-6049, paragraphs 26 to 29). Therefore, even in particular circumstances such as those referred to in paragraphs 77 to 79 of this judgment, in view of the classification of the measure in question as aid, claims such as those made by Banks in the main proceedings cannot be accepted. That is, however, without prejudice to any actions which British Coal's former competitors might bring, if the conditions were met, for compensation for any damage caused to them by the competitive advantage enjoyed by British Coal and the State companies which succeeded it.
Article 4(b) of the ECSC Treaty, in so far as it concerns discrimination between producers | 32. In that regard, it should be pointed out that the presence of unlawfully introduced goods in the customs territory of the Community of unlawfully introduced goods comprises, of itself, a very high risk that those goods will end up forming part of the economic networks of the Member States and that, once those goods have gone beyond the area in which the first customs office is situated inside the customs territory, there is less likelihood that the customs authorities will, fortuitously, discover those goods in the course of spot checks. | 0 |
3,830 | Constituent des restrictions à la libre prestation des services les mesures nationales qui interdisent, gênent ou rendent
moins attrayant l’exercice de cette liberté (voir, notamment, arrêts Jobra, C‑330/07, EU:C:2008:685, point 19; Tankreederei
I, C‑287/10, EU:C:2010:827, point 15, et X, C‑498/10, EU:C:2012:635, point 22). | 38 It is important to bear in mind that a consequence of the requirement at issue is that wine produced in the region, which fulfils the other conditions laid down for eligibility for the Rioja denominación de origen calificada, can no longer be bottled outside the region without being deprived of that designation. | 0 |
3,831 | 67. It must be recalled, as the Court found in paragraph 56 of its judgment in Emesa Sugar , that in 1997 Community production of beet sugar already exceeded the quantity consumed in the Community; in addition cane sugar was imported from the ACP States to cater for specific demand for that product and the Community was under an obligation to import a certain quantity of sugar from non-member countries under the WTO agreements. The Community was also required to subsidise sugar exports by granting export refunds, within the limits laid down in the WTO agreements. In those circumstances and in view of the growing increase in imports of sugar from the OCTs since 1997, the Commission was entitled to take the view that any additional quantity of sugar reaching the Community market, even if minimal compared with Community production, would have obliged the Community institutions to increase the amount of the export subsidies, within the limits mentioned above, or to reduce the quotas of European producers, which would have disturbed the common organisation of the sugar market, the balance of which was already precarious, and would have been contrary to the objectives of the common agricultural policy. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,832 | 63 In addition, as a result of the judgment in Case 50/85 Schloh [1986] ECR 1855 (paragraphs 13 to 16), which concerns the free movement of goods, the fact that a vehicle has been used on the public highway since the last roadworthiness test may make it justifiable, at the time when it is registered in another Member State, to verify for purposes of protecting the health and life of humans that it has not been in an accident and is in a good state of repair, provided a similar inspection is required of vehicles of national origin presented for registration in the same circumstances. | 43. À cet égard, il convient de rappeler que, aux fins de définir le champ d’application des directives en matière de marchés publics, la Cour a consacré une interprétation extensive de la notion de marché public qui englobe les accords-cadres. Selon la Cour, un accord-cadre doit être considéré comme un «marché public» au sens de la directive concernée, dans la mesure où il confère une unité aux divers marchés spécifiques qu’il régit (voir, en ce sens, arrêt du 4 mai 1995, Commission/Grèce, C-79/94, Rec. p. I-1071, point 15). | 0 |
3,833 | 90 According to the settled case-law of the Court, in order to determine whether an agreement is to be considered to be prohibited by reason of the distortion of competition which is its effect, the competition in question should be assessed within the actual context in which it would occur in the absence of the agreement in dispute (see, in particular, Case 56/65 Société Technique Minière [1966] ECR 337 and Case 31/80 L'Oréal v De Nieuwe AMCK [1980] ECR 3775, paragraph 19). | 24. Article 7 of Directive 2003/88 is not, furthermore, one of the provisions from which the directive expressly allows derogation. | 0 |
3,834 | 46. According to settled case-law, the obligation of the General Court to state reasons, pursuant to the first sentence of Article 36 and the first paragraph of Article 53 of the Statute of the Court of Justice of the European Union, does not require the General Court to provide an account that follows exhaustively and point by point all the reasoning articulated by the parties to the case. The reasons may therefore be implicit, provided that they enable the person affected by a decision of the General Court to acquaint himself with the reasons for that decision and the Court of Justice to have sufficient information in order to exercise its power of review (see, in particular, judgment of 22 May 2008 in Case C-266/06 P Evonik Degussa v Commission , paragraph 103 and 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 |
3,835 | 23. It is true that only in its reply did the Commission for the first time rely on Article 15(1) of the LQP and the right laid down in that provision. However, it is clear from the documents before the Court that, contrary to the contention of the Portuguese Republic, the Commission did not take the view, in its reply, that the Portuguese State had a fresh special power, but made reference as a supplementary argument to show the merits of its complaint, to another right enjoyed by the Portuguese State. Consequently, the fact that the Commission set out in detail a complaint which it had already made more generally in the application did not alter the subject-matter of the alleged infringement, and has thus had no effect on the scope of the proceedings (see Case C‑185/00 Commission v Finland [2003] ECR I‑14189, paragraphs 84 to 87, and Case C‑171/08 Commission v Portugal [2010] ECR I‑0000, paragraph 29). | 36. As the Advocate General observed in point 52 of his Opinion, to exclude all State liability in such circumstances on the ground that the infringement of Community law arises from an interpretation of provisions of law made by a court would be tantamount to rendering meaningless the principle laid down by the Court in the Köbler judgment. That remark is even more apposite in the case of courts adjudicating at last instance, which are responsible, at national level, for ensuring that rules of law are given a uniform interpretation. | 0 |
3,836 | 41. The interpretation referred to in the preceding paragraph is merely the expression of the more general principle of respect for acquired rights, set out in the judgment in Case C-237/91 Kus [1992] ECR I‑6781, paragraphs 21 and 22, a principle according to which, where the Turkish national may legitimately rely on rights pursuant to a provision of Decision No 1/80, those rights are no longer dependent on the continuing existence of the circumstances which gave rise to them, as no condition of that nature is laid down by that decision. In the Kus case, the circumstance in question was, as a matter of fact, a marriage which had allowed the Turkish national concerned to enter the territory of the host Member State and was followed by a divorce which took place at a time when the person concerned had already acquired rights, in that case under Article 6(1) of Decision No 1/80. It should be noted that, by means of paragraph 22 of the judgment in Case C‑355/93 Eroglu [1994] ECR I‑5113, that same principle was made applicable in the context of Article 7 of Decision No 1/80 (see, to the same effect, inter alia, Ergat , paragraph 40; Aydinli , paragraph 26; Derin , paragraph 50; and Altun , paragraphs 42 and 43). | 56. S’agissant, d’abord, des difficultés liées au respect des paramètres en matière d’environnement, il y a lieu de rappeler qu’il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre interne pour justifier le non-respect des obligations résultant du droit communautaire (arrêt du 10 juillet 1990, Commission/Allemagne, C-217/88, Rec. p. I‑2879, point 26), ni de situations internes, telles que des difficultés d’application apparues au stade de l’exécution d’un acte communautaire, pour justifier le non-respect des obligations et délais résultant des normes de droit communautaire (arrêt du 8 mai 2008, Commission/Portugal, C‑233/07, point 33). | 0 |
3,837 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 40. It is admittedly true that, in paragraph 46 of its judgment in Trojani , the Court held in essence that, provided that a Union citizen is in possession of a permit for residence in a Member State, he may rely on Article 18 TFEU in order to be granted a social security benefit under the same conditions as nationals of that Member State. | 0 |
3,838 | 26. In that regard, it must be recalled, first, that Article 3(1) of Directive 80/987 requires Member States to take the measures necessary to ensure that guarantee institutions guarantee, subject to Article 4 of that directive, payment of employees’ outstanding claims resulting from contracts of employment or employment relationships and relating to pay for the period prior to a given date (Case C-201/01 Walcher [2003] ECR I-8827, paragraph 31). | 47
Services normally provided for remuneration are services that may be classified as ‘economic activities’. The essential characteristic of remuneration lies in the fact that it constitutes consideration for the service in question (see, by analogy, judgment of 11 September 2007, Schwarz and Gootjes-Schwarz, C‑76/05, EU:C:2007:492, paragraphs 37 and 38 and the case-law cited). | 0 |
3,839 | 10. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15 et jurisprudence citée). | 32. Those financial services are, therefore, not covered by the wording of the Directive and, in the light of its precise and exhaustive character, there is nothing to support an interpretation that the Directive extends to situations which do not in fact fall within its scope. | 0 |
3,840 | 56. According to settled case-law of the Court, the right to deduct is a fundamental principle of the common system of VAT, which in principle may not be limited, and is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, to that effect, inter alia, judgments in Gabalfrisa and Others , C‑110/98 to C‑147/98, EU:C:2000:145, paragraph 43, and in Idexx Laboratories Italia , C‑590/13, EU:C:2014:2429, paragraphs 30 and 31). | 8 THOSE CONDITIONS MUST BE UNDERSTOOD BY REFERENCE TO THE ACTUAL CIRCUMSTANCES OF THE AGREEMENT . | 0 |
3,841 | 29. Thus, in accordance with Article 221(1) of the Customs Code, the communication of the amount of duty to be recovered must have been preceded by the entry in the accounts of that amount by the customs authorities of the Member State concerned and, if it has not been entered in the accounts in accordance with Article 217(1) of the Customs Code, that amount may not be recovered by those authorities, which however remain entitled to proceed with a new communication of that amount, in accordance with the conditions laid down by Article 221(1) of the Customs Code and the limitation rules in force at the time the customs debt was incurred (see, inter alia, the order of 9 July 2008 Case C‑477/07 Gerlach & Co. , paragraph 30, and Direct Parcel Distribution Belgium , paragraph 39). | 33 As the Court stated in paragraphs 16 and 17 of its judgment in Case C-127/92 Enderby [1993] ECR I-5535, a situation may only reveal a prima facie case of indirect discrimination if the statistics describing that situation are valid, that is to say, if they cover enough individuals, do not illustrate purely fortuitous or short-term phenomena, and appear, in general, to be significant. | 0 |
3,842 | 48. In the present case, it cannot be excluded that the acquisition of services intended to promote the location of private undertakings on the territory of a particular local authority may, for the reasons referred to in paragraph 45 above, be regarded as meeting a need in the general interest whose character is not industrial or commercial. In assessing whether or not such a need in the general interest is present, account must be taken of all the relevant legal and factual elements, such as the circumstances prevailing at the time when the body concerned was established and the conditions under which it exercises its activity (see, to that effect, Adolf Truley , paragraph 66). | 28. Article 4 of the Sixth Directive gives a very wide scope to VAT (see Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 7, and Case C‑186/89 van Tiem [1990] ECR I-4363, paragraph 17). | 0 |
3,843 | 15 The Court observes first of all that, as it held in paragraph 15 of its judgment of 26 October 1999 in Case C-273/97 Sirdar [1999] ECR I-0000, it is for the Member States, which have to adopt appropriate measures to ensure their internal and external security, to take decisions on the organisation of their armed forces. It does not follow, however, that such decisions are bound to fall entirely outside the scope of Community law. | 64. In that regard, contrary to the submission of O2 and O2 (UK), the referring court was right to limit its analysis to the context in which the sign similar to the bubbles trade marks was used by H3G, for the purpose of assessing the existence of a likelihood of confusion. | 0 |
3,844 | 42
The Court has held that the fundamental principle of the neutrality of VAT requires deduction of input VAT to be allowed if the substantive requirements are satisfied, even if the taxable persons have failed to comply with some formal conditions. Consequently, where the tax authorities have the information necessary to establish that the substantive requirements have been satisfied, they cannot, in relation to the right of the taxable person to deduct that tax, impose additional conditions which may have the effect of rendering that right ineffective for practical purposes (see, to that effect, judgments of 21 October 2010, Nidera Handelscompagnie, C‑385/09, EU:C:2010:627, paragraph 42; of 1 March 2012, Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz, C‑280/10, EU:C:2012:107, paragraph 43, and of 9 July 2015, Salomie and Oltean, C‑183/14, EU:C:2015:454, paragraphs 58 and 59 and the case-law cited). | 31 Consideration of the national legal context reveals that Article 4(3) of Law No 236 provides expressly for retention of the rights acquired by foreign-language assistants during former employment relationships. However, an evaluation of the contractual and administrative practices operated by certain public Italian universities leads to the conclusion that discriminatory situations exist. | 0 |
3,845 | 39 In this regard, when applying domestic law the national court must, as far as is at all possible, interpret it in a way which accords with the requirements of Community law (Van Munster, paragraph 34, and, to the same effect, Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8). | 39 It also follows that, where the signs or indications concerned have become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services covered by the mark, it is of little consequence that they are used as advertising slogans, indications of quality or incitements to purchase those goods or services. | 0 |
3,846 | 40. It should be borne in mind that the first paragraph of Article 118 TFEU enables the EU legislature to establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union. That provision, inserted into the FEU Treaty by the Treaty of Lisbon, specifically refers to the establishment and functioning of the internal market, which falls within an area where the European Union has shared competence under Article 4 TFEU (see, to that effect, judgment in Spain and Italy v Council , C‑274/11 and C‑295/11, EU:C:2013:240, paragraphs 16 to 26). | 106. As regards the third condition for State liability for an infringement of EU law, it is for the referring court to establish whether — as the documents before the Court appear to suggest — there is a direct causal link between that infringement and the damage that the applicants in the main proceedings may have suffered. | 0 |
3,847 | 51. The various grounds for refusing registration in Article 3 of the Directive must therefore be interpreted in the light of the public interest underlying each of them (Case C-299/99 Philips [2002] ECR I-5475, paragraph 77). | 54. In those circumstances, there is no need to reply to the third question. | 0 |
3,848 | 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). | 105 Solely as a result of the date of adoption of the PVC II decision, the duration of the infringement found to have been committed was extended by five and a half years as compared with the infringement established as at the date of adoption of the PVC I decision. | 0 |
3,849 | Il convient de rappeler que, aux points 50, 52 et 58 de l’arrêt du 16 mai 2002, France/Commission (C‑482/99, EU:C:2002:294), la Cour a estimé que l’imputabilité à l’État des mesures prises par les entreprises publiques ne pouvait être déduite exclusivement du critère organique. Elle a jugé que, même si l’État est en mesure de contrôler une entreprise publique et d’exercer une influence déterminante sur les opérations de celle-ci, l’exercice effectif de ce contrôle ne saurait être automatiquement présumé. La Cour a estimé qu’il est encore nécessaire d’examiner si les autorités publiques devaient être considérées comme ayant été impliquées, d’une manière ou d’une autre, dans l’adoption de ces mesures (arrêts du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, points 50 à 52, et du 17 septembre 2014, Commerz Nederland, C‑242/13, EU:C:2014:2224, point 31). | 29. As regards Article 10a of Directive 2001/83, it should be noted in the first place that the procedure governed by that provision does not provide for any relaxation of the requirements of safety and efficacy which must be met by medicinal products, that procedure being simply designed to reduce the preparation period for a MA application by relieving the applicant of the obligation to perform the preclinical tests and clinical trials referred to in Article 8(3)(i) of Directive 2001/83, provided that it is established by means of appropriate scientific literature, in accordance with the requirements laid down in Section 1 of Part II of Annex I to the directive, that those tests and trials have been carried out previously and have demonstrated that the constituent or constituents of the medicinal product concerned satisfy the criteria set out in Article 10a (see, with regard to the comparable provision in Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (OJ English Special Edition 1965-1966, p. 20), as amended by Council Directive 87/21/EEC of 22 December 1986 (OJ 1987 L 15, p. 36), judgment in Scotia Pharmaceuticals , C‑440/93, EU:C:1995:307, paragraph 17). Accordingly, as observed by the Advocate General at point 39 of his Opinion, such a medicinal product may be placed on the market only after the competent authority has verified its safety and efficacy. | 0 |
3,850 | 29. In order to answer that question, it is to be stressed that free movement of services in the transport sector is not governed by Article 56 TFEU, which concerns freedom to provide services in general, but by a specific provision, namely Article 58(1) TFEU, according to which ‘[f]reedom to provide services in the field of transport shall be governed by the provisions of the Title relating to transport’ (see, to that effect, Case 4/88 Lambregts Transportbedrijf [1989] ECR 2583, paragraph 9). | 13 By virtue of that amendment, that subheading of the Combined Nomenclature covers both sound cards as such and sound cards which form part of a kit.
The dispute in the main proceedings | 0 |
3,851 | 22. However, a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system (see, inter alia, CPP , paragraph 29; Aktiebolaget NN , paragraph 22; and Case C‑242/08 Swiss Re Germany Holding [2009] ECR I‑10099, paragraph 51). | 44. However, in the present case, the appellant’s appeal seeks not to have the judgment under appeal set aside, even in part, that is to say the operative part thereof (see, to that effect, Case C‑263/09 P Edwin v OHIM [2011] ECR I‑5853, paragraphs 83 to 85, and the judgment of 21 December 2011 in Case C‑329/09 P Iride v Commission , paragraph 48), but merely the amendment of some of the grounds of that judgment, as the appellant itself acknowledges in its appeal. | 0 |
3,852 | 54. Aid of a relatively small amount is liable to affect competition and trade between Member States where there is strong competition in the sector in which the undertakings which receive it operate (see Case 259/85 France v Commission [1987] ECR 4393, paragraph 24; Case C-303/88 Italy v Commission [1991] ECR I‑1433, paragraph 27, and Case C‑351/98 Spain v Commission [2002] ECR I‑8031, paragraph 63). | 77. Consequently, the answer to the second question is that the principle of fiscal neutrality precludes a penalty consisting in a refusal of the right to deduct if VAT is accounted for belatedly, but does not preclude the payment of default interest, provided that that penalty complies with the principle of proportionality, which it is for the national court to determine.
Costs | 0 |
3,853 | 35 Second, for a prior administrative authorisation scheme to be justified, it must also be demonstrated that such a scheme is necessary in order to be able to impose public service obligations and that it is proportionate to the aim pursued, inasmuch as the same objective could not be attained by measures less restrictive of the freedom to provide services, in particular a system of declarations ex post facto (see, to that effect, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera [1995] ECR I-4821, paragraphs 23 to 28). | 4. Article 4 of the Copyright Treaty, ‘Computer programs’, reads as follows:
‘Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression.’ | 0 |
3,854 | 53
However, an alleged failure to have regard to the rules of evidence is a question of law, which is admissible in an appeal (judgment of 10 July 2008, Bertelsmann and Sony Corporation of America v Impala, C‑413/06 P, EU:C:2008:392, paragraph 44). | 54. As regards the possibility for a consumer protection association to rely on Article 47 of the Charter, it must be pointed out that the refusal to grant the association leave to intervene in proceedings involving a consumer does not affect its right to an effective judicial remedy to protect its rights as an association of that kind, including its rights to collective action as recognised by Article 7(2) of Directive 93/13. | 0 |
3,855 | 20. The existence of a likelihood of confusion on the part of the public must be assessed globally, account being taken of all factors relevant to the circumstances of the case (see, to that effect, Case C‑251/95 SABEL EU:C:1997:528, paragraph 22; OHIM v Shaker EU:C:2007:333, paragraph 34; and Nestlé v OHIM EU:C:2007:539, paragraph 33). | 34. Moreover, the existence of a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see SABEL, paragraph 22; Lloyd Schuchfabrik Meyer , paragraph 18; Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 40; order in Matratzen v OHIM, paragraph 28; Medion , paragraph 27; and Case C-206/04 P Mülhens v OHIM [2006] ECR I-2717, paragraph 18). | 1 |
3,856 | 34. It is necessary to point out, in this regard, that the regulation, as is apparent from recital 2 in the preamble thereto, has, admittedly, the objective of improving and expediting the transmission of judicial documents between Member States (see, in this sense, Case C-14/07 Weiss und Partner [2008] ECR I-3367, paragraph 46, and Roda Golf & Beach Resort , paragraph 54). | 46. As is apparent from recital 2 of the preamble, the objectives of Regulation No 1348/2000 are to improve and expedite the transmission of documents. Those objectives are reiterated in recitals 6 to 8. Recital 8 thus states that ‘[t]o secure the effectiveness of this Regulation, the possibility of refusing service of documents is confined to exceptional situations’. In addition, Article 4(1) of that regulation provides that judicial documents are to be transmitted as soon as possible. | 1 |
3,857 | 21. Consequently, the Court has held that Directive 89/391 must necessarily be broad in scope, with the result that the exceptions to that scope, provided for in the first subparagraph of Article 2(2), must be interpreted restrictively (see, to that effect, inter alia, Case C‑303/98 Simap [2000] ECR I‑7963, paragraphs 34 and 35, and Judgment of 12 January 2006 in Case C‑132/94 Commission v Spain , paragraph 22). Those exceptions were adopted purely for the purpose of ensuring the proper operation of services essential for the protection of public health, safety and order in cases the gravity and scale of which are exceptional (Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraph 55, and order in Case C‑519/09 May [2011] ECR I‑2761, paragraph 19). | 79. Moreover, as the Commission rightly pointed out, the above interpretation is the only one consistent with the aim and broad logic of Decision No 1/80, which is intended to secure progressively freedom of movement for workers and to promote the integration in the host Member State of Turkish workers who satisfy the conditions laid down in that decision and thus enjoy the rights conferred on them by it (see Kurz , paragraphs 40 and 45). Granting Turkish workers legally employed in the territory of a Member State entitlement to the same conditions of work as those enjoyed by workers who are nationals of the Member States is an important step towards creating an appropriate framework for the gradual integration of migrant Turkish workers. | 0 |
3,858 | 27 According to the settled case-law of the Court, which has interpreted the concept of similarity widely, in order to determine whether products are similar it is necessary to consider whether they have similar characteristics and meet the same needs from the point of view of consumers, the test being not whether they are strictly identical but whether their use is similar and comparable. As regards, more particularly, the question whether fruit wines are similar to grape wines, the Court has stated that it is necessary to consider objective characteristics of both categories of beverage, such as their origin, their method of manufacture and their organoleptic properties, in particular taste and alcohol content, and, secondly, to consider whether or not both categories of beverage are capable of meeting the same needs from the point of view of consumers (see the judgment in Case 106/84 Commission v Denmark [1986] ECR 833, paragraph 12). | 74. It is only at that stage that the ecological advantages which led the Community legislature to accord a degree of preference to this form of waste recovery are fully achieved, namely a reduction in the consumption of energy and of primary raw materials (see the 11th recital in the preamble to Directive 94/62). | 0 |
3,859 | 54 First, it is settled case-law that the rights conferred on Turkish workers by Article 6(1) of Decision No 1/80 are accorded irrespective of whether or not the authorities of the host Member State have issued a specific administrative document, such as a work permit or residence permit (see, to that effect, Bozkurt, paragraphs 29 and 30, Günaydin, paragraph 49, Ertanir, paragraph 55, and Birden, paragraph 65). | 24. Dans ces conditions, il y a lieu de vérifier si, comme le soutient SGL, le Tribunal était tenu de considérer le grief en cause comme un simple développement de l’argumentation présentée dans la requête introductive d’instance. | 0 |
3,860 | 17 On the basis of those various provisions, the levy of the additional amount was introduced by Regulation No 3249/80 as a protective measure. Whilst that measure was not among those expressly envisaged by Regulation No 521/77, it has nevertheless been recognized as lawful by the Court (see the judgment in Case 345/82 Wuensche Handelsgesellschaft v Federal Republic of Germany [1984] ECR 1995, paragraph 24). | 58. Accordingly, by determining the basic pay on the basis of the pay previously received by established civil servants, which depended on seniority, the scheme put in place by the Law establishing the Land Berlin transitional system perpetuated a discriminatory situation whereby some civil servants receive lower pay than other civil servants, even though they are in comparable situations, solely on account of their age at the time of appointment (see, by analogy, Hennigs and Mai , EU:C:2011:560, paragraph 84). | 0 |
3,861 | 75. It should also be noted that Article 107(1) TFEU does not distinguish between measures of State intervention by reference to their causes or their aims but defines such measures in relation to their effects, and thus independently of the techniques used (judgments in British Aggregates v Commission , C‑487/06 P, EU:C:2008:757, paragraphs 85 and 89, and Commission and Spain v Government of Gibraltar and United Kingdom , C‑106/09 P and C‑107/09 P, EU:C:2011:732, paragraph 87). | 89. The Court of First Instance also erred in distinguishing, in paragraphs 120 and 121 of the judgment under appeal, the present case from the facts which gave rise to the judgment in Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke on the ground that the latter concerned, not the definition of the material scope of an environmental levy, as in the present case, but the partial exemption from payment of such a levy which was granted to a certain category of undertakings. Article 87(1) EC defines State interventions on the basis of their effects, and thus independently of the techniques used. | 1 |
3,862 | 23 It is important to note that the wording of Article 13B(d)(5) of the Sixth Directive does not in principle preclude a transaction in securities from being broken down into a number of separate services which may together amount to a transaction in securities within the meaning of that provision and which may benefit from the exemption laid down therein (see, to that effect, with regard to transactions concerning transfers, within the meaning of Article 13B(d)(3) of the Sixth Directive, paragraph 64 of the judgment in SDC). | 78. In such a situation, the information displayed on the packaging, labels and in advertising containing that claim or indication may mislead the consumer as to the sodium content of the mineral waters at issue in the main proceedings. | 0 |
3,863 | 41. 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; PreussenElektra , paragraph 39; and Rüffler , paragraph 37). | 6 IT IS ONLY IF THESE POSSIBILITIES ARE SEEN TO BE INADEQUATE THAT THE PROCEDURE FOR COMPETITIONS ON THE BASIS EITHER OF QUALIFICATIONS OR OF TESTS OR OF BOTH QUALIFICATIONS AND TESTS MAY BE FOLLOWED . | 0 |
3,864 | 38. Consequently, the restriction at issue in the present case can be justified only provided that the objectives pursued by the Spanish legislature fall within the category of public policy, public security or public health grounds for the purposes of Article 46(1) EC and that it is in conformity with the principle of proportionality. In that regard, it should be added that national legislation is appropriate for ensuring attainment of the objective pursued only if it genuinely reflects a concern to attain it in a consistent and systematic manner (Case C‑169/07 Hartlauer [2009] ECR I‑0000, paragraph 55, and Liga Portuguesa de Futebol Profissional and Bwin International , paragraph 61). | 97. Secondly, since the Court delivered its judgment in Budĕjovický Budvar , the Czech Republic has acceded to the European Union. | 0 |
3,865 | 5. In the first case, the Commission submits that, by restricting the right to register a vessel in the French register and to fly the French flag to vessels more than half of the shares in which are owned by natural persons of French nationality, the French Republic is maintaining in force legislative provisions which discriminate on grounds of nationality, contrary to Article 6, and constitute a restriction on freedom of establishment, contrary to Article 52, of the Treaty. It refers to Case C-221/89 The Queen v Secretary of State for Transport ex parte Factortame and Others [1991] ECR I-3905, paragraph 30, to Case C-246/89 Commission v United Kingdom [1991] ECR I-4585, and to Case C-93/89 Commission v Ireland [1991] ECR I-4569. | 38. In that regard, the Court acknowledges that the guarantee of a service of general interest, such as universal postal service, may constitute an overriding reason in the general interest capable of justifying an obstacle to the free movement of capital (see, by analogy, Joined Cases C‑388/00 and C‑429/00 Radiosistemi [2002] ECR I-5845, paragraph 44). | 0 |
3,866 | 27
At the outset, it should be pointed out that the scope of Article 109(1)(a) of Regulation No 207/2009 cannot be determined on the basis of an exclusively textual interpretation due to the differences between the various language versions of that provision (see, to that effect, judgment of 15 March 2017, Al Chodor, C‑528/15, EU:C:2017:213, paragraph 32 and the case-law cited). | 10. D’autre part, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (voir, notamment, arrêt du 9 septembre 2004, Commission/Espagne, C‑195/02, Rec. p. I‑7857, point 82). | 0 |
3,867 | 39 As regards the scope of the principle of non-discrimination on grounds of nationality embodied in Article 3(1) of Decision No 3/80, it must be borne in mind that, according to settled case-law, the rule of equal treatment prohibits not only overt discrimination based on nationality but also all covert forms of discrimination which, by applying other distinguishing criteria, achieve in practice the same result (Case C-190/98 Volker Graf v Filzmoser Maschinenbau [2000] ECR I-0000, paragraph 14). | 52. En effet, l’obligation de motiver les arrêts, qui incombe au Tribunal en vertu des articles 36 et 53, premier alinéa, du statut de la Cour, n’impose pas à celui-ci de fournir un exposé qui suivrait exhaustivement et un par un tous les raisonnements articulés par les parties au litige. La motivation peut donc être implicite, à condition qu’elle permette aux intéressés de connaître les raisons sur lesquelles se fonde l’arrêt attaqué et à la Cour de disposer des éléments suffisants pour exercer son contrôle dans le cadre d’un pourvoi (arrêt Groupe Gascogne/Commission (C‑58/12 P, EU:C:2013:770, point 37). | 0 |
3,868 | 78. It should be pointed out that, as the Advocate General rightly recalls in points 67 and 68 of his Opinion, it is settled case-law (see, for example, Case C‑122/01 P T. Port v Commission [2003] ECR I‑4261, paragraph 27) that the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and that the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. That appraisal does not therefore constitute, save where the clear sense of the evidence has been distorted, a point of law which is subject to review by the Court of Justice. | 19 ARTICLE 51 REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS BY SECURING , INTER ALIA , PAYMENT OF BENEFITS FOR PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES . THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF , AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM BY THE LAWS OF A SINGLE MEMBER STATE .
| 0 |
3,869 | 29
However, it must be recalled that it follows from settled case-law of the Court of Justice that where the grounds of a judgment of the General Court disclose an infringement of EU law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (see, in particular, judgments of 15 December 1994 in Finsider v Commission, C‑320/92 P, EU:C:1994:414, paragraph 37; 16 December 1999 in CES v E, C‑150/98 P, EU:C:1999:616, paragraph 17, and 13 July 2000 in Salzgitter v Commission, C‑210/98 P, EU:C:2000:397, paragraph 58). | 60. Il est également de jurisprudence constante que les conséquences financières qui pourraient découler pour un État membre d’un arrêt rendu à titre préjudiciel ne justifient pas, par elles-mêmes, la limitation des effets de cet arrêt dans le temps (arrêt Brzeziński, précité, point 58 et jurisprudence citée). | 0 |
3,870 | 56. Thus, in a case such as that in the main proceedings, the principle of proportionality requires, in particular, the principle of equal treatment to be reconciled as far as possible with the requirements of road safety which determine the conditions for driving motor vehicles (see, by analogy, Johnston EU:C:1986:206, paragraph 38; Sirdar EU:C:1999:523, paragraph 26; and Case C‑285/98 Kreil EU:C:2000:2, paragraph 23). | 15. En l’espèce, il est constant que les valeurs limites applicables pour les concentrations de PM 10 n’ont pas été respectées en Suède pendant les périodes et dans les zones visées par la Commission dans sa requête. | 0 |
3,871 | 14. Finally, the Court observed that the minimum period of seven days allowed for cancellation must be calculated from the time the consumer receives the notice concerning his right of cancellation from the trader. In paragraph 48 of the judgment in Heininger it held that the doorstep-selling directive precludes the national legislature from imposing a time-limit of one year from the conclusion of the contract within which the right of cancellation provided for in Article 5 of that Directive may be exercised, where the consumer has not received the information specified in Article 4.
The national legislation | 73. First, the detailed rules of public law, to which the economic and financial operation of the service is subject, facilitate the supervision of how that service is operated, and scale down the factors which may threaten transparency and distort competition. | 0 |
3,872 | 47. By thus limiting itself to referring to the application of the law in force in the Member State concerned in order to determine whether there has been an infringement of an intellectual property right, the EU legislature has not, in principle, ruled out the possibility that an authority other than a judicial authority may be designated as the authority competent to give a decision on the merits of a case. Furthermore, the Court has already held that such powers may be entrusted to an authority other than a judicial authority (see, to that effect, Joined Cases C‑446/09 and C‑495/09 Philips EU:C:2011:796, paragraph 69). | 22 The Council then replaced the words "the spouse" by "the person entitled to the family benefits or family allowances, or the person to whom they are paid". | 0 |
3,873 | 39. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by‑products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the Directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances – provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 29. It follows that, if a public authority becomes a minority shareholder in a company limited by shares with wholly public capital for the purpose of awarding the management of a public service to that company, the control that the public authorities which are members of that company exercise over it may be categorised as similar to the control they exercise over their own departments when it is exercised by those authorities jointly ( Sea , paragraph 63). | 0 |
3,874 | 26. Harmonisation at Community level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods, particularly paid annual leave, and adequate breaks (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 38, and Case C‑14/04 Dellas and Others [2005] ECR I-0000, paragraph 41). | 26. Accordingly, the fact that the legal person at issue in the main proceedings is a public undertaking responsible for a public service does not exclude it from the scope of Directive 2001/23. | 0 |
3,875 | 32 The Court held, finally, in paragraphs 11 and 13 of Merck that it was for the holder of the patent to decide, in the light of all the circumstances, under what conditions he would market his product, including the possibility of marketing it in a Member State where the law did not provide patent protection for the product in question. If he decides to do so, he must then accept the consequences of his choice as regards free movement of the product within the common market, this being a fundamental principle forming part of the legal and economic circumstances which the holder of the patent must take into account in determining how to exercise his exclusive right. Under those conditions, to permit an inventor to invoke a patent held by him in one Member State in order to prevent the importation of the product freely marketed by him in another Member State where that product was not patentable would cause a partitioning of national markets contrary to the aims of the Treaty. | 91. As regards the level of protection of fundamental rights and freedoms that is guaranteed within the European Union, EU legislation involving interference with the fundamental rights guaranteed by Articles 7 and 8 of the Charter must, according to the Court’s settled case-law, lay down clear and precise rules governing the scope and application of a measure and imposing minimum safeguards, so that the persons whose personal data is concerned have sufficient guarantees enabling their data to be effectively protected against the risk of abuse and against any unlawful access and use of that data. The need for such safeguards is all the greater where personal data is subjected to automatic processing and where there is a significant risk of unlawful access to that data (judgment in Digital Rights Ireland and Others , C‑293/12 and C‑594/12, EU:C:2014:238, paragraphs 54 and 55 and the case-law cited). | 0 |
3,876 | 76. In providing that nothing in the EU Treaty is to affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them, Article 47 EU aims, in accordance with the fifth indent of Article 2 EU and the first paragraph of Article 3 EU, to maintain and build on the acquis communautaire (Case C-91/05 Commission v Council [2008] ECR I-0000, paragraph 59). | 68. Dans la mesure où la différence de traitement alléguée par la requérante s’explique par une circonstance qui lui est propre, cette dernière ne saurait donc utilement soutenir qu’une violation du principe d’égalité de traitement a été commise à son détriment.
Sur la troisième branche du troisième moyen | 0 |
3,877 | 19. In that regard, it should be recalled that where Member States decide to introduce the exception, provided for in Article 5(2)(b) of Directive 2001/29, to the right of reproduction for copying for private use (‘the private copying exception’) into their national law, they are required, in particular, to provide, pursuant to that provision, for the payment of fair compensation to holders of the exclusive right of reproduction (judgments in Padawan , C‑467/08, EU:C:2010:620, paragraph 30, and Amazon.com International Sales and Others , C‑521/11, EU:C:2013:515, paragraph 19). | 25
It should be noted in this regard that, as is clear from that paragraph, the General Court took that finding into account in any event only for the sake of completeness in establishing the existence and nature of an overall plan showing there to be a single infringement. Indeed, that finding as to an overall plan followed, according to the General Court, from many other factors identified by the Commission in the decision at issue. | 0 |
3,878 | 36 In that regard, the second subparagraph of Article 4(2) of the Directive confers on Member States a measure of discretion to specify certain types of projects which will be subject to an assessment or to establish the criteria or thresholds applicable. However, the limits of that discretion are to be found in the obligation set out in Article 2(1) that projects likely, by virtue inter alia of their nature, size or location, to have significant effects on the environment are to be subject to an impact assessment (see Case C-72/95 Kraaijeveld and Others v Gedeputeerde Staten van Zuid-Holland [1996] ECR I-5403, paragraph 50, and Case C-301/95 Commission v Germany [1998] ECR I-6135, paragraph 45). | 29 A provision which imposes a restriction, in the matter of the provision of services, on an activity involving the exercise of a fundamental freedom such as the freedom to provide television broadcasting services must express that restriction in clear terms. | 0 |
3,879 | 87. As the Court has held, the principle of proportionality, in accordance with which measures implemented through provisions must be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it, must be complied with both by the Community legislature and by the national legislative authorities and the national courts which apply Community law (see, to that effect, Joined Cases C‑37/06 and C‑58/06 Viamex Agrar Handel and ZVK [2008] ECR I‑69, paragraph 33). In consequence, that principle must be complied with by the competent national authorities in relation to the provisions of Regulation No 1254/1999 and those concerning the IACS. | En outre, dans la mesure où les requérantes font valoir que la Commission aurait adopté une approche différente concernant
les sanctions imposées dans d’autres cas d’ententes, il suffit de rappeler, ainsi que la Cour l’a itérativement jugé, que
la pratique décisionnelle antérieure de la Commission ne sert pas de cadre juridique aux amendes en matière de concurrence
(arrêt du 10 juillet 2014, Telefónica et Telefónica de España/Commission, C‑295/12 P, EU:C:2014:2062, point 189 ainsi que
jurisprudence citée). | 0 |
3,880 | 37. It appears from the foregoing considerations that, as regards Regulation No 222/2011 and Implementing Regulation No 293/2011, since the appellants do not have the status of producers of sugar and their legal situation is not directly affected by those regulations, those regulations are not of direct concern to them within the meaning of the final limb of the fourth paragraph of Article 263 TFEU (see judgments in Glencore Grain v Commission , C-404/96 P, EU:C:1998:196, paragraph 41; Front national v Parliament , C-486/01 P, EU:C:2004:394, paragraph 34; Commission v Ente per le Ville Vesuviane and Ente per le Ville Vesuviane v Commission , C-445/07 P and C-455/07 P, EU:C:2009:529, paragraph 45; and Stichting Woonpunt and Others v Commission , C-132/12 P, EU:C:2014:100, paragraph 68). | 68. However, once a Member State, unilaterally or by a convention, imposes a charge to income tax not only on resident shareholders but also on non‑resident shareholders in respect of dividends which they receive from a resident company, the position of those non-resident shareholders becomes comparable to that of resident shareholders. | 0 |
3,881 | 115. It is also settled case‑law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (See, inter alia, Case C‑279/93 Schumacker [1995] ECR I‑225, paragraph 30; Case C‑383/05 Talotta [2007] ECR I‑0000, paragraph 18, and Case C‑182/06 Lakebrink and Peters-Lakebrink [2007] ECR I‑0000, paragraph 27). | 27. It is settled case‑law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations ( Schumacker , paragraph 30; Case C‑311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 26; and Case C‑383/05 Talotta [2007] ECR I-0000, paragraph 18). | 1 |
3,882 | 29. According to settled case-law of the Court, the choice of legal basis for a European Union measure must rest on objective factors that are amenable to judicial review; these include the aim and content of that measure (see, to that effect, Case C‑411/06 Commission v Parliament and Council EU:C:2009:518, paragraph 45 and the case-law cited, and Case C‑130/10 Parliament v Council EU:C:2012:472, paragraph 42 and the case-law cited). | 40. In that regard, it should be emphasised that that requirement does not prevent ‘reference prices’ for the supply of natural gas, such as those at issue in the main proceedings, from being applied to all customers whose consumption of natural gas is above a certain threshold rather than being limited to the circle of those, expressly referred to in Article 3(3) of Directive 2003/55, who must necessarily be protected on account of their vulnerability. | 0 |
3,883 | 34 It would be otherwise only in cases where either it appears that the procedure of Article 234 EC has been misused and been resorted to, in fact, in order to elicit a ruling from the Court in the absence of a real dispute or it is obvious that the provisions of Community law submitted for the interpretation of the Court cannot apply, either directly or indirectly, to the circumstances of the case (see, to that effect, Gmurzynska-Bscher, paragraph 23, and Case C-130/95 Giloy [1997] ECR I-4291, paragraph 22). | 56 IN THIS REGARD IT MUST BE NOTED THAT THE AIM OF THIS PROVISION OF THE DIRECTIVE IS NOT TO PREVENT THE THREAT OF MINOR DAMAGE . THE FACT THAT A CERTAIN DEGREE OF DAMAGE IS REQUIRED FOR THIS DEROGATION FROM THE GENERAL SYSTEM OF PROTECTION ACCORDS WITH THE DEGREE OF PROTECTION SOUGHT BY THE DIRECTIVE . | 0 |
3,884 | 28 In that judgment, the Court further held that, unlike the provisions of Regulations Nos 1765/92 and 805/68 which require the payment of aid in its entirety, Commission Regulation (EEC) No 1725/79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves (OJ 1979 L 199, p. 1), which was at issue in Denkavit Futtermittel, made no provision in relation to fees for inspections to be carried out by the Member States (Kellinghusen and Ketelsen, paragraph 23). The same finding must apply as regards the provisions contained in the regulations which formed the subject-matter of the questions referred for a preliminary ruling which were answered in the Bussone judgment, paragraphs 14, 15 and 21. It follows that the Denkavit Futtermittel and Bussone judgments cannot be cited as authority in this case. | 8. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 7 juin 2007, Commission/Belgique, C‑254/05, non encore publié au Recueil, point 39). | 0 |
3,885 | 21 As regards the other measures which, according to the French Government, are intended to provide the SPA with an adequate protection regime, it must be borne in mind that, according to the case-law of the Court, Article 4(1) and (2) of the Wild Birds Directive requires the Member States to provide SPAs with a legal protection regime that is capable, in particular, of ensuring both the survival and reproduction of the bird species listed in Annex I to the directive and the breeding, moulting and wintering of migratory species not listed in Annex I which are, nevertheless, regular visitors (see, to this effect, Case C-355/90 Commission v Spain [1993] ECR I-4221, at paragraphs 28 to 32). | 34 Moreover, since the market concerned is susceptible to imports, the members of a national price cartel can retain their market share only if they defend themselves against foreign competition . | 0 |
3,886 | 45. None the less, the Court has held also, in particular in paragraphs 17 to 21 of Case C-300/89 Commission v Council [1991] ECR I-2867 (‘ Titanium dioxide ’), that recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other (see, in particular, Parliament v Council , paragraph 37 and case-law cited). | 36. It follows that the Commission’s action must contain a coherent and detailed statement of the reasons which have led it to conclude that the Member State in question has failed to fulfil one of its obligations under the treaties. | 0 |
3,887 | 28. Article 2(1) of Directive 89/592 prohibits any person who, by virtue, in particular, of his membership of administrative bodies or by virtue of the exercise of his employment, profession or duties, pos sesses inside information, relating to one or more transferable securities, from taking advantage of that information by acquiring or disposing of those transferable securities (see Case C-384/02 Grøngaard and Bang [2005] ECR I-9939, paragraph 23). | 35 As regards the method to be used for comparing the pay of the workers concerned in order to determine whether the principle of equal pay is being complied with, again according to the case-law, genuine transparency permitting an effective review is assured only if that principle applies to each aspect of remuneration granted to men and women, excluding any general overall assessment of all the consideration paid to workers (see Barber, paragraphs 34 and 35). | 0 |
3,888 | 30 In Just, cited above, the Court stated at paragraph 26 that it would be compatible with the principles of Community law for courts before which claims for repayment were brought to take into consideration the damage which an importer might have suffered because the discriminatory or protective tax provisions had the effect of restricting the volume of imports from other Member States. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
3,889 | 56. The transparency of the process followed by a public authority for the adoption of a measure of that nature contributes to that authority acquiring greater legitimacy in the eyes of the persons to whom that measure is addressed and increasing their confidence in that authority (see, to that effect, the judgments in Sweden and Turco v Council , C‑39/05 P and C‑52/05 P, EU:C:2008:374, paragraph 59, and Sweden v MyTravel and Commission , C‑506/08 P, EU:C:2011:496, paragraph 113), and to ensuring that the authority is more accountable to citizens in a democratic system (see, to that effect, the judgments in Sweden and Turco v Council , C‑39/05 P and C‑52/05 P, EU:C:2008:374, paragraph 45; Council v Access Info Europe , C‑280/11 P, EU:C:2013:671, paragraph 32; and Council v in 't Veld , C‑350/12 P, EU:C:2014:2039, paragraphs 53, 106 and 107). | 33 That conclusion necessarily extends to the specific aspects referred to in the questions submitted, namely the conversion of part of the periodic pension into a capital sum and the transfer of pension rights, the value of which can be determined only by reference to the funding arrangements chosen. | 0 |
3,890 | 45. By contrast, concerning the warehousekeeper such as in the present case TOP Logistics, it must be held that its provision of a warehouse service for goods bearing another’s trade mark does not constitute use of a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered. Inasmuch as such a service provider permits such use by its customers, its role cannot be assessed under Directive 89/104 but must be examined, if necessary, from the point of view of other rules of law (see, by analogy, judgment in Frisdranken Industrie Winters , C‑119/10, EU:C:2011:837, paragraphs 28 to 35). | 22 It is clear from the second paragraph of Article 52 of the Treaty that freedom of establishment includes the right to set up and manage undertakings, in particular companies or firms, in a Member State by a national of another Member State. So, a national of a Member State who has a holding in the capital of a company established in another Member State which gives him definite influence over the company's decisions and allows him to determine its activities is exercising his right of establishment. | 0 |
3,891 | 52. In that regard, materials such as those at issue in the main proceedings are not reused definitely and without prior processing as an integral part of the same process of production or use, but are substances or objects whose holders discarded them. According to Mr Niselli’s evidence, the contentious materials were then sorted, and sometimes treated, and they constitute a secondary raw material to be used in steelmaking. In such a context, they must however continue to be classified as ‘waste’ until they have actually been recycled into steel products, that is to say, until the constitution of the finished products derived from the reprocessing for which they are intended. In the earlier phases, they cannot yet be regarded as recycled, since the reprocessing has not been concluded. Conversely, subject to the case where the products obtained are in their turn abandoned, the point at which the materials in question cease to be classified as ‘waste’ cannot be fixed at an industrial or commercial stage subsequent to their reprocessing into steel products, because, from that point, they can hardly be distinguished from other steel products made from primary raw materials (see, for the particular case of recycled packaging waste, Case C‑444/00 Mayer Parry Recycling [2003] ECR I‑6163, paragraphs 61 to 75). | 29
First, it must be ascertained whether the situations at issue are objectively comparable. For that purpose, it must be recalled that the comparability of a cross-border situation with an internal situation must be examined having regard to the aim pursued by the national provisions at issue (judgment of 6 October 2015, Finanzamt Linz, C‑66/14, EU:C:2015:661, paragraph 31 and the case-law cited). | 0 |
3,892 | 65. Lastly, it must be pointed out that the interpretation given in the preceding paragraph is not incompatible with the requirements of Article 59 of the Additional Protocol signed on 23 November 1970. On similar grounds to those set out by the Court in paragraphs 62 to 67 of its judgment in Case C-325/05 Derin [2007] ECR I-6495, in paragraph 21 of its judgment in Case C‑349/06 Polat [2007] ECR I-8167, and in paragraph 45 of its judgment in Bozkurt , the situation of a member of the family of a Turkish migrant worker cannot usefully be compared to that of a member of the family of a national of a Member State, having regard to the significant differences between their respective legal situations (see, to that effect, Case C‑462/08 Bekleyen [2010] ECR I‑0000, paragraphs 37, 38 and 43). | 44. In that regard, it must be noted that, as the Court held in Case C‑349/07 Sopropé [2008] ECR I‑10369, point 36, observance of the rights of the defence is a general principle of Community law which applies where the authorities are minded to adopt a measure which will adversely affect an individual. | 0 |
3,893 | 28. As regards the rules on jurisdiction in cross-border disputes concerning maintenance obligations, the Court has stated, in the context of Article 5(2) of the Brussels Convention, that the derogation relating to the rules on jurisdiction in matters relating to maintenance obligations is intended to offer special protection to the maintenance creditor, who is regarded as the weaker party in such proceedings (see, to that effect, judgments in Farrell , C‑295/95, EU:C:1997:168, paragraph 19, and Blijdenstein , C‑433/01, EU:C:2004:21, paragraphs 29 and 30). The rules on jurisdiction provided for in Regulation No 4/2009, like the rule set out in Article 5(2) of the Brussels Convention, are intended to ensure proximity between the creditor and the competent court, as indeed the Advocate General has observed at point 49 of his Opinion. | 75. Second, registration of a sign as a trade mark is always applied for in respect of the goods or services mentioned in the application for registration. Accordingly, a trade mark's distinctiveness must be assessed by reference, first, to the goods or services in respect of which registration is sought, and, second, by reference to the relevant public's perception of that mark. | 0 |
3,894 | 27. The Court has consistently held that Article 1(2) of Directive 91/439 provides for mutual recognition, without any formality, of driving licences issued by Member States. That provision imposes on Member States a clear and precise obligation, which leaves no room for discretion as to the measures to be adopted in order to comply with it (see, to that effect, Case C‑230/97 Awoyemi [1998] ECR I‑6781, paragraphs 41 and 42; Kapper , paragraph 45; Wiedemann and Funk , paragraph 50; and Zerche and Others , paragraph 47). | 28. À cet égard, il convient de rappeler que, conformément à une jurisprudence constante, dans le cadre d’une procédure en manquement, il incombe à la Commission d’établir l’existence du manquement allégué et d’apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans que la Commission puisse se fonder sur une présomption q uelconque (voir, notamment, arrêts du 12 mai 2005, Commission/Belgique, C‑287/03, Rec. p. I‑3761, point 27, et du 6 octobre 2009, Commission/Suède, C‑438/07, non encore publié au Recueil, point 49). | 0 |
3,895 | 83. The duration of that reasonable waiting period must be determined by the court having regard above all to the interests of the child. The fact that a child is very young is one criterion to be taken into consideration in that regard (see, to that effect, Case C‑195/08 PPU Rinau [2008] ECR I‑5271, paragraph 81). | Italmobiliare soutient, en substance, que le Tribunal a commis une erreur de droit en estimant que le moyen tiré du défaut
de motivation de la décision litigieuse n’était pas fondé et devait être rejeté. Il s’agit d’une question de droit soumise
au contrôle de la Cour dans le cadre d’un pourvoi (voir arrêt Commission/Salzgitter, C‑408/04 P, EU:C:2008:236, point 55 et
jurisprudence citée). | 0 |
3,896 | 78
As the wording of the last-mentioned provision indicates, it permits the lawful detention of a person against whom action is being taken with a view to deportation or extradition. In this regard, although the European Court of Human Rights held in the judgment in Nabil and Others v. Hungary (§ 29) that a deprivation of liberty based on Article 5(1)(f) ECHR will be justified only for as long as deportation or extradition proceedings are in progress and that if such proceedings are not prosecuted with due diligence, the detention will cease to be permissible under that provision, that judgment does not exclude the possibility of a Member State ordering — in such a way that the guarantees provided for by that provision are observed — the detention of a third-country national in respect of whom a return decision accompanied by an entry ban was adopted prior to the lodging of an application for international protection. | 79. Moreover, as the Commission rightly pointed out, the above interpretation is the only one consistent with the aim and broad logic of Decision No 1/80, which is intended to secure progressively freedom of movement for workers and to promote the integration in the host Member State of Turkish workers who satisfy the conditions laid down in that decision and thus enjoy the rights conferred on them by it (see Kurz , paragraphs 40 and 45). Granting Turkish workers legally employed in the territory of a Member State entitlement to the same conditions of work as those enjoyed by workers who are nationals of the Member States is an important step towards creating an appropriate framework for the gradual integration of migrant Turkish workers. | 0 |
3,897 | 122. In that regard, it should be observed that considerations such as those set out by the Court of First Instance at paragraphs 56 to 64 of the judgment in HFB and Others v Commission , which seek to establish the existence of an economic unit, are based on a series of findings of fact which are not amenable to discussion on appeal, unless the relevant facts or evidence adduced before the Court of First Instance have been distorted or the material inaccuracy of the findings of the Court of First Instance is apparent from the documents placed on the case-file (see, to that effect, in particular, Metsä-Serla and Others v Commission , paragraph 37, and Mag Instrument v OHIM , paragraphs 39 and 76). | 51. Il est de jurisprudence constante que l’astreinte doit être arrêtée en fonction du degré de persuasion nécessaire pour que l’État membre défaillant à exécuter un arrêt en manquement modifie son comportement et mette fin à l’infraction incriminée (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 113 et jurisprudence citée). | 0 |
3,898 | 12 It should be observed at the outset that, as the Court has consistently held (see, in particular, Opinion 2/94 of 28 March 1996 [1996] ECR I-1759, paragraph 33), 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. The European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (`the Convention') has special significance in that respect. It follows that the Community cannot accept measures which are incompatible with observance of the human rights thus recognized and guaranteed (see, in particular, Case C-260/89 ERT [1991] ECR I-2925, paragraph 41). | 35ARTICLE 3 OF THE CONDITIONS OF EMPLOYMENT PROVIDES THAT ' ' AUXILIARY STAFF ' ' MEANS STAFF ENGAGED FOR THE PERFORMANCE OF DUTIES IN AN INSTITUTION BUT NOT ASSIGNED TO A POST INCLUDED IN THE LIST OF POSTS APPENDED TO THE SECTION OF THE BUDGET RELATING TO THAT INSTITUTION , OR STAFF ENGAGED TO REPLACE AN OFFICIAL WHO IS UNABLE FOR THE TIME BEING TO PERFORM HIS DUTIES AND WHOSE POST COULD NOT BE FILLED BY TEMPORARY POSTING OF ANOTHER OFFICIAL .
| 0 |
3,899 | 63. The review of legality is supplemented by the unlimited jurisdiction which the Courts of the European Union were afforded by Article 17 of Regulation No 17 and which is now recognised by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the Courts, in addition to carrying out a mere review of the lawfulness of the penalty, to substitute their own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (see, to that effect, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraph 692). | 35 There is no provision, either in the EEC Treaty or in the Second Directive itself, which allows the Member States to derogate from Articles 25(1) and 29(1) of the Second Directive when there is a crisis. On the contrary, Article 17(1) of the directive expressly provides that in the case of a serious loss of the subscribed capital, a general meeting of shareholders must be called, within the period laid down by the laws of the Member States, to consider whether the company should be wound up or any other measures taken. That provision thus confirms the decision-making power of the general meeting provided for in Article 25(1), even where the company in question is experiencing serious financial difficulties, and does not allow any derogation whatsoever from the pre-emptive right provided for in Article 29(1). | 0 |
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