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4,600 | 70. The Court observed, in paragraphs 19 and 20 of the judgment in AM & S Europe v Commission that, although the protection of written communications between lawyer and client is generally recognised, its scope and the criteria for applying it vary in accordance with the different national rules. However, the Court acknowledged, on the basis of that comparison, that legal professional privilege should be protected under European Union law, as long as the two conditions laid down in paragraph 21 of that judgment are fulfilled. | 9 As the Commission has pointed out, in the context of a reference for a preliminary ruling the Court may not deliver advisory opinions on general or hypothetical questions (see the judgment in Case C-343/90 Lourenço Dias [1992] ECR I-4673, paragraph 17). The questions referred must therefore be understood as seeking to determine under which subheadings of the Annexes to Regulations Nos 267/87, 1151/87, 2800/87 and 3846/87 the two products referred to in paragraph 3 above are to be placed, and on what conditions. | 0 |
4,601 | 45. The Court also points out that the finding made in paragraph 39 of the present judgment cannot affect the possibility that the SAS language and the format of SAS Institute’s data files might be protected, as works, by copyright under Directive 2001/29 if they are their author’s own intellectual creation (see Bezpečnostní softwarová asociace , paragraphs 44 to 46). | 168 As the Court of Justice has previously held, the legality of a decision concerning aid is to be assessed in the light of the information available to the Commission when the decision was adopted (Meura, cited above, paragraph 16, and Case C-241/94 France v Commission [1996] ECR I-4551, paragraph 33). | 0 |
4,602 | 153
On the other hand, there is no provision in Regulation No 384/96 relating to the measures to be taken, during the course of the investigation, if the support of the producers for the complaint falls, so that the Council and the Commission must be able to continue with the investigation, including where the degree of support for it falls and even if such a fall means that that support corresponds to a level of production which is below one of the two thresholds laid down in Article 5(4) of the regulation (see, to this effect, judgment in Philips Lighting Poland and Philips Lighting v Council, C‑511/13 P, EU:C:2015:553, paragraphs 51 to 54). | 24. It would be contrary to the objectives of the Community legislation to exclude from the concept of ‘passenger’, and thus from insurance cover, injured parties seated in a vehicle which was not designed for their carriage or equipped for that purpose. According to the fourth and fifth recitals in the preamble to the Third Directive, the objective of that legislation includes the filling of gaps in the compulsory insurance cover of motor vehicle passengers in certain Member States and the protection of that particularly vulnerable category of potential victims, coupled with the guaranteeing of comparable treatment to motor vehicle accident victims irrespective of where in the Community accidents occur. | 0 |
4,603 | 14 It should be observed that it is settled law that the question whether a Member State had failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-435/99 Commission v Portugal [2000] ECR I-11179, paragraph 16, and Case C-111/00 Commission v Austria [2001] ECR I-7555, paragraph 13). | 25. In the light of the foregoing, the inevitable conclusion is that a substance which does not have any therapeutic effect of its own and which is used to obtain a certain pharmaceutical form of the medicinal product is not covered by the concept of ‘active ingredient’, which in turn is used to define the term ‘product’. | 0 |
4,604 | 25
In that regard, it must be recalled, first of all, that the requirement for the contracting authority to observe the principle of equal treatment of tenderers which has the aim of promoting the development of healthy and effective competition between undertakings taking part in a public procurement procedure (see, inter alia, judgments of 29 April 2004, Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraph 110, and of 12 March 2015, eVigilo, C‑538/13, EU:C:2015:166, paragraph 33) and which lies at the very heart of the EU rules on public procurement procedures (see, inter alia, judgments of 22 June 1993, Commission v Denmark, C‑243/89, EU:C:1993:257, paragraph 33; of 25 April 1996, Commission v Belgium, C‑87/94, EU:C:1996:161, paragraph 51; and of 18 October 2001, SIAC Construction, C‑19/00, EU:C:2001:553, paragraph 33) means, inter alia, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority (see judgments of 16 December 2008, Michaniki, C‑213/07, EU:C:2008:731, paragraph 45, and of 24 May 2016, MT Højgaard and Züblin, C‑396/14, EU:C:2016:347, paragraph 37). | 53 It must be pointed out, moreover, that Article 119 of the Treaty prohibits any discrimination with regard to pay as between men and women, whatever may be the system which gives rise to such inequality. Accordingly, it is contrary to that article of the Treaty to impose an age condition, differing according to sex, for eligibility for employment-related pensions for workers who are in identical or similar situations (see, to that effect, Barber, cited above, paragraph 32). | 0 |
4,605 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 41. Consequently, the Commission must be sure of having available an exhaustive list of sites eligible as special areas of conservation, the drawing up of which is aimed at a coherent European ecological network. It also follows from this that, at the time of the decision which the Commission is called upon to take, the sites identified by the Member States must reflect the situation on the basis of which the scientific evaluations of potential sites of Community importance have been carried out. | 0 |
4,606 | 29. Articles 2 and 5(1)(a) and (3) of Regulation No 44/2001, which are relevant to the case in the main proceedings, reflect the same system as Articles 2 and 5(1) and (3) of the Brussels Convention and are drafted in almost identical terms. In the light of such similarity, it is necessary to ensure, in accordance with recital 19 in the preamble to Regulation No 44/2001, continuity in the interpretation of those two instruments (see, inter alia, Case C‑189/08 Zuid-Chemie [2009] ECR I‑6917, paragraph 19). | 19. The provisions of Regulation No 44/2001 relevant to this case reflect the same system as those of the Brussels Convention and are, moreover, drafted in almost identical terms. In the light of such similarity, it is necessary to ensure, in accordance with Recital 19 in the preamble to Regulation No 44/2001, continuity in the interpretation of those two instruments (see Draka NK Cables and Others , paragraph 20, and Case C-180/06 Ilsinger [2009] ECR I-0000, paragraph 58). | 1 |
4,607 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 42. À défaut de consister en une somme d’argent convenue entre les parties, cette valeur, pour être subjective, doit être celle que le bénéficiaire de la prestation de services, qui constitue la contrepartie de la livraison de biens, attribue aux services qu’il entend se procurer et correspondre à la somme qu’il est disposé à dépenser à cette fin (arrêts du 2 juin 1994, Empire Stores, C‑33/93, Rec. p. I‑2329, point 19, et Orfey Balgaria, précité, point 45). | 0 |
4,608 | 26. The matter would be different only if the provision of European Union law which was submitted for interpretation by the Court were not applicable to the facts of the main proceedings, which had occurred before the accession of a new Member State to the Union, or if such provision was manifestly incapable of applying ( Telefónica O2 Czech Republic , paragraph 23). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,609 | 31 Finally, as regards Order No 78574, relied upon by the Greek Government, the Court must reiterate that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion, and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-69/99 Commission v United Kingdom [2000] ECR I-10979, paragraph 22; and Case C-266/99 Commission v France [2001] ECR I-1981, paragraph 38). | 37. It follows that the restrictions imposed by national legislation such as that at issue in the main proceedings are permissible in relation to OCTs under Article 64(1) TFEU. | 0 |
4,610 | 46
In that context, it should also be pointed out that the Court has held that the deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all its economic activities (see, inter alia, judgments of 22 October 2015, Sveda, C‑126/14, EU:C:2015:712, paragraph 17, and of 14 June 2017, Compass Contract Services, C‑38/16, EU:C:2017:454, paragraph 34). In order to achieve the objectives pursued by that system, it is not necessary to lay down an obligation to indicate the address where the issuer of the invoice carries out its economic activity. | 17. The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see, inter alia, judgment in Eon Aset Menidjmunt , C‑118/11, EU:C:2012:97, paragraph 43 and the case-law cited). | 1 |
4,611 | 25. According to well-established case-law, Articles 5 to 7 of Directive 89/104 effect a complete harmonisation of the rules relating to the rights conferred by a trade mark and accordingly define the rights of proprietors of trade marks in the European Union (see, inter alia, Case C-127/09 Coty Prestige Lancaster Group [2010] ECR I-0000, paragraph 27 and the case-law cited). | 50. With regard to the latter condition, it should be noted that clause 5(1) of the framework agreement places on Member States the mandatory requirement of effective adoption of at least one of the measures listed in that provision intended to prevent the abusive use of successive fixed-term employment contracts or relationships, where domestic law does not already include equivalent measures. | 0 |
4,612 | 86. On the other hand, national legislation does not constitute a derogation permitted by the second subparagraph of Article 17(6) of the Sixth Directive, and infringes Article 17(2) of the directive, if its effect is to increase, after the entry into force of the Sixth Directive, the extent of existing exclusions, thus diverging from the objective of that directive (Case C-40/00 Commission v France [2001] ECR I-4539, paragraph 17, and Metropol and Stadler , paragraph 46). | 65. It should also be noted that that principle of non-refoulement is guaranteed as a fundamental right by Articles 18 and 19(2) of the Charter of Fundamental Rights of the European Union. | 0 |
4,613 | 111. The Court has also consistently held that national rules which place on the taxable person the burden of proving that the charge was not passed on to third parties, which amounts to requiring negative proof, or which establish a presumption that the charge has been passed on to third parties, are not consistent with Community law (see, in particular, San Giorgio , paragraph 14; Dilexport , paragraph 54; and Michaïlidis , paragraphs 36 to 38). | 15 That argument cannot be accepted. Even if the amount of VAT due in the event of double taxation would in fact be insignificant, which the Commission disputes, that cannot absolve Italy from properly implementing Article 13B(c) of the Sixth Directive whose very purpose is to avoid double taxation contrary to the principle of fiscal neutrality inherent in the common system of value added tax.
Incorrect transposition of the final part of Article 13B(c) of the Sixth Directive | 0 |
4,614 | 27. In the context of that cooperation, questions concerning European Union law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual and legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25; Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36; and The Chartered Institute of Patent Attorneys , paragraph 32 and the case-law cited). | 43. It follows that the first sentence of Article 6(3) of the Habitats Directive subordinates the requirement for an appropriate assessment of the implications of a plan or project to the condition that there be a probability or a risk that the latter will have significant effects on the site concerned. | 0 |
4,615 | 48
The fact that, in marketing or advertising, the possibility to use the term ‘milk’ and the designations reserved exclusively for milk products is available only to products which meet the requirements laid down by Annex VII, Part III, to Regulation No 1308/2013 is a guarantee, in particular, to the producers of those products of undistorted conditions for competition, and to consumers of those products, that the products designated by those designations meet all the same standards of quality, both protecting them against any confusion as to the composition of the products they intend to purchase. The provisions at issue are thus appropriate to achieve those objectives. Furthermore, they do not go beyond what is necessary to achieve them, since, as the Court has already held, the addition of descriptions or explanations to those designations to designate products which do not satisfy those requirements cannot prevent with certainty any likelihood of confusion in the mind of the consumer. Therefore, the provisions at issue, do not breach the principle of proportionality (see, to that effect, judgment of 16 December 1999, UDL, C‑101/98, EU:C:1999:615, paragraphs 32 to 34). | 13 According to settled case-law (Case C-96/95 Commission v Germany [1997] ECR I-1653, paragraph 22), the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the complaints made by the Commission. The subject-matter of an action brought under Article 169 of the Treaty is therefore delimited by the pre-litigation procedure provided for by that article. Consequently, the action cannot be founded on any complaints other than those formulated in the reasoned opinion (Commission v Germany, cited above, paragraph 23). | 0 |
4,616 | 58. Toutefois, il convient d’écarter l’argument du Royaume de Belgique selon lequel, en l’absence d’harmonisation en la matière, des mesures nationales, telles que celles en cause dans la présente affaire, qui affectent la libre circulation des marchandises entre les États membres, sont acceptables. En effet, l’absence d’harmonisation ne peut constituer une justification du maintien de réglementations nationales ayant des effets restrictifs sur la libre circulation des marchandises qu’à condition qu’elles soient justifiées par l’une des raisons d’intérêt général énumérées à l’article 30 CE ou par l’une des exigences impératives consacrées par la jurisprudence de la Cour et que ces réglementations soient propres à garantir la réalisation de l’objectif poursuivi et n’aillent pas au-delà de ce qui est nécessaire pour l’atteindre (voir arrêts du 22 janvier 2002, Canal Satélite Digital, C‑390/99, Rec. p. I‑607, point 33; du 20 juin 2002, Radiosistemi, C‑388/00 et C‑429/00, Rec. p. I‑5845, points 40 à 42; du 8 septembre 2005, Yonemoto, C‑40/04, Rec. p. I‑7755, point 55, et du 10 novembre 2005, Commission/Portugal, C‑432/03, Rec. p. I‑9665, point 42). | 22. Par ailleurs, il y a lieu de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑110/00, Rec. p. I‑7545, point 13; du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 25 mars 2010, Commission/Espagne, C‑392/08, Rec. p. I‑2537, point 26). | 0 |
4,617 | 29. As for the question whether the contested Directive could legitimately be adopted on the basis of Article 31 EA, it is clear from settled case-law that the choice of legal basis for a measure must rest on objective factors that are amenable to judicial review; these include the purpose and content of that measure (see, inter alia, judgments in Parliament v Council , EU:C:1991:373, paragraph 9; Parliament v Council , C‑130/10, EU:C:2012:472, paragraph 42; Commission v Council , C‑137/12, EU:C:2013:675, paragraph 52; and Commission v Parliament and Council , C‑43/12, EU:C:2014:298, paragraph 29). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,618 | 43. It should be noted that the strict application of those procedural rules serves the requirements of legal certainty and the need to avoid any discrimination or arbitrary treatment in the administration of justice. In accordance with the second paragraph of Article 45 of the Statute of the Court of Justice, no derogation from the procedural time-limits may be made save where the circumstances are quite exceptional, in the sense of being unforeseeable or amounting to force majeure (see, to that effect, inter alia, Case 42/85 Cockerill-Sambre v Commission [1985] ECR 3749, paragraph 10; and order in Case C‑242/07 P Belgium v Commission [2007] ECR I‑9757, paragraph 16). | 28. By contrast, the award of contracts is based on the criteria set out in Article 36(1) of Directive 92/50, namely, the lowest price or the economically most advantageous tender (see, to that effect, in relation to works contracts, Beentjes , paragraph 18). | 0 |
4,619 | 52. In that regard, it must be recalled that the meaning of the specifications must be determined by adopting the perspective of potential tenderers since the aim of the procedures for the award of public works contracts laid down in Directive 2004/18 is precisely to guarantee to potential tenderers established in the European Union access to public contracts of interest to them (see Case C‑220/05 Auroux and Others [2007] ECR I‑385, paragraph 53). Thus, in the present case, the specifications could be understood by the potential tenderers only as referring to the possession of the labels mentioned in the context of the requirement or preference in question. | 42
Finally, as submitted by the Belgian Government, it must be held that the fact that, in the case in the main proceedings, the goods at issue were, after customs clearance, repacked into single packages does not necessarily imply that those goods are not suitable for sale directly to users, as a unit, without repacking. In fact, taking into account the information provided by the referring court, it seems to be just as conceivable and justified that the audio/video systems and the corresponding loudspeakers may be sold together to users in separate boxes as in a single package. | 0 |
4,620 | 44 Thus, as the Court has recognized on many occasions, the specific subject-matter of a trade mark is in particular to guarantee to the owner that he has the exclusive right to use that trade mark for the purpose of putting a product on the market for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products bearing it illegally (see Hoffmann-La Roche v Centrafarm, paragraph 7; Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 7; HAG II, paragraph 14; and IHT Internationale Heiztechnik, paragraph 33). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,621 | 57
In the absence of EU rules on the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law (judgments of 15 April 2008, Impact, C‑268/06, EU:C:2008:223, paragraph 44, and of 8 September 2011, Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 87, and orders of 12 June 2008, Vassilakis and Others, C‑364/07, not published, EU:C:2008:346, paragraph 141, and of 24 April 2009, Koukou, C‑519/08, not published, EU:C:2009:269, paragraph 96). | 122 As regards the applicability of Article 52 of the Treaty in this case, it should be pointed out that that provision, which the Kingdom of Denmark is charged with infringing, applies in the field of air transport. | 0 |
4,622 | 25. In particular, Article 40(5) of Regulation No 1782/2003, read in conjunction with Article 40(1), entitles farmers who, during the reference period, were under agri-environmental commitments pursuant to Regulation No 2078/92 and Regulation No 1257/1999 to request that their reference amount be calculated on the basis of the calendar year or years in the reference period which were not affected by those commitments (see Case C‑152/09 Grootes [2010] ECR I‑11285, paragraph 60). | 19 Proper protection of that kind is best assured if disputes relating to a contract of employment fall within the jurisdiction of the courts of the place where the employee discharges his obligations towards his employer. That is the place where it is least expensive for the employee to commence, or defend himself against, court proceedings. | 0 |
4,623 | 37
The Court has already held, in that regard, that the provision, on a website, of clickable links to protected works published without any access restrictions on another site, affords users of the first site direct access to those works (judgment of 13 February 2014, Svensson and Others, C‑466/12, EU:C:2014:76, paragraph 18; see also, to that effect, order of 21 October 2014, BestWater International, C‑348/13, EU:C:2014:2315, paragraph 15, and the judgment of 8 September 2016, GS Media, C‑160/15, EU:C:2016:644, paragraph 43). | 18. In the circumstances of this case, it must be observed that the provision, on a website, of clickable links to protected works published without any access restrictions on another site, affords users of the first site direct access to those works. | 1 |
4,624 | 62. In that regard, it is appropriate to point out that, in paragraph 32 of its judgment in Lancry and Others , cited above, the Court ruled that a charge proportional to their customs value, levied by a Member State on all goods entering a region within that State, constitutes a charge having equivalent effect to a customs duty on imports not only in so far as it is levied on goods entering that region from other Member States, but also in so far as it is levied on goods entering that region from another part of the same State. | 32 The answer to the first question referred by the Tribunal d' Instance, Saint-Denis, must therefore be that a charge proportional to their customs value, levied by a Member State on all goods entering a region within that State, constitutes a charge having equivalent effect to a customs duty on imports not only in so far as it is levied on goods entering that region from other Member States, but also in so far as it is levied on goods entering that region from another part of the same State.
The validity of the decision on dock dues (question referred by the Cour d' Appel, Paris, and second question referred by the Tribunal d' Instance, Saint-Denis) | 1 |
4,625 | Quant à la décharge de Bellavista, il suffit de constater que le Royaume d’Espagne admet qu’aucune décision définitive n’a
été prise sur la base d’un plan d’aménagement pour cette décharge avant le 25 mars 2013. En fait, une décision formelle n’avait
pas été jugée nécessaire par l’administration nationale. Toutefois, il ressort de la jurisprudence de la Cour que l’obligation
de respecter la procédure prévue par la directive 1999/31, qui doit servir de base à la mise en conformité d’une décharge
aux exigences de cette directive, ne saurait être considérée comme relevant du simple formalisme (arrêt Commission/Slovaquie,
C‑331/11, EU:C:2013:271, points 33 et 34). | 11 In the matter of freedom of movement for workers the principle of discrimination has been given effect and specific expression by Articles 48 to 51 of the Treaty and by acts of the Community institutions adopted on the basis of those articles, and in particular by Regulation No 1612/68 and Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971(II), p. 416) (Case 1/78 Kenny v Insurance Officer [1978] ECR 1489, paragraph 9). | 0 |
4,626 | 23. The difference in treatment, found in paragraph 21 above in relation to the granting of the tax advantage in question, between losses sustained by resident subsidiaries and those of non-resident subsidiaries is of such a kind as to hinder the exercise by the group parent company of its freedom of establishment for the purposes of Article 49 TFEU by deterring it from setting up subsidiaries in other Member States (see, to that effect, judgments in Marks & Spencer , EU:C:2005:763, paragraph 33; Felixstowe Dock and Railway Company and Others , EU:C:2014:200, paragraph 21; and Nordea Bank Danmark , C‑48/13, EU:C:2014:2087, paragraph 22). | 37
Such a national measure goes further than is necessary to ensure the correct collection of the tax if, in essence, it makes the right of exemption from VAT subject to compliance with formal obligations, without any account being taken of the substantive requirements and, in particular, without any consideration being given as to whether those requirements have been satisfied. Transactions should be taxed taking into account their objective characteristics (see, to that effect, judgment of 27 September 2007, Collée, C‑146/05, EU:C:2007:549, paragraphs 29 and 30). | 0 |
4,627 | Le premier moyen doit donc être considéré comme étant irrecevable en ce qu’il est tiré d’une dénaturation des éléments de preuve. | 24 The costs pertaining to those analyses must therefore be regarded as part of the payments made or to be made as a condition of sale of the imported goods by the buyer to the seller ... to satisfy an obligation of the seller within the meaning of Article 3(3)(a) of Regulation No 1224/80 and, accordingly, as an integral part of the customs value. | 0 |
4,628 | 31. Thus, Member States cannot, in principle, apply different charges to competing operators for the use of scarce resources whose values appear to be equivalent in economic terms (see, to that effect ISIS Multimedia Net and Firma O2 , paragraphs 40 and 41). | 21 The answer to the first question must therefore be that the third case mentioned in the second sentence of the first paragraph of Article 17 of the Convention is to be interpreted as meaning that the contracting parties' consent to the jurisdiction clause is presumed to exist where their conduct is consistent with a usage which governs the area of international trade or commerce in which they operate and of which they are, or ought to have been, aware.
The ninth, fourth, fifth and eighth questions: usage in international trade or commerce | 0 |
4,629 | 31 From that point of view, the fact that a trader places his trust in erroneous information provided by the competent authorities could, in certain circumstances, be regarded as a special situation within the meaning of Article 13 of Regulation No 1430/79, despite the fact that that situation is not provided for in Regulation No 3799/86. The list of special situations within the meaning of Article 13 of Regulation No 1430/79 which Article 4 of Regulation No 3799/86 provides is not exhaustive (see to that effect Hewlett Packard France, cited above, paragraphs 39 and 43). | 37. It is true that that provision embodies one of the fundamental principles of the Sixth Directive, according to which the taxable amount is the consideration actually received and the corollary of which is that the tax authorities may not charge an amount of VAT exceeding the tax paid to the taxable person (judgment in Almos Agrárkülkereskedelmi , EU:C:2014:328, paragraph 22 and the case-law cited). | 0 |
4,630 | 27 In the same judgment, the Court added that to apply Article 51(1) would not only put migrant workers at an advantage, but would alter the purpose of the guaranteed income benefit and disrupt the scheme of the national legislation in question (paragraph 36). | 77 In any event, the obligations to retain social documents within the territory of the host Member State for a period of five years and to retain them at the address of a natural person, as opposed to a legal person, cannot be justified. | 0 |
4,631 | 51. In fact, whereas, through the mechanism of the deduction of tax laid down by Articles 17 to 20 of the Sixth Directive, VAT taxes only the final consumer and is completely neutral as regards the taxable persons involved in the production and distribution process prior to the stage of final taxation, regardless of the number of transactions involved (see, to that effect, Case C‑317/94 Elida Gibbs [1996] ECR I‑5339, paragraphs 19, 22 and 23; Case C‑427/98 Commission v Germany [2002] ECR I‑8315, paragraph 29; and Banca Popolare di Cremona , paragraph 32), that is not the case with a tax such as the HIPA. | 30
Moreover, given the nature and significance of the public interest constituted by the protection of consumers, who are in a position of weakness vis-à-vis sellers or suppliers, Article 7(1) of Directive 93/13 requires the Member States to provide for adequate and effective means to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers (judgment of 21 January 2015, Unicaja Banco and Caixabank, C‑482/13, C‑484/13, C‑485/13 and C‑487/13, EU:C:2015:21, paragraph 30 and the case-law cited). | 0 |
4,632 | 12 That provision makes any waiver of post-clearance recovery by the competent customs authorities subject to the fulfilment of three conditions. Provided that all those conditions are fulfilled, the person liable is entitled to waiver post-clearance recovery (see the judgments in Case C-348/89 Mecanarte-Metalúrgica de Lagoa [1991] ECR I-3277, paragraph 12, and Case 341/85 Foto-Frost [1987] ECR 4199, paragraph 22.) | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,633 | Par conséquent, le septième moyen soulevé par la requérante constitue, en réalité, un moyen nouveau ayant pour objet de soumettre
à la Cour un litige plus étendu que celui dont a eu à connaître le Tribunal et qui est, dès lors, irrecevable (voir, en ce
sens, arrêt du 1er juin 1994, Commission/Brazzelli Lualdi e.a., C‑136/92 P, EU:C:1994:211, points 57 et 59). | 28 The national courts, whose task it is to apply the provisions of Community law in areas within their jurisdiction, must ensure that they take full effect (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraph 16, Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19, and Case C-453/99 Courage and Crehan [2001] ECR I-6297, paragraph 25). | 0 |
4,634 | 76. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38, and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 35. Health protection, the control of epizootic diseases and the welfare of animals, objectives which overlap, constitute legitimate objectives in the public interest pursued by European Union legislation, as well as the completion in the sector concerned of the agricultural internal market (see, to that effect, as regards health protection, Case C-269/97 Commission v Council [2000] ECR I-2257, paragraph 48, and Joined Cases C-20/00 and C-64/00 Booker Aquaculture and Hydro Seafood [2003] ECR I‑7411, paragraph 78, and, as regards the welfare of the animals, Joined Cases C‑37/06 and C‑58/06 Viamex Agrar Handel and ZVK [2008] ECR I‑69, paragraph 22, and Case C‑219/07 Nationale Raad van Dierenkwekers en Liefhebbers and Andibel [2008] ECR I‑4475, paragraph 27). | 0 |
4,635 | 59. Accordingly, the fact that the definition of the concept of working time refers to " national law and/or practice" does not mean that the Member States may unilaterally determine the scope of that concept. Thus, those States may not make subject to any condition the right of employees to have working periods and corresponding rest periods duly taken into account since that right stems directly from the provisions of that directive. Any other interpretation would frustrate the objective of Directive 93/104 of harmonising the protection of the safety and health of workers by means of minimum requirements (see Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraphs 45 and 75). | 40. Since a tax such as the HIPA is therefore calculated on the basis of periodic turnover, it is not possible to determine the precise amount of that charge which may be being passed on to the client when each sale is effected or each service supplied, such that the condition that this amount should be proportional to the price charged by the taxable person is not satisfied (see, to that effect, Pelzl and Others , paragraph 25). | 0 |
4,636 | 19. Moreover, as the Court has consistently held, the rules regarding equality of treatment between nationals and non-nationals prohibit not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead to the same result (see, inter alia, Case C‑29/95 Pastoors and Trans-Cap [1997] ECR I-285, paragraph 16, and Case C‑224/00 Commission v Ital y [2002] ECR I-2965, paragraph 15). | 46 Likewise, in a situation such as that in the main proceedings, the principle of the protection of legitimate expectations applies so as to preclude a national legislative amendment which retroactively deprives a taxable person of the right enjoyed prior to that amendment to obtain repayment of taxes collected in breach of provisions of the Sixth Directive with direct effect. | 0 |
4,637 | 60
In that regard, all information liable to have a significant influence on the decision-making process of a normally prudent and diligent private creditor, who is in a situation as close as possible to that of the public creditor and is seeking to recover sums due to it by a debtor experiencing difficulty in making the payments, must be regarded as being relevant (judgments of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 78, and of 21 March 2013, Commission v Buczek Automotive, C‑405/11 P, not published, EU:C:2013:186, paragraph 54). | 15. It must be borne in mind that Member States are in principle required 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). | 0 |
4,638 | 84
It must also be made clear that while the Court, in paragraph 36 of the judgment of 8 November 2001, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke (C‑143/99, EU:C:2001:598), referred to the activity of undertakings benefiting from the national measures, that reference is explained by the wording of the second question submitted by the referring court in the case that gave rise to that judgment. That is confirmed by the fact that no such reference is made in the subsequent judgments of the Court which restate that principle (see, inter alia, judgments of 15 November 2011, Commission and Spain v Government of Gibraltar and United Kingdom, C‑106/09 P and C‑107/09 P, EU:C:2011:732, paragraph 73, and of 29 March 2012, 3M Italia, C‑417/10, EU:C:2012:184, paragraph 39). | 37 It is only where it has particular difficulty in appraising the misleading nature of the brand name that, in the absence of any Community provision on the matter, the national court must assess whether it is necessary, under the conditions laid down by its national law, to decide upon measures of inquiry such as an expert's report or a consumer research poll as guidance for its judgment (see Gut Springenheide and Tusky, cited above, paragraphs 35 to 37) and, where appropriate, adopt interim measures. | 0 |
4,639 | 55 Although a rule such as that referred to in paragraph 5 above may apply irrespective of the nationality of the worker concerned, it operates, in practice, to the detriment of nationals of other Member States. As the Court noted at paragraph 12 of the judgment in Allué I, only 25% of foreign-language assistants are Italian nationals, according to the statistics provided by the Italian Government. | 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 |
4,640 | 53 Moreover, it does not follow from the information before the Court that the system of wholesale distribution of tobacco products put in place by that legislation, in so far as it allows only the AAMS to issue authorizations to operate outlets, results in a situation which prejudices consumers, within the meaning of heading (b) of the second paragraph of Article 86 of the Treaty. In any event, it cannot be argued, particularly in view of the points already set out in paragraph 39 of this judgment, that this system is manifestly unable to satisfy consumer demand (see, a contrario, the judgment in Case C-41/90 Hoefner and Elser v Macrotron [1991] ECR I-1979, paragraph 31). | 112 Accordingly, the Federal Republic of Germany cannot invoke the provisions of GATT to challenge the lawfulness of certain provisions of the Regulation.
Infringement of the Banana Protocol | 0 |
4,641 | 65. A commitment of that type arises from Article 11 of the 1957 Agreement, as amended by the Exchange of Notes of 29 January and 13 March 1992 and by Article 6 of the 1978 Protocol. The Kingdom of the Netherlands has maintained that commitment despite the renegotiation of the 1957 Agreement which led to the Exchange of Notes of October 1992. By proceeding in that way, the Kingdom of the Netherlands has thus infringed the exclusive external competence of the Community which results from Article 1(3) of Regulation No 2409/92 (see, to that effect, Commission v Denmark , paragraphs 97 to 100; Commission v Sweden , paragraphs 93 to 96; Commission v Finland , paragraphs 98 to 101; Commission v Belgium , paragraphs 110 to 113; Commission v Luxembourg , paragraphs 103 to 106; Commission v Austria , paragraphs 112 to 115, and Commission v Germany , paragraphs 123 to 126). | 43. In that connection, it is clear, however, from the case-law that agents can lose their character as independent traders only if they do not bear any of the risks resulting from the contracts negotiated on behalf of the principal and they operate as auxiliary organs forming an integral part of the principal’s undertaking (see, to that effect, Volkswagen and VAG Leasing , paragraph 19). | 0 |
4,642 | 8. It is appropriate at the outset to note that the Court may of its own motion examine whether the conditions laid down in Article 226 EC for bringing an action for failure to fulfil obligations are satisfied (see, inter alia, Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 8; Case C-525/03 Commission v Italy [2005] ECR I-9405, paragraph 8; and Case C-98/04 Commission v United Kingdom [2006] ECR I-4003, paragraph 16). | 32. In that respect, it is necessary, first, to point out that the agreements at issue provide for the payment by the Commissioner to the operator of a royalty the amount of which is fixed in euros per tonne of waste transferred by the municipalities concerned to that operator. | 0 |
4,643 | 22. The function of those rules is precisely to prevent competition from being distorted to the detriment of the public interest, individual undertakings and consumers, thereby ensuring the well-being of the European Union (see, to that effect, Case C‑94/00 Roquette Frères [2002] ECR I‑9011, paragraph 42). | À supposer qu’une telle justification, constituant une raison impérieuse d’intérêt général, existe, encore faut-il que la
même taxe respecte le principe de proportionnalité (voir ordonnance van de Coevering, C‑242/05, EU:C:2006:430, point 27, ainsi
que arrêt van Putten e.a., C‑578/10 à C‑580/10, EU:C:2012:246, point 53). | 0 |
4,644 | 49. What subsequently happens to an object or a substance is not in itself determinative of its nature as waste, which, in accordance with Article 1(a) of Directive 75/442, is established on the basis of whether the holder of that object or substance discards it or intends or is required to discard it (Case C‑194/05 Commission v Italy , paragraphs 49 and 50 and the case-law cited). | 110. From those two points of view, the requirement that the assumption of costs by the national system of hospital treatment provided in another Member State be subject to prior authorisation appears to be a measure which is both necessary and reasonable. | 0 |
4,645 | 57. However, the fact remains that the broad margin of discretion which the Member States enjoy in matters of social policy cannot have the effect of frustrating the implementation of a fundamental principle of Community law such as that of equal treatment for men and women (see Seymour-Smith and Perez , paragraph 75). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,646 | 18
As a preliminary point, it must be noted that it is clear from the case-law of the Court that the forms of order sought by the parties may not, in principle, be altered (see, inter alia, the judgment of 11 November 2010, Commission v Portugal, C‑543/08, EU:C:2010:669, paragraph 20 and the case-law cited). Article 86 of the Rules of Procedure of the General Court is a codification of pre-existing case-law on the admissible exceptions to the principle that the forms of order sought by the parties are unalterable. The Court’s observations, in the present appeal, therefore apply only in the context of that exceptional situation. | 37. Such a restriction of the scope of that provision is not supported by the purpose of that provision, which is to create an exemption from VAT in order to avoid an entity offering certain services from being required to pay that tax when it has found it necessary to cooperate with other entities by means of a common structure set up to undertake activities essential to the provision of those services. | 0 |
4,647 | 31. According to settled case-law, questions on the interpretation of European Union law referred by a national court in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling from a national court only where it is quite obvious that the interpretation of European Unon law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑4233, paragraph 22; Joined Cases C‑188/10 and C‑189/10 Melki and Abdeli [2010] ECR I‑0000, paragraph 27; and Bruno and Others , paragraph 19). | 41. First, landscape features are physical elements of the environment. The requirements relating to the retention of those features must contribute to their preservation as such. | 0 |
4,648 | 48
Furthermore, the assessment referred to in that provision is subject to the same requirements as those deriving from the Court’s case-law where it concerns the existence of a real risk for public health, alleged by a Member State to justify a measure prohibiting the marketing of a food supplement in accordance with Article 36 TFEU. In that regard, the Court has in particular held that the existence of such a risk must be shown in each case in the light of national nutritional habits and in the light of the results of international scientific research (see judgments of 23 September 2003, Commission v Denmark, C‑192/01, EU:C:2003:492, paragraph 46; of 5 February 2004, Commission v France, C‑24/00, EU:C:2004:70, paragraph 53; and of 29 April 2010, Solgar Vitamin’s France and Others, C‑446/08, EU:C:2010:233, paragraph 55). | 46. Furthermore, since Article 30 EC provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health (see, to that effect, Sand oz , paragraph 22; Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40; Beer purity law , cited above, paragraph 46; and Case C-228/91 Commission v Italy [1993] ECR I-2701, paragraph 27). | 1 |
4,649 | 36. The Court has consistently held that the principle of the right to a fair hearing, to which the principle of the right to be heard is closely linked, applies not only to citizens but also to the Member States. As regards the latter, that principle has been recognised in the context of proceedings brought by a Community institution against Member States (see, inter alia, Denmark v Commission , paragraph 46). It has been held that the right to a fair hearing is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a fundamental principle of Community law and must be guaranteed even in the absence of any rules (see, inter alia, Joined Cases C‑48/90 and C‑66/90 Netherlands and Others v Commission [1992] ECR I‑565, paragraph 44; Case C‑288/96 Germany v Commission [2000] ECR I‑8237, paragraph 99; and Case C‑287/02 Spain v Commission [2005] ECR I‑5093, paragraph 37). | 167. In order for such a difference in treatment to be compatible with the provisions of the Treaty on the free movement of capital, it must concern situations which are not objectively comparable or be justified by an overriding reason in the general interest. | 0 |
4,650 | 42. Accordingly, where there is a risk of overlap between rights under the legislation of the Member State of residence and rights under the legislation of the Member State of employment, Article 73 of Regulation No 1408/71 must be considered in the light of the overlap rules in the latter and in Regulation No 574/72, in particular Article 76 of Regulation No 1408/71 and Article 10 of Regulation No 574/72 (see, to that effect, Schwemmer EU:C:2010:605, paragraphs 43 and 44). | 136
As regards the entry of information in the register of declarations of partnership and in the national register of marriage contracts and the national register of partnership contracts, the Court has already held that activities relating to measures for the publicity of deeds do not reflect a direct and specific exercise of official authority by the notary (see, by analogy, judgment of 24 May 2011, Commission v Luxembourg, C‑51/08, EU:C:2011:336, paragraph 113). | 0 |
4,651 | 40 In the context of the pursuit of that objective, all Community producers, regardless of the Member State in which they are based, must together, in a spirit of solidarity and equality, bear the consequences of the decisions which the Community institutions are led to adopt in the exercise of their powers in order to respond to the risk of an imbalance which may arise in the market between production and market outlets (judgments cited above in France and Ireland v Commission, paragraph 50 and Zaninotto, paragraph 47). | 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 |
4,652 | 55. In that connection, it must be noted that it is clear from Article 256 TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union that the General Court has exclusive jurisdiction, first, to find the facts and, second, to assess those facts. It is only where the material inaccuracy of the General Court’s findings is apparent from the procedural documents submitted to it or where the evidence used to support those facts has been distorted that those findings of fact and the appraisal of evidence constitute points of law subject to review by the Court of Justice on appeal. By contrast, the Court of Justice has jurisdiction under Article 256 TFEU to review the legal characterisation of those facts by the General Court and the legal conclusions it has drawn from them (see, to that effect, in particular, Case C-440/07 P Commission v Schneider Electric [2009] ECR I-6413, paragraphs 103 and 104, and Case C-352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I-2359, paragraphs 179 and 180 and case-law cited). | 21 As regards the content of the Regulation, it should be noted that it sets out the conditions governing shipments of waste between Member States and the procedures to be followed for their authorization. | 0 |
4,653 | 51
Last, as regards the sixth part of this ground of appeal, relating to an error of law committed by the General Court in its assessment of the alleged disregard by the Parliament of the appellant’s rights of defence, it should be recalled that the principle of respect for the rights of the defence is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a general principle of EU law which is applicable even in the absence of any specific rules in that regard. That principle requires that the addressees of decisions which significantly affect the interests of those addressees should be placed in a position in which they may effectively make known their views with regard to the evidence on which those decisions are based (see, to that effect, judgments of 12 February 1992 in Netherlands and Others v Commission, C‑48/90 and C‑66/90, EU:C:1992:63, paragraphs 44 and 45; 24 October 1996 in Commission v Lisrestal and Others, C‑32/95 P, EU:C:1996:402, paragraph 30; and 9 June 2005 in Spain v Commission, C‑287/02, EU:C:2005:368, paragraph 37). | 68. Il appartient dès lors au juge communautaire, contrairement à ce que soutient le Parlement, de prononcer, le cas échéant, à l’encontre d’une institution une condamnation au versement d’une somme à laquelle le requérant a droit en vertu du statut ou d’un autre acte juridique. | 0 |
4,654 | 42
Such repeated taxation would be incompatible both with the essential characteristic of VAT that it be imposed on the added value of the goods or services concerned, since the tax payable on a transaction is calculated after the tax paid on the preceding transaction has been deducted (see, inter alia, judgments of 16 December 1992 in Beaulande, C‑208/91, EU:C:1992:524, paragraph 14; 17 September 1997 in UCAL, C‑347/95, EU:C:1997:411, paragraph 34, and 29 April 2004 in GIL Insurance and Others, C‑308/01, EU:C:2004:252, paragraph 33), and with the aim of the above option, which is, it is true, intended to enable Member States to charge VAT on the application of goods for the purposes of activities exempt from VAT, but in no way authorises Member States to levy VAT several times on the same element of the value of those goods (judgment of 8 November 2012 in Gemeente Vlaardingen, C‑299/11, EU:C:2012:698, paragraph 32). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,655 | 41. With regard to pensions, it must be noted that, according to the settled case-law of the Court in relation to Article 119 of the EC Treaty, or, with effect from 1 May 1999, in relation to Article 141 EC, which concern the principle of equal treatment of men and women in relation to pay, the term ‘pay’ within the meaning of Article 141(2) EC covers pensions which depend on the employment relationship between worker and employer, excluding those deriving from a statutory scheme, to the financing of which workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship than by considerations of social policy (see, in particular, Case 80/70 Defrenne [1971] ECR 445, paragraphs 7 and 8; Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, paragraphs 16 to 22; Case C‑262/88 Barber [1990] ECR I‑1889, paragraphs 22 to 28; and Joined Cases C‑4/02 and C‑5/02 Schönheit and Becker [2003] ECR I‑12575, paragraphs 56 to 64). | 73. However, to the extent that the Commission puts forward more detailed objections of inadmissibility in relation to a number of specific pleas or complaints of the appeal, those objections fall to be addressed in the context of the examination of the pleas concerned.
The first plea, alleging breach of the obligation to state reasons
Arguments of the parties | 0 |
4,656 | 29. In the second place, as regards the alleged incompatibility between the national proceedings and the system established by Articles 263 TFEU and 267 TFEU, the Court has, on a number of occasions, ruled on the admissibility of requests for a preliminary ruling concerning the validity of secondary legislation which have been made in judicial review proceedings brought under United Kingdom law. The Court, relying on the fact that, under national law, the persons concerned were able to make an application for judicial review of the legality of the intention or obligation of the United Kingdom Government to comply with EU legislation, has concluded that the opportunity open to individuals to plead the invalidity of an EU act of general application before national courts is not conditional upon that act actually having been the subject of implementing measures adopted pursuant to national law. In that respect, it is sufficient if the national court is seised of a genuine dispute in which the question of the validity of such an act is raised on indirect grounds (see, to that effect, judgments in British American Tobacco (Investments) and Imperial Tobacco , C‑491/01, EU:C:2002:741, paragraphs 36 and 40, and Intertanko and Others , C‑308/06, EU:C:2008:312, paragraphs 33 and 34). It is clear from the order for reference that that is indeed the case here. | 39. En outre, ainsi qu’il ressort des explications fournies par la République italienne lors de l’audience, la réponse à la question de savoir si New Interline a poursuivi ses activités depuis l’ouverture de la procédure de concordat préventif et, en particulier, depuis l’expiration du délai prévu à l’article 3, paragraphe 2, de la décision 2008/697 demeure incertaine. | 0 |
4,657 | 37. The question whether the decision determining new conditions and the decision approving matters reserved by the new conditions constitute development consent within the meaning of Article 1(2) of Directive 85/337 is a question concerning the interpretation of Community law. The Court has consistently held that, in light of both the principle that Community law should be applied uniformly and the principle of equality, the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope is normally to be given throughout the Community an autonomous and uniform interpretation which must take into account the context of the provision and the purpose of the legislation in question (Case 327/82 Ekro [1984] ECR 107, paragraph 11, and Linster , cited above, paragraph 43). | 89. The tax treatment of dividends may fall within Article 49 TFEU on freedom of establishment and Article 63 TFEU on the free movement of capital ( Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 33, and Accor , paragraph 30). | 0 |
4,658 | 51 Consequently, until the accounts have been duly cleared, the Commission is obliged under Article 3 of Regulation No 729/70 to refuse to charge to the EAGGF intervention intended to stabilise the agricultural markets which has not been carried out in accordance with the Community rules. That obligation does not disappear merely because the accounts are cleared after the expiry of the period prescribed in Article 5 of that regulation (see, to that effect, concerning export refunds, Denmark v Commission, paragraph 19, and Case C-50/94 Greece v Commission [1996] ECR I-3331, paragraph 6). | 37. Quant au point de savoir si un contrat de concession peut être qualifié de contrat de «fourniture de services» au sens de l’article 5, point 1, sous b), second tiret, du règlement, il convient de rappeler que, selon la définition donnée par la Cour, la notion de «services» au sens de cette disposition implique, pour le moins, que la partie qui les fournit effectue une activité déterminée en contrepartie d’une rémunération (arrêt du 23 avril 2009, Falco Privatstiftung et Rabitsch, C‑533/07, Rec. p. I‑3327, point 29). | 0 |
4,659 | En effet, dès lors que, dans le cadre du pourvoi, le contrôle de la Cour est limité à l’appréciation de la solution légale qui a été donnée aux moyens et aux arguments débattus devant les premiers juges, une partie ne saurait soulever pour la première fois devant la Cour un argument qu’elle n’a pas invoqué devant le Tribunal (voir, en ce sens, arrêts du 8 novembre 2016, BSH/EUIPO, C‑43/15 P, EU:C:2016:837, point 43, et du 13 juillet 2017, Saint-Gobain Glass Deutschland/Commission, C‑60/15 P, EU:C:2017:540, point 50). | 25. As is apparent from the second recital in the preamble to Directive 97/55, the harmonisation by the directive of the conditions governing the use of comparative advertising is to help to demonstrate objectively the merits of the ‘various comparable products’. As stated in the ninth recital in its preamble, this requirement that the products be comparable is intended in particular to prevent comparative advertising from being used in an anti-competitive and unfair manner. | 0 |
4,660 | 36. Indeed, the Court has already had occasion to observe that, in order to ensure stability of the law and legal relations, as well as the sound administration of justice, it is important that judicial decisions which have become definitive after all rights of appeal have been exhausted or after expiry of the time-limits provided to exercise those rights can no longer be called into question (Case C‑224/01 Köbler [2003] ECR I‑10239, paragraph 38; Case C‑234/04 Kapferer [2006] ECR I‑2585, paragraph 20; and Case C‑2/08 Fallimento Olimpiclub [2009] ECR I‑0000, paragraph 22). | 80. Toutefois, ce même point 3.2.1 précise sans équivoque que «[l]es coûts admissibles doivent être strictement limités aux coûts d’investissement supplémentaires nécessaires pour atteindre les objectifs de protection de l’environnement» et la phrase citée au point précédent n’a qu’un caractère illustratif. | 0 |
4,661 | 37. It must be concluded that promotional campaigns, such as those at issue in the main proceedings, which enable consumers to take part free of charge in a lottery subject to their purchasing a certain quantity of goods or services, clearly form part of an operator’s commercial strategy and relate directly to the promotion thereof and its sales development. It follows that they do indeed constitute commercial practices within the meaning of Article 2(d) of the directive and, consequently, come within its scope (see, by way of analogy, in regard to combined offers, VTB-VAB and Galatea , paragraph 50). | 59. In particular, the Court has held (see, inter alia, Case 5/85 AKZO Chemie v Commission [1986] ECR 2585, paragraphs 35 to 37) that the Commission may, without undermining the principle of collegiate responsibility which governs its functioning, authorise its Members to adopt certain decisions in its name. That system of delegation of authority does not have the effect of divesting the Commission of its decision‑making power since the decisions adopted by the Member are adopted in the name of the Commission, which is fully responsible for them. The Court based that assessment inter alia on the need to ensure that the decision-making body is able to function, which corresponds to a principle inherent in all institutional systems. | 0 |
4,662 | 43. In this connection, it is important to note, first, that the implementing power conferred on the Commission is delimited by both Article 291(2) TFEU and the provisions of Regulation No 492/2001. The Court has held that when an implementing power is conferred on the Commission on the basis of Article 291(2) TFEU, the Commission is called on to provide further detail in relation to the content of the legislative act, in order to ensure that it is implemented under uniform conditions in all Member States (judgment in Commission v Parliament and Council , EU:C:2014:170, paragraph 39). | 37. The additional levy on milk amounts to a restriction arising from market policy rules or structural policy. It is to be considered to be intervention to stabilise agricultural markets and is to be used to finance expenditure in the milk sector. It follows that, apart from its obvious aim of requiring milk producers to observe the reference quantities allocated to them, the additional levy has an economic objective too, in that it is intended to bring to the Community the funds necessary for disposal of milk produced by producers in excess of their quotas (see Cooperativa Lattepiù and Others , paragraphs 74 and 75, and Azienda Agricola Ettore Ribaldi and Others , paragraphs 58 and 59). | 0 |
4,663 | 32. In its observations, the national court referred to, inter alia, Case C‑434/03 Charles and Charles‑Tijmens [2005] ECR I‑7037, particularly paragraphs 23 to 25 of that judgment, in which the Court referred to the case‑law on the system of VAT applicable to capital goods in mixed use, that is to say, in use for both business and private purposes. It follows that the taxable person has the choice, for VAT purposes, of (i) allocating goods wholly to the assets of his business, (ii) retaining them wholly within his private assets, thereby excluding them entirely from the system of VAT, or (iii) integrating them into his business only to the extent to which they are actually used for business purposes. Should the taxable person choose to treat capital goods used for both business and private purposes as business goods, the input VAT due on the acquisition of those goods is, in principle, immediately deductible in full. In those circumstances, when the input VAT paid on goods forming part of the assets of a business is wholly or partly deductible, their use for the private purposes of the taxable person or of his staff or for purposes other than those of his business is treated as a supply of services for consideration pursuant to Article 6(2)(a) of the directive. | 13 With regard, secondly, to remuneration, there is no relationship of employer and employee since tax collectors bear the economic risk entailed in their activity in so far as their profit depends not only on the amount of taxes collected but also on the expenses incurred on staff and equipment in connection with their activity. | 0 |
4,664 | 31. Consequently, a Member State is entitled to impose a minimum contribution period for the acquisition of entitlement to a pension provided for by national legislation and to define the nature and limits of insurance periods which may be taken into account for that purpose, on condition that, in accordance with Article 45 of Regulation No 1408/71, periods completed under the legislation of any other Member State are also taken into consideration under the same conditions as if they had been completed under national legislation (see, to that effect, Salgado Alonso , paragraph 31). | 43 In particular, it is clear from the file and from the oral argument before the Court that the amendments made in 1995 to the 1986 Agreement, described in paragraph 29 above, had the effect of totally liberalising air transport between the United States of America and the Grand Duchy of Luxembourg by ensuring free access to all routes between all points situated within those two States, without limitation of capacity or frequency, without restriction as to intermediate points and those situated behind or beyond (`behind, between and beyond rights') and with all desired combinations of aircraft (`change of gauge'). That total freedom has been complemented by provisions furthering competition or non-discrimination, in relation to CRSs, for example. | 0 |
4,665 | 56
It must be pointed out, in the third place, that, according to the well-established case-law of the Court, the parent company to which the unlawful conduct of its subsidiary is attributed is held individually liable for an infringement of the EU competition rules which it is itself deemed to have infringed, because of the decisive influence which it exercised over the subsidiary and by which it was able to determine the subsidiary’s conduct on the market (see, to that effect, judgments of 14 July 1972, Imperial Chemical Industries v Commission, 48/69, EU:C:1972:70, paragraphs 140 and 141; of 16 November 2000, Metsä-Serla and Others v Commission, C‑294/98 P, EU:C:2000:632, paragraphs 28 and 34; of 26 November 2013, Kendrion v Commission, C‑50/12 P, EU:C:2013:771, paragraph 55; of 10 April 2014, Commission and Others v Siemens Österreich and Others, C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraph 49; and of 8 May 2014, Bolloré v Commission, C‑414/12 P, not published, EU:C:2014:301, paragraph 44). | 88. Thus, the grant of a tax credit to a non-resident company receiving dividends from a resident company, as provided for under a number of DTCs concluded by the United Kingdom, cannot be regarded as a benefit separable from the remainder of those DTCs, but is an integral part of them and contributes to their overall balance (see, to that effect, D ., paragraph 62). | 0 |
4,666 | 37. It should be recalled in this respect that it is clear from the case‑law that the concept of a ‘dominant position’ under Article 82 EC concerns a position of economic strength held by an undertaking, which enables it to prevent effective competition from being maintained on the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, its customers and, ultimately, consumers ( United Brands and United Brands Continentaal v Commission , cited above, paragraph 65; Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 38; and Nederlandsche Banden-Industrie-Michelin v Commission , cited above, paragraph 30). | 31. The question whether the agreements at issue should or should not be classed as service concessions must therefore be considered exclusively in the light of Community law. | 0 |
4,667 | 114
As the Advocate General observed in point 83 of his Opinion, the recovery of an amount equal to the difference between the tax that would have been payable in the absence of an unlawful aid measure and the lesser amount paid pursuant to that measure does not constitute a new tax imposed retroactively (see, to that effect, judgment of 10 June 1993, Commission v Greece, C‑183/91, EU:C:1999:233, paragraph 17). What is at issue is the recovery of the part of the original tax which was not paid due to the availability of an unlawful exemption. The recovery of such an amount does not constitute a penalty (judgment of 17 June 1999, Belgium v Commission, C‑75/97, EU:C:1999:311, paragraph 65). | 40. It is therefore for the national court to determine whether Article 7(1) of Directive 2003/88 may be relied upon against the CICOA. | 0 |
4,668 | 287. Any measure that derogates from the Directive’s protective provisions must be examined in light of the conditions and criteria set out in Article 9 of the Directive. Consequently, the Member States cannot entitle the authority vested with the power to make regulations to adopt measures derogating from the protective rules prescribed by the Directive without defining in a precise manner the substantive and formal requirements, arising from that article, to which such derogations must be subject (see, to this effect, WWF Italia and Others , paragraphs 25 and 28). | 25. It is also important to note that, in exercising their powers concerning the grant of derogations, in accordance with Article 9 of the Directive the authorities of the Member States must take account of various criteria which relate to geographic, climatic, environmental and biological factors and, in particular, to the situation regarding the species’ reproduction and total annual mortality rate owing to natural causes. | 1 |
4,669 | 36
The transactions exempted under that provision are defined in terms of the nature of the services provided and not in terms of the person supplying or receiving the service. Accordingly, the exemption is not subject to the condition that the transactions be effected by a certain type of institution or legal person, where the transactions in question relate to the sphere of financial transactions (see judgment of 28 October 2010, Axa UK, C‑175/09, EU:C:2010:646, paragraph 26 and the case-law cited). | 26. It should also be noted that the transactions exempted under Article 13B(d)(3) of the Sixth Directive are defined in terms of the nature of the services provided and not in terms of the person supplying or receiving the service (see SDC , paragraphs 32 and 56; Case C-305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I‑6729, paragraph 64; and Swiss Re Germany Holding , paragraph 44 and the case-law cited). The exemption is therefore not subject to the condition that the transactions be effected by a certain type of institution or legal person, where the transactions in question relate to the sphere of financial transactions (see, to that effect, SDC , paragraph 38; Velvet & Steel Immobilien , paragraph 22; and Swiss Re Germany Holding , paragraph 46). | 1 |
4,670 | 37. As regards the review of legality, the Court has pointed out that the European Union judicature must carry it out on the basis of the evidence adduced by the applicant in support of the pleas in law put forward and that it cannot use the Commission’s margin of discretion – either as regards the choice of factors taken into account in the application of the criteria mentioned in the 1998 Guidelines or as regards the assessment of those factors – as a basis for dispensing with the conduct of an in-depth review of the law and of the facts ( Chalkor v Commission , paragraph 62). | 12 Actions to establish non-contractual liability are governed, pursuant to the second paragraph of Article 215 of the EEC Treaty, by the general principles common to the laws of the Member States . A comparison of the legal systems of the Member States shows that as a general rule, subject to very few exceptions, a court may not of its own motion raise the issue of time limitation . | 0 |
4,671 | 58. However, the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the General Court accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced to it. That appraisal does not therefore constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice (see British Aggregates v Commission , paragraph 97). | 97. The Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that that evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced before it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice (see, inter alia, General Motors v Commission , paragraph 52, and Evonik Degussa v Commission and Council , paragraph 73). | 1 |
4,672 | 40. Furthermore, the Court has ruled that, in the case of slot machines which, pursuant to mandatory statutory requirements, are set in such a way that they pay out as winnings on average at least 60% of the stakes inserted, the consideration actually received by the operator in return for making the machines available consists only of the proportion of the stakes which he can actually take for himself ( Glawe , paragraph 9). Although, in Glawe , the Court was not required to resolve the issue of whether the principle of ‘individual taxation’ required the calculation of the taxable amount to take account of the individual stake for a game or a series of games, that is to say, the stake inserted by a particular player, it is clear from paragraphs 5 and 14 of the judgment in Glawe , read in the light of points 27 to 30 of the Opinion of Advocate General Jacobs in that case, that the Court was of the view that it did not. | 25 FAR FROM INVOLVING A DEPARTURE FROM THESE FUNDAMENTAL RULES, THEREFORE, THE OBJECT OF THE RULES RELATING TO THE COMMON TRANSPORT POLICY IS TO IMPLEMENT AND COMPLIMENT THEM BY MEANS OF COMMON ACTION . | 0 |
4,673 | 33 Articles 85 and 86 of the Treaty apply only to anti-competitive conduct engaged in by undertakings on their own initiative (see to that effect, as regards Article 86 of the Treaty, Case 41/83 Italy v Commission [1985] ECR 873, paragraphs 18 to 20; Case C-202/88 France v Commission - the so-called `telecommunications terminals' judgment - [1991] ECR I-1223, paragraph 55; and Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 20). If anti-competitive conduct is required of undertakings by national legislation or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, Articles 85 and 86 do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings (see also Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 72, and more particularly paragraphs 65, 66, 71 and 72). | 42. It follows that a durable medium, within the meaning of Article 5(1) of Directive 97/7, must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary. | 0 |
4,674 | 41. In that context, with regard to undertakings responsible for an SGEI, the Court has held that where a State measure must be regarded as compensation for the services provided by the recipient undertakings in order to discharge public service obligations, so that those undertakings do not enjoy a real financial advantage and the measure thus does not have the effect of putting them in a more favourable competitive position than the undertakings competing with them, that measure is not caught by Article 87(1) EC (see, to that effect, Ferring , paragraph 27; Altmark Trans and Regierungspräsidium Magdeburg , paragraph 87; Enirisorse , paragraph 31; and Essent Netwerk Noord and Others , paragraph 80). | In addition, in paragraph 52 of the judgment under appeal, the General Court noted that there was a link of complementarity between the various instances of conduct in question and that they formed part of an overall plan, with the result that the Commission was entitled to characterise them as a single infringement. It is settled case-law that, if the different actions form part of an overall plan because their identical object distorts competition within the internal market, the Commission is entitled to impute responsibility for those actions on the basis of participation in the infringement considered as a whole (see, inter alia, judgment of 6 December 2012, Commission v Verhuizingen Coppens, C‑441/11 P, EU:C:2012:778, paragraph 41). | 0 |
4,675 | 31. The Court has held that that provision is not limited to the names of natural persons ( Anheuser-Busch , paragraphs 77 to 80). | 14 That directive, the aim of which is, in view of the need to reinforce and develop further the internal market, to reduce to the minimum formalities and inspections at internal Community frontiers, does not permit formalities or constraints involving more than the normal requirements inherent in the crossing of the frontier by any goods, whatever their nature . | 0 |
4,676 | 43 Protocol No 2 which, by virtue of Article 239 of the Treaty, is an integral part of the Treaty is worded as follows:
"For the purposes of Article 119 of this Treaty, benefits under occupational social security schemes shall not be considered as remuneration if and in so far as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have before that date initiated legal proceedings or introduced an equivalent claim under the applicable national law." | 30. As regards the first of those facts, it should be borne in mind that, where a private undertaking holds a share of the capital of a concessionaire, this precludes the possibility for a concession-granting public authority to exercise over that concessionaire a control similar to that which it exercises over its own departments (see, to that effect, Case C‑26/03 Stadt Halle and RPL Lochau [2005] ECR I-1, paragraph 49). | 0 |
4,677 | 24. First, it should be borne in mind that, although Article 222 of the EC Treaty (now Article 295 EC) does not call into question the Member States ' right to establish a system for the acquisition of immovable property which lays down measures specific to transactions relating to agricultural and forestry plots, such a system remains subject to the fundamental rules of Community law, including those of non-discrimination, freedom of establishment and free movement of capital (see, to that effect, Case 182/83 Fearon [1984] ECR 3677, paragraph 7, and Konle , cited above, paragraphs 7 and 22). In particular, the Court has held that the scope of the national measures governing the acquisition of immovable property should be assessed in the light of those provisions of the Treaty which relate to the movement of capital (see, to that effect, Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraphs 28 to 31). | 12 DESPITE THE GENERAL NATURE OF ITS WORDING, THE COMMISSION' S LETTER OF 12 JULY 1968 REQUESTING THE ITALIAN GOVERNMENT TO SUBMIT ITS OBSERVATIONS IN ACCORDANCE WITH ARTICLE 169 CANNOT RELATE TO DELAYS IN PAYMENT FOR PRODUCTS WHICH WERE NOT THEN SUBJECT TO THE SYSTEM OF UNIFORM REFUNDS OR WHICH HAD AT MOST ONLY BEEN SO FOR SEVERAL DAYS . | 0 |
4,678 | 39. It is only when the grounds for exclusion concerned do not relate to the professional qualities of economic operators, and, therefore, do not fall within that exhaustive list that it is possible to consider whether those grounds may be permissible under the principles or other rules of EU public procurement law (see, to this effect, Fabricom , paragraphs 25 to 36; Michaniki , paragraphs 44 to 69; and Case C-538/07 Assitur [2009] ECR I-4219, paragraphs 21 to 33). | 61
In that regard, it must be observed that the referring court is bound to respect the principle of interpreting national law in conformity with EU law as from the date of expiry of the period for the transposition of that Framework Decision (see, by analogy, judgment of 4 July 2006, Adeneler and Others, C‑212/04, EU:C:2006:443, paragraphs 115 and 124). | 0 |
4,679 | 22 It is also clear from the Court's case-law (see, to that effect, in particular, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 56; Case 294/83 Les Verts v Parliament [1986] ECR 1339, paragraph 28; Case 242/87 Commission v Council [1989] ECR 1425, paragraph 18; and Case 16/88 Commission v Council [1989] ECR 3457, paragraphs 15 to 19) that, in the system of the Treaty, any implementation of expenditure by the Commission in principle presupposes, in addition to the entry of the relevant appropriation in the budget, an act of secondary legislation (commonly called the `basic act') from which the expenditure derives. | 18 Clearly, therefore, the concept of provision of medical care 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. | 0 |
4,680 | 26. First, it is apparent from the documents before the Court, in particular from the observations of the German Government, that (i) legal trainees are required to apply in practice the legal knowledge acquired during their studies and thus make a contribution, under the guidance of the training principal, to that person’s activities and (ii) legal trainees receive payment in the form of a monthly subsistence allowance for the duration of their training. In that regard, the Court has already held that, given that legal trainees carry out genuine and effective activity as an employed person they must be considered to be workers within the meaning of Article 39 EC (see, to that effect, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraphs 12 to 18). | 31 Accordingly, an international organization such as Eurocontrol does not constitute an undertaking subject to the provisions of Articles 86 and 90 of the Treaty. | 0 |
4,681 | 42. En l’occurrence, si, au point 1 du dispositif de l’arrêt Commission/Italie (C‑302/09, EU:C:2011:634), la Cour a constaté que, «[e]n n’ayant pas pris, dans les délais prescrits, toutes les mesures nécessaires afin de récupérer auprès des bénéficiaires les aides octroyées en vertu du régime d’aides [en cause], la République italienne a manqué aux obligations qui lui incombent en vertu de l’article 5 de [la décision litigieuse]», cet État membre ne saurait déduire du simple emploi de l’expression «les mesures nécessaires» dans le cadre de ce constat que la récupération effective des aides en cause n’est pas exigée aux fins de l’exécution de cet arrêt. Une telle interprétation méconnaît de toute évidence la véritable portée de celui‑ci. En effet, dans le contexte de la réglementation de l’Union et au vu de la jurisprudence de la Cour en matière d’aides d’État, il est manifeste que la finalité de l’arrêt Commission/Italie (C‑302/09, EU:C:2011:634), à l’instar de la décision litigieuse, est le rétablissement d’une concurrence effective, de telle sorte que cet arrêt impose à la République italienne l’obligation d’obtenir effectivement, et sans délai, la restitution des aides en cause (voir, par analogie, arrêt Commission/Slovaquie, C‑507/08, EU:C:2010:802, point 48). | 64. S’agissant de l’interdiction de l’utilisation des filets maillants dérivants dont la longueur individuelle ou cumulée est supérieure à 2,5 kilomètres, la Cour a jugé que la limitation de l’usage de ces filets telle qu’elle résultait du règlement n° 345/92 a été adoptée dans le but primordial d’assurer la conservation et l’exploitation rationnelle des ressources halieutiques ainsi que la limitation de l’effort de pêche (voir arrêt Mondiet, précité, point 24). | 0 |
4,682 | 40 Furthermore, the Court has already ruled that a charge imposed on the transport of goods according, inter alia, to the weight of the goods falls within the scope of Article 95 of the Treaty and, in so far as it has an immediate effect on the cost of national and imported products, must be applied in a manner which is not discriminatory to imported products (Case 20/76 Schöttle v Finanzamt Freudenstadt [1977] ECR 247, paragraphs 15 and 16). | 37. As regards the argument that advertising for alcoholic beverages is permitted in certain Member States, it must be observed that, as the Advocate General stated in paragraph 106 of his Opinion, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter’s rules are disproportionate (Case C-384/93 Alpine Investments [1995] ECR I-1141, paragraph 51). | 0 |
4,683 | 35
That finding is not called in question by the fact that it is possible for the victim to receive compensation from the Fundo de Garantia Automóvel. The payment of compensation by the body referred to in Article 1(4) of the Second Directive was, in fact, designed to be a measure of last resort, envisaged only for cases in which the vehicle that caused the injury or damage has not satisfied the requirement for insurance referred to in Article 3(1) of the First Directive, that is to say, it is a vehicle in respect of which no insurance contract is in place. Such a restriction is explained by the fact that that provision, as recalled in paragraph 23 of the present judgment, requires each Member State to ensure, subject to the derogations allowed under Article 4 of the First Directive, that every owner or keeper of a vehicle normally based in its territory concludes a contract with an insurance company in order to guarantee, up to the limits established by EU law, his civil liability arising as a result of the use of that vehicle (see, to that effect, judgment of 11 July 2013, Csonka and Others, C‑409/11, EU:C:2013:512, paragraphs 30 and 31). | 73. Contrary to what is claimed by the appellants, the invoicing of ‘negative prices’, in other words prices below cost prices, to customers is not a prerequisite of a finding that a retroactive rebates scheme operated by a dominant undertaking is abusive. | 0 |
4,684 | 58
Article 5 of Directive 95/46 authorises Member States to specify, within the limits of Chapter II of that directive and, accordingly, Article 7 thereof, the conditions under which the processing of personal data is lawful, the margin of discretion which Member States have pursuant to Article 5 can therefore be used only in accordance with the objective pursued by that directive of maintaining a balance between the free movement of personal data and the protection of private life. Under Article 5 of Directive 95/46, Member States also cannot introduce principles relating to the lawfulness of the processing of personal data other than those listed in Article 7 thereof, nor can they amend, by additional requirements, the scope of the six principles provided for in Article 7 (see, to that effect, judgment of 24 November 2011, ASNEF and FECEMD, C‑468/10 and C‑469/10, EU:C:2011:777, paragraphs 33, 34 and 36). | 36. It follows that, under Article 5 of Directive 95/46, Member States also cannot introduce principles relating to the lawfulness of the processing of personal data other than those listed in Article 7 thereof, nor can they amend, by additional requirements, the scope of the six principles provided for in Article 7. | 1 |
4,685 | 16. It must be recalled that a reference for a preliminary ruling made by a national court may be declared inadmissible only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑450/09 Schröder [2011] ECR I‑0000, paragraph 17). | 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 |
4,686 | 13 Thus, the Court has held that a scheme of benefits cannot be excluded from the scope of the directive solely because, formally, it is part of a national social security system. Such a scheme may come within the scope of the directive if its subject-matter is access to employment, including vocational training and promotion, or working conditions. However, the directive is not rendered applicable simply because the conditions of entitlement for receipt of benefits may be such as to affect the ability of a single parent to take up employment (see the judgment in Joined Cases C-63/91 and C-64/91 Jackson and Cresswell v Chief Adjudication Officer [1992] ECR I-4737, paragraphs 27, 28 and 31). | 120. That does not mean, however, that, before the first measure is taken against a given entity, the Commission is under a duty, as a matter of routine, to warn that entity even of the mere possibility of measures of investigation or of proceedings based on EU competition law, especially if, by such a warning, the effectiveness of the Commission’s investigation might be unduly compromised (see, to that effect, Dalmine v Commission , paragraph 60). | 0 |
4,687 | 94. Thus, the Court has already held that a cartel 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, thus impeding the economic interpenetration which the FEU Treaty is designed to bring about and is therefore capable of affecting trade between Member States within the meaning of Article 81(1) EC (see, to that effect, Case C‑35/99 Arduino [2002] ECR I‑1529, paragraph 33; Asnef-Equifax and Administración del Estado , paragraph 37 and the case-law cited; and Erste Group Bank and Others v Commission , paragraph 38) and that, where the services concerned have a cross‑border dimension, that is a relevant factor in determining whether trade between Member States is affected within the meaning of that provision (see, by analogy, Case 311/85 Vereniging van Vlaamse Reisbureaus [1987] ECR 3801, paragraphs 18 and 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 |
4,688 | 38
Moreover, the Court has already held that, regarding the freedom of establishment, even if a Member State’s tax system is favourable to non-resident companies more often than not, that does not prevent it leading, where that system proves disadvantageous for those companies, to an inequality of treatment in relation to resident taxpayers and thus creating a hindrance to the freedom of establishment (see, to that effect, judgments of 14 December 2000 in AMID, C‑141/99, EU:C:2000:696, paragraph 27, and 22 March 2007 in Talotta, C‑383/05, EU:C:2007:181, paragraph 31). Similarly, the Court has previously held that the fact that the applicable national rules place non-residents at a disadvantage cannot be compensated for by the fact that, in other situations, that same legislation does not discriminate between non-residents and residents (judgment of 18 July 2007 in Lakebrink and Peters-Lakebrink, C‑182/06, EU:C:2007:452, paragraph 23). | 39. It follows that a farmer cannot benefit from the aid scheme established by Regulation No 1782/2003 if he no longer fulfils the conditions laid down by that regulation. In the contrary case, he would obtain an advantage which is not in compliance with the objectives of the single payment scheme. | 0 |
4,689 | 28. In answer to the second question, it is also important to point out that, subject to certain exceptions which are not relevant in the present case, the taxation of motor vehicles has not been harmonised and differs considerably from one Member State to another. Member States are therefore free to exercise their powers of taxation in that area provided they do so in compliance with Community law (Case C-451/99 Cura Anlagen [2002] ECR I-3193, paragraph 40, and Case C-464/02 Commission v Denmark [2005] ECR I-7929, paragraph 74). | 84. That is so except for situations originating and becoming definitive under the previous legislation which create acquired rights (see, to this effect, Case 68/69 Brock [1970] ECR 171, paragraph 7; Case 143/73 SOPAD [1973] ECR 1433, paragraph 8; Case 270/84 Licata v ESC [1986] ECR 2305, paragraph 31 and Centeno Mediavilla and Others v Commission , paragraph 62). A right is considered to be acquired when the event giving rise to it occurred before the legislative amendment (see Centeno Mediavilla and Others v Commission , paragraph 63). | 0 |
4,690 | 16. It must also be borne in mind that, in accordance with settled case-law, the subject-matter of proceedings under Article 258 TFEU is delimited by the pre‑litigation procedure governed by that provision. Accordingly, the action must be based on the same grounds and pleas in law as those raised in the reasoned opinion. However, that requirement cannot be stretched so far as to mean that in every case the statement of the objections expressly set out in the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings as defined in the reasoned opinion has not been extended or altered (see Case C‑139/00 Commission v Spain [2002] ECR I‑6407, paragraphs 18 and 19, and Case C‑458/08 Commission v Portugal [2010] ECR I‑11599, paragraphs 43 and 44). | 19 However, that requirement cannot be stretched so far as to mean that in every case the statement of the complaints set out in the letter of formal notice, the wording of the reasoned opinion and the subject-matter of the proceedings must be exactly the same, if the subject-matter of the proceedings has not been extended or altered but has simply been limited (see Commission v Italy, paragraph 25, and Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 56). | 1 |
4,691 | 38
As regards, in particular, a procedure conducted by a notary for the enforcement of a mortgage, it should be noted that adequate and effective means to stop the use of unfair terms in consumer contracts must include provisions enabling consumers to be guaranteed effective judicial protection by making it possible for them to contest the contract at issue in legal proceedings, including in the enforcement phase, and under reasonable procedural conditions, so that the exercise of their rights is not subject to conditions, in particular time limits or costs, which make it excessively difficult or in practice impossible to exercise the rights guaranteed by Directive 93/13 (judgment of 1 October 2015, ERSTE Bank Hungary, C‑32/14, EU:C:2015:637, paragraph 59). | 16 The fundamental principle which underlies the VAT system, and which follows from Article 2 of the First and Sixth Directives, is that VAT applies to each transaction by way of production or distribution after deduction has been made of the VAT which has been levied directly on transactions relating to inputs. | 0 |
4,692 | 50. Lidl nevertheless relied on the fact that the Court has previously held that any obligation to restrict each price comparison to the average prices of the products offered by the advertiser and those of rival products would be contrary to the objectives of the Community legislature, the Court observing in this regard that comparative advertising must help to demonstrate objectively the merits of the various comparable products and that such objectivity implies that the persons to whom the advertising is addressed are capable of knowing the actual price differences between the products compared and not merely the average difference between the advertiser’s prices and those of his competitors ( Pippig Augenoptik , paragraphs 81 and 82). | 57. Admittedly, the employment criterion cannot be regarded as exclusive, since pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune , paragraph 44, Evrenopoulos , paragraph 20, Griesmar , paragraph 29, and Niemi , paragraph 46). Such pensions do not constitute "pay" for the purposes of Article 119 of the Treaty or Article 141 EC (see, to that effect, Beune , paragraphs 24 and 44, Griesmar , paragraph 27, and Niemi , paragraph 39). | 0 |
4,693 | 99. In that regard, according to the settled case-law of the Court, the gravity of infringements of EU competition law must be determined by reference to numerous factors such as, in particular, the specific circumstances and context of the case and the deterrent effect of fines, although no binding or exhaustive list of the criteria to be applied has been drawn up (see, inter alia, Dansk Rørindustri and Others v Commission , paragraph 241, and Case C‑534/07 P Prym and Prym Consumer v Commission [2009] ECR I‑7415, paragraph 54). | 48. It is not evident that the possibility for Member States to regard as a single taxable person a group of persons including one or more persons who may not individually have the status of a taxable person runs counter to those objectives. It is, on the contrary, conceivable that, as Ireland and the interveners have submitted, the presence, within a VAT group, of such persons contributes to administrative simplification both for the group and for the tax authorities and makes it possible to avoid certain abuses, and that that presence may even be indispensable to that end if it alone establishes the close financial, economic and organisational links which must exist between the persons constituting that group in order for it to be regarded as a single taxable person. | 0 |
4,694 | 54. However, if that latter condition is not satisfied, it will be considered that the intermediate measure – independently of whether the latter expresses a provisional opinion of the institution concerned – produces independent legal effects and must therefore be capable of forming the subject-matter of an action for annulment ( AKZO Chemie and AKZO Chemie UK v Commission , paragraph 20; Case C‑170/89 BEUC v Commission [1991] I‑5709, paragraphs 9 to 11; Case C‑39/93 P SFEI and Others v Commission [1994] ECR I‑2681, paragraph 28; Case C- 400/99 Italy v Commission [2001] ECR I-7303, paragraphs 57 to 68; Athinaïki Techniki v Commission , paragraph 54). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,695 | 29. However, because of the spirit of cooperation in relations between the national courts and the Court of Justice in the context of the preliminary ruling procedure, the lack of such preliminary findings by the referring court concerning the existence of certain cross-border interest does not necessarily lead to the request being inadmissible if the Court, in the light of the information in the documents before it, considers that it is in a position to give a useful answer to the referring court. That is the case, in particular, where the order for reference contains sufficient relevant information for the existence of such an interest to be determined (judgment in Enterprise Focused Solutions , C‑278/14, EU:C:2015:228, paragraph 19 and the case-law cited). | 14 It follows that an occupational pension scheme which excludes married women from membership entails discrimination directly based on sex, contrary to Article 119 of the Treaty. | 0 |
4,696 | 68. That being so, the question arises whether any other provision of Community law, to which the national court does not refer, precludes the Order of 17 May 1990, which allows only traditional shallots to be marketed as ‘shallots’. The Court may be moved to take into consideration rules of Community law to which the national court has not referred in its question, in order to provide that court with a satisfactory answer (Case C-271/01 COPPI [2004] ECR I‑1029, paragraph 27, and Case C-60/03 Wolff & Müller [2004] ECR I-9553, paragraph 24 and the case-law cited there). | 36 However, acceptance of the payment declaration does not authorise the customs administration to pay the trader that advance. That payment can be made only after the exporter has then submitted a request in writing to that end, the exporter thus having the opportunity to decide the date of the payment of the advance or, where the destination of the goods has been changed, to renounce that payment totally. | 0 |
4,697 | 46. The Court has indeed already ruled that, by excluding from national legislation in force in September 2004 the definitions of the terms in Article 2 of Directive 2000/60 and the timescales within which the standards of water quality are to be met, as set out in Articles 4 to 6 and 8 of that directive, the obligations under Article 2, read in conjunction with those latter provisions, were not implemented with the binding force required (see, to that effect, Case C-32/05 Commission v Luxembourg [2006] ECR I-11323, paragraphs 16, 17 and 65). | 48ALTHOUGH IT IS NOT POSSIBLE TO PROHIBIT THE SEEKING OF LEGAL ADVICE BY THOSE CONCERNED EVEN AT THAT STAGE , IT IS THEIR OWN DECISION AND THE INSTITUTION CONCERNED CANNOT BE HELD LIABLE FOR THE CONSEQUENCES .
| 0 |
4,698 | 40. Consumer protection concerns underpin the provisions of Directives 2003/54 and 2003/55 (see, to that effect, Enel Produzione , C‑242/10, EU:C:2011:861, paragraphs 39, 54 and 56). Those concerns are closely linked both to the liberalisation of the markets in question and to the objective, also pursued by those directives, of ensuring a stable electricity and gas supply (see, to that effect, Essent and Others , C‑105/12 to C‑107/12, EU:C:2013:677, paragraphs 59 to 65). | 62. Moreover, the illegality of an aid measure, or of part of that measure, owing to infringement of the obligation to notify prior to its implementation is not affected by the fact that the measure has been held to be compatible with the common market by a final decision of the Commission. | 0 |
4,699 | 38
Secondly, those same courts must ensure that the principle that it is for the victim to prove, through all means of proof generally allowed under national law and, as in the present case, inter alia through the production of serious, specific and consistent evidence, that there is a defect in the vaccine and a causal link, remains intact. This requires the court to safeguard its own freedom of assessment in determining whether such proof has been made out to the requisite legal standard, until such time as, having examined all the evidence adduced by both parties and the arguments exchanged by them, it considers itself in a position to draw a definitive conclusion on the matter, having regard to all the relevant circumstances of the case before it (see, by analogy, judgment of 9 November 1983, San Giorgio, 199/82, EU:C:1983:318, paragraph 14). | 28 IL Y A LIEU, PAR CONSEQUENT, DE REPONDRE A LA DEUXIEME QUESTION QUE LE REGLEMENT N* 857/84 DU CONSEIL, DU 31 MARS 1984, TEL QUE COMPLETE PAR LE REGLEMENT N* 1371/84 DE LA COMMISSION, DU 16 MAI 1984, EST INVALIDE DANS LA MESURE OU IL NE PREVOIT PAS L' ATTRIBUTION D' UNE QUANTITE DE REFERENCE AUX PRODUCTEURS N' AYANT PAS, EN EXECUTION D' UN ENGAGEMENT PRIS AU TITRE DU REGLEMENT N* 1078/77 DU CONSEIL, DU 17 MAI 1977, LIVRE DE LAIT PENDANT L' ANNEE DE REFERENCE RETENUE PAR L' ETAT MEMBRE CONCERNE .
SUR LA TROISIEME QUESTION | 0 |
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