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4,700 | 30. In that regard it must be pointed out that it is clear from the settled case-law of the Court that the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, in particular, Cases C-83/91 Meilicke [1992] ECR I‑4871, paragraph 22, and C-380/01 Schneider [2004] ECR I‑1389, paragraph 20). | 20. As regards the question referred for a preliminary ruling, it must be observed that the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see Case C-83/91 Meilicke [1992] ECR I-4871, paragraph 22; Case C-378/93 La Pyramide [1994] ECR I-3999, paragraph 10; and Case C-361/97 Nour [1998] ECR I-3101, paragraph 10). | 1 |
4,701 | 37. In so far as Article 5(3) of that regulation constitutes an exception to the normal export refund procedure, it must be interpreted strictly. Since the existence of force majeure is an essential condition of being able to claim payment of refunds for exported goods which have not been released for consumption in the non‑member country of import, it follows that that term must be interpreted in such a way that the number of cases capable of benefiting from such payment remains limited ( SGS Belgium and Others , paragraph 46, and, by analogy, Case C‑38/07 P Heuschen & Schrouff Oriëntal Foods Trading v Commission [2008] ECR I‑8599, paragraph 60). | 65. It does not follow, however, that, for the purposes of the comparative examination which the competent authority of the host Member State must undertake in circumstances such as those in the main proceedings, it is necessary to examine the academic equivalence of the diploma relied upon by the person concerned in relation to the diploma normally required of nationals of that State. | 0 |
4,702 | 32 It follows that the owner of a trade mark protected by the legislation of a Member State cannot rely on that legislation in order to oppose the importation or marketing of a product which was put on the market in another Member State by him or with his consent (see, in particular, Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11; HAG II, paragraph 12; and IHT Internationale Heiztechnik, paragraphs 33 and 34). | 10. En outre, la Cour a itérativement jugé que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (arrêts du 30 janvier 2002, Commission/Grèce, C‑103/00, Rec. p. I‑1147, point 23, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | 0 |
4,703 | 89. In particular, a legislative act adopted without the members of the legislative body having had available to them the information mentioned in paragraph 85 of this judgment cannot fall within the scope of Article 1(5) of Directive 85/337 (see Boxus and Others , paragraph 46, and Solvay and Others , paragraph 40). | 25. Il convient de rappeler que, selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne peuvent être pris en compte par la Cour (voir, notamment, arrêts du 11 janvier 2007, Commission/Irlande, C‑183/05, Rec. p. I‑137, point 17, et du 11 novembre 2010, Commission/Italie, C‑164/09, point 19). | 0 |
4,704 | 39. According to settled case-law, the first paragraph of Article 110 TFEU is infringed where the tax charged on the imported product and that charged on the similar domestic product are calculated in a different manner on the basis of different criteria which lead, if only in certain cases, to higher taxation being imposed on the imported product (Case C‑393/98 Gomes Valente [2001] ECR I‑1327, paragraph 21; Case C‑387/01 Weigel [2004] ECR I‑4981, paragraph 67; Brzeziński , paragraph 29; and Case C‑74/06 Commission v Greece [2007] ECR I‑7585, paragraph 25). In that respect, it must be borne in mind that, in order to apply Article 110 TFEU, not only the rate of direct or indirect internal taxation on domestic and imported products but also the basis of assessment for levying that tax must be taken into consideration (see Case 74/76 Iannelli & Volpi [1977] ECR 557, paragraph 21, and Commission v Denmark , paragraph 18). | 20. The concept of ‘imperative grounds of public security’ presupposes not only the existence of a threat to public security, but also that such a threat is of a particularly high degree of seriousness, as is reflected by the use of the words ‘imperative grounds’ ( Tsakouridis , paragraph 41). | 0 |
4,705 | 64
That being noted, it is important, moreover, to observe that, if the application of two different taxation methods to resident and non-resident pension funds is in this instance justified by the difference in situation of these two categories of taxpayers, the Court has previously held that, in relation to professional expenses directly linked to an activity that has generated taxable income in a Member State, residents and non-residents of that State are in a comparable situation (judgment of 17 September 2015, Miljoen and Others, C‑10/14, C‑14/14 and C‑17/14, EU:C:2015:608, paragraph 57). | 10 SECONDLY , THIS PROVISION FORMS PART OF THE SOCIAL OBJECTIVES OF THE COMMUNITY , WHICH IS NOT MERELY AN ECONOMIC UNION , BUT IS AT THE SAME TIME INTENDED , BY COMMON ACTION , TO ENSURE SOCIAL PROGRESS AND SEEK THE CONSTANT IMPROVEMENT OF THE LIVING AND WORKING CONDITIONS OF THEIR PEOPLES , AS IS EMPHASIZED BY THE PREAMBLE TO THE TREATY .
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4,706 | 45. The Court has held that copyright within the meaning of Directive 2001/29 is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation (see, to that effect, with regard to Article 2(a) of Directive 2001/29, Infopaq International , paragraphs 33 to 37). | 19
In those circumstances, the meaning and scope of that concept must be determined by considering its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it is part (see, to that effect, judgment of 5 October 2016, TMD, C‑412/15, EU:C:2016:738, paragraph 26 and the case-law cited). | 0 |
4,707 | 37. The Court’s case-law shows that freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State of establishment, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (Case C‑471/04 Keller Holding [2006] ECR I‑2107, paragraph 29, and Case C‑170/05 Denkavit Internationaal and Denkavit France [2006] ECR I‑11949, paragraph 20). | 12 NOR CAN IT BE INFERRED EITHER FROM THE DOCUMENTS ON THE FILE OR FROM THE ARGUMENTS PRESENTED TO THE COURT THAT SAN CARLO WAS INDIVIDUALLY WARNED IN GOOD TIME OF THE TERMINATION OF THAT PRACTICE . IN REPLY TO A QUESTION PUT BY THE COURT, THE COMMISSION ADMITTED THAT IT HAD INFORMED SAN CARLO FORMALLY OF THE DISCONTINUANCE OF THE PRACTICE IN QUESTION ONLY IN NOVEMBER 1984, THAT IS TO SAY AFTER THE PERIOD IN REGARD TO WHICH A SANCTION WAS IMPOSED IN RESPECT OF THE CONTESTED EXCESS DELIVERIES . | 0 |
4,708 | 35. It is also clear from the Court ' s case-law that the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish that product or service from others which have another origin and that, for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the EC Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality (see, in particular, Case C-349/95 Loendersloot [1997] ECR I-6227, paragraphs 22 and 24; Case C-39/97 Canon [1998] ECR I-5507, paragraph 28, and Philips , paragraph 30). | 50. With regard to the argument put forward by the Italian Republic that default interest is not due in respect of the operations in question on the ground that no customs debt was ever incurred, the Commission argues first that the wording of Article 379 of the Implementing Regulation indicates precisely the contrary, that is to say, it shows that a customs debt can be incurred where one of the two structural conditions laid down in that provision materialise, in other words, where the customs operation is irregular or where the debtor has failed to furnish proof of its regularity. | 0 |
4,709 | 61. It must be possible to plan the number of hospitals, their geographical distribution, their organisation and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, in a way which, first, meets, as a general rule, the objective of guaranteeing in the territory of the Member State concerned sufficient and permanent access to a balanced range of high-quality hospital treatment and, secondly, assists in ensuring the desired control of costs and prevention, as far as possible, of any wastage of financial, technical and human resources (see Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 80; Case C‑385/99 Müller-Fauré and van Riet [2003] ECR I‑4509, paragraphs 77 to 80; and Watts , paragraphs 108 and 109). | 57. That interest must, in the light of the purpose of the action, exist at the stage of lodging the action, failing which the action will be inadmissible, and continue until the final decision, failing which there will be no need to adjudicate (see, to that effect, judgments in Abdulrahim v Council and Commission , C‑239/12 P, EU:C:2013:331, paragarph 61, and Cañas v Commission , C‑269/12 P, EU:C:2013:415, paragraph 15). | 0 |
4,710 | 13 In considering the merits of that argument, it must be borne in mind that it is settled law (see, for example, the judgments in Case 188/73 Grassi v Council [1974] ECR 1099, paragraph 38, and Case C-343/87 Culin v Commission [1990] ECR I-225, paragraph 19) that although the appointing authority has wide discretion in comparing the candidates' merits and reports, especially with a view to the post to be filled, it must exercise it within the self-imposed limits set by the vacancy notice. | 79. Accordingly, whilst, as regards a trade mark comprising words, its distinctive character may be assessed, in part, in relation to each of its elements, taken separately, it must, in any event, depend on an appraisal of the whole which they comprise (see, by analogy, concerning Article 7(1)(b) of Regulation No 40/94, SAT.1 v OHIM , paragraph 28, and BioID v OHIM , paragraph 29). | 0 |
4,711 | 42. Furthermore, it is established case-law that, in interpreting a provision of Community law, it is necessary to consider not only its wording but also its general scheme, the context in which it occurs and the objects of the rules of which it forms part (see, to that effect, inter alia, Case C‑83/96 Dega [1997] ECR I‑5001, paragraph 15, and Case C‑294/01 Granarolo [2003] ECR I‑13429, paragraph 34). | 52. In contrast, reduction of the protection which workers are guaranteed in the sphere of fixed-term contracts is not prohibited as such by the Framework Agreement where it is in no way connected to the implementation of that agreement. | 0 |
4,712 | 36. It should be noted, however, that, in accordance with Article 46(b) EU, the provisions of the EC and EAEC Treaties concerning the powers of the Court of Justice and the exercise of those powers, including the provisions of Article 234 EC, apply to the provisions of Title VI of the EU Treaty under the conditions laid down by Article 35 EU. It follows that the system under Article 234 EC applies to the Court’s jurisdiction to give preliminary rulings under Article 35 EU, subject to the conditions laid down by that provision (see, to that effect, Case C‑105/03 Pupino [2005] ECR I‑5285, paragraphs 19 and 28, and Case C‑467/05 Dell’Orto [2007] ECR I‑5557, paragraph 34). | 16. En effet, si les États membres sont libres de choisir les voies et les moyens destinés à assurer la mise en œuvre d’une directive, cette liberté laisse cependant entière l’obligation, pour chacun des États destinataires, de prendre, dans le cadre de son ordre juridique national, toutes les mesures nécessaires en vue d’assurer le plein effet de la directive (arrêt du 13 mars 2008, Commission/Grèce, C-81/07, point 17). | 0 |
4,713 | 52. Il résulte également d’une jurisprudence constante que, lorsque les États membres ont décidé de recourir à la fixation de seuils et/ou de critères, la marge d’appréciation qui leur est ainsi conférée trouve ses limites dans l’obligation, énoncée à l’article 2, paragraphe 1, de la directive 85/337, de soumettre, avant l’octroi d’une autorisation, à une étude d’incidences les projets susceptibles d’avoir des incidences notables sur l’environnement, notamment en raison de leur nature, de leurs dimensions ou de leur localisation (arrêts du 20 novembre 2008, Commission/Irlande, C‑66/06, point 61 et jurisprudence citée, ainsi que Commission/Pays-Bas, précité, point 32). | 30 Mr McLachlan therefore has rights against the competent institutions of the United Kingdom in respect of the periods of insurance completed in that State and against the French institutions in respect of the periods completed in France. | 0 |
4,714 | 50. In the application of Directive 2004/38, a balance must be struck more particularly between the exceptional nature of the threat to public security as a result of the personal conduct of the person concerned, assessed if necessary at the time when the expulsion decision is to be made (see, inter alia, Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraphs 77 to 79), by reference in particular to the possible penalties and the sentences imposed, the degree of involvement in the criminal activity, and, if appropriate, the risk of reoffending (see, to that effect, inter alia, Case 30/77 Bouchereau [1977] ECR 1999, paragraph 29), on the one hand, and, on the other hand, the risk of compromising the social rehabilitation of the Union citizen in the State in which he has become genuinely integrated, w hich, as the Advocate General observes in point 95 of his Opinion, is not only in his interest but also in that of the European Union in general. | 26 Accordingly, even though the provisions of the directive in question are sufficiently precise and unconditional as regards the determination of the persons entitled to the guarantee and as regards the content of that guarantee, those elements are not sufficient to enable individuals to rely on those provisions before the national courts. Those provisions do not identify the person liable to provide the guarantee, and the State cannot be considered liable on the sole ground that it has failed to take transposition measures within the prescribed period. | 0 |
4,715 | 155. The reasonableness of a period is to be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned, its complexity and the conduct of the applicant and of the competent authorities (Baustahlgewebe , cited above, paragraph 29, and Limburgse Vinyl Maatschappij , paragraph 187). | 77. It is clear from paragraph 51 of Age Concern England that mere generalisations indicating that a measure is likely to contribute to employment policy, labour market or vocational training objectives are not enough to show that the aim of that measure is capable of derogating from the principle of non-discrimination on grounds of age and do not constitute evidence on the basis of which it could reasonably be considered that the means chosen are likely to achieve that aim. | 0 |
4,716 | 32. It is true that this principle of interpreting national law in conformity with EU law has certain limitations. Thus the obligation on a national court to refer to the content of EU law when interpreting and applying the relevant rules of domestic law is limited by general principles of law and it cannot serve as the basis for an interpretation of national law contra legem (see to that effect, judgments in Impact , C‑268/06, EU:C:2008:223, paragraph 100, and Association de médiation sociale , C‑176/12, EU:C:2014:2, paragraph 39). | 60. Likewise, the prohibition thus laid down limits the choice of service recipients in Italy, because they cannot resort to the services of lawyers established in other Member States who would offer their services in Italy at a lower rate than the minimum fees set by the scale. | 0 |
4,717 | 24. In that regard, it should be borne in mind that it is apparent from Article 225 EC, the first paragraph of Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the contested judgment, merely reproduces the pleas in law and arguments previously submitted to the General Court. Such an appeal amounts in reality to no more than a request for re-examination of the application submitted to the General Court, which the Court of Justice does not have jurisdiction to undertake (see, in particular, Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraphs 34 and 35, and Case C‑76/01 P Eurocoton and Others v Council [2003] ECR I‑10091, paragraphs 46 and 47). | 15 SINCE THE APPLICANT WAS IN THE BEST POSITION TO KNOW THAT HE DID NOT FULFIL THE CONDITIONS LAID DOWN IN THE VACANCY NOTICE , HE IS ALSO DEBARRED FROM FOUNDING HIS ACTION ON A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION BECAUSE SUCH EXPECTATION ON HIS PART MAY NOT BE CREATED BY AN UNDERTAKING VITIATED BY THE MISTAKE OF FACT DESCRIBED ABOVE .
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4,718 | 24. It should be recalled that Article 67(1) EEC (subsequently Article 67(1) of the EC Treaty, itself repealed by the Treaty of Amsterdam) did not have the effect of abolishing restrictions on movements of capital by the end of the transitional period. Their abolition was a matter for Council directives adopted on the basis of Article 69 of the EEC Treaty (subsequently Article 69 EC, itself repealed by the Treaty of Amsterdam) (see Case 203/80 Casati [1981] ECR 2595, paragraphs 8 to 13; and Case C-483/93 Svensson and Gustavsson [1995] ECR I-3955, paragraph 5). | 20 The Fund is responsible for paying the fixed portion of the salaries payable to notaries and other civil servants; it also meets the cost of training notaries and of acquiring office space and equipment for them; and, subject to authorisation from the Ministry of Justice, it covers other expenditure in the field of legal administration (Modelo I, paragraph 20). | 0 |
4,719 | 73
It would only be if, taking account of the facts of each of the present cases, applications, such as those at issue in the main proceedings, were to display closer connections with a place other than the ‘home base’ that the relevance of the latter for the identification of ‘the place from which employees habitually carry out their work’ would be undermined (see, to that effect, judgment of 27 February 2002, Weber, C‑37/00, EU:C:2002:122, paragraph 53, as well as, by analogy, judgment of 12 September 2013, Schlecker, C‑64/12, EU:C:2013:551, paragraph 38 and the case-law cited). | 41. It must therefore be concluded that if a curable or incurable illness entails a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and the limitation is a long-term one, such an illness can be covered by the concept of ‘disability’ within the meaning of Directive 2000/78. | 0 |
4,720 | 32. Concerning, in the second place, Article 20 TFEU, the Court has held that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom of movement, a right of residence cannot, exceptionally, without undermining the effectiveness of the Union citizenship that citizen enjoys, be refused to a third-country national who is a family member of his if, as a consequence of refusal, that citizen would be obliged in practice to leave the territory of the European Union altogether, thus denying him the genuine enjoyment of the substance of the rights conferred by virtue of the status of citizen of the European Union (see Iida , paragraph 71, and Ymeraga and Ymeraga-Tafarshiku , paragraph 36). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,721 | 24. A Member State which, pursuant to a decision of the Commission, is obliged to recover illegal aid is thus free to choose the means of fulfilling that obligation, provided that the measures chosen do not adversely affect the scope and effectiveness of Community law (see Case C-209/00 Commission v Germany , paragraph 34). | 25 The Court has also held that the principle of equal treatment laid down by the Directive is of general application and that the Directive applies to employment in the public service (see, in particular, Case C-273/97 Sirdar [1999] ECR I-7403, paragraph 18, and Case C-285/98 Kreil [2000] ECR I-69, paragraph 18). | 0 |
4,722 | 86
The Court has pointed out that to accept that the EU judicature has the direct responsibility for ensuring that EU law complies with the WTO agreements would effectively deprive the European Union’s legislative or executive bodies of the discretion which the equivalent bodies of the European Union’s trading partners enjoy. It is not in dispute that some of the contracting parties, including the European Union’s most important trading partners, have concluded from the subject matter and purpose of the WTO agreements that they are not among the rules applicable by their courts when reviewing the legality of their rules of domestic law. Such lack of reciprocity, if accepted, would risk introducing an imbalance in the application of the WTO agreements (judgments in Portugal v Council, C‑149/96, EU:C:1999:574, paragraphs 43 to 46, and Commission v Rusal Armenal, C‑21/14 P, EU:C:2015:494, paragraph 39). | 44 Admittedly, the fact that the courts of one of the parties consider that some of the provisions of the agreement concluded by the Community are of direct application whereas the courts of the other party do not recognise such direct application is not in itself such as to constitute a lack of reciprocity in the implementation of the agreement (Kupferberg, paragraph 18). | 1 |
4,723 | 28
In that regard, it should be noted that although the terms ‘give judgment’, within the meaning of the second paragraph of Article 267 TFEU, encompass the whole procedure leading to the referring court’s judgment, they must be interpreted broadly in order to prevent many procedural questions from being regarded as inadmissible and from being unable to be the subject of interpretation by the Court and the latter from being unable to interpret all procedural provisions of EU law that the referring court is required to apply (see, to that effect, judgments of 17 February 2011 in Weryński, C‑283/09, EU:C:2011:85, paragraphs 41 and 42, and of 11 June 2015 in Fahnenbrock and Others, C‑226/13, C‑245/13, C‑247/13 and C‑578/13, EU:C:2015:383, paragraph 30). | 48. Next, as stated by the Advocate General in point 64 of his Opinion, pursuant to Article 5 of Directive 2008/115, headed ‘Non-refoulement, best interests of the child, family life and state of health’, when the Member States implement that directive, they must, first, take due account of the best interests of the child, family life and the state of health of the third-country national concerned and, second, respect the principle of non-refoulement. | 0 |
4,724 | 69. Having regard to the considerations set out in paragraphs 40 to 48 above, in the absence of provisions in Regulation No 1408/71 concerning specifically the risk of reliance on care, Article 27 of that regulation must, in circumstances such as those at issue in the main proceedings, be interpreted in the light of the objectives underlying the regulation, taking into account the particular features of benefits relating to the risk of reliance on care as opposed to sickness benefits stricto sensu (see, inter alia, by analogy, Case 100/78 Rossi [1979] ECR 831, paragraph 12, and Case C‑168/88 Dammer [1989] ECR 4553, paragraph 20). | 53. On the other hand, it is apparent from the case-law that the need to safeguard the balanced allocation between the Member States of the power to tax may be accepted, in particular, where the system in question is designed to prevent conduct capable of jeopardising the right of a Member State to exercise its powers of taxation in relation to activities carried out in its territory (see Oy AA , paragraph 54; Case C-379/05 Amurta [2007] ECR I-9569, paragraph 58; Case C-303/07 Aberdeen Property Fininvest Alpha [2009] ECR I-5145, paragraph 66; Case C‑284/09 Commission v Germany [2011] ECR I-0000, paragraph 77; and Joined Cases C-338/11 to C-347/11 Santander Asset Management SGIIC and Others [2012] ECR I-0000, paragraph 47). | 0 |
4,725 | 36. That requirement is an expression of the ‘polluter pays’ principle, which implies, as the Court has already held in regard to Directive 75/442 and Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9), that the cost of disposing of the waste must be borne by the waste holders (Case C‑1/03 Van de Walle and Others [2004] ECR I‑7613, paragraph 57; Case C‑188/07 Commune de Mesquer [2008] ECR I‑4501, paragraph 71; and Futura Immobiliare and Others , paragraphs 44 and 45 and the case-law cited). It forms part of the objective of Directive 1999/31 which, according to Article 1(1) thereof, is to meet the requirements of Directive 75/442, and in particular Article 3 thereof, which inter alia requires the Member States to take appropriate measures to encourage the prevention or reduction of waste production. | 62 THAT INVOLVES AN APPRAISAL OF COMPLEX ECONOMIC MATTERS, AND IT SHOULD BE RECALLED THAT IN ITS JUDGMENT OF 11 JULY 1985 IN CASE 42/84 REMIA V COMMISSION (( 1985 )) ECR 2566 THE COURT HELD THAT ALTHOUGH AS A GENERAL RULE IT UNDERTAKES A COMPREHENSIVE REVIEW OF THE QUESTION WHETHER OR NOT THE CONDITIONS FOR THE APPLICATION OF ARTICLE 85*(1 ) ARE MET, ITS REVIEW OF SUCH APPRAISALS MADE BY THE COMMISSION IS NECESSARILY LIMITED TO VERIFYING WHETHER THE RELEVANT RULES ON PROCEDURE AND ON THE STATEMENT OF REASONS HAVE BEEN COMPLIED WITH, WHETHER THE FACTS HAVE BEEN ACCURATELY STATED AND WHETHER THERE HAS BEEN ANY MANIFEST ERROR OF APPRAISAL OR A MISUSE OF POWERS . | 0 |
4,726 | 40
In that context, it must be borne in mind that, in accordance with the Court’s settled case-law, in the absence of EU rules governing the matter, it is for the domestic legal system of each Member State, in accordance with the principle of procedural autonomy, 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, the Member States having none the less responsibility for ensuring that those rights are effectively protected in each case (see, to that effect, judgments of 30 September 2003, Köbler, C‑224/01, EU:C:2003:513, paragraph 47, and of 27 June 2013, Agrokonsulting, C‑93/12, EU:C:2013:432, paragraph 35). | 24. Such a tax comes under the general system of internal taxation on goods and must therefore be examined in the light of Article 90 EC. | 0 |
4,727 | 30 So, the mere fact that the service provided by the old and new undertaking providing a contracted-out service or the old and new contract holder is similar does not justify the conclusion that there has been a transfer of an economic entity between the successor undertakings. Such an entity cannot be reduced to the activity entrusted to it. Its identity also emerges from other factors, such as its workforce, its management staff, the way in which its work is organised, its operating methods or indeed, where appropriate, the operational resources available to it (Süzen, cited above, paragraph 15). | 55 Further, the Court has already held that a third party's use of a mark may take unfair advantage of the distinctive character or the reputation of the mark or be detrimental to them, for example by giving the public a false impression of the relationship between the advertiser and the trade mark owner (see the judgment in BMW, cited above, paragraph 40). | 0 |
4,728 | 23 The right to respect for private life and, as one of its aspects, the right to the protection of medical confidentiality constitute fundamental rights protected by the legal order of the Community (see judgment in Case 136/79 National Panasonic v Commission [1980] ECR 2033). As the Court held in its judgment in Case 260/89 Elleniki Radiophonia Tileorassi v Dimiotiki Etaivia Pliroforissis and Others [1991] ECR 2925, paragraph 43, where a Member State relies on the provisions of the Treaty in order to justify national rules which are likely to obstruct the exercise of a freedom guaranteed by the Treaty, such justification, provided for by Community law, is to be interpreted in the light of the general principles of law and in particular of fundamental rights. Those rights, however, do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the Community and that they do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed (judgment in Case 265/87 Hermann Schraeder HS Kraftfutter GmbH & Co KG v Hauptzollamt Gronau [1989] ECR 2237, paragraph 15). Objectives which may justify such restrictions include the protection of public health and human life. | 18 Finally, pursuant to Article 1(2)(a) of Decision 94/442/EC, the Commission, as it has rightly maintained, and without being contradicted on this point by the German Government, is not bound by the conclusions of the Conciliation Body when adopting its decision. | 0 |
4,729 | 55. As regards the question whether national legislation, such as the legislation at issue in the main proceedings, gives rise to a restriction which is prohibited by Article 49 EC, it should be pointed out that, according to settled case-law, the freedom to provide services requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (see, inter alia, Case C-266/96 Corsica Ferries France [1998] ECR I‑3949, paragraph 56; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I‑8453, paragraph 33; and Case C-205/99 Analir and Others [2001] ECR I‑1271, paragraph 21). | 21 It is settled case-law that freedom to provide services requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less attractive the activities of a provider of services established in another Member State where he lawfully provides similar services (see, in particular, Case C-76/90 Säger [1991] ECR I-4221, paragraph 12; Case C-43/93 Vander Elst [1994] ECR I-3803, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 10; Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 56; and Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33). | 1 |
4,730 | 22. As the Court has already held, it follows that, pursuant to the first sentence of Article 93(3) of the Treaty, plans to grant or alter aid must be notified to the Commission before they are implemented (see, inter alia, Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 35; Case C-295/97 Piaggio [1999] ECR I‑3735, paragraph 44; and Case C-278/00 Greece v Commission [2004] ECR I-3997, paragraph 30). | 65. En vertu de l’article 4, paragraphe 2, de la directive «concurrence», de l’article 7, paragraphe 3, de la directive «autorisation» et de l’article 8, paragraphe 1, de la directive-cadre, les droits d’utilisation des radiofréquences doivent être attribués sur la base de critères objectifs, transparents, non discriminatoires et proportionnés. Cette dernière condition implique que ces critères soient propres à garantir la réalisation de l’objectif qu’ils poursuivent et n’aillent pas au-delà de ce qui est nécessaire pour qu’il soit atteint. | 0 |
4,731 | 65
The General Court, which has jurisdiction under Article 256(1) TFEU, hearing a claim for damages, is required to rule on such a claim sitting in a different composition from that which heard the dispute which gave rise to the procedure whose duration is criticised (see, inter alia, judgments of 10 July 2014 in Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 67; of 9 October 2014 in ICF v Commission, C‑467/13 P, EU:C:2014:2274, paragraph 58; and of 12 November 2014 in Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraph 19). | 29 It should be observed that, if it is the case that such a difference has been maintained, the specification of the age for award of a retirement pension effectively determines the length of the period during which persons can contribute to the pension scheme. | 0 |
4,732 | 41. The Court has also consistently held that the equal treatment rule laid down both in Article 45 TFEU and in Article 7 of Regulation No 1612/68 prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead in fact to the same result (see Case C-57/96 Meints [1997] ECR I-6689, paragraph 44; C-147/03 Commission v Austria [2005] ECR I‑5969, paragraph 41; Case C‑269/07 Commission v Germany [2009] ECR I-7811, paragraph 53; and Commission v Netherlands , paragraph 37). | 16. By letter of 24 October 2001, TGI submitted its observations in respect of the second formal investigation procedure and requested the Commission to give it access to a non-confidential version of the file and the opportunity to submit, subsequently, further observations. That request was rejected by the Commission by letter of 23 November 2001. | 0 |
4,733 | 32. The scope of Article 28 EC does not extend to the obstacles to trade covered by other specific provisions of the Treaty and obstacles of a fiscal nature or having an effect equivalent to customs duties, which are covered by Articles 23 EC, 25 EC and 90 EC, do not fall within the prohibition laid down in Article 28 EC (see Joined Cases C-78/90 to C-83/90 Compagnie Commerciale de l ' Ouest and Others [1992] ECR I-1847, paragraph 20, and Dounias , paragraph 39). | 33. Conformément à la règle générale énoncée à l’article 73 de la directive TVA, la base d’imposition pour la livraison d’un bien ou la prestation d’un service, effectuées à titre onéreux, est constituée par la contrepartie réellement reçue à cet effet par l’assujetti. Cette contrepartie constitue la valeur subjective, à savoir réellement perçue, et non une valeur estimée selon des critères objectifs (voir, notamment, arrêts du 5 février 1981, Coöperatieve Aardappelenbewaarplaats, 154/80, Rec. p. 445, point 13, et du 26 avril 2012, Balkan and Sea Properties et Provadinvest, C‑621/10 et C‑129/11, point 43). | 0 |
4,734 | 35
For the purposes of reaching that conclusion, the Court held, in the light of recital 39 and of the wording of Article 12(2) and (3) of the Directive on privacy and electronic communications, that, where a subscriber has been informed by the undertaking which assigned him a telephone number of the possibility that his personal data may be passed to a third-party undertaking, with a view to being published in a public directory, and where he has consented to the publication of those data in such a directory, renewed consent is not needed from the subscriber for the passing of those same data to another undertaking which intends to publish a printed or electronic public directory, or to make such directories available for consultation through directory enquiry services, if it is guaranteed that the data in question will not be used for purposes other than those for which the data were collected with a view to their first publication. The consent given under Article 12(2) of that directive, by a subscriber who has been duly informed, to the publication of his personal data in a public directory relates to the purpose of that publication and thus extends to any subsequent processing of those data by third-party undertakings active in the market for publicly available directory enquiry services and directories, provided that such processing pursues that same purpose. The Court has stated in that regard that the wording of Article 12(2) of the Directive on privacy and electronic communications does not support the inference that the subscriber has a selective right to decide in favour of certain providers of publicly available directory enquiry services and directories (see, to that effect, judgment of 5 May 2011, Deutsche Telekom, C‑543/09, EU:C:2011:279, paragraphs 62 to 65). | 71 ALTHOUGH, AS HAS BEEN INDICATED EARLIER, THE SYSTEM OF NATIONAL QUOTAS, BY TENDING TO PARTITION NATIONAL MARKETS, ONLY LEAVES A RESIDUAL FIELD FOR THE OPERATION OF THE RULES OF COMPETITION, THAT FIELD IS IN TURN TO A GREAT EXTENT FUNDAMENTALLY RESTRICTED IN ITS SCOPE BY THE SPECIAL ORGANIZATION OF THE ITALIAN MARKET . | 0 |
4,735 | 87. That provision gives concrete expression to the principle of State liability for loss and damage caused to individuals as a result of breaches of EU law for which the State can be held responsible. According to case-law developed since the adoption of Directive 89/665, but which is now consistent, that principle is inherent in the legal order of the Union. The Court has held that individuals harmed have a right to reparation where three conditions are met: the rule of EU law infringed must be intended to confer rights on them; the breach of that rule must be sufficiently serious; and there must be a direct causal link between the breach and the loss or damage sustained by the individuals (Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraphs 31 and 51; and Case C‑445/06 Danske Slagterier [2009] ECR I‑2119, paragraphs 19 and 20). | 58. Therefore, given that the issuing of a European arrest warrant cannot, as such, justify the holding of the requested person for a period the total duration of which exceeds the time necessary to execute that warrant, the executing judicial authority may decide to hold that person in custody, in accordance with Article 6 of the Charter, only in so far as the procedure for the execution of the European arrest warrant has been carried out in a sufficiently diligent manner and in so far as, consequently, the duration of the custody is not excessive. | 0 |
4,736 | 51
The Court has held in this regard that, on grounds of legal certainty, the effects of such an act may be maintained, in particular where the immediate effects of its annulment would give rise to serious negative consequences for the persons concerned and where the lawfulness of the act in question is contested, not because of its aim or content, but on grounds of lack of competence or infringement of an essential procedural requirement (judgment of 26 November 2014 in Parliament and Commission v Council, C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 90 and the case-law cited). | 62. In accordance with other sections of the Directive, account may be taken of the disproportionate nature of other possible measures. With regard to the obligation to inform the data subject, recital 40 in the preamble to the Directive states that the number of data subjects and the age of the data may be taken into consideration. Furthermore, in accordance with Article 17 of the Directive concerning security of processing, Member States are to provide that the controller must implement appropriate technical and organisational measures which, having regard to the state of the art and the cost of their implementation, are to ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected. | 0 |
4,737 | 47. It must also be recalled that, according to the settled case-law of the Court of Justice, an appeal must indicate precisely the alleged flaws in the judgment which the appellant claims should be set aside, and also the legal arguments specifically advanced in support of that claim, failing which the latter is inadmissible (see, inter alia, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 497 and 618, and Dalmine v Commission , paragraph 153). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
4,738 | 19. As regards, in the second place, the condition that the advantage must be granted directly or indirectly through State resources, it is to be recalled that measures not involving a transfer of State resources may fall within the concept of aid (see, to that effect, Case C‑387/92 Banco Exterior de España [1994] ECR I‑877, paragraph 14, and Case C‑6/97 Italy v Commission [1999] ECR I‑2981, paragraph 16). | 43. That exclusion is a specific expression of the principle of fiscal neutrality, which precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (see Case C‑109/02 Commission v Germany [2003] ECR I‑12691, paragraph 20, and Ygeia , paragraph 32). | 0 |
4,739 | 31. S’agissant de la règle de compétence spéciale prévue à l’article 5, point 1, du règlement en matière contractuelle, qui complète la règle de compétence de principe du for du domicile du défendeur, la Cour a jugé qu’elle répond à un objectif de proximité et est motivée par le lien de rattachement étroit entre le contrat et le tribunal appelé à en connaître (arrêt du 11 mars 2010, Wood Floor Solutions Andreas Domberger, C‑19/09, Rec. p. I‑2121, point 22 et jurisprudence citée). | 19 WITH REGARD TO THE IMPLEMENTATION OF THE PROVISIONS OF THE TREATY THE SYSTEM OF INTERNAL COMMUNITY MEASURES MAY NOT THEREFORE BE SEPARATED FROM THAT OF EXTERNAL RELATIONS . | 0 |
4,740 | 96. In that regard, it follows from that case-law that that obligation is not satisfied if the Commission’s complaints are set out in the application only in the form of a reference to the grounds stated in the formal letter and in the reasoned opinion, or again in the part of the application devoted to the legal background (see, to that effect, inter alia, Case C-52/90 Commission v Denmark [1992] ECR I-2187, paragraphs 17 and 18; Case C-375/95 Commission v Greece [1997] ECR I-5981, paragraph 35; and Case C-202/99 Commission v Italy [2001] ECR I-9319, paragraphs 20 and 21). | 88. It follows that the inclusion in the label of a neutral and objective statement informing consumers of the presence in the product of vegetable fats other than cocoa butter would be sufficient to ensure that consumers are given correct information. | 0 |
4,741 | 28. Such a finding is consistent with the aim of Chapter 1, paragraph 2, of Annex X, which is intended to prevent, following the accession of the new Member States, disturbances on the labour markets of the existing Member States due to the immediate arrival of a large number of workers who are nationals of the new States (see, by analogy, judgment in Vicoplus and Others , C‑307/09 to C‑309/09, EU:C:2011:64, paragraph 34). | 103. The enforceability of an authentic instrument does not, however, derive from powers possessed by the notary which are directly and specifically connected with the exercise of official authority. While the notary’s endorsement of the authority to enforce on the authentic instrument does give it enforceable status, that status is based on the intention of the parties to enter into a document or agreement, after its conformity with the law has been checked by the notary, and to make it enforceable. | 0 |
4,742 | 64
Under Article 4(1) of Directive 93/13, a contractual term may be declared unfair only after a case-by-case examination of all the relevant circumstances, including the nature of the goods or services which are the subject of the contract. | 61. Determination of a company’s place of business requires a series of factors to be taken into consideration, foremost amongst which are its registered office, the place of its central administration, the place where its directors meet and the place, usually identical, where the general policy of that company is determined. Other factors, such as the place of residence of the main directors, the place where general meetings are held, the place where administrative and accounting documents are kept, and the place where the company’s financial, and particularly banking, transactions mainly take place, may also need to be taken into account. | 0 |
4,743 | 24. In so far as the jurisdiction of the court of the place where the harmful event occurred or may occur constitutes a rule of special jurisdiction, it must be interpreted restrictively and cannot give rise to an interpretation going beyond the cases expressly envisaged by Regulation No 44/2001 (see, by analogy, Zuid‑Chemie , paragraph 22). | 45. In that regard, it must be pointed out, first, that Regulation No 1393/2007 does not contain any exceptions to the use of those forms. | 0 |
4,744 | 19. In that regard, the Court recalled that, under the second paragraph of Article 49 EC, freedom of establishment is to be exercised under the conditions which the legislation of the country of establishment lays down for its own nationals. It follows that, where the taking up or pursuit of a specific activity is r egulated in the host Member State, a national of another Member State intending to pursue that activity must in principle comply with the conditions of that regulation (Case C‑55/94 Gebhard [1995] ECR I-4165, paragraph 36). | 18. À titre liminaire, il convient de rappeler qu’il ressort de la jurisprudence de la Cour que la procédure en manquement repose sur la constatation objective du non-respect par un État membre des obligations que lui impose le droit de l’Union et que les principes du respect de la confiance légitime et de coopération loyale ne sauraient, dans un cas tel que celui de l’espèce, être invoqués par un État membre pour faire obstacle à la constatation objective du non-respect, par lui, des obligations que lui impose le traité CE, car l’admission de cette justification irait à l’encontre de l’objectif poursuivi par la procédure prévue à l’article 226 CE (voir, en ce sens, arrêts du 24 avril 2007, Commission/Pays-Bas, C-523/04, Rec. p. I‑3267, point 28, et du 6 octobre 2009, Commission/Espagne, C‑562/07, non encore publié au Recueil, point 18). | 0 |
4,745 | 22. As the Court observed in paragraph 29 of its judgment in Commission v Italy , the Community legislature meant to secure the principle of freedom to set rates in the non-life insurance sector, including the area of compulsory insurance such as insurance covering third-party liability arising from the use of motor vehicles. That principle implies, as the Court stated in the same paragraph of that judgment, the prohibition of any system of prior or systematic notification or approval of the rates which an insurance undertaking intends to use in its dealings with policyholders. The only derogation from that principle allowed by Directive 92/49 concerns prior notification and approval of ‘increases in premium rates’ in the framework of ‘general price-control systems’. | 34. However, the Commission is required not to show exhaustively that the checks carried out by the national authorities were inadequate or that the figures they have transmitted are irregular, but to produce evidence of its serious and reasonable doubt regarding such checks or figures (see Case C‑54/95 Germany v Commission [1999] ECR I‑35, paragraph 35). | 0 |
4,746 | 54. In accordance with settled case-law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of European Union law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means (Case C‑314/08 Filipiak [2009] ECR I‑11049, paragraph 81 and the case-law cited). | 9 IN VIEW OF THE WIDE DEFINITION OF THE TERM "ECONOMIC ACTIVITIES", ENCOMPASSING ALL THE ACTIVITIES OF THE PROFESSIONS WITHOUT ANY RESERVATION IN RESPECT OF PROFESSIONS REGULATED BY STATUTE, IT MUST BE CONCLUDED THAT, IN SO FAR AS NOTARIES AND BAILIFFS IN THE NETHERLANDS PROVIDE SERVICES TO PRIVATE INDIVIDUALS ON A PERMANENT BASIS AND IN RETURN FOR REMUNERATION, THEY CARRY OUT AN ECONOMIC ACTIVITY WITHIN THE MEANING OF THE SIXTH DIRECTIVE . | 0 |
4,747 | 21. As the Court has held on a number of occasions, an inaccurate declaration of the eligible area in the application for aid, as referred to in Article 9(2) of Regulation No 3887/92, constitutes an irregularity within the meaning of Article 1(2) of Regulation No 2988/95 and the withdrawal of the aid under the same provision of Regulation No 3887/92, in the light of the difference between the area declared and the area actually determined, constitutes an administrative penalty within the meaning of Article 2(2) of Regulation No 2988/95 (Case C-354/95 National Farmers’ Union and Others [1997] ECR I-4559, paragraphs 40 and 41; Case C‑304/00 Strawson and Gagg & Sons [2002] ECR I‑10737, paragraph 46; and Case C‑94/05 Emsland-Stärke [2006] ECR I-0000, paragraph 63; see also, by analogy, Case C‑295/02 Gerken [2004] ECR I-6369, paragraph 50). | 67 It should be noted that the fact that an appeal, or a plea in support of an appeal, does not refer to all the reasons which led the Court of First Instance to adopt a position on a question does not result in the plea being inadmissible. | 0 |
4,748 | 39. As regards the question whether that duty is a charge having equivalent effect, it is settled case-law that any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect within the meaning of Articles 23 EC and 25 EC (see, inter alia, Case C‑90/94 Haahr Petroleum [1997] ECR I‑4085, paragraph 20, and Case C-213/96 Outokumpu [1998] ECR I‑1777, paragraph 20). | 18 The German and Norwegian Governments, and the Commission, maintain that an exclusive right to place employees should be assessed in the light of the principles that can be extracted from the judgment in Höfner and Elser, cited above. | 0 |
4,749 | 33. It is also settled case‑law that the exemptions referred to in Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another and which must be placed in the general context of the common system of VAT (see Case C-240/99 Skandia [2001] ECR I-1951, paragraph 23, and Case C-472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 25). | 181 In that connection, it should be observed that, contrary to what the appellants maintain, an administrative procedure may involve an examination in two successive stages. | 0 |
4,750 | 44. As regards, specifically, the factor relating to organisation, although the Court has previously held that that factor contributes to defining an economic entity (see, to that effect, Case C‑13/95 Süzen [1997] ECR I‑1259, paragraph 15; Case C‑234/98 Allen and Others [1999] ECR I‑8643, paragraph 27; Case C‑175/99 Mayeur [2000] ECR I-7755, paragraph 53; and Case C-172/99 Liikenne [2001] ECR I‑745, paragraph 34), it has also held that an alteration in the organisational structure of the entity transferred is not such as to prevent the application of Directive 2001/23 (see, to that effect, Joined Cases C‑171/94 and C‑172/94 Merckx and Neuhuys [1996] ECR I‑1253, paragraphs 20 and 21; Mayeur , paragraph 54; and Case C‑458/05 Jouini and Others [2007] ECR I‑7301, paragraph 36). | 22 This rule of equal treatment lays down a precise obligation to produce a specific result and, by its nature, can be relied on by an individual to apply to a national court to set aside the discriminatory provisions of a Member State's legislation, without any further implementing measures being required for that purpose. | 0 |
4,751 | 44
The Court has added that there is a usage in the branch of trade or commerce in question where, in particular, a certain course of conduct is generally and regularly followed by operators in that branch when concluding contracts of a particular type (judgments of 20 February 1997 in MSG, C‑106/95, EU:C:1997:70, paragraph 23, and of 16 March 1999 in Castelletti, C‑159/97, EU:C:1999:142, paragraph 26). | 44. However, that legal basis is provided by the combined provisions of Article 5(2)(c) of Regulation No 729/70 and Articles 2 and 3 of the same regulation, under the terms of which refunds granted and intervention undertaken "in accordance with the Community rules" within the framework of the common organisation of agricultural markets are to be financed by the EAGGF. By allowing the Commission to charge to the EAGGF only intervention carried out in accordance with Community provisions, those articles oblige the Commission to refuse financing of expenditure when it finds, as in this case, that irregularities have occurred (see, to that effect, Case 11/76 Netherlands v Commission [1979] ECR 245, paragraph 8). | 0 |
4,752 | 99. The Court has already held, in relation to the absolute protection of an indication of source granted under a bilateral agreement of essentially the same kind as the one at issue in the main proceedings, that the aim of such an agreement, which is to prevent the producers of a contracting State from using the geographical names of another State and thereby taking advantage of the reputation of the products of undertakings established in the regions or places indicated by those names, is to ensure fair competition. Such an objective may be regarded as falling within the sphere of the protection of industrial and commercial property within the meaning of Article 30 EC, provided that the names in question have not, either at the time of the entry into force of that agreement or subsequently, become generic in the country of origin (see Exportur , paragraph 37, and Case C-87/97 Consorzio per la tutela del formaggio Gorgonzola [1999] ECR I-1301, paragraph 20). | 107. In particular, it must be found that an undertaking abuses its dominant position where, in a market the competition structure of which is already weakened by reason precisely of the presence of that undertaking, it operates a pricing policy the sole economic objective of which is to eliminate its competitors with a view, subsequently, to profiting from the reduction of the degree of competition still existing in the market. | 0 |
4,753 | 32. As regards the principle of protection of the legitimate expectations of the beneficiary of the favourable conduct, it is appropriate, first, to determine whether the conduct of the administrative authorities gave rise to a reasonable expectation in the mind of a reasonably prudent economic agent (see, to that effect, Joined Cases 95/74 to 98/74, 15/75 and 100/75 Union nationale des coopératives agricoles de céréales and Others v Commission and Council [1975] ECR 1615, paragraphs 43 to 45, and Case 78/77 Lührs [1978] ECR 169, paragraph 6). If it did, the legitimate nature of this expectation must then be established. | 22. En outre, il y a lieu de rappeler que les véhicules automobiles présents sur le marché dans un État membre sont des «produits nationaux» de celui-ci, au sens de l’article 110 TFUE (voir arrêt Tatu, précité, point 55). | 0 |
4,754 | 61. In that regard it should be borne in mind that according to settled case-law, in the absence of EU rules in the field, it is for the national 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, provided that such rules are not less favourable than those governing similar national actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by EU law (principle of effectiveness) (see, inter alia, judgment in Fiamingo and Others , C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 63 and the case-law cited). | 17 The essential characteristic of remuneration thus lies in the fact that it constitutes consideration for the service in question, and is normally agreed upon between the provider and the recipient of the service . | 0 |
4,755 | 44. It should be borne in mind, first, that in view of the mandatory nature of the review of State aid by the Commission under Article 93 of the Treaty, undertakings to which aid has been granted may not, in principle, entertain a legitimate expectation that the aid is lawful unless it has been granted in compliance with the procedure laid down in that article and, second, that a diligent businessman should normally be able to determine whether that procedure has been followed (Case C-5/89 Commission v Germany [1990] ECR I-3437, paragraph 14; Case C-169/95 Spain v Commission [1997] ECR I-135, paragraph 51; and Case C-24/95 Alcan Deutschland [1997] ECR I-1591, paragraph 25). | 78. As a result, the drafting error pointed out by the appellant cannot be regarded as an error of reasoning which could justify the annulment of the judgment under appeal on that point (see Case C-326/91 P de Compte v Parliament [1994] ECR I‑2091, paragraph 96). | 0 |
4,756 | 59. It is by the statement of objections that the undertaking concerned is informed of all the essential evidence on which the Commission relies at that stage of the procedure (Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 315 and 316, and Aalborg Portland and Others v Commission , paragraphs 66 and 67). Consequently, it is only after notification of the statement of objections that the undertaking is able to rely in full on the rights of the defence (Case C‑105/04 P Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission [2006] ECR I‑0000, paragraphs 47 and 50). | 32. It also appears that the economic logic of the allowance trading scheme consists in ensuring that the reductions of greenhouse gas emissions required to achieve a predetermined environmental outcome take place at the lowest cost. By allowing the allowances that have been allocated to be sold, the scheme is intended to encourage a participant in the scheme to emit quantities of greenhouse gases that are less than the allowances originally allocated him, in order to sell the surplus to another participant who has emitted more than his allowance. | 0 |
4,757 | 14. In that regard, it should be remembered that it is settled case-law that, in the context of the cooperation between the Court of Justice and the national courts provided for by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia , Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38). | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
4,758 | 46. That being said, according to settled case-law, where discrimination contrary to EU law has been established, as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category, the latter arrangements, for want of the correct application of EU law, being the only valid point of reference remaining (see judgments in Jonkman and Others , C‑231/06 to C‑233/06, EU:C:2007:373, paragraph 39, and in Landtová , C‑399/09, EU:C:2011:415, paragraph 51). | 60
Lastly, in the light of developments in the Dublin system as a result of Regulation No 604/2013, the fact that the rules applicable to asylum applications have been harmonised, albeit to a minimal degree (see, to that effect, judgment of 9 November 2010 in B and D, C‑57/09 and C‑101/09, EU:C:2010:661, paragraph 114), cannot, in itself, result in an interpretation that limits the scope of the remedy provided for in Article 27 of the regulation. | 0 |
4,759 | 39
Given that the question referred for a preliminary ruling falls within the context, inter alia, of effective judicial protection, in so far as it concerns national legislation laying down exemptions from certain court costs in favour of certain categories of persons, it is necessary to examine, in the first place, the compatibility of legislation such as that at issue in the main proceedings with Article 47 of the Charter, which enshrines the right to such protection (see, to that effect, judgment of 22 December 2010 in DEB, C‑279/09, EU:C:2010:811, paragraph 29). | 47 IT IS CLEAR FROM ALL THE DOCUMENTS BEFORE THE COURT AND FROM THE ORAL ARGUMENT PRESENTED TO IT THAT THE APPLICANTS HAVE NOT SUCCEEDED IN ESTABLISHING THAT THE CONTINUANCE OF THE NON-COMPETITION CLAUSE BEYOND A PERIOD OF FOUR YEARS WAS OF SUCH A NATURE AS TO CONTRIBUTE TO AN IMPROVEMENT IN THE PRODUCTION OR DISTRIBUTION OF THE PRODUCTS CONCERNED OR TO THE PROMOTION OF TECHNICAL OR ECONOMIC PROGRESS , AND IT IS EQUALLY CLEAR THAT THEY HAVE NOT PROVIDED EVIDENCE ENABLING IT TO BE ESTABLISHED THAT THE CONTINUANCE OF THAT NON-COMPETITION CLAUSE DID NOT IMPOSE ON THE UNDERTAKINGS CONCERNED RESTRICTIONS ON COMPETITION GOING BEYOND WHAT WAS INDISPENSABLE TO THE ATTAINMENT OF THE OBJECTIVES OF THE TRANSFER AGREEMENT .
| 0 |
4,760 | 127. Inasmuch as a citizen of the Union must be granted in all Member States the same treatment in law as that accorded to nationals of those Member States who find themselves in the same situation, it would be incompatible with the right to freedom of movement were a citizen to receive in the Member State of which he is a national treatment less favourable than he would enjoy if he had not availed himself of the opportunities offered by the Treaty in relation to freedom of movement ( D’Hoop , paragraph 30, and Pusa , paragraph 18). | 31. Those functions include not only the essential function of the trade mark, which is to guarantee to consumers the origin of the goods or services (‘the function of indicating origin’), but also its other functions, in particular that of guaranteeing the quality of the goods or services in question and those of communication, investment or advertising ( L’Oréal and Others , paragraph 58, and Google France and Google , paragraph 77). | 0 |
4,761 | 28. This also constitutes a use in relation to the goods and services of the advertiser ( Google France and Google , paragraphs 67 to 69). That finding is not invalidated by the fact, emphasised in the observations submitted to the Court, that the sign which is identical to the mark – in the present case, the sign ‘portakabin’ – is used not only in relation to the goods under that mark – that is to say, for the resale of units manufactured by Portakabin – but also for goods from other manufacturers, such as, in this instance, units manufactured by Primakabin or by other competitors of Portakabin. On the contrary, use by an advertiser of a sign, which is identical with another person’s trade mark, to suggest to internet users an alternative to the offer from the proprietor of that mark, is use ‘in relation to goods and services’ within the meaning of Article 5(1)(a) of Directive 89/104 ( Google France and Google , paragraphs 70 to 73). | 28 On that point, it must however be stressed that Community law sets limits to the exercise of those powers by the Member States in so far as provisions of national law adopted in that connection must not constitute an obstacle to the effective exercise of the fundamental freedoms guaranteed by Articles 48 and 52 of the Treaty (see, to that effect, the judgment in Case 222/86 UNECTEF v Heylens and Others [1987] ECR 4097, paragraph 11). | 0 |
4,762 | 74. It must be stated at the outset that any restriction concerning the supply of games of chance over the internet is more of an obstacle to operators established outside the Member State concerned, in which the recipients benefit from the services; those operators, as compared with operators established in that Member State, would thus be denied a means of marketing that is particularly effective for directly accessing that market (see, to that effect, Case C‑322/01 Deutscher Apothekerverband [2003] ECR I‑14887, paragraph 74, and Case C‑108/09 Ker‑Optika [2010] ECR I‑0000, paragraph 54). | 44. As the General Court pointed out in paragraph 26 of the order under appeal, third parties may be individually concerned by a decision addressed to another person only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed (Case 25/62 Plaumann v Commission [1963] ECR 95, 107; Case C‑298/00 P Italy v Commission [2004] ECR I‑4087, paragraph 36; Inuit Tapiriit Kanatami and Others v Parliament and Council , paragraph 72; and Telefónica v Commission , paragraph 46). | 0 |
4,763 | 30. As regards the reopening of the oral procedure, it must be pointed out that the Court may, of its own motion, on a proposal from the Advocate General or at the request of the parties, order the reopening of the oral procedure under Article 61 of its Rules of Procedure if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see Case C-205/06 Commission v Austria [2009] ECR I-1301, paragraph 13). | 32. In the light of the broad discretion granted to the Member States and, as necessary, to the social partners at national level in choosing not only to pursue a particular aim in the field of social and employment policy, but also in defining measures to implement it, it does not appear unreasonable for the social partners to take the view that a measure such as the 67-year rule may be appropriate for achieving the aims set out above (see, to that effect and by analogy, Rosenbladt , paragraphs 41 and 69). | 0 |
4,764 | 38. In that connection it should be noted that under Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, when ruling on the interpretation or validity of Community provisions, the Court is empowered to do so only on the basis of the facts which the national court puts before it (see Case C-435/97 WWF and Others [1999] ECR I-5613, paragraph 31, and judgments cited). | 56 Thus it establishes a mechanism for the mutual recognition of the professional titles of migrant lawyers wishing to practise under their home-country professional title. This mechanism supplements that established by Directive 89/48, which, as regards lawyers, is intended to authorise the unrestricted practice of the profession under the professional title of the host Member State. | 0 |
4,765 | 3 It should be observed in limine that Council Regulation No 857/84, as supplemented by Commission Regulation No 1371/84, originally did not provide for the allocation of a reference quantity to producers who, pursuant to an undertaking given under Regulation No 1078/77, delivered no milk during the reference year adopted by the Member State concerned. However, by judgments of 28 April 1988 in Case 120/86 Mulder v Minister van Landbouw en Visserij [1988] ECR 2321, paragraph 28, and in Case 170/86 von Deetzen v Hauptzollamt Hamburg-Jonas [1988] ECR 2355, paragraph 17, the Court declared those rules invalid on the ground that they were in breach of the principle of the protection of legitimate expectations in so far as they did not provide for the allocation of such a quantity. | 45
In the second place, the Court has held that, in order to fall within the concept of ‘communication to the public’ the work broadcast must be transmitted to a ‘new public’, that is to say, to a public which was not taken into account by the authors of the protected works when they authorised their use by the communication to the original public (see, to that effect, judgments of 7 December 2006 in SGAE, C‑306/05, EU:C:2006:764, paragraphs 40 and 42, and 4 October 2011 in Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 197). | 0 |
4,766 | 32. According to the case-law of the Court, it follows from the wording of that provision that the notion of supply of goods does not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party actually to dispose of it as if he were the owner of the property. The purpose of the Sixth Directive might be jeopardised if the requirements for there to be a supply of goods, which is one of the three taxable transactions, were to differ according to the civil law of the Member State concerned (see, to that effect, Case C‑320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I‑285, paragraphs 7 and 8; Case C‑291/92 Armbrecht [1995] ECR I‑2775, paragraphs 13 and 14; Case C‑185/01 Auto Lease Holland [2003] ECR I‑1317, paragraphs 32 and 33; and Case C‑25/03 HE [2005] ECR I‑3123, paragraph 64). | 59. The Court has allowed certain exceptions to rules adopted on grounds of the protection of health, but these were limited in time and scope (see Case C‑531/06 Commission v Italy [2009] ECR I‑0000, paragraph 73). | 0 |
4,767 | 33. According to settled case-law, legislation which is likely to restrict a fundamental freedom guaranteed by the Treaty can be justified in the light of European Union law only if it is based on objective considerations of public interest independent of the nationality of the persons concerned and if it is proportionate to the legitimate objective pursued by the provisions of national law (see De Cuyper , paragraph 40; Tas-Hagen and Tas , paragraph 33; and Morgan and Bucher , paragraph 33) It also follows from the case-law that a measure is proportionate when, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain it ( De Cuyper , paragraph 42; Morgan and Bucher , paragraph 33; and Case C‑379/11 Caves Krier Frères [2012] ECR I‑0000, paragraph 48 and the case-law cited). | 118. That does not imply reconstructing past events differently on the basis of hypothetical elements such as the choices, often numerous, which could have been made by the operators concerned, since the choices actually made with the aid might prove to be irreversible. | 0 |
4,768 | 27
In this regard, it should be noted that Directive 93/42, which constitutes a harmonisation measure adopted pursuant to Article 100a of the EC Treaty (subsequently Article 95 EC), is intended to promote the free movement of medical devices which comply with the requirements of that directive, by replacing the various legislative, regulatory and administrative measures in force in the Member States which create barriers to free trade (judgments of 14 June 2007, Medipac-Kazantzidis, C‑6/05, EU:C:2007:337, paragraph 51, and of 19 November 2009, Nordiska Dental, C‑288/08, EU:C:2009:718, paragraph 20). | Par conséquent, il y a lieu d’écarter le second argument de la troisième branche du premier moyen comme étant non fondé. | 0 |
4,769 | 22. According to the case-law of the Court, a measure which, although conferring an advantage on its recipient, is justified by the nature or general scheme of the system of which it is part does not fulfil the condition of selectivity (Case C‑143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I‑8365, paragraph 42 and the case-law cited). Thus, a measure which constitutes an exception to the application of the general tax system may be justified if the Member State concerned can show that that measure results directly from the basic or guiding principles of its tax system (see Paint Graphos and Others , paragraph 65 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
4,770 | 31 The letting of immovable property for the purposes of Article 13B(b) of the Sixth Directive essentially involves the landlord of property assigning to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude other persons from it (see, to that effect, Commission v Ireland, paragraphs 52 to 57, and Commission v United Kingdom, paragraphs 64 to 69, cited above, and Case C-326/99 Goed Wonen [2001] ECR I-6831, paragraph 55). | 30 IN PURSUING THOSE OBJECTIVES , THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THESE OBJECTIVES TAKEN INDIVIDUALLY AND , WHERE NECESSARY , ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .
| 0 |
4,771 | 21. 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 bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25; Case C‑285/09 R [2010] ECR I‑12605, paragraph 32; and Case C‑307/10 Chartered Institute of Patent Attorneys [2012] ECR I‑0000, paragraph 32 and the case-law cited). | 88. Article 7 of the Convention is part of Chapter 2(b) thereof, entitled "Legislation and regulation" . It requires the establishment of a legislative and regulatory framework to govern the safety of nuclear installations. | 0 |
4,772 | 41. Therefore, the question arises as to whether an action by Roquette challenging the contested provisions under the fourth paragraph of Article 230 EC would undoubtedly have been admissible, since they are of direct and individual concern to it (see, to that effect, Case C-241/95 Accrington Beef and Others [1996] ECR I‑6699, paragraph 15). | 15 It is sufficient, on that point, to note that, since the contested provisions are contained in a Community regulation and are addressed in general terms to categories of persons defined in the abstract and to situations determined objectively, it is not obvious that an action by the applicants challenging that regulation under Article 173 of the Treaty would have been admissible. | 1 |
4,773 | 88
As regards, second, the measure consisting in terminating the internet connection completely, it must be found that so doing would cause a serious infringement of the freedom to conduct a business of a person who pursues an economic activity, albeit of a secondary nature, consisting in providing internet access by categorically preventing that provider from pursuing the activity in practice in order to remedy a limited infringement of copyright without considering the adoption of measures less restrictive of that freedom. | 30. Accordingly, although in the fields concerned by Sections 3 to 5 of Chapter II of that regulation the aim of the rules on jurisdiction is to offer the weaker party stronger protection (see, in that regard, Case C‑463/06 FBTO Schadeverzekeringen [2007] ECR I-11321, paragraph 28), the jurisdiction determined by those sections cannot be imposed on that party. If that party deliberately decides to enter an appearance, Regulation No 44/2001 leaves him the option to defend himself as to substance before a court other than those determined on the basis of those sections. | 0 |
4,774 | 31
It should be recalled, in that context, that the Court has repeatedly held that EU law cannot be relied on by individuals for abusive or fraudulent ends (judgment of 18 December 2014, Schoenimport Italmoda Mariano Previti and Others, C‑131/13, C‑163/13 and C‑164/13, EU:C:2014:2455, paragraph 43). | 35 As to those arguments, domestic legislation such as that in question in the main proceedings, which lays down conditions governing the use, for agricultural products and foodstuffs, of the description `mountain', cannot be regarded as covering a designation of origin or a geographical indication within the meaning of Regulation No 2081/92. The description `mountain' is quite general in character and transcends national frontiers, whereas, according to Article 2 of Regulation No 2081/92, a direct link must exist between the quality or characteristics of the product and its specific geographical origin. | 0 |
4,775 | 155. As regards the extent of judicial review, it is apparent from EU case-law that where the General Court is seised, in accordance with Article 263 TFEU, of an action for annulment of a decision applying Article 81(1) EC, the General Court must as a general rule undertake, on the basis of the evidence adduced by the applicant in support of the pleas in law put forward, a full review of the question whether or not the conditions for the application of that provision are met (see, to that effect, judgments in Remia and Others v Commission , EU:C:1985:327, paragraph 34; Chalkor v Commission , C‑386/10 P, EU:C:2011:815, paragraphs 54 and 62; and Otis and Others , C‑199/11, EU:C:2012:684, paragraph 59). The General Court must also establish of its own motion that the Commission has stated reasons for its decision (see, to that effect, judgments in Chalkor v Commission , EU:C:2011:815, paragraph 61 and the case-law cited, and Otis and Others , EU:C:2012:684, paragraph 60). | 62 It follows that the various aspects of the procedural rules cannot be examined in isolation but must be placed in their general context. Moreover, such an examination may not be carried out subjectively by reference to circumstances of fact but must involve an objective comparison, in the abstract, of the procedural rules at issue. | 0 |
4,776 | 32 It is therefore for the national courts to determine, in the light of the facts of each case, whether the burden of the charge has been transferred in whole or in part by the trader to other persons and, if so, whether reimbursement to the trader would amount to unjust enrichment (see, inter alia, Joined Cases C-192/95 to C-218/95 Comateb and Others v Directeur Général des Douanes et Droits Indirects [1997] ECR I-165, paragraph 23). | 23 It is accordingly for the national courts to determine, in the light of the facts in each case, whether the burden of the charge has been transferred in whole or in part by the trader to other persons and, if so, whether reimbursement to the trader would amount to unjust enrichment. | 1 |
4,777 | 28. The complete legal protection which must be ensured before the conclusion of the contract presupposes, in particular, the duty to inform the tenderers of the award decision before such conclusion so that they may have a real possibility of initiating review proceedings. That same protection requires provision to be made for the unsuccessful tenderer to examine in sufficient time the question of whether the award decision is valid, which means that a reasonable period must pass between the moment when the contract award decision is notified to the unsuccessful tenderers and the conclusion of the contract, in order to allow them, in particular, to bring an application for interim measures until the conclusion of the contract (see to that effect, particularly, Commission v Austria , paragraphs 21 and 23; Commission v Spain , paragraphs 38 and 39; and the judgment of 11 June 2009 in Case C‑327/08 Commission v France , paragraphs 41 and 56). Therefore, the fact that there is the option of bringing proceedings for the annulment of the contract itself is not such as to compensate for the impossibility of challenging the mere act of awarding the contract concerned, before the contract is concluded ( Commission v Spain , paragraph 45). | 34
The Court has also held that, provided that the conditions for recourse to Article 114 TFEU as a legal basis are fulfilled, the EU legislature cannot be prevented from relying on that legal basis on the ground that public health protection is a decisive factor in the choices to be made (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 62; Arnold André, C‑434/02, EU:C:2004:800, paragraph 32; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 31; and Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 39). | 0 |
4,778 | 27. Where the remuneration received by the worker is composed of several components, the determination of the normal remuneration to which the worker in question is entitled during his annual leave requires a specific analysis (see Williams and Others EU:C:2011:588, 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 |
4,779 | 36. In accordance with Article 168(7) TFEU, European Union law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, measures intended to govern the consumption of pharmaceutical products in order to promote the financial stability of their health‑care insurance schemes (Joined Cases C-352/07 to C-356/07, C-365/07 to C-367/07 and C-400/07 A. Menarini Industrie Farmaceutiche Riunite and Others [2009] ECR I‑0000, paragraph 19 and the case‑law cited). | 26. By extending the exceptional circumstances scheme to farmers who, during the reference period, were under agri-environmental commitments pursuant to Regulation No 2078/92 and Regulation No 1257/1999, the EU legislature considered that a farmer who has entered into agri-environmental commitments cannot be penalised in the context of a subsequent Union support scheme by reason of those very commitments, as that farmer was not in a position to foresee that his decision might have consequences on future direct payments under rules subsequently adopted (see Grootes , paragraphs 36 and 44). | 0 |
4,780 | 40
Moreover, there is nothing in the file submitted to the Court to suggest that there is, in the present case, a particular measure allowing legal persons, which do not in any event fall within Article 5(2)(b) of Directive 2001/29, to request to be exempted from contributing to the financing of that compensation or, at least, to seek reimbursement (see, in that regard, judgments of 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraphs 25 to 31 and 37, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 45) under the detailed rules that it is solely for the Member States to establish. | 103. As proposed by the Advocate General in points 115 and 116 of her Opinion and in order to respect the legitimate expectations of the selected candidates, the results of the contested competitions are not to be called into question.
Costs | 0 |
4,781 | 49
Furthermore, and as is clear from paragraph 1 above, it must be pointed out that the Commission has, in particular in the application, taken care to refer to, for each of the complaints relied upon, not only the article at issue from Directive 2012/34 but also the corresponding provision in Directives 91/440 and 2001/14, thereby excluding any uncertainty as to the identification of the EU law in the light of which the merits of that action fall to be assessed or with regard to the scope of the alleged failure to fulfil obligations (see, by analogy, judgment of 22 October 2014, Commission v Netherlands, C‑252/13, EU:C:2014:2312, paragraphs 35 to 37). | 36. In that regard, it must be observed that the pre-litigation stage of the present proceedings for failure to fulfil obligations began in June 2007, when the initial letter of formal notice was sent, and ended on 7 May 2013, when the present action was brought. Over that period of almost six years, Directive 2002/73, referred to in that letter of formal notice, was repealed with effect from 15 August 2009 and replaced, with almost the same legislative content, by Directive 2006/54. From that date, as the documents before the Court show, the pre-litigation procedure was continued with reference to the — substantively identical — provisions of the latter directive. | 1 |
4,782 | 16. As regards the term ‘supply of goods’, Article 5(1) of the Sixth Directive states that any transfer of the right to dispose of tangible property as owner constitutes such a supply. In that regard the case-law of the Court states that that term covers any transfer of tangible property by one party who empowers the other party actually to dispose of it as if he were the owner of the property (see Halifax and Others , paragraph 51). | 613 By way of that negative formulation, it merely gave expression to the conclusion which it had reached in the exercise of its unfettered discretion following its assessment of the gravity and duration of the matters established and having regard to Montedison's arguments disputing those facts or casting a different light on them, which it had previously rejected. | 0 |
4,783 | 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). | 61. In this case, German law confers on masters of fishing vessels flying the German flag rights connected to the maintenance of safety and to the exercise of police powers, particularly in the case of danger on board, together with, in appropriate cases, powers of investigation, coercion and punishment, which go beyond the requirement merely to contribute to maintaining public safety by which any individual is bound. Furthermore, certain auxiliary duties in respect of the registration of births, marriages and deaths, which cannot be explained solely by the requirements entailed in commanding the vessel, are conferred on the master, in particular that of receiving notification of a person ' s birth or death during a voyage, even if it is the responsibility of a registrar of births, marriages and deaths, on land, to issue the official certificates. While certain doubts may persist, in respect of those duties relating to the registration of births, marriages and deaths, as to whether they involve direct or indirect participation in the exercise of powers conferred by public law, doubts which it is the responsibility of the referring court to resolve, it is clear, on the other hand, that the duties connected to the maintenance of safety and to the exercise of police powers constitute participation in the exercise of rights under powers conferred by public law for the purposes of safeguarding the general interests of the flag State. | 1 |
4,784 | 19 The Court also held, in paragraph 52 of Bristol-Myers Squibb, that reliance on trade-mark rights by their proprietor in order to oppose marketing under that trade mark of products repackaged by a third party would contribute to the partitioning of markets between Member States, in particular where the proprietor has placed an identical pharmaceutical product on the market in several Member States in various forms of packaging and the product may not, in the condition in which it has been marketed by the trade mark proprietor in one Member State, be imported and placed on the market in another Member State by a parallel importer. In this context, the Court pointed out, in paragraph 56 of Bristol-Myers Squibb, that the power of the proprietor of trade-mark rights should be limited only in so far as the repackaging undertaken by the importer is necessary in order to market the product in the Member State of import. | 35
Last, it must be added that the requirement to give full effect to EU law includes the obligation on a national court to alter established case-law, where necessary, if that is based on an interpretation of national law that is incompatible with EU law (see, to that effect, judgment of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraph 33 and the case-law cited). | 0 |
4,785 | 26 In that regard it is sufficient to note that Article 119 prohibits any discrimination in matters of pay as between men and women, whatever the system which gives rise to such inequality (Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 32). | 34. Moreover, if there is no possibility of comparing the situation of a public authority with that of a private undertaking, ‘normal market conditions’ must be assessed by reference to the objective and verifiable elements which are available (judgments in Chronopost and Others v Ufex and Others , C‑83/01 P, C‑93/01 P and C‑94/01 P, EU:C:2003:388, paragraph 38, and Commission v EDF , EU:C:2012:318, paragraphs 101 and 102). | 0 |
4,786 | 63. In that regard, it is sufficient to state that the question whether a procedure for the invalidation of a utility model constitutes a procedure which is intended to ensure that intellectual property rights are enforced does not relate to the admissibility of the questions referred for a preliminary ruling but concerns the substance of those questions (see, by analogy Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraph 30, and Case C‑467/08 Padawan [2010] ECR I‑10055, paragraph 27). Consequently, such a submission cannot result in the rejection of the reference for a preliminary ruling at the stage of the assessment as to its admissibility. | 23. It should be borne in mind that, according to settled case‑law, the right of taxable persons to deduct VAT due or already paid on goods purchased and services received as inputs from the VAT which they are liable to pay is a fundamental principle of the common system of VAT established by the relevant European Union legislation (see Case C‑285/11 Bonik [2012] ECR, paragraph 25 and the case-law cited). | 0 |
4,787 | 61. It must be observed here that an increase in the commercial activity of an operator who has been granted exclusive rights in the field of games of chance and a substantial increase in the income received from those games require particular attention in the examination of whether the legislation at issue is consistent and systematic, and hence whether it is appropriate for pursuing the objectives recognised by the Court’s case-law. According to that case-law, the financing of activities in the public interest by means of income from games of chance must not be the real aim of a restrictive policy in that sector, but can only be regarded as an incidental beneficial consequence (see, inter alia, Case C‑275/92 Schindler [1994] ECR I‑1039, paragraphs 57 and 60; Case C‑124/97 Läärä and Others [1999] ECR I‑6067, paragraphs 32 and 37; Case C‑67/98 Zenatti [1999] ECR I‑7289, paragraphs 35 and 36; and Gambelli and Others , paragraphs 61 and 62). | 37. That legal position complies with various international instruments which the Member States have cooperated on or acceded to, such as the United Nations Single Convention on Narcotic Drugs, concluded at New York on 30 March 1961, amended by the 1972 Protocol amending the Single Convention of 1961 ( United Nations Treaty Series , Vol. 520, No 7515) (‘the Single Convention’) and the United Nations Convention on Psychotropic Substances, concluded at Vienna on 21 February 1971 ( United Nations Treaty Series , Vol. 1019, No 14956). The measures provided for by those conventions were subsequently strengthened and supplemented by the Convention concluded at Vienna on 20 December 1988, to which all the Member States of the European Union are parties. Cannabis is among the substances and products referred to in those conventions. | 0 |
4,788 | 50. However, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in the course of an appeal (Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraph 43). Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see, in particular, the judgment in Interporc v Commission , paragraph 17, and the order in Case C-488/01 P Martinez v Parliament [2003] ECR I-0000, paragraph 39). | 56. It should be borne in mind that differences in the national laws governing exhaustion of the right of distribution are likely to affect directly the smooth functioning of the internal market. Accordingly, the objective of harmonisation in this area is to remove impediments to free movement. | 0 |
4,789 | 30. As in the case of every other mark, the sign of which registration is applied for must fulfil the mark ' s essential function, which is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish the product or service from others which have another origin. For a trade mark to be able to fulfil its essential role in the system of undistorted competition which the Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have originated under the control of a single undertaking which is responsible for their quality (see, in particular, Case C-349/95 Loendersloot [1997] ECR I-6227, paragraphs 22 and 24, Case C-39/97 Canon [1998] ECR I-5507, paragraph 28, and Philips , cited above, paragraph 30). | 38. It is to be remembered first of all that the Sixth Directive establishes a common system of VAT based, inter alia , on a uniform definition of taxable transactions. | 0 |
4,790 | 41 In fact, it has been clear since the judgment in Bilka that any discrimination, based on sex, in the recognition of that right infringes Article 119 of the Treaty (Vroege, paragraph 29, Fisscher, paragraph 26, Dietz, paragraph 20, and Magorrian and Cunningham, paragraph 29). | 87. Ainsi, les propositions de la Commission ne sauraient lier la Cour et ne constituent qu’une base de référence utile. De même, des lignes directrices telles que celles contenues dans les communications de la Commission ne lient pas la Cour, mais contribuent à garantir la transparence, la prévisibilité et la sécurité juridique de l’action menée par cette institution (arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 112 et jurisprudence citée).
Sur l’astreinte | 0 |
4,791 | 80. The Court has jurisdiction to provide the national court with all the criteria for the interpretation of European Union law which may enable it to assess whether the provisions of the ESM Treaty are compatible with European Union law (see, to that effect, Case C‑489/09 Vandoorne [2011] ECR I‑225, paragraph 25 and case‑law cited). | 189ALTHOUGH IT IS TRUE , AS THE APPLICANT POINTS OUT , THAT THE FACT THAT AN UNDERTAKING IS IN A DOMINANT POSITION CANNOT DISENTITLE IT FROM PROTECTING ITS OWN COMMERCIAL INTERESTS IF THEY ARE ATTACKED , AND THAT SUCH AN UNDERTAKING MUST BE CONCEDED THE RIGHT TO TAKE SUCH REASONABLE STEPS AS IT DEEMS APPROPRIATE TO PROTECT ITS SAID INTERESTS , SUCH BEHAVIOUR CANNOT BE COUNTENANCED IF ITS ACTUAL PURPOSE IS TO STRENGTHEN THIS DOMINANT POSITION AND ABUSE IT .
| 0 |
4,792 | 80. In accordance with settled case-law, it is for the referring court alone to determine whether national legislation complies with the principles of legal certainty and the protection of legitimate expectations, the Court, in a reference for a preliminary ruling under Article 267 TFEU, being solely competent to provide the referring court with all the criteria for the interpretation of EU law which may enable it to determine the issue of compatibility (see, inter alia, Plantanol , C‑201/08, EU:C:2009:539, paragraph 45 and the case-law cited, and Ålands Vindkraft , C‑573/12, EU:C:2014:2037, paragraph 126). | 44. Information, before concluding a contract, on the terms of the contract and the consequences of concluding it is of fundamental importance for a consumer. It is on the basis of that information in particular that he decides whether he wishes to be bound by the terms previously drawn up by the seller or supplier. | 0 |
4,793 | 8 In those judgments, the Court stated that a producer who had voluntarily ceased production for a certain period could not legitimately expect to resume production under the same conditions as those which had previously applied and not to be subject to any rules of market or structural policy adopted in the mean time (Mulder I, paragraph 23, and Von Deetzen, paragraph 12). The Court considered however that where such a producer had been encouraged by a Community measure to suspend marketing his products for a limited period in the general interest and against payment of a premium he could legitimately expect not to be subject, on the expiry of his undertaking, to restrictions which specifically affected him for the very reason that he had availed himself of the possibilities offered by the Community provisions (Mulder I, paragraph 24, and Von Deetzen, paragraph 13). | 77. Thus, in the wake of Decision No 2/76 on the implementation of Article 12 of the Association Agreement, adopted by the Association Council on 20 December 1976, the social provisions of Decision No 1/80 constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the EEC Treaty, which became Articles 48 and 49 of the EC Treaty (now, after amendment Articles 39 EC and 40 EC) and Article 50 of the EC Treaty (now Article 41 EC) (see inter alia Case C-1/97 Birden [1998] ECR I-7747, paragraph 52, and Case C-188/00 Kurz [2002] ECR I-10691, paragraph 40). | 0 |
4,794 | 31. It is permissible, however, for legislation to lay down objective criteria, at national or local level, indicating that there is certain cross-border interest. Such criteria could be, inter alia, the fact that the contract in question is for a significant amount, in conjunction with the place where the work is to be carried out. The possibility of such an interest may also be excluded in a case, for example, where the economic interest at stake in the contract in question is very modest (see, to that effect, Case C‑231/03 Coname [2005] ECR I‑7287, paragraph 20). However, in certain cases, account must be taken of the fact that the borders straddle conurbations which are situated in the territory of different Member States and that, in those circumstances, even low-value contracts may be of certain cross-border interest. | 115. First, it cannot be denied that the fixing of the total quantity of greenhouse gas emission allowances to be allocated (criteria Nos 1 to 3 of Annex III to Directive 2003/87) referred to in Articles 1(1), 2(1) and 3(1) of the contested decision, is the principal element of the national allocation plans and is closely linked to the other elements of such plans. | 0 |
4,795 | 41. As regards the scope of that provision, the Court has held that the power granted to the Member States in Article 17(6) of the Sixth Directive does not constitute an unfettered discretion to exclude all, or virtually all, goods and services from the right to deduct VAT, and thus to render meaningless the system established in Article 11(1) of that Directive. That power does not therefore apply to general exclusions and does not release Member States from the obligation sufficiently to define the goods and services in relation to which the right to deduct is excluded (see Case C‑305/97 Royscot and Others [1999] ECR I‑6671 paragraphs 22 and 24; Case C‑434/03 Charles and Charles-Tijmens [2005] ECR I‑7037, paragraphs 33 and 35, and Case C‑395/09 Oasis East [2010] ECR I‑0000, paragraph 23). | 34. However, the fact that an economic operator may enjoy an unfair advantage because it receives public finance or State aid cannot justify the exclusion of entities, such as the applicant in the main proceedings, from a public tendering procedure a priori and without further consideration. | 0 |
4,796 | 46 Next, it should be noted that the State did not act as a public investor whose conduct must be compared to the conduct of a private investor laying out capital with a view to realising a profit in the relatively short term (Case C-42/93 Spain v Commission [1994] ECR I-4175, paragraph 14). On the assumption that, as the Commission acknowledges, the fact that the sums advanced by Fogasa to pay the wages of Tubacex's employees are not State aid has been established, it follows that in restructuring the conditions for repayment of those advances, Fogasa must be held to have acted as a public creditor which, like a private creditor, seeks to recover sums due to it and which, to that end, concludes agreements with the debtor, under which the accumulated debts are to be rescheduled or paid by instalments in order to facilitate their repayment. | 27. Thus, for the purposes of the application of Directive 98/59, an ‘establishment’, in the context of an undertaking, may consist of a distinct entity, having a certain degree of permanence and stability, which is assigned to perform one or more given tasks and which has a workforce, technical means and a certain organisational structure allowing for the accomplishment of those tasks. | 0 |
4,797 | 103. In addition, failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual constitutes an infringement of essential procedural requirements (see, to that effect, the judgment in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49), which it is a matter for the Union judicature to raise, even of its own motion (see, to that effect, the judgments in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51, and Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55). The fact that the Commission did not adopt the decision at issue within the period set by the Union legislature constitutes an infringement of essential procedural requirements. | 38 That mechanism therefore reflects the idea, on the one hand, that the Member States constitute a single customs zone vis-à-vis third countries concerned by operations under the Community external transit regime and, on the other hand, that the question as to which Member State has competence to recover the customs duty is a problem internal to the Community, such that if a different Member State becomes the competent State, that does not affect the debtor's liability to pay the customs duties. | 0 |
4,798 | 51. In many cases, the assessment of those factors will demonstrate that there is a high degree of scientific and practical uncertainty in that regard. A proper application of the precautionary principle presupposes, in the first place, the identification of the potentially negative consequences for health of the proposed addition of nutrients, and, secondly, a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research (see, to that effect, EFTA Surveillance Authority v Norway , paragraph 30, and Monsanto Agricoltura Italia and Others , paragraph 113). | 40. Accordingly, the Court of First Instance cannot be accused of having disregarded the distinction recognised by the case-law between a plea raised by the Community judicature of its own motion as to an absence of reasons or an inadequacy of the reasons stated and a plea going to the substantive legality of a decision which can be examined only if it is raised by the applicant (see Commission v Sytraval and Brink’s France , paragraph 67). | 0 |
4,799 | 34. The Court has also held that the explanatory notes to the CN and those to the HS are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see Intermodal Transports , paragraph 48; Possehl Erzkontor , paragraph 20; and Proxxon , paragraph 22). Where it is apparent that they are contrary to the wording of the headings of the CN and the section or chapter notes, the explanatory notes to the CN must be disregarded (see Case C-229/06 Sunshine Deutschland Handelsgesellschaft [2007] ECR I-3251, paragraph 31). | 16 In that regard it must be pointed out that a redundancy payment made by the employer, such as that which is at issue, cannot cease to constitute a form of pay on the sole ground that, rather than deriving from the contract of employment, it is a statutory or ex gratia payment . | 0 |
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