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In that regard, the Court has already held that the use in Article 14 of the Association Agreement of the verb ‘to be guided by’ indicates that the contracting parties are not obliged to apply the provisions of the Treaty on freedom to provide services or indeed those adopted for the implementation of those provisions but simply to consider them as a source of guidance for the measures to be adopted in order to implement the objectives laid down in that agreement (judgment of 24 September 2013, Demirkan, C‑221/11, EU:C:2013:583, paragraph 45). | 46 To accept that the role of ensuring that Community law complies with those rules devolves directly on the Community judicature would deprive the legislative or executive organs of the Community of the scope for manoeuvre enjoyed by their counterparts in the Community's trading partners. | 0 |
4,201 | 24. The Commission submits that, in accordance with the Court’s established case-law relating to Commission decisions reducing the monthly advances paid to Member States as part of the expenditure financed by the EAGGF, there is a general rule according to which the Commission is not entitled, when managing the common agricultural policy, to commit funds which fail to comply with the rules governing the common organisation of the market in question (Case C-342/89 Germany v Commission [1991] ECR I-5031, paragraph 14, and Case C‑346/89 Italy v Commission [1991] ECR I-5057, paragraph 14). Consequently, before accepting the accounts of the paying agencies, it has the power to adjust them by making the corrections required on finding that certain expenditure effected did not comply with those rules. | 34. On the other hand, if, at the time of that removal, the goods have not yet been placed under the external Community transit procedure, but are still in temporary storage, the person liable for payment of the customs debt – if the first three indents of Article 203(3) of the Customs Code do not apply – is the person who, being responsible for fulfilling the obligations arising from temporary storage, holds the goods, after they have been unloaded, in order to move or store them (see, to that effect, United Antwerp Maritime Agencies and Seaport Terminals , paragraph 39 and the operative part). On the basis of the information in the documents before the Court, that person is not Codirex. | 0 |
4,202 | 25
As the Advocate General noted at point 27 of his Opinion, it is only by way of derogation from the general principle laid down in Article 2(1) of Regulation No 44/2001, attributing jurisdiction to the courts of the Member State in which the defendant is domiciled, that Section 2 of Chapter II of that regulation makes provision for certain special jurisdictional rules, such as the rule laid down in Article 5(3) of that regulation. Insofar as the jurisdiction of the courts for the place where the harmful event occurred constitutes a rule of special jurisdiction, it must be interpreted independently and strictly, which does not permit an interpretation going beyond the cases expressly envisaged by that regulation (see, to that effect, judgments of 5 June 2014 in Coty Germany, C‑360/12, EU:C:2014:1318, paragraphs 43 to 45, and of 10 September 2015 in Holterman Ferho Exploitatie and Others, C‑47/14, EU:C:2015:574, paragraphs 72 and case-law cited). | 3 TO DECIDE THIS POINT, IT IS FIRST NECESSARY TO DETERMINE WHICH AUTHORITY WAS, AT THE RELEVANT DATE, EMPOWERED TO NEGOTIATE AND CONCLUDE THE AETR . | 0 |
4,203 | 67. Before imposing supplementary requirements to cover differences between the education and training provided in the Member State of origin and that provided in an applicant’s host Member State, the competent national authorities must therefore assess whether the knowledge acquired by an applicant, including knowledge acquired in the host Member State, in the course of practical experience can be taken into account for the purpose of proving possession of the knowledge required by the latter (see, to that effect, Vlassopoulou , paragraph 20; Fernández de Bobadilla , paragraph 33; Case C‑313/01 Morgenbesser [2003] ECR I‑13467, paragraph 62; and Case C‑345/08 Peśla [2009] ECR I‑0000, paragraph 41). | 27 The presence of a sufficiently structured and autonomous entity within the undertaking awarded the contract is, in principle, not affected by the circumstance, which occurs quite frequently, that the undertaking is subject to observance of precise obligations imposed on it by the contract-awarding body. Although the influence which the contract-awarding body has on the service provided by the undertaking concerned may be extensive, the service-providing undertaking nevertheless normally retains a certain degree of freedom, albeit reduced, in organising and performing the service in question, without its task being capable of being interpreted as simply one of making personnel available to the contract-awarding body. | 0 |
4,204 | 29. In a reference for a preliminary ruling, the Court is empowered to rule on the interpretation or validity of a rule of European Union law on the basis of the facts which the national court or tribunal puts before it, and it is for the national court or tribunal to apply that rule to the specific case before it (see, inter alia, Case C‑149/05 Price [2006] ECR I‑7691, paragraph 52 and the case‑law cited). | 52. As a preliminary point, it must be recalled that pursuant to Article 234 EC, which is based on a clear separation of functions between national courts and tribunals and the Court of Justice, the latter is empowered to rule on the interpretation or validity of Community provisions only on the basis of the facts which the national court or tribunal puts before it, and that it is for the national court or tribunal to apply the rules of Community law to a specific case (Case C-421/01 Traunfellner [2003] ECR I-11941, paragraph 21). | 1 |
4,205 | 75. In that regard, it is clear from the Court’s case-law that an economic activity within the meaning of the Sixth Directive need not consist of a single act but may consist of a series of consecutive acts (see Case 268/83 Rompelman [1985] ECR 655, paragraph 22, and Case C‑32/03 Fini H [2005] ECR I‑1599, paragraph 21). | 41. Accordingly, and in view of the facts of the main proceedings, the right to deduct VAT cannot depend on whether the output transaction has in fact given rise to the payment of VAT in the Member State concerned. | 0 |
4,206 | 30. Moreover, it is settled case-law that it is for the national courts alone to determine, having regard to the particular features of each case, both the need to refer a question for a preliminary ruling and the relevance of such a question (see, to that effect, the judgments in Guimont , paragraph 22, and Reisch , paragraph 25). | 60. Il en résulte que la succession ou la donation impliquant un ayant droit ou un donataire ou un de cujus qui ne réside pas sur le territoire espagnol, ou encore une donation ou une succession portant sur un bien immeuble situé en dehors du territoire espagnol ne pourra pas bénéficier de ces abattements fiscaux, si bien que la valeur de cette succession ou de cette donation sera diminuée. | 0 |
4,207 | 52. After summarising the Court’s consistent case-law to the effect that both the very concept of public policy within the meaning of that provision and the relevant criteria in that regard and the guarantees on which the person concerned may rely in that context must be interpreted by analogy with the principles recognised for Union nationals in connection with Article 48(3) of the EEC Treaty (which became Article 48(3) EC, now Article 39(3) EC), as implemented and given specific expression in Directive 64/221 (see, inter alia, Case C‑340/97 Nazli [2000] ECR I‑957, paragraphs 55, 56 and 63; Case C‑136/03 Dörr and Ünal [2005] ECR I‑4759, paragraphs 62 and 63 and the case-law cited; and Bozkurt , paragraph 55 and the case-law cited), the Verwaltungsgerichtshof Baden-Württemberg asks the Court whether the rules laid down in that directive should be applied by analogy to Turkish nationals, as that directive has been repealed by Directive 2004/38 and the time-limit for transposition of the latter directive has expired. | 56 It follows that, when determining the scope of the public policy exception provided for by Article 14(1) of Decision No 1/80, reference should be made to the interpretation given to that exception in the field of freedom of movement for workers who are nationals of a Member State of the Community. Such an approach is all the more justified because Article 14(1) is formulated in almost identical terms to Article 48(3) of the Treaty. | 1 |
4,208 | 54. The contested act cannot be classified as preliminary or preparatory since it cannot be followed, in the context of the administrative procedure which has been initiated, by any other decision amenable to annulment proceedings (see, to that effect, inter alia, SFEI and Others v Commission , paragraph 28). | 15 ACCORDINGLY, THE REPLY TO THE FIRST QUESTION MUST BE THAT THE BENEFITS MENTIONED IN ARTICLE 4 ( 1 ) ( B ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 EMBRACE THOSE PROVIDED BY THE NATIONAL PROVISIONS GRANTING BENEFITS TO HANDICAPPED PERSONS, INSOFAR AS THESE PROVISIONS RELATE TO WORKERS WITHIN THE MEANING OF ARTICLE 1 ( A ) OF THIS REGULATION AND CONFER UPON THEM A LEGALLY PROTECTED ENTITLEMENT FOR THE GRANT OF THESE BENEFITS . | 0 |
4,209 | 56. By contrast, a benefit is regarded as a social security benefit where it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a statutorily defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case C‑356/89 Newton [1991] ECR I‑3017; Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 15; Molenaar , paragraph 20; and Jauch , paragraph 25). It was on the basis of that case-law, which takes account of the components of German care insurance benefits, that the Court held, in paragraph 25 of Molenaar , that those benefits were to be regarded as ‘sickness benefits’ for the purpose of Article 4(1)(a) of Regulation No 1408/71 and, in paragraph 36 of that judgment, that they were to be regarded as ‘cash benefits’ of sickness insurance as referred to inter alia in Article 19(1)(b) of that regulation (see also Jauch , paragraph 25). | 12 ALTHOUGH IT IS POSSIBLE THAT BECAUSE OF THE CLASSES OF PERSONS TO WHICH THEY APPLY , THEIR OBJECTIVES AND THE DETAILED RULES FOR THEIR APPLICATION , CERTAIN LAWS MAY SIMULTANEOUSLY CONTAIN ELEMENTS BELONGING TO BOTH THE CATEGORIES MENTIONED AND THUS DEFY ANY GENERAL CLASSIFICATION , IT MUST BE STATED THAT IN ORDER TO FALL WITHIN THE FIELD OF SOCIAL SECURITY COVERED BY REGULATION NO 1408/71 , THE LEGISLATION AT ISSUE MUST IN ANY EVENT SATISFY , IN PARTICULAR , THE CONDITION OF COVERING ONE OF THE RISKS SPECIFIED IN ARTICLE 4 ( 1 ) OF THE REGULATION . IT FOLLOWS THAT THE LIST OF RISKS CONTAINED IN THAT PARAGRAPH IS EXHAUSTIVE AND THAT AS A RESULT A BRANCH OF SOCIAL SECURITY NOT MENTIONED IN THE LIST DOES NOT FALL WITHIN THAT CATEGORY EVEN IF IT CONFERS UPON INDIVIDUALS A LEGALLY DEFINED POSITION ENTITLING THEM TO BENEFITS .
| 1 |
4,210 | 64 So far as concerns judicial review of compliance with the abovementioned conditions, in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 to 43 of the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (see Crispoltoni and Others, paragraph 42, and National Farmers' Union and Others, paragraph 61). | 66. However, since Article 13A(2)(a) does not require the Member States to take such measures, the fact that a Member State has not exercised that option does not affect the possibility that an establishment may be recognised for the purposes of granting the exemptions referred to. | 0 |
4,211 | 60. En vertu de l’article 21 du statut de la Cour de justice et de l’article 38, paragraphe 1, sous c), du règlement de procédure, il incombe à la Commission d’indiquer, dans les conclusions de la requête déposée au titre de l’article 226 CE, les griefs précis sur lesquels la Cour est appelée à se prononcer (voir, en ce sens, arrêts du 13 décembre 1990, Commission/Grèce, C‑347/88, Rec. p. I‑4747, point 28, et du 31 mars 1992, Commission/Danemark, C‑52/90, Rec. p. I‑2187, point 17). Ces conclusions doivent être formulées de manière non équivoque, afin d’éviter que la Cour ne statue ultra petita ou bien n’omette de statuer sur un grief (voir arrêts du 14 décembre 1962, Meroni/Haute Autorité, 46/59 et 47/59, Rec. p. 783, 801; du 20 novembre 2003, Commission/France, C‑296/01, Rec. p. I‑13909, point 121, ainsi que du 15 juin 2006, Commission/France, C‑255/04, Rec. p. I‑5251, point 24). | 46. It should be pointed out, in that regard, that no other provision of the Framework Decision lays down any such obligation. | 0 |
4,212 | 30. In support of that view, the Court further observed that the rules breached are aimed solely at economic operators who have freely chosen to take advantage of an agricultural aid scheme (see Maizena and Others , paragraph 13; Germany v Commission , paragraph 26; and Käserei Champignon Hofmeister , paragraph 41). It added that, in the context of a European Union aid scheme in which the granting of the aid is necessarily subject to the condition that the beneficiary offers all guarantees of probity and trustworthiness, the penalty imposed in the event of non-compliance with those requirements constitutes a specific administrative instrument forming an integral part of the scheme of aid and intended to ensure the sound financial management of public funds of the European Union ( Käserei Champignon Hofmeister , paragraph 41). | 49. As regards the subsidiary ground relied upon by the Italian Government to justify that obstacle to the freedoms guaranteed by Articles 43 EC and 49 EC and relating to the maintenance of public order, it should be borne in mind that the concept of ‘public order’ comes into play where a genuine and sufficiently serious threat affects one of the fundamental interests of society. Like all derogations from a fundamental principle of the Treaty, the exception relating to public order must be narrowly construed (see Commission v Belgium , paragraph 28 and the case-law cited). | 0 |
4,213 | 31. The Court has held that that provision is not limited to the names of natural persons ( Anheuser-Busch , paragraphs 77 to 80). | 78. Certainly, the Council of the European Union and the Commission of the European Communities issued a joint declaration, which was recorded in the minutes of the Council when Directive 89/104 was adopted, that that provision covers only natural persons’ names. | 1 |
4,214 | 27 In the light of those considerations, it must be held that a person remains available to the employment services in the territory of the competent State if he registers with those services as a person seeking employment (see to that effect Case 227/81 Aubin v UNEDIC and ASSEDIC [1982] ECR 1991, paragraph 20) and undergoes the checks by the competent services of that State. | 49
As regards that requirement, the Court has repeatedly held that it implies that the purpose of granting a delegated power is to achieve the adoption of rules coming within the regulatory framework as defined by the basic legislative act (judgments of 18 March 2014, Commission v Parliament and Council, C‑427/12, EU:C:2014:170, paragraph 38; of 16 July 2015, Commission v Parliament and Council, C‑88/14, EU:C:2015:499, paragraph 29; and of 17 March 2016, Parliament v Commission, C‑286/14, EU:C:2016:183, paragraph 30). The Court’s case-law requires in particular that the definition of the power conferred is sufficiently precise, in that it must indicate clearly the limits of the power and must enable the Commission’s use of the power to be reviewed by reference to objective criteria fixed by the EU legislature (see, to that effect, judgments of 5 July 1988, Central-Import Münster, 291/86, EU:C:1988:361, paragraph 13, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 90). | 0 |
4,215 | 48. With regard to the present case, the Court takes the view that all the legal and factual circumstances pertaining to the infringement established indicate that effective prevention of future repetition of similar infringements of European Union law requires the adoption of a deterrent measure, such as the imposition of a lump sum payment (see, to that effect, Case C‑369/07 Commission v Greece [2009] ECR I‑5703, paragraph 145, and Case C‑610/10 Commission v Spain , paragraph 142). | 19 The nature of the activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system . A fortiori, the mere fact that foreign pupils alone are required to pay a minerval can have no such effect . | 0 |
4,216 | 30
Contrary to what the Portuguese and Polish Governments argued, in essence, before the Court, such obligations cannot be deduced from the condition that the purchaser must be a taxable person acting as such in a Member State other than that in which dispatch or transport of the goods began (see, by analogy, judgment of 27 September 2012, VSTR, C‑587/10, EU:C:2012:592, paragraph 40). | 99. For a tax to be regarded as forming an integral part of an aid measure, it must be hypothecated to the aid under the relevant national rules, in the sense that the revenue from the charge is necessarily allocated for the financing of the aid and has a direct impact on the amount of the aid and, consequently, on the assessment of the compatibility of that aid with the common market (see, inter alia, Joined Cases C‑393/04 and C‑41/05 Air Liquide Industries Belgium [2006] ECR I‑5293, paragraph 46 and the case‑law cited). | 0 |
4,217 | 47. It must also be recalled that, according to the settled case-law of the Court of Justice, an appeal must indicate precisely the alleged flaws in the judgment which the appellant claims should be set aside, and also the legal arguments specifically advanced in support of that claim, failing which the latter is inadmissible (see, inter alia, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 497 and 618, and Dalmine v Commission , paragraph 153). | 153. However, the appeal must indicate the legal arguments specifically advanced in support of the plea alleging breach of the principle of equal treatment, failing which the plea is inadmissible ( Limburgse Vinyl Maatschappij and Others v Commission , paragraph 618). | 1 |
4,218 | 31. According to settled case-law, the concepts used in the Brussels Convention – which include, in particular, that of ‘consumer’ for the purposes of Articles 13 to 15 of that Convention – must be interpreted independently, by reference principally to the scheme and purpose of the Convention, in order to ensure that it is uniformly applied in all the Contracting States (see, in particular, Case 150/77 Bertrand [1978] ECR 1431, paragraphs 14, 15 and 16; Case C-89/91 Shearson Lehman Hutton [1993] ECR I-139, paragraph 13; Case C‑269/95 Benincasa [1997] ECR I-3767, paragraph 12; Case C-99/96 Mietz [1999] ECR I‑2277, paragraph 26; and Case C-96/00 Gabriel [2002] ECR I-6367, paragraph 37). | 30
That status enables those among such nationals who find themselves in the same situation to enjoy, within the scope ratione materiae of the Treaty, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for (see judgment of 12 May 2011 in Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 61 and the case-law cited). | 0 |
4,219 | 42. Although the protection of the child is a legitimate interest which, in principle, justifies a restriction on a fundamental freedom guaranteed by the EC Treaty, such as the free movement of goods (see, by analogy, Case C‑112/00 Schmidberger [2003] ECR I‑5659, paragraph 74), the fact remains that such restrictions may be justified only if they are suitable for securing the attainment of the objective pursued and do not go beyond what is necessary in order to attain it (see, to that effect, Case C‑36/02 Omega [2004] ECR I-9609, paragraph 36, and Case C‑438/05 International Transport Workers’ Federation and Finnish Seamen’s Union [2007] ECR I-0000, paragraph 75). | 68 FURTHERMORE THE SYSTEM DESCRIBED ABOVE HAS SUBSTANTIALLY REDUCED THE OPPORTUNITIES AVAILABLE TO THE PARTIES CONCERNED TO NEGOTIATE A PRICE WHICH WOULD HAVE RESULTED FROM THE FREE MARKET FORCES OF SUPPLY AND DEMAND . | 0 |
4,220 | 44. The Court has held in particular that such restrictive effects may arise where, on account of national legislation, a company may be deterred from setting up subsidiary bodies, such as permanent establishments, in other Member States and from carrying on its activities through such bodies (see, to that effect, inter alia, Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraphs 32 and 33; Case C‑471/04 Keller Holding [2006] ECR I‑2107, paragraph 35; and Case C‑293/06 Deutsche Shell [2008] ECR I‑1129, paragraph 29). | 29. Whilst it is true that, in a sector which has not been subject to full harmonisation at Community level, Member States remain, in principle, competent to define the conditions for the pursuit of the activities in that sector, they must, when exercising their powers, respect the basic freedoms guaranteed by the EC Treaty (see Case C‑514/03 Commission v Spain [2006] ECR I‑963, paragraph 23, and Case C‑257/05 Commission v Austria [2006] ECR I‑134, paragraph 18). | 0 |
4,221 | 99. The requirement that national law be interpreted in conformity with Community law is inherent in the system of the EC Treaty, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of Community law when they determine the disputes before them (see, inter alia, Pfeiffer and Others , paragraph 114, and Adeneler and Others , paragraph 109). | 80
Therefore, an act of reproduction of a protected design for the purpose of making citations or of teaching is not compatible with fair trade practice within the meaning of that provision where it is done in such a manner that it gives the impression that there is a commercial connection between the third party and the holder of the rights conferred by those designs, or where the third party, who wishes to rely on that limitation in the course of selling goods that are used jointly with goods corresponding to the protected designs, infringes the rights conferred on the holder of the design protected by Article 19 of Regulation No 6/2002, or where that third party takes unfair advantage of the holder’s commercial repute (see, by analogy, judgment of 17 March 2005, Gillette Company and Gillette Group Finland, C‑228/03, EU:C:2005:177, paragraphs 42, 43, 45, 47 and 48). | 0 |
4,222 | 45. In that regard, it must be stated at the outset that review by the national court of an enforceable order for the recovery of unlawful State aid and possible annulment of that order must be viewed simply as an expression of the principle of effective judicial protection which, according to the Court’s settled case-law, is a general principle of Union law (see, to that effect, judgment in Scott and Kimberly Clark , EU:C:2010:294, paragraph 25 and the case-law cited). | 51. In the main proceedings, the Community institutions did not fail to take account of a known factor like the system of applying the alloy surcharge. They examined the factor of the application of the alloy surcharge and concluded that it constituted a small percentage of the final price. In those circumstances, it is for the parties pleading the invalidity of the regulation to adduce evidence to show that the concerted application of the alloy surcharge by the flat product producers could have had an effect of such magnitude that the final prices of stainless steel wires could no longer be used to establish the existence of injury to the Community industry and of the causal link between that injury and the subsidised imports. | 0 |
4,223 | 24. The Court has also held that the terms used in the various language versions of Directive 98/59 to refer to the concept of ‘establishment’ are somewhat different and have different connotations, signifying, according to the version in question, establishment, undertaking, work centre, local unit or place of work (see Rockfon , paragraphs 26 and 27). | 46. Furthermore, it must be observed that there are two aspects to the requirement of impartiality. In the first place, the tribunal must be subjectively impartial, that is, none of its members must show bias or personal prejudice, there being a presumption of personal impartiality in the absence of evidence to the contrary. In the second place, the tribunal must be objectively impartial, that is to say, it must offer guarantees sufficient to exclude any legitimate doubt in this respect ( Chronopost and La Poste v UFEX and Others , paragraph 54, and to that effect, Eur. Court HR, Fey v. Austria , judgment of 24 February 1993, Series A No 255‑A, p. 12, § 28; Findlay v. United Kingdom , judgment of 25 February 1997, Reports of Judgments and Decisions 1997-I, p. 281, § 73; and Forum Maritime S.A . v. Romania , judgment of 4 October 2007, not yet published in the Reports of Judgments and Decisions, § 116). | 0 |
4,224 | 44. The translations carried out by such an expert are therefore merely ancillary steps and leave the discretion of judicial authority and the free exercise of judicial power intact, so that – as submitted by Mr Peñarroja Fa, the French Government, the European Commission and the EFTA Surveillance Authority – such translation services cannot be regarded as activities connected with the exercise of official authority (see, by analogy, Reyners , paragraphs 52 and 53, and Case C‑306/89 Commission v Greece [1991] ECR I‑5863, paragraph 7). | 15. Moreover, the legislation of a Member State, such as that at issue in the main proceedings, by restricting the benefit of a tax credit for research only to research carried out in that Member State, makes the provision of services constituted by the research activity subject to different tax arrangements depending on whether it is carried out in other Member States or in the Member State concerned (see, to that effect, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 21). | 0 |
4,225 | 99. In relation to the right of freedom of movement for workers, the principle of non-discrimination was implemented by Article 39 EC and Article 7 of Regulation No 1612/68 (see, to that effect, Case C‑94/07 Raccanelli [2008] ECR I‑5939, paragraph 45). | 100 It follows that, since the entry into force of Regulation No 2409/92, the Republic of Finland has no longer been entitled to enter on its own into international commitments concerning the fares and rates to be charged by carriers of non-member countries on intra-Community routes. | 0 |
4,226 | In that regard, it should be recalled that the obligation to state reasons is an essential procedural requirement which must
be distinguished from the question whether the reasons given are correct, the latter being a matter going to the substantive
legality of the contested measure (judgment of 18 June 2015, Ipatau v Council, C‑535/14 P, EU:C:2015:407, paragraph 37 and the case-law cited). The reasoning of a decision consists in a formal statement
of the grounds on which that decision is based. If those grounds are vitiated by errors, the latter will vitiate the substantive
legality of the decision, but not the statement of reasons in it, which may be adequate even though it sets out reasons which
are incorrect (see judgment of 10 July 2008, Bertelsmann and Sony Corporation of America v Impala, C‑413/06 P, EU:C:2008:392, paragraph 181). | 32 As is clear from the third and sixth recitals in the preamble to the Regulation, the objective pursued by the legislature is to protect the natural composition of milk and milk products in the interests of Community producers and consumers and to avoid any confusion in consumers' minds between milk products and the other food products, including those consisting partly of milk components. | 0 |
4,227 | 24 As regards the risk of fraud referred to by the United Kingdom, it is sufficient to note that, as the Court has consistently held (see in particular the judgments in Case 115/78 Knoors v Secretary of State for Economic Affairs [1979] ECR 399, paragraph 25, and Case C-61/89 Bouchoucha [1990] ECR I-3551, paragraph 14), the facilities created by the Treaty cannot have the effect of allowing the persons who benefit from them to evade the application of national legislation and of prohibiting Member States from taking the measures necessary to prevent such abuse. | 73. D’autre part, le pouvoir accordé au Conseil par l’article 108, paragraphe 2, troisième alinéa, TFUE ne trouve à s’appliquer que dans les limites indiquées par cette disposition, à savoir en présence de circonstances exceptionnelles (voir, en ce sens, arrêt du 29 février 1996, Commission/Conseil, C‑122/94, Rec. p. I‑881, point 13). | 0 |
4,228 | 30
First of all, it should be noted that Articles 22 to 24 of Regulation No 1257/1999 set out the general conditions for the grant of support for farming practices designed, in particular, to maintain the countryside. It follows from those provisions that agri-environmental aid is characterised by the five-year commitment given by the farmers concerned to practise a form of agriculture which respects the environment. In return for the agri-environmental commitments for a minimum of five years, financial support is allocated annually by the States according to the loss of revenue incurred or the resulting additional costs (judgments of 4 June 2009 in JK Otsa Talu, C‑241/07, EU:C:2009:337, paragraph 36; 24 May 2012 in Hehenberger, C‑188/11, EU:C:2012:312, paragraph 30; and 7 February 2013 in Pusts, C‑454/11, EU:C:2013:64, paragraph 30). | 26. It is clear from the order for reference that Article 97(5) and (7) of the Law on VAT apply generally and preventively to new taxable persons, without making any provision for such persons to demonstrate the absence of a risk of tax evasion or avoidance. | 0 |
4,229 | 40. So far as concerns the coming into existence of an obligation to make an adjustment of an input VAT deduction, Article 185(1) of that directive establishes the principle that such an adjustment is made in particular where, after the VAT return is made, some change occurs in the factors used to determine the amount to be deducted (see TETS Haskovo , paragraph 32). | 90 In answering that question in the negative, but subject to the express condition that the geographical indications which that bilateral agreement is intended to protect have not, at the time of its entry into force or thereafter, become generic in the State of origin, the Court therefore did no more than ensure that the protection in the State of origin should not be extended to the territory of another State unless, in the State of origin itself, that protection is, or continues to be, deserved. | 0 |
4,230 | 57. In accordance with settled case-law, in the context of consideration of the likelihood of confusion, assessment of the similarity between two marks means more than taking just one component of a composite mark and comparing it with another mark. On the contrary, the comparison must be made by examining each of the marks in question as a whole, which does not mean that the overall impression conveyed to the relevant public by a composite mark may not, in certain circumstances, be dominated by one or more of its components (see Medion , paragraph 29, and OHIM v Shaker , paragraph 41). Nevertheless, it is only if all the other components of the mark are negligible that the assessment of the similarity can be carried out solely on the basis of the dominant element (see OHIM v Shaker , paragraph 42). | 49. Recourse to the public-policy clause in Article 34(1) of Regulation No 44/2001 can therefore be envisaged only where recognition or enforcement of the judgment given in another Member State would be at variance to an unacceptable degree with the legal order of the State in which enforcement is sought inasmuch as it would infringe a fundamental principle. In order for the prohibition of any review of the substance of a judgment of another Member State to be observed, the infringement would have to constitute a manifest breach of a rule of law regarded as essential in the legal order of the State in which enforcement is sought or of a right recognised as being fundamental within that legal order (see judgment in Apostolides , EU:C:2009:271, paragraph 59 and the case-law cited). | 0 |
4,231 | 38. Accordingly, it is necessary to consider whether the way in which the State monopoly in question is organised and operates is liable to place medicinal preparations from other Member States at a disadvantage (see, to that effect, Franzén , paragraph 40) or whether that monopoly does in practice place such medicinal preparations at a disadvantage. | 33 In those circumstances, it must be held that, by its nature, Decision No 3/80 is intended to be supplemented and implemented in the Community by a subsequent act of the Council. | 0 |
4,232 | 26. Finally, it should be recalled that the Court, in assessing the legal status of the national bodies mentioned in Article 2(9) of Directive 89/665, which are responsible for reviewing the award of public contracts, has already confirmed the status as a ‘court or tribunal’ of a number of other national bodies that are in essence comparable to the referring body in the present case (see, inter alia, Dorsch Consult , C‑54/96, EU:C:1997:413, paragraphs 22 to 38; Köllensperger and Atzwanger , C‑103/97, EU:C:1999:52, paragraphs 16 to 25; and Bundesdruckerei , C‑549/13, EU:C:2014:2235, paragraph 22 and the case-law cited). | 42. Il y a lieu de relever, à cet égard, que les règles interdisant des restrictions à la liberté d’établissement énoncées à l’article 31 de l’accord EEE sont identiques à celles qu’impose l’article 49 TFUE. La Cour a ainsi précisé que, dans le domaine considéré, les règles édictées par l’accord EEE et celles qui le sont par le traité FUE doivent faire l’objet d’une interprétation uniforme (arrêt Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 24 et jurisprudence citée). | 0 |
4,233 | 61. According to settled case‑law, the Community’s non-contractual liability under the second paragraph of Article 288 EC is subject to the satisfaction of a set of conditions as regards the unlawfulness of the conduct alleged against the Community institution, the fact of damage and the existence of a causal link between the conduct of the institution and the damage complained of (see, inter alia, Joined Cases C-258/90 and C-259/90 Pesquerias De Bermeo and Naviera Laida v Commission [1992] ECR I‑2901, paragraph 42, and KYDEP v Council and Commission , cited above, paragraph 19). | 50. Quant à la finalité de ce régime particulier, la Cour a rappelé à maintes reprises que les services fournis par les agences de voyages et par les organisateurs de circuits touristiques se caractérisent par le fait que, en règle générale, ces services se composent de multiples prestations, notamment en matière de transport et d’hébergement, qui sont exécutées tant à l’intérieur qu’à l’extérieur du territoire de l’État membre où l’entreprise a son siège ou un établissement stable. L’application des règles de droit commun concernant le lieu d’imposition, la base d’imposition et la déduction de la taxe en amont se heurterait, en raison de la multiplicité et de la localisation des prestations fournies, à des difficultés pratiques pour ces entreprises, qui seraient de nature à entraver l’exercice de leur activité. C’est afin d’adapter les règles applicables au caractère spécifique de cette activité que le législateur de l’Union a institué, à l’article 26, paragraphes 2 à 4, de la sixième directive, un régime particulier de TVA (voir arrêts du 12 novembre 1992, Van Ginkel, C‑163/91, Rec. p. I‑5723, points 13 à 15; Madgett et Baldwin, précité, point 18; du 19 juin 2003, First Choice Holidays, C‑149/01, Rec. p. I‑6289, points 23 à 25; du 13 octobre 2005, ISt, C‑200/04, Rec. p. I‑8691, point 21, ainsi que du 9 décembre 2010, Minerva Kulturreisen, C‑31/10, Rec. p. I‑12889, points 17 et 18). | 0 |
4,234 | 20. Thus, under Article 71(1)(a)(ii) of Regulation No 1408/71, frontier workers who are wholly unemployed are subject to the legislation of the Member State in whose territory they reside. The Court has taken the view that that provision is based on the implicit assumption that such a worker will find in that State the conditions which are most favourable to the search for new employment (see, to that effect, judgments in Miethe , EU:C:1986:243, paragraph 17, and in Jeltes and Others , EU:C:2013:224, paragraph 21). | 35. Indeed, the application of that rule may have the consequence that persons who have carried out certain preparatory works are precluded from the award procedure even though their participation in the procedure entails no risk whatsoever for competition between tenderers. | 0 |
4,235 | 41. It is also apparent from the Court’s case‑law that respect for human rights is a condition of the lawfulness of Community acts and that measures incompatible with respect for human rights are not acceptable in the Community ( Kadi and Al Barakaat International Foundation v Council and Commission , paragraph 284). | 284. It is also clear from the case-law that respect for human rights is a condition of the lawfulness of Community acts (Opinion 2/94, paragraph 34) and that measures incompatible with respect for human rights are not acceptable in the Community (Case C‑112/00 Schmidberger [2003] ECR I‑5659, paragraph 73 and case-law cited). | 1 |
4,236 | 33. Conformément à la règle générale énoncée à l’article 73 de la directive TVA, la base d’imposition pour la livraison d’un bien ou la prestation d’un service, effectuées à titre onéreux, est constituée par la contrepartie réellement reçue à cet effet par l’assujetti. Cette contrepartie constitue la valeur subjective, à savoir réellement perçue, et non une valeur estimée selon des critères objectifs (voir, notamment, arrêts du 5 février 1981, Coöperatieve Aardappelenbewaarplaats, 154/80, Rec. p. 445, point 13, et du 26 avril 2012, Balkan and Sea Properties et Provadinvest, C‑621/10 et C‑129/11, point 43). | 35. It follows from the above that a Member State can fulfil such an obligation to recover only if the measures adopted by it are suitable to re-establish the normal conditions of competition which were distorted by the grant of the illegal aid and are consistent with the relevant provisions of Community law. | 0 |
4,237 | 18. It follows from the wording of Article 132(1)(g) of Directive 2006/112 that the exemption provided for therein applies to goods and services which are closely linked to welfare and social security work and supplied by bodies governed by public law or by other organisations recognised as charitable by the Member State concerned (see judgments in Kingscrest Associates and Montecello , C‑498/03, EU:C:2005:322, paragraph 34, and Zimmermann , C-174/11, EU:C:2012:716, paragraph 21). | 43. En outre, dans la mesure où les arguments de la République italienne relatifs au caractère complexe des procédures nationales de faillite tendent à démontrer que le délai prévu à l’article 3, paragraphe 2, de la décision 2010/359 est déraisonnable, il suffit de rappeler que, selon une jurisprudence établie, un État membre ne saurait invoquer l’illégalité d’une décision comme moyen de défense à l’encontre d’un recours en manquement fondé sur l’inexécution de cette décision, exception faite de l’hypothèse où celle-ci doit être considérée comme inexistante (arrêt du 13 octobre 2011, Commission/Italie, précité, point 41). | 0 |
4,238 | 41 It must be recalled that aims of a purely economic nature cannot justify a barrier to the fundamental principle of freedom to provide services (see, to that effect, Case C-398/95 SETTG v Ypourgos Ergasias [1997] ECR I-3091, paragraph 23). However, it cannot be excluded that the risk of seriously undermining the financial balance of the social security system may constitute an overriding reason in the general interest capable of justifying a barrier of that kind. | 14 Il s' ensuit que la quantité de lait ou de produits laitiers qui a été vendue ou livrée par un preneur à bail et qui correspond à la production laitière réalisée par lui dans les installations louées doit, en principe, être imputée sur la quantité de référence de ce preneur, sans qu' il importe de savoir si le bailleur est, lui aussi, un producteur de lait et dispose en cette qualité d' une quantité de référence . | 0 |
4,239 | 24. First of all, it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of parts for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16, and the case-law cited). | 18 As has been pointed out above, in addition to professional secrecy, expressly mentioned in the aforesaid Article 20, that requirement is intended to protect the rights of the defence of undertakings, guaranteed by Article 14(3 ). Those rights would be seriously endangered if the Commission could rely on evidence against undertakings which was obtained during an investigation but was not related to the subject-matter or purpose thereof . | 0 |
4,240 | 22. It is also clear from the case-law of the Court that the tax treatment of inheritances falls, in principle, under Article 63 TFEU on the free movement of capital. Inheritances consisting in the transfer to one or more persons of assets left by a deceased person, falling under heading XI of Annex I to Directive 88/361, which is entitled ‘Personal capital movements’, are movements of capital for the purposes of Article 63 TFEU (see, inter alia, Case C-11/07 Eckelkamp and Others [2008] ECR I-6845, paragraph 39; Case C-43/07 Arens-Sikken [2008] ECR I-6887, paragraph 30; Case C-35/08 Busley and Cibrian Fernandez [2009] ECR I-9807, paragraph 18; and Case C-25/10 Missionswerk Werner Heukelbach [2011] ECR I-497, paragraph 16). | 50. Ainsi que l’a relevé M. l’avocat général au point 59 de ses conclusions, le recours de Kala Naft s’inscrivait dans le cadre de l’article 275, second alinéa, TFUE. Cette société avait la qualité pour contester, devant le juge de l’Union, son inscription sur la liste figurant dans les actes litigieux, cette inscription la concernant directement et individuellement au sens de l’article 263, quatrième alinéa, TFUE. Son intérêt à agir ne pouvait, de ce fait, être contesté. | 0 |
4,241 | 41. The full and not merely partial payment of the price is not capable of calling such an interpretation into question (see, to that effect, judgments in Orfey Balgaria , C‑549/11, EU:C:2012:832, paragraph 37, and Efir , C‑19/12, EU:C:2013:148, paragraph 39, and order in Sani treyd , C‑153/12, EU:C:2013:201, paragraph 32). | 30. En deuxième lieu, ainsi que l’a relevé M me l’avocat général au point 48 de ses conclusions, aux fins d’apprécier le point de savoir si un acte réglementaire comporte des mesures d’exécution, il y a lieu de s’attacher à la position de la personne invoquant le droit de recours au titre de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE. Il est donc sans pertinence de savoir si l’acte en question comporte des mesures d’exécution à l’égard d’autres justiciables. | 0 |
4,242 | 70. The national court has the task of verifying whether the Greek rules are consistent with Directive 97/80. If this examination reveals a doubt as to whether they are, it should be remembered, first, that in accordance with settled case-law, wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by individuals before the national court as against the State, including organisations or bodies, whatever their legal form, which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable to relations between individuals (see, to this effect, Case C‑188/99 Foster and Others [1990] ECR I‑3313, paragraphs 16, 18 and 20, and Case C-187/00 Kutz-Bauer [2003] ECR I‑2741, paragraph 69). | 18 On the basis of those considerations, the Court has held in a series of cases that unconditional and sufficiently precise provisions of a directive could be relied on against organizations or bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals . | 1 |
4,243 | 28 From the moment that the Turkish worker referred to in Article 6(1) enjoys in the host Member State, after four years of legal employment, free access to any paid employment of his choice in accordance with the third indent of that provision, not only does the direct effect attaching to Article 6(1) mean that he derives an individual employment right directly from Decision No 1/80 but also, in order for that right to be fully effective, there is necessarily a corresponding right of residence founded likewise on Community law (Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, paragraphs 29 and 31, Case C-237/91 Kus v Landeshauptstadt Wiesbaden [1992] ECR I-6781, paragraph 33, and Tetik, cited above, paragraphs 26, 30 and 31). | 36. It is also settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedom of establishment must be regarded as restrictions on that freedom (see Case C‑442/02 Caixa Bank France [2004] ECR I‑8961, paragraph 11; Columbus Container Services , paragraph 34; Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt , paragraph 30; and CIBA , paragraph 19). | 0 |
4,244 | 53. Moreover, if the Member States wish to exclude once and for all any possibility for producers or importers to absorb, even temporarily, the impact of taxes on the retail selling price of manufactured tobacco products by selling them at a loss, it is inter alia open to them, while allowing those producers and importers to make effective use of the competitive advantage resulting from any lower cost prices, to prohibit the sale of manufactured tobacco products at a price below the sum of the cost price and all taxes (see Commission v Austria , paragraph 43, and Commission v Ireland , paragraph 55). | 63. In light of the foregoing, the answer to the second question is that the Court does not have jurisdiction to interpret Article 31 of the CMR.
The third, fourth and sixth questions | 0 |
4,245 | 54. In the case of taxes on motor vehicles, the absence of harmonisation in this field means that each Member State can arrange its tax measures in accordance with its own assessments. Such assessments and the measures adopted to implement them must, however, be free of the effect described in the preceding paragraph (see, to that effect, Case C‑451/99 Cura Anlagen [2002] ECR I‑3193, paragraph 40; Case C‑464/02 Commission v Denmark [2005] ECR I‑7929, paragraph 74; and Case C‑98/05 De Danske Bilimportører [2006] ECR I‑4945, paragraph 28). | 18 THE COURT HAS CONSISTENTLY HELD THAT ANY PECUNIARY CHARGE , WHATEVER ITS DESIGNATION OR MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER , AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT IMPOSED ON BEHALF OF THE STATE .
| 0 |
4,246 | 34. As regards the 1998 Circular which, according to the Italian authorities, authorised the release for consumption of the energy drinks in question and thus put an end to the failure to fulfil obligations that gave rise to this action, it should be recalled that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and that the Court cannot take account of any subsequent changes (see Case C-476/98 Commission v Germany , cited above, paragraph 42, and Case C-122/02 Commission v Belgium [2003] ECR I-833, paragraph 11). | 105. However, it is also necessary that such a restriction does not go beyond what is necessary in order to attain the objective of protecting the intellectual property at issue (see, to this effect, UTECA , paragraphs 31 and 36). | 0 |
4,247 | 83. Moreover, although the Court has accepted that the risk of seriously undermining the financial balance of the social security system may justify a barrier of that kind (see, inter alia, Case C‑158/96 Kohl [19989 ECR I-1931, paragraph 41), it must be found that the German Government has failed to demonstrate how transfers of residence from Germany such as those which took place in the cases in the main proceedings, are liable to impose a heavier financial burden on the German social security scheme. | 29. The third subparagraph of Rule 50(1) of the Implementing Regulation must therefore be applied, at this particular stage of the appeal proceedings against the Opposition Division’s decision, in place of the provisions relating to the proceedings before that division, which include Rule 20(1) of the Implementing Regulation. | 0 |
4,248 | 60. The fact that that provision confirms the existence of a discretion for Member States is not such as to call that interpretation into question if, according to objective evidence, the supply at issue meets the criteria for that exemption (see, by analogy, Case C-45/01 Dornier [2003] ECR I-12911, paragraph 81). | 41. The existence of that subjective element can also be established by evidence of collusion, which may take the form of intentional coordination, between different investors applying for support under an EAFRD support scheme, in particular where the investment projects are identical and there is a geographical, economic, functional, legal and/or personal link between those projects (see, by analogy, Vonk Dairy Products , paragraph 33). | 0 |
4,249 | 79. According to settled case-law, the Court of Justice will reject outright complaints directed against grounds of a judgment of the General Court included purely for the sake of completeness, since they cannot lead to the judgment’s being set aside and are therefore ineffective (see, inter alia, Case C‑399/08 P C ommission v Deutsche Post [2010] ECR I‑0000, paragraph 75, and Case C‑96/09 P Anheuser-Busch v Budějovický Budvar [2011] ECR I‑0000, paragraph 211 and case-law cited). | 20. As regards the third criteria, the French Government submits that the mere proliferation of a plant species is not sufficient to establish an undesirable disturbance so long as there is no disruption to the balance of other organisms present in the water. | 0 |
4,250 | 37. However, TVC contends that the retransmission at issue in the main proceedings does not satisfy the requirement that there must be a new public, which is none the less necessary within the meaning of the judgments in SGAE (paragraph 40), Football Association Premier League and Others (paragraph 197), and Airfield and Canal Digitaal (paragraph 72). The recipients of the retransmission effected by TVC are, it submits, entitled to follow the televised broadcast, identical in content, using their own television sets. | 62. En vertu de l’article 11 des règlements n os 1552/89 et 1150/2000, tout retard dans les inscriptions au compte visé à l’article 9, paragraphe 1, des mêmes règlements donne lieu au paiement par l’État membre concerné d’intérêts applicables à toute la période du retard (voir, notamment, arrêts du 14 avril 2005, Commission/Pays-Bas, C‑460/01, Rec. p. I‑2613, point 91, ainsi que Commission/Allemagne, précité, point 94 et jurisprudence citée), indépendamment de la raison du retard et d’un délai fixé par la Commission pour la mise à disposition des ressources propres (voir, notamment, arrêt Commission/Allemagne, précité, points 93 et 95). | 0 |
4,251 | 66. In accordance with settled case‑law, the judicial protection of natural or legal persons who are unable, by reason of the conditions for admissibility laid down in the fourth paragraph of Article 230 EC, directly to challenge Community measures of the type of the contested decision, must be effectively guaranteed by a right of action before national courts. The latter are required, in accordance with the principle of cooperation in good faith laid down by Article 10 EC, so far as possible, to interpret and apply national procedural rules governing the exercise of rights of action in a way that enables those persons to challenge before the courts the legality of any decision or other national measure relating to the application to them of a Community act such as that at issue, by pleading the invalidity of such an act and by asking them to make a reference to the Court of Justice for a preliminary ruling on validity (see Unión de Pequeños Agricultores v Council , paragraphs 40 to 42, and Commission v Jégo-Quéré , paragraphs 30 to 32; see also C‑15/06 P Regione Siciliana v Commission , paragraph 39). | 27. À cet égard, il découle de la jurisprudence constante de la Cour que, aux fins de l’application des dispositions du droit de l’Union en matière de concurrence, est une entreprise toute entité exerçant une activité économique, indépendamment du statut juridique de cette entité et de son mode de financement (voir arrêt du 23 avril 1991, Höfner et Elser, C‑41/90, Rec. p. I‑1979, point 21). Constitue une activité économique toute activité consistant à offrir des biens ou des services sur un marché donné (voir arrêt du 25 octobre 2001, Ambulanz Glöckner, C‑475/99, Rec. p. I‑8089, point 19). En revanche, ne présentent pas de caractère économique, justifiant l’application des règles de concurrence prévues par le traité, les activités qui se rattachent à l’exercice de prérogatives de puissance publique (voir arrêt du 12 juillet 2012, Compass-Datenbank, C‑138/11, point 36). | 0 |
4,252 | 24. However, the price actually paid or payable is a factor that must potentially be adjusted where necessary in order to avoid the setting of an arbitrary or fictitious customs value (see, to that effect, Case 183/85 Repenning [1986] ECR 1873, paragraph 16). | 33 Finally, the national court asks whether the fact that 5 to 10 years have elapsed since the payment of the aid, and hence that any repayment would be particularly onerous for the recipients, can be taken into account at the time of repayment. | 0 |
4,253 | 21 The aim of Directive 77/187 is to ensure continuity of employment relationships within an economic entity, irrespective of any change of ownership. The decisive criterion for establishing the existence of a transfer within the meaning of the directive is, therefore, whether the entity in question retains its identity, as indicated inter alia by the fact that its operation is actually continued or resumed (Case 24/85 Spijkers [1986] ECR 1119, paragraphs 11 and 12, and, most recently, Süzen, cited above, paragraph 10). | 31. The Court has stated that such conditions must enable the taxable person, in appropriate circumstances, to recover the entirety of the credit arising from that excess VAT. This implies that the refund is to be made within a reasonable period of time ( Commission v Hungary , paragraph 45). | 0 |
4,254 | 26. Directive 1999/5 confers a presumption of compliance on apparatus which bears the ‘CE’ marking. That marking attests the conformity of the apparatus with all the provisions of that directive, including the conformity assessment procedures provided for by that directive (see ATRAL , paragraph 51). | 67 In that respect, the first point to note is that it is ultimately for the national court, which has sole jurisdiction to assess the facts and interpret the national legislation, to determine whether and to what extent a legislative provision, which, though applying independently of the sex of the worker, actually affects a considerably higher percentage of women than men, is justified by objective reasons unrelated to any discrimination on grounds of sex (Case 171/88 Rinner-Kühn [1989] ECR 2743, paragraph 15). | 0 |
4,255 | 18. First of all, it must be recalled that, as a German national, Mr Thiele Meneses enjoys the status of a citizen of the Union under Article 20(1) TFEU and may therefore rely on the rights conferred on those having that status, including against his Member State of origin (see, Case C-192/05 Tas-Hagen and Tas [2006] ECR I‑10451, paragraph 19; Joined Cases C‑11/06 and C‑12/06 Morgan and Bucher [2007] ECR I‑9161, paragraph 22; and Joined Cases C-523/11 and C-585/11 Prinz and Seeberger [2013] ECR I‑0000, paragraph 23 and the case-law cited). | 20 Or, il résulte d'une jurisprudence constante de la Cour que la nécessité de parvenir à une interprétation du droit communautaire qui soit utile pour le juge national exige que celui-ci définisse le cadre factuel et réglementaire dans lequel s'insèrent les questions qu'il pose ou que, à tout le moins, il explique les hypothèses factuelles sur lesquelles ces questions sont fondées (voir, notamment, arrêts du 26 janvier 1993, Telemarsicabruzzo e.a., C-320/90 à C-322/90, Rec. p. I-393, point 6, et du 12 juillet 2001, Vanbraekel e.a., C-368/98, Rec. p. I-5363, point 21). | 0 |
4,256 | 32. En revanche, la Cour a jugé que l’article 49 TFUE s’oppose à une réglementation d’un État membre qui impose le recouvrement immédiat de l’imposition sur les plus-values latentes, afférentes aux éléments de patrimoine d’une société transférant son siège de direction effective vers un autre État membre, au moment même de ce transfert (arrêt National Grid Indus, précité, point 86). | 36. The European Union is a union based on the rule of law, its institutions being subject to review of the conformity of their acts, inter alia, with the Treaty and the general principles of law (see Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351, paragraph 281, and Case C-550/09 E and F [2010] ECR I-6213, paragraph 44). | 0 |
4,257 | 46. Furthermore, the Court has already stated that, if the Directive is to serve a useful purpose, it is essential that the employees concerned be guaranteed access to information enabling them to determine whether they have the right to demand the opening of negotiations between central management and the employees ' representatives, such a right to information constituting a necessary prerequisite for determining whether a Community-scale undertaking or group of undertakings exists, which is itself a condition precedent for the setting up of a European Works Council or of a transnational procedure for informing and consulting employees ( Bofrost* , paragraphs 32 and 33). | 35 As far as companies or firms are concerned, their corporate seat, in the sense expressed above, serves to determine, like nationality for natural persons, their connection to a Member State's legal order (see ICI, cited above, paragraph 20, and the case-law cited there). | 0 |
4,258 | 40. It follows from the judgment in Commission v Germany that the words ‘with complete independence’ in the second subparagraph of Article 28(1) of Directive 95/46 must be given an autonomous interpretation, independent of Article 267 TFEU, based on the actual wording of that provision and on the aims and scheme of Directive 95/46 (see Commission v Germany , paragraphs 17 and 29). | 24. However, while the establishment and application of those rules falls within the competence of the Member States, the latter must none the less exercise that competence in accordance with European Union law (see, to that effect, the judgment of 12 November 2009 in Case C‑154/08 Commission v Spain , paragraph 121 and the case-law cited). In particular, they may not render the implementation of European Union law impossible or excessively difficult (see, to that effect, Case C‑298/96 Oelmühle and Schmidt Söhne [1998] ECR I‑4767, paragraphs 23 and 24 and the case‑law cited) and, specifically, in the area of competition law, they must ensure that the rules which they establish or apply do not jeopardise the effective application of Articles 101 TFEU and 102 TFEU (see, to that effect, VEBIC , paragraph 57). | 0 |
4,259 | 7 It should be pointed out that, as the Court has consistently held ( see, most recently, the judgment in Case C-158/88 Commission v Ireland [1990] ECR I-2367, paragraph 7 ), in the area in question Member States are left with only the restricted power given to them by the actual provisions of the directive in question . No provision is made in those directives for laying down quantitative limits for goods not expressly referred to in Article 4(1 ) of Directive 69/169 . | 20 Next, it should be recalled that the rules set out above are justified by the need to facilitate the movement of goods across the Community' s internal frontiers, which is one of the basic principles of the common market . Providing those on whom the burden of proof normally falls with a standard and simple means of proving the Community status of goods, combined with the possibility of producing such proof even after the frontier has been crossed, is consistent with that purpose and cannot therefore be regarded as contrary to Articles 9 and 10 of the EEC Treaty . | 0 |
4,260 | 26. The VAT Directive, which seeks to establish a common system of VAT, confers a very wide scope on VAT. In order to ensure the uniform application of that directive, it is important that the terms which define that scope, such as the terms ‘taxable transactions’, ‘taxable persons’ and ‘economic activities’, are interpreted in an autonomous and uniform manner, regardless of the purpose and results of the transactions concerned (see, to that effect, judgment in Halifax and Others , C‑255/02, EU:C:2006:121, paragraphs 48 to 56). | 61. Afin qu’une mesure nationale restreignant une liberté de circulation garantie par le traité puisse être justifiée par des motifs de lutte contre la fraude et l’évasion fiscales, le but spécifique d’une telle restriction doit être de faire obstacle à des comportements consistant à créer des montages purement artificiels, dépourvus de réalité économique, dans le but d’éluder l’impôt normalement dû sur les bénéfices générés par des activités réalisées sur le territoire national (voir, en ce sens, arrêts précités Cadbury Schweppes et Cadbury Schweppes Overseas, point 55; Test Claimants in the Thin Cap Group Litigation, point 74, ainsi que SIAT, point 40). | 0 |
4,261 | 41. The Court, first of all, invited the national court to determine whether the home‑delivery schemes constituted a separate market ( Bronner , paragraph 34), on which, in light of the circumstances of the case, the press undertaking held a de facto monopoly position and, thus, a dominant position (paragraph 35). It then invited the national court to determine whether the refusal by the owner of the only nationwide home-delivery scheme in a Member State, which used that scheme to distribute its own daily newspapers, to allow the publisher of a rival daily newspaper access to it deprived that competitor of a means of distribution judged essential for the sale of its newspaper (paragraph 37). | 36. In that regard, it follows from settled case-law that Member States may adopt rules for the application of a regulation if they do not obstruct its direct applicability and do not conceal its Community nature, and if they specify that a discretion granted to them by that regulation is being exercised, provided that they adhere to the parameters laid down under it ( Danske Svineproducenter , paragraph 41 and the case-law cited). | 0 |
4,262 | 42. As regards, in the fifth place, the circumstances which result in the loss of the rights conferred by the first paragraph of Article 7 of Decision No 1/80 on members of a Turkish worker’s family who fulfil the conditions laid down in that paragraph, it is also settled case-law that there can be only two kinds of restrictions on those rights, namely, either a restriction based on the fact that the presence of the Turkish migrant in the host Member State constitutes, on account of his personal conduct, a genuine and serious threat to public policy, public security or public health, in accordance with Article 14(1) of that decision, or a restriction based on the fact that the person concerned has left the territory of that State for a significant length of time without legitimate reason (see, inter alia, Er , paragraph 30, and Altun , paragraph 62). | 33 As regards the increase in sickness insurance contributions, however, the Austrian Government itself acknowledges that this was decided on in order to compensate for the reduction of the contributory financial transfers from pension insurance to the sickness insurance institutions, that reduction in turn being intended to reduce to a proper level the federal contribution to pension insurance so as to release the necessary resources for financing the new care allowance. The financing of that benefit was therefore made possible, without altering sickness, old-age and accident benefits, by means of increasing sickness insurance contributions. The link, albeit indirect, with sickness insurance contributions is all the stronger in that the abstraction of resources from sickness insurance is made from the contributory portion of receipts. Care allowance is therefore contributory in character. | 0 |
4,263 | 71. In addition, the margin for manoeuvre which the Member States are recognised as having must not be used by them in a manner which would compromise attainment of the objective of Directive 2004/38, which is, inter alia, to facilitate and strengthen the exercise of Union citizens’ primary right to move and reside freely within the territory of the Member States, and the practical effectiveness of that directive (see, by analogy, Chakroun , paragraphs 43 and 47). | 101. In paragraph 474 of the judgment under appeal, the Court of First Instance held that "the taking into account of the turnover achieved by each undertaking during the reference year, that is to say, the last complete year of the period of infringement found, enabled the Commission to assess the size and economic power of each undertaking and the scale of the infringement committed by each of them, those aspects being relevant for an assessment of the gravity of the infringement committed by each undertaking (see [Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825], paragraphs 120 and 121)." | 0 |
4,264 | 27
In addition, it is clear from the development of the EU legislation concerning compulsory insurance that the objective of protecting the victims of accidents caused by those vehicles has continuously been pursued and reinforced by the EU legislature (see, to that effect, judgments of 4 September 2014, Vnuk, C‑162/13, EU:C:2014:2146, paragraphs 52 to 55, and of 28 November 2017, Rodrigues de Andrade, C‑514/16, EU:C:2017:908, paragraph 33). | 43 That being the case, it must be reiterated first of all that the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation is binding on all the authorities of Member States, including, for matters within their jurisdiction, the courts. It follows that, when applying national law, whether adopted before or after the directive, the national court having to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (see the judgments in Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret [1993] ECR I-6911, paragraph 20; and in Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26). | 0 |
4,265 | 18. Ainsi, la Cour a dit pour droit, dans lesdits arrêts, que l’article 39, paragraphe 4, CE doit être interprété en ce sens qu’il n’autorise un État membre à réserver à ses ressortissants les emplois de capitaine et de second des navires battant son pavillon qu’à la condition que les prérogatives de puissance publique attribuées aux capitaines et aux seconds de ces navires soient effectivement exercées de façon habituelle et ne représentent pas une part très réduite de leurs activités (voir également, en ce sens, arrêt du 11 mars 2008, Commission/France, C‑89/07, point 14). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
4,266 | 9 By contrast, the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment, so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States (Keck and Mithouard, paragraph 16). | 5. By letter of 30 December 1999, that municipality informed Coname that, by decision of 21 December 1999, the municipal council had entrusted the service covering the management, distribution and maintenance of the methane gas distribution installations for the period from 1 January 2000 to 31 December 2005 to Padania. The latter company’s share capital is predominantly public, held by the province of Cremona and almost all the municipalities of that province. The Comune di Cingia de’ Botti holds a 0.97% share in the capital of that company. | 0 |
4,267 | 38. Il convient de rappeler que, dans le cadre d’une procédure en manquement en vertu de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, en ce sens, arrêts Commission/Italie, C‑297/08, EU:C:2010:115, point 101 et jurisprudence citée, ainsi que Commission/Grèce, C‑677/13, EU:C:2014:2433, point 57 et jurisprudence citée). | 35 This means that, where such discrimination has been suffered, equal treatment is to be achieved by placing the worker discriminated against in the same situation as that of workers of the other sex. | 0 |
4,268 | 48 In contrast, the trade mark proprietor may oppose the repackaging if it is based solely on the parallel importer's attempt to secure a commercial advantage (see, to that effect, Upjohn, paragraph 44). | 59. It should be noted in that regard that, according to settled case-law, the statement of the reasons on which a judgment is based must clearly and unequivocally disclose the General Court’s thinking, so that the persons concerned can be apprised of the justification for the decision taken and the Court of Justice can exercise its power of review (see Case C‑202/07 P France Télécom v Commission [2009] ECR I‑2369, paragraph 29 and the case-law cited). | 0 |
4,269 | 54. As regards, lastly, the fact that, under the provisions of a DTC, an increase in taxable profits resulting from a re-characterisation of interest may be matched by a corresponding reduction in taxable profits in the State in which the lending company is resident, it is true that, since the tax regime resulting from a DTC forms part of the legal framework applying in the main proceedings and has been presented as such by the national court, the Court must take it into account in order to provide an interpretation of Community law that is relevant to the national court (see, to that effect, Case C-319/02 Manninen [2004] ECR I‑7477, paragraph 21; Case C-265/04 Bouanich [2006] ECR I-923, paragraphs 51 to 55; Test Claimants in Class IV of the ACT Group Litigation , paragraph 71; and Case C-170/05 Denkavit Internationaal and Denkavit France [2006] ECR I-0000, paragraph 45). | 26. In that regard, it should be noted that the European Union legislature has taken the view, in accordance with the fourth recital in the preamble to Directive 91/439, that it was necessary, on road safety grounds, for the minimum requirements for the issue of a driving licence to be laid down. Those minimum requirements include, under Article 7(1)(b) of that directive, that of residence, according to which the issue of a driving licence is subject to normal residence in the territory of the Member State issuing the licence, or to evidence of having been studying there for at least six months. | 0 |
4,270 | 23. According to Article 3(1)(b) of Directive 89/104, the distinctive character of a mark must be assessed in relation to the goods or services in respect of which registration is applied for and in relation to the perception of the relevant consumers (see Case C-299/99 Philips [2002] ECR I-5475, paragraphs 59 and 63, and Case C-218/01 Henkel [2004] ECR I-0000, paragraph 50). | 11. Ambisig submitted a tender under the tendering procedure at issue in the main proceedings. In its preliminary report, the selection board for the procedure ranked Iberscal in first place. | 0 |
4,271 | 40
The Member States are therefore free to set the objectives of their policy on betting and gambling and, where appropriate, to define in detail the level of protection sought. However, the restrictive measures that the Member States impose must satisfy the conditions laid down in the case-law of the Court as regards inter alia their justification by overriding reasons in the general interest and their proportionality (see, to that effect, judgment of 8 September 2009, Liga Portuguesa de Futebol Profissional and Bwin International, C‑42/07, EU:C:2009:519, paragraph 59 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,272 | 92. Il convient de relever, par ailleurs, que, conformément à la jurisprudence de la Cour (voir, notamment, arrêt du 8 mars 1988, Apple and Pear Development Council, 102/86, Rec. p. 1443, point 12), la notion de «prestation de services effectuée à titre onéreux», au sens de l’article 2, point 1, de la sixième directive, suppose l’existence d’un lien direct entre le service rendu et la contre-valeur reçue. | 23 The Court does not give a preliminary ruling on a question raised by a national court where, inter alia, the interpretation of Community law or the examination of the validity of a rule of Community law sought by the national court bears no relation to the actual nature of the case or to the subject-matter of the main action (see Case 126/80 Salonia v Poidomani and Giglio [1981] ECR 1563, paragraph 6; Durighello, cited above, paragraph 9; and Case C-343/90 Lourenço Dias v Director da Alfândega do Porto [1992] ECR I-4673, paragraph 18). | 0 |
4,273 | 27 Although the Court held in Case C-280/93 Germany v Council [1994] ECR I-4973, paragraphs 103 to 112, that the GATT rules do not have direct effect and that individuals cannot rely on them before the courts, it held in the same judgment that that does not apply where the adoption of the measures implementing obligations assumed within the context of the GATT is in issue or where a Community measure refers expressly to specific provisions of the general agreement. In such cases, as the Court held in paragraph 111 of that judgment, the Court must review the legality of the Community measure in the light of the GATT rules. | 78 Moreover, the interest for late payment claimed by the Commission has its basis in Article 11 of Regulation No 1552/89. As the Commission rightly pointed out, the default interest is payable regardless of the reason for the delay in making the entry in the Commission's account (see, in particular, Commission v Italy, cited above, paragraph 12). | 0 |
4,274 | 21. Directive 2003/88 defines its scope broadly, in that, as is clear from Article 1(3), it applies to all sectors of activity, both public and private, within the meaning of Article 2(1) of Directive 89/391, with the exception of certain specific sectors which are expressly listed (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 45). | 42. Il y a lieu également de rappeler que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir arrêts Commission/France, C-193/12, EU:C:2013:394, point 21, et Commission/Espagne, C-67/12, EU:C:2014:5, point 31). | 0 |
4,275 | 20. Moreover, where capital goods are used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating those goods wholly to the assets of his business, (ii) retaining them wholly within his private assets, thereby excluding them entirely from the system of VAT, or (iii) integrating them into his business only to the extent to which they are actually used for business purposes (judgment in Charles and Charles-Tijmens , C-434/03, EU:C:2005:463, paragraph 23). Thus, such property may be excluded from the VAT system even if it is used partially for the needs of the economic activity of the taxable person, who is then, however, deprived of any right of deduction (judgment in Bakcsi , C-415/98, EU:C:2001:136, paragraph 27). | 46 The reply to the third question must therefore be that Community law does not enable individuals to rely before the courts or tribunals of an EFTA State which has acceded to the European Union on rights derived directly from Directive 80/987, or for that State to be held liable for damage caused to them by failure to transpose the directive correctly, where the events which give rise to the operation of the guarantee provided for in the directive occurred prior to the date of accession.
Costs | 0 |
4,276 | 38. Il ne saurait être nié que l’objectif de garantir la sécurité de l’approvisionnement en énergie en cas de crise, sur le territoire de l’État membre en cause, peut constituer une raison de sécurité publique (voir arrêts du 4 juin 2002, Commission/France, C‑483/99, Rec. p. I‑4781, point 47, et Commission/Belgique, précité, point 46) et justifier, éventuellement, une entrave à la libre circulation des capitaux. | 36 Suffice it to say, in that respect, that in addition to the fact that the amount of the allowance is determined in accordance with the provisions governing old-age benefits, recipients of adaptation allowances are not required to register as job-seekers, to keep themselves available on the employment market, or to refrain from undertaking an activity as an employed or self-employed person the income from which exceeds a specified ceiling. | 0 |
4,277 | 61. It is true that those objectives — the reduction of betting and gaming opportunities, and the combating of criminality by making the operators active in the sector subject to control and channelling betting and gaming into the systems thus controlled — are among those recognised by case‑law as capable of justifying restrictions on fundamental freedoms in the betting and gaming sector ( Placanica and Others , paragraphs 46 and 52). | Les termes employés pour désigner lesdites exonérations sont d’interprétation stricte, étant donné que celles-ci constituent
des dérogations au principe général, résultant de l’article 2 de la directive 2006/112, selon lequel la TVA est perçue sur
chaque prestation effectuée à titre onéreux par un assujetti. Toutefois, cette règle d’interprétation stricte ne signifie
pas que les termes utilisés pour définir les exonérations visées à l’article 132 de cette directive doivent être interprétés
d’une manière qui priverait celles-ci de leurs effets (voir, en ce sens, arrêt Město Žamberk, C‑18/12, EU:C:2013:95, point
19 et jurisprudence citée). | 0 |
4,278 | 44 It follows that the members of the CNSD cannot be characterised as independent experts (see, to that effect, Case C-185/91 Reiff [1993] ECR I-5801, paragraphs 17 and 19; Case C-153/93 Delta Schiffahrts- und Speditionsgesellschaft [1994] ECR I-2517, paragraphs 16 and 18; and Joined Cases C-140/94 to C-142/94 DIP and Others [1995] ECR I-3257, paragraphs 18 and 19) and that they are not required, under the law, to set tariffs taking into account not only the interests of the undertakings or associations of undertakings in the sector which has appointed them but also the general interest and the interests of undertakings in other sectors or users of the services in question (judgments cited above, Reiff, paragraphs 18 and 24; Delta Schiffahrts- und Speditionsgesellschaft, paragraph 17; and DIP and Others, paragraph 18). | 10 SECONDLY , IT FOLLOWS FROM THE RELATIONSHIP BETWEEN THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 THAT THE COURTS OR TRIBUNALS REFERRED TO IN THE THIRD PARAGRAPH HAVE THE SAME DISCRETION AS ANY OTHER NATIONAL COURT OR TRIBUNAL TO ASCERTAIN WHETHER A DECISION ON A QUESTION OF COMMUNITY LAW IS NECESSARY TO ENABLE THEM TO GIVE JUDGMENT . ACCORDINGLY , THOSE COURTS OR TRIBUNALS ARE NOT OBLIGED TO REFER TO THE COURT OF JUSTICE A QUESTION CONCERNING THE INTERPRETATION OF COMMUNITY LAW RAISED BEFORE THEM IF THAT QUESTION IS NOT RELEVANT , THAT IS TO SAY , IF THE ANSWER TO THAT QUESTION , REGARDLESS OF WHAT IT MAY BE , CAN IN NO WAY AFFECT THE OUTCOME OF THE CASE .
| 0 |
4,279 | 21. The measures which the Member States are required to take for the implementation of Article 7(3) of Directive 76/768 must however be consistent with the principle of proportionality (see, to that effect, Unilever , paragraph 27; Estée Lauder , paragraph 26, and Linhart and Biffl , paragraph 26). | 11 The directive thus gives two definitions of medicinal products: a definition of medicinal products "by virtue of their presentation" and a definition of medicinal products "by virtue of their function". A product is a medicinal product if it falls within either of those definitions. | 0 |
4,280 | 47
It should be recalled here that the provisions of the FEU Treaty on the freedom of establishment, the freedom to provide services and the free movement of capital do not apply to a situation which is confined in all respects within a single Member State (see, to that effect, judgments of 20 March 2014, Caixa d’Estalvis i Pensions de Barcelona, C‑139/12, EU:C:2014:174, paragraph 42 and the case-law cited, and of 30 June 2016, Admiral Casinos & Entertainment, C‑464/15, EU:C:2016:500, paragraph 21 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,281 | 95. It is settled case-law that the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. The Court has stated that in this context the term ‘undertaking’ must be understood as designating an economic unit even if in law that economic unit consists of several natural or legal persons, and that when such an economic entity infringes the competition rules, it is for that entity, according to the principle of personal responsibility, to answer for that infringement (Case C‑90/09 P General Química and Others v Commission [2011] ECR I‑0000, paragraphs 34 to 36 and the case-law cited). | 11IT FOLLOWS THAT THE FAMILY BENEFITS OR ALLOWANCES WERE NOT ' ' PAYABLE ' ' UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY WERE RESIDING .
| 0 |
4,282 | 12. On this point it must be borne in mind that the Court may, of its own motion, on a proposal from the Advocate General or at the request of the parties, order that the oral procedure should be reopened in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see, inter alia, Case C-299/99 Philips [2002] ECR I-5475, paragraph 20; Case C-184/01 P Hirschfeldt v AEE [2002] ECR I-10173, paragraph 30, and Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-0000, paragraph 19). | 32. Selon une jurisprudence constante, dans le cadre d’un recours en manquement, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts du 25 mai 1982, Commission/Pays-Bas, 96/81, Rec. p. 1791, point 6; du 26 juin 2003, Commission/Espagne, C‑404/00, Rec. p. I‑6695, point 26, et du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 26). | 0 |
4,283 | 45
In accordance with settled case-law, the interpretation which the Court, in the exercise of the jurisdiction conferred upon it by Article 267 TFEU, gives to a rule of EU law clarifies and, where necessary, defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the date of its coming into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships arising and established before the delivery of the judgment ruling on the request for interpretation, provided that in other respects the conditions under which an action relating to the application of that rule may be brought before the courts having jurisdiction are satisfied (see judgments of 2 February 1988 in Blaizot and Others, 24/86, EU:C:1988:43, paragraph 27; 10 January 2006 in Skov and Bilka, C‑402/03, EU:C:2006:6, paragraph 50; and of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 53). | 112. Although an undertaking may apply for registration of a mark in respect of all the goods or services falling within such a class, nothing in the Directive prohibits it from seeking registration solely in respect of only some of those goods or services. | 0 |
4,284 | 95. In accordance with the case-law of the Court, the concept of independence, which is inherent in the task of adjudication, implies above all that the bod y in question acts as a third party in relation to the authority which adopted the contested decision (Case C-516/99 Schmid [2002] ECR I-4573, paragraph 36, and RTL Belgium , paragraph 38). | 50 It follows that two claims in one action for compensation, directed against different defendants and based in one instance on contractual liability and in the other on liability in tort or delict cannot be regarded as connected. | 0 |
4,285 | 34 As the French Government and the Commission have already pointed out, the Court has held, in paragraphs 19 and 20 of its judgment in Commission v France, cited above, that the supplementary retirement pension schemes introduced under agreements concluded by the competent authorities with trade or inter-trade bodies, trade-union organisations or individual undertakings or under collective agreements concluded by both sides of industry, membership of which has been rendered compulsory by Article L 731-5 of the Social Security Code, do not constitute legislation within the meaning of the first subparagraph of Article 1(j) of Regulation No 1408/71. | 31. En effet, le choix du moment le plus opportun pour interroger la Cour par voie préjudicielle est de la compétence exclusive du juge national (voir, notamment, arrêts du 30 mars 2000, JämO, C‑236/98, Rec. p. I‑2189, points 30 et 31, ainsi que du 7 janvier 2004, X, C‑60/02, Rec. p. I‑651, point 28 et jurisprudence citée). | 0 |
4,286 | 35. So far as the purpose of Directive 93/104 is concerned, it is apparent from Article 118a of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC), which is the legal basis for that directive, from the first, fourth, seventh and eighth recitals in the preamble thereto, from the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council held at Strasbourg on 9 December 1989, mentioned in Article 136 EC, point 8 and the first subparagraph of point 19 of which are referred to in the fourth recital in the preamble to the directive, and also from the express wording of Article 1(1) of the directive, that the latter’s purpose is to lay down minimum requirements intended to improve the living and working conditions of workers through approximation of national provisions concerning, in particular, the duration of working time (see, inter alia, Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 37, and Case C‑14/04 Dellas and Others [2005] ECR I-10253, paragraph 40). | 25. At the outset it should be recalled that, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, Case C-264/96 ICI [1998] ECR I-4695, paragraph 19, Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19, and Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 32). | 0 |
4,287 | 48. It should, however, be pointed out that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under European Union law (see, inter alia, Case C‑568/07 Commission v Greece [2009] ECR I‑4505, paragraph 50, and Commission v Greece , cited above, paragraph 36). | 9. It therefore appears that Article 9(1)(c) of the Directive permits authorisation, in compliance with the conditions set out in that provision, of the capture, keeping or other judicious use of certain birds during the periods mentioned in Article 7(4) of the Directive, during which the survival of wild birds is at particular risk. | 0 |
4,288 | 45 According to settled case-law, Article 30 is designed to prohibit all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 70. However, neither Article 190 EC nor the 1976 Act defines expressly and precisely who are to be entitled to the right to vote and to stand as a candidate in elections to the European Parliament. In themselves, those provisions do not exclude, therefore, a person who is not a citizen of the Union, such as a QCC resident in Gibraltar, from being entitled to the right to vote and stand for election. However, it must be ascertained whether there is, as the Kingdom of Spain submits, a clear link between citizenship of the Union and the right to vote and stand for election which requires that that right be always limited to citizens of the Union. | 0 |
4,289 | 40
As regards the condition of the existence of a threat to public security, it must be observed that, in contrast inter alia to Article 27(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 7, and corrigenda OJ 2004 L 229, p. 35, and OJ 2005 L 197, p. 34), which requires that a measure taken in the name of public security must be based exclusively on the personal conduct of the individual concerned and that that conduct must represent a ‘genuine, present and sufficiently serious threat’ to that fundamental interest of society (see, inter alia, judgments of 22 May 2012, I, C‑348/09, EU:C:2012:300, paragraph 30; of 13 September 2016, Rendón Marin, C‑165/14, EU:C:2016:675, paragraph 84; and of 13 September 2016, CS, C‑304/14, EU:C:2016:674, paragraph 40), it is apparent from Article 6(1)(d) of Directive 2004/114, read in the light of recital 14 of that directive, that the admission of a third country national may be refused if the national authorities competent to process that national’s application for a visa consider, on the basis of an assessment of the facts, that he is a threat, if only ‘potential’, to public security. That assessment may thus take into account not only the personal conduct of the applicant but also other elements relating, in particular, to his professional career. | 40
In this context, it must be held that, where the expulsion decision is founded on the existence of a genuine, present and sufficiently serious threat to the requirements of public policy or of public security, in view of the criminal offences committed by a third-country national who is the sole carer of children who are Union citizens, that decision could be consistent with EU law. | 1 |
4,290 | 39. In addition, as the Court has repeatedly held in situations of discrimination contrary to Community law, for as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category. In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category (Case C‑408/92 Avdel Systems [1994] ECR I‑4435, paragraphs 16 and 17; Case C‑442/00 Rodríguez Caballero [2002] ECR I‑11915, paragraphs 42 and 43, and Case C‑81/05 Cordero Alonso [2006] ECR I‑7569, paragraphs 45 and 46). | 9 THE COMMISSION THEREFORE HAD POWER TO DECIDE WHETHER THE FRENCH REPUBLIC SHOULD ABOLISH OR ALTER THE DISPUTED SYSTEM OF AID AS A WHOLE .
THE SECOND SUBMISSION | 0 |
4,291 | 46. That interpretation is not weakened by the judgments in Heininger and Schulte or in Case C‑229/04 Crailsheimer Volksbank [2005] ECR I‑9273. It can be seen from paragraphs 16 and 18 of Heininger , paragraph 26 of Schulte and paragraph 24 of Crailsheimer Volksbank that the interpretation of the doorstep selling directive provided by the Court in those judgments concerns loan contracts which had not been fully performed. However, that is not the position in the case before the referring court. | 10 With regard to the substance of the question submitted for a preliminary ruling, it also follows from settled case-law that the provisions of the Treaty on freedom of establishment do not apply to purely internal situations in a Member State such as a situation where nationals of a Member State engage within its territory in a self-employed activity in respect of which they cannot rely on any previous training or experience acquired in another Member State (judgment in Joined Cases C-54/88, C-91/88 and C-14/89 Nino and Others [1990] ECR I-3537). | 0 |
4,292 | 17. The issue of whether the Granton cards are subject to VAT and of the possible calculation of that VAT depends on the legal and financial characteristics of those cards (see, to that effect, Case C‑427/98 Commission v Germany EU:C:2002:581, paragraph 57 and the case-law cited). Accordingly, although the questions raised by the referring court concern, inter alia, the issue of the possible exemption of the transaction consisting in the sale of such cards, it is necessary to determine, as a preliminary, the conditions governing the sale of those cards, in so far as those conditions have an effect on the identification of the taxable transaction and the assessment of the nature of that transaction. | 18. Although Member States are free to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, they are not entitled to make the very existence of that right subject to any preconditions whatsoever (see Schultz-Hoff and Others , paragraph 46). | 0 |
4,293 | 34. It should be emphasised that the wording of Article 13B(d)(1) of the Sixth Directive does not, in principle, preclude the activity of negotiation from being broken down into separate services which may then fall under the concept of ‘negotiation of credit’ for the purposes of that provision and benefit from the exemption for which it provides (see, to that effect: with regard to Article 13B(d)(3) of the Sixth Directive, SDC , paragraph 64; with regard to Article 13B(d)(5) of that directive, CSC Financial Services , paragraph 23; and with regard to Article 13B(d)(6) of that directive, Abbey National , paragraph 67). | 84. Ladite réglementation, dans la mesure où elle s’applique, en Région flamande et dans les autres parties du territoire belge, à des spécimens nés et élevés en captivité en provenance d’autres États membres et relevant d’espèces qui ne sont pas mentionnées à l’annexe A du règlement n° 338/97, est de nature à entraver le commerce intracommunautaire en violation de l’article 28 CE, en ce qu’elle contient une interdiction de principe de l’importation, de la détention et de la vente desdits spécimens, bien qu’ils aient été légalement mis sur le marché dans un autre État membre (voir en ce sens, notamment, arrêts précités Tridon, point 49, ainsi que Nationale Raad van Dierenkwekers en Liefhebbers et Andibel, points 20 et 21). | 0 |
4,294 | 41. Such assessments of fact are within the jurisdiction of the referring court in the procedure established in Article 267 TFEU (see, to that effect, Case 104/77 Oehlschläger [1978] ECR 791, paragraph 4; Case C‑30/93 AC‑ATEL Electronics Vertriebs [1994] ECR I‑2305, paragraphs 16 and 17; and Case C‑318/98 Fornasar and Others [2000] ECR I‑4785, paragraphs 31 and 32).
Questions 1 to 4 in Case C‑621/10 and Questions 1 to 5 in Case C‑129/11 | 4UNDER ARTICLE 177 OF THE TREATY , WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE , THE LATTER IS EMPOWERED ONLY TO GIVE RULINGS ON THE INTERPRETATION OR THE VALIDITY OF A COMMUNITY PROVISION ON THE BASIS OF THE FACTS WHICH THE NATIONAL COURT PUTS BEFORE IT .
TO VERIFY WHETHER SUCH FACTS ARE CORRECT IS NOT WITHIN THE COMPETENCE OF THE COURT OF JUSTICE , AND IS A MATTER FOR THE NATIONAL COURT .
| 1 |
4,295 | 24 The Court has thus recognised, for example, that sex may be a determining factor for posts such as those of prison warders and head prison warders (Case 318/86 Commission v France [1988] ECR 3559, paragraphs 11 to 18), or for certain activities such as policing activities where there are serious internal disturbances (Johnston, paragraph 37). | 56. Such conduct may, in itself, constitute an independent form of abuse distinct from that of refusal to supply. | 0 |
4,296 | 42 It is true that the concept of aid has been interpreted by the Court as not encompassing differential treatment of undertakings in the application of charges, where that differential treatment flows from the nature and general scheme of the system of charges in question (see, to that effect, Case 173/73 Italy v Commission [1974] ECR 709, paragraph 15; Joined Cases C-72/91 and C-73/91 Sloman Neptun [1993] ECR I-887, paragraph 21; and Case C-390/98 Banks [2001] ECR I-6117, paragraph 33). | 25
It must be remembered, first of all, that the VAT Directive establishes a common system of VAT based on, inter alia, a uniform definition of taxable transactions (judgment of 20 June 2013, Newey, C‑653/11, EU:C:2013:409, paragraph 39). | 0 |
4,297 | 18 As the Court has already made clear, the last-mentioned condition is of particular importance where the directive in question is intended to accord rights to nationals of other Member States (Case C-365/93, cited above, paragraph 9). That is the position in the present case, it being one of the aims of the Directive, according to the sixth recital in its preamble, to safeguard the citizen in his role as consumer when acquiring goods and services under contracts which are governed by the laws of Member States other than his own. | 56 To the extent that the legislation in issue involves restrictions on freedom of establishment, such restrictions are a direct consequence of the obstacles to the free movement of capital considered above, to which they are inextricably linked. Consequently, since an infringement of Article 73b of the Treaty has been established, there is no need for a separate examination of the measures at issue in the light of the Treaty rules concerning freedom of establishment. | 0 |
4,298 | 35
Moreover, contrary to the Commission’s submissions, the fact that the measure is attributable to the Member State concerned, as established in paragraph 22 above, does not mean that it may be inferred that that Member State exercises a dominant influence over an undertaking in which it is the majority shareholder, within the meaning of the judgment of 16 May 2002, France v Commission (C‑482/99, EU:C:2002:294, paragraphs 38 and 39). There is nothing in the State’s conduct as legislator to suggest that it exercised such influence in its capacity as majority shareholder in an undertaking. | 38 For the purposes of Article 21 of the Convention, the "cause of action" comprises the facts and the rule of law relied on as the basis of the action. | 0 |
4,299 | 33. It should be recalled, first of all, that it is settled case-law that, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the notes to the sections or chapters (see, in particular, Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 13; Case C-495/03 Intermodal Transports [2005] ECR I-8151, paragraph 47; Case C-445/04 Possehl Erzkontor [2005] ECR I-10721, paragraph 19; and Case C-500/04 Proxxon [2006] ECR I-1545, paragraph 21). | 36. In that regard, the fact that the beneficiary of the agri-environmental aid continued to fulfil the other conditions for the grant of that aid, and in particular his obligations relating to the use of the areas concerned, cannot prevent the exclusion from the benefit of that aid to which failure to comply with one of those conditions gives rise. The grant of that aid is subject to compliance with all of the eligibility conditions throughout the duration of the agri-environmental project to which that beneficiary has committed, with the result that failure to comply with one of those conditions is sufficient, in itself, to give rise to that exclusion. | 0 |
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