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It should be remembered in that regard that, according to settled case-law, national provisions that merely lay down the conditions governing the establishment or provisions of services by undertakings, such as provisions making the exercise of a business activity subject to prior authorisation do not constitute technical regulations within the meaning of Article 1(11) of Directive 98/34 (see, to that effect, inter alia, judgments of 4 February 2016, Ince, C‑336/14, EU:C:2016:72, paragraph 76, and 1 February 2017, Município de Palmela, C‑144/16, EU:C:2017:76, paragraph 26). | 54. First of all, it is clear that, under the derogation provided for in Article 3(3) of Regulation No 2988/95, Member States retain wide discretion in fixing longer limitation periods which they intend to apply in cases involving an irregularity that is detrimental to the European Union’s financial interests. | 0 |
5,501 | 39. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them ( Wilson , paragraphs 50 and 51). | 18. Accordingly, if questions have been improperly formulated or go beyond the scope of the powers conferred on the Court by Article 267 TFEU, the Court is free to extract from all the factors provided by the national court and, in particular, from the statement of grounds in the order for reference, the elements of EU law requiring an interpretation having regard to the subject-matter of the dispute (see, to that effect, inter alia, Case 83/78 Pigs Marketing Board v Redmond [1978] ECR 2347, paragraph 26; Case C‑105/96 Codiesel [1997] ECR I‑3465, paragraph 13; and Case C‑536/03 Antόnio Jorge [2005] ECR I‑4463, paragraph 16). | 0 |
5,502 | 45
Since the situation at issue in the main proceedings is not, therefore, governed by EU law, the provisions of the Charter, in particular, Articles 4 and 18 thereof, referred to in the questions of the referring court, do not apply to it (see, to that effect, inter alia, judgments of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 19, and of 27 March 2014, Torralbo Marcos, C‑265/13, EU:C:2014:187, paragraph 29 and the case-law cited). | 62. The Commission observes that the appellant’s argument that the Court of First Instance assumed the existence of motives unfavourable to SGL Carbon is irrelevant. When setting fines, the Commission has a wide discretion without being bound by a precise mathematical formula. | 0 |
5,503 | 114 It cannot be contended that such an obligation is not expressly laid down in the relevant regulations. The Court has consistently held that it is apparent from Article 8(1) of Regulation No 729/70 that Member States are under a general obligation to take the measures necessary to satisfy themselves that the transactions financed by the EAGGF are actually carried out and are executed correctly, even if the specific Community act does not expressly provide for the adoption of particular supervisory measures (see Case C-8/88 Germany v Commission, cited above, paragraphs 16 and 17, and Case C-2/93 Exportslachterijen van Oordegem v Belgische Dienst voor Bedrijfsleven en Landbouw [1994] ECR I-2283, paragraphs 16 to 18). | 63. Since the reverse charge procedure was indisputably applicable to the cases in the main proceedings, the principle of fiscal neutrality requires deduction of input tax to be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements (see, by way of analogy, Case C‑146/05 Collée [2007] ECR I‑7861, paragraph 31). | 0 |
5,504 | 53. With regard to the first type of objective, it is clear from the case-law that although restrictions on the number of operators are in principle capable of being justified, those restrictions must in any event reflect a concern to bring about a genuine diminution of gambling opportunities and to limit activities in that sector in a consistent and systematic manner (see, to that effect, Zenatti , paragraphs 35 and 36, and Gambelli and Others , paragraphs 62 and 67). | 31. Articles 15 and 16 of Directive 2002/21, which are expressly addressed to the NRAs, constitute the legal basis for the 2002 Guidelines. Those provisions serve as a guide for the NRAs for the purposes of defining and analysing the relevant markets in order to determine whether those markets must be made subject to ex ante regulation. According to point 1 thereof, the 2002 Guidelines 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 those 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 (Case C‑424/07 Commission v Germany [2009] ECR I‑11431, paragraphs 75 and 76). | 0 |
5,505 | 56. On the assumption that such limitations are not however transposed into national law, the national court called upon to interpret that law is required to do so, as far as possible, in the light of the wording and the purpose of that directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 288 TFEU (see, inter alia, the judgments in von Colson and Kamann , 14/83, EU:C:1984:153, paragraph 26, and Marleasing , C‑106/89, EU:C:1990:395, paragraph 8). | 19 The Commission' s second submission must therefore be upheld .
The third submission | 0 |
5,506 | 22. According to settled case-law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions and are, on that basis, prohibited by Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C-108/09 Ker-Optika [2010] ECR I-12213, paragraph 47). Thus, the mere fact that an importer might be dissuaded from introducing or marketing the products in question in the Member State concerned constitutes a restriction on the free movement of goods for the importer (Case C-171/11 Fra.bo [2012] ECR, paragraph 22 and the case-law cited). | 61. Il convient de rappeler que, selon une jurisprudence constante, un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt dont l’annulation est demandée ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande (voir, notamment, arrêt Ezz e.a./Conseil, C‑220/14 P, EU:C:2015:147, point 111 et jurisprudence citée). | 0 |
5,507 | In that judgment, the Court, taking into account the case-law according to which, when the amount of the fine is determined, the application of different methods of calculation cannot result in discrimination between the undertakings which have participated in the same infringement of Article 101 TFEU (judgment of 19 July 2012, Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others, C‑628/10 P and C‑14/11 P, EU:C:2012:479, paragraph 58), reduced the fine imposed on a participant in an infringement, in order to take account of the fact that the Commission, by incorrectly applying the method it had chosen to determine the amount of the fine, had imposed on another participant in the same cartel a fine which reduced the relative size of that participant’s contribution to the infringement (judgment of 12 November 2014, Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraphs 70 to 80). | 25 It must be observed, however, that according to the first recital of the preamble to Directive 79/7/EEC and Article 1 thereof, the directive has in view only the progressive implementation of the principle of equal treatment for men and women in matters of social security. As far as the social protection of mothers remaining at home is concerned, it follows from Article 7(1)(b) of Directive 79/7/EEC that the acquisition of entitlement to benefits following periods of interruption of employment due to the upbringing of children is still a matter for the Member States to regulate. | 0 |
5,508 | 51. S’agissant des raisons d’ordre social invoquées par la République de Pologne qui, selon cette dernière, permettraient l’application d’un taux réduit de TVA aux livraisons de biens utilisés pour les soins de santé même si ces biens ne relèvent pas de l’annexe III de la directive 2006/112, il suffit de constater que des considérations de nature sociopolitique ne sauraient justifier qu’un État membre enfreigne les dispositions de l’article 98, paragraphe 2, de cette directive (voir, en ce sens, arrêt Commission/Pologne, C‑639/13, EU:C:2014:2468, point 25). | 25. Cette constatation ne saurait être infirmée par l’argumentation de la République de Pologne relative à l’importance de la mission de lutte contre les incendies et aux difficultés liées au financement de celle-ci dès lors que des arguments de nature sociopolitique ne sauraient justifier qu’un État membre enfreigne les dispositions de l’article 98, paragraphe 2, de la directive 2006/112. | 1 |
5,509 | 45 It is true, as the Commission has quite rightly observed, that, where general legislation requires implementing measures, the latter can be found to be invalid in relation to the same principles where a breach of fundamental rights is directly attributable to such measures (see, in particular, Case C-68/95 T. Port, paragraphs 39 and 40). | 33. Or, s’agissant de produits de construction non couverts par l’article 4, paragraphe 2, de la directive 89/106, l’article 6, paragraphe 2, de celle-ci dispose que les États membres autorisent leur mise sur le marché sur leur territoire si ces produits satisfont à des dispositions nationales conformes au traité, et ce jusqu’à ce que les spécifications techniques européennes en disposent autrement. | 0 |
5,510 | 23
The Court has held that EU law does not require that, in order to be classified as an economic operator qualifying for tendering, a person wishing to enter into a contract with a contracting authority must be capable of direct performance using his own resources (see, to that effect, judgment of 23 December 2009 in CoNISMa, C‑305/08, EU:C:2009:807, paragraph 41). | 27. In the first place, it is appropriate to establish whether Sotacarbo constitutes an undertaking for the purpose of that provision. | 0 |
5,511 | 31. The Court has held that the application of the provisions of OUG No 50/2008, regardless of the version of that legislation, had the effect that imported second-hand vehicles of considerable age and wear were subject to a tax which could approach 30% of their market value, while similar vehicles offered for sale on the domestic second-hand vehicle market, which constituted similar domestic products within the meaning of Article 110 TFEU, were not burdened by such a tax charge. The Court concluded that such a measure discouraged the placing in circulation in that Member State of second-hand vehicles purchased in other Member States without discouraging buyers from purchasing second-hand vehicles of the same age and condition on the domestic market (see, to that effect, judgments in Tatu , EU:C:2011:219, paragraphs 55, 58 and 61, and Nisipeanu , EU:C:2011:466, paragraphs 26, 27 and 29). | 84. The Court has repeatedly held that the right to rely on the principle of the protection of legitimate expectations extends to any person in a situation where a Community institution has caused him to entertain expectations which are justified by precise assurances provided to him. However, if a prudent and alert economic operator could have foreseen the adoption of a Community measure likely to affect his interests, he cannot plead that principle if the measure is adopted (see, to that effect, Belgium and Forum 187 v Commission , paragraph 147 and the case‑law cited). | 0 |
5,512 | 69
Those principles and that obligation require, in particular, that the subject matter and the award criteria for the contract concerned are clearly determined from the beginning of the award procedure for that contract and that the conditions and detailed rules of the award procedure must be drawn up in a clear, precise and unequivocal manner in the contract notice or specifications so that, first, all reasonably informed tenderers exercising ordinary care can understand their exact significance and interpret them in the same way and, second, the contracting authority is able to ascertain whether the bids submitted satisfy the criteria applying to the contract in question (see, to that effect, judgments of 10 May 2012, Commission v Netherlands, C‑368/10, EU:C:2012:284, paragraphs 56, 88 and 109; of 6 November 2014, Cartiera dell’Adda, C‑42/13, EU:C:2014:2345, paragraph 44; and of 14 July 2016, TNS Dimarso, C‑6/15, EU:C:2016:555, paragraph 23). The obligation of transparency also means that the subject matter and the award criteria must be adequately publicised by the contracting authorities (see, to that effect, judgment of 24 January 2008, Lianakis and Others, C‑532/06, EU:C:2008:40, paragraph 40). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,513 | 61
The conditions for granting that derived right of residence must not be stricter than those provided for by Directive 2004/38 for the grant of a derived right of residence to a third-country national who is a family member of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than that of which he is a national. Even though Directive 2004/38 does not cover a situation such as that mentioned in the preceding paragraph of this judgment, it must be applied, by analogy, to that situation (see, by analogy, judgments of 12 March 2014, O. and B., C‑456/12, EU:C:2014:135, paragraphs 50 and 61, and of 10 May 2017, Chavez-Vilchez and Others, C‑133/15, EU:C:2017:354, paragraphs 54 and 55). | 51. In those circumstances, the first part of the first plea in law, alleging different treatment of comparable situations, must be rejected.
The second part of the first plea in law, alleging that different situations have been treated in the same way | 0 |
5,514 | 51
In those circumstances, the Court must hold that the national legislation at issue in the main proceedings, by requiring the liquidation of the company, is liable to impede, if not prevent, the cross-border conversion of a company. It therefore constitutes a restriction on freedom of establishment (see, to that effect, judgment of 16 December 2008Cartesio, C‑210/06, EU:C:2008:723, paragraphs 112 and 113). | 31. It follows from all those considerations that, where service is effected more than once in accordance with the Regulation, account must be taken of the service effected first. There is nothing in the Regulation to preclude the application of such an approach to the relationship between service through agencies and service by post. Accordingly, where service is effected by both those methods, in order to determine vis-à-vis the person on whom service is effected the point from which time starts to run for the purposes of a procedural time-limit linked to effecting service, reference must be made to the date of service by post, where that occurred first. | 0 |
5,515 | 36. It should be borne in mind in that regard that, according to the Court’s settled case-law, it is the acquisition of the goods by a taxable person acting as such that gives rise to the application of the VAT system and therefore of the deduction mechanism. The use to which the goods are put, or intended to be put, merely determines the extent of the initial deduction to which the taxable person is entitled under Article 17 of the Sixth Directive and the extent of any adjustments in the course of the following periods ( Lennartz , paragraph 15). By contrast, where a taxable person acquires goods solely for his private requirements, he is acting in a private capacity and not as a taxable person for the purposes of that directive (Case C‑20/91 de Jong [1992] ECR I‑2847, paragraph 17). | 14 First of all, it should be pointed out that, as the Court has consistently held (see, most recently, Case C-316/91 Parliament v Council [1994] ECR I-0000, paragraph 12), an action for annulment brought by the Parliament against an act of the Council or the Commission is admissible provided that the action seeks only to safeguard its prerogatives and that it is founded only on submissions alleging their infringement. | 0 |
5,516 | 74. Such overriding reasons recognised by the Court include: environmental protection (see, inter alia, Case C‑384/08 Attanasio Group [2010] ECR I‑0000, paragraph 50 and the case-law cited); town and country planning (see, by analogy, Case C‑567/07 Woningstichting Sint Servatius [2009] ECR I‑9021, paragraph 29 and the case-law cited); and consumer protection (see, inter alia, Case C‑260/04 Commission v Italy [2007] ECR I‑7083, paragraph 27 and the case-law cited). On the other hand, purely economic objectives cannot constitute an overriding reason in the public interest (see, to that effect, inter alia, Case C‑96/08 CIBA [2010] ECR I‑0000, paragraph 48 and the case-law cited). | 66. À cet effet, tout document officiel émis par les autorités de l’État membre concerné peut être considéré comme une source valable d’information aux fins de l’engagement par la Commission de la procédure visée à l’article 258 TFUE (voir, en ce sens, arrêt Commission/Italie, EU:C:2007:250, point 29). | 0 |
5,517 | 41. However, the error in law vitiating paragraphs 17 to 22 of the judgment under appeal is not such as to invalidate that judgment and, therefore, the arguments put forward by the applicant on this issue must be set aside as inoperative. The Court of First Instance’s rejection of the line of argument relating to the conditions required for the earlier mark to be regarded as having been put to genuine use has adequate legal basis in other grounds set out in that judgment (see, to that effect, Case C‑496/99 P Commission v CAS Succhi di Frutta [2004] ECR I‑3801, paragraph 68, and Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraphs 46 to 51). | 30. Toutefois, il est, sous certaines conditions, possible de statuer sur le fond d’un recours bien que la procédure en première instance fût limitée à une exception d’irrecevabilité à laquelle le Tribunal de première instance a fait droit. Tel peut être le cas lorsque, d’une part, l’annulation de l’arrêt ou de l’ordonnance attaqués implique nécessairement une certaine solution quant au fond du recours en cause (voir, en ce sens, arrêt du 25 mai 2000, Ca’ Pasta/Commission, C‑359/98 P, Rec. p. I‑3977, points 32 à 36 et 39) ou, d’autre part, l’examen au fond du recours en annulation repose sur des arguments échangés par les parties dans le cadre du pourvoi à la suite d’un raisonnement du juge de première instance (voir, en ce sens, arrêts du 11 janvier 2001, Gevaert/Commission, C‑389/98 P, Rec. p. I‑65, points 27 à 30, 34, 35 et 52 à 58, ainsi que Martínez del Peral Cagigal/Commission, C‑459/98 P, Rec. p. I‑135, points 29, 34 et 48 à 54). | 0 |
5,518 | 19 It should additionally be noted that, within the framework of the system of supervision provided for by Regulation No 729/70, the Commission exercises only a supplementary function. This is clearly expressed in the eighth recital in the preamble to that regulation, according to which, in addition to supervision carried out by Member States on their own initiative, which remains essential, provision should be made for verification by officials of the Commission and for it to have the right to enlist the help of the Member States (judgments in Case C-366/88 France v Commission [1990] ECR I-3571, paragraph 20, and C-55/91 Italy v Commission, cited above, paragraphs 31 and 32). | 35. In the case of the German civil service, the amount of pay for each grade and step is determined by the competent national courts and the European Union has no competence in that regard. On the other hand, the national rules governing the methods of allocating those grades and steps cannot be severed from the material scope of Directive 2000/78. | 0 |
5,519 | 56. The Court has held in particular that the creation of a grouping of municipalities and the taking over by the latter of certain competences of municipalities forming part of that grouping constitutes a rearrangement of the exercise of public powers and cannot therefore fall within Directive 77/187 (see Henke , paragraphs 16 and 17), while holding in other cases that the transfer of staff carrying out activities of an economic nature within a public administration falls within that directive (see, in particular, Hidalgo and Others , paragraph 24; Collino and Chiappero , paragraph 32). | 19 Those facts were not contested by the French Government . However, it pointed out that the Commission neither found over-capacity in the brewing sector nor indicated the borrowing undertaking' s share of exports to other Member States . However, aid to an undertaking may be such as to affect trade between the Member States and distort competition where that undertaking competes with products coming from other Member States, even if it does not itself export its products . Such a situation may exist even if there is no over-capacity in the sector at issue . Where a Member State grants aid to an undertaking, domestic production may for that reason be maintained or increased with the result that, in circumstances such as those found to exist by the Commission, undertakings established in other Member States have less chance of exporting their products to the market in that Member State . Such aid is therefore likely to affect trade between Member States and distort competition . | 0 |
5,520 | 21. As the Court has held on a number of occasions, an inaccurate declaration of the eligible area in the application for aid, as referred to in Article 9(2) of Regulation No 3887/92, constitutes an irregularity within the meaning of Article 1(2) of Regulation No 2988/95 and the withdrawal of the aid under the same provision of Regulation No 3887/92, in the light of the difference between the area declared and the area actually determined, constitutes an administrative penalty within the meaning of Article 2(2) of Regulation No 2988/95 (Case C-354/95 National Farmers’ Union and Others [1997] ECR I-4559, paragraphs 40 and 41; Case C‑304/00 Strawson and Gagg & Sons [2002] ECR I‑10737, paragraph 46; and Case C‑94/05 Emsland-Stärke [2006] ECR I-0000, paragraph 63; see also, by analogy, Case C‑295/02 Gerken [2004] ECR I-6369, paragraph 50). | 55
In so far as the price is, in principle, a determining factor in the consumer’s mind, when it must make a transactional decision, it must be considered necessary information to enable the consumer to make such a fully informed decision. | 0 |
5,521 | 22. À cet égard, il convient de relever qu’il ressort tant du onzième considérant de la directive 87/344 que de l’article 4, paragraphe 1, de celle-ci que l’intérêt de l’assuré en protection juridique implique que ce dernier ait la liberté de choisir lui-même son avocat ou toute autre personne ayant les qualifications admises par la loi nationale dans le cadre de toute procédure judiciaire ou administrative (arrêt Stark, précité, point 28). | 38
The right to deduct VAT is, however, subject to compliance with both substantive requirements or conditions and formal requirements or conditions. | 0 |
5,522 | 28. As regards, first, the principle of effectiveness, it should be recalled that every case in which the question arises whether a national procedural provision makes the exercise of rights arising under the EU legal order impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its progress and its special features, viewed as a whole, before the various national bodies. For those purposes account must be taken of the basic principles which lie at the basis of the domestic judicial system, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct procedure (see the judgments in Peterbroeck , C‑312/93, EU:C:1995:437, paragraph 14, and Fallimento Olimpiclub , EU:C:2009:506, paragraph 27). | 44. In that context, a product is ‘presented for treating or preventing disease’ within the meaning of Directive 2001/83 when it is expressly ‘indicated’ or ‘recommended’ as such, possibly by means of labels, leaflets or oral representation (see, to that effect, van Bennekom , paragraph 18, and Monteil and Samanni , paragraph 23). | 0 |
5,523 | 86. It should be added that no specific language rules apply to the institutions concerned by the contested competition notices (with regard to the language rules applicable to OHIM, see Case C‑361/01 P Kik v OHIM [2003] ECR I‑8283, paragraphs 81 to 97). | 42 The Court cannot accept the applicants' contentions that the sales of cheap brushes from China represented half of Blackspur's turnover and that the loss of this commercial outlet was the principal cause of the poor financial results which it recorded and which led to its liquidation | 0 |
5,524 | 55 For those reasons, it must be accepted that the imputability to the State of an aid measure taken by a public undertaking may be inferred from a set of indicators arising from the circumstances of the case and the context in which that measure was taken. In that respect, the Court has already taken into consideration the fact that the body in question could not take the contested decision without taking account of the requirements of the public authorities (see, in particular, Van der Kooy, paragraph 37) or the fact that, apart from factors of an organic nature which linked the public undertakings to the State, those undertakings, through the intermediary of which aid had been granted, had to take account of directives issued by a Comitato Interministeriale per la Programmazione Economica (CIPE) (Case C-303/88 Italy v Commission, cited above, paragraphs 11 and 12; Case C-305/89 Italy v Commission, cited above, paragraphs 13 and 14). | 56. The reply to the question referred for a preliminary ruling must therefore be that Articles 6(2)(a) and 13B(b) of the Sixth Directive must be interpreted as precluding national legislation which treats as an exempt supply of services, on the basis that it constitutes a leasing or letting of immovable property within the meaning of Article 13B(b), the private use by a taxable person of part of a building which is treated as forming, in its entirety, part of the assets of his business. | 0 |
5,525 | 104. As the Court has ruled on numerous occasions, registration of the liability relating to the repayment of the aid in question in the schedule of liabilities can meet the recovery obligation only if, where the State authorities are unable to recover the full amount of aid, the insolvency proceedings result in the winding up of the undertaking which received the unlawful aid, that is to say, in the definitive cessation of its activities (see, to that effect, Commission v Belgium , paragraphs 14 and 15; Commission v Poland , paragraphs 63 to 65; and Case C-454/09 Commission v Italy [2011] ECR, paragraph 36). | 112. In order for the storage by a referencing service provider to come within the scope of Article 14 of Directive 2000/31, it is further necessary that the conduct of that service provider should be limited to that of an ‘intermediary service provider’ within the meaning intended by the legislature in the context of Section 4 of that directive. | 0 |
5,526 | 19. In order to reply to that question, it should be noted that the provisions of Directive 2003/96 concerning exemptions must receive an autonomous interpretation, based on their wording and on the objectives pursued by that directive (see, to that effect, Case C‑389/02 Deutsche See-Bestattungs-Genossenschaft [2004] ECR I‑3537, paragraph 19; Case C‑391/05 Jan De Nul [2007] ECR I‑1793, paragraph 22; and Case C‑505/10 Sea Fighter [2011] ECR I‑0000, paragraph 14). | 95
The instant cases can therefore be distinguished from the case that gave rise to the judgment of 12 November 2014, Guardian Industries and Guardian Europe v Commission (C‑580/12 P, EU:C:2014:2363). By that judgment the Court reduced the amount of the fine imposed on a participant in an infringement in order to take into account the fact that, by erroneously applying the method that it had chosen to determine the amount of the fine, the Commission had imposed on another participant in the same cartel a fine that reduced the relative weight in the infringement of that other participant (judgment of 12 November 2014, Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraphs 70 to 80). | 0 |
5,527 | 59. In that judgment the Court, first, pointed out that such legislation leads to a situation in which the workers concerned may be offered fixed-term contracts which may be renewed an indefinite number of times until the age at which they may claim their entitlement to a retirement pension and are thus in danger, during a substantial part of their working life, of being excluded from the benefit of stable employment which constitutes, according to the Court, a major element in the protection of workers (see Mangold , paragraph 64). Secondly, it held that in so far as such legislation takes the age of the worker concerned as the only criterion for the application of a fixed-term contract of employment, when it has not been shown that fixing an age threshold, as such, regardless of any other consideration linked to the structure of the labour market in question or the personal situation of the person concerned, is objectively necessary to the attainment of the objective which is the vocational integration of unemployed older workers, it must be considered to go beyond what is appropriate and necessary in order to attain the objective pursued ( Mangold , paragraph 65). | 88. Toutefois, cette exigence ne saurait aller jusqu’à imposer, en toute hypothèse, une coïncidence parfaite entre l’énoncé des griefs figurant dans le dispositif de l’avis motivé et les conclusions de la requête, dès lors que l’objet du litige, tel que défini dans l’avis motivé, n’a pas été étendu ou modifié (arrêt du 8 juillet 2010, Commission/Portugal, précité, point 26). La Commission peut notamment préciser ses griefs initiaux dans sa requête, à la condition cependant qu’elle ne modifie pas l’objet du litige (arrêt du 11 juillet 2013, Commission/Pays‑Bas, C‑576/10, point 35). | 0 |
5,528 | 20. It should be noted, first, that Article 13(2) of Regulation No 2100/94 provides that the authorisation of the holder of the plant variety right is required, in respect of variety constituents or harvested material of the protected variety, inter alia, for production or reproduction (multiplication). In that context, Article 14(1) of that regulation establishes a derogation from that rule, insofar as use of the product of the harvest obtained by farmers, on their own holding, for propagating purposes in the field is not conditional upon authorisation by the holder of the right where they fulfil certain conditions expressly set out in Article 14(3) of that regulation (see judgment in Geistbeck , C‑509/10, EU:C:2012:416, paragraphs 21 and 22). | 28. However, to require — as the consolidated laws do — that a person applying to take part in a recruitment competition provide evidence of his linguistic knowledge exclusively by means of one particular type of certificate, issued only by one particular Belgian body tasked with conducting language examinations in Belgium for that purpose, appears, in view of the requirements of the freedom of movement for workers, disproportionate to the aim pursued. | 0 |
5,529 | 25 According to its preamble, the Brussels Convention is intended to strengthen in the Community the legal protection of persons established therein, by laying down common rules on jurisdiction to guarantee certainty as to the allocation of jurisdiction among the various national courts before which proceedings in a particular case may be brought (see, to that effect, Custom Made Commercial, cited above, paragraph 15). | 67. In that regard, it should be borne in mind that, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not go beyond what is necessary in order to achieve those objectives (see, to that effect, judgment in Association Kokopelli , C‑59/11, EU:C:2012:447, paragraph 38 and the case-law cited). | 0 |
5,530 | 45
It follows from the case-law of the Court that that principle applies not only to producers and consumers, but also to other categories of economic operators who are subject to a common organisation of a market, such as those who market fresh poultrymeat or other types of fresh meat (see, to that effect, judgment of 5 October 1994 in Germany v Council, C‑280/93, EU:C:1994:367, paragraph 68). | 49 Furthermore, although, in the context of Article 234 of the Treaty, the Member States have a choice as to the appropriate steps to be taken, they are nevertheless under an obligation to eliminate any incompatibilities existing between a pre-Community convention and the EC Treaty. If a Member State encounters difficulties which make adjustment of an agreement impossible, an obligation to denounce that agreement cannot therefore be excluded. | 0 |
5,531 | 75. In the first place, they infringe the requirements of Article 38 of the Rules of Procedure. According to that article, parties are required to state the subject-matter of the proceedings in their originating application. Even though Article 42 of the Rules of Procedure allows new pleas in law to be introduced in certain circumstances, a party may not alter the actual subject-matter of the action in the course of the proceedings (see Case 232/78 Commission v France [1979] ECR 2729, paragraph 3, and Case 125/78 GEMA v Commission [1979] ECR 3173, paragraph 26). New claims put forward for the first time at the hearing could not be allowed without depriving defendants of an opportunity to prepare a response and thereby breaching the rights of the defence. | 6 ( 2 ) THE DEFENDANT CONTENDS THAT IN ANY EVENT AN AUTHORIZATION GRANTED TO THE FEDERAL REPUBLIC IS NOT OF DIRECT CONCERN TO THE APPLICANT SINCE THE FEDERAL REPUBLIC REMAINED FREE TO MAKE USE OF IT . | 0 |
5,532 | 34. The third paragraph of Article 249 EC expressly provides that Member States may choose the form and methods for implementing directives which best ensures the result to be achieved by the directives. It follows from that provision that the implementation in domestic law of a directive does not necessarily require legislative action in each Member State. Thus, the Court has repeatedly held that it is not always necessary formally to enact the requirements of a directive in a specific express legal provision, since the general legal context may be sufficient for implementation of a directive, depending on its content. In particular, the existence of general principles of constitutional or administrative law may render superfluous transposition by specific legislative or regulatory measures provided, however, that those principles actually ensure the full application of the directive by the national authorities and that, where the relevant provision of the directive seeks to create rights for individuals, the legal situation arising from those principles is sufficiently precise and clear and that the persons concerned are put in a position to know the full extent of their rights and, where appropriate, to be able to rely on them before the national courts (see, inter alia, Case 29/84 Commission v Germany [1985] ECR 1661, paragraphs 22 and 23; Case C‑217/97 Commission v Germany [1999] ECR I‑5087, paragraphs 31 and 32; and Case C‑233/00 Commission v France , paragraph 76). | 79. In such a situation, where there are continuous or repeated infringements, it is possible that the limitation period expires even before the infringement is brought to an end, in which case it would be impossible for any individual who has suffered harm after the expiry of the limitation period to bring an action. | 0 |
5,533 | 69. In that connection, it must be observed that Regulation No 44/2001 merely regulates the procedure for obtaining an order for the enforcement of foreign enforceable instruments and does not deal with execution itself, which continues to be governed by the domestic law of the court in which enforcement is sought (see Case 148/84 Deutsche Genossenschaftsbank [1985] ECR 1981, paragraph 18; Case 119/84 Capelloni and Aquilini [1985] ECR 3147, paragraph 16, and Hoffmann , paragraph 27), unless, for the purposes of the enforcement of a judgment, the application of the procedural rules of the Member State in which enforcement is sought may impair the effectiveness of the scheme laid down by the regulation as regards enforcement orders, by frustrating the principles laid down in that regard, whether expressly or by implication, by the regulation itself (see, to that effect, Capelloni and Aquilini , paragraph 21; Hoffmann , paragraph 29, and Case C‑365/88 Hagen [1990] ECR I-1845, paragraph 20). | 28 Territorially, the condition is fulfilled when, in the terms of Article 5(2) of the Directive, the trade mark has a reputation `in the Member State'. In the absence of any definition of the Community provision in this respect, a trade mark cannot be required to have a reputation `throughout' the territory of the Member State. It is sufficient for it to exist in a substantial part of it. | 0 |
5,534 | 43. In those circumstances, there is nothing in the present case to warrant a derogation from the principle that a ruling on the interpretation of Union law takes effect from the date on which the rule interpreted came into force (see Joined Cases C‑197/94 and C‑252/94 Bautiaa and Société Française Maritime [1996] ECR I‑505, paragraph 49 and the case-law cited). | 40 As regards the argument of the Italian Republic that the obligation to repay the aid should not be borne by Finmeccanica, which had transferred the undertaking to an economic agent in the private sector, it is sufficient to note that Finmeccanica, as the holding company to which Alfa Romeo belonged at the material time, must be regarded as the recipient of the contested aid. As such, it is therefore required to repay that aid. | 0 |
5,535 | 51. In that connection, the Court has already held that a measure which would be just as effective whilst being less restrictive than a work licensing mechanism, prior checks or a confirmation of posting, would be an obligation imposed on an employer established in another Member State to report beforehand to the local authorities on the presence of one or more deployed workers, the anticipated duration of their presence and the provision or provisions of services justifying the deployment. Such an obligation would enable those authorities to monitor compliance with the social welfare and wages legislation of the host Member State during the deployment while at the same time taking account of the obligations by which the employer is already bound under the social welfare legislation applicable in the Member State of origin (see Commission v Luxembourg , paragraph 31; Commission v Germany , paragraph 45, and Commission v Austria , paragraph 52). | 33 Although Article 4(1) of Directive 79/7 has the recognized effect of excluding the application of an incompatible national provision, it does not restrict the power of national courts to apply such procedures of domestic law as will safeguard the individual rights conferred by Community law. | 0 |
5,536 | 54. As regards the question whether those articles create individual rights capable of being invoked by the service provider as grounds of defence in the context of a civil action for defamation, it should be noted that, with regard to proceedings between individuals, such as those at issue in the main proceedings, the Court has consistently held that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual (see, inter alia, the judgments in Marshall , 152/84, EU:C:1986:84, paragraph 48, and Faccini Dori , C‑91/92, EU:C:1994:292, paragraph 20), without prejudice, however, to possible actions for damages capable of being brought against the State for harm caused as a result of infringements of EU law by that State (see, inter alia, the judgment in Francovich and Others , C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 35). | 30. En ce qui concerne, en second lieu, la détermination de la juridiction compétente pour connaître d’un litige fondé sur un contrat de concession au sens précisé ci‑dessus, il convient de rappeler, à titre liminaire, que les notions employées par le règlement doivent, en principe, être interprétées de façon autonome, en se référant principalement au système et aux objectifs de celui-ci, en vue d’en assurer l’application uniforme dans tous les États membres (voir, notamment, arrêt du 14 mars 2013, Česká spořitelna, C‑419/11, point 25). | 0 |
5,537 | 43. It must be added that the Court of Justice, in paragraphs 274 to 276 of the judgment in Limburgse Vinyl Maatschappij and Others v Commission , observed that since the judgment in Orkem v Commission there have been further developments in the case‑law of the European Court of Human Rights which the Community judicature must take into account when interpreting the fundamental rights. The Court of Justice stated however in that regard that those developments were not such as to put in question the statements of principle in Orkem v Commission . | 274 The parties agree that, since Orkem, there have been further developments in the case-law of the European Court of Human Rights which the Community judicature must take into account when interpreting the fundamental rights, as introduced by the judgment in Funke, cited above, on which the appellants rely, and the judgments of 17 December 1996 in Saunders v United Kingdom (Reports of Judgments and Decisions 1996-VI, p. 2044) and of 3 May 2001 in J.B. v Switzerland (not yet published in the Reports of Judgments and Decisions). | 1 |
5,538 | 41. As regards the subsidies which had already been paid when they were notified to the Commission and the legitimate expectation invoked by the German Government, it must be noted, first, that in view of the mandatory nature of the review of State aid by the Commission under Article 88 EC, undertakings to which aid has been granted may not, in principle, entertain a legitimate expectation that the aid is lawful unless it has been granted in compliance with the procedure laid down in that article. A diligent businessman should normally be able to determine whether that procedure has been followed (Case C-24/95 Alcan Deutschland [1997] ECR I-1591, paragraph 25). | 66 All the other pleas advanced by the appellant having been rejected, the plea concerning costs must, by virtue of that provision, be rejected as inadmissible. | 0 |
5,539 | 40. As the Advocate General noted at point 29 of his Opinion, Articles 25 EC and 90 EC, which lay down respectively a prohibition on customs duties and charges having equivalent effect and on discriminatory internal taxation, complement each other in pursuing the objective of prohibiting any national fiscal measure that is liable to discriminate against products coming from or destined for other Member States by constituting a restriction on their free movement within the Community in normal conditions of competition (see, to that effect, Joined Cases C-393/04 and C-41/05 Air Liquide Industries Belgium [2006] ECR I-5293, paragraph 55, and Case C‑221/06 Stadtgemeinde Frohnleiten and Gemeindebetriebe Frohnleiten [2007] ECR I-0000, paragraph 30). | 5 FURTHER THE APPLICANT MAINTAINS THAT THERE ARE SEVERAL IRREGULARITIES IN THE APPOINTMENT OF MR ROGER WURTH .
ADMISSIBILITY | 0 |
5,540 | 68. That being so, the Member States must, when transposing the directives mentioned above, take care to rely on an interpretation of the directives which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order. Further, when implementing the measures transposing those directives, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with those directives but also make sure that they do not rely on an interpretation of them which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality (see, to that effect, Lindqvist , paragraph 87, and Case C‑305/05 Ordre des barreaux francophones et germanophone and Others [2007] ECR I‑0000, paragraph 28). | 81. Quant à l’argument tiré de prétendues difficultés excessives pour établir le montant exact de l’aide à récupérer, il convient de constater qu’il vise, en réalité, à remettre en cause l’appréciation des éléments de fait et ceux afférents à la preuve telle qu’opérée par le Tribunal. Or, conformément aux articles 256, paragraphe 1, TFUE et 58, premier alinéa, du statut de la Cour, le pourvoi est limité aux questions de droit. Le Tribunal est, dès lors, seul compétent pour constater et apprécier les faits pertinents ainsi que pour examiner les éléments de preuve, sous réserve du cas de la dénaturation manifeste de ces faits et de ces éléments de preuve (voir, notamment, arrêt du 13 juin 2013, Ryanair/Commission, C-287/12 P, point 78 et jurisprudence citée). | 0 |
5,541 | 50 The Court has repeatedly held that an interpretation it gives to a provision of Community law clarifies and defines its meaning and scope only as it should have been understood and applied from the time of its entry into force (see Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 42, and Case C-35/97 Commission v France [1998] ECR I-5325, paragraph 46). | 10 THAT RIGHT OF FIRST PLACING A PRODUCT ON THE MARKET ENABLES THE INVENTOR , BY ALLOWING HIM A MONOPOLY IN EXPLOITING HIS PRODUCT , TO OBTAIN THE REWARD FOR HIS CREATIVE EFFORT WITHOUT , HOWEVER , GUARANTEEING THAT HE WILL OBTAIN SUCH A REWARD IN ALL CIRCUMSTANCES .
| 0 |
5,542 | 80. It should also be borne in mind that the Court has previously held that a national measure by which the public authorities grant certain undertakings a tax exemption which, although it does not involve a transfer of State resources, places those to whom it applies in a more favourable financial position than other taxpayers constitutes State aid within the meaning of Article 107(1) TFEU (see Joined Cases C‑393/04 and C‑41/05 Air Liquide Industries Belgium [2006] ECR I‑5293, paragraph 30 and the case-law cited). | 13 The Court may of its own motion raise the objection that a party has no interest in bringing or in maintaining an appeal on the ground that an event subsequent to the judgment of the Court of First Instance removes the prejudicial effect thereof as regards the appellant, and declare the appeal inadmissible or devoid of purpose for that reason. For an applicant to have an interest in bringing proceedings the appeal must be likely, if successful, to procure an advantage to the party bringing it. | 0 |
5,543 | 63
As regards, in the second place, the need to ensure the effectiveness of fiscal supervision, it should be pointed out that movements between Member States and non-member States fall within a legal context different from that in force within the Union and that the framework for cooperation between the competent authorities of the Member States established by Directive 77/799, as amended by Council Directive 2006/98 of 20 November 2006 (OJ 2006 L 363, p. 129), in force at the material time in the main proceedings, and by Council Directive 2011/16/EU of 15 February 2011, on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ 2011 L 64, p. 1), does not exist between those authorities and the competent authorities of a non-member State where that State has not entered into any undertaking of mutual assistance (judgment of 10 February 2011, Haribo Lakritzen Hans Riegel and Österreichische Salinen, C‑436/08 and C‑437/08, EU:C:2011:61, paragraphs 65 and 66). | 27. S’agissant des notes explicatives du SH, il y a lieu d’ajouter que, en dépit du fait qu’elles n’ont pas de force contraignante, elles constituent des instruments importants aux fins d’assurer une application uniforme du tarif douanier commun et fournissent, en tant que telles, des éléments valables pour son interprétation (voir, en ce sens, arrêts Kloosterboer Services, C-173/08, EU:C:2009:382, point 25, et Agroferm, C-568/11, EU:C:2013:407, point 28). | 0 |
5,544 | 25. It is nevertheless necessary to ascertain, according to the actual wording of the provision, whether the means used to achieve those aims are ‘appropriate and necessary’. In the present case, it must be examined whether Paragraph 2a(2) of the Law on salaried employees enables the employment policy objectives pursued by the legislature to be attained without unduly prejudicing the legitimate interests of workers who, as a result of that provision, find themselves deprived of the severance allowance on the ground that they are entitled to a State retirement pension to which the employer has contributed (see, to that effect, judgment in Ingeniørforeningen i Danmark , EU:C:2010:600, paragraph 32). | 48. However, while it is true that, in consequence, the competent national authorities have a broad discretion in determining the manner in which a tax such as that at issue in the main proceedings is to be calculated, the fact remains that the tax so determined must not go beyond what is necessary in order to achieve the objective pursued (see, to that effect, the judgment in Futura Immobiliare and Others , EU:C:2009:479, paragraph 55). | 0 |
5,545 | 30. It is apparent from the wording of Article 5 of Directive 96/71 that the Member States have a wide margin of appreciation in determining the form and detailed rules governing the adequate procedures under the second paragraph of Article 5. In applying that wide margin of appreciation they must however at all times observe the fundamental freedoms guaranteed by the Treaty (Case C-390/99 Grand Satélite Digital [2002] ECR I-607, paragraphs 27 and 28 and Case C-71/02 Karner [2004] ECR I-0000, paragraphs 33 and 34) and, thus, in regard to the main proceedings, freedom to provide services. | 28. Since the identification of one of the connecting factors recognised by the case‑law set out in paragraph 25 of this judgment thus enables the court objectively best placed to determine whether the elements establishing the liability of the person sued are present to take jurisdiction, the relevant connecting factor must be situated within the jurisdiction of the court seised (see, to that effect, Case C-133/11 Folien Fischer and Fofitec [2012] ECR I-0000, paragraph 52). | 0 |
5,546 | 39. Since the argument concerning such a difference in treatment must be regarded as new, it cannot be examined at the stage of the appeal. In an appeal the jurisdiction of the Court of Justice is in principle confined to review of the findings of law on the pleas argued at first instance ( FLSmidth v Commission EU:C:2014:284, paragraph 42). Accordingly, both limbs of the second plea must be rejected. | 74. Next, those concepts are fully integrated into, and used in, the Member States’ respective legal systems. | 0 |
5,547 | 60. Secondly, as regards a procedure for preventing or mitigating economic double taxation by the grant of a tax advantage to the ultimate shareholder, it must be pointed out that it is usually the Member State in which the latter is resident that is best placed to determine the shareholder’s ability to pay tax (see, to that effect, Schumacker , paragraphs 32 and 33, and D. , paragraph 27). Likewise, in the case of shareholdings to which Directive 90/435 applies, Article 4(1) of that directive requires the Member State of the parent company which receives profits distributed by a subsidiary which is resident in another Member State, and not the latter State, to avoid a series of charges to tax, either by refraining from taxing such profits or by taxing such profits while authorising that parent company to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary which relates to those profits and, if appropriate, the amount of the withholding tax levied by the Member State in which the subsidiary is resident. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
5,548 | 43. In that regard, it should be borne in mind that while budgetary considerations may underlie a Member State’s choice of social policy and influence the nature or scope of the social protection measures which it wishes to adopt, they do not in themselves constitute an aim pursued by that policy (see, to that effect, Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraph 59, and Case C‑196/02 Nikoloudi [2005] ECR I‑1789, paragraph 53). Reasons of a purely economic nature cannot constitute overriding reasons in the public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty (see, by analogy, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 34 and the case-law cited, and Case C‑384/08 Attanasio Group [2010] ECR I‑2055, paragraph 55). | 27. Compte tenu de cet objectif, il y a lieu de rappeler que le caractère commercial d’une activité n’exclut pas, dans le contexte de l’article 132, paragraphe 1, sous i), de la directive TVA, qu’elle présente le caractère d’une activité d’intérêt général (voir arrêts du 3 avril 2003, Hoffmann, C‑144/00, Rec. p. I‑2921, point 38, ainsi que du 26 mai 2005, Kingscrest Associates et Montecello, C‑498/03, Rec. p. I‑4427, point 31). | 0 |
5,549 | 51
Thus, the Court held that the broadcast of protected works has a profit-making nature where the user is likely to obtain an economic benefit related to the attractiveness of, and, therefore, the greater number of people attending the establishment in which it makes those broadcasts (see, to that effect, judgment of 4 October 2011 in Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraphs 205 and 206). | 104. In other words, the finding of facts and the appraisal of evidence by the Court of First Instance constitute points of law subject to review by the Court of Justice on appeal where the substantive inaccuracy of the findings of the Court of First Instance is apparent from the documents submitted to it or the clear sense of the evidence has been distorted (see, to that effect, Case C‑119/97 P Ufex and Others v Commission [1999] ECR I-1341, paragraph 66). | 0 |
5,550 | 15. As the Court has held, the concept of ‘worker’ within the meaning of Article 39 EC has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for w hich he receives remuneration (see, in particular, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and Case C-138/02 Collins [2004] ECR I-0000, paragraph 26). | 19. Par conséquent, les dispositions concernant lesdites exonérations doivent recevoir une interprétation autonome, fondée sur leur libellé et sur les finalités poursuivies par la directive 2003/96 (arrêt du 1 er décembre 2011, Systeme Helmholz, C-79/10, non encore publié au Recueil, point 19). | 0 |
5,551 | 50. According to settled case-law, the interpretation which the Court, in the exercise of the jurisdiction conferred upon it by Article 234 EC, gives to a rule of Community law clarifies and where necessary defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the time of its coming into force. It follows that the rule as thus interpreted can, and must, be applied by the courts even to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing before the courts having jurisdiction an action relating to the application of that rule are satisfied (see, inter alia, Case 24/86 Blaizot [1988] ECR 379, paragraph 27, and Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 141). | 60 Those points in the Decision contain an adequate statement of reasons for the reductions in the fines. | 0 |
5,552 | 23 It should be borne in mind that Directive 76/768 provided exhaustively for the harmonisation of national rules on the packaging and labelling of cosmetic products (Case C-150/88 Parfümerie-Fabrik 4711 v Provide [1989] ECR 3891, paragraph 28, and Case C-315/92 Verband Sozialer Wettbewerb v Clinique Laboratories and Estée Lauder [1994] ECR I-317, paragraph 11). | 28 Since the directive has provided exhaustively for the harmonization of national rules on the packaging and labelling of cosmetic products, it is not necessary to give a ruling on the interpretation of Article 30 of the Treaty as requested by the national court . | 1 |
5,553 | 47. En effet, conformément aux articles 256, paragraphe 1, second alinéa, TFUE et 58, premier alinéa, du statut de la Cour, le pourvoi est limité aux questions de droit. Le Tribunal est, dès lors, seul compétent pour constater et apprécier les faits pertinents ainsi que pour apprécier les éléments de preuve (voir, en ce sens, arrêt du 18 juillet 2006, Rossi/OHMI, C-214/05 P, Rec. p. I-7057, point 26; ordonnances du 30 juin 2010, Royal Appliance International/OHMI, C-448/09 P, point 77, et du 15 décembre 2010, Goncharov/OHMI, C-156/10 P, point 38). | 76. En l’occurrence, ainsi qu’il a été constaté dans l’arrêt attaqué, les réunions du comité logistique de la FNAS, tenues entre entreprises concurrentes, dont Comap, et portant sur des éléments sensibles de la politique commerciale, notamment sur les prix, avaient un caractère anticoncurrentiel. Par conséquent, afin de renverser la présomption du caractère illicite de sa participation à ces réunions, Comap devrait apporter la preuve qu’elle s’est distancée publiquement du contenu de celles‑ci. | 0 |
5,554 | 45. In that regard it must be observed, first, that the purpose of the exemption, under Article 13B(d)(6) of the Sixth Directive, of transactions connected with the management of special investment funds is, particularly, to facilitate investment in securities by means of investment undertakings by excluding the cost of VAT. That provision is intended to ensure that the common system of VAT is fiscally neutral as regards the choice between direct investment in securities and investment through undertakings for collective investment ( Abbey National , paragraph 62). | 23
In that regard, it must be borne in mind that a procedural rule under which similar disputes are heard in different national courts, depending on whether those disputes involve EU law or national law, does not necessarily constitute a procedural rule which may be classified as unfavourable (see, by analogy, judgment of 12 February 2015, Baczó and Vizsnyiczai, C‑567/13, EU:C:2015:88, paragraph 46). | 0 |
5,555 | 58. On that point, it is clear from settled case-law that wherever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may, in the absence of implementing measures adopted within the prescribed period, be relied on against any national provision which is incompatible with the directive or in so far as they define rights which individuals are able to assert against the State (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 25; Case C-141/00 Kügler [2002] ECR I-6833, paragraph 51; Joined Cases C-465/00, C-138/01 and C-139/01 Österreichischer Rundfunk and Others [2003] ECR I-4989, paragraph 98; and Linneweber and Akritidis , paragraph 33). | 282. That upper limit thus has a distinct and autonomous objective by comparison with the criteria of gravity and duration of the infringement. | 0 |
5,556 | 18. It must be pointed out at the outset that neither the Statute of the Court of Justice nor its Rules of Procedure make provision for the parties to submit observations in response to the Advocate General’s Opinion. The Court has therefore held that applications to that effect must be rejected (see, in particular, the order in Case C‑17/98 Emesa Sugar [2000] ECR I-665, paragraphs 2 and 19). | 42. Accordingly, under Article 3(3) of Regulation No 2988/95, Member States can, first, continue to apply longer limitation periods which existed at the date when that regulation was adopted and, secondly, introduce new rules on limitation providing for such periods after that date. | 0 |
5,557 | 26. As regards the application of Article 82 EC to a rebate scheme, it should be recalled that, in prohibiting the abuse of a dominant market position in so far as trade between Member States could be affected, that article refers to conduct which is such as to influence the structure of a market where, as a result of the very presence of the undertaking in question, the degree of competition is already weakened and which has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition (see, to that effect, judgments in Nederlandsche Banden-Industrie-Michelin v Commission , 322/81, EU:C:1983:313, paragraph 70, and British Airw ays v Commission , C‑95/04 P, EU:C:2007:166, paragraph 66). | 11 SINCE THE COMMISSION ALONE IS ABLE CONTINUALLY TO FOLLOW WITH ATTENTION TRENDS ON THE AGRICULTURAL MARKETS AND TO ACT WITH URGENCY AS THE SITUATION REQUIRES, THE COUNCIL MAY BE LED IN THE SPHERE OF THE COMMON AGRICULTURAL POLICY, TO CONFER ON THE COMMISSION WIDE POWERS OF DISCRETION AND ACTION . | 0 |
5,558 | 32 It should be noted, as a preliminary point, that, having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the EC Treaty (now, after amendment, Article 2 EC) (see Case 36/74 Walrave v Union Cycliste Internationale [1974] ECR 1405, paragraph 4, and Case C-415/93 Union Royale Belge des Sociétés de Football Association and Others v Bosman and Others [1995] ECR I-4921, paragraph 73). The Court has also acknowledged that sport has considerable social importance in the Community (see Bosman, paragraph 106). | 31 Moreover, any technical difficulties which exist in determining the amount of consideration cannot by themselves justify the conclusion that no consideration exists. | 0 |
5,559 | 65. In that regard, it should be borne in mind that, in accordance with the Court’s settled case-law, for the purpose of categorising a national measure as State aid, it is necessary, not to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (the judgment in Libert and Others , C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 76 and case-law cited). | 10IT IS NOT DISPUTED THAT IN THE SITUATION IN WHICH THE DISPUTE AROSE AND ON THE BASIS OF THE PROVISIONS IN FORCE IN ITALY AT THE TIME , ITALIAN LEGISLATION , IN THAT IT DID NOT CONFER THE STATUS OF HEAD OF HOUSEHOLD UPON A MOTHER WHO WAS NEITHER SEPARATED FROM NOR ABANDONED BY HER HUSBAND , PRECLUDED THE RIGHT OF THE FORMER TO RECEIVE FAMILY ALLOWANCES FOR HER CHILDREN .
| 0 |
5,560 | 19. In numerous cases, the Court has defined the concept of the letting of immovable property within the meaning of Article 13B(b) of the Sixth Directive as essentially the conferring by a landlord on a tenant, for an agreed period and in return for payment, of the right to occupy property as if that person were the owner and to exclude any other person from enjoyment of such a right (see, to that effect, Goed Wonen , paragraph 55; Case C-409/98 Mirror Group [2001] ECR I-7175, paragraph 31; Case C-108/99 Cantor Fitzgerald International [2001] ECR I-7257, paragraph 21; Case C-269/00 Seeling [2003] ECR I-4101, paragraph 49; and Sinclair Collis , paragraph 25). | 37. Member States cannot, therefore, apply a measure relating to the residence of a Turkish national in their territory which is liable to impede the exercise of rights expressly granted by European Union law to such a national. | 0 |
5,561 | 117 Provided that the abovementioned provision is binding on the sectoral pension fund regarding the exercise of its power of exemption, it cannot be regarded as likely to lead the fund to abuse that power. In such circumstances, the fund merely checks that the conditions laid down by the competent minister are complied with (see, to that effect, Joined Cases C-46/90 and C-93/91 Lagauche and Others [1993] ECR I-5267, paragraph 49). | 56. L’application des critères établis sur le fondement de ladite marge d’appréciation doit certes être effectuée de manière transparente et doit pouvoir être contrôlée afin d’empêcher qu’un travailleur employé dans un programme qui ne relève pas des catégories énumérées à la clause 2, point 2, de l’accord-cadre soit privé de la protection que cet accord-cadre vise à lui assurer (voir, en ce sens, arrêt du 8 septembre 2011, Rosado Santana, C‑177/10, non encore publié au Recueil, point 77). | 0 |
5,562 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 27
In the context of that cooperation, it is solely for the national court hearing the case, which must assume responsibility for the subsequent judicial decision, to determine, with regard to the particular aspects of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it refers to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (see judgment of 6 September 2016, Petruhhin , C‑182/15, EU:C:2016:630, paragraph 19 and the case-law cited). | 0 |
5,563 | 30. In accordance with settled case-law, legislation which is such as to restrict a fundamental freedom guaranteed by the Treaty can be justified in the light of EU law only if it is based on objective considerations of public interest independent of the nationality of the persons concerned and if it is proportionate to the legitimate objective pursued by the provisions of national law (see De Cuyper , paragraph 40; Tas-Hagen and Tas , paragraph 33; and Morgan and Bucher , paragraph 33). It follows from the case-law of the Court that a measure is proportionate if, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain that objective ( De Cuyper , paragraph 42; Morgan and Bucher , paragraph 33; and Prinz and Seeberger , paragraph 33). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
5,564 | 28. In that context, it must be noted that Directive 95/46 is intended, as appears from, inter alia, recital 8 in the preamble thereto, to ensure that the level of protection of the rights and freedoms of individuals with regard to the processing of personal data is equivalent in all Member States. Recital 10 adds that the approximation of the national laws applicable in this area must not result in any lessening of the protection they afford but must, on the contrary, seek to ensure a high level of protection in the EU (see, to that effect, Lindqvist , paragraph 95, and Huber , paragraph 50). | 23 ACCOUNT MUST ALSO BE TAKEN OF THE UNCERTAINTY WHICH WOULD BE CREATED IF THE COURTS ALLOWED EXCEPTIONS TO BE MADE TO THE GENERAL RULE LAID DOWN IN ARTICLE 16 ( 1 ), WHICH HAS THE ADVANTAGE OF PROVIDING FOR A CLEAR AND CERTAIN ATTRIBUTION OF JURISDICTION COVERING ALL CIRCUMSTANCES , THUS FULFILLING THE PURPOSE OF THE CONVENTION , WHICH IS TO ASSIGN JURISDICTION IN A CERTAIN AND PREDICTABLE WAY .
| 0 |
5,565 | 73. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by th at provision on the permitted exceptions to the principle of freedom of establishment, so as to ensure that the effectiveness of the Treaty in the field of freedom of establishment is not frustrated by unilateral provisions of the Member States (see, to that effect, Reyners , paragraph 50; Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35). | 38. Il ne saurait être nié que l’objectif de garantir la sécurité de l’approvisionnement en énergie en cas de crise, sur le territoire de l’État membre en cause, peut constituer une raison de sécurité publique (voir arrêts du 4 juin 2002, Commission/France, C‑483/99, Rec. p. I‑4781, point 47, et Commission/Belgique, précité, point 46) et justifier, éventuellement, une entrave à la libre circulation des capitaux. | 0 |
5,566 | 69. The application of Community legislation cannot be extended to cover abusive practices by economic operators, that is to say transactions carried out not in the context of normal commercial operations, but solely for the purpose of wrongfully obtaining advantages provided for by Community law (see, to that effect, Case 125/76 Cremer [1977] ECR 1593, paragraph 21; Case C-8/92 General Milk Products [1993] ECR I-779, paragraph 21; and Emsland-Stärke , paragraph 51). | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C-103/00, Rec. p. I‑1147, point 23, et du 30 mai 2002, Commission/Italie, C-323/01, Rec. p. I‑4711, point 8). | 0 |
5,567 | 46. As to whether Decision 2011/346 contains a sufficient statement of reasons in relation to the condition that trade between Member States must be affected, referred to in Article 107(1) TFEU, it must be recalled that the Commission is not required to establish that a State measure has a real effect on trade between Member States and that competition is actually being distorted. The Commission is required only to establish that that measure is liable to have such effects (see, to that effect, judgments in Unicredito Italiano , C‑148/04, EU:C:2005:774, paragraph 54; Cassa di Risparmio di Firenze and Others , C‑222/04, EU:C:2006:8, paragraph 140; Libert and Others , C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 76; and Eventech , C‑518/13, EU:C:2015:9, paragraph 65). | 78. In such a situation, the information displayed on the packaging, labels and in advertising containing that claim or indication may mislead the consumer as to the sodium content of the mineral waters at issue in the main proceedings. | 0 |
5,568 | 41. The principle that offences and penalties must be defined by law cannot therefore be interpreted as precluding the gradual, case-by-case clarification of the rules on criminal liability by judicial interpretation, provided that the result was reasonably foreseeable at the time the offence was committed, especially in the light of the interpretation put on the provision in the case-law at the material time (see, to that effect, judgment in Dansk Rørindustri and Others v Commission , C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217 and 218). | 16 In those circumstances, loss of entitlement to the aid, which flows from non-compliance with that obligation, is not disproportionate in relation to the objective which the Community legislature has sought to attain . | 0 |
5,569 | 69. Thus, the protection envisaged by the Directive covers only the result of inventive scientific or technical work, and extends to biological data existing in their natural state in human beings only where necessary for the achievement and exploitation of a particular industrial application ( Netherlands v Parliament and Council , paragraph 75). | 50. The Court has repeatedly held that Articles 34 TFEU and Article 110 TFEU are mutually exclusive in their scope. It is settled case-law that the scope of Article 34 TFEU does not extend to the obstacles to trade covered by other specific provisions and that the obstacles of a fiscal nature referred to in Article 110 TFEU are not covered by the prohibition laid down in Article 34 TFEU (see, inter alia, judgment in Tatu , C‑402/09, EU:C:2011:219, paragraph 33). | 0 |
5,570 | 40 In this connection, it must be noted that the likelihood of confusion must be appreciated globally, taking into account all factors relevant to the circumstances of the case (SABEL, paragraph 22). A global assessment implies some interdependence between the relevant factors (Canon, paragraph 17). For example, a likelihood of confusion may be found, despite a lesser degree of similarity between the goods or services covered, where the marks are very similar and the earlier mark, in particular its reputation, is highly distinctive (Canon, paragraph 19). | 72. The primacy of international agreements concluded by the European Union over instruments of secondary law means that those instruments must as far as possible be interpreted in a manner that is consistent with those agreements (Joined Cases C‑320/11, C‑330/11, C‑382/11 and C‑383/11 Digitalnet and Others [2012] ECR, paragraph 39, and HK Danmark , paragraph 29). | 0 |
5,571 | 38 In that regard, although the system of property ownership continues to be a matter for each Member State under Article 222 of the Treaty, that provision does not have the effect of exempting such a system from the fundamental rules of the Treaty (see Case 182/83 Fearon v Irish Land Commission [1984] ECR 3677, paragraph 7). | 54. It must be borne in mind in this regard that, according to settled case-law, the necessity for uniform application and accordingly for uniform interpretation of a Community measure makes it impossible to consider one version of the text in isolation, but requires that it be interpreted on the basis of both the real intention of its author and the aim he seeks to achieve, in the light, in particular, of the versions in all languages (see, inter alia, Case 29/69 Stauder [1969] ECR 419, paragraph 3; Case 55/87 Moksel Import und Export [1988] ECR 3845, paragraph 15; Case C‑268/99 Jany and Others [2001] ECR I‑8615, paragraph 47; and Case C‑188/03 Junk [2005] ECR I‑885, paragraph 33). | 0 |
5,572 | 17. First of all, it must be noted, in the light of the concept of ‘sport’ contained in the national law, that it is the Court’s settled case-law that the exemptions referred to in that article constitute independent concepts of European Union law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see, in particular, Case C-349/96 CPP [1999] ECR I-973, paragraph 15; Case C-434/05 Horizon College [2007] ECR I-4793, paragraph 15; and Case C-253/07 Canterbury Hockey Club and Canterbury Ladies Hockey Club [2008] ECR I-7821, paragraph 16). | 15 It must be noted to begin with that it is settled case-law that the exemptions provided for by Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system from one Member State to another (see Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 11). | 1 |
5,573 | 59. Third, as regards the informed user’s level of attention, it should be noted that, although the informed user is not the well-informed and reasonably observant and circumspect average consumer who normally perceives a design as a whole and does not proceed to analyse its various details (see, by analogy, Case C‑342/97 Lloyd Schuhfabrik Meyer [1999] ECR I‑3819, paragraphs 25 and 26), he is also not an expert or specialist capable of observing in detail the minimal differences that may exist between the designs in conflict. Thus, the qualifier ‘informed’ suggests that, without being a designer or a technical expert, the user knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include, and, as a result of his interest in the products concerned, shows a relatively high degree of attention when he uses them. | 108 That interpretation is consistent with the purpose of the Directive which is to open up the contracts to which it applies to Community competition. That purpose would be undermined if a contracting entity could organise a tendering procedure in such a way that contractors from Member States other than that in which the contracts are awarded were discouraged from tendering. | 0 |
5,574 | 30. The national court raises numerous queries, essentially grouped together into three questions, some of which relate to the interpretation of national law. In this regard, it must be borne in mind that the Court has no power, within the framework of Article 267 TFEU, to give preliminary rulings on the interpretation of rules pertaining to national law. The jurisdiction of the Court is confined to considering provisions of EU law only (see, in particular, Case C‑222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I‑289, paragraph 63). | 47. Cependant, la Cour a également jugé que les exigences de la sécurité publique doivent, notamment en tant que dérogation au principe fondamental de la libre circulation des capitaux, être entendues strictement, de sorte que leur portée ne saurait être déterminée unilatéralement par chacun des États membres sans contrôle des institutions de la Communauté européenne. Ainsi, la sécurité publique ne saurait être invoquée qu’en cas de menace réelle et suffisamment grave, affectant un intérêt fondamental de la société (voir, notamment, arrêt du 14 mars 2000, Église de scientologie, C‑54/99, Rec. p. I‑1335, point 17). | 0 |
5,575 | 61. Given that Directive 76/308 does not set out the consequences where the notification is made in a language other than the official language of the Member State in which the requested authority is situated, it is for the national court to apply national law while taking care to ensure the full effectiveness of Community law, a task which may lead it to interpret a national rule which has been drawn up with only a purely domestic situation in mind in order to apply it to the cross-border situation at issue (see, to that effect, Case C‑443/03 Leffler [2005] ECR I‑9611, paragraph 51). | 17. As regards the term ‘supply of services’, it is clear from Article 6(1) of the Sixth Directive that it covers any transaction not constituting a supply of goods within the meaning of Article 5 of that directive. | 0 |
5,576 | 71. The applicant cannot require the Court to substitute its own assessment for that of the Court of First Instance in that regard. It is settled case-law that the effect of Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice is that an appeal lies on points of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts and evidence are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 41, and Rossi v OHIM , paragraph 26). | 42. If the taxable person were denied deduction of input VAT payable for subsequent taxable business uses, despite his initial wish to allocate the capital goods in their entirety to his business, with future transactions in mind, he would not be relieved entirely of the burden of the tax relating to the asset which he uses for the purposes of his economic activity and the taxation of his business activities would lead to double taxation contrary to the principle of fiscal neutrality inherent in the common system of VAT (see, to that effect, Puffer , paragraphs 45 and 46). | 0 |
5,577 | 30 The Court went on to infer, in paragraph 14 of that judgment, that whilst it has thus been recognised that the term `place where the harmful event occurred' within the meaning of Article 5(3) of the Convention may cover both the place where the damage occurred and the place of the event giving rise to it, that term cannot be construed so extensively as to encompass any place where the adverse consequences can be felt of an event which has already caused damage actually arising elsewhere. | 44 Although it is true that the Republic of Austria has, from 12 December 1995, amended the AAVB in the way indicated by the Commission and that, from 6 February 1996, it has applied the new version of the AAVB to all procedures already underway on that date, it is also established that it has done nothing in relation to the contract-awarding procedures conducted entirely under the version of the AAVB applying on 1 January 1995, so that any effects contrary to Community law produced by these procedures still subsisted on the date on which the period set in the reasoned opinion expired. | 0 |
5,578 | 72 As regards the concurrent application of an analytical correction and a flat-rate correction, it is settled case-law that additional expenditure resulting from national measures which are liable to compromise the equality of treatment of traders in the Community and thus to distort competitive conditions between the Member States cannot be financed by the EAGGF and must in any event be borne by the Member State concerned (see, in that connection, the judgment in United Kingdom v Commission, cited above, paragraph 12). | 12 IT IS ALSO ESTABLISHED ( SEE IN PARTICULAR THE JUDGMENTS CITED ABOVE ) THAT ADDITIONAL EXPENDITURE RESULTING FROM NATIONAL MEASURES WHICH ARE SUCH AS TO COMPROMISE THE EQUALITY OF TREATMENT OF TRADERS IN THE COMMUNITY AND THUS TO DISTORT COMPETITIVE CONDITIONS BETWEEN THE MEMBER STATES CANNOT BE FINANCED BY THE EAGGF BUT MUST IN ALL EVENTS BE BORNE BY THE MEMBER STATE CONCERNED . | 1 |
5,579 | 46. In that regard, firstly, for such a system to be compatible with the first paragraph of Article 90 EC, the criteria on which the fixed method of calculating the depreciation of vehicles is based must be made known to the public ( Tulliasiamies and Siilin , paragraph 87). | Constituent des restrictions à la libre prestation des services les mesures nationales qui interdisent, gênent ou rendent
moins attrayant l’exercice de cette liberté (voir, notamment, arrêts Jobra, C‑330/07, EU:C:2008:685, point 19; Tankreederei
I, C‑287/10, EU:C:2010:827, point 15, et X, C‑498/10, EU:C:2012:635, point 22). | 0 |
5,580 | 116. In that regard, it should be borne in mind that the Court has consistently held that, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is for the Commission to prove the allegation that the obligation has not been fulfilled. It is therefore the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumptions (see, inter alia, Commission v Austria , paragraph 62, and Commission v Germany , paragraph 66). | 26 However, the restriction on the free movement of capital resulting from that requirement could be eliminated without thereby detracting from the effective pursuit of the aims of those rules. | 0 |
5,581 | 38. The specific criteria identified by the Court to assess the classification of a retirement benefit as pay, within the meaning of Article 157 TFEU, in particular those according to which that benefit must depend directly on the period of service completed and its amount calculated by reference to the last salary (see Maruko , paragraph 48 and the case-law cited) are, for their part, irrelevant with regard to a benefit such as that at issue in the main proceedings, which seeks, not to provide the interested party with a deferred income after the cessation of the employment relationship, but to cover health expenses incurred during that relationship or after it. | 68. However, the requirement to ascertain whether the general presumption in question actually applies cannot be interpreted as meaning that the Commission must examine individually each document requested in the case. Such a requirement would deprive that general presumption of its proper effect, which is to permit the Commission to reply to a global request for access in a manner equally global. | 0 |
5,582 | 64
Article 11(3)(e) of Regulation No 883/2004 is intended not only to prevent the concurrent application of a number of national legislative systems to a given situation and the complications which may ensue, but also to ensure that persons covered by that regulation are not left without social security cover because there is no legislation which is applicable to them (see, in particular, judgment of 19 September 2013 in Brey, C‑140/12, EU:C:2013:565, paragraph 40 and the case-law cited). | 23
It is apparent from Article 3(u) of Directive 2003/87 that an installation that has produced electricity for sale to third parties and in which no activity listed in Annex I is carried out other than the combustion of fuels must be categorised as an ‘electricity generator’. | 0 |
5,583 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 7 IN THIS REGARD IT SHOULD BE RECALLED THAT THE NECESSITY TO HAVE REGARD TO THE RIGHTS OF THE DEFENCE IS A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH THE COMMISSION MUST OBSERVE IN ADMINISTRATIVE PROCEDURES WHICH MAY LEAD TO THE IMPOSITION OF PENALTIES UNDER THE RULES OF COMPETITION LAID DOWN IN THE TREATY . ITS OBSERVANCE REQUIRES INTER ALIA THAT THE UNDERTAKING CONCERNED MUST HAVE BEEN ENABLED TO EXPRESS ITS VIEWS EFFECTIVELY ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS ALLEGATION OF AN INFRINGEMENT .
| 1 |
5,584 | 32. Moreover, Article 174(1) EC provides that the European Union policy on the environment is to contribute to a number of objectives, one of which is the protection of human health. Article 174(3) EC provides that in preparing its policy on the environment, the European Union is obliged to take account of available scientific and technical data. That obligation applies, particularly, to the procedure under Article 95(3) EC, for which it is necessary that new data be taken into account (see, to that effect, Case C‑405/07 P Netherlands v Commission [2008] ECR I‑8301, paragraph 61). | 25 Accordingly, without its being necessary to examine the conditions under which that case-law should be applied to the judicial authorities of the Member States, it need merely be pointed out, first, that the interpretation given by the Corte Suprema di Cassazione related to a national provision which had been in force for several years when judgment was delivered in Ponente Carni and, second, that that provision is concerned not only with repayment of the charge at issue in that judgment but also with that of all registration charges levied by the Italian Government. It follows that the ratio in Barra and Deville, cited above, is to be distinguished from this case. | 0 |
5,585 | 13. According to the case-law of the Court of Justice, it is clear from the wording of Article 202(3) that the European Union legislature intended to give a broad definition of the persons capable of being regarded as debtors of the customs debt, in cases of unlawful introduction of goods subject to import duties (see Spedition Ulustrans , paragraph 25, and Papismedov and Others , paragraph 38). | 11 THE POSITION WOULD BE DIFFERENT ONLY IF THE CHARGE IN QUESTION IS THE CONSIDERATION FOR A BENEFIT PROVIDED IN FACT FOR THE EXPORTER REPRESENTING AN AMOUNT PROPORTIONATE TO THE SAID BENEFIT OR IF IT RELATED TO A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE .
| 0 |
5,586 | 17. Freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the same conditions as those laid down for its own nationals by the law of the Member State in which such establishment is effected, entails, in accordance with Article 48 EC, for companies formed pursuant to the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (see, inter alia, Case C‑307/97 Saint‑Gobain ZN [1999] ECR I‑6161, paragraph 35, and Marks & Spencer , paragraph 30). | 83. Par conséquent, sans qu’il soit besoin, en l’espèce, de se prononcer sur la question de la légalité de l’application de l’encadrement de 2001, faite par la Commission conformément au point 82 de celui-ci, au projet d’aide en faveur de Ferriere qui lui avait été notifié antérieurement à la publication de cet encadrement, il convient d’admettre que le Tribunal a correctement jugé, au point 80 de l’arrêt attaqué, que la Commission n’avait pas tiré du nouvel encadrement des principes et des critères d’appréciation qui auraient modifié son analyse de l’aide notifiée et que, dans ces circonstances spécifiques, une nouvelle consultation des intéressés, n’étant pas susceptible de changer le sens de la décision litigieuse, ne s’imposait pas. | 0 |
5,587 | 45. However, the Court has consistently held t hat a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual (see, inter alia, Case 152/84 Marshall [1986] ECR 723, paragraph 48; Case C-91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; Case C‑201/02 Wells [2004] ECR I‑723, paragraph 56; Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraph 108; and Case C‑555/07 Kücükdeveci [2010] ECR I‑0000, paragraph 46). | 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 |
5,588 | 22. The Court has held in that regard that the underlying reasons for the special scheme for travel agents and tour operators are equally valid where the trader is not a travel agent or tour operator within the normal meaning of those terms, but effects identical transactions in the context of another activity, such as that of hotelier. To interpret Article 26 of the Sixth Directive as applying solely to traders who are travel agents or tour operators within the normal meaning of those terms would mean that identical services would come under different provisions depending on the formal classification of the trader ( Madgett and Baldwin , paragraphs 20 and 21). | 21 To interpret Article 26 of the Sixth Directive as applying solely to traders who are travel agents or tour operators within the normal meaning of those terms would mean that identical services would come under different provisions depending on the formal classification of the trader. | 1 |
5,589 | 41 First of all, the Commission has not denied that the applicant is individually concerned. Having regard to the circumstances of the case, the Court considers that only the question whether the contested decision is of direct concern to the applicant need be examined. | 37. À cet égard, il appartient aux autorités nationales compétentes de démontrer, d’une part, que leur mesure est nécessaire pour réaliser un ou plusieurs objectifs mentionnés à l’article 30 CE ou des exigences impératives et, d’autre part, que ladite mesure est conforme au principe de proportionnalité (voir, en ce sens, arrêts précités ATRAL, point 67; Commission/Finlande, point 39, et Commission/Pays-Bas, point 76). | 0 |
5,590 | 42 Therefore, as the judgment in Bilka included no limitation of its effects in time, the direct effect of Article 119 may be relied on as from 8 April 1976, the date of the judgment in Defrenne II, in which that article was first held to have direct effect, in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme (Dietz, paragraph 21, and Magorrian and Cunningham, paragraph 30). | 15 A CET EGARD, IL CONVIENT DE RAPPELER, AINSI QUE LA COUR L' A SOULIGNE DANS SON ARRET DU 8 JUILLET 1987 ( COMMISSION/ITALIE, 262/85, REC . P . 3073 ), QUE, COMME L' INDIQUE LE TROISIEME CONSIDERANT DE LA DIRECTIVE, LA PROTECTION DES ESPECES MIGRATRICES REVET LE CARACTERE D' UN PROBLEME D' ENVIRONNEMENT TYPIQUEMENT TRANSFRONTALIER QUI IMPLIQUE DES RESPONSABILITES COMMUNES DES ETATS MEMBRES . EN EFFET, L' IMPORTANCE D' UNE PROTECTION COMPLETE ET EFFICACE DES OISEAUX SAUVAGES A L' INTERIEUR DE TOUTE LA COMMUNAUTE, QUEL QUE SOIT LEUR LIEU DE SEJOUR OU ESPACE DE PASSAGE, REND INCOMPATIBLE AVEC LA DIRECTIVE TOUTE LEGISLATION NATIONALE QUI DETERMINE LA PROTECTION DES OISEAUX SAUVAGES EN FONCTION DE LA NOTION DU PATRIMOINE NATIONAL . | 0 |
5,591 | 75. The Court has consistently held that Article 1(2) of Directive 91/439 provides for mutual recognition, without any formality, of driving licences issued by Member States. That provision imposes on Member States a clear and precise obligation, which leaves no room for discretion as to the measures to be adopted in order to comply with it (see, to that effect, Awoyemi , paragraphs 41 and 42; Case C‑246/00 Commission v Netherlands [2003] ECR I‑7485, paragraphs 60 and 61; Kapper , paragraph 45; Wiedemann and Funk , paragraph 50; Zerche and Others , paragraph 47; and Weber , paragraph 26; order in Case C‑227/05 Halbritter [2006] ECR I‑49, paragraph 25; order in Case C‑340/05 Kremer [2006] ECR I‑98, paragraph 27). | À ce sujet, la Cour a jugé qu’une dégradation de l’environnement est inhérente à la présence de déchets dans une décharge et que la nature des déchets en cause importe peu (arrêts du 10 juin 2010, Commission/Portugal, C‑37/09, non publié, EU:C:2010:331, point 37, et du 11 décembre 2014, Commission/Grèce, C‑677/13, non publié, EU:C:2014:2433, point 79). | 0 |
5,592 | 31. It should be pointed out that in Case C-262/99 Louloudakis [2001] ECR I‑5547 (in particular, paragraphs 20 to 25), the Court referred to the Greek legislation which permits the temporary importation, exempt from customs duties and other taxes, of means of transport for private use. That legislation is set out in paragraphs 11 to 16 of this judgment. It is apparent, inter alia, from that legislation that it defines the concept of ‘normal residence’ in terms substantially identical to those of Article 7(1) of the Directive; that the exemption is granted, as provided for in the Directive, for six months in a 12-month period; and that that legislation reproduces – either verbatim or in substantially identical terms – the provisions of Article 7(2) and (3) of the Directive, relating to proof of normal residence. | 50. In that connection, it must be observed that, by disallowing any review of a foreign judgment as to its substance, Articles 36 and 45(2) of Regulation No 44/2001 prohibit the court of the State in which enforcement is sought from refusing to recognise or enforce that judgment solely on the ground that there is a discrepancy between the legal rule applied by the court of the State of origin and that which would have been applied by the court of the State in which enforcement is sought had it been seised of the dispute. Similarly, the court of the State in which enforcement is sought cannot review the correctness of the findings of law or fact made by the court of the State of origin (see, Krombach , paragraph 36; Renault , paragraph 29; and Apostolides , paragraph 58). | 0 |
5,593 | 80. In the present case, it must first be observed that a contribution to the protection of public health, which any individual may be called upon to make, in particular by assisting a person whose life or health are in danger, is not sufficient for there to be a connection with the exercise of official authority (see, to that effect, Case C‑114/97 Commission v Spain [1998] ECR I‑6717, paragraph 37, and Commission v Italy , paragraph 38). | 37 However, the exercise of that activity does not mean that security undertakings and security staff are vested with powers of constraint. Merely making a contribution to the maintenance of public security, which any individual may be called upon to do, does not constitute exercise of official authority. | 1 |
5,594 | 22 That principle in particular precludes treating similar goods, which are thus in competition with each other, differently for VAT purposes (see, to this effect, the eighth recital in the preamble to the First Directive and paragraphs 21 and 27 of the judgment in Case C-283/95 Fischer [1998] ECR I-3369). It follows that those products must be subject to a uniform rate. The principle of fiscal neutrality for that reason also includes the other two principles invoked by the Commission, namely the principles of VAT uniformity and of elimination of distortion in competition. | 41. The interpretation in paragraphs 36 to 38 of the present judgment is supported by the position of the rules on jurisdiction over consumer contracts, set out in Title II, Section 4, of the Brussels Convention, in the scheme of that convention. | 0 |
5,595 | 59. In such circumstances, acceptance of the proposition that a Member State may freely apply a different treatment solely by reason of the fact that an EU citizen’s first principal residence is situated in another Member State would deprive the rules relating to the freedom of movement for persons of all meaning (see, to that effect, Case 270/83 Commission v France, paragraph 18, Joined Cases C‑397/98 and C‑410/98 Metallgesellschaft and Others [2001] ECR I‑1727, paragraph 42; and Case C-418/07 Papillon [2008] ECR I-8947, paragraph 26). | À cet égard, il convient de rappeler que, selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être
appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé
et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 4 septembre 2014, Commission/Grèce,
C‑351/13, non publié, EU:C:2014:2150, point 20, et du 5 février 2015, Commission/Belgique, C‑317/14, EU:C:2015:63, point 34). | 0 |
5,596 | Les modalités procédurales relatives aux recours destinés à assurer la sauvegarde des droits que les justiciables tirent du
droit de l’Union ne doivent toutefois pas être moins favorables que celles concernant des recours similaires de droit interne
(principe d’équivalence) ni aménagées de manière à rendre impossible en pratique ou excessivement difficile l’exercice des
droits conférés par l’ordre juridique de l’Union (principe d’effectivité) (voir, notamment, arrêt du 6 octobre 2015, Târșia,
C‑69/14, EU:C:2015:662, point 27 et jurisprudence citée). | 19 Furthermore, the very wording of Article 54(3)(g) of the Treaty refers to the need to protect the interests of `others' generally, without distinguishing or excluding any categories falling within the ambit of that term. | 0 |
5,597 | 49. The Court has also held that an omission may render advertising misleading, in particular where, bearing in mind the consumers to whom it is addressed, the advertising seeks to conceal a fact which, had it been known, would have deterred a significant number of consumers from making a purchase ( Lidl Belgium , paragraph 80 and the case‑law cited). | 37 IT SHOULD BE REMEMBERED THAT , IN DETERMINING THEIR POLICY IN THIS AREA , THE COMPETENT COMMUNITY INSTITUTIONS ENJOY WIDE DISCRETIONARY POWERS REGARDING NOT ONLY ESTABLISHMENT OF THE FACTUAL BASIS OF THEIR ACTION BUT ALSO DEFINITION OF THE OBJECTIVES TO BE PURSUED , WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE TREATY , AND THE CHOICE OF THE APPROPRIATE MEANS OF ACTION .
| 0 |
5,598 | 41. The Court has furthermore made clear that for the purposes of applying the rules on competition the formal separation between two parties resulting from their separate legal personality is not conclusive, the decisive test being the unity of their conduct on the market (see, to that effect, Case 48/69 ICI v Commission [1972] ECR 619, paragraph 140). | 48. In the light of all the foregoing, the arguments put forward by the Italian Government and the Commission do not allow the result imposed expressly and without ambiguity by the wording of Article 1(2) of Decision No 67/94 to be called into question (see, by analogy, Case C‑220/03 ECB v Germany [2005] ECR I‑10595, paragraph 31). | 0 |
5,599 | 15 It is settled case-law that in interpreting a provision of Community law it is necessary to consider not only its wording but also, where appropriate, the context in which it occurs and the objects of the rules of which it is part (see, in particular, Case 292/82 Merck v Hauptzollamt Hamburg-Jonas [1983] ECR 3781, paragraph 12). | 56. It is apparent from the case‑law that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty. However, for an argument based on such reasoning to succeed, a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (Case C‑471/04 Keller Holding [2006] ECR I‑2107, paragraph 40, and Case C‑347/04 Rewe Zentralfinanz [2007] ECR I‑0000, paragraph 62 and the case‑law cited). | 0 |
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