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5,600 | 41 As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22, and Case C-226/91 Molenbroek [1992] ECR I-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek, cited above, paragraphs 13 and 19). | 46. That is also the case where a Member State refuses to take into account, for the purposes of entitlement to an early retirement pension under its own scheme, periods of employment under the Community pension scheme. | 0 |
5,601 | 44. As the Court has consistently held, the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (see SABEL , paragraph 23, and Lloyd Schuhfabrik Meyer , paragraph 25). Thus, in order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered (see SABEL , paragraph 23, and, in relation to a word mark, DKV v OHIM , paragraph 24). | 28. The Court has explained this concept of ‘redundancy’ by stating that it has a Community law meaning and has to be interpreted as including any termination of contract of employment not sought by the worker, and therefore without his consent (Case C-55/02 Commission v Portugal [2004] ECR I-9387, paragraphs 49 and 50). | 0 |
5,602 | 48. According to settled case-law, with the exception of cases in which a recovery decision has been annulled pursuant to Article 263 TFEU, the only defence available to a Member State in opposing an infringement action by the Commission under Article 108(2) TFEU is to plead that it was absolutely impossible for it to implement the decision of which it was an addressee (see to that effect, judgment in Commission v Germany , C‑527/12, EU:C:2014:2193, paragraph 48 and the case-law cited). | 62. Accordingly, since it classifies machines capable of performing printing, electronic scanning and reproduction operations under subheading 9009 12 00 by application of General Rules 1, 3(c) and 6, of Note 5(E) to Chapter 84 of the CN and of the wording of heading and subheading 9009 and 9009 12 00, on the ground that none of the functions corresponding to those operations can be regarded as a giving those machines their essential character, without, in principle, requiring all machines having those three functions to be classified as photocopiers, Regulation No 400/2006 is valid. | 0 |
5,603 | 19 It should be noted firstly that in the absence of harmonization of Community legislation in the field of customs offences, the Member States are competent to adopt such penalties as appear to them to be appropriate (see, inter alia, Case 50/76 Amsterdam Bulb v Produktschap voor Siergewassen [1977] ECR 137, paragraph 33, and Case 240/81 Einberger v Hauptzollamt Freiburg [1982] ECR 3699, paragraph 17). When making use of that competence they are, however, required to comply with Community law and its general principles, and consequently, with the principle of proportionality. | 21 NOTWITHSTANDING THE IMPORTANCE OF THE SUBJECT MATTER OF THIS PART OF THE DECISION, IT IS NEVERTHELESS CAPABLE OF BEING SEVERED, FOR THE TIME BEING, FROM THE OTHER PROVISIONS, AND A PARTIAL ANNULMENT IS THEREFORE POSSIBLE AND IS JUSTIFIED BY THE FACT THAT, TAKEN AS A WHOLE, THE DECISION IS FAVOURABLE TO THE INTERESTS OF THE UNDERTAKINGS CONCERNED . | 0 |
5,604 | 125. Next, as regards the scope of clause 8(3) of the Framework Agreement, it is apparent from the very wording of that clause that implementation of the agreement cannot provide the Member States with valid grounds for reducing the general level of protection for workers previously guaranteed in the domestic legal order in the sphere covered by that agreement ( Mangold , paragraph 50). | 32. Dans ces conditions, le grief émis à cet égard par SGL lors de l’audience devant le Tribunal ne saurait être considéré comme un simple développement du moyen tiré d’une détermination erronée du montant de base de l’amende. | 0 |
5,605 | A plea alleging that liability is incurred for a lawful act of the European Union must be rejected, and the Court does not
need to adjudicate on the possibility of liability being incurred on the part of the European Union for such acts, inasmuch
as the material and non-material damage alleged by the appellant are not unusual or special (see, to that effect, judgments
in Développement et Clemessy v Commission, 267/82, EU:C:1986:253, paragraph 33, and Sviluppo Italia Basilicata v Commission, C‑414/08 P, EU:C:2010:165, paragraph 141). | 72. In addition, since the structure of competition on the market has already been weakened by the presence of the dominant undertaking, any further weakening of the structure of competition may constitute an abuse of a dominant position (judgment in Hoffmann-La Roche v Commission , 85/76, EU:C:1979:36, paragraph 123). | 0 |
5,606 | 37. The Court has thus stated, first, that the fact that a substance or object undergoes one of the disposal or recovery operations listed, respectively, in Annexes II A and II B to the directive does not, by itself, mean that a substance or object involved in such an operation is to be classified as waste (see, to that effect, inter alia, Niselli , paragraphs 36 and 37); and, secondly, that the concept of waste does not exclude substances and objects which are capable of economic re-use (see, to that effect, inter alia, Joined Cases C‑304/94, C‑330/94, C‑342/94 and C‑224/95 Tombesi and Others [1997] ECR I‑3561, paragraphs 47 and 48). The system of supervision and control established by the directive is intended to cover all objects and substances discarded by their owners, even if they have a commercial value and are collected on a commercial basis for recycling, recovery or re-use (see, inter alia, Palin Granit , paragraph 29). | 36. By defining the action of ‘discarding’ a substance or an object solely by reference to the putting in train of a disposal or recovery operation mentioned in Annexes II A and II B to Directive 75/442, that construction makes the characterisation as ‘waste’ depend on an operation which cannot itself be described as disposal or recovery unless it applies to ‘waste’. Consequently, that construction does not clarify the meaning of ‘waste’. | 1 |
5,607 | 28. Consequently, where goods or services acquired by a taxable person are used for purposes of transactions that are exempt or do not fall within the scope of VAT, no output tax can be collected or input tax deducted (see Case C‑184/04 Uudenkaupungin kaupunki [2006] ECR I‑3039, paragraph 24, and Case C‑72/05 Wollny [2006] ECR I‑8297, paragraph 20). | 49 In an E 101 certificate, the competent institution of the Member State in which an undertaking providing temporary personnel is established declares that its own social security system will remain applicable to posted workers for the duration of their posting. By virtue of the principle that workers must be covered by only one social security system, the certificate, in comprising this declaration, necessarily implies that the other Member State's social security system cannot apply. | 0 |
5,608 | 88
It is settled case-law that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 267 TFEU, the Court gives to a provision of EU law clarifies and defines the meaning and scope of that provision as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the provision as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the courts having jurisdiction are satisfied (judgments of 15 March 2005, Bidar, C‑209/03, EU:C:2005:169, paragraph 66 and the case-law cited, and of 22 September 2016, Microsoft Mobile Sales International and Others, C‑110/15, EU:C:2016:717, paragraph 59 and the case-law cited). | 65. The requirement that operators active in the betting and gaming sector, as well as their premises, be subject to ex ante controls as well as to ongoing supervision clearly contributes to the objective of preventing the involvement of those operators in criminal or fraudulent activities and appears to be a measure that is entirely commensurate with that objective. | 0 |
5,609 | 33
The Court has thus accepted that, given the practical difficulties which might arise when implementing such financing, Member States were free to finance that fair compensation by means of a levy imposed, prior to the making of private copies, on persons who have reproduction equipment, devices and media and make them available to natural persons (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 46; 16 June 2011 in Stichting de Thuiskopie, C‑462/09, EU:C:2011:397, paragraph 27; 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraph 24; and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 46). | 51 THE APPLICANT HAS NOT ALLEGED THAT THIS RESULTED IN THE MINUTES CONTAINING SUBSTANTIAL INACCURACIES OR OMISSIONS WITH REGARD TO IT . | 0 |
5,610 | 30. It is true that, in accordance with Articles 167 and 63 of Directive 2006/112, the right to deduct VAT invoiced is linked, as a general rule, to the actual performance of a taxable transaction (see Case C-536/03 António Jorge [2005] ECR I-4463, paragraphs 24 and 25) and the exercise of that right does not extend to VAT which is payable, under Article 203 of the directive, solely because it is entered on the invoice (see, inter alia, Case C-342/87 Genius [1989] ECR 4227, paragraphs 13 and 19, and Case C-35/05 Reemtsma Cigarettenfabriken [2007] ECR I-2425, paragraph 23). | 61. As the common organisations of the markets in agricultural products are therefore not a competition-free zone, it must be pointed out that, in accordance with settled case-law, Community competition law and national competition law apply in parallel, since they consider restrictive practices from different points of view. Whereas Articles 81 and 82 EC regard them in the light of the obstacles which may result from trade between Member States, national law proceeds on the basis of the considerations peculiar to it and considers restrictive practices only in that context (see, inter alia , Wilhelm and Others , paragraph 3, and Joined Cases 253/78 and 1/79 to 3/79 Giry and Guerlain and Others [1980] ECR 2327, paragraph 15). | 0 |
5,611 | 92. The principle of effective judicial protection is a general principle of European Union law to which expression is now given by Article 47 of the Charter (see Case C‑279/09 DEB [2010] ECR I‑0000, paragraphs 30 and 31; order in Case C‑457/09 Chartry [2011] ECR I‑0000, paragraph 25; and Case C‑69/10 Samba Diouf [2011] ECR I‑0000, paragraph 49). | 30. As regards fundamental rights, it is important, since the entry into force of the Lisbon Treaty, to take account of the Charter, which has ‘the same legal value as the Treaties’ pursuant to the first subparagraph of Article 6(1) TEU. Article 51(1) of the Charter states that the provisions thereof are addressed to the Member States when they are implementing EU law. | 1 |
5,612 | 23 As is clear from the three indents of Article 6(1), those rights themselves vary and are subject to conditions which differ according to the duration of legal employment in the relevant Member State (Eroglu, paragraph 12). | 48
Identifying the elements of a matter which must be categorised as essential must be based on objective factors amenable to judicial review, and requires account to be taken of the characteristics and particular features of the field concerned (judgment of 10 September 2015 in Parliament v Council, C‑363/14, EU:C:2015:579, paragraph 47). | 0 |
5,613 | 80. According to the case-law of the Court of Justice, it is only if anti-competitive conduct is required of undertakings by national legislation, or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, that Articles 81 EC and 82 EC do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings. Articles 81 EC and 82 EC may apply, however, if it is found that the national legislation leaves open the possibility of competition which may be prevented, restricted or distorted by the autonomous conduct of undertakings (Joined Cases C‑359/95 P and C‑379/95 P Commission and France v Ladbroke Racing [1997] ECR I‑6265, paragraphs 33 and 34 and the case-law cited). | 26. Il convient de relever d’emblée que des données, telles que celles qui, selon la juridiction de renvoi, sont collectées par les détectives privés dans l’affaire en cause au principal, portent sur des personnes agissant comme agents immobiliers et concernent des personnes physiques identifiées ou identifiables. Elles constituent, par conséquent, des données à caractère personnel, au sens de l’article 2, sous a), de la directive 95/46. Leur collecte, leur conservation et leur transmission par un organisme réglementé tel que l’IPI ou par les détectives privés agissant pour leur compte présentent, dès lors, le caractère d’un «traitement de données à caractère personnel», au sens de l’article 2, sous b), de la directive 95/46 (voir arrêt du 16 décembre 2008, Huber, C‑524/06, Rec. p. I‑9705, point 43). | 0 |
5,614 | 52
Under Article 12 of the Association Agreement, the parties thereto have, in accordance with the exclusively economic aim which forms the basis of the EEC-Turkey Association, agreed to be guided by the provisions of primary EU law on the freedom of movement for workers, so that the principles accepted in the context of those provisions must be extended, so far as possible, to Turkish nationals who enjoy rights under that Association Agreement (see, to that effect, judgment in Ziebell, C‑371/08, EU:C:2011:809, paragraphs 58 and 65 to 68). | 46. In that respect, the referring court will be able to take into account, in particular, the fact that the applicant in the main proceedings has a teaching diploma and that the psychotherapy treatments which she carried out during the relevant tax years took place within a statutory framework, under the control of the Public Health Inspectorate and in accordance with conditions set out in specific legislation, respect of which is attested to by entry in a register provided for that purpose, these circumstances being such as to ensure that she had, for the exercise of her activities, the required professional qualifications. | 0 |
5,615 | 22. In that connection, the Court has already held that, according to Article 11(2) of Directive 2002/46, in the absence of specific European Union rules laid down in that directive, national rules may be applied without prejudice to the provisions of the Treaty (see Case C-319/05 Commission v Germany [2007] ECR I-9811, paragraph 84). | 23 Section 10(2) of the TGVG 1993, which exempts only Austrian nationals from having to obtain authorisation before acquiring a plot of land which is built on and thus from having to demonstrate, to that end, that the planned acquisition will not be used to establish a secondary residence, creates a discriminatory restriction against nationals of other Member States in respect of capital movements between Member States. | 0 |
5,616 | 16 The expression aid, for the purposes of Article 92(1) of the Treaty, necessarily designates advantages granted directly or indirectly through State resources or constituting an additional charge for the State or for bodies designated or established by the State for that purpose (see, in particular, Joined Cases C-52/97 to C-54/97 Viscido and Others [1998] ECR I-2629, paragraph 13). | 62. Il y a lieu de relever, tout d’abord, d’une part, qu’il ressort de l’article 1 er de la directive 79/409 que celle-ci vise à la conservation de toutes les espèces d’oiseaux vivant naturellement à l’état sauvage sur le territoire européen des États membres et a pour objet la protection, la gestion et la régulation de ces espèces et, d’autre part, que la protection efficace des oiseaux est un problème d’environnement typiquement transfrontalier qui implique des responsabilités communes des États membres (arrêt du 12 juillet 2007, Commission/Autriche, C‑507/04, Rec. p. I‑5939, point 87 et jurisprudence citée). | 0 |
5,617 | 48. In that regard, it must be observed that Directive 83/189 is designed to protect, by means of preventive monitoring, the free movement of goods, which is one of the foundations of the Community (see, inter alia, Case C-226/97 Lemmens [1998] ECR I-3711, paragraph 32). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,618 | 62. The French Government's argument that no individual has ever lodged a complaint alleging incorrect application of the first subparagraph of Article 3(2) of Directive 90/313 must be rejected in the light of the Court's case-law, according to which failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, and the fact that such a failure had no adverse effects is irrelevant (see Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraphs 60 and 61, and Case C-333/99 Commission v France [2001] ECR I-1025, paragraph 37). It also follows that the argument that there has been no known case in practice in which the directive was infringed cannot be accepted (see Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 9). | 12 THAT CONCLUSION IS REINFORCED BY ARTICLE 34 OF THE EEC TREATY , WHICH PROHIBITS ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON EXPORTS . AS THE COURT HAS REPEATEDLY HELD , THE PROHIBITION CONCERNS ALL NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A SPECIAL ADVANTAGE FOR NATIONAL PRODUCTS OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION . CONSEQUENTLY , PROVISIONS WHICH CONTRAVENE THOSE RULES ARE ALSO CONTRARY TO ARTICLE 34 OF THE TREATY .
| 0 |
5,619 | 41. Consequently, a system of minimum retail selling prices for tobacco products cannot be regarded as compatible with Article 9(1) of Directive 95/59 unless it is structured in such a way as to ensure, in any event, that the competitive advantage which could result for some producers and importers of those products from lower cost prices is not impaired and, thus, competition is not distorted (see Case C‑197/08 Commission v France [2010] ECR I-0000, paragraph 38, and Case C‑198/08 Commission v Austria [2010] ECR I-0000, paragraph 30). | 38. Consequently, a system of minimum retail selling prices for tobacco products cannot be regarded as compatible with Article 9(1) of Directive 95/59 unless it is structured in such a way as to ensure, in any event, that the competitive advantage which could result for some producers and importers of those products from lower cost prices is not impaired and, thus, competition is not distorted (see judgments in Case C-198/08 Commission v Austria [2010] ECR I-0000, paragraph 30, and Case C-221/08 Commission v Ireland [2010] ECR I-0000, paragraph 41). | 1 |
5,620 | 54
In the third place, the definition of the term ‘necessary information’ must take account of the objective of Article 18 of the basic regulation. As the Advocate General observed in point 50 of his Opinion, it is for the Commission, as the investigating authority, to establish that the product concerned has been dumped, that there has been injury and that there is a causal link between the dumped imports and the injury. However, no provision in the basic regulation confers on the Commission any power to compel the interested parties to participate in the investigation or to provide information. The Commission is therefore reliant on the voluntary cooperation of those parties in supplying the necessary information (see, by analogy, judgment of 4 September 2014, Simon, Evers & Co., C‑21/13, EU:C:2014:2154, paragraphs 31 and 32). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
5,621 | 40
Accordingly, the Court has repeatedly held that the concept is an autonomous one of EU law, which has to be interpreted in the light of the context of the provisions referring to that concept and the objectives of Regulation No 2201/2003, in particular that which is apparent from recital 12 thereof, according to which the grounds of jurisdiction which it establishes are shaped in the light of the best interests of the child, in particular on the criterion of proximity (see judgments of 2 April 2009, A, C‑523/07, EU:C:2009:225, paragraphs 34 and 35, and of 22 December 2010, Mercredi, C‑497/10 PPU, EU:C:2010:829, paragraphs 44 to 46). | 42. The fact remains that the seller’s financial interests are protected, on the one hand, by the two-year time-limit laid down in Article 5(1) of the Directive and, on the other, by the fact that, under the second subparagraph of Article 3(3) of the Directive, it may refuse to replace the goods where that remedy would be disproportionate in that it would impose unreasonable costs on the seller. | 0 |
5,622 | 76. By repaying the aid, the recipient forfeits the advantage which it had enjoyed over its competitors on the market, and the situation prior to payment of the aid is restored (see Case C‑350/93 Commission v Italy [1995] ECR I‑699, paragraph 22). It also follows from that function of repayment of aid that, as a general rule, save in exceptional circumstances, the Commission will not exceed the bounds of its discretion, recognised by the case-law of the Court, if it asks the Member State to recover the sums granted by way of unlawful aid since it is only restoring the previous situation (see Case C‑75/97 Belgium v Commission [1999] ECR I‑3671, paragraph 66, and Case C‑310/99 Italy v Commission [2002] ECR I‑2289, paragraph 99). | 27 It must therefore be held that by allowing the inclusion in the contract specification for tender for a public works contract of a clause stipulating that the asbestos cement pressure pipes must be certified as complying with Irish Standard 188:1975 in accordance with the Irish Standard Mark Licensing Scheme of the Institute for Industrial Research and Standards, Ireland has failed to fulfil its obligations under Article 30 of the EEC Treaty .
The rejection of the tender providing for the use of the Spanish-made pipes | 0 |
5,623 | 81 On that point, it should be noted that Article 92 of the Treaty only applies to aid, granted by States or through State resources, which favours certain undertakings or the production of certain goods. In paragraph 23 of its judgment in CdF Chimie AZF v Commission, cited above, the Court found that tariff F is sectoral in nature since it applies to certain undertakings, namely Dutch ammonia producers. | 18
For want of any definition at all in Directive 2006/112 of the concept of ‘sport’, the meaning and scope of that term must, as the Court has consistently held, be determined by considering its usual meaning in everyday language, while also taking into account the context in which it is used and the purposes of the rules of which it is part (see, to that effect, judgments of 3 September 2014, Deckmyn and Vrijheidsfonds, C‑201/13, EU:C:2014:2132, paragraph 19 and the case-law cited, and of 26 May 2016, Envirotec Denmark, C‑550/14, EU:C:2016:354, paragraph 27). | 0 |
5,624 | 51. Although it is apparent, inter alia, from the fifth to seventh recitals in the preamble to the First Directive that that directive sought to liberalise the rules regarding the movement of persons and motor vehicles between Member States with a view to the creation of an internal market, by abolishing the checks on green cards which were carried out at the borders of Member States, it pursued equally the objective of protecting victims (see, to that effect, Ruiz Bernáldez , EU:C:1996:143, paragraph 18). | 25. First, concerning fees where the standard rates are defined on the basis of the costs borne by the competent authorities over a given period of time, it should be noted that the amount of those costs is already taken into account when determining those rates. In addition, as the Court has already ruled, a standard fee by its very nature exceeds the actual cost of the measures which it is intended to finance in certain cases and is lower than that cost in other cases (Case C‑270/07 Commission v Germany [2009] ECR I‑1983, paragraph 32). | 0 |
5,625 | 51. Depending on the manner in which the remainder of a company’s capital is distributed, in particular if it is spread among a large number of shareholders, a holding of 25% may be sufficient to have control of a company or at least to exert a definite influence on the company’s decisions and determine its activities for the purposes of the case-law established in Baars set out in paragraph 47 of the present judgment (see, to this effect, Case C‑326/07 Commission v Italy , paragraph 38). The Greek legislation can therefore fall within the scope of Article 49 TFEU. | 61. It must be borne in mind that the Member States enjoy broad discretion in the definition of measures capable of achieving that aim (see, to that effect, Palacios de la Villa , paragraph 68). | 0 |
5,626 | 42. First, under Article 9 and Article 12(5)(a)(iii) of the CCC, a BTI may be revoked if one or more of the conditions laid down for its issue were not or are no longer fulfilled. It follows that, where the customs authorities take the view that their initial interpretation is wrong, as the result of an error of assessment or evolution in the thinking in relation to tariff classification, they are entitled to consider that one of the conditions laid down for the issue of a BTI is no longer fulfilled and to revoke that BTI with a view to amending the tariff classification of the goods concerned (see, to that effect, Joined Cases C-133/02 and C-134/02 Timmermans Transport and Hoogenboom Production [2004] ECR I-1125, paragraphs 21 to 25). | 53. In that regard, it is established case-law that, in proceedings for failure to fulfil obligations, it is for the Commission to prove the existence of the alleged infringement and to provide the Court with the information necessary for it to determine whether the infringement is made out, and the Commission may not rely on any presumption for that purpose (see, inter alia, Commission v Ireland , paragraph 39, and judgment of 22 September 2011 in Case C‑90/10 Commission v Spain , paragraph 25). | 0 |
5,627 | 48. Moreover, the Court has consistently held that, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law but the Member States, however, are responsible for ensuring that those rights are effectively protected in each case (Case C‑268/06 Impact [2008] ECR I‑2483, paragraphs 44 and 45 and the case-law cited therein). | 40. The application of a penalty of invalidity of an unfair term with regard to all consumers who have concluded a consumer contract to which the same GBC apply ensures that those consumers will not be bound by that term, but does not exclude the application of other types of adequate and effective penalties provided for by national legislation. | 0 |
5,628 | 47. Lastly, the opinion of the Customs Code Committee referred to in the observations submitted to the Court cannot prevent the classification of the sandal at issue in the main proceedings under CN heading 6403. It is settled case-law, as far as concerns the Committee’s conclusions, that, although they constitute an important means of ensuring the uniform application of the Customs Code by the customs authorities of the Member States and as such may be considered as a valid aid to the interpretation of the Code, they do not have legally binding force (Case C‑11/05 Friesland Coberco Dairy Foods [2006] ECR I-4285, paragraph 39). The Court even added that, where appropriate, it may be necessary to consider whether the content of such opinions is in accordance with the actual provisions of the Common Customs Tariff and whether they alter the meaning of such provisions (see, to that effect, Case 798/79 Chem-Tec [1980] ECR 2639, paragraph 11). | 21. Since the Commission seeks the imposition of a penalty payment on the French Republic, it must also be ascertained whether the alleged failure to fulfil obligations has continued up to the Court’s examination of the facts (see, to that effect, Case C‑304/02 Commission v France , paragraph 31). | 0 |
5,629 | 32. As the Court has already held in paragraph 25 of Case 293/83 Gravier [1985] ECR 593, the conditions of access to vocational training fall within the scope of the Treaty (see also Case C-65/03 Commission v Belgium [2004] ECR I-6427, paragraph 25). | 89. There is no direct relationship between Common Position 2001/931 and Directive 2004/83 in terms of the aims pursued, and it is not justifiable for a competent authority, when considering whether to exclude a person from refugee status pursuant to Article 12(2) of the directive, to base its decision solely on that person’s membership of an organisation which is on a list adopted outside the framework set up by Directive 2004/83 consistently with the 1951 Geneva Convention. | 0 |
5,630 | 55 As regards the need to await a decision of the Tribunal Administrativo Supremo annulling the abovementioned Decision No 430/96-XIII, while that court is itself awaiting the outcome of the action for annulment pending before the Court of Justice against the decision at issue, it must be observed that although, in the absence of Community provisions relating to the procedure applicable to the recovery of illegal aid, such recovery must take place, in principle, in accordance with the relevant provisions of national law, such provisions must however be applied in such a way that the recovery required by Community law is not rendered practically impossible and the interests of the Community are taken fully into consideration (see, in particular, Case 94/87 Commission v Germany, cited above, paragraph 12). | 59. Toutefois, un moyen qui constitue une amplification d’un moyen énoncé antérieurement, directement ou implicitement, dans la requête introductive d’instance doit être considéré comme recevable (voir arrêt du 15 décembre 2005, Italie/Commission, C‑66/02, Rec. p. I‑10901, point 86 et jurisprudence citée). | 0 |
5,631 | 14 It must be emphasised that whilst it is for the Commission to prove that an infringement of the rules on the common organisation of the agricultural markets has occurred (see Greece v Commission, cited above, paragraph 7, and Netherlands v Commission, cited above, paragraph 39), the burden of providing such proof has been defined by the Court having regard to the fact that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts (Greece v Commission, cited above, paragraphs 8 and 9, and Netherlands v Commission, cited above, paragraphs 40 and 41). | 48. It should be added that the aim of Article 213 of the Customs Code is precisely to achieve that objective of actual recovery of the customs debt, and hence to ensure the protection of the EU’s own resources. Joint and several liability constitutes an additional legal device made available to the national authorities to strengthen the effectiveness of the action they take for the recovery of customs debts. | 0 |
5,632 | 43. Furthermore, the Court has held that the directive precludes legislation of a Member State which does not allow the court before which an application for an order for payment has been brought to assess of its own motion, in limine litis or at any other stage during the proceedings, even though it already has the legal and factual elements necessary in that regard, whether a term concerning interest on a late payment contained in a contract concluded between a seller or supplier or consumer is unfair where that consumer has not lodged an objection (judgment in Banco Español de Crédito , C‑618/10, EU:C:2012:349, paragraph 57). | 156. Therefore, it must be held that the broad discretion enjoyed by the NRAs under Article 4(2) of Regulation No 2887/2000 also relates to the costs taken into account, such as interest on invested capital and depreciation of fixed assets, the calculation basis of those costs and the cost‑accounting models used to prove them. | 0 |
5,633 | 28. Second, the possibility which this offers of circumventing Article 16(4) of the Convention would have the effect of multiplying the heads of jurisdiction and would be liable to undermine the predictability of the rules of jurisdiction laid down by the Convention, and consequently to undermine the principle of legal certainty, which is the basis of the Convention (see Case C-256/00 Besix [2002] ECR I-1699, paragraphs 24 to 26, Case C-281/02 Owusu [2005] ECR I-1383, paragraph 41, and Case C-539/03 Roche Nederland and Others [2006] ECR I‑0000, paragraph 37). | 45. Par ailleurs, ainsi que la Commission l’a fait valoir, la seule supervision de l’entité publique au moment où celle-ci prend le contrôle d’une entreprise espagnole opérant dans le secteur de l’énergie ou acquiert une participation significative dans cette dernière ne permet pas d’assurer que, une fois les droits de vote afférents aux actions détenues par cette entité reconnus, celle-ci va les utiliser d’une manière appropriée garantissant la sécurité de l’approvisionnement énergétique. | 0 |
5,634 | 46. However, according to settled case-law, the need for a uniform interpretation of Community regulations makes it impossible for the text of a provision to be considered in isolation but requires, on the cont rary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 46). | 21 Article 3 thereof defines the concept of normal residence in terms substantially identical to those of Article 7(1) of the directive. | 0 |
5,635 | 34
As regards the material conditions to be met for a right to deduct to arise, the Court has held that it is apparent from Article 168(a) of the VAT Directive that the goods and services relied on to give entitlement to that right must be used by the taxable person for the purposes of his own taxed transactions, and that, as inputs, those goods or services must be supplied by another taxable person (judgment of 6 September 2012 in Tóth, C‑324/11, EU:C:2012:549, paragraph 26). | 20. In that regard, it is sufficient to point out that it is not for the Court, in the context of a reference for a preliminary ruling, to assess whether questions referred to it by a national court are relevant or to rule on the interpretation of national laws or regulations and to decide whether the referring court’s interpretation of them is correct (see, to that effect, Case 52/77 Cayrol [1977] ECR 2261, paragraph 32; Case C‑347/89 Eurim-Pharm [1991] ECR I‑1747, paragraph 16; and Case C‑58/98 Corsten [2000] ECR I-7919, paragraph 24). | 0 |
5,636 | 18. In order to interpret Article 33 of the Sixth Directive it must be viewed against its legislative background. To that end it is useful to recall the objectives pursued by the introduction of a common system of VAT, as outlined in the judgment in Joined Cases C‑338/97, C‑344/97 and C‑390/97 Pelzl and Others [1999] ECR I-3319, paragraphs 13 to 20. | 22. It is clear from the wording and the broad logic of Articles 4(19), 38(1) and 40 of the Customs Code that all goods introduced into the customs territory of the Community must be presented to customs. The fact that certain goods were concealed in secret compartments in the vehicle in which they were transported does not have the effect of releasing them from that obligation. | 0 |
5,637 | 29. Secondly, it is clear from the ninth and eleventh recitals in the preamble to the Sixth Directive that the directive is designed to harmonise the basis of assessment of VAT and that the exemptions from that tax constitute independent concepts of Community law which, as the Court has held, must be placed in the general context of the common system of VAT introduced by that directive (Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18, and Stichting Uitvoering Financiële Acties , paragraph 10). | 48. In the event that the duties performed by the applicants in the main proceedings for the AGCM under fixed-term employment contracts did not correspond to those performed by a career civil servant belonging to the relevant category of that authority, the alleged difference in treatment concerning periods of service being taken into account upon the recruitment of the applicants in the main proceedings as career civil servants would not be contrary to clause 4 of the framework agreement, as that difference in treatment would relate to differing situations (see, by analogy, Rosado Santana , paragraph 68). | 0 |
5,638 | 36 First, the Court has already held that Article 10(2) of Regulation No 2057/82 and Article 11(2) of Regulation No 2241/87 require the Member States to take binding measures in order provisionally to prohibit all fishing activities even before quotas have been exhausted. It follows from those provisions that Member States are required to take all the necessary measures in time to prevent the quotas in question being exceeded, in order to ensure compliance with the quotas allocated to them for the purpose of conserving fishery resources (see Case C-62/89 Commission v France [1990] ECR I-925, paragraph 17; Case C-52/95 Commission v France [1995] ECR I-4443, paragraphs 29 and 30, and Joined Cases C-418/00 and C-419/00 Commission v France [2002] ECR I-3969, paragraph 58). | 76 Moreover, before directing the Belgian Government to suspend the Maribel bis/ter scheme, the Commission would have been obliged, under the case-law of the Court, to give the Kingdom of Belgium an opportunity to submit its comments on such a measure (Case C-303/88 Italy v Commission, cited above, paragraph 46, and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 43), which would have necessarily delayed suspension of the aid.
Lack of information as to the Commission's intentions | 0 |
5,639 | 40. Yet other directives require the Member States to obtain very precise and specific results after a certain period (see, in that regard, Case C‑56/90 Commission v United Kingdom [1993] ECR I-4109, paragraphs 42 to 44; Case C‑268/00 Commission v Netherlands [2002] ECR I‑2995, paragraphs 12 to 14; and Case C‑60/01 Commission v France , paragraph 28). | 28. As regards that last criterion specifically, the cumulative effect of making the works available to potential recipients should be taken into account. It is in particular relevant in that respect to ascertain the number of persons who have access to the same work at the same time and successively (Case C‑306/05 SGAE [2006] ECR I‑11519, paragraph 39, and ITV Broadcasting and Others , paragraph 33). | 0 |
5,640 | 24. In order to give a useful answer to that question it must be noted that, as a Bulgarian national, Mr Aladzhov enjoys the status of a citizen of the Union under Article 20 TFEU and may therefore rely on the rights pertaining to that status, including against his Member State of origin, and in particular the right conferred by Article 21 TFEU to move and reside freely within the territory of the Member States (see, inter alia, Case C‑33/07 Jipa [2008] ECR I‑5157, paragraph 17, and Case C‑434/09 McCarthy [2011] ECR I‑0000, paragraph 48). | 50. Il convient, tout d’abord, de rappeler que, pour se conformer à un arrêt d’annulation et lui donner pleine exécution, l’institution est tenue de respecter non seulement le dispositif de l’arrêt, mais également les motifs qui ont amené à celui-ci et en constituent le soutien nécessaire, en ce sens qu’ils sont indispensables pour déterminer le sens exact de ce qui a été jugé dans le dispositif (voir, en ce sens, arrêts du 26 avril 1988, Asteris e.a./Commission, 97/86, 99/86, 193/86 et 215/86, Rec. p. 2181, point 27, ainsi que du 3 octobre 2000, Industrie des poudres sphériques/Conseil, C‑458/98 P, Rec. p. I‑8147, point 81). | 0 |
5,641 | 46. However, the Court has held that it is otherwise where the holding is accompanied by direct or indirect involvement in the management of the companies in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder (Polysar Investments Netherlands , paragraph 14), in so far as involvement of that kind entails carrying out transactions which are subject to VAT by virtue of Article 2 of the Sixth Directive, such as the supply of services by the holding company to those companies (see Floridienne and Berginvest , paragraphs 18 and 19). The Court has likewise held that services such as placements which a manager makes with financial institutions of monies received from his clients in the course of managing their properties and on which he receives interest fall within the scope of VAT, since the placement constitutes the direct, permanent and necessary extension of the taxable activity (see Régie Dauphinoise , paragraphs 17, 18 and 19). | 103. According to settled case-law, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (judgment in Ivansson and Others , C‑307/13, EU:C:2014:2058, paragraph 40). | 0 |
5,642 | 86. According to the Commission, the General Court thus disregarded the settled case-law of the Court of Justice to the effect that Article 107(1) TFEU defines State interventions on the basis of their effects, and independently of the techniques used by the Member States to implement their interventions (see, inter alia, judgments in Belgium v Commission , C‑56/93, EU:C:1996:64, paragraph 79; Belgium v Commission , C‑75/97, EU:C:1999:311, paragraph 25; British Aggregates v Commission , C‑487/06 P, EU:C:2008:757, paragraph 89; and Commission v Government of Gibraltar and United Kingdom , C‑106/09 P and C‑107/09 P, EU:C:2011:732, paragraphs 91, 92 and 98). | 22. Therefore, Article 34(2) of Regulation No 44/2001 must be interpreted in the light of the objectives and the scheme of that regulation. | 0 |
5,643 | 36. In paragraph 26 of Feyrer , in which point 4(b) of Chapter I of Annex A to Directive 85/73 is referred to, the Court observed that, pursuant to Article 2(3) of that directive, which is now Article 5(3) thereof, the ‘total fee collected’ to which that provision refers must not exceed the actual figure for inspections. The ‘total’ fee necessarily results from the addition of the various constituent elements of that fee. | 22. Where the marketing of a product is always accompanied by a minimal supply of services (such as the displaying of the products on shelves, the issuing of an invoice, etc.), only services other than those which necessarily accompany the marketing of a product may be taken into account in assessing the part played by the supply of services within the whole of a complex transaction also involving the supply of a product. | 0 |
5,644 | 14. As a preliminary point, it should be noted that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, Case C-472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 24; Case C‑415/04 Stichting Kinderopvang Enschede [2006] ECR I‑1385, paragraph 13; and Case C‑89/05 United Utilities [2006] ECR I-6813, paragraph 21). | 29 ON THAT POINT IT IS SUFFICIENT TO STATE THAT THE DETERMINATION OF THE APPROPRIATE LEGAL BASIS FOR A MEASURE DOES NOT DEPEND ON THE DISCRETION OF THE COMMUNITY LEGISLATURE BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW ( SEE THE JUDGMENT OF 26 MARCH 1987 IN CASE 45/86, REFERRED TO ABOVE ). A PREVIOUS COUNCIL PRACTICE OF ADOPTING LEGISLATIVE MEASURES IN A PARTICULAR FIELD ON A DUAL LEGAL BASIS CANNOT DEROGATE FROM THE RULES LAID DOWN IN THE TREATY . SUCH A PRACTICE CANNOT THEREFORE CREATE A PRECEDENT BINDING ON THE COMMUNITY INSTITUTIONS WITH REGARD TO THE DETERMINATION OF THE CORRECT LEGAL BASIS . | 0 |
5,645 | 182. In so far as the question concerns successive fixed-term employment contracts, it must be pointed out that that question is the same as a question on which the Court has already given a ruling in Adeneler and Others (paragraphs 91 to 105) and that other relevant information enabling an answer to be given to that question appears in the judgments in Marrosu and Sardino (paragraphs 44 to 57) as well as Vassallo (paragraphs 33 to 42) and the order in Vassilakis and Others (paragraphs 120 to 137). | 67. Ascertaining which elements of a matter must be categorised as essential is not – contrary to what the Council and the Commission claim – for the assessment of the European Union legislature alone, but must be based on objective factors amenable to judicial review. | 0 |
5,646 | 24. It follows that, as from the date of accession, the principles laid down by the Court on the basis of Treaty articles relating to the free movement of goods are applicable to trade between the new Member States and the other EU Member States. The Court has consistently held that the proprietor of an industrial or commercial property right protected by the legislation of a Member State cannot rely upon that legislation to prevent the importation of a product which has been lawfully marketed in another Member State by the proprietor himself or with his consent. The Court has inferred from that principle that an inventor, or someone deriving rights from him, cannot invoke the patent which he holds in one Member State to prevent the importation of a product freely marketed by him in another Member State where the product is not patentable (judgments in Centrafarm and de Peijper , 15/74, EU:C:1974:114, paragraphs 11 and 12; Merck , 187/80, EU:C:1981:180, paragraphs 12 and 13; and Generics and Harris Pharmaceuticals , C‑191/90, EU:C:1992:407, paragraph 31). | 34. As is clear from recital (6) in the preamble to Directive 98/5, by that directive, the Community legislature sought to put an end to the differences in national rules on the conditions for registration with the competent authorities which gave rise to inequalities and obstacles to freedom of movement (see also, to that effect, Luxembourg v Parliament and Council , paragraph 64). | 0 |
5,647 | 24 Fourthly, the Court has already held, although in a different factual and legal context, in Case 66/85 Lawrie-Blum v Land Baden-Wuerttemberg [1986] ECR 2121, paragraph 28 in conjunction with paragraph 24, that a teacher does not exercise public powers even when he awards marks to pupils and participates in the decisions on whether they should move to a higher class. That must be so a fortiori in relation to the duty of a teacher, as a person in charge of pupils, to supervise them during a school trip. | 28 THOSE VERY STRICT CONDITIONS ARE NOT FULFILLED IN THE CASE OF A TRAINEE TEACHER , EVEN IF HE DOES IN FACT TAKE THE DECISIONS DESCRIBED BY THE LAND BADEN-WURTTEMBERG .
| 1 |
5,648 | 25. In that respect, it should be recalled that, according to settled case-law, it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court. Consequently, where the questions referred involve the interpretation of Community law, the Court is, in principle, obliged to give a ruling (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38, and Case C-18/01 Korhonen and Others [2003] ECR I-5321, paragraph 19). | 40
Il ne ressort ni des termes ni des objectifs de la directive 2009/103 que celle-ci vise à établir des règles de conflits de lois. | 0 |
5,649 | 20. Enfin, il convient de rappeler que le droit de l’Union ne régit pas les rapports entre la CEDH et les ordres juridiques des États membres et ne détermine pas non plus les conséquences à tirer par un juge national en cas de conflit entre les droits garantis par cette convention et une règle de droit national (voir, en ce sens, arrêts du 24 avril 2012, Kamberaj, C‑571/10, point 62, et du 26 février 2013, Åkerberg Fransson, C‑617/10, point 44). Il n’y a donc pas lieu pour la Cour de se prononcer sur la demande de la juridiction de renvoi en ce qu’elle porte sur la CEDH et le protocole additionnel à celle-ci.
Sur la libre prestation des services | 47. Ainsi, l’exercice d’un emploi par un ressortissant turc sous le couvert d’une autorisation de séjour provisoire qui n’est valable que dans l’attente d’une décision définitive sur son droit de séjour n’est pas susceptible d’être qualifié de «régulier» (voir, en ce sens, arrêt du 29 septembre 2011, Unal, C‑187/10, Rec. p. I‑9045, point 47). | 0 |
5,650 | 45. The Court has repeatedly held that it has jurisdiction to give preliminary rulings on questions concerning EU provisions in situations where the facts of the cases being considered by the national courts were outside the scope of EU law but where those provisions of EU law had been rendered applicable by domestic law due to a reference made by that law to the content of those provisions (see, to that effect, Case C-482/10 Cicala [2011] ECR I-14139, paragraph 17 and case-law cited). | 51. It is thus clear from the objectives of Directive 85/337 that the competent national authorities, when they receive a request for development consent for an Annex II project, must carry out a specific evaluation as to whether, taking account of the criteria set out in Annex III to that directive, an EIA should be carried out. | 0 |
5,651 | 65. The designation of origin would not receive comparable protection from an obligation imposed on operators established outside the region of production to inform consumers, by means of appropriate labelling, that the grating and packaging has taken place outside that region. Any deterioration in the quality or authenticity of cheese grated and packaged outside the region of production, resulting from the materialisation of the risks associated with grating and packaging, might harm the reputation of all cheese marketed under the designation of origin, including that grated and packaged in the region of production under the control of the group of producers entitled to use the designation (see, to that effect, Belgium v Spain , paragraphs 76 and 77). | 60. However, in accordance with the case-law of the Court which provides that the State concerned should have the opportunity to avail itself of its right to defend itself against the objections formulated by the Commission (see, inter alia, Case C-117/02 Commission v Portugal [2004] ECR I-5517, paragraph 53, and Case C‑456/03 Commission v Italy , paragraph 36), the second part of the Commission’s second complaint should be restricted to those provisions of the directive which the Commission has referred to in its reply and which it did not subsequently abandon (namely Articles 2, 3, 4, 7(2) and 14 of the directive), since the Grand Duchy of Luxembourg has not had the opportunity to avail itself of its right to defend itself as regards the other provisions of the directive referred to by the Commission for the first time at the hearing. | 0 |
5,652 | 28. Like most of the exemptions provided for in Article 13A of the Sixth Directive and unlike several of those provided for in Article 13B thereof (see, inter alia, Case C-305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I-6729, paragraph 64, and Case C-169/04 Abbey National [2006] ECR I-4027, paragraph 66), that exemption is thus not only defined according to the nature of the goods supplied, but also according to the status of the supplier. | 46 Thus, in accordance with the principle of proportionality, the Member States must employ means which, whilst enabling them effectively to attain the objective pursued by their domestic laws, are the least detrimental to the objectives and the principles laid down by the relevant Community legislation. | 0 |
5,653 | 107. It follows that any person seeking compensation for the loss caused by a breach of Article 81 EC must establish that it is necessary for that person to be granted access to documents in the Commission’s file, in order to enable the latter to weigh up, on a case-by-case basis, the respective interests in favour of disclosure of such documents and in favour of the protection of those documents, taking into account all the relevant factors in the case (see, by analogy, Commission v Bavarian Lager , paragraphs 77 and 78, and Donau Chemie and Others , paragraphs 30 and 34). | 22. However, according to the Court’s settled case‑law, in interpreting a provision of European Union law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Feltgen and Bacino Charter Company , paragraph 12 and the case‑law cited). | 0 |
5,654 | 43. According to the Court’s settled case-law, although it is for Member States to take the appropriate measures to ensure their internal and external security, it does not follow that such measures are entirely outside the scope of Community law (see Case C‑273/97 Sirdar [1999] ECR I‑7403, paragraph 15, and Case C‑285/98 Kreil [2000] ECR I‑69, paragraph 15). As the Court has already held, the only articles in which the Treaty expressly provides for derogations applicable in situations which may affect public safety are Articles 30 EC, 39 EC, 46 EC, 58 EC, 64 EC, 296 EC and 297 EC, which deal with exceptional and clearly defined cases. It cannot be inferred that the Treaty contains an inherent general exception excluding all measures taken for reasons of public security from the scope of Community law. The recognition of the existence of such an exception, regardless of the specific requirements laid down by the Treaty, would be liable to impair the binding nature of Community law and its uniform application (see Case C‑186/01 Dory [2003] ECR I‑2479, paragraph 31 and case-law there cited). | 18 That condition is not fulfilled in the case of a settlement, even if it was reached in a court of a Contracting State and brings legal proceedings to an end. Settlements in court are essentially contractual in that their terms depend first and foremost on the parties' intention, as the Experts' Report explains (op. cit., p. 56) | 0 |
5,655 | 49. Analysis of the origin of Article 17(6) of the Sixth Directive shows that the option given to Member States by the second subparagraph of that provision applies only to maintaining exclusions from deduction with regard to categories of expenditure defined by reference to the nature of the goods or services acquired rather than by reference to the use to which they are put or the way in which they are used (see, to that effect, Case C-305/97 Royscot and Others [1999] ECR I-6671, paragraphs 21 to 25). | 23 It follows from its wording, which is clear and unambiguous, that Article 11(4) authorised Member States to exclude from the right of deduction even expenditure which is strictly business-related. It cannot be inferred from the second part of Article 11(4) of the Second Directive, which provides that the exclusions may relate in particular to certain goods and services capable of being used exclusively or partially for private needs, that Member States could exclude only expenditure in respect of such goods and services. On the contrary, by using the term `in particular', the legislature expressed its clear intention not to limit the authorised exclusions to expenditure for goods and services capable of being used for private purposes. | 1 |
5,656 | 122 It should be recalled that, according to settled case-law, in order to establish whether a provision of Community law complies with the principle of proportionality, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it (Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraph 54; Case C-284/95 Safety Hi-Tech [1998] ECR I-4301, paragraph 57, and Case C-390/95 P Antillean Rice Mills and Others v Commission, cited above, paragraph 52). | Ainsi que la Cour l’a jugé, il découle du libellé de cette disposition que, en règle générale et sauf disposition contraire, la présentation de faits et de preuves par les parties demeure possible après l’expiration des délais auxquels se trouve subordonnée une telle présentation en application des dispositions du règlement no 207/2009 et qu’il n’est nullement interdit à l’EUIPO, y compris ses chambres de recours, de tenir compte de faits et de preuves ainsi tardivement invoqués ou produits (arrêts du 13 mars 2007, OHMI/Kaul, C‑29/05 P, EU:C:2007:162, point 42 ; du 26 septembre 2013, Centrotherm Systemtechnik/OHMI et centrotherm Clean Solutions, C‑610/11 P, EU:C:2013:593, point 77, ainsi que, en ce sens, arrêt du 3 octobre 2013, Rintisch/OHMI, C‑120/12 P, EU:C:2013:638, points 22 à 33). | 0 |
5,657 | 50. In that regard, it must, first, be recalled that, in paragraphs 75 to 84 of Abatay and Others , the Court held that Article 13 of Decision No 1/80 is not subject to the condition that the Turkish national concerned satisfy the requirements of Article 6(1) of that decision and that the scope of that Article 13 is not restricted to Turkish migrants who are in paid employment. | 40. As was stated in paragraph 9 above, insufficient competitive pressure to limit the extent to which the value of emission allowances is passed on in electricity prices has led electricity producers to make windfall profits. As can be seen from recitals 15 and 19 to Directive 2009/29, it is in order to eliminate windfall profits that, with effect from 2013, emission allowances are to be allocated by means of a full auctioning mechanism. | 0 |
5,658 | 27 Furthermore, the rules of jurisdiction which derogate from the general principle on jurisdiction, such as the rules featuring in Articles 13 and 14, cannot give rise to an interpretation going beyond the cases envisaged by the Convention (see Bertrand, paragraph 17, Shearson Lehman Hutton, paragraphs 14, 15 and 16, and Benincasa, paragraphs 13 and 14, all cited above). | En s’appuyant sur les arrêts du 25 octobre 1977, Metro SB‑Großmärkte/Commission (26/76, EU:C:1977:167, point 13), du 27 avril 1995, CCE de Vittel e.a./Commission (T‑12/93, EU:T:1995:78, point 59), et du 27 avril 1995, CCE de la Société générale des grandes sources e.a./Commission (T‑96/92, EU:T:1995:77, point 46), les requérantes rappellent que la Cour a jugé que, en règle générale, lorsqu’un règlement accorde des droits procéduraux à des tiers, ces derniers doivent disposer d’une voie de recours destinée à protéger leurs intérêts légitimes. En particulier, dans le deuxième de ces arrêts, le Tribunal aurait constaté que la décision attaquée ne concernait pas directement les requérants. Par conséquent, le Tribunal aurait déclaré le recours irrecevabledans la seule mesure où il ne tendait pas à assurer la protection des garanties procédurales reconnues aux requérants durant la procédure administrative, puis il aurait ensuite examiné au fond le moyen tiré d’une violation des droits procéduraux à l’égard des requérants. Il résulterait de cette jurisprudence que les moyens tirés de la protection des garanties procédurales dont bénéficiaient les requérants – en l’espèce les droits de la défense – ne pouvaient être déclarés irrecevables, cela indépendamment du fait que les autres moyens d’annulation du recours fussent ou non recevables. | 0 |
5,659 | 68. However, it is settled case-law that it is necessary, where justification is based on an exception laid down by the Treaty or indeed on an overriding general-interest reason, to ensure that the measures taken in that respect do not exceed what is objectively necessary for that purpose and that the same result cannot be achieved by less restrictive rules (see Case 205/84 Commission v Germany [1986] ECR 3755, paragraphs 27 and 29; Case C-180/89 Commission v Italy [1991] ECR I-709, paragraphs 17 and 18; Case C-106/91 Ramrath [1992] ECR I-3351, paragraphs 30 and 31, and Smits and Peerbooms , paragraph 75). | 47. It must be held that checking that the information given in the tax declaration is consistent with the documents annexed to it, even though it is in fact rarely questioned by the tax authorities, is not directly and specifically connected with the exercise of official authority but a measure intended to prepare for or facilitate the accomplishment of the tasks for which the tax authorities are responsible. | 0 |
5,660 | 77. With regard to the place where the damage occurred, it is clear from the case-law of the Court, that that is the place where the damage alleged by the company actually manifests itself (see, to that effect, judgment in CDC Hydrogen Peroxide , C‑352/13, EU:C:2015:335, paragraphs 52). | 48. As appears expressly from Article 1(1) and (2)(a) and from Articles 7(1) and 15 of Directive 2003/88, the purpose of the directive is merely to lay down minimum safety and health requirements for the organisation of working time and it does not affect Member States’ right to apply national provisions more favourable to the protection of workers. | 0 |
5,661 | 50 In addition, as is already clear from the second paragraph of Article 3 of the Convention, which prohibits a plaintiff from invoking against a defendant domiciled in a Contracting State national rules of jurisdiction based, in particular, on the plaintiff's domicile or residence, the Convention appears clearly hostile towards the attribution of jurisdiction to the courts of the plaintiff's domicile (see Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraph 16; and Shearson Lehman Hutton, paragraph 17). It follows that the Convention must not be interpreted as meaning that, otherwise than in the cases expressly provided for, it recognises the jurisdiction of the courts of the plaintiff's domicile and therefore enables a plaintiff to determine the court with jurisdiction by his choice of domicile (see, to that effect, Dumez France and Tracoba, paragraph 19). | 22. In order to meet that obligation, the Member States must, in accordance with the second subparagraph of Article 3(2) of Directive 2004/38, make it possible for persons envisaged in the first subparagraph of Article 3(2) to obtain a decision on their application that is founded on an extensive examination of their personal circumstances and, in the event of refusal, is justified by reasons. | 0 |
5,662 | 61. Article 15(1) of the directive provides that the suitability of tenderers is to be checked by the contracting authority in accordance with the criteria of economic and financial standing and of technical knowledge or ability referred to in Articles 22, 23 and 24 of the directive. The purpose of these articles is not to delimit the power of the Member States to fix the level of financial and economic standing and technical knowledge required in order to take part in procedures for the award of public works contracts, but to determine the references or evidence which may be furnished in order to establish the suppliers' financial or economic standing and technical knowledge or ability (see to this effect Beentjes , cited above, paragraph 17). | 40. Lastly, any agreement on the sharing of costs is also irrelevant for present purposes since such an agreement was not negotiated between independent parties. | 0 |
5,663 | 25 It should be remembered that, under the first paragraph of Article 10 EC, the Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the institutions of the Community. Such action includes directives which, pursuant to the third paragraph of Article 249 EC, are binding as to the result to be achieved upon each Member State to which they are addressed. That obligation involves, for each Member State to which a directive is addressed, the adoption, within the framework of its national legal system, of all the measures necessary to ensure that the directive is fully effective, in accordance with the objective which it pursues (see Case C-97/00 Commission v France [2001] ECR I-2053, paragraph 9). | 36. It should be added that that interpretation does not call into question the responsibility of the Hellenic Republic for the content of teaching and the organisation of the education system. | 0 |
5,664 | 51. In the case-law referred to in paragraphs 34 to 41, 44 and 45 of this judgment, the Court recognised the need to reconcile the requirement relating to the qualifications necessary in order to pursue a particular occupation with the requirement that the fundamental freedoms guaranteed by Articles 39 and 43 EC be capable of being exercised effectively (see to that effect, in particular, Heylens and Others , paragraph 13). | 24 IT MUST FIRST BE POINTED OUT THAT THE EXCISE DUTY LAW DOES NOT DEPRIVE MANUFACTURERS OF THEIR FREEDOM TO SET RETAIL PRICES , SINCE THE OBLIGATION UNDER ARTICLE 30 OF THE EXCISE DUTY LAW TO COMPLY WITH THE PRICE INDICATED ON THE TAX STAMP APPLIES ONLY TO RETAILERS .
| 0 |
5,665 | 26. For Directive 2001/23 to be applicable, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (see, inter alia, Case C‑48/94 Rygaard [1995] ECR I‑2745, paragraph 20). The term ‘entity’ thus refers to an organised grouping of persons and assets enabling the exercise of an economic activity which pursues a specific objective (see, inter alia, Case C‑13/95 Süzen [1997] ECR I‑1259, paragraph 13; Case C‑340/01 Abler and Others [2003] ECR I‑14023, paragraph 30; and Güney‑Görres and Demir , cited above, paragraph 32). | 58. The Court of Justice also based its findings on the fact that the interested parties, except for the Member State responsible for granting the aid, do not have a right under the procedure for reviewing State aid to consult the documents on the Commission’s administrative file and that, if those interested parties were able to obtain access, on the basis of Regulation No 1049/2001, to those documents, the system for the review of State aid would be called into question (see Commission v Technische Glaswerke Ilmenau , paragraphs 58 and 61). | 0 |
5,666 | 19
Such a requirement assumes that the person concerned habitually carries out significant activities in the territory of two or more Member States (see, by analogy, judgment of 30 March 2000, Banks and Others, C‑178/97, EU:C:2000:169, paragraph 25). | 27. In that regards, it is clear from the order for reference that, on the basis of that latter jurisdiction, the Elegktiko Sinedrio is called upon to assess whether public expenditure complies with the law relating to the budget and to adopt a decision which does not acquire the force of res judicata . | 0 |
5,667 | 25. Although, as Community law stands at present, the rules governing a person's surname are matters coming within the competence of the Member States, the latter must none the less, when exercising that competence, comply with Community law (see, by way of analogy, Case C-336/94 Dafeki [1997] ECR I-6761, paragraphs 16 to 20), in particular the Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (see, inter alia , Case C-135/99 Elsen [2000] ECR I-10409, paragraph 33). | 16 The first question which arises, therefore, is whether the services of an arbitrator fall within the category of those principally and habitually carried out as part of the professions listed in Article 9(2)(e), third indent, of the Directive (Case C-167/95 Linthorst, Pouwels and Scheres v Inspecteur der Belastingdienst/Ondernemingen Roermond [1997] ECR I-0000, paragraphs 18, 22 and 25). | 0 |
5,668 | 107. It follows that any person seeking compensation for the loss caused by a breach of Article 81 EC must establish that it is necessary for that person to be granted access to documents in the Commission’s file, in order to enable the latter to weigh up, on a case-by-case basis, the respective interests in favour of disclosure of such documents and in favour of the protection of those documents, taking into account all the relevant factors in the case (see, by analogy, Commission v Bavarian Lager , paragraphs 77 and 78, and Donau Chemie and Others , paragraphs 30 and 34). | 27. As regards the question to which supply the intra-Community transport should be ascribed if it is effected by or on behalf of the person who, as first person acquiring the goods and second supplier, was involved in both supplies, it should be pointed out that the Sixth Directive does not lay down any general rule in this regard. The answer to that question depends on an overall assessment of all the specific circumstances from which it is possible to determine which supply fulfils all the conditions relating to an intra-Community supply. | 0 |
5,669 | 56. Under Article 109(1) of the OCT Decision the Commission ‘may’ take safeguard measures ‘[i]f, as a result of the application of [that decision] serious disturbances occur in a sector of the economy of the Community or one or more of its Member States, or their external financial stability is jeopardised’, or ‘if difficulties arise which may result in a deterioration in a sector of the Community’s activity or in a region of the Community’. The Court of Justice held in paragraph 47 of its judgment in Antillean Rice Mills and Others v Commission , that, on the first hypothesis stated in that paragraph, the existence of a causal link must be established because the purpose of the safeguard measures must be to resolve or reduce the difficulties which have arisen in the sector concerned, and that, on the other hand, as regards the second hypothesis, it is not a requirement that the difficulties which justify the imposition of a safeguard measure result from the application of the OCT Decision. | 28. Consequently, a party’s disagreement with the Opinion of the Advocate General, irrespective of the questions that he examines in his Opinion, cannot in itself constitute grounds justifying the reopening of the oral procedure (judgment in E .ON Energie v Commission , C‑89/11 P, EU:C:2012:738, paragraph 62). | 0 |
5,670 | 24. However, in arriving at that conclusion, the Court of First Instance interpreted the concept of excusable error, as it has been developed in the case-law of the Court of Justice, in an excessively restrictive manner. According to settled case-law (see, inter alia , Bayer v Commission , cited above, paragraph 26), full knowledge of the finality of a decision and of the time-limit for bringing an action under Article 230 EC does not, in itself, prevent an individual from pleading excusable error to justify his application being out of time since such an error may occur, in particular, when the conduct of the institution concerned has been, either alone or to a decisive extent, such as to give rise to pardonable confusion in the mind of a party acting in good faith and exercising all the diligence required of a normally well-informed person. | 26 It should be pointed out in this connection that the Court of First Instance held, at paragraph 29, that the concept of excusable error could concern only exceptional circumstances in which, "in particular", the conduct of the institution concerned had been, either alone or to a decisive extent, such as to give rise to a pardonable confusion in the mind of the party concerned. It follows from the use of the adverbial construction "in particular" that, by not limiting the concept of excusable error, the Court of First Instance correctly applied the case-law cited. | 1 |
5,671 | 36
However, it is also clear from the case-law of the Court that, where Member States make use of that freedom and determine the connecting factors for the allocation of fiscal jurisdiction in bilateral conventions for the avoidance of double taxation, they are required to respect the principle of equal treatment and the freedoms of movement guaranteed by primary EU law (see, to that effect, judgment of 19 November 2015 in Bukovansky, C‑241/14, EU:C:2015:766, paragraph 37). | 37. Hearing requests for a preliminary ruling on the question of whether the agreements on double taxation concluded between the EU Member States must be compatible with the principle of equal treatment and, in general, with the freedoms of movement guaranteed by primary EU law, the Court has held that the Member States are free to determine the connecting factors for the allocation of fiscal sovereignty in bilateral agreements for the avoidance of double taxation, but are obliged, in exercising the power of taxation thus allocated, to observe that principle and those freedoms (see judgments in Gilly , C‑336/96, EU:C:1998:221, paragraph 30; Renneberg , C‑527/06, EU:C:2008:566, paragraphs 48 to 51; and Imfeld and Garcet , C‑303/12, EU:C:2013:822, paragraphs 41 and 42). | 1 |
5,672 | 31 According to Article 176 of the Treaty, the institution whose act has been declared void is required to take the measures necessary to comply with the judgment of the Court. As the Court held in its judgment in Joined Case 97/86, 193/86, 99/86 and 215/86 Asteris and Others v Commission [1988] ECR 2181, paragraph 27, in order to comply with the judgment and to implement it fully, the institution is required to have regard not only to the operative part of the judgment but also to the grounds which led to the judgment and constitute its essential basis, in so far as they are necessary to determine the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be illegal and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the annulled measure. The procedure for replacing such a measure may thus be resumed at the very point at which the illegality occurred (see the judgment in Case 34/86 Council v Parliament [1986] ECR 2155, paragraph 47). | 76. Moreover, the setting of reasonable limitation periods for bringing proceedings must be regarded as satisfying, in principle, the requirement of effectiveness under Directive 89/665, since it is an application of the fundamental principle of legal certainty (see, by analogy, in relation to the principle of the effectiveness of Community law, Case C-261/95 Palmisani [1997] ECR I-4025, paragraph 28, and Case C-78/98 Preston and Others [2000] ECR I-3201, paragraph 33). | 0 |
5,673 | 24 According to settled case-law, the concept of pay, as defined in Article 119 of the Treaty, does not encompass social security schemes or benefits, in particular retirement pensions, directly governed by legislation (Barber, paragraph 22; and Case C-7/93 Beune v Bestuur van het Algemeen Burgerlijk Pensioenfonds [1994] ECR I-4471, paragraph 44). | 52. The factors to be taken into account include, in particular, all the places in which the debtor company pursues economic activities and all those in which it holds assets, in so far as those places are ascertainable by third parties. As the Advocate General observed at point 70 of her Opinion, those factors must be assessed in a comprehensive manner, account being taken of the individual circumstances of each particular case. | 0 |
5,674 | 17. It is only by way of derogation from the fundamental principle laid down in Article 2(1) of Regulation No 44/2001, attributing jurisdiction to the courts of the Member States in which the defendant is domiciled, that Section 2 of Chapter II of that regulation makes provision for certain special jurisdictional rules, such as that laid down in Article 5(3) of that regulation (judgment in Coty Germany , EU:C:2014:1318, paragraph 44). | 16. The objective pursued by Directive 91/271 therefore goes beyond the mere protection of aquatic ecosystems and attempts to conserve man, fauna, flora, soil, water, air and landscapes from any significant harmful effects of the accelerated growth of algae and higher forms of plant life resulting from discharges of urban waste water. | 0 |
5,675 | 13 The objective of decisions of the Commission concerning the clearance of accounts presented by the Member States in respect of expenditure financed by the EAGGF is to determine whether it may be accepted that the expenditure was incurred by the national authorities in accordance with Community provisions (see Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraph 9). | 60. In addition, it is not apparent from any provision of that regulation that such a failure leads to the invalidity of the procedure for service. | 0 |
5,676 | 10 The Court has already held that, in order to fall within the scope of Directive 79/7, a benefit must constitute the whole or part of a statutory scheme providing protection against one of the specified risks, or a form of social assistance having the same objective (see, in particular, Case C-137/94 Richardson [1995] ECR I-3407, paragraph 8). | 39. Quant au second critère, à savoir la rémunération accordée en contrepartie d’une activité, il convient de souligner qu’il ne saurait être entendu au sens strict du versement d’une somme d’argent. Une telle restriction n’est en effet ni commandée par le libellé très général de l’article 5, point 1, sous b), second tiret, du règlement ni en harmonie avec les objectifs de proximité et d’uniformisation, rappelés aux points 30 à 32 du présent arrêt, que poursuit cette disposition. | 0 |
5,677 | 27
Secondly, it should be noted that, according to the second subparagraph of Article 256(1) TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union and Article 168(1)(d) of the Rules of Procedure, an appeal must, on penalty of being deemed inadmissible, indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and the legal arguments specifically advanced in support of the appeal, failing which the appeal or the ground of appeal in question will be dismissed as inadmissible (see, inter alia, judgment of 10 July 2014, Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 29 and the case-law cited). | 25. It must also be accepted, moreover, that the fight against a widespread epizootic cannot be undertaken without errors and that, in principle, the existence of certain errors should not preclude the Community financial contribution. However, where such errors exceed the limit of what might be reasonably regarded as inevitable and therefore excusable in a complex and sometimes complicated situation, their financial consequences cannot be borne, even in part, by the Community and must be assumed by the Member State to which the authorities responsible for the errors belong. | 0 |
5,678 | 35
Secondly, in order to determine which of the two supplies the intra-Community transport must be ascribed to, it is necessary to undertake an overall assessment of all the specific circumstances of the case (see, to that effect, judgments of 16 December 2010, Euro Tyre Holding, C‑430/09, EU:C:2010:786, paragraph 27, and of 27 September 2012, VSTR, C‑587/10, EU:C:2012:592, paragraph 32). | 22 The questions referred by the national court relate, therefore, to the taking into account of a benefit such as the old-age pension granted to Mrs Engelbrecht under the AOW on the basis of compulsory insurance. | 0 |
5,679 | 38. In any event, as the Advocate General has noted in point 33 of her Opinion, the fact that part-time work is remunerated at a lower hourly rate than full-time work does not systematically lead to the conclusion that there is discrimination in so far as the difference in pay between part-time work and full-time work is attributable to factors which are objectively justified and are unrelated to any discrimination on grounds of sex (see, to this effect, Case 96/80 Jenkins [1981] ECR 911, paragraphs 10 and 11). In the present case the Court does not have the information necessary for such an examination. | 73. That interpretation of paragraph 1(3) of Annex III to the Directive is, moreover, confirmed by the objective of the Directive, referred to in paragraph 41 of this judgment, namely to create the instruments needed to ensure that waters in the Community are protected against pollution caused by nitrates from agricultural sources. | 0 |
5,680 | 59. First, as to the grounds of the judgment under appeal finding that imports of sugar under the EC/OCT cumulation of origin rule would increase the surplus of sugar on the Community market, it is settled case-law that the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (see, inter alia, Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24). Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice (see, inter alia, Case C-8/95 P New Holland Ford v Commission [1998] ECR I-3175, paragraph 26; Joined Cases C-24/01 P and C-25/01 P Glencore and Compagnie Continentale v Commission [2002] ECR I-10119, paragraph 65; and Case C-122/01 P T. Port v Commission [2003] ECR I-4261, paragraph 27). | 26. Therefore, the answer to the question is that the third subparagraph of Article 17(5) of the Sixth Directive must be interpreted as allowing Member States, for the purposes of calculating the proportion of input VAT deductible for a given operation, such as the construction of a mixed-use building, to give precedence, as the key to allocation, to an allocation key other than that based on turnover appearing in Article 19(1) of that directive, on condition that the method used guarantees a more precise determination of the said deductible proportion.
Costs | 0 |
5,681 | 45 It must also be remembered that the aim of Article 13(A) of the Sixth Directive is to exempt from VAT certain activities which are in the public interest. That provision does not however provide exemption from the application of VAT for every activity performed in the public interest, but only for those which are listed and described in great detail in it (see, in particular, Institute of the Motor Industry, paragraph 18). | 22 Observance of the institutional balance means that each of the institutions must exercise its powers with due regard for the powers of the other institutions . It also requires that it should be possible to penalize any breach of that rule which may occur . | 0 |
5,682 | 42. However, for a restrictive measure to be justified, it must observe the principle of proportionality, in that it must be appropriate for securing the attainment of the objective it pursues and must not go beyond what is necessary to attain it (Case C‑101/05 A [2007] ECR I‑11531, paragraphs 55 and 56, and Persche , paragraph 52). | 41. It is in the light of both the foregoing considerations and the more detailed interpretative guidance provided below that it will be for the referring court to consider whether the condition of an adverse effect on one of the functions of the trade mark is met. | 0 |
5,683 | 27. Equally, according to the referring court, which refers to paragraph 24 of Case C-212/05 Hartmann [2007] ECR I-6303, the financing of studies granted by a Member State to the children of workers constitutes, for a migrant worker, or for a frontier worker, a social advantage within the meaning of Article 7(2) of Regulation No 1612/68, where the worker continues to support the child concerned. In such a case, the national courts points out that, in conformity with paragraph 28 of Bernini , that child may rely upon Article 7(2) of Regulation No 1612/68 in order to obtain study finance under the same conditions as are applicable to the children of national workers, equal treatment pursuant to Article 7(2) of Regulation No 1612/68 also being intended to prevent discrimination to the detriment of descendants dependent on the worker. | 60. As the Spanish Government correctly maintains, livestock effluent may, on the same terms, fall outside classification as waste, if it is used as soil fertiliser as part of a lawful practice of spreading on clearly identified parcels and if its storage is limited to the needs of those spreading operations. | 0 |
5,684 | 39
An interpretation of the right to be heard, guaranteed by Article 47 of the Charter, to the effect that it is not an absolute right is confirmed by the case-law of the European Court of Human Rights, in the light of which Article 47 of the Charter must be interpreted, as the first and second paragraphs of that article correspond to Article 6(1) and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (judgment of 30 June 2016, Toma and Biroul Executorului Judecătoresc Horațiu-Vasile Cruduleci, C‑205/15, EU:C:2016:499, paragraphs 40 and 41 and the case-law cited). | 44. Furthermore, it is apparent from the statements of the Hellenic Republic concerning the efforts made by the national authorities to recover the aid referred to in Articles 2 and 3(1) of Decision 2003/372 that the authorities have restricted themselves to a certain number of procedural and administrative steps, partial arrangements for the settlement of debts and offset operations. Those initiatives which, moreover, were late or incomplete or without binding effect and which, in any event, did not result in the actual recovery of the sums owed by Olympic Airways, cannot be regarded as complying with the obligations of Member States in relation to the recovery of State aid. | 0 |
5,685 | 29. On this point, it must be recalled that, according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (see, inter alia, Case C‑72/03 Carbonati Apuani [2004] ECR I‑0000, paragraph 10). | 25 ARTICLE 17 IS THUS INTENDED TO LAY DOWN ITSELF THE FORMAL REQUIREMENTS WHICH AGREEMENTS CONFERRING JURISDICTION MUST MEET ; THE PURPOSE IS TO ENSURE LEGAL CERTAINTY AND THAT THE PARTIES HAVE GIVEN THEIR CONSENT .
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5,686 | 57. On the other hand, mere adverse repercussions on the rights of third parties, even if the repercussions are certain, do not justify preventing an individual from invoking the provisions of a directive against the Member State concerned (see to this effect, in particular, Case 103/88 Fratelli Costanzo [1989] ECR 1839, paragraphs 28 to 33, WWF and Others , cited above, paragraphs 69 and 71, Case C-194/94 CIA Security International [1996] ECR I-2201, paragraphs 40 to 55, Case C-201/94 Smith & Nephew and Primecrown [1996] ECR I-5819, paragraphs 33 to 39, and Case C-443/98 Unilever [2000] ECR I-7535, paragraphs 45 to 52). | À cet égard, la Cour a déjà jugé que, si cet article ne précise pas le contenu concret des mesures qui doivent être prises pour s’assurer que les déchets soient gérés sans mettre en danger la santé de l’homme et sans porter préjudice à l’environnement, il n’en reste pas moins que ledit article lie les États membres quant à l’objectif à atteindre, tout en leur laissant une marge d’appréciation dans l’évaluation de la nécessité de telles mesures (voir, par analogie, arrêt du 21 juillet 2016, , C‑104/15, non publié, EU:C:2016:581, point 80 et jurisprudence citée). | 0 |
5,687 | 32. In those circumstances, those concepts must be defined having regard to the wording and context of Article 2 of Directive 2001/29, where the reference to them is to be found and in the light of both the overall objectives of that directive and international law (see, to that effect, SGAE , paragraphs 34 and 35 and case-law cited). | 76 Furthermore, the appellant's argument that the Court of First Instance was in breach of a duty of investigation incumbent upon it must be rejected, since it is common ground that it adopted measures of organisation of procedure to facilitate the taking of evidence and to clarify the arguments of the parties, in accordance with Article 64(2) of its Rules of Procedure. | 0 |
5,688 | 36 It should be noted, however, that the Directive may be relied upon only by persons who are protected in the Member State concerned as workers under national labour law (Danmols Inventar, paragraphs 27 and 28, Redmond Stichting, paragraph 18, and Sánchez Hidalgo, paragraph 24). | 28 IN REPLY TO THE SECOND QUESTION IT MUST THEREFORE BE HELD THAT THE TERM ' EMPLOYEE ' WITHIN THE MEANING OF DIRECTIVE NO 77/187 MUST BE INTERPRETED AS COVERING ANY PERSON WHO , IN THE MEMBER STATE CONCERNED , IS PROTECTED AS AN EMPLOYEE UNDER NATIONAL EMPLOYMENT LAW . IT IS FOR THE NATIONAL COURT TO ESTABLISH WHETHER THAT IS THE CASE IN THIS INSTANCE .
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5,689 | 24. The Court has held previously in that regard that, although Directive 80/987 does not contain any provisions which expressly refer to the claims of employees having been employed in a Member State other than that in which their employer is established, it is nevertheless applicable to such claims and it is therefore necessary to determine the guarantee institution responsible for paying those claims in accordance with the provisions of that directive (see, to that effect, Case C-117/96 Mosbæk [1997] ECR I-5017, paragraphs 16 and 19). | 13 In proceedings under Article 177 of the Treaty the Court may rule neither on the interpretation of national laws or regulations nor on the conformity of such measures with Community law. Consequently, it may neither interpret the provisions of the UrhG nor may it assess their conformity with Community law. The Court may only provide the national court with criteria for interpretation based on Community law which will enable that court to solve the legal problem with which it is faced (judgment in Joined Cases 91 and 127/83 Heineken Brouwerijen v Inspecteurs der Vennootschapsbelasting, Amsterdam and Utrechts [1984] ECR 3435, paragraph 10). | 0 |
5,690 | 99. The Court has already held that the term ‘other legislation’ can refer to both Community legislation and national legislation covering a category of waste mentioned in Article 2(1)(b) of Directive 75/442 provided that such legislation, Community or national, relates to the management of that waste as such and that it results in a level of protection of the environment at least equivalent to that aimed at by that directive (see AvestaPolarit Chrome , cited above, paragraph 61). | 84. As the Court has already held, an advertiser which has selected in an internet referencing service a keyword corresponding to another person’s trade mark intends that internet users who enter that word as a search term should click not only on the links displayed which come from the proprietor of the trade mark, but also on the advertising link of the advertiser ( Google France and Google , paragraph 67). | 0 |
5,691 | 17 Unlike the receipt of dividends by a holding company, in respect of which, in Case C-333/91 Sofitam [1993] I-3513, paragraph 13, the Court held that, not being consideration for an economic activity, it did not fall within the scope of VAT, interest received by a property management company on placements made for its own account of sums paid by co-owners or lessees cannot be excluded from the scope of VAT, since the interest does not arise simply from ownership of the asset, but is the consideration for placing capital at the disposition of a third party. | 9 AN EXCLUSIVE DEALING AGREEMENT MAY ESCAPE THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ) BECAUSE, IN VIEW OF THE WEAK POSITION OF THE PARTIES ON THE MARKET IN THE PRODUCTS IN QUESTION IN THE TERRITORY COVERED BY THE EXCLUSIVE DEALING ARRANGEMENT, IT IS NOT CAPABLE OF HINDERING THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES, EVEN IF IT CREATES ABSOLUTE TERRITORIAL PROTECTION . | 0 |
5,692 | 17 The Kingdom of Spain argues in the three cases that the capital contributions provided to the undertakings in question do not constitute aid within the meaning of Article 92(1) of the Treaty. It considers that the Commission incorrectly applied the private investor test as laid down by the Court (judgments in Case 234/84 Belgium v Commission [1986] ECR 2263, paragraph 14 et seq., and Case 40/85 Belgium v Commission [1986] ECR 2321, paragraph 13 et seq.; Case C-305/89 Italy v Commission [1991] ECR I-1603, paragraph 19 et seq.). In particular, it contests the Commission' s conclusion that privatization of the undertakings was not the most economically advantageous solution. | 43. It follows that the Member States may require the right to deduct to be exercised either during the period in which it arose or over a longer period, subject to compliance with certain conditions and procedures determined by their national legislation. | 0 |
5,693 | 29. In addition, the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C-459/93 Thyssen Haniel Logistic [1995] ECR I-1381, paragraph 13). | 45. Dans un tel réseau national défini par l’État membre, si l’une des régions ne dispose pas, dans une mesure et sur une durée significatives, d’infrastructures suffisantes pour couvrir ses besoins en termes d’élimination des déchets, il peut être déduit que de telles insuffisances graves au niveau régional sont susceptibles d’affecter ledit réseau national d’installations d’élimination des déchets, lequel ne présentera plus le caractère intégré et adéquat requis par la directive 2006/12 et devant permettre à l’État membre concerné de tendre individuellement vers l’objectif d’autosuffisance tel que défini à l’article 5, paragraphe 1, de cette directive (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 68). | 0 |
5,694 | 70. Inasmuch as a citizen of the Union must be granted in all Member States the same treatment in law as that accorded to nationals of those Member States who find themselves in the same situation, it would be incompatible with the right to freedom of movement were a citizen to receive in the Member State of which he is a national treatment less favourable than he would enjoy if he had not availed himself of the opportunities offered by the Treaty in relation to freedom of movement (Case C-224/98 D’Hoop [2002] ECR I-6191, paragraph 30, and Schwarz and Gootjes-Schwarz , paragraph 88). | 128. It follows that this complaint is well founded only if the Commission demonstrates to a sufficient legal standard that the Kingdom of Spain has not taken the appropriate protective measures, consisting in preventing the operational activities of the ‘Feixolín’, ‘Fonfría’, ‘Salguero-Prégame-Valdesegadas’, ‘Ampliación de Feixolín’ and ‘Nueva Julia’ mines, in so far as they took place after the classification of the ‘Alto Sil’ site as an SPA from the year 2000 onwards, from producing deteriorations of the habitats of the capercaillie and disturbances of that species likely to have significant effects having regard to the objective of that directive consisting in ensuring the conservation of that species. | 0 |
5,695 | 73
Although the Court has, admittedly, recognised that an employer is allowed to reorganise its services in order to ensure efficient management of its organisation, it has nonetheless made clear that this is subject to compliance with the applicable provisions of EU law (see, by analogy, as regards the 1995 Framework Agreement, judgment of 20 June 2013, Riežniece, C‑7/12, EU:C:2013:410, paragraph 36). | 36. Consequently, the Framework Agreement on Parental Leave does not preclude a situation where an employer, in the context of the abolishment of a post, proceeds with the assessment of a worker who has taken parental leave with a view to transferring that worker to an equivalent or similar post consistent with that worker’s employment contract or relationship. This also holds true where the employer intends to reduce the number of workers in all of the State administrative departments due to national economic difficulties. An employer is allowed to reorganise its departments in order to ensure efficient management of its organisation, subject to compliance with the applicable rules of European Union law. | 1 |
5,696 | 26. It must be pointed out in this regard that the Court may, of its own motion, on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure, if it takes the view that it lacks sufficient information or that the case should be decided on the basis of an argument which has not been debated between the parties (see Case C-309/99 Wouters and Others [2002] ECR I-1577, paragraph 42, and Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 25). | 22. Par ailleurs, il y a lieu de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑110/00, Rec. p. I‑7545, point 13; du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 25 mars 2010, Commission/Espagne, C‑392/08, Rec. p. I‑2537, point 26). | 0 |
5,697 | 44. The opportunities offered by the Treaty relating to free movement are not fully effective if a person is penalised merely for using them. That consideration is particularly important in the field of education in view of the aims pursued by Article 3(1)(q) EC and the second indent of Article 149(2) EC, namely encouraging mobility of students and teachers (see Case C-224/98 D’Hoop [2002] ECR I-6191, paragraphs 30 to 32). | 40
That analysis is supported by the fact that the sale of the goods generally takes place in a different setting depending on the brands to which they belong. In that regard, the Court has already held that a brand is often, in addition to being an indication of the origin of the goods or services, an instrument of commercial strategy used for, inter alia, advertising purposes or to acquire a reputation in order to develop consumer loyalty (judgment in Interflora and Interflora British Unit, C‑323/09, EU:C:2011:604, paragraph 39). | 0 |
5,698 | 16 Articles 85 and 86 of the Treaty per se are concerned only with the conduct of undertakings and not with national legislation of Member States. The Court has consistently held, however, that Articles 85 and 86, in conjunction with Article 5 of the Treaty, require the Member States not to introduce or maintain in force measures, even of a legislative nature, which may render ineffective the competition rules applicable to undertakings. Such would be the case, the Court has held, if a Member State were to require or favour the adoption of agreements, decisions or concerted practices contrary to Article 85 or to reinforce their effects, or to deprive its own rules of the character of State legislation by delegating to private traders responsibility for taking decisions affecting the economic sphere (see the judgment in Case 267/86 Van Eycke v ASPA [1988] ECR 4769, paragraph 16, and, most recently, the judgment in Case C-332/89 Marchandise and Others [1991] ECR I-1027, paragraph 22). | 42 The Commission' s amendments to its proposal thus did not affect the very essence of the Regulation taken as a whole, and therefore did not make it necessary for the Parliament to be consulted anew. | 0 |
5,699 | 52. That is the case where a non-resident who has no significant income in his Member State of residence and gains the main part of his taxable income from an activity carried on in the Member State of employment is in a comparable situation to that of residents of the latter State because the Member State of residence is not in a position to grant him the advantages resulting from the taking into account of his personal and family circumstances. Consequently, as regards his tax treatment, he must be treated as resident in the Member State of employment, and that State must grant him the tax advantages it allows to residents (see, inter alia, Schumacker , paragraphs 36 and 37, and Gschwind , paragraph 27). | 27. Next, it must be pointed out that the requirement that litigation should not be prohibitively expensive concerns all the costs arising from participation in the judicial proceedings (see, to that effect, Commission v Ireland , paragraph 92). | 0 |
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