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5,400 | 32. At the outset, it is important to point out that, in accordance with the requirements of the principle of neutrality of the common system of value added tax, the term ‘exploitation’ refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the goods in question on a continuing basis (see, to that effect, Case C-186/89 Van Tiem [1990] ECR I-4363, paragraph 18; EDM , paragraph 48; and Case C-8/03 BBL [2004] ECR I-10157, paragraph 36). | 76. According to point 1 of the guidelines, they set out the principles for use by NRAs in the analysis of markets and effective competition under the regulatory framework for electronic communications. Point 6 of the guidelines also states that they are intended to guide NRAs in the exercise of their new responsibilities for defining markets and assessing significant market power. | 0 |
5,401 | 36. The Court considers that, in so far as the national legislation at issue in the case in the main proceedings provides only for conversion of companies which already have their seat in the Member State concerned, that legislation treats companies differently according to whether the conversion is domestic or of a cross-border nature, which is likely to deter companies which have their seat in another Member State from exercising the freedom of establishment laid down by the Treaty and, therefore, amounts to a restriction within the meaning of Articles 49 TFEU and 54 TFEU (see, to that effect, SEVIC Systems , paragraphs 22 and 23). | 45. A contract of employment may therefore be terminated only after the conclusion of the consultation procedure, that is to say, after the employer has complied with the obligations set out in Article 2 of the directive. | 0 |
5,402 | 30. With regard to the second condition, it follows from the case-law that the fact that a provision of a directive gives Member States a choice does not necessarily render it impossible to determine with sufficient precision, on the basis of the provisions of the directive alone, the content of the rights thus conferred on individuals (see, to that effect, Francovich and Others , paragraph 17, and Joined Cases C-253/96 to C‑258/96 Kampelmann and Others [1997] ECR I-6907, paragraph 39). | 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 |
5,403 | 29. Also according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (Case C‑72/03 Carbonati Apuani [2004] ECR I‑8027, paragraph 10; Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraph 22; and CEEES , paragraph 26). | 17 However, Article 3(1)(a) of Directive 79/7 does not refer to a statutory scheme which, on certain conditions, provides persons with means below a legally defined limit with a special benefit designed to enable them to meet their needs. | 0 |
5,404 | 23. In second place, a presumption of relevance attaches to questions referred by the national courts for a preliminary ruling, which can be rebutted only in exceptional cases, in particular where it is quite obvious that the interpretation sought of the provisions of Community law referred to in those questions bears no relation to the actual facts of the main action or to its purpose (see, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61; Case C‑355/97 Beck and Bergdorf [1999] ECR I‑4977, paragraph 22; and Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑4233, paragraph 22). | 37. Also, it must be borne in mind that Article 73b(1) of the Treaty gives effect to the free movement of capital between the Member States and between Member and non-member States. To that end, it provides, in the chapter of the Treaty entitled ‘Capital and payments’, that all restrictions on the movement of capital between Member States and between Member and non-member States are to be prohibited. | 0 |
5,405 | 51. In that regard, it should be recalled that the fact that the legislation of a Member State ceases to be applicable constitutes a condition for the application of that provision, and that that provision does not itself define the conditions in which the legislation of a Member State ceases to be applicable (see Commission v Belgium , C‑347/98, EU:C:2001:236, paragraph 31). As the Court has stated, inter alia, in paragraph 33 of the judgment in van Pommeren-Bourgondiën (C‑227/03, EU:C:2005:431), it is for the legislation of each Member State to lay down those conditions. | 48. S’agissant du problème de la suspension, par les juridictions nationales, des ordres visant à récupérer les aides en cause, il y a lieu de rappeler que de telles mesures peuvent être accordées sous réserve que soient réunies les conditions énoncées par la jurisprudence (voir, notamment, arrêts du 21 février 1991, Zuckerfabrik Süderdithmarschen et Zuckerfabrik Soest, C‑143/88 et C‑92/89, Rec. p. I‑415, ainsi que du 9 novembre 1995, Atlanta Fruchthandelsgesellschaft e.a. (I), C‑465/93, Rec. p. I‑3761). | 0 |
5,406 | 32. First, it should be noted that, whilst it is established that EU law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at European Union level, it is for the legislation of each Member State to determine the conditions for the grant of social security benefits, the fact nevertheless remains that, when exercising that power, Member States must comply with EU law and, in particular, with the provisions on the freedom to provide services (see, in particular, Case C‑157/99 Smits and Peerboms [2001] ECR I‑5473, paragraphs 44 to 46; Case C‑385/99 Müller-Fauré and van Riet [2003] ECR I‑4509, paragraph 100; Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 92, and Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 40). | 20 According to the Portuguese Government, 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. | 0 |
5,407 | 35 As for the question of whether a discriminatory duty, such as that in issue in the main proceedings, may escape the prohibition laid down in Article 95 on the ground that it represents consideration for a service, it suffices to recall that, in accordance with the case-law relied on by the defendant ports and the Ministry of Transport (in particular Case 46/76 Bauhuis [1977] ECR 5, paragraph 11, and Case C-209/89 Commission v Italy [1991] ECR I-1575, paragraph 9), the fact that a pecuniary charge constitutes consideration for a service actually supplied to traders and is of an amount commensurate with that service merely enables it to escape classification as a charge having equivalent effect within the meaning of Article 9 et seq. of the Treaty, and does not mean that it escapes the prohibition of all discriminatory internal taxation laid down in Article 95. | 32. In so far as that provision of Article 58 EC is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the Member State in which they invest their capital is automatically compatible with the Treaty (see Jäger , paragraph 40; Eckelkamp and Others , paragraph 57; and Arens-Sikken , paragraph 51). | 0 |
5,408 | 86 It is likewise for national law to settle all ancillary questions relating to the reimbursement of charges improperly levied, such as the payment of interest, including the rate of interest and the date from which it must be calculated (Case 26/74 Roquette Frères v Commission [1976] ECR 677, paragraphs 11 and 12, and Case 130/79 Express Dairy Foods [1980] ECR 1887, paragraphs 16 and 17). | 49. Accordingly, Article 1 of Directive 89/665 must be interpreted in the light of the fundamental rights set out in the Charter, in particular the right to an effective remedy before a court or tribunal, laid down in Article 47 thereof (see, to that effect, judgment in Ryneš , C‑212/13, EU:C:2014:2428, paragraph 29). | 0 |
5,409 | 24 However, although it is clear from that judgment that administering mandatory social security schemes such as those described in the references for a preliminary ruling in Poucet and Pistre, cited above, does not constitute an economic activity, that conclusion, in paragraph 17, was based on the same criteria as had been applied in Höfner and Elser when it was concluded that employment procurement must be described as a business activity within the meaning of the Community competition rules. | 91. The fact that, in addition to the number of years spent working in the civil service, an official's actual period of service during those years, as compared with the actual period of service of an official who has worked on a full-time basis throughout his career, is also taken into account is an objective criterion unrelated to any discrimination on grounds of sex, allowing his pension entitlement to be reduced proportionately. | 0 |
5,410 | 40 In that regard the Court has held that an activity carried on by a private individual is not excluded from the scope of VAT merely because it consists in the performance of acts falling within the prerogatives of the public authority (Commission v Netherlands, cited above, paragraph 21, and Ayuntamiento de Sevilla, cited above, paragraph 19). The Court held, in paragraph 20 of the latter judgment, that it follows that if a commune entrusts the activity of collecting taxes to an independent third party the exclusion from VAT provided for by Article 4(5) of the Sixth Directive is not applicable. Similarly, the Court held in paragraph 22 of the judgment in Commission v Netherlands, cited above, that even assuming that in performing their official services notaries and bailiffs in the Netherlands exercise the powers of a public authority by virtue of their appointment to public office, they cannot enjoy the exemption provided for in Article 4(5) of the Sixth Directive because they pursue those activities, not in the form of a body governed by public law, since they are not part of the public administration, but in the form of an independent economic activity carried out in the exercise of a liberal profession. | 44 It follows from all of the foregoing that national legislation, such as that in force in Italy, which reserves the retail sale of manufactured tobacco products, irrespective of their origin, to authorized distributors but does not thereby bar access to the national market for products from other Member States or does not impede such access more than it impedes access for domestic products within the distribution network, does not fall within the scope of Article 30 of the Treaty.
The third question | 0 |
5,411 | 51 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 63 Consultation of the VAT Committee is thus clearly a condition precedent to the adoption of any measure on the basis of that provision. | 0 |
5,412 | 31. In that regard, it is settled case-law that, in the absence of Community legislation, it is for the internal legal order of each Member State to designate the competent courts and lay down the detailed procedural rules for legal proceedings intended fully to safeguard the rights which individuals derive from Community law. It is thus on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss or damage caused, provided that the conditions, including time-limits, for reparation of loss or damage laid down by national law are not less favourable than those relating to similar domestic claims (principle of equivalence) and are not so framed as to make it in practice impossible or excessively difficult to obtain reparation (principle of effectiveness) (see, inter alia, Francovich and Others , paragraphs 42 and 43, and Case C-261/95 Palmisani [1997] ECR I-4025, paragraph 27). | 114. S’agissant de la première condition, à savoir la qualité d’organisme public, la Cour a déjà précisé qu’une activité exercée par un particulier n’est pas exclue de la TVA du seul fait qu’elle consiste dans l’accomplissement d’actes relevant de prérogatives de l’autorité publique (arrêts précités Commission/Pays-Bas, point 21, et Ayuntamiento de Sevilla, point 19, ainsi que ordonnance Mihal, précitée, point 17). | 0 |
5,413 | 47. First, the Court has consistently held that, in the absence of EU rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, but the Member States are nevertheless responsible for ensuring that those rights are effectively protected in each case (see Case C‑268/06 Impact [2008] ECR I-2483, paragraphs 44 and 45, and Mono Car Styling , paragraph 48). | 33. It is admittedly easier for such an operator to determine the limitation period applicable to proceedings in respect of an irregularity which he has committed when that period and its application to the field within which the irregularity falls are established by the national legislature in a provision specifically applicable to the field concerned. Nevertheless, where, as seems to be the position in the cases in the main proceedings, the national legislature did not adopt a specific provision applicable to a field such as that of repayment of export refunds that have been wrongly received to the detriment of the European Union budget, the principle of legal certainty does not preclude, in principle, the administrative and judicial authorities from continuing, in accordance with their past judicially determined practice known to such an operator, to apply ‘by analogy’ a limitation period of a general nature that is laid down in a provision of civil law and exceeds the four-year period provided for in the first subparagraph of Article 3(1) of Regulation No 2988/95. | 0 |
5,414 | 41. Answering that question in the negative, the Court explained that the option to choose between a discriminatory tax regime and one which is ostensibly not discriminatory is not capable of remedying the discriminatory effects of the first of those two tax regimes. A finding to the contrary would have the consequence of validating a tax regime which, in itself, remains contrary to Article 49 TFEU by reason of its discriminatory nature. The Court has previously stated that the fact that a national scheme which restricts the freedom of establishment is optional does not mean that it is not incompatible with EU law (judgment in Gielen , C‑440/08, EU:C:2010:148, paragraphs 50 to 53). | 102. It has thus observed in particular that, because of the lack of direct contact between consumer and operator, games of chance accessible via the internet involve different and more substantial risks of fraud by operators against consumers compared with the traditional markets for such games ( Liga Portuguesa de Futebol Profissional and Bwin International , paragraph 70). | 0 |
5,415 | 36. However, the Court has held that the additional levy is not to be regarded as a penalty analogous to those provided for under Articles 3 and 4 of Regulation No 536/93 of 9 March 1993 laying down detailed rules on the application of the additional levy on milk and milk products (OJ 1993 L 57, p. 12) (see Joined Cases C-231/00, C‑303/00 and C-451/00 Cooperativa Lattepiù and Others [2004] ECR I-0000, paragraph 74, and Joined Cases C-480/00 to C-482/00, C-484/00, C‑489/00 to C‑491/00 and C-497/00 to C-499/00 Azienda Agricola Ettore Ribaldi and Others [2004] ECR I-0000, paragraph 58). | 59. À cet égard, la Cour a eu l’occasion de considérer que sont exclues de la dérogation prévue à l’article 45, premier alinéa, CE certaines activités auxiliaires ou préparatoires par rapport à l’exercice de l’autorité publique (voir, en ce sens, arrêts précités Thijssen, point 22; Commission/Espagne, point 38; Servizi Ausiliari Dottori Commercialisti, point 47; du 29 novembre 2007, Commission/Allemagne, point 38, et Commission/Portugal, point 36), ou certaines activités dont l’exercice, bien qu’il comporte des contacts, même réguliers et organiques, avec des autorités administratives ou judiciaires, voire un concours, même obligatoire, à leur fonctionnement, laisse intacts les pouvoirs d’appréciation et de décision desdites autorités (voir, en ce sens, arrêt Reyners, précité, points 51 et 53), ou encore certaines activités qui ne comportent pas d’exercice de pouvoirs décisionnels (voir, en ce sens, arrêts précités Thijssen, points 21 et 22; du 29 novembre 2007, Commission/Autriche, points 36 et 42, et Commission/Allemagne, points 38 et 44, ainsi que Commission/Portugal, points 36 et 41), de pouvoirs de contrainte (voir en ce sens, notamment, arrêt Commission/Espagne, précité, point 37) ou de pouvoirs de coercition (voir, en ce sens, arrêts du 30 septembre 2003, Anker e.a., C‑47/02, Rec. p. I‑10447, point 61, et Commission/Portugal, précité, point 44). | 0 |
5,416 | 28. Second, the possibility which this offers of circumventing Article 16(4) of the Convention would have the effect of multiplying the heads of jurisdiction and would be liable to undermine the predictability of the rules of jurisdiction laid down by the Convention, and consequently to undermine the principle of legal certainty, which is the basis of the Convention (see Case C-256/00 Besix [2002] ECR I-1699, paragraphs 24 to 26, Case C-281/02 Owusu [2005] ECR I-1383, paragraph 41, and Case C-539/03 Roche Nederland and Others [2006] ECR I‑0000, paragraph 37). | 50 It is true that, due to the efforts of the French Government, the extent to which fishing quotas were exceeded has significantly reduced during the period under consideration. However, an improvement in the management of quotas cannot excuse the failures recorded (see Case C-333/99 Commission v France, cited above, paragraph 36). | 0 |
5,417 | 142 It is settled case-law that the statement of objections must set forth clearly all the essential facts upon which the Commission is relying at that stage of the procedure. The essential procedural safeguard which the statement of objections constitutes is an application of the fundamental principle of Community law which requires the right to a fair hearing to be observed in all proceedings (Joined Cases 100/80 to 103/80 Musique Diffusion Française and Others v Commission [1983] ECR 1825, paragraphs 10 and 14). | 77. By providing that that interest is to be treated as a distribution, such legislation is able to prevent practices the sole purpose of which is to avoid the tax that would normally be payable on profits generated by activities undertaken in the national territory. It follows that such legislation is an appropriate means of attaining the objective underlying its adoption. | 0 |
5,418 | 22
So far as concerns the first part of the question referred, it must be noted at the outset that there is an economic logic underlying the allowance trading scheme established by Directive 2003/87, which encourages a participant in that 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 (see, to that effect, judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 32). | 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. | 1 |
5,419 | 30. If the plant protection product concerned must be regarded as having already been authorised in the Member State of importation, the competent authorities of that State must allow the product concerned to have the benefit of the marketing authorisation issued to the plant protection product already on the market, unless that is precluded by considerations relating to the effective protection of human and animal health and of the environment (see, to that effect, Smith & Nephew and Primecrown , paragraphs 29 and 32, and British Agrochemicals Association , paragraph 36). Accordingly, a plant protection product introduced into the territory of a Member State as a parallel import cannot, automatically or absolutely and unconditionally, have the benefit of a marketing authorisation issued to a plant protection product already on the market of that State. | 40. It must be recalled in that connection that, as the Advocate General observed in point 102 of his Opinion, in the sphere of the common commercial policy and, most particularly, in the realm of measures to protect trade, the Community institutions enjoy a broad discretion by reason of the complexity of the economic, political and legal situations which they have to examine (see, to that effect, Case 191/82 Fediol v Commission [1983] ECR 2913, paragraph 26, and Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, paragraph 21). | 0 |
5,420 | 43. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the way same as nationality in the case of individuals, as the connecting factor with the legal system of a Member State. Acceptance of the proposition that the Member State in which a company seeks to establish itself may freely apply different treatment merely by reason of its registered office being situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metallgesellschaft and Others , paragraph 42; and Marks & Spencer , paragraph 37). Freedom of establishment thus aims to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint‑Gobain ZN , paragraph 35). | 93. Although it is common ground that the Irish courts may decline to order an unsuccessful party to pay the costs and can, in addition, order expenditure incurred by the unsuccessful party to be borne by the other party, that is merely a discretionary practice on the part of the courts. | 0 |
5,421 | 33 In order to provide an answer to the second question, it must be recalled first of all that the Court has held that the provisions of the Directive relating to determination of the beneficiaries of the guarantee as well as those relating to the content of the guarantee meet the conditions of precision and unconditionality normally required in order for a private individual to be able to rely on a provision contained in a directive before a national court, in the absence of its proper transposition into domestic law (Francovich, paragraphs 13 to 22). | 11 AS STATED ABOVE , THE APPLICANTS FURTHER REQUESTED THAT THE COMMUNITY BE ORDERED TO PAY INTEREST AT THE RATE OF 6% ON THE ARREARS , TO RUN FROM THE DATE ON WHICH EACH AMOUNT OF ARREARS FELL DUE TO THE DATE OF ACTUAL PAYMENT .
DEFAULT INTEREST | 0 |
5,422 | 21 As a preliminary point, it should be borne in mind that the Court has consistently held that the use of Article 235 as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question (see, inter alia, Case 45/86 Commission v Council [1987] ECR 1493, paragraph 13, and Case C-271/94 Parliament v Council [1996] ECR I-1689, paragraph 13). | 13. It should be recalled in limine that the Court has consistently held that the use of Article 235 as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question (see, in particular, Case 45/86 Commission v Council [1987] ECR 1493, paragraph 13, and Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 26). | 1 |
5,423 | 19. Second, Article 128 of the EEC Treaty concerns vocational training, which includes university education (see Case 24/86 Blaizot and Others [1988] ECR 379, paragraphs 15 to 20; Case 242/87 Commission v Council [1989] ECR 1425, paragraph 25; Case C-147/03 Commission v Austria [2005] ECR I-5969, paragraph 33; and C-40/05 Lyyski [2007] ECR I‑99, paragraph 29). To the extent that Article 126 of the EC Treaty was relied upon essentially because of the competence of the Member States for the content of teaching and the organisation of education systems and with reference to the objectives of Community policy within the education sector, it must be pointed out that, at the time of the facts in the main proceedings, the Member States were competent for educational organisation and policy, as is evident from the judgment in Case 293/83 Gravier [1985] ECR 593, paragraph 19, and that Community policy in the education sector already sought to facilitate the mobility of teachers. | 31. That prohibition deprives farmers in Sweden of any possibility of claiming the benefit of the aid which is provided for by Regulation No 1308/70 and the conditions for the granting of which are laid down by Regulation No 619/71. | 0 |
5,424 | 66
As regards the refusal by the General Court of the request for measures of organisation of procedure or of inquiry submitted by PROAS, it should be borne in mind that, according to settled case-law, the General Court is the sole judge, in principle, of any need to supplement the information available to it in respect of the cases before it (see, to that effect, judgment of 14 March 2013 in Viega v Commission, C‑276/11 P, EU:C:2013:163, paragraph 39 and the case-law cited). | 112 Accordingly, the Federal Republic of Germany cannot invoke the provisions of GATT to challenge the lawfulness of certain provisions of the Regulation.
Infringement of the Banana Protocol | 0 |
5,425 | 41. It follows that narcotic drugs which are not distributed through channels which are strictly controlled by the competent authorities to be used for medical and scientific purposes are, because of their very nature, subject to a prohibition on importation and offering for sale in all the Member States (see, to that effect, Wolf , paragraph 10; Case 240/81 Einberger , paragraph 10; Case 294/82 Einberger , paragraph 15; Mol , paragraphs 15 and 18; Vereniging Happy Family Rustenburgerstraat , paragraphs 17 and 20; and Coffeeshop ‘Siberië’ , paragraph 14). The fact that some Member States describe a narcotic drug as a ‘soft’ drug is not capable of calling that finding into question (see, to that effect, Vereniging Happy Family Rustenburgerstraat , paragraph 25). | 41. Article 14(3) of Regulation No 2100/94, which moreover provides expressly that the conditions to give effect to the derogation provided for in paragraph 1 of that article are to be established in implementing rules, must be interpreted in the light of that paragraph 1 and cannot therefore refer to cases in which that derogation is not even capable of applying (see Schulin , paragraph 52). | 0 |
5,426 | 48. Accordingly, it is necessary to determine whether, if the defendants had brought an action for annulment of that listing, the admissibility of their action would have been beyond doubt (see, to that effect, Case C-343/07 Bavaria and Bavaria Italia [2009] ECR I‑0000, paragraph 40). | 44. Il convient de rappeler que, selon une jurisprudence constante, le principe de sécurité juridique, qui a pour corollaire celui de la protection de la confiance légitime, exige qu’une législation entraînant des conséquences défavorables à l’égard des particuliers soit claire et précise et que son application soit prévisible pour les justiciables (voir, notamment, arrêt du 7 juin 2005, VEMW e.a., C‑17/03, Rec. p. I‑4983, point 80). Ainsi qu’il a été rappelé au point 33 du présent arrêt, un délai de prescription doit être fixé à l’avance pour remplir sa fonction d’assurer la sécurité juridique. | 0 |
5,427 | 75. Thus, the case-law preceding the adoption by the Commission of the 2006 Guidelines which aim to provide a framework for the exercise of its power of discretion concerning the fixing of fines already showed in a consistent manner that, with regard to the fixing of the fine, it is open to the Commission to take into account not only the undertaking’s global turnover, which constitutes an indication, albeit an approximate and imperfect one, of the undertaking’s size and its economic power, but also the proportion of that turnover accounted for by the goods in respect of which the infringement was committed, which thus gives an indication of the scale of the infringement (see, inter alia, Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraphs 120 and 121, and Commission v Anic Partecipazioni , paragraph 164). | 27
In that connection, it must be recalled that Section 3 of Chapter 2 of that regulation establishes an autonomous system for the conferral of jurisdiction in matters of insurance (judgment of 12 May 2005, Société financière et industrielle de Peloux, C‑112/03, EU:C:2005:280, paragraph 29). | 0 |
5,428 | 49. According to the settled case-law of the Court, new rules apply, as a matter of principle, immediately to the future effects of a situation which arose under the old rule. The Court has also held that the principle of legitimate expectations cannot be extended to the point of generally preventing a new rule from applying to the future effects of situations which arose under the earlier rule (judgment in Commission v Freistaat Sachsen , C‑334/07 P, EU:C:2008:709, paragraph 43 and the case-law cited). | 37. Clearly, the imposition and enforcement of a sentence of imprisonment during the course of the return procedure provided for by Directive 2008/115 do not contribute to the carrying through of the removal which that procedure is intended to achieve, namely, the physical transportation of the person concerned out of the Member State concerned. Such a sentence does not therefore constitute a ‘measure’ or a ‘coercive measure’ within the meaning of Article 8 of Directive 2008/115. | 0 |
5,429 | 28. In that regard, it must be noted, firstly, that the essential feature of a charge having equivalent effect to a customs duty which distinguishes it from an internal tax is that the former is borne solely by a product which crosses a frontier, as such, whilst the latter is borne by imported, exported and domestic products (see, to that effect, judgment in Michaïlidis , C‑441/98 and C‑442/98, EU:C:2000:479, paragraph 22). | 55 The answer must therefore be that Article 2(1) and (4) of the Directive does not preclude a national rule which, in so far as its objective is to eliminate under-representation of women, in trained occupations in which women are under-represented and for which the State does not have a monopoly of training, allocates at least half the training places to women, unless despite appropriate measures for drawing the attention of women to the training places available there are not enough applications from women.
The fourth part of the question | 0 |
5,430 | 48. However, when giving a preliminary ruling the Court may, where appropriate, provide clarification designed to give the national court guidance in its interpretation (see, inter alia, Case C-238/05 Asnef-Equifax and Administración del Estado [2006] ECR I-11125, paragraph 40 and the case-law cited). | 37
Second, it must be pointed out that the motor vehicles referred to in Article 1(1) of the First Directive are, irrespective of their characteristics, intended normally to serve as means of transport. | 0 |
5,431 | 38. Furthermore, the owner of the copyright and the person claiming through him have a legitimate interest in calculating the fees due in respect of the authorisation to exhibit the film on the basis of the actual or probable number of performances (see, to that effect, Case 62/79 Coditel and Others [1980] ECR 881, paragraph 13, and Tournier , paragraph 12). | 13 IN THESE CIRCUMSTANCES THE OWNER OF THE COPYRIGHT IN A FILM AND HIS ASSIGNS HAVE A LEGITIMATE INTEREST IN CALCULATING THE FEES DUE IN RESPECT OF THE AUTHORIZATION TO EXHIBIT THE FILM ON THE BASIS OF THE ACTUAL OR PROBABLE NUMBER OF PERFORMANCES AND IN AUTHORIZING A TELEVISION BROADCAST OF THE FILM ONLY AFTER IT HAS BEEN EXHIBITED IN CINEMAS FOR A CERTAIN PERIOD OF TIME . IT APPEARS FROM THE FILE ON THE PRESENT CASE THAT THE CONTRACT MADE BETWEEN LES FILMS LA BOETIE AND CINE VOG STIPULATED THAT THE EXCLUSIVE RIGHT WHICH WAS ASSIGNED INCLUDED THE RIGHT TO EXHIBIT THE FILM ' ' LE BOUCHEUR ' ' PUBLICLY IN BELGIUM BY WAY OF PROJECTION IN CINEMAS AND ON TELEVISION BUT THAT THE RIGHT TO HAVE THE FILM DIFFUSED BY BELGIAN TELEVISION COULD NOT BE EXERCISED UNTIL 40 MONTHS AFTER THE FIRST SHOWING OF THE FILM IN BELGIUM .
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5,432 | 37. In that regard, it is clear from the case-law of the Court that, if the purpose of a formality imposed on the importer of a product subject to a national tax is to ensure payment of the debt corresponding to that tax, such a formality is related to the event giving rise to the tax, namely an intra-Community acquisition, and not to the crossing of a frontier in the sense of that provision (see, to that effect, judgments in Brzeziński , EU:C:2007:33, paragraphs 47 and 48, and Kalinchev , EU:C:2010:312, paragraph 27). | 27. Extinction of the exclusive right results either from the proprietor’s consent, whether express or implied, to a putting on the market in the EEA or from the putting on the market in the EEA by the proprietor himself or by an operator with economic links to the proprietor, such as, in particular, a licensee. The proprietor’s consent and the putting on the market in the EEA by him or by an operator with economic links to him, which are equivalent to the renunciation of the exclusive right, thus both constitute a decisive factor in the extinction of that right (see Coty Prestige Lancaster Group , paragraph 29 and the case-law cited). | 0 |
5,433 | 31. Consequently, even if, formally, the referring court has limited its questions to the interpretation of the recitals of Regulations Nos 796/2004 and 1122/2009, that does not prevent the Court from providing the referring court with a ruling on the interpretation of EU law which may be of assistance to the referring court in adjudicating in the case pending before it, whether or not the referring court has referred to them in the wording of its questions. It is for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision to make the reference, the points of EU law which require interpretation in view of the subject-matter of the dispute (see, by analogy, judgment in Fuß , C‑243/09, EU:C:2010:609, paragraph 40 and the case-law cited). | 10 By letter of 25 January 1993 the French Government maintained its position, in consequence of which the Commission brought this action. | 0 |
5,434 | 59. In that regard, first, such a penalty may, as a rule, be imposed only on those operators who have applied for export refunds when it is apparent that the information provided by them in support of their application is incorrect. Second, as there is a real risk that the exporter, who is often the last link in a contractual chain of purchases for resale, may avoid responsibility for the inaccuracy of his declaration because of the possibility of error, negligence or fraud further back up the chain, Article 11 of Regulation No 3665/87 makes him responsible for the accuracy of his declaration, subject to a penalty in the event of non-compliance (see, to that effect, Case C‑210/00 Käserei Champignon Hofmeister [2002] ECR I‑6453, paragraphs 42, 61 and 62). The exporter is fully at liberty to select his trading partners and it is up to him to take the appropriate precautions, either by including the necessary clauses in the contracts which he concludes with them or by effecting appropriate insurance ( AOB Reuter , paragraph 36). | 34 This plea must therefore also be rejected.
Incorrect assessment of the appellant's allegations concerning the principle of equal treatment and the increase of the amount of the guarantee in relation to the fourth tendering procedure | 0 |
5,435 | 50. The Court accepted in Albany that some restrictions of competition are inherent in collective agreements between organisations representing employers and workers. However, the social policy objectives pursued by such agreements would be seriously undermined if management and labour were subject to Article 85(1) of the Treaty when seeking jointly to adopt measures to improve conditions of work and employment. In those circumstances, the Court found that agreements concluded in the context of collective negotiations between management and labour in pursuit of such objectives must, by virtue of their nature and purpose, be regarded as falling outside the scope of that provision. The Court then considered whether the nature and purpose of the agreement at issue in Albany justified its exclusion from the scope of Article 85(1) of the Treaty, and concluded that, in that case, its exclusion from the scope of that provision was justified (see Albany , paragraphs 59 to 64). | 61. Also, it follows from that case-law that while recourse to Article 95 EC as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (see, to that effect, Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35; the tobacco advertising judgment, paragraph 86, and Case C-377/98 Netherlands v Parliament and Council [2001] ECR I-7079, paragraph 15). | 0 |
5,436 | 18. According to settled case-law, in order to determine whether a body making a reference is a ‘court or tribunal’ within the meaning of Article 267 TFEU, which is a question governed by European Union law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes , whether it applies rules of law and whether it is independent (see, inter alia, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23; Case C-53/03 Syfait and Others [2005] ECR I-4609, paragraph 29; Case C-246/05 Häupl [2007] ECR I-4673, paragraph 16; and the order of 14 May 2008 in Case C-109/07 Pilato [2008] ECR I-3503, paragraph 22). | 19. In addition, for there to be eutrophication within the meaning of Directive 91/271, there must be a cause and effect relationship between enrichment by nutrients and the accelerated growth of algae and higher forms of plant life on the one hand and, on the other hand, between the accelerated growth and an undesirable disturbance of the balance of organisms present in the water and to the quality of the water concerned. | 0 |
5,437 | 50. The use of a sign identical with a trade mark constitutes use in the course of trade where it occurs in the context of commercial activity with a view to economic advantage and not as a private matter (Case C‑206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 40; Céline , paragraph 17; and UDV North America , paragraph 44). | 29 As regards the comparative nature of advertising within the meaning of Directive 84/450 as amended, it is apparent from Article 2(2a) that the test is that comparative advertising identifies, explicitly or by implication, a competitor or goods or services offered by a competitor. | 0 |
5,438 | 12 In those four judgments, the Court added that unlawful imports or supplies of goods such as those at issue in those cases, release of which into the economic and commercial channels of the Community is by definition absolutely precluded and which can give rise only to penalties under the criminal law, are wholly alien to the provisions of the Sixth Directive (Einberger, paragraphs 19 and 20; Mol, paragraph 15; Happy Family, paragraph 17; and Witzemann, paragraph 19). That line of case-law thus concerns goods which, because of their special characteristics, may not be placed on the market or incorporated into economic channels. | 47. Such a restriction is permissible only if it is justified by overriding reasons of public interest. It is further necessary, in such a case, that its application be appropriate to ensuring the attainment of the objective thus pursued and not go beyond what is necessary to attain it (Case C-250/95 Futura Participations and Singer [1997] ECR I-2471, paragraph 26; Case C-9/02 De Lasteyrie du Saillant [2004] ECR I-2409, paragraph 49; and Marks & Spencer , paragraph 35). | 0 |
5,439 | 35. In this respect, it should be recalled that Decision No 1/80 does not encroach upon the competence retained by the Member States to regulate both the entry into their territory of Turkish nationals and the conditions under which they may take up their first employment (Case C‑237/91 Kus [1992] ECR I‑6781, paragraph 25, and Altun , paragraph 48). | 18 IT IS TO THAT END THAT ARTICLE 5 ( 1 ) PROVIDES AS FOLLOWS : ' ' MANUFACTURERS AND IMPORTERS SHALL BE FREE TO DETERMINE THE MAXIMUM RETAIL SELLING PRICE FOR EACH OF THEIR PRODUCTS . THIS PROVISION MAY NOT , HOWEVER , HINDER IMPLEMENTATION OF THE NATIONAL SYSTEMS OF LEGISLATION REGARDING THE CONTROL OF PRICE LEVELS OR THE OBSERVANCE OF IMPOSED PRICES . ' ' | 0 |
5,440 | 153. Lorsque, par la suite, un tel État membre se montre réticent à fournir les renseignements utiles à la Commission, il ne peut tirer argument de la durée de ladite procédure pour invoquer une confiance légitime quant à la compatibilité des aides en question avec le marché commun (voir arrêt du 21 mars 1991, Italie/Commission, C‑303/88, Rec. p. I‑1433, point 43). | 40 ATTENDU , CEPENDANT , QU ' IL Y A LIEU DE PRECISER , D ' UNE PART , QUE CETTE COMPETENCE DES ETATS MEMBRES N ' A QU ' UN CARACTERE TRANSITOIRE ET , D ' AUTRE PART , QUE LES ETATS MEMBRES CONCERNES SONT DES A PRESENT LIES PAR DES OBLIGATIONS COMMUNAUTAIRES DANS LES NEGOCIATIONS QU ' ILS MENENT DANS LE CADRE DE LA CONVENTION ET D ' AUTRES ACCORDS COMPARABLES ; | 0 |
5,441 | 28 It must also be remembered that according to the case-law of the Court (in particular Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraph 12, and Case C-258/95 Fillibeck v Finanzamt Neustadt [1997] ECR I-5577, paragraph 12), the concept of the supply of services effected for consideration within the meaning of Article 2(1) of the Sixth Directive requires the existence of a direct link between the service provided and the consideration received. | 41. Il importe également de souligner que l’application des règles de l’Union en matière d’aides d’État repose sur une obligation de coopération loyale entre, d’une part, les juridictions nationales et, d’autre part, la Commission et les juridictions de l’Union, dans le cadre de laquelle chacun agit en fonction du rôle qui lui est assigné par le traité. Dans le cadre de cette coopération, les juridictions nationales doivent prendre toutes mesures générales ou particulières propres à assurer l’exécution des obligations découlant du droit de l’Union et de s’abstenir de celles qui sont susceptibles de mettre en péril la réalisation des buts du traité, ainsi qu’il découle de l’article 4, paragraphe 3, TUE. Ainsi, les juridictions nationales doivent, en particulier, s’abstenir de prendre des décisions allant à l’encontre d’une décision de la Commission, même si elle revêt un caractère provisoire. | 0 |
5,442 | 19. In accordance with recitals 12 and 15 in the preamble to Regulation No 44/2001, that rule of jurisdiction meets the wish to facilitate the sound administration of justice, to minimise the possibility of concurrent proceedings and thus to avoid irreconcilable outcomes if cases are decided separately (judgment in Painer , C‑145/10, EU:C:2011:798, paragraph 77). | 16 AS THE COURT FOUND IN ITS JUDGMENT OF 17 DECEMBER 1981 IN CASE 272/80 ( FRANS-NEDERLANDSE MAATSCHAPPIJ VOOR BIOLOGISCHE PRODUCTEN ( 1981 ) ECR 3277 ), IN SO FAR AS THERE ARE UNCERTAINTIES AT THE PRESENT STATE OF SCIENTIFIC RESEARCH IT IS FOR THE MEMBER STATES , IN THE ABSENCE OF HARMONIZATION , TO DECIDE WHAT DEGREE OF PROTECTION OF THE HEALTH AND LIFE OF HUMANS THEY INTEND TO ASSURE , HAVING REGARD HOWEVER FOR THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .
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5,443 | 67. An intervener has no standing to raise a plea of inadmissibility not set out in the form of order sought by the defendant (see Case C‑313/90 CIRFS and Others v Commission [1993] ECR I‑1125, paragraphs 21 and 22; Case C-225/91 Matra v Commission [1993] ECR I‑3203, paragraphs 11 and 12; and Case C‑13/00 Commission v Ireland [2002] ECR I‑2943, paragraph 5). | 53. Clear and sufficient consumer information is important where the trader wishes to ensure that consumers can identify a prize and assess its nature. In that regard, it should be recalled that, pursuant to recital 18 in the preamble to the Unfair Commercial Practices Directive, where a commercial practice is specifically aimed at a particular group of consumers, it is desirable that its impact be assessed from the perspective of the average member of that group. According to that recital, national courts will have to exercise their own judgment in order to establish the typical reaction of the average consumer in a given case. | 0 |
5,444 | 41 In paragraphs 47 to 53 of Gloszczuk and paragraphs 50 to 56 of Barkoci and Malik, the Court addressed the question of the compatibility of the restrictions which the immigration legislation of the host Member State imposes on the right of establishment, and not the question of the interpretation of the expression economic activities as self-employed persons used in those Association Agreements. The Court there rejected the argument that, since the right of establishment provided for by those Agreements is equivalent to the right of establishment governed by Article 52 of the Treaty, application by the competent authorities of the host Member State of the national immigration rules requiring Polish and Czech nationals to obtain leave to enter or reside is in itself liable to render ineffective the rights granted to such persons by Article 44(3) of the Association Agreement between the Communities and Poland or Article 45(3) of the Association Agreement between the Communities and the Czech Republic. | 20. That being so, Article 3(1) of the First Directive precludes an insurer from being able to rely on statutory provisions or contractual clauses to refuse to compensate third-party victims of an accident caused by the insured vehicle. | 0 |
5,445 | 46 However, as was confirmed by the Court in paragraph 26 of Johnson, cited above, it is clear from the judgment in Steenhorst-Neerings, cited above, that the solution adopted in Emmott was justified by the particular circumstances of that case, in which a time-bar had the result of depriving the plaintiff in the main proceedings of any opportunity whatever to rely on her right to equal treatment under a Community directive (see also Haahr Petroleum, cited above, paragraph 52, and Joined Cases C-114/95 and C-115/95 Texaco and Olieselskabet Danmark [1997] ECR I-4263, paragraph 48). | 391. That complaint must be rejected. | 0 |
5,446 | 48. In that case, as such a project has been authorised before the expiry of the time-limit for transposing the Habitats Directive, it would not be subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, set out in that directive (see, to that effect, Case C-209/04 Commission v Austria [2006] ECR I-2755, paragraphs 53 to 62). | 115. None the less, here such a premium is paid to the right holders concerned in order to guarantee absolute territorial exclusivity which is such as to result in artificial price differences between the partitioned national markets. Such partitioning and such an artificial price difference to which it gives rise are irreconcilable with the fundamental aim of the Treaty, which is completion of the internal market. In those circumstances, that premium cannot be regarded as forming part of the appropriate remuneration which the right holders concerned must be ensured. | 0 |
5,447 | 50. In any event, it is, in such circumstances, for the referring court to determine whether, as regards the receipt of the three-yearly length-of-service increments at issue in the main proceedings, career civil servants and non-permanent staff, in respect of which a difference in treatment in terms of employment conditions is alleged, are in a comparable situation (see, to that effect, the judgment in Rosado Santana , C‑177/10, EU:C:2011:557, paragraph 67, and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraph 39, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 44). | 58 With regard to the first condition, it is to be observed that Article 1(2) of the Directive refers not to legislative acts but to development consent, which it defines as `the decision of the competent authority or authorities which entitles the developer to proceed with the project'. Therefore, if it is a legislative act, instead of a decision of the competent authorities, which grants the developer the right to carry out the project, that act must be specific and display the same characteristics as the development consent specified in Article 1(2) of the Directive. | 0 |
5,448 | 27
The Court has already held that the concept of ‘legislation’ is broad, including all the types of legislative, regulatory and administrative measures adopted by the Member States, and must be taken to cover all the national measures applicable in the matter (judgment of 26 February 2015, de Ruyter, C‑623/13, EU:C:2015:123, paragraph 32). | 37 Those arguments cannot be upheld. According to settled case-law, the principle of equal treatment, when considered as a general principle of Community law, requires that similar situations should not be treated differently and different situations should not be treated identically unless such a differentiation is objectively justified. | 0 |
5,449 | 32. That being so, the Commission alone is competent to decide whether it is appropriate to bring proceedings against a Member State for failure to fulfil its obligations and to determine the conduct or omission attributable to the Member State on the basis of which those proceedings should be brought (see, to that effect, judgments in Commission v Germany , C‑431/92, EU:C:1995:260, paragraph 22; Commission v Germany , C‑476/98, EU:C:2002:631, paragraph 38; and Commission v Greece , C‑394/02, EU:C:2005:336, paragraph 28). | 40. In the light of all the above considerations, the concept of ‘flight’ within the meaning of Regulation No 261/2004 must be interpreted as consisting essentially in an air transport operation, being as it were a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary. | 0 |
5,450 | 14 The Court has consistently held that the decisive criterion for the customs classification of goods must be sought generally in their objective characteristics and qualities, as defined in the relevant heading of the Common Customs Tariff (see the judgments in Case C-177/91 Bioforce [1993] ECR I-45, paragraph 8, and in Case C-11/93 Siemens Nixdorf [1994] ECR I-0000, paragraph 11). | 23 According to the RTT, there could be a finding of an infringement of Article 90(1) of the Treaty only if the Member State had favoured an abuse that the RTT itself had in fact committed, for example by applying the provisions on type-approval in a discriminatory manner. It emphasizes, however, that the order for reference does not state that any abuse has actually taken place, and that the mere possibility of discriminatory application of those provisions by reason of the fact that the RTT is designated as the authority for granting approval and is competing with the undertakings that apply for approval cannot in itself amount to an abuse within the meaning of Article 86 of the EEC Treaty. | 0 |
5,451 | 115. The Court has already held that legislation which has as its objective the control of the consumption of alcohol so as to prevent the harmful effects caused to health of humans and society by alcoholic substances, and which thus seeks to combat alcohol abuse, reflects health and public policy concerns recognised by Article 36 TFEU (judgments in Ahokainen and Leppik , C‑434/04, EU:C:2006:609, paragraph 28, and in Rosengren and Others , C‑170/04, EU:C:2007:313, paragraph 40). | 74. To that end, it should be observed that the national tribunal considers, in point 10(6) of its order, that the higher rate of IPT and VAT form part of an inseparable whole, which was the aim pursued in introducing the higher rate. That rate was introduced to counteract the practice of taking advantage of the difference between the standard rate of IPT and that of VAT by manipulating the prices of rental or sale of appliances and of the associated insurance. Such conduct had given rise to a loss of income in terms of VAT receipts and to shifts in the conditions of competition in the domestic appliance sector. | 0 |
5,452 | 32. Although the national court has formally limited its question to the interpretation of Article 1 of Directive 83/183, that does not preclude the Court from providing the national court with all those elements for the interpretation of Community law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its question (see, to that effect, Case C-241/89 SARPP [1990] ECR I-4695, paragraph 8; Case C-315/92 Verband Sozialer Wettbewerb (‘Clinique’) [1994] ECR I-317, paragraph 7; Case C-87/97 Consorzio per la tutela del formaggio Gorgonzola [1999] ECR I-1301, paragraph 16; and Weigel , paragraph 44). | 67. In that connection, it must be acknowledged that the grant of exclusive rights to operate games of chance via the internet to a single operator, such as Santa Casa, which is subject to strict control by the public authorities, may, in circumstances such as those in the main proceedings, confine the operation of gambling within controlled channels and be regarded as appropriate for the purpose of protecting consumers against fraud on the part of operators. | 0 |
5,453 | 23 Finally, as the Court held in Rompelman, at paragraph 24, it is for the person applying to deduct VAT to show that the conditions for deduction are met and Article 4 does not preclude the tax authority from requiring objective evidence in support of the declared intention to commence economic activities which will give rise to taxable transactions. | 46. En effet, la décision-cadre s’applique également aux sanctions pécuniaires infligées par des autorités administratives. Par conséquent, ainsi que le souligne à juste titre le gouvernement néerlandais, il peut être exigé, selon les particularités des systèmes juridictionnels des États membres, qu’une phase administrative préalable ait lieu. Toutefois, l’accès à une juridiction compétente notamment en matière pénale, au sens de la décision-cadre, ne doit pas être soumis à des conditions qui le rendent impossible ou excessivement difficile (voir, par analogie, arrêt du 28 juillet 2011, Samba Diouf, C‑69/10, Rec. p. I‑7151, point 57). | 0 |
5,454 | 45. Thus, a measure which, in essence, makes the right of exemption from VAT in respect of an intra-Community supply subject to compliance with formal obligations, without any account being taken of the substantive requirements and, in particular, without any consideration being given as to whether those requirements have been satisfied, goes further than is necessary to ensure the correct collection of the tax (see Collée , paragraph 29). | 33
Pursuant to Article 12 of Directive 2004/114, students from third countries must be issued with a residence permit where they meet the general and specific conditions exhaustively listed in Articles 6 and 7 of the directive (see, to that effect, judgment of 10 September 2014, Ben Alaya, C‑491/13, EU:C:2014:2187, paragraph 27). | 0 |
5,455 | 24 It follows that, contrary to the arguments put forward by the French Republic, the Directive seeks to achieve, in the matters regulated by it, complete harmonisation of the laws, regulations and administrative provisions of the Member States (see the judgments of today in Case C-154/00 Commission v Greece [2002] ECR I-3879, paragraphs 10 to 20, and Case C-183/00 González Sánchez [2002] ECR I-3901, paragraphs 23 to 32). | 15 Thirdly, the fact that the Directive provides for certain derogations or refers in certain cases to national law does not mean that in regard to the matters which it regulates harmonisation is not complete. | 1 |
5,456 | 29. It is settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedom of establishment must be regarded as restrictions of that freedom (see, inter alia, Case C‑79/01 Payroll and Others [2002] ECR I‑8923, paragraph 26; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; and Case C‑157/07 Krankenheim Ruhesitz am Wannsee‑Seniorenheimstatt [2008] ECR I‑0000, paragraph 30). | 30. Moreover, it is settled case-law that all measures which prohibit, impede or render less attractive the exercise of that freedom must be regarded as such restrictions (Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 37; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11). | 1 |
5,457 | 44. Thirdly, it must also be borne in mind that, although European Union law does not preclude, in principle, a system of prior authorisation, it is nevertheless necessary that the conditions attached to the grant of such authorisation must be justified in the light of the imperatives mentioned above, that they do not exceed what is objectively necessary for that purpose and that the same result cannot be achieved by less restrictive rules. Such a system must, in addition, be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion, so that it is not used arbitrarily (see, to that effect, Smits and Peerbooms , paragraphs 82 and 90; Müller-Fauré and van Riet , paragraphs 83 to 85; and Watts , paragraphs 114 to 116). | 66 IT EMERGES FROM THE CONTESTED DECISION THAT THE COMMISSION HAS NOT MADE SUFFICIENT ALLOWANCE FOR THE EFFECT OF THOSE REGULATIONS AND HAS CONSEQUENTLY OVERLOOKED A CRUCIAL FACTOR IN THE EVALUATION OF THE INFRINGEMENTS WHICH IT ALLEGES . | 0 |
5,458 | 29. The Court has held that such restrictive effects may arise in particular where, on account of a tax law, a company may be deterred from setting up subsidiary bodies such as permanent establishments in other Member States and from carrying on its activities through such bodies (judgments in Marks & Spencer , C‑446/03, EU:C:2005:763, paragraphs 32 and 33; Keller Holding , Case C‑471/04, EU:C:2006:143, paragraph 35; and Deutsche Shell , C‑293/06, EU:C:2008:129, paragraph 29). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,459 | 26 First, the consistent case-law of the Court shows that a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual (see, in particular, Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723, paragraph 48; Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 6; Case C-91/92 Faccini Dori v Recreb [1994] ECR I-3325, paragraph 20). According to that case-law, however, when applying national law, whether adopted before or after the directive, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty. | 27 Indeed, the file indicates that the provisions of domestic law in question apply without distinction to situations governed by domestic law and to situations governed by Community law, and sometimes to both simultaneously. In German domestic law, those provisions must be interpreted and applied uniformly, whether the applicable law is domestic law or Community law. For the purposes of their application to situations governed by Community law, the provisions in question are to be interpreted and applied in accordance with Article 244 of the Code. Consequently, German law requires that the domestic provisions in question should always be applied in accordance with that article. | 0 |
5,460 | 23
It is important to bear in mind that the European arrest warrant system introduced by the Framework Decision is based on the principle of mutual recognition, which is itself founded on the mutual confidence between the Member States that their national legal systems are capable of providing equivalent and effective protection of the fundamental rights recognised at EU level, particularly in the Charter of Fundamental Rights of the European Union (see, to that effect, judgment of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraphs 75 to 77). | 62. As is apparent from the wording of Article 5(2) of Directive 1999/44, read in the light of recital 19 in the preamble thereto, and from the purpose of that provision, the obligation thereby imposed on the consumer cannot go beyond that of informing the seller that a lack of conformity exists. | 0 |
5,461 | 20
Second, before a condition can be classified within ‘other requirements’, within the meaning of Article 1(4) of Directive 98/34, a national measure must constitute a ‘condition’ which can significantly influence the composition or nature of the product concerned or its marketing (see, to that effect, judgment of 19 July 2012, Fortuna and Others, C‑213/11, C‑214/11 and C‑217/11, EU:C:2012:495, paragraph 35 and the case-law cited). However, it is necessary to determine whether such a measure is to be deemed a ‘condition’ relating to the use of the product concerned or whether it is, rather, a national measure falling within the category of technical regulations referred to in Article 1(11) of Directive 98/34. Whether a national measure falls within one or other of those two categories of technical regulations depends on the scope of the prohibition laid down by that measure (see, to that effect, judgment of 21 April 2005, Lindberg, C‑267/03, EU:C:2005:246, paragraphs 73 and 74). | 82. It follows that, if a Member State relies on that test during the administrative procedure, it must, where there is doubt, establish unequivocally and on the basis of objective and verifiable evidence that the measure implemented falls to be ascribed to the State acting as shareholder. | 0 |
5,462 | 29. Likewise, with the exception of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6) and Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (OJ 2003 L 157, p. 38), no unifying or harmonising measure designed to eliminate cases of double taxation has as yet been adopted at Community-law level (see, in particular, Orange European Smallcap Fund , paragraph 32). | 54. Il convient de rappeler que, selon une jurisprudence constante, un pourvoi qui, sans même comporter une argumentation visant spécifiquement à identifier l’erreur de droit dont serait entaché l’arrêt attaqué, se limite à répéter ou à reproduire les moyens et les arguments qui ont déjà été présentés devant le Tribunal, constitue en réalité une demande visant à obtenir un simple réexamen de la requête présentée devant le Tribunal, ce qui échappe à la compétence de la Cour (voir, en ce sens, arrêt Bergaderm et Goupil/Commission, 352/98 P, EU:C:2000:361, points 34 et 35, ainsi que ordonnance I Marchi Italiani/OHMI, C‑381/12 P, EU:C:2013:371, point 46). | 0 |
5,463 | 136 The Court has thus held that the principle of national treatment requires a Member State which is a party to a bilateral international treaty with a non-member country for the avoidance of double taxation to grant to permanent establishments of companies resident in another Member State the advantages provided for by that treaty on the same conditions as those which apply to companies resident in the Member State that is party to the treaty (see Saint-Gobain, paragraph 59, and judgment of 15 January 2002 in Case C-55/00 Gottardo v INPS [2002] ECR I-413, paragraph 32). | 53. In that respect, account must be taken of the difference between the selling prices of the products in question and the impact of that difference on the consumer’s choice, as well as to changes in the consumption of those products ( Roders and Others , paragraph 39). | 0 |
5,464 | 110. In accordance with settled case-law, the recovery of unlawful aid seeks to re-establish the previous situation, and that purpose is achieved once the aid in question, together where appropriate with default interest, has been repaid by the recipient or, in other words, by the undertakings which actually benefited from it. By repaying the aid, the recipient forfeits the advantage which it had enjoyed over its competitors on the market, and the situation prior to payment of the aid is restored (see, to that effect, judgment in Germany v Commission , C‑277/00, EU:C:2004:238, paragraphs 74 and 75). | 53
It is clear from recital 1 of Directive 2014/54, under which the free movement of workers ‘is further developed by Union law aiming to guarantee the full exercise of rights conferred on Union citizens and the members of their family’, that the expression ‘“members of their family” should be understood as having the same meaning as the term defined in point (2) of Article 2 of Directive [2004/38], which applies also to family members of frontier workers’. | 0 |
5,465 | 27. Second, the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see, inter alia, Case C-207/96 Commission v Italy [1997] ECR I-6869, paragraph 18, and Case C-439/99 Commission v Italy , cited above, paragraph 12). | 66. Furthermore, the effect of authorising or accepting such types of evidence would be to incite other applicants to offer the same and would lead, de facto, to requiring applicants to provide such evidence. | 0 |
5,466 | 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). | 30. Under the transitional arrangements laid down in Title XVIa of the Sixth Directive, firstly, the vendor effects an exempted supply in the Member State of the departure of the dispatch or intra-Community transport of the goods in accordance with Article 8(1)(a) and the first subparagraph of Article 28c(A)(a) of that directive and, then, is granted by that Member State a deduction or refund of the VAT due or paid as input tax in that Member State in respect of those goods under Article 17(3)(b) of that directive, as amended by Article 28f(1) of that directive. For his part, the person acquiring the goods makes an intra-Community acquisition that is taxed in the Member State in which that dispatch or intra-Community transport ends under the first subparagraph of Article 28a(1)(a) and Article 28b(A)(1) of the Sixth Directive. | 0 |
5,467 | 25. Moreover, it is clear from the Court’s case-law (Case C-273/00 Sieckmann [2002] ECR I-11737, paragraphs 46 to 55, and Libertel , paragraphs 28 and 29) that a graphic representation in terms of Article 2 of the Directive must enable the sign to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified. | 34. It has already been held, with respect to the deployment of workers who are nationals of non-member States by a service-providing undertaking established in the Community, that national legislation which makes the provision of services within national territory by an undertaking established in another Member State subject to the issue of an administrative visa constitutes a restriction on the freedom to provide services within the meaning of Article 49 EC (see Vander Elst , paragraph 15, and Commission v Luxembourg , paragraph 24). | 0 |
5,468 | 56. On the first point, the Court has already ruled that the disadvantages which could arise from the parallel exercise of powers of taxation by different Member States, to the extent that such an exercise is not discriminatory, do not constitute restrictions prohibited by the Treaty (see, to that effect, Kerckhaert and Morres , paragraphs 19, 20 and 24; Case C‑194/06 Orange European Smallcap Fund [2008] ECR I‑3747, paragraphs 41, 42 and 47; and Case C‑128/08 Damseaux [2009] ECR I‑0000, paragraph 27). | 35. However, as the Court has already held, those objectives cannot be attained by undermining in any way the rights of the defence of the addressees, which derive from the right to a fair hearing, enshrined in the second paragraph of Article 47 of the Charter of Fundamental Rights and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (see, in this sense, Weiss und Partner , paragraph 47). | 0 |
5,469 | 68. According to settled case-law, in an action for failure to fulfil obligations it is for the Commission to prove the allegation that the obligation has not been fulfilled. It is the Commission which must provide the Court with the evidence necessary for the Court to establish that the obligation has not been fulfilled, and it may not rely on any presumption (see, inter alia, Commission v Italy , C‑135/05, EU:C:2007:250, paragraph 26, and Commission v Greece , C‑305/06, EU:C:2008:486, paragraph 41). | 42. That competence also implies that a Member State cannot be required to take account, for the purposes of applying its tax law, of the negative results of a permanent establishment situated in another Member State which belongs to a company with a registered office in the first State solely because those negative results are not capable of being taken into account for tax purposes in the Member State where the permanent establishment is situated. | 0 |
5,470 | 17 It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN (see, with regard to the CCT, Case C-459/93 Hauptzollamt Hamburg-St Annen v Thyssen Haniel Logistic [1995] ECR I-1381, paragraph 8, and Joined Cases C-106/94 and C-139/94 Colin and Dupré [1995] ECR I-4759, paragraph 22). There are also explanatory notes drawn up, as regards the CN, by the European Commission and, as regards the Harmonized Commodity Description and Coding System, by the Customs Cooperation Council, which may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (Case C-35/93 Develop Dr Eisbein v Hauptzollamt Stuttgart-West [1994] ECR I-2655, paragraph 21, and Colin and Dupré, cited above, paragraph 21). | 40. Une telle restriction qui aurait pour objet ou pour effet de soumettre l’exercice par un ressortissant turc de la libre circulation des travailleurs sur le territoire national à des conditions plus restrictives que celles applicables à la date d’entrée en vigueur de la décision nº 1/80 est prohibée sauf à ce qu’elle relève des limitations visées à l’article 14 de cette décision ou à ce qu’elle soit justifiée par une raison impérieuse d’intérêt général, soit propre à garantir la réalisation de l’objectif légitime poursuivi et n’aille pas au-delà de ce qui est nécessaire pour l’atteindre. | 0 |
5,471 | 34. In any event, even on the assumption that a taxable person liable to IRAP selling to final consumers will take account, in fixing his price, of the amount of the charge included in its general expenses, not all taxable persons have the possibility of thus passing on, or passing on in full, the burden of the tax (see, to that effect, Pelzl and Others , paragraph 24). | 28. Article 29(1) provides that the customs value concerns only goods ‘sold for export to the customs territory of the Community’. It follows that it must be agreed, at the time of sale, that the goods originating in a non-member country will be transported into the customs territory of the Community (see, by analogy, with regard to Article 3(1) of Council Regulation (EEC) No 1224/80 of 28 May 1980 on the valuation of goods for customs purposes (OJ 1980 L 134, p. 1), a provision essentially identical to Article 29(1) of the Community Customs Code, Case C‑11/89 Unifert [1990] ECR I‑2275, paragraph 11). | 0 |
5,472 | 16 However, it is also apparent from the case-law of the Court (Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret v Fondo de Garantía Salarial [1993] ECR I-6911, paragraph 20; Faccini Dori, paragraph 26; and Joined Cases C-240/98 to C-244/98 Océano Grupo Editorial v Salvat Editores [2000] ECR I-4941, paragraph 30) that, when applying national law, whether adopted before or after the directive, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC). | 65. Il est de jurisprudence constante que, dans l’hypothèse où tous les autres moyens d’un pourvoi ont été rejetés, les conclusions concernant la prétendue irrégularité de la décision du Tribunal sur les dépens doivent être rejetées comme irrecevables, en application de l’article 58, second alinéa, du statut de la Cour de justice de l’Union européenne, aux termes duquel un pourvoi ne peut porter uniquement sur la charge et le montant des dépens (voir, notamment, arrêt LPN et Finlande/Commission, C-514/11 P et C-605/11 P, EU:C:2013:738, point 100 ainsi que jurisprudence citée). | 0 |
5,473 | 57. However, it should be pointed out that where the grounds of a judgment of the Court of First Instance disclose an infringement of Community law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (see Case C-30/91 P Lestelle v Commission [1992] ECR I-3755, paragraph 28, and Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraph 58). | 42. As narcotic drugs which are not distributed through such strictly controlled channels are prohibited from being released into the economic and commercial channels of the European Union, a coffee-shop proprietor cannot rely on the freedoms of movement or the principle of non-discrimination, in so far as concerns the marketing of cannabis, to object to municipal rules such as those at issue in the main proceedings. | 0 |
5,474 | 50. That outcome is not called into question by the fact that, in certain exceptional cases, the Court has accepted that, having regard to the specific characteristics of the sectors in question, differences in the regulatory framework or the legal regime governing the supplies of goods or services at issue, such as whether or not a drug is reimbursable or whether or not the supplier of a service is subject to an obligation to provide a universal service, may create a distinction in the eyes of the consumer, in terms of the satisfaction of his own needs (Case C-481/98 Commission v France , paragraph 27, and Case C-357/07 TNT Post UK [2009] ECR I-3025, paragraphs 38, 39 and 45). | 56. Although Directive 93/13 requires that the national court hearing disputes between consumers and sellers or suppliers take positive action unconnected with the parties to the contract (the judgments in Asbeek Brusse and de Man Garabito , C‑488/11, EU:C:2013:341, paragraph 39 and case-law cited, and Pohotovosť , EU:C:2014:101, paragraph 40 and case-law cited), the need to comply with the principle of effectiveness cannot be stretched so far as to make up fully for the total inertia on the part of the consumer concerned (see, to that effect, the judgment in Asturcom Telecomunicaciones , C‑40/08, EU:C:2009:615, paragraph 47). | 0 |
5,475 | 12 It is not sufficient, for the purpose of showing that an additive does not meet a genuine need, to rely on the fact that a product could be manufactured using another substance. Such an interpretation of the concept of technological need could result in favouring national production methods, which would constitute a disguised means of restricting trade between Member States (see the "Purity requirement for beer case", cited above, at paragraph 51, and the judgment in Joined Cases C-13/91 and C-113/91 Debus [1992] ECR I-3617, at paragraph 28). | 53. Although, pursuant to Article 3 thereof, Regulation No 1049/200, and in particular Article 4 thereof, is to apply to any request by an applicant for access to environmental information held by Community institutions and bodies, Article 6 of Regulation No 1367/2006 adds more specific rules concerning such request for access which in part favour and in part restrict the access to the documents. | 0 |
5,476 | 38. The Court has held previously in that regard that, by reason of the primacy of directly-applicable European Union law, national legislation concerning a public monopoly on games of chance which, according to the findings of a national court, comprises restrictions that are incompatible with the freedom of establishment and the freedom to provide services, because those restrictions do not contribute to limiting betting activities in a consistent and systematic manner, cannot continue to apply during a transitional period (Case C-409/06 Winner Wetten [2010] ECR I-8015, paragraph 69). | 63
Accordingly, failure to assess the risk posed by the work of a breastfeeding worker in accordance with the requirements of Article 4(1) of Directive 92/85 must be regarded as less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of that directive and constitutes, as appears from paragraph 60 above, direct discrimination on grounds of sex within the meaning of Article 2(2)(c) of Directive 2006/54. | 0 |
5,477 | 74. Accordingly, the Court has accepted that a requirement of prior authorisation may, under certain conditions, be justified by such a consideration in the context of hospital care (see, inter alia, Smits and Peerbooms , paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81; and Watts , paragraphs 108 to 110) and in the context of medical care which, although it may be provided outside a hospital setting, requires the use of major and costly equipment exhaustively listed in the national legislation (see, to that effect, Commission v France , paragraphs 34 to 42). | 37. Regardless of the setting, hospital or otherwise, in which it is intended to be installed and used, it must be possible for the major medical equipment exhaustively listed in Article R. 6122‑26 of the Public Health Code to be the subject of planning policy, such as that defined by the national legislation at issue, with particular regard to quantity and geographical distribution, in order to help ensure throughout national territory a rationalised, stable, balanced and accessible supply of up-to-date treatment, and also to avoid, so far as possible, any waste of financial, technical and human resources. | 1 |
5,478 | 36. The Court has accordingly held that inasmuch as, in certain labour-intensive sectors, a group of workers engaged in a joint activity on a permanent basis may constitute an economic entity, such an entity is capable of maintaining its identity after it has been transferred where the new employer does not merely pursue the activity in question but also takes over a major part, in terms of their numbers and skills, of the employees specially assigned by his predecessor to that task. In those circumstances, the new employer takes over a body of assets enabling him to carry on the activities or certain activities of the transferor undertaking on a regular basis (see Süzen , paragraph 21; Hernández Vidal and Others , paragraph 32; Joined Cases C‑173/96 and C‑247/96 Hidalgo and Others [1998] ECR I‑8237, paragraph 32; Case C‑51/00 Temco [2002] ECR I‑969, paragraph 33; and UGT-FSP , paragraph 29). | 21 Since in certain labour-intensive sectors a group of workers engaged in a joint activity on a permanent basis may constitute an economic entity, it must be recognized that such an entity is capable of maintaining its identity after it has been transferred where the new employer does not merely pursue the activity in question but also takes over a major part, in terms of their numbers and skills, of the employees specially assigned by his predecessor to that task. In those circumstances, as stated in paragraph 21 of Rygaard, cited above, the new employer takes over a body of assets enabling him to carry on the activities or certain activities of the transferor undertaking on a regular basis. | 1 |
5,479 | 32. It is settled case‑law that that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the perception of them by the relevant public ( Storck v OHIM , paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). Furthermore, the Court has held, as OHIM points out in its appeal, that that method of assessment is also applicable to an analysis of the distinctive character of signs consisting solely of a colour per se, three‑dimensional marks and slogans (see, to that effect, respectively, Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraph 78; Storck v OHIM , paragraph 26; and Audi v OHIM , paragraphs 35 and 36). | 31. According to the Court’s settled case-law, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (judgment in Léger , C‑528/13, EU:C:2015:288, paragraph 35 and the case-law cited). | 0 |
5,480 | 47. Moreover, it should be noted that, formally, the referring court has limited its second, third and fourth questions to the interpretation of Articles 2 and 8 of the Framework Decision. Such a situation does not however prevent the Court from providing the referring court with all the elements of interpretation of EU law, including, in the present case, those which may relate to another provision of the Framework Decision, which may be of assistance in adjudicating on the case before it, whether or not that court has specifically referred to them in the questions (see, to that effect, Case C‑434/09 McCarthy [2011] ECR I‑0000, paragraph 24). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,481 | 49. Where such a difference in legislation exists, the principle of cooperation in good faith laid down in Article 10 EC requires the competent authorities in the Member States to use all the means at their disposal to achieve the aim of Article 39 EC (see van Munster , paragraph 32). | 25 Those arguments cannot be accepted. As the Court held in its judgment in Case 98/80 Romano v Institut National d' Assurance Maladie-Invalidité [1981] ECR 1241, acts of the Administrative Commission cannot have the force of law. Likewise, an argument based on greater convenience cannot prevail against an unequivocal provision. | 0 |
5,482 | 20. Consequently, the second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted in the light of the origins, objectives and scheme of that regulation (see, to that effect, Case C‑103/05 Reisch Montage [2006] ECR I‑6827, paragraph 29; Case C‑283/05 ASML [2006] ECR I‑12041, paragraphs 16 and 22; and Case C‑386/05 Color Drack [2007] ECR I-3699, paragraph 18). | 25 Thus, none of those provisions determines the point in time from which the limitation period for the recovery of VAT begins to run. Nor, moreover, does examination of the Sixth Directive reveal any other provision concerning this question. | 0 |
5,483 | 26 That principle of legal certainty requires, in particular, that the jurisdictional rules which derogate from the basic principle of the Brussels Convention laid down in Article 2, such as the rule in Article 5(1), should be interpreted in such a way as to enable a normally well-informed defendant reasonably to foresee before which courts, other than those of the State in which he is domiciled, he may be sued (Handte, cited above, paragraph 18, and GIE Groupe Concorde and Others, paragraph 24). | 39 It does not, however, appear from the information before the Court that authorizations to operate outlets are limited to the extent of jeopardizing a satisfactory supply of domestic and imported tobacco products to consumers. The Italian Government has stated, in reply to a question put by the Court, that the legislation in question seeks to ensure an optimum geographical spread of retailers, particularly in view of considerations relating to territorial planning and the proximity of outlets to customer concentrations. | 0 |
5,484 | 44. As regards the financial consequences which might ensue for the employer from the obligation to reinstate a pregnant employee unable for the duration of the pregnancy, to carry out all her duties, the Court has already held that discrimination on grounds of sex cannot be justified on grounds relating to the financial loss for an employer (Dekker , paragraph 12; Mahlburg , paragraph 29; and Tele Danmark , paragraph 28). | 93 Finally, the Commission observes that, in order to assess the proportionality of the contested decision, it is necessary to examine it in the light of the package of measures adopted, costing some ECU 2.5 billion (including adjustment of the intervention thresholds, exceptional support measures in the United Kingdom and in other Member States, calf processing premiums, income support for beef and veal farmers, special measures for exporters, private storage aid for veal, export refunds, measures to promote and market quality beef and veal, and research). | 0 |
5,485 | 29. However, that right is none the less subject to certain limitations based on grounds of public or private interest. More specifically, and in reflection of recital 11, Article 4 of Regulation No 1049/2001 provides that the institutions are to refuse access to a document where its disclosure would undermine the protection of one of the interests protected by that provision (see Case C‑266/05 P Sison v Council [2007] ECR I‑1233, paragraph 62; Sweden and Others v API and Commission , paragraphs 70 and 71; and Sweden v MyTravel and Commission , paragraph 74). | 21. The Court has also held that importers associated with exporters in third countries on whose products anti-dumping duties have been imposed may challenge the regulations imposing such duties, particularly where the export price has been calculated on the basis of those importers’ resale prices on the Community market and where the anti-dumping duty itself is calculated on the basis of those resale prices (see judgments in Neotype Techmashexport v Commission and Council , C‑305/86, EU:C:1990:295, paragraphs 19 and 20, and in addition Valimar , C‑374/12, EU:C:2014:2231, paragraph 32). | 0 |
5,486 | 47. It should be noted that the definition of the concept of ‘worker’ within the meaning of Article 45 TFEU expresses the requirement, which is inherent in the very principle of the free movement of workers, that the advantages conferred by European Union law under that freedom may be relied on only by people genuinely pursuing or genuinely wishing to pursue employment activities. It does not mean, however, that the enjoyment of that freedom may be made contingent on which objectives are being pursued by a national of a Member State in applying to enter the territory of a host Member State, provided that he pursues or wishes to pursue effective and genuine employment activities. Once that condition is satisfied, the motives which may have prompted a worker of a Member State to seek employment in another Member State are of no account and must not be taken into consideration (see, to that effect, Levin , paragraphs 21 and 22, and Case C-109/01 Akrich [2003] ECR I-9607, paragraph 55). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,487 | 26. While it is true that the Court has already accepted the application of different tax collection techniques to those deriving income from capital depending on whether they are resident or non-resident, that difference in treatment relates to situations which are not objectively comparable ( Truck Center , paragraph 41). As that difference in treatment does not, moreover, necessarily procure an advantage for resident recipients, the Court has ruled that it does not constitute a restriction of the freedom of establishment ( Truck Center , paragraphs 49 and 50). | 23 The aim of Article 14 is to ensure that the consumer is given easy access to the compulsory particulars specified in the Directive. | 0 |
5,488 | 45. Next, it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (judgment in Delphi Deutschland , C‑423/10, EU:C:2011:315, paragraph 23 and the case-law cited). | 28. Toutefois, ainsi qu’il ressort notamment des points 18 et 29 de l’arrêt attaqué, M. Jurašinović n’a pas fait valoir en première instance que les exceptions prévues à l’article 4, paragraphe 1, sous a), premier et troisième tirets, du règlement n o 1049/2001 n’étaient pas applicables aux documents en cause, mais s’est limité à contester le bien-fondé des arguments avancés par le Conseil dans la décision litigieuse visant à établir que la divulgation de ces documents aurait porté atteinte aux intérêts protégés par ces exceptions. | 0 |
5,489 | 38. The detailed procedural rules that are applicable are a matter for the domestic legal order of each Member State, under the principle of procedural autonomy of the Member States, provided that they are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not render impossible in practice or excessively difficult the exercise of rights conferred by the European Union legal order (principle of effectiveness) (see Wells , paragraph 67). | 62
Fixing a maximum duration for the tariffs adopted cannot constitute such a limit, in so far as that mechanism relates only to a periodical review of the level of those tariffs and does not concern the need for and terms of the public intervention in prices according to developments in the gas market. | 0 |
5,490 | 34 It must also be remembered that according to the case-law of the Court (in particular Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraph 12, and Case C-258/95 Fillibeck v Finanzamt Neustadt [1997] ECR I-5577, paragraph 12), the concept of the supply of services effected for consideration within the meaning of Article 2(1) of the Sixth Directive requires the existence of a direct link between the service provided and the consideration received. | 13 IT SHOULD BE EMPHASIZED , FOR THE PURPOSE OF THE INTERPRETATION OF THE AFOREMENTIONED PROVISIONS , THAT THE SYSTEM OF EXPORT AND IMPORT LICENCES FORMS PART OF THE COMMUNITY SYSTEM OF AUTHORIZATION AND QUANTITATIVE LIMITATION OF IMPORTS INTO THE COMMUNITY OF TEXTILE PRODUCTS FROM CERTAIN NON-MEMBER COUNTRIES , PROVISIONALLY LAID DOWN BY COMMISSION REGULATION ( EEC ) NO 3019/77 OF 30 DECEMBER 1977 ( OFFICIAL JOURNAL , L 357 , P . 1 ) AND COUNCIL REGULATION ( EEC ) NO 265/78 OF 7 FEBRUARY 1978 ( OFFICIAL JOURNAL , L 42 , P . 1 ) AND DEFINITIVELY LAID DOWN BY COUNCIL REGULATION ( EEC ) NO 3059/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL , L 365 , P . 1 ) REPLACED ON 23 DECEMBER 1982 BY COUNCIL REGULATION ( EEC ) NO 3589/82 ( OFFICIAL JOURNAL , L 374 , P . 106 ).
| 0 |
5,491 | 34. In that regard, it is clear form Article 52(1) TFEU that restrictions on the freedom of establishment may be justified by the general objective of the protection of public health (see, to that effect, Hartlauer , paragraph 46, and Apothekerkammer des Saarlandes and Others , paragraph 27). | 39
Thus, in the present case, the precautionary measures permitted under national legislation at issue in the main proceedings must not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, to that effect, judgment of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraphs 24 and 53 and the case-law cited). | 0 |
5,492 | 38. It is also settled case-law that a benefit may be regarded as a social security benefit in so far as it is granted to the recipients, without any individual and discretionary assessment of personal needs, on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, inter alia, Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case 122/84 Scrivner and Cole [1985] ECR 1027, paragraphs 19 to 21; Case C‑356/89 Newton [1991] ECR I‑3017; and Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 15). | 23. It must be recalled that, according to settled case-law, while direct taxation falls within the competence of the Member States, they must none the less exercise that competence consistently with European Union law (see, inter alia, Case C‑72/09 Établissements Rimbaud [2010] ECR I‑0000, paragraph 23 and the case-law cited). | 0 |
5,493 | 86. In the main actions, the disputes do not concern the actual cover provided by the Netherlands sickness insurance scheme for the medical and hospital treatment with which Ms Müller-Fauré and Ms Van Riet were provided. In those actions, what is disputed is whether it was a medical necessity for them to have the treatment at issue in Germany and Belgium respectively, rather than in the Netherlands. In that regard, in paragraphs 99 to 107 of Smits and Peerbooms , the Court also ruled on that condition concerning the necessity of the proposed treatment, to which the grant of authorisation is subject. | 37 So long as the Community legislature has not adopted general rules on the right of public access to documents held by the Community institutions, the institutions must take measures as to the processing of such requests by virtue of their power of internal organization, which authorizes them to take appropriate measures in order to ensure their internal operation in conformity with the interests of good administration. | 0 |
5,494 | 109. The Commission’s suggestion of multiplying a basic amount by a coefficient of 21.1 based on the gross domestic product of the French Republic and on the number of votes which it has in the Council is an appropriate way of reflecting that Member State’s ability to pay, while keeping the variation between Member States within a reasonable range (see Case C-387/97 Commission v Greece , paragraph 88, and Case C-278/01 Commission v Spain , paragraph 59). | 76 Furthermore, the appellant's argument that the Court of First Instance was in breach of a duty of investigation incumbent upon it must be rejected, since it is common ground that it adopted measures of organisation of procedure to facilitate the taking of evidence and to clarify the arguments of the parties, in accordance with Article 64(2) of its Rules of Procedure. | 0 |
5,495 | 27. This is so because the second paragraph of Article 7 of Decision No 1/80 is not designed to create conditions conducive to family unity in the host Member State ( Akman , paragraph 43), but to promote access of children of Turkish workers to the employment market. | 58. En effet, il ressort de la jurisprudence que l’obligation de récupération imposée par une décision de la Commission concernant un régime d’aides individualise suffisamment tous les bénéficiaires du régime en question en ce qu’ils sont exposés, dès le moment de l’adoption de cette décision, au risque que les avantages qu’ils ont perçus soient récupérés, et se trouvent ainsi affectés dans leur situation juridique. En particulier, l’éventualité que, ultérieurement, les avantages déclarés illégaux ne soient pas récupérés auprès de leurs bénéficiaires n’exclut pas que ceux-ci soient considérés comme individuellement concernés (arrêt Comitato «Venezia vuole vivere» e.a./Commission, précité, point 56). | 0 |
5,496 | 169
In this context, the Council and the Commission are under an obligation to consider whether the injury on which they intend to base their conclusions does in fact derive from the dumped imports and must disregard any injury deriving from other factors, particularly from the conduct of Union producers themselves. To that end, it is for those institutions to ascertain whether the effects of those other factors were not such as to break the causal link between, on the one hand, the imports concerned and, on the other, the injury suffered by the Union industry. It is also for them to verify that the injury attributable to those other factors is not taken into account in the determination of injury. However, if the Council and the Commission find that, despite such factors, the injury caused by the dumped imports is material, the causal link between those imports and the injury suffered by the Union industry can consequently be established (see, to this effect, judgments in Transnational Company ‘Kazchrome’ and ENRC Marketing v Council, C‑10/12 P, EU:C:2013:865, paragraphs 23 to 25, and TMK Europe, C‑143/14, EU:C:2015:236, paragraphs 35 to 37). | 21. As is clear from, inter alia, the report of January 2001 by the Institut français de recherche pour l’exploitation de la mer (hereinafter ‘Ifremer’), entitled ‘Eutrophication of marine and brackish waters in Europe and, in particular, in France’ (hereinafter ‘the Ifremer report of 2001’) and the report of April 2000 by Environmental Resources Management (hereinafter ‘ERM’), entitled ‘Criteria used for the definition of eutrophication in fresh and marine/coastal waters’, produced by the Commission, the equilibrium of an aquatic ecosystem is the result of complex interactions among the different species present and with the environment. Any proliferation of a particular species of algae or other plant therefore constitutes, as such, a disturbance of the balance of the aquatic ecosystem and, accordingly, of the balance of the organisms present in the water, even when other species remain stable. Moreover, given the competition between plant species for nutrient salts and luminous energy, the proliferation of one or several species, by monopolising the resources necessary to the growth of other algae and aquatic plants, very often if not always entails reductions in other species. | 0 |
5,497 | 67. In the circumstances, while it is true that, in accordance with the settled case-law of the Court recalled by the Commission, mere administrative practices, by their nature alterable at will by the authorities, cannot, in the context of national legislation incompatible with European Union law, be regarded as constituting proper fulfilment of Treaty obligations (see Case C‑197/96 Commission v France [1997] ECR I‑1489, paragraph 14; Case C‑358/98 Commission v Italy [2000] ECR I‑1255, paragraph 17; and Case C‑33/03 Commission v United Kingdom [2005] ECR I‑1865, paragraph 25), the fact nevertheless remains that, in the circumstances of this case, the lack of any evidence of administrative practices contrary to European Union law bears out the finding that the French legislation, in particular Article R. 332‑3 of the Social Security Code, does not give rise to a situation that deprives persons insured under the French system of the rights conferred by Article 49 EC, as interpreted in Vanbraekel and Others . | 90 In any event, the limitations and conditions which are referred to in Article 18 EC and laid down by Directive 90/364 are based on the idea that the exercise of the right of residence of citizens of the Union can be subordinated to the legitimate interests of the Member States. In that regard, according to the fourth recital in the preamble to Directive 90/364 beneficiaries of the right of residence must not become an `unreasonable' burden on the public finances of the host Member State. | 0 |
5,498 | 27 It is also clear from all the foregoing considerations that, contrary to the Court's ruling in Case C-400/95 Larsson v Føtex Supermarked [1997] ECR I-2757, paragraph 23), where a woman is absent owing to illness resulting from pregnancy or childbirth, and that illness arose during pregnancy and persisted during and after maternity leave, her absence not only during maternity leave but also during the period extending from the start of her pregnancy to the start of her maternity leave cannot be taken into account for computation of the period justifying her dismissal under national law. As to her absence after maternity leave, this may be taken into account under the same conditions as a man's absence, of the same duration, through incapacity for work. | 46 In a situation such as that in the main proceedings, in which the capital of the companies receiving the payments is almost entirely held by a single company and, in addition, as is clear from the order for reference, that company not only gives the instructions that those payments are to be made, but can freely decide the amount thereof which each of its subsidiaries is to receive, and even that it should be the sole recipient, that company is to be regarded as being, from an economic point of view, the real recipient of those payments. | 0 |
5,499 | 114. In exercising its discretion, it is for the Court to set the penalty payment so that it is both appropriate to the circumstances and proportionate to the infringement established and the ability to pay of the Member State concerned (see Case C‑278/01 Commission v Spain [2003] ECR I‑14141, paragraph 41; Case C‑304/02 Commission v France , paragraph 103, and Case C‑177/04 Commission v France , paragraph 61). | 33. As is clear from Article 59(1) of the Customs Code, European Union customs law establishes the principle whereby all goods intended to be placed under a customs procedure must be covered by a declaration. | 0 |
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