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4,300 | 53. According to the case-law of the Court, the legality of the employment of a Turkish national in the host Member State presupposes a stable and secure situation as a member of the labour force of that Member State and implies, by virtue of that situation, an undisputed right of residence (Case C-192/89 Sevince [1990] ECR I-3461, paragraph 30, and Case C-4/05 Güzeli [2006] ECR I-10279, paragraph 38). | 68
In addition, with regard to the importance of the relationship of trust which must prevail between a dentist and his patient, the protection of the dignity of the profession of dentist may also be regarded as being capable of constituting such an overriding reason in the public interest. | 0 |
4,301 | 30. In order to provide the referring court with a comprehensive answer, it should also be recalled that it has been consistently held that a directive cannot of itself impose obligations on an individual and that a provision of a directive cannot therefore be relied on as such against that individual (see Joined Cases C‑74/95 and C‑129/95 X [1996] ECR I‑6609, paragraphs 23 to 25, and Joined Cases C‑387/02, C-391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 73 and 74). | 47. Cependant, la Cour a également jugé que les exigences de la sécurité publique doivent, notamment en tant que dérogation au principe fondamental de la libre circulation des capitaux, être entendues strictement, de sorte que leur portée ne saurait être déterminée unilatéralement par chacun des États membres sans contrôle des institutions de la Communauté européenne. Ainsi, la sécurité publique ne saurait être invoquée qu’en cas de menace réelle et suffisamment grave, affectant un intérêt fondamental de la société (voir, notamment, arrêt du 14 mars 2000, Église de scientologie, C‑54/99, Rec. p. I‑1335, point 17). | 0 |
4,302 | 44. It follows from the first and second indents of Article 17 of Directive 2004/35, read in conjunction with recital 30 thereto, that the directive applies only to damage caused by an emission, event or incident which took place on or after 30 April 2007, where the damage derives from activities which took place on or after that date or from activities which took place before that date, but were not brought to completion before that date (see, to that effect, judgments in ERG and Others , EU:C:2010:126, paragraphs 40 and 41; ERG and Others , EU:C:2010:127, paragraph 34; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 32). | 47. Where an appellant challenges the interpretation or application of EU law by the General Court, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose (see, inter alia, judgment of 9 June 2011 in Joined Cases C‑465/09 P to C‑470/09 P Diputación Foral de Vizcaya and Others v Commission , not published in the ECR, paragraph 79). | 0 |
4,303 | 50. It is true that, as regards the Union, the treaties have established a system of legal remedies in which, by virtue of Article 35 EU, the jurisdiction of the Court is less extensive under Title VI of the Treaty on European Union than it is under the EC Treaty (see, to this effect, Case C-105/03 Pupino [2005] ECR I‑5285, paragraph 35). It is even less extensive under Title V. While a system of legal remedies, in particular a body of rules governing non-contractual liability, other than that established by the treaties can indeed be envisaged, it is for the Member States, should the case arise, to reform the system currently in force in accordance with Article 48 EU. | 69. Moreover, it is apparent from the case‑law that to oblige the Commission to give to undertakings under investigation specific indications of the level of the contemplated fines at the stage of the statement of objections would in effect require it inappropriately to anticipate its final decision (see, to that effect, Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 21). | 0 |
4,304 | 48. Article 6(1) of Decision No 1/80 cannot, however, be construed as permitting a Member State to modify unilaterally the scope of the system of gradual integration of Turkish workers in the host Member State’s labour force by denying to a worker who has been permitted to enter its territory and who has lawfully pursued a genuine and effective economic activity for a continuous period of more than one year with the same employer the rights which the three indents of that provision confer on him progressively according to the duration of his employment (see Unal , paragraph 42 and the case‑law cited). | 28. En particulier, pour qu’un recours en annulation d’un acte, présenté par une personne physique ou morale, soit recevable, il faut que la partie requérante justifie de façon pertinente l’intérêt que présente pour elle l’annulation de cet acte (voir, en ce sens, arrêt De Gezamenlijke Steenkolenmijnen in Limburg/Haute Autorité, 30-59, EU:C:1961:2, p. 35). | 0 |
4,305 | 111. It is apparent from the case‑file that that argument did not expand on an argument raised previously, whether directly or by implication, in the original application which is closely connected to the original complaint. However, Articles 48(2) of the Rules of Procedure of the General Court provides that no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure (see, to that effect, the judgment of 12 November 2009 in Case C‑564/08 P SGL Carbon v Commission , not published in the ECR, paragraphs 20 to 34). | 54. Last, while the fact that the exercise of the special powers may be submitted to review by the national court, pursuant to Article 2(1)(a) to (c) of Decree-Law No 332/1994, is essential to the protection of persons having regard to the application of the rules on freedom of establishment, it cannot, on its own, suffice to make good the incompatibility with those rules of the criteria for the application of the special powers. | 0 |
4,306 | 24. The fact that, after its completion, the project may not have produced such effects is immaterial to that assessment. It is at the time of adoption of the decision authorising implementation of the project that there must be no reasonable scientific doubt remaining as to the absence of adverse effects on the integrity of the site in question (see, to that effect, Case C‑209/02 Commission v Austria [2004] ECR I‑1211, paragraphs 26 and 27, and Waddenvereniging and Vogelbeschermingsvereniging , paragraphs 56 and 59). | 194. The Court, proceeding on the basis of such an interpretation, has already held that a hotel proprietor carries out an act of communication when he gives his customers access to the broadcast works via television sets, by distributing in the hotel rooms, with full knowledge of the position, the signal received carrying the protected works. The Court has pointed out that such intervention is not just a technical means to ensure or improve reception of the original broadcast in the catchment area, but an act without which those customers are unable to enjoy the broadcast works, although physically within that area (see, to this effect, SGAE , paragraph 42). | 0 |
4,307 | 20. According to the Court’s case-law, in certain circumstances several formally distinct services, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent (Case C‑425/06 Part Service [2008] ECR I‑897, paragraph 51, and Case C‑392/11 Field Fisher Waterhouse [2012] ECR I‑0000, paragraph 15). | 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 |
4,308 | 37 Those amending provisions satisfy the two conditions which the Court requires to be fulfilled in order for national law to be compatible with primary Community law. These are that the incompatibility of national legislation with Community provisions, even directly applicable provisions, can be definitively remedied only by means of national provisions that are binding and have the same legal force as those that have to be modified (see, in particular, Case C-358/98 Commission v Italy, cited above, paragraph 17). | 43. In those circumstances, both the place of arrival and the place of departure of the aircraft must be considered, in the same respect, as the place of provision of the services which are the subject of an air transport contract. | 0 |
4,309 | 24
With regard to the purpose of the rule laid down in the first sentence of Article 33(2) of Regulation No 6/2002, it must be held that, having regard to what has been established in paragraphs 19 and 20 of the present judgment, the lack of effects, vis-à-vis third parties, of the legal acts referred to in Articles 28, 29 and 32 of that regulation which have not been entered in the register is intended to protect a person who has, or may have, rights in a Community design as an object of property. It follows that the first sentence of article 33(2) does not apply to a situation such as that in the main proceedings, in which the licence holder complains that a third party, by infringing the design, infringes the rights conferred by the registered Community design (see, by analogy, judgment of 4 February 2016 in Hassan, C‑163/15, EU:C:2016:71, paragraph 25). | 33. Furthermore, it is settled case-law that all measures which prohibit, impede or render less attractive the exercise of freedom of establishment must be regarded as constituting such restrictions (see Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 37; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; and Columbus Container Services , paragraph 34). | 0 |
4,310 | 17 Furthermore, the Court has consistently held that the general application, and thus the legislative nature, of a measure is not called in question by the fact that it is possible to determine more or less precisely the number or even the identity of the persons to whom it applies at any given time, as long as it is established that such application takes effect by virtue of an objective legal or factual situation defined by the measure in question in relation to its purpose (judgments in Case 6/68 Zuckerfabrik Watenstedt v Council [1968] ECR 409; Case 64/69 Compagnie française commerciale et financière v Commission [1970] ECR 221, paragraph 11; Case 242/81 Roquette Frères v Council [1982] ECR 3213, paragraph 7; Joined Cases 97/86, 193/86, 99/86 and 215/86 Asteris v Commission [1988] ECR 2181, paragraph 13; order in Fédération européenne de la santé animale, cited above, paragraph 29; Joined Cases C-15/91 and C-108/91 Buckl [1992] ECR I-6061, paragraph 25). | 37. In this respect, the welfare of the animals is liable to be endangered and can no longer be guaranteed once the provisions of Directive 91/628 concerning their health are no longer complied with. Also, in practice, it is not always possible for the competent authority to ascertain that the animals have actually suffered, or been injured, as a result of non‑compliance with those provisions (see, to that effect, Viamex Agrar Handels , paragraphs 48 and 49). | 0 |
4,311 | 45. On the other hand, the fact that an agreement, decision or concerted practice relates only to the marketing of products in a single Member State is not sufficient to exclude the possibility that trade between Member States might be affected (see Case 246/86 Belasco and Others v Commission [1989] ECR 1-2117, paragraph 33). An agreement, decision or concerted practice extending over the whole of the territory of a Member State has, by its very nature, the effect of reinforcing the partitioning of markets on a national basis, thereby holding up the economic interpenetration which the Treaty is designed to bring about (Case 8/72 Vereeniging van Cementhandelaren v Commission [1972] ECR 977, paragraph 29, Remia and Others v Commission , cited above, paragraph 22, and Case C‑35/96 Commission v Italy [1998] ECR I‑3851, paragraph 48). | 39. That argument must be applied to a body governed by public law which acts as a public authority at the time when it purchases capital goods. Since that body did not at that time act as a taxable person it does not have, in the same way as an individual acting in furtherance of his own needs, any right to deduct the VAT paid by it in respect of those goods. | 0 |
4,312 | 25 In Case 78/76 Steinike und Weinlig v German State [1977] ECR 595, at paragraphs 28 and 30, the Court held that any charge demanded at the time of or by reason of importation and imposed specifically on an imported product to the exclusion of a similar domestic product would have the same restrictive consequences on the free movement of goods as a customs duty and would thus be incompatible with Articles 9, 12 and 13 of the Treaty. If, however, the charge in question formed part of a general system of internal taxation applying systematically to domestic and imported products according to the same criteria, it might still infringe Article 95 if it affected domestic products and imported products differently in terms of rate, basis of assessment or method of levying. | 77. The ERM report of 1999 produced by the Commission indicates that 9.8% of the spring and summer nitrogen inputs into the Lorient roadstead, even in the period of green algal blooms, are of urban origin, which amounts to 374 tonnes. Under those conditions, the Commission is right to conclude that urban waste water discharges contribute significantly to eutrophication of the waters of the Lorient roadstead. | 0 |
4,313 | 15. For a tax, or part of a tax, to be regarded as forming an integral part of an aid measure, it must be hypothecated to the aid measure under the relevant national rules. In the event of such hypothecation, the revenue from the tax has a direct impact on the amount of the aid and, consequently, on the assessment of the compatibility of the aid with the common market (see, to that effect, Case 47/69 France v Commission [1970] 487, paragraphs 17, 20 and 21, and the judgment in SWNB , paragraph 26). | 12 As regards the first condition - an increase in the assets - it must be observed that the granting of an interest-free loan allows the company to have capital available without having to bear its cost. The resultant saving in interest leads to an increase in its assets by allowing the company to avoid expenditure which it would otherwise have to bear. | 0 |
4,314 | 45. In that regard, the training and employment of teaching staff and the application of a specific labour market policy which takes account of the specific situation of the staff in the discipline concerned, put forward by the University and the Bulgarian Government, may be consonant with the intention of allocating the posts for professors in the best possible way between the generations, in particular by appointing young professors. As regards the latter aim, the Court has already held that encouragement of recruitment undoubtedly constitutes a legitimate aim of Member States’ social or employment policy ( Palacios de la Villa , paragraph 65), in particular when the promotion of access of young people to a profession is involved (see, to that effect, Petersen , paragraph 68). Consequently, encouragement of recruitment in higher education by means of the offer of posts as professors to younger people may constitute such a legitimate aim. | 18 A transaction performed by a taxable person in a private capacity is not, therefore, subject to VAT. | 0 |
4,315 | 34. In the absence in Directive 2006/112 of a definition of the ‘supply of services by organisations recognised as being devoted to social wellbeing by Member States and engaged in welfare or social security work’ referred to in point 15 of Annex III, that concept should be interpreted in the light of its context within Directive 2006/112 (see, by analogy, Commission v Spain , paragraph 17, and Case C-3/09 Erotic Center [2010] ECR I‑0000, paragraph 14). | 29
It is settled case-law that national measures which are liable to hinder the exercise of fundamental freedoms guaranteed by the Treaty or make it less attractive may be allowed only if they pursue an objective in the public interest, are appropriate for ensuring the attainment of that objective and do not go beyond what is necessary to attain the objective pursued (see, inter alia, judgment of 12 September 2013 in Konstantinides, C‑475/11, EU:C:2013:542, paragraph 50). | 0 |
4,316 | 45
S’agissant de la notion d’«obligation non contractuelle», au sens de l’article 1er du règlement Rome II, il y a lieu de rappeler que la notion de «matière délictuelle ou quasi délictuelle», au sens de l’article 5, point 3, du règlement Bruxelles I, comprend toute demande qui vise à mettre en cause la responsabilité d’un défendeur et qui ne se rattache pas à ladite «matière contractuelle», au sens du point 1 de cet article 5 (arrêt ÖFAB, C‑147/12, EU:C:2013:490, point 32 et jurisprudence citée). Par ailleurs, il convient d’observer, ainsi qu’il découle de l’article 2 du règlement Rome II, que celui-ci s’applique aux obligations issues d’un dommage, à savoir de toute atteinte résultant d’un fait dommageable, d’un enrichissement sans cause, d’une gestion d’affaires ou d’une «culpa in contrahendo». | 34 Although the same provision requires that the rules be determined by the competent authorities, the requirements of full-time training listed under that point are sufficiently precise to enable the national court to determine which of the applicants in the main proceedings belonging to the category of trainee specialists fulfilled the requirements of full-time training in specialised medicine in accordance with the `coordination' directive and Directive 82/76 prior to the academic year 1991/92. | 0 |
4,317 | 90
On the other hand, the overriding reasons in the public interest recognised by the Court include environmental protection (see, to that effect, judgments of 11 March 2010, Attanasio Group, C‑384/08, EU:C:2010:133, paragraph 50 and the case-law cited, and of 24 March 2011, Commission v Spain, C‑400/08, EU:C:2011:172, paragraph 74). In particular, discouraging the leasing or rental of vehicles with heavy fuel consumption may have a public-interest objective (see, to that effect, judgment of 21 March 2002, Cura Anlagen, C‑451/99, EU:C:2002:195, paragraph 68). | 12 THE FACT THAT A TRANSITIONAL PROVISION IS APPLICABLE ONLY TO CERTAIN SITUATIONS ARISING BEFORE A DATE FIXED BY IT AND, THEREFORE, OFTEN ESTABLISHED BEFORE IT COMES INTO FORCE, DOES NOT PREVENT THAT PROVISION FROM BEING AN INTEGRAL PART OF THE FORMER AND NEW PROVISIONS WHICH IT IS DESIGNED TO RECONCILE AND, CONSEQUENTLY, FROM PARTAKING OF THEIR GENERAL NATURE . | 0 |
4,318 | 20. The Court has consistently held that a national rule which hinders the free movement of goods is not necessarily contrary to Community law if it may be justified by one of the public-interest grounds set out in Article 30 EC or by one of the overriding requirements laid down by the Court’s case-law where the national rules are applicable without distinction (see, to this effect, Case 120/78 Rewe-Zentral ( Cassis de Dijon ) [1979] ECR 649, paragraph 8, and Schwarz , paragraph 30). | 37. It is true that the case which gave rise to the judgment in Padawan (C‑467/08, EU:C:2010:620) specifically concerned Article 5(2)(b) of Directive 2001/29. However, in that judgment, the Court interpreted the concept of fair compensation using, inter alia, arguments based on recital 35 in the preamble to that directive which are valid for all the exceptions laid down in Article 5 thereof in respect of which fair compensation is required. The case-law laid down in that judgment, as mentioned in paragraph 36 above, must, therefore, be regarded as being equally relevant, mutatis mutandis , for the interpretation of Article 5(2)(a) of that directive (see, to that effect, VG Wort and Others , C‑457/11 to C‑460/11, EU:C:2013:426, paragraphs 73 and 77). | 0 |
4,319 | 17. In order to answer that question, it should be borne in mind, first, that, according to settled case-law, the provisions of Regulation No 44/2001 must be interpreted independently, by reference to its scheme and purpose (see, inter alia, Case C‑372/07 Hassett and Doherty [2008] ECR I-0000, paragraph 17, and Case C‑167/08 Draka NK Cables and Others [2009] ECR I-0000, paragraph 19). | 37 As regards, first, Article 6 of the Directive, which rules out the patentability of inventions whose commercial exploitation would be contrary to ordre public or morality, it is common ground that this provision allows the administrative authorities and courts of the Member States a wide scope for manoeuvre in applying this exclusion. | 0 |
4,320 | 53. National legislation which places certain of the nationals of the Member State concerned at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State is a restriction on the freedoms conferred by Article 21(1) TFEU on every citizen of the Union (see, inter alia, Grunkin and Paul , paragraph 21; Case C-221/07 Zablocka-Weyhermüller [2008] ECR I‑9029, paragraph 35; and Case C-544/07 Rüffler [2009] ECR I‑3389, paragraph 73). | 20. In that context, the regulation seeks to strengthen the legal protection of persons established in the Community, by enabling the plaintiff to identify easily the court in which he may sue and the defendant reasonably to foresee before which court he may be sued (see Reisch Montage , paragraphs 24 and 25). | 0 |
4,321 | 22
In that regard, it must be stated that it is clear from paragraphs 30 to 61 of the judgment of 7 June 2016 in Ghezelbash (C‑63/15) that Article 27(1) of Regulation No 604/2013, read in the light of recital 19 thereof, provides an asylum applicant with an effective remedy against a transfer decision made in respect of him, which may, inter alia, concern the examination of the application of that regulation and which may therefore result in a Member State’s responsibility being called into question, even where there are no systemic deficiencies in the asylum process or in the reception conditions for asylum applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union. | 57. Le fait que le régime particulier des agences de voyages constitue une exception aux règles de droit commun, de sorte que, en tant que telle, cette exception ne doit pas être étendue au-delà de ce qui est nécessaire pour atteindre les objectifs qu’elle poursuit (voir arrêt First Choice Holidays, précité, point 22), n’implique cependant pas qu’il faille adopter l’approche fondée sur le voyageur si celle-ci porte atteinte à l’effet utile de ce régime particulier. | 0 |
4,322 | 31. It is clear from paragraph 15 of the judgment in Case C‑391/92 Commission v Greece [1995] ECR I-1621 that rules which restrict the marketing of products to certain points of sale, and which have the effect of limiting the commercial freedom of economic operators, without affecting the actual characteristics of the products referred to, constitute a selling arrangement for the purposes of the case-law cited in paragraph 29 of this judgment. Therefore, the need to adapt the products in question to the rules in force in the Member State in which they are marketed prevents the abovementioned requirements from being treated as selling arrangements (see Canal Satélite Digital , paragraph 30). That is the case, inter alia, with regard to the need to alter the labelling of imported products (see, inter alia, Case C‑33/97 Colim [1999] ECR I‑3175, paragraph 37, and Case C‑416/00 Morellato [2003] ECR I‑9343, paragraphs 29 and 30). | 75. In that context, it must be pointed out that Article 3 aims to establish a fair balance between the interests of the consumer and the seller, by guaranteeing the consumer, as the weak party to the contract, complete and effective protection from faulty performance by the seller of his contractual obligations, while enabling account to be taken of economic considerations advanced by the seller. | 0 |
4,323 | 13 In this connection it should be noted that the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product' s objective characteristics and properties (see the judgment in Case 36/71 Henck [1972] ECR 187, at paragraph 4). | 85. The third question posed is whether such benefits, assuming that they constitute an advantage for the recipients, satisfy the condition of selectivity under Article 92(1) of the Treaty (see, inter alia , Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 41). | 0 |
4,324 | 46. However, in order for those principles to apply in relation to public procurement activities in respect of which all the relevant elements are confined to a single Member State, it is necessary for the contract at issue in the main proceedings to be of certain cross-border interest (see, to that effect, judgments in Commission v Ireland , EU:C:2007:676, paragraph 29; Commission v Italy , C‑412/04, EU:C:2008:102, paragraphs 66 and 81; SECAP and Santorso , C‑147/06 and C‑148/06, EU:C:2008:277, paragraph 21; Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraph 24; and Commission v Ireland , EU:C:2010:697, paragraph 31). | 21 That interpretation is, moreover, in conformity with the objective of the special rules of jurisdiction. As the Jenard Report (OJ 1979 C 59, at p. 22) makes clear, those rules allow the plaintiff to sue the defendant in courts other than those of his domicile because there is a specially close connecting factor between the dispute and the court with jurisdiction to resolve it. | 0 |
4,325 | 15. As the Court has consistently held, it is clear that the right to deduct is an integral part of the VAT scheme and as a general rule may not be limited. In particular, that right is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, notably, Case C‑62/93 BP Supergas [1995] ECR I‑1883, paragraph 18; Joined Cases C‑110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I‑1577, paragraph 43; and Case C‑368/06 Cedilac [2007] ECR I‑000, paragraph 31). | 32. Pour autant que le moyen tiré d’une violation du droit de pétition est couvert par ladite exception, il n’y a pas lieu de statuer sur celle-ci, dès lors que ledit moyen doit être rejeté comme n’étant pas fondé (voir, en ce sens, arrêt du 23 mars 2004, France/Commission, C-233/02, Rec. p. I-2759, point 26).
Sur le fond | 0 |
4,326 | 51. However, it is important to check that the measures taken for that purpose do not exceed what is objectively necessary (see, to that effect, Case C‑496/01 Commission v France [2004] ECR I‑2351, paragraph 68). | 31. In that regard, it must be recalled that, pursuant to Article 5(1) of the Sixth Directive, ‘“supply of goods” shall mean the transfer of the right to dispose of tangible property as owner’. | 0 |
4,327 | 27. As the Court has already held, the provisions of the FEU Treaty on the freedom to provide services apply to an activity which enables people to participate in gambling in return for remuneration (judgment in Zenatti , C‑67/98, EU:C:1999:514, paragraph 24 and case-law cited). Moreover, the freedom to provide services is for the benefit of both providers and recipients of services (judgment in Liga Portuguesa de Futebol Profissional and Bwin International , C‑42/07, EU:C:2009:519, paragraph 51 and case-law cited). | 31
It must be found that it is not apparent from that provision that the concept of ‘second-hand goods’, within the meaning thereof, excludes movable tangible property that is suitable for further use as it is or after repair, coming from other property in which it was incorporated as a component. The fact that used property which forms part of other property is separated from the latter does not call into question the characterisation of the property removed as ‘second-hand goods’, to the extent that it may be reused ‘as it is or after repair’. | 0 |
4,328 | 50
In that regard, it must be recalled that the objective of promoting and encouraging the use of one of the official languages of a Member State constitutes a legitimate objective which, in principle, justifies a restriction on the obligations imposed by EU law (see, to that effect, judgments of 28 November 1989 in Groener, C‑379/87, EU:C:1989:599, paragraph 19; of 12 May 2011 in Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 85, and of 16 April 2013 in Las, C‑202/11, EU:C:2013:239, paragraphs 25 to 27). | 66. The principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see, inter alia, Case C-248/04 Koninklijke Coöperatie Cosun [2006] ECR I‑10211, paragraph 72 and the case‑law cited there). | 0 |
4,329 | 56. The Court has repeatedly deduced from that fact that goods placed under a suspensive customs procedure cannot, merely by the fact of being so placed, infringe intellectual property rights applicable in the European Union (see inter alia, as regards rights concerning designs, Case C‑23/99 Commission v France [2000] ECR I‑7653, paragraphs 42 and 43, and, as regards rights conferred by trade marks, Rioglass and Transremar , paragraph 27, Case C‑405/03 Class International [2005] ECR I‑8735, paragraph 47, and Montex Holdings , paragraph 21). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
4,330 | 32. La Cour a déjà jugé que les mesures nationales restrictives de l’exercice des libertés fondamentales garanties par le traité CE ne peuvent être justifiées que si elles remplissent quatre conditions, à savoir s’appliquer de manière non discriminatoire, répondre à des raisons impérieuses d’intérêt général, être propres à garantir la réalisation de l’objectif qu’elles poursuivent et ne pas aller au-delà de ce qui est nécessaire pour l’atteindre (voir arrêts du 30 novembre 1995, Gebhard, C‑55/94, Rec. p. I‑4165, point 37; du 9 mars 1999, Centros, C‑212/97, Rec. p. I‑1459, point 34; du 4 juillet 2000, Haim, C‑424/97, Rec. p. I‑5123, point 57, et Commission/Grèce, précité, point 49). | 48. However, the latter analysis is not valid as regards consumption residues which cannot be regarded as ‘by-products’ of a manufacturing or extraction process which are capable of being reused as an integral part of the production process. | 0 |
4,331 | 24. In that regard, it is appropriate to bear in mind settled case-law, in accordance with which, in the interests of legal certainty and 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 in the section or chapter notes (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16, and Joined Cases C‑362/07 and C‑363/07 Kip Europe and Others [2008] ECR I‑0000, paragraph 26). | 67. Il y a lieu de rappeler que l’intérêt à agir constitue une condition de recevabilité qui doit perdurer jusqu’à ce que le juge statue au fond. Selon une jurisprudence constante, un tel intérêt existe tant que le recours est susceptible, par son résultat, de procurer un bénéfice à la partie qui l’a intenté (voir, en ce sens, arrêt du 14 septembre 2010, Akzo Nobel Chemicals et Akcros Chemicals/Commission, C‑550/07 P, non encore publié au Recueil, points 22 et 23 ainsi que jurisprudence citée). | 0 |
4,332 | 43. In that connection, the Court has held that, in the context of proceedings under Article 226 EC, the existence of a failure to fulfil obligations must be assessed in the light of the Community legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see Case C-61/94 Commission v Germany [1996] ECR I-3989, paragraph 42; Case C‑365/97 Commission v Italy [1999] ECR I-7773, paragraph 32; and Case C‑363/00 Commission v Italy , cited above, paragraph 21). | 8 THE OBJECT OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE OFFICIALS FOR THE EXTRA EXPENSE AND INCONVENIENCE OF TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE . | 0 |
4,333 | 23. National legislation such as that at issue in the main proceedings which, as worded, applies to Italian nationals and to nationals of other Member States alike is, generally, capable of falling within the scope of the provisions on the fundamental freedoms established by the Treaty only to the extent that it applies to situations connected with intra-Community trade (see Case C‑448/98 Guimont [2000] ECR I‑10663, paragraph 21; Case C‑6/01 Anomar and Others [2003] ECR I‑8621, paragraph 39 and the case-law cited; and Centro Europa 7 , paragraph 65). | 16. Il est certes vrai que, ainsi que l’a rappelé la Cour dans son arrêt du 9 juillet 1992, Commission/Belgique (C‑2/90, Rec. p. I‑4431, point 34), la particularité des déchets et le principe de la correction, par priorité à la source, des atteintes à l’environnement impliquent qu’il appartient à chaque région, commune ou autre entité locale de prendre les mesures appropriées afin d’assurer la réception, le traitement et l’élimination de ses propres déchets, et que ceux‑ci doivent donc être éliminés aussi près que possible du lieu de leur production, en vue de limiter leur transport autant que faire se peut. | 0 |
4,334 | 25
As a preliminary point, it should be noted that, as is apparent from Article 1(1) and (2) and recitals 5 and 7 thereof in particular, the purpose of the Framework Decision is to replace the multilateral system of extradition based on the European Convention on Extradition of 13 December 1957 with a system of surrender between judicial authorities of convicted or suspected persons for the purpose of enforcing judgments or of conducting prosecutions, the system of surrender being based on the principle of mutual recognition (judgment of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 75 and the case-law cited). | 53 The second plea is in four parts. | 0 |
4,335 | 20 In order to rule on the merits of this complaint, it must be pointed out, first, that it is not disputed that where a Member State makes registration with the dental association, and therefore the practice by dentists of their profession, subject to the requirement that the persons concerned reside in the district of the professional association with which they seek registration, that constitutes a restriction on freedom of establishment and freedom of movement for workers in that such a requirement prevents dentists established or resident in another Member State from setting up a second dental surgery in the first State or practising as employees there (see, to that effect, in particular, Case C-106/91 Ramrath v Ministre de la Justice [1992] ECR I-3351, paragraphs 20 to 22 and 28). | 20 It is also appropriate to note that the Court did indeed hold in the abovementioned judgments of 12 December 1972 International Fruit Company, 24 October 1973 Schlueter and 16 March 1983 SPI and SAMI, that a particular feature of GATT is the broad flexibility of its provisions, especially those concerning deviations from general rules, measures which may be taken in cases of exceptional difficulty, and the settling of differences between the contracting parties . That view does not, however, prevent the Court from interpreting and applying the rules of GATT with reference to a given case, in order to establish whether certain specific commercial practices should be considered incompatible with those rules . The GATT provisions have an independent meaning which, for the purposes of their application in specific cases, is to be determined by way of interpretation . | 0 |
4,336 | 68. In those circumstances, to accept that the limitation period laid down in the fourth subparagraph of Article 3(1) of Regulation No 2988/95 does not begin to run until the administration has discovered those irregularities could encourage inertia on the part of the national authorities in bringing proceedings in respect of irregularities, whilst exposing operators, firstly, to a long period of legal uncertainty and, secondly, to the risk of no longer being in a position to prove at the end of such a period that the transactions in question were lawful (see, to that effect, judgments in Ze Fu Fleischhandel and Vion Trading , C‑201/10 and C‑202/10, EU:C:2011:282, paragraph 45, and Cruz & Companhia , C‑341/13, EU:C:2014:2230, paragraph 62). | 25. L’article 108, paragraphe 3, TFUE institue un contrôle préventif sur les projets d’aides nouvelles (arrêts du 11 décembre 1973, Lorenz, 120/73, Rec. p. 1471, point 2, ainsi que du 12 février 2008, CELF et ministre de la Culture et de la Communication, ci-après l’«arrêt CELF I», C‑199/06, Rec. p. I‑469, point 37). | 0 |
4,337 | 48 It must be pointed out, first of all, that Article 4(1) of Directive 76/160 requires the Member States to take all necessary measures to ensure that bathing waters conform to the limit values set in accordance with Article 3 of that directive within a period of 10 years after notification thereof, which is longer than that laid down for transposition of the Directive, in order to enable the Member States to satisfy such a requirement (Commission v United Kingdom, cited above, paragraph 42, and Case C-198/97 Commission v Germany [1999] ECR I-3257, paragraph 35). | 102 As regards live animals, and in the light of the export ban already imposed by Decision 94/474, the export ban resulting from the contested decision relates only to cattle aged under six months born to cows not known or suspected to be affected by BSE. However, the scientific uncertainty concerning the manner in which BSE is transmitted, particularly as regards its transmissibility through the mother, coupled with the lack of a system for tagging animals and controlling their movements, has meant that there can be no certainty that the mother of a calf is completely free from BSE or, even if she is, that the calf itself is completely unaffected by the disease. | 0 |
4,338 | 27. The concept of ‘parental responsibility’ is given a broad definition in Article 2(7) of Regulation No 2201/2003, in that it includes all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect (judgments in C , C‑435/06, EU:C:2007:714, paragraph 49, and C , C‑92/12 PPU, EU:C:2012:255, paragraph 59). Moreover, while Article 1(2) of that regulation contains a list of matters covered by the regulation as ‘parental responsibility’, the list is not exhaustive but is only to be used as a guide, as is shown by the use of the words ‘in particular’ (judgments in C , C‑435/06, EU:C:2007:714, paragraph 30, and C , C‑92/12 PPU, EU:C:2012:255, paragraph 63). | Dans ce contexte, à l’égard des entreprises chargées d’un service d’intérêt économique général, la Cour a précisé que, dans
la mesure où une intervention étatique doit être considérée comme une compensation représentant la contrepartie de prestations
effectuées par les entreprises bénéficiaires pour exécuter des obligations de service public, de telle sorte que ces entreprises
ne profitent pas, en réalité, d’un avantage financier et que cette intervention n’a donc pas pour effet de mettre lesdites
entreprises dans une position concurrentielle plus favorable au regard des entreprises concurrentes, ladite intervention ne
relève pas de l’article 107, paragraphe 1, TFUE (voir, en ce sens, arrêts Altmark Trans et Regierungspräsidium Magdeburg,
C‑280/00, EU:C:2003:415, point 87, ainsi que EasyPay et Finance Engineering, C‑185/14, EU:C:2015:716, point 45). | 0 |
4,339 | 19 According to the terms of the transaction which involves the initial purchase of the voucher, that voucher, by its nature, is no more than a document evidencing the obligation assumed by Argos to accept the voucher, instead of money, at its face value (see, to that effect, Boots Company, cited above, paragraph 21). | 9 Ces objectifs, inspirateurs de la création de la Communauté, et plus particulièrement celui de promouvoir un développement harmonieux des activités économiques dans l' ensemble de la Communauté, ne sauraient avoir pour effet de créer des obligations juridiques à la charge des États membres ni des droits au profit de particuliers . Il en résulte que les dispositions de l' article 2 du traité ne sont pas susceptibles d' être invoquées par un particulier devant une juridiction nationale . | 0 |
4,340 | 85. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Thijssen , paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 25. Consequently, in so far as the prepackages are legally produced and marketed at least in those two Member States, Article 28 EC precludes the prohibition of their marketing in other Member States, unless such a prohibition is justified by an overriding requirement, applies without distinction to national and imported products alike, is necessary in order to meet the requirement in question and is proportionate to the objective pursued, and that objective cannot be achieved by measures which are less restrictive of intra-Community trade (see, to that effect, Ruwet , paragraphs 50 and 57). | 0 |
4,341 | 32. In order to provide a useful answer to those questions, it should be recalled at the outset that, as regards the concept of an ‘extrajudicial document’ referred to in Article 16 of Regulation No 1348/2000, which was repealed and replaced by Regulation No 1393/2007, the Court has already held that it must be regarded as an autonomous concept of EU law (judgment in Roda Golf & Beach Resort , C‑14/08, EU:C:2009:395, paragraphs 49 and 50). As the Advocate General has also stated in point 46 of his Opinion, there is no reason for not interpreting by analogy the same concept of an ‘extrajudicial document’ as referred to in Article 16 of Regulation No 1393/2007. | 49. Furthermore, the choice of the form of a regulation, rather than that of a directive initially proposed by the Commission (see, OJ 1999 C 247 E, p. 11), shows the importance which the Community legislature attaches to the direct applicability of the regulation’s provisions and their uniform application ( Leffler , paragraph 46). | 1 |
4,342 | 45. According to settled case-law, it is for the referring court alone to determine whether such rules comply with those principles (see, inter alia, Case C‑384/04 Federation of Technological Industries and Others [2006] ECR I‑4191, paragraph 34; Joined Cases C‑181/04 to C‑183/04 Elmeka [2006] ECR I‑8167, paragraphs 35 and 36, and Case C‑347/06 ASM Brescia [2008] ECR I‑0000, paragraph 72), the Court, in a reference for a preliminary ruling under Article 234 EC, being solely competent to provide the national court with all the criteria for the interpretation of Community law which may enable it to determine the issue of compatibility (see, inter alia, Joined Cases C‑286/94, C‑340/95, C‑401/95 and C‑47/96 Molenheide and Others [1997] ECR I‑7281, paragraph 49). | 18 In the present case, a supply of goods was made in consideration for a supply of services consisting in the introduction of new customers. In this regard, it is to be observed, first, that there is a direct link between the supply of the bonuses in kind and the introduction of new customers and, second, that since the services rendered to Bertelsmann were remunerated by supplies of goods, their value can be expressed in monetary terms (see the judgment in Empire Stores, paragraphs 16 and 17). | 0 |
4,343 | 38. In this connection, the Court has already held that a national of a Member State who goes to another Member State and pursues secondary education there exercises the freedom to move guaranteed by Article 18 EC (see Case C‑224/98 D’Hoop [2002] ECR I-6191, paragraphs 29 to 34, and Bidar , paragraph 35). | 46. In order to assess whether workers are engaged in the same or similar work for the purposes of the framework agreement, account must be taken, in accordance with clauses 3(2) and 4(1) of that agreement, of a number of factors, such as the nature of their work, their qualifications and abilities, the training requirements and the working conditions (see, to that effect, judgment in Rosado Santana , C‑177/10, EU:C:2011:557, paragraph 66, and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraph 37, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 43). | 0 |
4,344 | 19. The common framework which Directive 97/13 seeks to establish would be rendered redundant if Member States were free to establish the financial charges to be borne by undertakings in the sector. Accordingly, Member States may not levy any fees or charges in relation to authorisation procedures other than those provided for by that directive (Cases C-339/04 Nuova società di telecomunicazioni [2006] ECR I-6917, paragraph 35, and Telefónica Móviles España, paragraph 21). | 62. As to the merits, it should be noted that, in Anic Partecipazioni , contrary to what BAI is suggesting, the Court of Justice did not modify the principle that, where there is a dispute as to the existence of an infringement of the competition rules, it is for the Commission to prove the infringement which it has found and to adduce evidence capable of demonstrating to the requisite legal standard the existence of circumstances constituting an infringement. | 0 |
4,345 | 35 The Court has already observed on several occasions that it would be compatible with the principles of Community law for courts before which claims for repayment were brought to take into consideration the damage which the trader concerned might have suffered because measures such as the disputed charge had the effect of restricting the volume of exports (Just, paragraph 26; and Comateb, paragraph 30). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,346 | 35. Similarly, nor can there be said to be a direct and inseverable link between the chargeable event for the tax and the consumption of electricity generated by a given nuclear reactor, as held in the judgment in Braathens (C‑346/97, EU:C:1999:291, paragraph 23). | 55. That argument cannot be accepted. | 0 |
4,347 | 61. In the circumstances of the dispute in the main proceedings, it must again be remembered that, although the concept of management does not imply that the farmer has unlimited power over the area in question when using it for agricultural purposes, he is nevertheless not fully subject to the instructions of the lessor (see, to that effect, judgment in Landkreis Bad Dürkheim , C‑61/09, EU:C:2010:606, paragraphs 61 and 63). | 78. In paragraphs 76 to 85 of the judgment under appeal, the Court of First Instance also held that the Commission had failed to put forward any evidence that in spite of its interference, in particular that intended to involve Studienkreis in the project, IPK continued to be able to manage the project in a satisfactory manner. Consequently, the Court of First Instance rightly held, in paragraph 86 of that judgment, that the Commission was in breach of the principle of good faith when it refused to pay the second instalment of the aid on the ground that the project was not completed by 31 October 1993. | 0 |
4,348 | 38. Par ailleurs, les autorités fiscales concernées peuvent s’adresser, en vertu de la directive 77/799/CEE du Conseil, du 19 décembre 1977, concernant l’assistance mutuelle des autorités compétentes des États membres dans le domaine des impôts directs (JO L 336, p. 15), telle que modifiée par la directive 2004/106/CE du Conseil, du 16 novembre 2004 (JO L 359, p. 30), aux autorités d’un autre État membre pour obtenir tout renseignement qui s’avère nécessaire à l’établissement correct de l’impôt d’un contribuable, y compris la possibilité de lui accorder une exonération fiscale (voir, en ce sens, arrêts Vestergaard, précité, point 26; du 26 juin 2003, Skandia et Ramstedt, C‑422/01, Rec. p. I‑6817, point 42, ainsi que Centro di Musicologia Walter Stauffer, précité, point 50). | 50. Moreover, the tax authorities concerned may, pursuant to Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (OJ 1977 L 336, p. 15), as amended by Council Directive 2004/106/EC of 16 November 2004 (OJ 2004 L 359, p. 30), call upon the authorities of another Member State in order to obtain all the information that may be necessary to effect a correct assessment of a taxpayer’s liability to tax, including information as to whether that person may be granted a tax exemption (see, to that effect, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 26, and Case C-422/01 Skandia and Ramstedt [2003] ECR I-6817, paragraph 42). | 1 |
4,349 | 28. Although, in the light of the 10th recital of the Directive, the protection conferred under Article 5(1)(a) is an absolute right when the use affects or is liable to affect one of the functions of the mark (see Case C-206/01 Arsenal Football Club [2002] ECR I-10273, paragraphs 50 and 51), the application of Article 5(1)(b) depends on there being a likelihood of confusion (see Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 34). The Court points out that in SABEL , cited above (paragraphs 20 and 21), it has already excluded a broad interpretation of Article 4(1)(b) of the Directive, which is, in substance, identical to Article 5(1)(b), an interpretation which had been suggested to it on the ground, inter alia , that Article 5(2) of the Directive, on its wording, applies only where a sign is used for non-similar goods or services. | 57 As the Court has repeatedly held, the principle of legal certainty is a fundamental principle of Community law which requires in particular that rules imposing charges on a taxpayer be clear and precise so that he may be able to ascertain unequivocally what his rights and obligations are and take steps accordingly (Case C-143/93 Van Es Douane Agenten v Inspecteur der Invoerrechten en Accijinzen [1996] ECR I-431, paragraph 27). | 0 |
4,350 | 65
The Court has however stated in this connection that, in order for judgments to be regarded as at risk of being irreconcilable within the meaning of Article 6(1) of Regulation No 44/2001, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in the same situation of fact and law (see, inter alia, judgments of 13 July 2006 in Roche Nederland and Others, C‑539/03, EU:C:2006:458, paragraph 26; of 11 October 2007 in Freeport, C‑98/06, EU:C:2007:595, paragraph 40; of 1 December 2011 in Painer, C‑145/10, EU:C:2011:798, paragraph 79, and of 12 July 2012 in Solvay, C‑616/10, EU:C:2012:445, paragraph 24). | 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 |
4,351 | 42. With regard to the argument of the Hellenic Republic that the implementation of Decision 2003/372 has encountered a certain number of national difficulties, it should be observed that, in such a situation, the Commission and the Member State concerned must respect the principle underlying Article 10 EC, which imposes a duty of genuine cooperation on the Member States and the Community institutions, and must work together in good faith with a view to overcoming difficulties whilst fully observing the Treaty provisions, and in particular the provisions on State aid (see Case C-348/93 Commission v Italy [1995] ECR I-673, paragraph 17, and Commission v France , cited above, paragraph 24). That has not happened in this case. | 59. Cela étant, dès lors qu’il est manifeste, sans que soit nécessaire la production par les parties d’éléments supplémentaires à cet égard, que le Tribunal a violé de manière suffisamment caractérisée son obligation de juger l’affaire dans un délai raisonnable, la Cour peut le relever (arrêt Deltafina, C‑578/11, EU:C:2014:1742, point 90). | 0 |
4,352 | 45. It is important that the referring court ascertain, on the basis of the facts, which it alone is in a position to assess, whether, in the cases before it, the damage in respect of which preventive and remedial measures were imposed by the competent national authorities falls within the scope of Directive 2004/35 as delimited in Article 17 thereof (see, to that effect, judgment in ERG and Others , EU:C:2010:126, paragraph 43). | 26 A worker such as Mr Thévenon, who did not exercise his right to freedom of movement until after the entry into force of Regulation No 1408/71, that is to say, after the Franco-German convention had already been replaced by the regulation as regards persons and matters covered by it, cannot claim to have suffered the loss of social security advantages which he would have enjoyed under the Franco-German convention. | 0 |
4,353 | 26
Article 15(3) of Decision 2011/278, which was adopted in order to implement Article 10a(5) of Directive 2003/87, does not permit account to be taken of emissions from electricity generators for determining the maximum annual quantity of allowances (see, to that effect, judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraph 68). | 46 Admittedly, that criterion cannot be regarded as exclusive, inasmuch as pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune, paragraph 44, and Griesmar, paragraph 29). | 0 |
4,354 | 56. The Court, called upon to interpret the personal scope of Regulation No 1408/71, has repeatedly held that Article 2(1) of that regulation refers to two clearly distinct categories of persons: workers, on the one hand, and members of their families and their survivors, on the other. In order to fall within the scope of the regulation, the former must be nationals of a Member State, or Stateless persons or refugees residing within the territory of a Member State. There is on the other hand no nationality requirement for application of the regulation to the family members or survivors of workers who are themselves nationals of the European Union (see, inter alia, Case C-308/93 Cabanis-Issarte [1996] ECR I-2097, paragraph 21, and Case C-189/00 Ruhr [2001] ECR I-8225, paragraph 19). | 37. The imposition of a minimum retail selling price by the public authorities thus means that the maximum retail selling price determined by manufacturers and importers cannot, in any event, be lower than that obligatory minimum price. Legislation imposing such a minimum price is therefore capable of undermining competition by preventing some of those producers or importers from taking advantage of lower cost prices so as to offer more attractive retail selling prices. | 0 |
4,355 | 68. Yet according to settled case-law, in proceedings under Article 258 TFEU for failure to fulfil obligations it is for the Commission to prove the alleged failure. It is therefore the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, Case C‑494/01 Commission v Ireland [2005] ECR I‑3331, paragraph 41; Case C‑335/07 Commission v Finland [2009] ECR I‑9459, paragraph 46; and Case C‑556/10 Commission v Germany [2013] ECR I‑0000, paragraph 66). | 16. Yet the fact remains that the taxation provided for by Presidential Decree No 917/86 is separate from the amount of the Community grants paid to Porto Antico. That taxation does not represent a specific levy linked to the financial aid from which the company has benefited, but applies without distinction to all of the income of that company. | 0 |
4,356 | 31. The Court notes, in this regard, that Article 28 of Regulation No 1408/71 lays down a ‘conflict rule’ enabling the determination, particularly in relation to pensioners entitled to draw pensions in accordance with the legislation of several Member States and who reside in another Member State in which they are not entitled to sickness and maternity benefits, of the institution which is responsible for payment of those benefits and which legislation is applicable (see, to that effect, Case 69/79 Jordens‑Vosters [1980] ECR 75, paragraph 12; Rundgren , paragraphs 43 and 44; Case C‑156/01 van der Duin and ANOZ Zorgverzekeringen [2003] ECR I‑7045, paragraph 39; and Case C‑345/09 van Delft and Others [2010] ECR I‑9879, paragraph 38). | 9. À cet égard, il suffit de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | 0 |
4,357 | 28 Whilst it is true that Article 86 concerns undertakings and may be applied within the limits laid down by Article 90(2) to public undertakings or undertakings vested with exclusive rights or specific rights, the Treaty nevertheless requires the Member States not to take or maintain in force measures which could destroy the effectiveness of that provision (see Case 13/77 Inno v ATAB [1977] ECR 2115, paragraphs 31 and 32, and Höfner and Elser, cited above, paragraph 26). Article 90(1) provides that the Member States are not to enact or maintain in force, in the case of public undertakings and the undertakings to which they grant special or exclusive rights, any measure contrary to the rules contained in the Treaty, in particular those provided for in Articles 85 to 94. | 151. The power to impose penalties available to the Commission is confined to determining the amount of the fine for the payment of which the legal entities forming part of the same undertaking are held jointly and severally liable, that is, the external determination of joint and several liability, and does not extend to determining the share of that amount to be borne by those persons who are jointly and severally liable in the context of their internal relationship ( Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraph 58). | 0 |
4,358 | 43. À cet égard, selon une jurisprudence constante, l’indemnité de dépaysement prévue à l’article 69 du statut et dont les modalités d’octroi sont précisées à l’article 4, paragraphe 1, de l’annexe VII du même statut, disposition dans laquelle figure la notion de «services effectués pour un autre État», a pour objet de compenser les charges et désavantages particuliers résultant de la prise de fonctions auprès des Communautés pour les fonctionnaires qui sont, de ce fait, obligés de transférer leur résidence de l’État de leur domicile à l’État d’affectation et de s’intégrer dans un nouveau milieu. La notion de dépaysement dépend également de la situation subjective du fonctionnaire, à savoir de son degré d’intégration dans le nouveau milieu résultant, par exemple, de sa résidence habituelle ou de l’exercice d’une activité professionnelle principale (voir arrêts du 15 septembre 1994, Magdalena Fernández/Commission, C‑452/93 P, Rec. p. I‑4295, point 20, et du 21 juin 2007, Commission/Hosman-Chevalier, C‑424/05 P, non encore publié au Recueil, point 35). | 37
It is clear that the Charter is applicable where a Member State adopts a decision refusing to issue a visa under Article 32(1) of the Visa Code. | 0 |
4,359 | 22. It is clear from Article 38(1)(c) of the Rules of Procedure of the Court of Justice, and from the case-law relating to that provision, that an application must state the subject-matter of the proceedings and a summary of the pleas in law on which the application is based, and that that statement must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the application. It is therefore necessary for the essential points of law and of fact on which a case is based to be indicated coherently and intelligibly in the application itself (Case C‑178/00 Italy v Commission [2003] ECR I-303, paragraph 6, judgment of 14 October 2004 in Case C‑55/03 Commission v Spain , not published in the ECR, paragraph 23, and Case C‑199/03 Ireland v Commission [2005] ECR I‑8027, paragraph 50) and for the heads of claim to be set out unambiguously so that the Court does not rule ultra petita or indeed fail to rule on an objection (Case C‑296/01 Commission v France [2003] ECR I‑13909, paragraph 121, and Case C‑255/04 Commission v France [2006] ECR I‑5251, paragraph 24). | 48. In addition, both the wording of Clause 2(8) of the framework agreement on parental leave and the fact that that framework agreement was concluded by management and labour represented by joint trade bodies shows that it could not impose obligations on the national social security organisations, which were not party to that agreement. | 0 |
4,360 | 20 Furthermore, the Court has consistently held (see Joined Cases 141/81, 142/81 and 143/81 Holdijk and Others [1982] ECR 1299, paragraph 12, and Case 118/86 Openbaar Ministerie v Nertsvoederfabriek Nederland [1987] ECR 3883, paragraph 12) that the establishment of a common organization of the agricultural markets pursuant to Article 40 of the Treaty does not have the effect of exempting agricultural producers from any national provisions intended to attain objectives other than those covered by the common organization, even though such provisions may, by affecting the conditions of production, have an impact on the volume or the cost of national production and therefore on the operation of the common market in the sector concerned. The prohibition of any discrimination between producers in the Community, laid down in the second subparagraph of Article 40(3) of the Treaty, refers to the objectives pursued by the common organization and not to the various conditions of production resulting from national rules which are general in character and pursue other objectives (see Holdijk and Others, cited above, paragraph 12). | 17THE RIGHT GRANTED TO THE PROPRIETOR TO PROHIBIT ANY UNAUTHORIZED AFFIXING OF HIS MARK TO HIS PRODUCT ACCORDINGLY COMES WITHIN THE SPECIFIC SUBJECT-MATTER OF THE TRADE-MARK .
| 0 |
4,361 | 202. However, the fact remains that, according to established case-law, the right to a refund of charges levied in a Member State in breach of rules of Community law is the consequence and complement of the rights conferred on individuals by Community provisions as interpreted by the Court (see, inter alia, Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12, and Metallgesellschaft and Others , paragraph 84). The Member State is therefore required in principle to repay charges levied in breach of Community law (Joined Cases C-192/95 to C‑218/95 Comateb and Others [1997] ECR I-165, paragraph 20, and Metallgesellschaft and Others , paragraph 84). | 20. In those circumstances no special protection is justified since the parties concerned are professionals in the insurance sector, none of whom may be presumed to be in a weaker position than the others. | 0 |
4,362 | 33. In a similar situation, the Court had occasion to state that the fact that an annual subscription fee is a fixed sum which cannot be related to each case of use does not alter the fact that there is reciprocal performance between the members and the supplier of services (see, to that effect, Kennemer Golf , paragraph 40). The annual subscription fees of members of an association can constitute consideration for the services provided by the association, even though members who do not use or do not regularly use the association’s services must still pay their annual subscription fees (see, to that effect, Kennemer Golf , paragraph 42). | 95. The fact that only the appellant was chosen as debtor of the fine imposed in respect of the acts of that undertaking and of Aristrain Olaberría is all the more incomprehensible since, in recital 16(b) of the grounds of the contested decision, the Commission acknowledges that they are two separate companies and since, subsequently, that decision makes no reference to specific circumstances relating to the attribution of responsibility for the infringements, thereby suggesting that those infringements are to be attributed to each company to the extent of its own involvement. | 0 |
4,363 | 126. Quant à l’argument tiré de l’appréciation des éléments de preuve, c’est à bon droit que le Tribunal a constaté, au point 154 de l’arrêt attaqué, que les documents produits par Ferriere pour la première fois avec la réplique, qui n’ont par conséquent pas été communiqués à la Commission au cours de la procédure administrative, ne sauraient avoir d’incidence sur la légalité de la décision litigieuse (voir, en ce sens, arrêt du 10 juillet 1986, Belgique/Commission, 234/84, Rec. p. 2263, point 16). | 20. As an exception to the normal regime applicable under the VAT Directive, the scheme laid down in Articles 306 to 310 thereof must be applied only to the extent necessary to achieve its objective ( Madgett and Baldwin , paragraph 34). | 0 |
4,364 | 18 As the Court has held in its judgments of today's date in Case C-231/96 Edis v Ministero delle Finanze, paragraph 44, and Case C-260/96 Ministero delle Finanze v Spac, paragraph 27, Community law does not in principle prohibit a Member State from making actions for repayment of charges levied in breach of Community law subject to a time-limit under national law of three years. | 36 It follows that, in order for Article 3(1)(d) of the Directive to be effective, the scope of the provision in respect of which the Court's interpretation is sought should not be limited solely to trade marks which describe the properties or characteristics of the goods or services covered by them. | 0 |
4,365 | 29. It is clear from settled case‑law that service concessions are excluded from the scope of Directive 92/50 (see, inter alia, Case C‑231/03 Coname [2005] ECR I‑7287, paragraph 9, and Case C‑458/03 Parking Brixen [2005] ECR I‑8585, paragraph 42). | 19 Mr Roenfeldt, a German national, had worked initially in Germany from 1941 to 1957 and then in Denmark until 1971, during which periods he had paid contributions to the German and Danish social insurance schemes respectively. From 1971 onwards he worked in Germany and was accordingly subject to compulsory insurance there. | 0 |
4,366 | 25
In those circumstances, under the principle of procedural autonomy and subject to the principles of equivalency and effectiveness, it is for the national legal order of each Member State to establish the ways in which evidence is to be elicited, what evidence is to be admissible before the appropriate national court, or the principles governing that court’s assessment of the probative value of the evidence adduced before it and also the level of proof required (see, by analogy, judgments of 15 October 2015, Nike European Operations Netherlands, C‑310/14, EU:C:2015:690, paragraphs 27 and 28, and of 21 January 2016, Eturas and Others, C‑74/14, EU:C:2016:42, paragraphs 30 and 32). | 13 Those decisions also apply in cases in which old-age ( retirement ) pensions due under the legislation of a Member State do not arise as a result of the conversion of invalidity benefits, provided that the old-age pension, whether or not arising from such a conversion, is of the same kind as an invalidity pension ( see judgment of 18 April 1989 in Case 128/88 Di Felice v Inasti (( 1989 )) ECR 923, paragraph 14 ). | 0 |
4,367 | 48. It is settled case-law that if the national court finds that the national provision laying down the time-limit is not compatible with the requirements of Community law and that no compatible interpretation of that provision is possible, that court must refuse to apply it (see, to that effect, Case 106/77 Simmenthal [1978] ECR 629, paragraph 21, Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26, and Case C-188/00 Kurz [2002] ECR I-10691, paragraph 69). | 105 The supplementary pension scheme at issue in the main proceedings fulfils an essential social function within the Netherlands pensions system by reason of the limited amount of the statutory pension, which is calculated on the basis of the minimum statutory wage. | 0 |
4,368 | 94. As regards the conditions for partial annulment of an EU act, it is clear from settled case-law that such annulment is possible only in so far as the elements whose annulment is sought may be severed from the remainder of the act (see judgments in Commission v Council , C‑29/99, EU:C:2002:734, paragraph 45, and Germany v Commission , C‑239/01, EU:C:2003:514, paragraph 33). The Court has repeatedly ruled that that requirement of severability is not satisfied where the partial annulment of an act would have the effect of altering its substance (see judgments in Commission v Poland , C‑504/09 P, EU:C:2012:178, paragraph 98, and Commission v Parliament and Council , C‑427/12, EU:C:2014:170, paragraph 16). Review of whether the contested provisions are severable requires consideration of their scope, in order to be able to assess whether their annulment would alter the spirit and substance of the decision challenged (see judgment in Commission v Estonia , C‑505/09 P, EU:C:2012:179, paragraph 112 and the case-law cited). | 38. Legislation such as that at issue in the main proceedings which, as the Advocate General observed in point 28 of his Opinion, has the consequence of exempting certain employers from the obligations laid down in Directive 2002/14 and of depriving their employees of the rights granted under that directive, is liable to render those rights meaningless and thus make the Directive ineffective. | 0 |
4,369 | 35. However, although it cannot be denied that such grounds are among those which, under Article 30 EC, may be relied on by a Member State in order to justify such an obligation, and that, in the absence of harmonising rules, the Member States are free to decide on their intended level of protection of health and life of humans (Case C‑293/94 Brandsma [1996] ECR I-3159, paragraph 11, and Commission v Portugal , paragraph 44), the fact remains that an exception to the principle of the free movement of goods may be justified under that article only if the national authorities show that it is necessary in order to attain one or more objectives mentioned in that article and that it is in conformity with the principle of proportionality (Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40; Case C‑358/95 Morellato [1997] ECR I-1431, paragraph 14; ATRAL , paragraph 67; and Commission v Italy , paragraph 22). | 137 It should be observed that, according to Article 4(2) of Regulation No 2988/74, the limitation period for the enforcement of sanctions begins to run only on the day on which `the decision becomes final', that is to say, either from expiry of the period for bringing an action against the decision on the infringement and the fine, where no action has been brought, or from the decision of the Community judicature giving a final ruling on an action which has been brought, where that action is dismissed, since it is clear that the question of the limitation period for enforcement is devoid of purpose where the decision is annulled. | 0 |
4,370 | 161
So far as the tax aspect is concerned, the fact that the recipients of the service concerned obtain a tax advantage does not affect the fact that the service is provided by the issuer for remuneration, so that the activity concerned, which thus corresponds to the definition of a service contained in the provisions of the Treaty relating to the freedom to provide services, comes within the scope of those provisions (see, to that effect, judgments in Skandia and Ramstedt, C‑422/01, EU:C:2003:380, paragraphs 22 to 28, and Commission v Germany, C‑318/05, EU:C:2007:495, paragraphs 65 to 82). | 80. As regards infringement of their right to property, invoked by the applicants in the main proceedings, the Court has consistently held that, while the right to property forms part of the general principles of EU law, it is not an absolute right and must be viewed in relation to its social function. Consequently, its exercise may be restricted, provided that those restrictions in fact correspond to objectives of general interest pursued by the European Union and do not constitute disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (Case 44/79 Hauer [1979] ECR 3727, paragraph 23; Case 265/87 Schräder HS Kraftfutter [1989] ECR 2237, paragraph 15; Case C‑293/97 Standley and Others [1999] ECR I‑2603, paragraph 54; and 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 355). | 0 |
4,371 | 75
On the one hand, the judgments of 27 January 1988, Denmark v Commission (349/85, EU:C:1988:34, paragraph 19 ), of 6 October 1993, Italy v Commission (C‑55/91, EU:C:1993:832, paragraph 69), of 4 July 1996, Greece v Commission (C‑50/94, EU:C:1996:266, paragraph 6), and of 22 April 1999, Netherlands v Commission, C‑28/94, EU:C:1999:191, paragraph 51), referred to in that regard by the Commission, concern the EU rules relating to the EAGGF which at that time contained no provision which could be regarded as comparable to the rules of EU law which led the Court of Justice to make the finding in the preceding paragraph of the present judgment. | 16 That question must be answered in the negative. | 0 |
4,372 | 102
In that regard, first, it should be recalled that preventing and combating money laundering and terrorist financing constitute a legitimate aim capable of justifying a barrier to the freedom to provide services (judgment in Jyske Bank Gibraltar, C‑212/11, EU:C:2013:270, paragraphs 62 to 64 and 85 and the case-law cited). | 63. As is stated in the first recital in the preamble to Directive 2005/60, which seeks to implement at European Union level the Recommendations of the FATF, ‘[m]assive flows of dirty money can damage the stability and reputation of the financial sector and threaten the single market, and terrorism shakes the very foundations of our society’. Likewise, the third recital in the preamble to that directive notes that ‘[i]n order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements and the freedom to supply financial services’. | 1 |
4,373 | 103. In addition, failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual constitutes an infringement of essential procedural requirements (see, to that effect, the judgment in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49), which it is a matter for the Union judicature to raise, even of its own motion (see, to that effect, the judgments in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51, and Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55). The fact that the Commission did not adopt the decision at issue within the period set by the Union legislature constitutes an infringement of essential procedural requirements. | 67. Therefore, such a requirement cannot, as a matter of principle, be imposed without prior assessment of the risk of non-recovery. | 0 |
4,374 | 64
In that regard, information, before and at the time of concluding a contract, on the terms of the contract and the consequences of concluding it is of fundamental importance for a consumer. It is, in particular, on the basis of that information that the consumer decides whether he wishes to be bound by the conditions drafted in advance by the seller or supplier (see, to that effect, judgment of 16 January 2014 in Constructora Principado, C‑226/12, EU:C:2014:10, paragraph 25 and the case-law cited). | 18 The answer to the first question must therefore be that Protocol 3 to the EEC-Austria Agreement is to be interpreted as meaning that where the exporting State, having been requested to check the EUR.1 certificate of origin, does not succeed in establishing the correct origin of the goods, it must conclude that they are of unknown origin and therefore that the EUR.1 certificate and the preferential tariff have been wrongly granted.
The second question | 0 |
4,375 | 51. It cannot be excluded from the outset that, as the Court has already ruled with respect to hospitals (Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 80, and Watts , paragraphs 108 to 110), establishments providing outpatient care such as doctors’ surgeries and outpatient clinics may also be the subject of planning. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
4,376 | 60
The Court has also held that, provided that the conditions for recourse to Article 114 TFEU as a legal basis are fulfilled, the EU legislature cannot be prevented from relying on that legal basis on the ground that public health protection is a decisive factor in the choices to be made (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 62; Arnold André, C‑434/02, EU:C:2004:800, paragraph 32; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 31; and Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 39). | 44. To let national law determine whether the very principle that it is possible to remedy a lack of translation is accepted would prevent any uniform application of the Regulation, since it is possible for the Member States to provide for different solutions in this respect. | 0 |
4,377 | 52. The principle of effective judicial protection is a general principle of European Union law to which expression is now given by Article 47 of the Charter (see Case C‑279/09 DEB [2010] ECR I‑0000, paragraphs 30 and 31; order in Case C‑457/09 Chartry [2011] ECR I‑0000, paragraph 25; and Case C‑69/10 Samba Diouf [2011] ECR I‑0000, paragraph 49). | 72. That is not the case if such a measure, even if it contributes to the economic and social development of the developing country, has as its main purpose the implementation of the CFSP. | 0 |
4,378 | 67. It is apparent from the Court's case-law that the objective of maintaining a high-quality, balanced medical and hospital service open to all, may fall within one of the derogations provided for in Article 56 of the EC Treaty (now, after amendment, Article 46 EC), in so far as it contributes to the attainment of a high level of health protection (Kohll , paragraph 50, and Smits and Peerbooms , paragraph 73). In particular, that Treaty provision permits Member States to restrict the freedom to provide medical and hospital services in so far as the maintenance of treatment capacity or medical competence on national territory is essential for public health, and even the survival of the population (Kohll , paragraph 51, and Smits and Peerbooms , paragraph 74). | 59. In addition, the fact that that regulation is not enforceable against individuals in a Member State in the language of which it has not been published has no bearing on the fact that, as part of the acquis communautaire , its provisions are binding on the Member State concerned as from its accession. | 0 |
4,379 | 57. In relation to the concept of " provision of medical care" , the Court has already held in paragraph 18 of its judgment in D. v W. , and restated in paragraph 38 of its judgment in Kügler , cited above, that that concept does not lend itself to an interpretation which includes medical interventions carried out for a purpose other than that of diagnosing, treating and, in so far as possible, curing diseases or health disorders. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,380 | 46. In that context, it is not disputed that Article 41(1) of the Additional Protocol has direct effect in the Member States, so that the rights which it confers on the Turkish nationals to whom it applies may be relied on before the national courts to prevent the application of inconsistent rules of national law. That provision lays down, clearly, precisely and unconditionally, an unequivocal ‘standstill’ clause, which contains an obligation entered into by the contracting parties which amounts in law to a duty not to act (see Savas , paragraphs 46 to 54 and 71, second indent, and Joined Cases C-317/01 and C-369/01 Abatay and Others [2003] ECR I-12301, paragraphs 58, 59 and 117, first indent). | 19. According to the preamble to First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ, English Special Edition 1967 (I), p. 14, ‘the First Directive’), harmonisation of legislation concerning turnover taxes should make it possible to establish a common market within which there is healthy competition and whose characteristics are similar to those of a domestic market, by eliminating tax differences liable to distort competition and hinder trade. | 0 |
4,381 | 44
Moreover, it should be noted that, when a Member State relies on overriding requirements in the public interest in order to justify rules liable to obstruct the exercise of the freedom of establishment and the freedom to provide services, such justification must also be interpreted in the light of the general principles of EU law, in particular the fundamental rights now guaranteed by the Charter of Fundamental Rights. Thus, the national legislation in question can fall under one of the justifications provided for only if it is compatible with those principles and those rights (see, to that effect, judgment of 11 June 2015, Berlington Hungary and Others, C‑98/14, EU:C:2015:386, paragraph 74 and the case-law cited). | 55 THAT ARGUMENT CANNOT BE ACCEPTED EITHER . AS THE COMMISSION HAS RIGHTLY OBSERVED , RECOGNITION OF SUCH AN OBLIGATION WOULD BE TANTAMOUNT TO CONFERRING AN UNJUSTIFIED COMPETITIVE ADVANTAGE ON UNDERTAKINGS LEAST WELL ADAPTED TO THE CONDITIONS OF THE MARKET .
| 0 |
4,382 | 41 In paragraphs 47 to 53 of Gloszczuk and paragraphs 50 to 56 of Barkoci and Malik, the Court addressed the question of the compatibility of the restrictions which the immigration legislation of the host Member State imposes on the right of establishment, and not the question of the interpretation of the expression economic activities as self-employed persons used in those Association Agreements. The Court there rejected the argument that, since the right of establishment provided for by those Agreements is equivalent to the right of establishment governed by Article 52 of the Treaty, application by the competent authorities of the host Member State of the national immigration rules requiring Polish and Czech nationals to obtain leave to enter or reside is in itself liable to render ineffective the rights granted to such persons by Article 44(3) of the Association Agreement between the Communities and Poland or Article 45(3) of the Association Agreement between the Communities and the Czech Republic. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,383 | 13 Lastly, it must be remembered that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26). | 54. As is apparent from a reading of Article 3 in conjunction with Article 6 of that directive, the right mentioned in Article 1 of the directive concerns at least two separate rights. | 0 |
4,384 | 36. Accordingly, pursuant to that rule, the Belgian survivor’s pension of the person concerned may be reduced only within the limit of the amount of the Netherlands old-age pension ( Cordelle , paragraph 15). | 55. Such an interpretation is based on a misunderstanding of that judgment. In particular, it cannot be inferred from paragraphs 48 and 49 of that judgment that the conditions to be met in order to establish that a refusal to supply is abusive must necessarily also apply when assessing the abusive nature of conduct which consists in supplying services or selling goods on conditions which are disadvantageous or on which there might be no purchaser. | 0 |
4,385 | 73
It would only be if, taking account of the facts of each of the present cases, applications, such as those at issue in the main proceedings, were to display closer connections with a place other than the ‘home base’ that the relevance of the latter for the identification of ‘the place from which employees habitually carry out their work’ would be undermined (see, to that effect, judgment of 27 February 2002, Weber, C‑37/00, EU:C:2002:122, paragraph 53, as well as, by analogy, judgment of 12 September 2013, Schlecker, C‑64/12, EU:C:2013:551, paragraph 38 and the case-law cited). | 26. Such a finding is consistent with the aim of Regulation No 2988/95 which, under Article 1(1) of the regulation, is intended to protect the European Union’s financial interests. The date from which the limitation period begins to run ( dies a quo ) is the date of the event that last occurs, namely either the date of the occurrence of the prejudice, where the prejudice occurs after the act or omission infringing EU law, or the date of that act or omission, where the advantage at issue has been granted before the act or omission. This thus facilitates the pursuit of the aim of protecting the European Union’s financial interests. | 0 |
4,386 | 29. According to settled case-law, in order to determine whether a body making a reference is a court or tribunal for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, Case C‑54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23, Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 33, Case C-195/98 Österreichischer Gewerkschaftsbund [2000] ECR I‑10497, paragraph 24, and Case C-516/99 Schmid [2002] ECR I-4573, paragraph 34). Moreover, a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see, in particular, Case C‑134/97 Victoria Film [1998] ECR I-7023, paragraph 14, and Österreichischer Gewerkschaftsbund , paragraph 25). | 68. En second lieu, la transposition en droit interne d’une directive n’exige pas nécessairement une reprise formelle et textuelle des dispositions de celle-ci dans une disposition légale expresse et spécifique, et peut, en fonction de son contenu, se satisfaire d’un contexte juridique général, dès lors que celui-ci assure effectivement la pleine application de cette directive d’une manière suffisamment claire et précise (voir en ce sens, notamment, arrêts du 20 octobre 2005, Commission/Royaume-Uni, C‑6/04, Rec. p. I‑9017, points 21 et 24, ainsi que du 24 juin 2008, Commission/Luxembourg, C-272/07, point 10). | 0 |
4,387 | 30. Furthermore, the Court has already held that Article 59 precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State ( De Coster , cited above, paragraph 30 and the case-law cited, and paragraph 39). | 25 Consequently, the fact that cable distribution was not very widespread at the time when Directive 89/552 was adopted cannot be relied on in support of an argument that this activity is excluded from the scope of that directive.
The scope of the 1987 decree | 0 |
4,388 | 48. In the context of an appeal, such an assessment is subject to review by the Court of Justice only where the facts and evidence put before the Court of First Instance have been distorted (see for example, to that effect, Case C‑53/92 P Hilti v Commission [1994] ECR I‑667, paragraph 42, and Case C‑206/04 P Mühlens v OHIM [2006] ECR I‑2717, paragraph 28). | 32. Dans l’affaire au principal, il semble constant que le brevet de base détenu par Georgetown University protège, à tout le moins, tant les compositions HPV-6, HPV-11, HPV-16 et HPV-18 ainsi que HPV-16 et HPV-18, telles que contenues dans les médicaments Gardasil et Cervarix, que le HPV-16, tel que commercialisé dans le médicament Gardasil. | 0 |
4,389 | 21
In the first place, it should be recalled that, according to settled case-law, the principle of fiscal neutrality precludes in particular treating similar goods or supplies of services, which are thus in competition with each other, differently for VAT purposes (judgments of 3 May 2001, Commission v France, C‑481/98, EU:C:2001:237, paragraph 22, and of 10 November 2011, The Rank Group, C‑259/10 and C‑260/10, EU:C:2011:719, paragraph 32). | 34. Furthermore, Article 18(6) of the same regulation states that if an interested party does not cooperate, or cooperates only partially, so that relevant information is thereby withheld, the result may be less favourable to the party than if it had cooperated. | 0 |
4,390 | 35. As regards more specifically a situation such as that at issue in the main proceedings, it should be recalled that the Court has already held that punishable acts consisting of exporting and importing the same illegal goods and which are prosecuted in different CISA Contracting States constitute conduct which may be covered by the notion of ‘same acts’ within the meaning of Article 54 of the CISA (see, to that effect, Van Esbroeck , paragraph 42, Van Straaten , paragraph 51, and Case C‑467/04 Gasparini and Others [2006] ECR I‑9199, paragraph 57). | 33. As far as concerns the case in the main proceedings, it must be recalled that, according to settled case-law, on the one hand, a service provider can lose his status of an independent trader, and hence of an undertaking, if he does not determine independently his own conduct on the market, but is entirely dependent on his principal, because he does not bear any of the financial or commercial risks arising out of the latter’s activity and operates as an auxiliary within the principal’s undertaking (see, to that effect, judgment in Confederación Española de Empresarios de Estaciones de Servicio , EU:C:2006:784, paragraphs 43 and 44). | 0 |
4,391 | 53. Admittedly, in paragraph 127 of Bosman , the Court pointed out that, in paragraphs 14 and 15 of its judgment in Case 13/76 Donà v Mantero [1976] ECR 1333, it had recognised that the Treaty provisions on the free movement of persons do not preclude rules or practices excluding foreign players from certain matches for reasons which are not economic in nature, which relate to the particular nature and context of such matches and are thus of sporting interest only, such as matches between national teams from different countries. | 82. In accordance with settled case-law, complaints directed against the grounds of a decision of the General Court included purely for the sake of completeness cannot lead to the decision being set aside and are therefore nugatory ( Dansk Rørindustri and Others v Commission , paragraph 148, and order of 23 February 2006 in Case C‑171/05 P Piau v Commission , paragraph 86). | 0 |
4,392 | 29. According to settled case-law, it is apparent from Article 256 TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union and Article 112(1)(c) of the Rules of Procedure of the Court of Justice in force at the time when the present appeal was brought that an appeal must indicate precisely the contested elements of the judgment under appeal and also the legal arguments specifically advanced in support of the appeal, failing which the appeal or the ground of appeal in question will be dismissed as inadmissible (see, inter alia, Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission EU:C:2005:408, paragraph 426, and Case C‑280/08 P Deutsche Telekom v Commission EU:C:2010:603, paragraph 24). | 116. Thus, by limiting that programme to certain types of bonds issued only by those Member States which are undergoing a structural adjustment programme and which have access to the bond market again, the ECB has, de facto, restricted the volume of government bonds eligible to be purchased in the framework of the programme and, accordingly, has limited the scale of the programme’s impact on the financing conditions of the States of the euro area. | 0 |
4,393 | 49 The five-year limitation period under Danish law must be considered to be reasonable (Case C-90/94 Haahr Petroleum v benrå Havn and Others [1997] ECR I-0000, paragraph 49). Furthermore, it is apparent that that period applies without distinction to actions based on Community law and those based on national law. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
4,394 | 47
Concerning the last point, it is settled case-law of the Court that in most cases the existence of anticompetitive practices or agreements must be inferred from a number of coincidences or indicia which, taken together, may, in the absence of another plausible explanation, constitute evidence of an infringement of the competition rules. Thus, as regards, in particular, an infringement extending over a number of years, the fact that direct evidence of a company’s participation in that infringement during a specified period has not been produced does not preclude that participation from being regarded as established also during that period, provided that that finding is based on objective and consistent indicia; the lack of any public distancing on the part of that company may be taken into account in that regard (see, to that effect, judgment of 17 September 2015, Total Marketing Services v Commission, C‑634/13 P, EU:C:2015:614, paragraphs 26 to 28 and the case-law cited). | 64
Given that Article 8(1)(c) of the Framework Decision lays down a requirement as to lawfulness which must be observed if the European arrest warrant is to be valid, failure to comply with that requirement must, in principle, result in the executing judicial authority refusing to give effect to that warrant. | 0 |
4,395 | 17. The rights granted by the second paragraph of Article 7 of Decision No 1/80 to the child of a Turkish worker with regard to employment in the host Member State necessarily imply the existence of a concomitant right of residence for that child, without which the right to have access to the employment market and actually to take up paid employment would be rendered totally ineffective ( Eroglu , paragraphs 20 and 23, and Torun , paragraph 20). | 90. Il s’ensuit qu’une demande visant à obtenir réparation du préjudice causé par le non-respect, par le Tribunal, d’un délai de jugement raisonnable ne peut être soumise directement à la Cour dans le cadre d’un pourvoi, mais doit être introduite devant le Tribunal lui-même. | 0 |
4,396 | 18. In accordance with settled case-law, t t he principle of equal treatment laid down by the Directive is of general application and that directive applies to employment in the public service (see, in particular, Case C-285/98 Kreil [2000] ECR I-69, paragraph 18, and Case C-476/99 Lommers [2002] ECR I-2891, paragraph 25). | 114. It is therefore important that mechanisms be established which ensure the creation of a genuine market for certificates in which supply can match demand, reaching some kind of balance, so that it is actually possible for the relevant suppliers and users to obtain certificates under fair terms. | 0 |
4,397 | 63
Admittedly, it is also an objective of the return procedure envisaged by the 1980 Hague Convention and Regulation No 2201/2003 that one of the parents cannot strengthen his or her position on the issue of custody with respect to the child by evading, by a wrongful act, the jurisdiction of the courts that are as a matter of principle designated, according to the rules laid down in particular by that regulation, to give a ruling on parental responsibility with respect to that child (see, to that effect, judgments of 23 December 2009, Detiček, C‑403/09 PPU, EU:C:2009:810, paragraph 49, and of 9 October 2014, C, C‑376/14 PPU, EU:C:2014:2268, paragraph 67). | 67. The possibility that a child’s habitual residence might have changed following a judgment at first instance, in the course of appeal proceedings, and that such a change might, in a particular case, be determined by the court seised of an application for return based on the 1980 Hague Convention and Article 11 of the Regulation, cannot constitute a factor on which a parent who retains a child in breach of rights of custody can rely in order to prolong the factual situation created by his or her wrongful conduct and in order to oppose the enforcement of the judgment given in the Member State of origin on the exercise of parental responsibility which is enforceable in that Member State and which has been served. The reason is that if it were considered that a finding of a change of the child’s habitual residence by the court seised of such an application would permit the prolongation of that factual situation and the obstruction of the enforcement of such a judgment, that would constitute a circumvention of the mechanism established by Section 2 of Chapter III of the Regulation and would render this mechanism devoid of purpose. | 1 |
4,398 | 42
The Court has also held that the very existence of a probability or risk that an economic activity on a protected site might cause significant disturbances for a species is capable of constituting an infringement of Article 6(2) of the Habitats Directive, without a cause and effect relationship between that activity and significant disturbance to the species having to be proved (see, to that effect, judgment in Commission v Spain, C‑404/09, EU:C:2011:768, paragraph 142 and the case-law cited). | 391. That complaint must be rejected. | 0 |
4,399 | 25 With respect to the calculation of benefits, Article 46 provides that the competent institution is to establish the actual amount of the benefit in the ratio which the length of the periods of insurance completed under the legislation administered by it bears to the total length of the periods of insurance completed under the legislations of all the Member States concerned (Case C-443/93 Vougioukas v IKA [1995] ECR I-4033, paragraph 15). | 15 As regards old-age pensions in particular, Article 45 provides that, for the acquisition, retention or recovery of the right to benefits, periods completed under the legislation of other Member States are to be taken into account, while Article 46 provides that, with respect to the payment of benefits, the competent institution is to establish the actual amount of the benefit in the ratio which the length of the periods of insurance completed under the legislation administered by it bears to the total length of the periods of insurance completed under the legislations of all the Member States concerned.
Question 1 | 1 |
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