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6,000 | 63. In so far as vitamins or minerals are usually defined as substances which, in minute quantities, form an essential part of the daily diet and are indispensable for the proper functioning of the body, they cannot, as a general rule, be regarded as medicinal products when they are consumed in small quantities. Similarly, it is a fact that vitamin preparations or preparations containing minerals are sometimes used, generally in large doses, for therapeutic purposes in combating certain diseases other than those of which the morbid cause is a vitamin or mineral deficiency. In such cases, it is beyond dispute that those preparations constitute medicinal products (see, in respect of vitamins, Van Bennekom , paragraphs 26 and 27). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
6,001 | 27. As the Court stated in Specht and Others (C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraphs 34 and 35), it is necessary to draw a distinction between the term ‘pay’ as used in Article 153(5) TFEU and the same term as used in the phrase ‘conditions, including … pay’ in Article 3(1)(c) of Directive 2000/78, the latter term forming part of employment conditions and not relating directly to the setting of the level of pay. Accordingly, the national rules governing the methods of allocating the amount of pay for each grade and step cannot be severed from the material scope of Directive 2000/78. | 25. Toutefois, ainsi qu’il a été constaté aux points 18 à 21 du présent arrêt, à l’expiration du délai imparti dans l’avis motivé, les agglomérations d’Igoumenitsa, d’Héraklion (Crète), de Naupacte, de Parikia (Paros), de Thessalonique (zone touristique) et de Zante ne disposaient pas de systèmes permettant de collecter la totalité des eaux urbaines résiduaires rejetées par ces agglomérations. L’obligation de soumettre la totalité des rejets à un traitement secondaire ou équivalent, prévue à l’article 4, paragraphe 1, de la directive 91/271, n’était donc a fortiori pas remplie (voir, en ce sens, arrêt du 19 avril 2007, Commission/Espagne, C‑219/05, non publié au Recueil, points 19, 20 et 23). | 0 |
6,002 | 42. In that regard, whilst this provision is primarily designed to prevent the proprietor of a trade mark from prohibiting competitors from using one or more descriptive terms forming part of his trade mark in order to indicate certain characteristics of their products (see, for example, Joined Cases C‑108/97 and C‑109/97 Windsurfing Chiemsee [1999] ECR I‑2779, paragraph 28), its wording is in no way specific to such a situation. | 52 As to that point, it should be observed that it is normally for the person alleging facts in support of a claim to adduce proof of such facts. Thus, in principle, the burden of proving the existence of sex discrimination in the matter of pay lies with the worker who, believing himself to be the victim of such discrimination, brings legal proceedings against his employer with a view to having the discrimination removed (see Case C-127/92 Enderby [1993] ECR I-5535, paragraph 13). | 0 |
6,003 | 74. It is appropriate to interpret the grounds for refusal of registration listed in Article 7(1) of Regulation No 40/94 in the light of the general interest underlying each of them (C‑37/03 P BioID v OHIM [2005] ECR I‑7975, paragraph 59 and the case-law there cited). | 54. Having found that there was no similarity between the earlier mark and the mark applied for, the Court of First Instance correctly concluded that there was no likelihood of confusion, whatever the reputation of the earlier mark and regardless of the degree of identity or similarity of the goods or services concerned. | 0 |
6,004 | 25. The Council and the interveners, after recalling that the provisions of Chapter 3 of Title II of the EAEC Treaty, which include Articles 31 EA and 32 EA, are to be interpreted broadly in order to give them practical effect (judgments in Parliament v Council , C‑70/88, EU:C:1991:373, paragraph 14; Commission v Council , C‑29/99, EU:C:2002:734, paragraphs 78 to 80, and ČEZ , C‑115/08, EU:C:2009:660, paragraphs 100 and 112), argue that, having regard to the purpose and content of the contested Directive, it was correctly based on Articles 31 EA and 32 EA.
Findings of the Court | 50. The mere fact that a need for replacement staff may be satisfied through the conclusion of contracts of indefinite duration does not mean that an employer who decides to use fixed-term contracts to address temporary staffing shortages, even where those shortages are recurring or even permanent, is acting in an abusive manner, contrary to clause 5(1) of the FTW Framework Agreement and the national legislation implementing that agreement. | 0 |
6,005 | 27 Moreover, since the Court' s judgment in the Bilka case included no limitation of its effects in time, the direct effect of Article 119 can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the Defrenne judgment in which the Court held for the first time that Article 119 has direct effect. | 81. In a later case concerning a Commission decision finding that there had been abuse of a dominant position yet not imposing a fine, the Court held that the failure on the part of the General Court to adjudicate within a reasonable time can give rise to a claim for damages ( Der Grüne Punkt – Duales System Deutschland v Commission , paragraph 195). | 0 |
6,006 | 34. With regard to the scope of Article 18(1) EC, the Court has already held that the opportunities offered by the Treaty in relation to freedom of movement could not be fully effective if nationals of a Member State could be deterred from availing themselves of them by obstacles raised to their residence in the host Member State by the legislation of another State penalising the fact that they have used them (see, to that effect, Case C‑224/02 Pusa [2004] ECR I-5763, paragraph 19; Tas‑Hagen and Tas , paragraph 30; and Nerkowska , paragraph 31). | 40. Nor has the Council infringed the principle of relative stability by excluding the Kingdom of Spain from that allocation, given the absence of Spanish vessels from those two seas during the transitional period. | 0 |
6,007 | 55. In that context, the Court pointed out that a football club's links with the Member State in which it is established cannot be regarded as any more inherent in its sporting activity than are its links with its locality, town or region. Even though national championships are played between clubs from different regions, towns or localities, there is no rule restricting the right of clubs to field players from other regions, towns or localities in such matches. Moreover, in international competitions participation is limited to clubs which have achieved certain sporting results in their respective countries, without any particular significance being attached to the nationalities of their players (Bosman , paragraphs 131 and 132). | 51. It remains necessary to ascertain whether the measure is necessary and proportionate in relation to the objective of protecting human health. | 0 |
6,008 | 153
On the other hand, there is no provision in Regulation No 384/96 relating to the measures to be taken, during the course of the investigation, if the support of the producers for the complaint falls, so that the Council and the Commission must be able to continue with the investigation, including where the degree of support for it falls and even if such a fall means that that support corresponds to a level of production which is below one of the two thresholds laid down in Article 5(4) of the regulation (see, to this effect, judgment in Philips Lighting Poland and Philips Lighting v Council, C‑511/13 P, EU:C:2015:553, paragraphs 51 to 54). | 27 It should be noted that, under the provisions applicable to its proceedings, the Court of Auditors is not bound to submit draft reports to third parties under the same conditions which apply in the case of Community institutions or to publish the replies of those concerned following publication of its reports. The procedure provided for under Articles 188c(4) of the EC Treaty (now, after amendment, Article 248(4) EC) and Article 206 of the Treaty is intended to contribute to improving the financial management of the Community by providing for reports to be transmitted to the institutions and for the latter to respond to them. Involvement of third parties in that procedure would not contribute to attainment of the objective pursued. | 0 |
6,009 | 61 The fact that there is no information at all about those three regions in the documents before the Court may be regarded as sufficient evidence of failure to comply with Article 6 of the directive. As regards the other regions and autonomous provinces, it was incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and to place before the Court the information needed to enable it to determine whether the obligation has not been fulfilled (see, in particular, Case C-263/99 Commission v Italy [2001] ECR I-4195, paragraph 27). | 32. It follows from that conclusion that it is irrelevant, for a finding of an infringement of the distribution right, that such advertising is not followed by the transfer of ownership of the protected work or a copy thereof to the purchaser. | 0 |
6,010 | 31 As the Court acknowledged in paragraph 58 of Schindler, those objectives must be considered together. They concern the protection of the recipients of the service and, more generally, of consumers as well as the maintenance of order in society and have already been held to rank among those objectives which may be regarded as constituting overriding reasons relating to the public interest (see Joined Cases 110/78 and 111/78 Ministère Public v Van Wesemael [1979] ECR 35, paragraph 28, Case 220/83 Commission v France [1986] ECR 3663, paragraph 20, and Case 15/78 Société Générale Alsacienne de Banque v Koestler [1978] ECR 1971, paragraph 5). Moreover, as held in paragraph 29 of this judgment, measures based on such reasons must be suitable for securing attainment of the objectives pursued and not go beyond what is necessary to attain them. | 18. It is also apparent both from those recitals and from the title of Directive 92/81 that those common definitions and the exemptions laid down are intended to promote the proper functioning of the internal market and to set up a harmonised system in respect of the structures of excise duties on mineral oils at Community level. | 0 |
6,011 | 36
It should be noted in that regard that the mere fact that the Commission enjoys a power of external representation of the Union under Article 17(1) TEU is not sufficient to address the issue, raised by the Council’s first plea in law, of whether the principle of conferral of powers laid down in Article 13(2) TEU required the Commission to obtain the Council’s approval before signing the 2013 Addendum on behalf of the Union (see, by analogy with regard to Article 335 TFEU, judgment of 6 October 2015 in Council v Commission, C‑73/14, EU:C:2015:663, paragraphs 59 and 60). | 18. En l’occurrence, il est constant que les plans de réception et de traitement des déchets que les États membres ont l’obligation d’établir, selon l’article 5 de la directive, sont destinés à assurer la transposition effective de la directive. | 0 |
6,012 | 25. Il y a lieu de relever, ensuite, que, si le droit de se prévaloir du principe de protection de la confiance légitime s’étend à tout justiciable dans le chef duquel une institution de l’Union européenne a fait naître des espérances fondées du fait d’assurances précises qu’elle lui aurait fournies, nul ne peut en revanche se prévaloir d’une violation de ce principe en l’absence d’assurances précises que lui aurait fournies une telle institution (voir, en ce sens, arrêt Grèce/Commission, C‑321/09 P, EU:C:2011:218, point 45 et jurisprudence citée). | 45. Il y a lieu de rappeler, à cet égard, que le droit de se prévaloir du principe de protection de la confiance légitime s’étend à tout justiciable dans le chef duquel une institution de l’Union européenne a fait naître des espérances fondées du fait d’assurances précises qu’elle lui aurait fournies (voir, en ce sens, arrêts du 25 octobre 2007, Komninou e.a./Commission, C‑167/06 P, point 63, ainsi que du 17 septembre 2009, Commission/Koninklijke FrieslandCampina, C‑519/07 P, Rec. p. I‑8495, point 84). En revanche, nul ne peut se prévaloir d’une violation de ce principe en l’absence d’assurances précises que lui aurait fournies une institution de l’Union (voir, notamment, arrêt du 22 juin 2006, Belgique et Forum 187/Commission, C‑182/03 et C‑217/03, Rec. p. I‑5479, point 147). | 1 |
6,013 | 32. Therefore, in order to ensure the protection of the rights conferred by the trade mark and to make possible the further marketing of goods bearing a trade mark without the proprietor of the trade mark being able to oppose that, it is essential that the proprietor can control the first placing of those goods on the market in the EEA, irrespective of the fact that they may have first been marketed outside that area (see, to that effect, Sebago and Maison Dubois , paragraphs 20 and 21; Zino Davidoff and Levi Strauss , paragraph 33; Van Doren + Q , paragraph 26; and Peak Holding , paragraphs 36 and 37). | 90. The argument put forward by the German Government maintaining the contrary is, therefore, unfounded. | 0 |
6,014 | 32. The Court has also stated that given that any limitation on the right of deduction of VAT affects the level of the tax burden and must be applied in a similar manner in all the Member States, derogations are permitted only in the cases expressly provided for in the Sixth Directive (see, to that effect, BP Soupergaz , paragraph 18, and Joined Cases C-177/99 and C‑181/99 Ampafrance and Sanofi [2000] ECR I-7013, paragraph 34). However, such derogations can only be transitional in nature, as the objective of Article 28(4) of the Sixth Directive is their abolition (see, to that effect, Case C-136/97 Norbury Developments [1999] ECR I‑2491, paragraph 20; Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 32; Case C-345/99 Commission v France [2001] ECR I‑4493, paragraph 21; and Case C-240/05 Eurodental [2006] ECR I‑11479, paragraph 52). | 23. Species changes involving loss of ecosystem biodiversity, nuisances due to the proliferation of opportunistic macroalgae and severe outbreaks of toxic or harmful phytoplankton therefore constitute an undesirable disturbance of the balance of organisms present in the water. | 0 |
6,015 | 42. Furthermore, it is important to bear in mind that, where a charge has been wrongly levied under Community law and it is established that only part of the charge has been passed on, the national authorities must repay the amount not passed on (Joined Cases C-192/95 to C‑218/95 Comateb and Others [1997] ECR I-165, paragraphs 27 and 28). However, even where the charge is wholly incorporated in the price, the taxable person may suffer as a result of a fall in the volume of his sales (see, to that effect, Comateb and Others , paragraphs 29 and 30, and Michaïlidis , paragraphs 34 and 35). | 35. The second scenario, by contrast, concerns cases which, as rightly pointed out by the Commission, are not covered by the Directive because the differences between the fields of activity are so great that in reality the full programme of education and training is required. Viewed objectively, this is a factor which is liable to discourage the party concerned from pursuing, in another Member State, one or more activities for which he is qualified. | 0 |
6,016 | 42. The questions referred are, however, based on the assumption that there was no genuine and serious threat to public policy. Failure to comply with legal formalities pertaining to aliens’ access, movement and residence does not by itself constitute a threat to public policy or security (see Royer , paragraph 47, and MRAX , paragraph 79). | 31. WML took part in the hearing and had the opportunity to reply orally to the observations of the National Tax and Customs Authority. Also, the Court considers that it has sufficient information regarding the circumstances of the dispute in the main proceedings to give a useful answer to the questions asked by the referring court, to which it in any event falls to assess those circumstances in order to decide the case before it (see inter alia, to this effect, judgment in Gauweiler and Others , C‑62/14, EU:C:2015:400, paragraph 15). | 0 |
6,017 | 61. The Court has thus held, in particular, that an applicant may retain an interest in claiming the annulment of a decision either in order to be restored to his original position (Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraph 32) or in order to induce the author of the contested act to make suitable amendments in the future, and thereby avoid the risk that the unlawfulness alleged in respect of that act will be repeated (see, to that effect, Simmenthal v Commission , paragraph 32; Case 53/85 AKZO Chemie and AKZO Chemie UK v Commission [1986] ECR 1965, paragraph 21; Wunenburger v Commission , paragraph 50; and Abdulrahim v Council and Commission , paragraph 63). | 31 In contributory schemes, funding is provided through the contributions made by the employees and those made by the employers. The contributions made by the employees are an element of their pay since they are deducted directly from an employee' s salary, which by definition is pay (see the judgment in Case 69/80 Worringham and Humphreys v Lloyds Bank [1981] ECR 767). The amount of those contributions must therefore be the same for all employees, male and female, which is indeed so in the present case. This is not so in the case of the employer' s contributions which ensure the adequacy of the funds necessary to cover the cost of the pensions promised, so securing their payment in the future, that being the substance of the employer' s commitment. | 0 |
6,018 | 47. It is settled case-law that European Union law cannot be relied on for abusive or fraudulent ends and that the national courts may, case by case, take account – on the basis of objective evidence – of abuse or fraudulent conduct on the part of the persons concerned in order, where appropriate, to deny them the benefit of the provisions of that law (see, inter alia, Case C-212/97 Centros [1999] ECR I-1459, paragraph 25; Case C-255/02 Halifax and Others [2006] ECR I-1609, paragraph 68; and Case C-16/05 Tum and Dari [2007] ECR I-7415, paragraph 64). | 49 Finally, as the Court pointed out in Hoffmann-La Roche, the trade mark owner must be given advance notice of the repackaged product being put on sale. The owner may also require the importer to supply him with a specimen of the repackaged product before it goes on sale, to enable him to check that the repackaging is not carried out in such a way as directly or indirectly to affect the original condition of the product and that the presentation after repackaging is not such as to damage the reputation of the trade mark. Similarly, such a requirement affords the trade mark owner a better possibility of protecting himself against counterfeiting. | 0 |
6,019 | 41. In fact, the corresponding provisions, the purpose of which is to guarantee the official’s right of defence (see, inter alia, Case 88/71 Brasseur v Parliament [1972] ECR 499, paragraph 11, and Case 233/85 Bonino v Commission [1987] ECR 739, paragraph 11), relate to documents which already exist. They preclude, during the appraisal procedure, such documents from being taken into account to the detriment of the official under appraisal without having been communicated to him before being placed on his personal file. They do not require documents formalising any criticism of the conduct of the individual concerned to be prepared beforehand. | 31. À titre préliminaire, il y a lieu de rappeler que la directive 89/106 a pour objet principal d’éliminer les obstacles aux échanges en créant des conditions permettant aux produits de construction d’être librement commercialisés à l’intérieur de la Communauté européenne. À cette fin, cette directive précise les exigences essentielles auxquelles doivent satisfaire les produits de construction et qui sont mises en œuvre par des normes harmonisées et des normes nationales de transposition, par des agréments techniques européens et par des spécifications techniques nationales reconnues au niveau communautaire. Selon l’article 6, paragraphe 1, de ladite directive, les États membres ne font pas obstacle à la libre circulation, à la mise sur le marché ou à l’utilisation sur leur territoire des produits qui satisfont aux dispositions de la même directive. | 0 |
6,020 | 56 Moreover, the Court implicitly acknowledged that the E 101 certificate may produce retroactive effects when it held that the option which Article 17 of Regulation No 1408/71 confers on Member States to agree, in the interest of a worker, to apply a legislation different from that designated by Articles 13 to 16 also applies in respect of periods that have already expired (Case 101/83 Raad van Arbeid v Brusse [1984] ECR 2223, paragraphs 20 and 21; Case C-454/93 Rijksdienst voor Arbeidsvoorziening v Van Gestel [1995] ECR I-1707, paragraph 29). Articles 11 and 11a of Regulation No 574/72 also provide that, in such a situation, an E 101 certificate is to be issued. | 39 Articles 5 to 7 of the Directive embody a complete harmonisation of the rules relating to the rights conferred by a trade mark and accordingly define the rights of proprietors of trade marks in the Community (Silhouette, cited above, paragraphs 25 and 29). | 0 |
6,021 | 26 It must be borne in mind at the outset that, where the Commission enjoys substantial freedom of assessment, as it does when applying Article 92 of the Treaty, the Court, in considering whether that freedom was lawfully exercised, cannot substitute its own assessment for that of the competent authority but must restrict itself to examining whether that authority's assessment is vitiated by a manifest error or misuse of powers (see, in particular, Case 57/72 Westzucker v Einfuhr- und Vorratsstelle für Zucker [1973] ECR 321, paragraph 14, and Case C-169/95 Spain v Commission [1997] ECR I-135, paragraph 34). | 19 As the recitals in the preamble indicate, the Directive aims at encouraging the free movement of capital which is regarded as essential for the creation of an economic union whose characteristics are similar to those of a domestic market. As far as concerns taxes on the raising of capital the pursuit of such an objective presupposes the abolition of indirect taxes in force in the Member States until then and imposing in place of them a duty charged only once in the common market and at the same level in all the Member States. | 0 |
6,022 | 29
A taxable person also has a right to deduct even where there is no direct and immediate link between a particular input transaction and an output transaction or transactions giving rise to the right to deduct, where the costs of the services in question are part of his general costs and are, as such, components of the price of the goods or services which he supplies. Such costs do have a direct and immediate link with the taxable person’s economic activity as a whole (see, in particular, judgments of 29 October 2009, SKF, C‑29/08, EU:C:2009:665, paragraph 58, and of 18 July 2013, AES-3C Maritza East 1, C‑124/12, EU:C:2013:488, paragraph 28). | 22 It must also be considered that at the time when the worker applies for a residence permit pursuant to Directive 68/360/EEC he might no longer be in possession of the document with which he entered the territory of the host Member State. It would therefore be contrary to the principal of freedom of movement for workers if that Member State could make the issue of the residence permit conditional on production of that same document. | 0 |
6,023 | 20. In that regard, the Court notes that, in the context of the cooperation between the Court and the national courts provided for by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequ ent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia, Case C‑306/99 BIAO [2003] ECR I‑1, paragraph 88; Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 16; and Case C‑260/07 Pedro IV Servicios [2009] ECR I‑0000, paragraph 28). | 114. If the Commission did not have such a power, undertakings might be able to take advantage of late payments, thereby weakening the effect of penalties. | 0 |
6,024 | 65. It is the Member State wishing to rely on an objective capable of justifying the restriction of the freedom to provide services which must supply the court called on to rule on that question with all the evidence of such a kind as to enable the court to be satisfied that the measure does indeed comply with the requirements deriving from the principle of proportionality (see judgments in Dickinger and Ömer , C‑347/09, EU:C:2011:582, paragraph 54, and in Pfleger and Others , C‑390/12, EU:C:2014:281, paragraph 50). | 5THE APPLICANTS HAVE NEVER CONTESTED THEIR INITIAL CLASSIFICATION AS LOCAL STAFF .
| 0 |
6,025 | 34. First of all, a request for clarification of a tender, which may not be made until after the contracting authority has looked at all the tenders, must, as a general rule, be sent in an equivalent manner to all tenderers in the same situation (see, to that effect, SAG ELV Slovensko and Others , paragraphs 42 and 43). | 16 THESE REQUIREMENTS MAY NOT LEAD TO SUCH CONTRADICTORY CONSEQUENCES AS THE DUTY TO ACT WITHIN A SHORT PERIOD IN THE FIRST CASE AND THE ABSENCE OF ANY LIMITATION IN TIME IN THE SECOND . | 0 |
6,026 | 46. The Court has accordingly held that where a Union citizen has resided with a family member who is a third‑country national in a Member State other than the Member State of which he is a national for a period exceeding two and a half years and one and half years respectively, and was employed there, that third‑country national must, when the Union citizen returns to the Member State of which he is a national, be entitled, under Union law, to a derived right of residence in the latter State (see Singh , paragraph 25, and Eind , paragraph 45). If that third‑country national did not have such a right, a worker who is a Union citizen could be discouraged from leaving the Member State of which he is a national in order to pursue gainful employment in another Member State simply because of the prospect for that worker of not being able to continue, on returning to his Member State of origin, a way of family life which may have come into being in the host Member State as a result of marriage or family reunification (see Eind , paragraphs 35 and 36, and Iida , paragraph 70). | 112. Moreover, the lack of any possibility of recoupment of losses is not sufficient to prevent the undertaking concerned reinforcing its dominant position, in particular, following the withdrawal from the market of one or a number of its competitors, so that the degree of competition existing on the market, already weakened precisely because of the presence of the undertaking concerned, is further reduced and customers suffer loss as a result of the limitation of the choices available to them. | 0 |
6,027 | 30 In that context, it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (AC-ATEL Electronics Vertriebs, cited above, paragraph 17). | 40. In the light of the foregoing, the answer to Question 1 and Question 2(a) is that the concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29, must be interpreted as meaning that it covers a retransmission of the works included in a terrestrial television broadcast
– where the retransmission is made by an organisation other than the original broadcaster,
– by means of an internet stream made available to the subscribers of that other organisation who may receive that retransmission by logging on to its server,
– even though those subscribers are within the area of reception of that terrestrial television broadcast and may lawfully receive the broadcast on a television receiver.
Question 2(b) | 0 |
6,028 | 53 However, in view of the account of the facts in the decision at issue, the status as negotiators with regard to the social aspects within SFP, relied upon by the appellants, constitutes only a tenuous link with the actual subject-matter of that decision, so that the position of the appellant is not comparable to that in Van der Kooy v Commission and CIRFS and Others v Commission, cited above. | 37 The answer to the second question must therefore be that failure on the part of the customs authorities to observe the time-limits laid down in Articles 3 and 5 of Regulation No 1854/89 when taking action for the post-clearance recovery of the countervailing charge does not nullify the right of those authorities to proceed with such post-clearance recovery, provided that it is carried out within the time-limit laid down in Article 2(1) of Regulation No 1697/79. | 0 |
6,029 | 29. The restriction can therefore be justified only by overriding reasons in the public interest. It is further necessary, in such a case, that the restriction be appropriate for ensuring the attainment of the objective that it pursues and not go beyond what is necessary to attain it (judgment in Nordea Bank Danmark , C‑48/13, EU:C:2014:2087, paragraph 25 and the case-law cited). | 38 It is sufficient to observe, as regards those submissions, that the doorstep-selling directive is, as pointed out earlier, designed to protect consumers against the risks arising from the conclusion of contracts away from the trader's premises and, second, that that protection is assured by the introduction of a right of cancellation. | 0 |
6,030 | 19. Second, Article 128 of the EEC Treaty concerns vocational training, which includes university education (see Case 24/86 Blaizot and Others [1988] ECR 379, paragraphs 15 to 20; Case 242/87 Commission v Council [1989] ECR 1425, paragraph 25; Case C-147/03 Commission v Austria [2005] ECR I-5969, paragraph 33; and C-40/05 Lyyski [2007] ECR I‑99, paragraph 29). To the extent that Article 126 of the EC Treaty was relied upon essentially because of the competence of the Member States for the content of teaching and the organisation of education systems and with reference to the objectives of Community policy within the education sector, it must be pointed out that, at the time of the facts in the main proceedings, the Member States were competent for educational organisation and policy, as is evident from the judgment in Case 293/83 Gravier [1985] ECR 593, paragraph 19, and that Community policy in the education sector already sought to facilitate the mobility of teachers. | 37. It is apparent from recitals 3 and 4 in the preamble to Directive 2004/38 that the aim of the directive is to remedy the sector-by‑sector piecemeal approach to the right of freedom of movement and residence in order to facilitate the exercise of this right by providing a single legislative act codifying and revising the instruments of European Union law which preceded the directive. | 0 |
6,031 | 83. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 40. Nor has the Council infringed the principle of relative stability by excluding the Kingdom of Spain from that allocation, given the absence of Spanish vessels from those two seas during the transitional period. | 0 |
6,032 | 71. The Court has no jurisdiction to give a ruling on the facts in an individual case or to apply the rules of Community law which it has interpreted to national measures or situations, since those questions are matters for the exclusive jurisdiction of the national court (Joined Cases C-175/98 and C-177/98 Lirussi and Bizzaro [1999] ECR I-688 1, paragraphs 37 and 38). | 23 AS THE DEFENDANT IN THE MAIN PROCEEDINGS AND THE COMMISSION HAVE RIGHTLY CONTENDED , THE ADOPTION OF A MEASURE BY A PUBLIC AUTHORITY MAKING AN AGREEMENT BINDING ON ALL THE TRADERS CONCERNED , EVEN IF THEY WERE NOT PARTIES TO THE AGREEMENT , CANNOT REMOVE THE AGREEMENT FROM THE SCOPE OF ARTICLE 85 ( 1 ).
| 0 |
6,033 | 38. In regard to the national court’s observation that the priority purpose pursued by the national legislature on adoption of Paragraph 1(a) of the AEntG is to protect the national job market rather than remuneration of the worker, it should be pointed out that it is for that court to verify whether, on an objective view, the legislation at issue in the main proceedings secures the protection of posted workers. It is necessary to determine whether those rules confer a genuine benefit on the workers concerned, which significantly augments their social protection. In this context, the stated intention of the legislature may lead to a more careful assessment of the alleged benefits conferred on workers by the measures which it has adopted ( Portugaia Construções , paragraphs 28 and 29 and case law cited). | 48 It should be remembered that acts of the Community institutions are in principle presumed to be lawful and accordingly produce legal effects, even if they are tainted by irregularities, until such time as they are annulled or withdrawn. | 0 |
6,034 | Par conséquent, si la lettre de mise en demeure a pour but de circonscrire l’objet du litige, lequel ne peut plus être étendu
par la suite, l’avis motivé et la requête devant reposer sur les mêmes griefs, la Commission est toutefois libre de se fonder
par la suite sur des mesures ultérieures qui s’apparentent, pour l’essentiel, aux mesures contestées dans la mise en demeure
(voir, en ce sens, arrêts et du 18 mai 2006, Commission/Espagne, C‑221/04, non publié, EU:C:2006:329, point 37, du 6 septembre
2012, Commission/Portugal, C‑38/10, non publié, EU:C:2012:521, point 15, du 25 février 2016, Commission/Espagne, C‑454/14,
non publié, EU:C:2016:117, point 25). | 45. However, it is clear from paragraph 20 of the same judgment that, in the absence of any claim that the court second seised had exclusive jurisdiction in the main proceedings, the Court of Justice simply declined to prejudge the interpretation of Article 21 of the Convention in the hypothetical situation which it specifically excluded from its judgment. | 0 |
6,035 | 25. The Court has also consistently held that the exemptions in Article 13A of the Sixth Directive are not aimed at exempting from VAT every activity performed in the public interest, but only those which are listed and described in great detail in it (see, in particular, Case 107/84 Commission v Germany [1985] ECR 2655, paragraph 17; Case C‑307/01 D’Ambrumenil and Dispute Resolution Services [2003] ECR I‑13989, paragraph 54; and Eulitz , paragraph 26, and the case-law cited). | 8 If that objective characteristic can be established at the time of customs clearance, the fact that it may also be possible to envisage another use for the garments will not preclude them from being classified for legal purposes as pyjamas. | 0 |
6,036 | 62. Finally, the review of legality is supplemented by the unlimited jurisdiction which the EU Courts were afforded by Article 17 of Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition 1959 to 1962, p. 87) and which is now recognised by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the Courts, in addition to carrying out a mere review of the lawfulness of the penalty, to substitute their own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed ( Chalkor v Commission , paragraph 63 and case‑law cited). | 53. In that regard, it must first be observed that the FEU Treaty, which contains no definition of monetary policy, refers, in its provisions relating to that policy, to the objectives, rather than to the instruments, of monetary policy. | 0 |
6,037 | 64. It follows that Article 15(2) of Regulation No 17 constitutes the relevant legal basis for taking repeated infringement into consideration in calculating the fine (see, to that effect, Groupe Danone v Commission , paragraphs 27 to 29). | 27 In Case C-201/94 Smith & Nephew and Primecrown [1996] ECR I-5819, paragraph 21, the Court stated again that the Directive cannot apply to a medicinal product covered by a marketing authorisation in one Member State which is being imported into another Member State as a parallel import of a product already covered by a marketing authorisation in that other Member State, because the imported medicinal product cannot, in such a case, be regarded as being placed on the market for the first time in the Member State of importation. | 0 |
6,038 | 37. It is not disputed by the parties in the main proceedings that the three-stripe logo registered by adidas is a trade mark with a reputation. Moreover, it is common ground that the legislation applicable in the Netherlands includes the rule referred to in Article 5(2) of the Directive. Moreover, the Court has stated that Article 5(2) of the Directive also applies in respect of goods and services identical with or similar to those covered by the registered mark (see, to that effect, Case C‑292/00 Davidoff [2003] ECR I‑389, paragraph 30, and Case C‑408/01 Adidas-Salomon and Adidas Benelux [2003] ECR I-12537, paragraphs 18 to 22). | 64. It follows from the foregoing that the General Court erred in law by finding, at paragraph 157 of the judgment under appeal, that it is exclusively for the Commission, in exercising its power to impose fines under Article 23(2) of Regulation No 1/2003, ‘to determine the respective shares of the various companies of the fines imposed on them jointly and severally, in so far as they formed part of the same undertaking, and [that] that task cannot be left to the national courts’. | 0 |
6,039 | 68
However, in Case C‑67/15, the referring court has not provided the Court with the findings of fact needed to establish that there is certain cross-border interest. As is clear from Article 94 of the Rules of Procedure, a request for a preliminary ruling must contain a summary of the facts on which the questions are based and indicate the connection, inter alia, between those facts and the questions. Accordingly, the findings of fact enabling the Court to ascertain whether there is certain cross-border interest should be made by the referring court before the questions are referred to the Court (see, to that effect, judgment of 17 December 2015 in UNIS and Beaudout Père et Fils, C‑25/14 and C‑26/14, EU:C:2015:821, paragraph 28). | 56. Regulations Nos 45/2001 and 1049/2001 were adopted on dates very close to each other. They do not contain any provisions granting one regulation primacy over the other. In principle, their full application should be ensured. | 0 |
6,040 | 103. It should first be recalled that abolishing unlawful aid by means of recovery is the logical consequence of a finding that it is unlawful. Consequently, the recovery of State aid unlawfully granted, for the purpose of restoring the previously existing situation, cannot in principle be regarded as disproportionate to the objectives of the Treaty in regard to State aids (see Tubemeuse , cited above, paragraph 66, and Case C‑169/95 Spain v Commission [1997] ECR I‑135, paragraph 47). | 73. No argument has been put forward which would justify giving the "standstill" clause relating to freedom of movement for workers a narrower scope than that given to the same clause relating to freedom of establishment and freedom to provide services. | 0 |
6,041 | 84
Accordingly, the Commission must assess, in each specific case and having regard both to the context and the objectives pursued by the scheme of penalties created by Regulation No 1/2003, the intended consequences for the undertaking in question, taking into account the turnover which reflects the undertaking’s real economic situation during the period in which the infringement was committed (see judgment in Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 144). | 39. It is common ground that the applicant in the main proceedings is a national of a Member State and, in her capacity as citizen of the Union, has made use of the freedom to move to and reside in another Member State. She is therefore entitled to rely on the freedoms conferred by Article 21 TFEU on all citizens of the Union. | 0 |
6,042 | 26 In order to determine whether a difference in tax treatment such as that resulting from Article 109 of the Code is discriminatory, it is necessary to ascertain whether, for the purposes of the taxation of profits earned in Greece, a company having its seat in Greece and a branch established in Greece of a company having its seat in another Member State are in an objectively comparable situation. It is settled case-law that discrimination consists in the application of different rules to comparable situations or in the application of the same rule to different situations (see, for example, Schumacker, cited above, paragraph 30; Wielockx, cited above, paragraph 17; and Asscher, cited above, paragraph 40). | 69. Although the criterion of nutritional need of the population of a Member State can play a role in its detailed assessment of the risk which the addition of nutrients to foodstuffs may pose for public health, the absence of such a need cannot, by itself, justify a total prohibition, on the basis of Article 36 of the Treaty, of the marketing of foodstuffs lawfully manufactured and/or marketed in other Member States (see Commission v Denmark , paragraph 54; and Commission v France , paragraphs 59 and 60). | 0 |
6,043 | 29. The Court has also held that the principle that VAT should be neutral as regards the tax burden on a business requires that the first investment expenditure incurred for the purposes of and with the view to commencing a business must be regarded as an economic activity and that it would be contrary to that principle if such an activity did not commence until the property was actually exploited, that is to say until it began to yield taxable income. Any other interpretation would burden the trader with the cost of VAT in the course of his economic activity without allowing him to deduct it and would create an arbitrary distinction between investment expenditure incurred before actual exploitation of immovable property and expenditure incurred during exploitation (see, inter alia, Rompelman , paragraph 23, and INZO , paragraph 16). | 49 Essentially, the appeal raises the question whether, where several similar individual decisions imposing fines have been adopted pursuant to a common procedure and only some addressees have taken legal action and obtained annulment, the institution which adopted them must, at the request of other addressees, re-examine the legality of the unchallenged decisions in the light of the grounds of the annulling judgment and determine whether, following such a re-examination, the fines paid must be refunded. | 0 |
6,044 | 24. In that respect, it is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity to comply with its obligations under Community law, on the one hand, and on the other to avail itself of its right to defend itself against the objections formulated by the Commission (see, inter alia, Case C‑152/98 Commission v Netherlands [2001] ECR I‑3463, paragraph 23, and Case C‑29/04 Commission v Austria [2005] ECR I-9705, paragraph 25). | 25. It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission (see, inter alia, Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 23, and Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 10). | 1 |
6,045 | 35. Second, Regulation No 1768/92, which was adopted on the basis of Article 100a of the EEC Treaty (subsequently Article 100a of the EC Treaty, and now, after amendment, Article 95 EC), establishes, as is apparent from the sixth and seventh recitals in the preamble thereto, a uniform solution at Community level by creating an SPC which may be obtained by the holder of a national or European patent under the same conditions in each Member State. It thus aims to prevent the heterogeneous development of national laws leading to further disparities which would be likely to create obstacles to the free movement of medicinal products within the Community and thus directly affect the establishment and the functioning of the internal market (see Case C‑350/92 Spain v Council [1995] ECR I‑1985, paragraphs 34 and 35, and Case C‑127/00 Hässle [2003] ECR I‑14781, paragraph 37). | 19 As regards the first of those points, the concept of an undertaking, in the context of competition law, covers any entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed (Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I-6451, paragraph 74). Any activity consisting in offering goods and services on a given market is an economic activity (Pavlov and Others, paragraph 75). | 0 |
6,046 | 26. In that regard, it should be borne in mind that, whilst ‘medical care’ and ‘the provision of medical care’ must have a therapeutic aim, it does not necessarily follow that the therapeutic purpose of a service must be confined within a particularly narrow compass (see Future Health Technologies , paragraph 40 and the case-law cited). | 40. In that regard, it should be borne in mind that, whilst ‘medical care’ and ‘the provision of medical care’ must have a therapeutic aim, it does not necessarily follow that the therapeutic purpose of a service must be confined within a particularly narrow compass (see Case C‑76/99 Commission v France [2001] ECR I‑249, paragraph 23; Case C‑212/01 Unterpertinger [2003] ECR I‑13859, paragraph 40; and L.u.P. , paragraph 29). | 1 |
6,047 | 30. First of all, it must be recalled that the Member States, when defining what land is to be regarded as being ‘building land’, must have regard to the objective pursued by Article 135(1)(k) of the VAT Directive, which seeks to exempt from VAT only supplies of land which has not been built on and is not intended to support a building (see, to that effect, Gemeente Emmen , paragraphs 24 and 25 and Don Bosco Onroerend Goed , paragraph 43). | 10 THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING AN OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED , AND CONSEQUENTLY , IN THE CIRCUMSTANCES OF THESE CASES , BEFORE THE TIME AT WHICH THE APPLICANTS AFTER COMPLETING THE TRANSACTIONS ENTITLING THEM TO THE REFUNDS , WERE BOUND TO INCUR DAMAGE WHICH WAS CERTAIN IN CHARACTER .
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6,048 | 103 It is true that a recipient of unlawfully granted aid is not precluded from relying on exceptional circumstances on the basis of which it had legitimately assumed the aid to be lawful and thus declining to refund that aid. If such a case is brought before a national court, it is for that court to assess the material circumstances, if necessary after obtaining a preliminary ruling on interpretation from the Court of Justice (Commission v Germany, cited above, paragraph 16). | 137. According to the third recital in the preamble to Directive 92/43, as the main aim of that directive is to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements, the directive makes a contribution to the general objective of sustainable development. The maintenance of such biodiversity may in certain cases require the maintenance, or indeed the encouragement, of human activities. | 0 |
6,049 | 14 IT IS THEREFORE SUFFICIENT TO STATE THAT , AS FAR AS CONCERNS THE FIXING OF MONETARY COMPENSATORY AMOUNTS APPLICABLE TO THE PRODUCT FALLING UNDER SUBHEADING 17.02 B II ( A ), COMMISSION REGULATION NO 2140/79 OF 28 SEPTEMBER 1979 , AS AMENDED BY COMMISSION REGULATION NO 1541/80 OF 19 JUNE 1980 , IS INVALID ON THE GROUNDS ALREADY STATED BY THE COURT IN ITS JUDGMENT OF 15 OCTOBER 1980 . | 31. À titre préliminaire, il y a lieu de rappeler que la directive 89/106 a pour objet principal d’éliminer les obstacles aux échanges en créant des conditions permettant aux produits de construction d’être librement commercialisés à l’intérieur de la Communauté européenne. À cette fin, cette directive précise les exigences essentielles auxquelles doivent satisfaire les produits de construction et qui sont mises en œuvre par des normes harmonisées et des normes nationales de transposition, par des agréments techniques européens et par des spécifications techniques nationales reconnues au niveau communautaire. Selon l’article 6, paragraphe 1, de ladite directive, les États membres ne font pas obstacle à la libre circulation, à la mise sur le marché ou à l’utilisation sur leur territoire des produits qui satisfont aux dispositions de la même directive. | 0 |
6,050 | 49 However, it should be remembered that relations between the Member States and the Community institutions are governed, under Article 10 EC, by a principle of loyal cooperation. That principle not only requires the Member States to take all the measures necessary to guarantee the application and effectiveness of Community law, but also imposes on the Community institutions and the Member States mutual duties of loyal cooperation (see order in Zwartveld and Others, cited above, paragraph 17). Therefore, if a national court needs information that only the Commission can provide, the principle of loyal cooperation laid down in Article 10 EC will, in principle, require the Commission when requested to do so by the national court to provide that information as soon as possible, unless refusal to provide such information is justified by overriding reasons relating to the need to avoid any interference with the functioning and independence of the Community or to safeguard its interests (see, to that effect, order in Zwartveld and Others, cited above, paragraphs 24 and 25; Case C-234/89 Delimitis [1991] ECR I-935, paragraph 53; and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 50). | 77. Second, it is important to point out that provisions on conferring powers of public authority on border guards – such as the powers conferred in the contested decision, which include stopping persons apprehended, seizing vessels and conducting persons apprehended to a specific location – mean that the fundamental rights of the persons concerned may be interfered with to such an extent that the involvement of the European Union legislature is required. | 0 |
6,051 | 51. As regards discrimination as referred to in Article 2(1)(a) and (b) of Directive 2006/54, the refusal to provide maternity leave in the situation outlined by the referring tribunal constitutes direct discrimination on grounds of sex within the meaning of Article 2(1)(a) if the fundamental reason for that refusal applies exclusively to workers of one sex (see, to that effect, Case C‑177/88 Dekker [1990] ECR I‑3941, paragraph 10; Case C‑421/92 Habermann-Beltermann [1994] ECR I‑1657, paragraph 14; and Case C‑506/06 Mayr [2008] ECR I‑1017, paragraph 50). | 53. The fact that a host Member State must thus take account of knowledge which corresponds only in part to that attested by the professional qualification required by the national rules of that Member State, without requiring that examinations be passed before such a qualification is granted, already contributes to facilitating the freedom of movement of persons as laid down in particular in Article 39 EC. If such an obligation did not exist, the fact of not having the diploma normally required by nationals of the host Member State could of itself constitute a decisive obstacle to access to the legal professions in that Member State (see, to that effect, Morgenbesser , paragraphs 64 to 67). | 0 |
6,052 | 49. In that regard, according to the case-law of the Court, since the market concerned is susceptible to the provision of services by operators from other Member States, the members of a national price cartel can retain their market share only if they defend themselves against foreign competition (see, as regards imports, Belasco and Others v Commission , paragraph 34, and British Sugar v Commission , paragraph 28, both cited above). | 20. Articles 7 and 8 of Regulation No 1612/68 are contained in Part I, dealing with "Employment and Workers' Families" , of Title II, entitled "Employment and equality of treatment" . | 0 |
6,053 | 77. Those rules on public participation must be interpreted in the light of, and having regard to, the provisions of the Aarhus Convention, with which, as follows from recital 5 in the preamble to Directive 2003/35, which amended in part Directive 96/61, European Union law should be ‘properly aligned’ (Case C-115/09 Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-Westfalen [2011] ECR I-3673, paragraph 41). However, Article 6(6) of that convention states that the public concerned must be able to have access to all information relevant to the decision-making relating to the authorisation of activities referred to in Annex I to that convention, including in particular landfill sites receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25 000 tonnes of waste. | 66. On the contrary, the prohibition laid down in Article 2(1)(b) of Regulation No 2580/2001 is framed in particularly broad terms (see, by analogy, Case C‑117/06 Möllendorf and Möllendorf-Niehuus [2007] ECR I‑8361, paragraph 50). | 0 |
6,054 | 36. As regards whether the supplementary allowance is contributory, it is clear from the case-law that the determining criterion in that respect is how the benefit concerned is actually financed. The Court must consider whether that financing comes directly or indirectly from social contributions or from public resources (see, to that effect, Skalka , paragraph 28, and Kersbergen-Lap and Dams-Schipper , paragraph 36). However, such an examination may require an analysis of the national regulations and practices in such detail and depth that it would exceed the Court's role in the framework of the preliminary ruling procedure and, therefore, in order to produce a conclusive result, the subsequent cooperation of the national court may be necessary. | 31. La prise en compte de la valeur de la consommation captive constitue, dès lors, un élément essentiel de la décision litigieuse, si bien que toute contestation de cette méthode de calcul par la requérante, entreprise membre de l’entente en cause, aurait dû être formulée de façon spécifique devant le Tribunal dès le stade de la requête introductive d’instance. | 0 |
6,055 | 55
As regards the scope which must be given to that standard form, the Court has already held that Regulation No 1393/2007 does not contain any exceptions to its use (see, to that effect, judgment of 16 September 2015, Alpha Bank Cyprus, C‑519/13, EU:C:2015:603, paragraph 45, and order of 28 April 2016, Alta Realitat, C‑384/14, EU:C:2016:316, paragraph 59). | 31 Under Article 1, second paragraph, point 4, of the Convention, arbitration is excluded from its scope. By that provision, the Contracting Parties intended to exclude arbitration in its entirety, including proceedings brought before national courts (Case C-190/89 Rich v Società Italiana Impianti [1991] ECR I-3855, paragraph 18). | 0 |
6,056 | 34
The possession of particular physical capacities is one characteristic relating to age and the duties relating to protection of people and property, the arrest and guarding of offenders and preventive patrolling may require the use of physical force (judgments of 12 January 2010, Wolf, C‑229/08, EU:C:2010:3, paragraph 41; 13 September 2011, Prigge and Others, C‑447/09, EU:C:2011:573, paragraph 67, and of 13 November 2014, Vital Pérez, C‑416/13, EU:C:2014:2371, paragraphs 37 and 39 and the case-law cited). | 25 A jurisdiction clause, which serves a procedural purpose, is governed by the provisions of the Convention, whose aim is to establish uniform rules of international jurisdiction. In contrast, the substantive provisions of the main contract in which that clause is incorporated, and likewise any dispute as to the validity of that contract, are governed by the lex causae determined by the private international law of the State of the court having jurisdiction. | 0 |
6,057 | 35. Second, it should be pointed out, as noted by the Advocate General in paragraph 23 of his Opinion, that the Member States are required to apply the Sixth Directive even if they consider it to be less than perfect. It is stated in Case C-338/98 Commission v Netherlands [2001] ECR I-8265, paragraphs 55 and 56, that even if the interpretation put forward by certain Member States better served the aims of the Sixth Directive, such as fiscal neutrality, the Member States may not disregard the provisions expressly laid down in that directive. | 36
Lastly, the explanatory notes drawn up by the Commission as regards the CN and by the WCO as regards the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (see judgment of 4 March 2015 in Oliver Medical, C‑547/13, EU:C:2015:139, paragraph 46 and the case-law cited). | 0 |
6,058 | 40 In addition, the existence of a risk to public health must be assessed in the light of international scientific research, in particular the work of the Community's scientific committees, and the eating habits in the Member State concerned (see, to that effect, Bellon, cited above, paragraph 17, and Commission v France, paragraph 13). | 47. Consequently, by not permitting payment of the severance allowance to workers who, although eligible for an old-age pension from their employer, none the less wish to waive their right to such a pension temporarily in order to continue with their career, Article 2a(3) of the Law on salaried employees unduly prejudices the legitimate interests of workers in such a situation and thus goes beyond what is necessary to attain the social policy aims pursued by that provision. | 0 |
6,059 | 19. According to the case-law of the Court, inheritances, which consist in the transfer to one or more persons of assets left by a deceased person and fall under heading XI of Annex I to Directive 88/361, entitled ‘Personal capital movements’, constitute movements of capital for the purposes of Article 63 TFEU, except in cases where their constituent elements are confined within a single Member State (see, to that effect, Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 39 and the case-law cited). A situation such as that in the case before the referring court, in which the shares are held by a person residing in Belgium in a company whose centre of effective management is situated in France, in no way constitutes a purely internal situation. | 52. Dans ces conditions, il y a lieu de relever que de tels objectifs peuvent être légitimement poursuivis par les États membres. | 0 |
6,060 | 14 In that judgment, the Court held Article 119 to be applicable to benefits payable under a Dutch occupational scheme similar to that in question in the present case. It pointed out in particular that the rules of the pension scheme were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and that all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned (paragraph 10). | 103. The foregoing considerations also apply with regard to the objective of guaranteeing the financial balance of the national social security system. In fact, the necessity of establishing a genuine and sufficient connection between the claimant and the competent Member State enables that State to satisfy itself that the economic cost of paying the benefit at issue in the main proceedings does not become unreasonable. | 0 |
6,061 | 51 It should be borne in mind that the Court has no jurisdiction to interpret national law (see, inter alia, Deville, cited above, paragraph 17) and that it is for the national court alone to determine the precise scope of national laws, regulations or administrative provisions (see, to that effect, Case C-347/89 Eurim-Pharm [1991] ECR I-1747, paragraph 15, and Joined Cases C-132/91, C-138/91 and C-139/91 Katsikas v Konstandinidis, Skreb and Schroll v Stauereibetrieb Paetz [1992] ECR I-6577, paragraph 39). | 16 SINCE A RULE WHOSE BREACH INEVITABLY ENTAILS FINANCIAL CONSEQUENCES MUST BE SUFFICIENTLY CLEAR AND PRECISE, THE COMMISSION WAS NOT ENTITLED TO RELY ON THE TERMS OF SUBHEADING EX 16.02 B III ( B ) 1 OF THE REGULATIONS APPLICABLE IN 1980 AND 1981 AS A BASIS FOR IMPOSING, AT THE TIME OF THE CLEARANCE OF EAGGF ACCOUNTS, AN INTERPRETATION WHICH WAS NOT DICTATED BY THE NORMAL MEANING OF THE WORDS USED . IN SO FAR AS IT TOOK ACCOUNT, IN CALCULATING THE MEAT CONTENT, ONLY OF THE PERCENTAGE OF MEAT FREE OF ALL FAT AND REFUSED TO TAKE ACCOUNT OF A PROPORTION OF FAT NORMALLY INHERENT IN MUSCLE TISSUE, THE COMMISSION MISAPPLIED THE PROVISION AT ISSUE AND THE DECISIONS MUST FOR THAT REASON BE DECLARED VOID TO THE EXTENT THAT THEY ARE CONTESTED . | 0 |
6,062 | 62 It is settled case-law that, for purposes of recognition of a right of residence, a residence permit can only have declaratory and probative value (see, to that effect, Case C-434/93 Bozkurt [1995] ECR I-1475, paragraphs 29 and 30, and Günaydin, paragraph 49, Ertanir, paragraph 55, and Birden, paragraph 65, cited above). | 49. It follows that, under national law, mothers who are civil servants are always entitled to parental leave, whereas fathers who are civil servant are entitled to it only if the mother of their child works or exercises a profession. Thus, the mere fact of being a parent is not sufficient for male civil servants to gain entitlement to that leave, whereas it is for women with an identical status (see, by analogy, judgment in Roca Álvarez , C‑104/09, EU:C:2010:561, paragraph 23). | 0 |
6,063 | 88 By failing to carry out such inquiries, Ireland failed to fulfil its obligations under Article 8(1) of Regulation No 729/70 (see Case C-2/93 Exportslachterijen van Oordegem v Belgische Dienst voor Bedrijfsleven en Landbouw [1994] ECR I-2283, paragraphs 16 to 18). | 49. En l’espèce, l’article 1 er , paragraphes 25 à 27 et 29, sous a), de la loi n° 308/2004 envisage manifestement une grande variété de situations. Il ne saurait être exclu que la «réutilisation effective» pour des activités sidérurgiques et métallurgiques visée auxdites dispositions ne s’effectue qu’après un délai significatif, voire indéterminé, nécessitant ainsi des opérations de stockage durable des matériaux en question. Or, de telles opérations de stockage sont de nature à constituer une charge pour le détenteur. De plus, elles sont potentiellement à l’origine de nuisances environnementales que la directive 75/442 cherche précisément à limiter. Il s’ensuit que la substance en cause doit être considérée, en principe, comme un déchet (voir, en ce sens, arrêts Palin Granit, point 38; du 11 septembre 2003, AvestaPolarit Chrome, C‑114/01, Rec. p. I‑8725, point 39, ainsi que du 18 décembre 2007, Commission/Italie, précité, points 40 et 48). | 0 |
6,064 | 71
With regard to the Member States’ powers and responsibilities under Article 168(7) TFEU in respect, inter alia, of blood donations, in the field of health policy, of the management of health services and medical care and of the allocation of the resources assigned to them, it must be noted that in exercising those powers, especially in the context of public procurement, Member States must comply with EU law, in particular the provisions on the free movement of goods (see, to that effect, judgment of 11 September 2008, Commission v Germany, C‑141/07, EU:C:2008:492, paragraphs 22 to 25 and the case-law cited). | 26 By its first question, the national court asks whether point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 is valid in so far as it provides for a penalty even where, through no fault of his own, an exporter has applied for an export refund exceeding that to which he is entitled. | 0 |
6,065 | 22. It ought to be borne in mind that the Court has consistently held (Case 8/81 Becker [1982] ECR 53, paragraphs 23 to 25, and Case C-188/89 Foster and Others [1990] ECR I-3313, paragraph 16) that where the Community authorities have, by means of a directive, placed Member States under an obligation to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it in proceedings before a court and national courts were prevented from taking it into consideration as an element of Community law. Consequently, a Member State which has not adopted the implementing measures required by the directive within the prescribed period may not plead, as against individuals, its own failure to perform the obligations which the directive entails. Thus, wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive or in so far as the provisions define rights which individuals are able to assert against the State. | 41. In those circumstances, it is sufficient for the Commission to prove that the subsidiary is wholly owned by the parent company in order to presume that the parent company exercises a decisive influence over the commercial policy of the subsidiary. The Commission will then be able to regard the parent company as jointly and severally liable for the payment of the fine imposed on its subsidiary, unless the parent company, which has the burden of rebutting that presumption, adduces sufficient evidence to show that its subsidiary acts independently on the market (see Case C‑286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 29; Akzo Nobel and Others v Commission , paragraph 61; General Química and Others v Commission , paragraph 40; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 98). | 0 |
6,066 | 69. Accordingly, first, fair compensation is, in principle, intended to compensate for the harm suffered resulting from the copies actually produced (‘the criterion of actual harm suffered’) and, second, in principle, it is for the persons who have made the reproductions to make good the harm related to those reproductions by financing the compensation which will be paid to the rightholder (see judgment in Padawan , C‑467/08, EU:C:2010:620, paragraph 45). | 46. However, in order for those principles to apply in relation to public procurement activities in respect of which all the relevant elements are confined to a single Member State, it is necessary for the contract at issue in the main proceedings to be of certain cross-border interest (see, to that effect, judgments in Commission v Ireland , EU:C:2007:676, paragraph 29; Commission v Italy , C‑412/04, EU:C:2008:102, paragraphs 66 and 81; SECAP and Santorso , C‑147/06 and C‑148/06, EU:C:2008:277, paragraph 21; Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraph 24; and Commission v Ireland , EU:C:2010:697, paragraph 31). | 0 |
6,067 | 20. To answer that question, it should be recalled at the outset that the deduction system established by the Sixth Directive is meant to relieve the operator entirely of the burden of the VAT paid or payable in the course of all his economic activities. Thus the common system of VAT seeks to ensure complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject, in principle, to VAT (see Case C‑153/11 Klub [2012] ECR I‑0000, paragraph 35, and Case C‑550/11 PIGI [2012] ECR I‑0000, paragraph 21). | 86
It follows that a condition for the application or the receipt of tax aid may be grounds for a finding that that aid is selective, if that condition leads to a distinction being made between undertakings despite the fact that they are, in the light of the objective pursued by the tax system concerned, in a comparable factual and legal situation, and if, therefore, it represents discrimination against undertakings which are excluded from it. | 0 |
6,068 | 54. It has been held that Article 4 of Directive 85/337 must be interpreted as not requiring that a decision not to subject a project falling within Annex II to that directive to an assessment should itself contain the reasons for the competent authority’s decision that an assessment was unnecessary; if, however, an interested party so requests, the competent administrative authority is obliged to communicate to him the reasons for the decision or the relevant information and documents in response to the request made (see Case C‑75/08 Mellor [2009] ECR I‑3799, paragraph 61). | 20. Toutefois, s’agissant, en premier lieu, des frais de banque et des coûts analogues de transaction, comme l’a relevé à bon droit le Royaume de Suède lors de l’audience, la Commission n’a pas apporté d’éléments de nature à démontrer que de tels frais, si ceux-ci peuvent, le cas échéant, être directement liés à un montant versé à l’occasion d’une opération de transaction de titres (voir, en ce sens, arrêt du 19 janvier 2006, Bouanich, C‑265/04, Rec. p. I‑923, point 40), sont également et nécessairement directement liés à la perception, en elle-même, d’un revenu sous forme de dividendes ou d’intérêts. | 0 |
6,069 | 33 In that regard, without its being necessary to consider the scope, the applicability and, if need be, the validity of point 19 of Annex VI, section C, of Regulation No 1408/71, as inserted by Regulation No 2195/91, it is sufficient to point out that, although Member States retain the power to organise their social security schemes, they must none the less, when exercising that power, comply with Community law and, in particular, the Treaty provisions on freedom of movement for workers (see, in particular, Case C-120/95 Decker v Caisse de Maladie des Employés Privés [1998] ECR I-1831, paragraph 23, and Case C-158/96 Kohll v Union des Caisses de Maladie [1998] ECR I-1931, paragraph 19) or again the freedom of every citizen of the Union to move and reside in the territory of the Member States. | 15 As has been stated above, the obligation to notify the competent agency at the latest upon the entry of the products into the undertaking, imposed by Article 18(1 ) of Regulation No 2192/82 as amended by Regulation No 3322/82, is essential for the proper functioning of the scheme of aids established . | 0 |
6,070 | 31. S’agissant de la question de savoir si, dans le cadre des opérations en cause au principal, les paiements effectués par AmEx et Streamline au titre des conventions conclues entre ces dernières et Dixons constituent une «contrepartie», au sens des articles 11, A, paragraphe 1, sous a), de la sixième directive et 73 de la directive 2006/112, il convient de rappeler que, dans le cadre du système de la TVA, les opérations taxables supposent l’existence d’une transaction entre les parties comportant stipulation d’un prix ou d’une contre-valeur. Ainsi, lorsque l’activité d’un fournisseur consiste à livrer exclusivement des biens sans contrepartie directe, il n’existe pas de base d’imposition et les livraisons de biens concernées ne sont donc pas soumises à la TVA (voir, notamment, en matière de prestations de services, arrêts du 3 mars 1994, Tolsma, C‑16/93, Rec. p. I‑743, point 12, et du 27 octobre 2011, GFKL Financial Services, C‑93/10, Rec. p. I‑10791, point 17). | 20 In order to ensure compliance with that objective, it would seem to be essential to transpose, so far as is possible, the principles enshrined in those articles to Turkish workers who enjoy the rights conferred by Decision No 1/80. | 0 |
6,071 | 20. It is to be noted at the outset that management services provided by a third-party manager fall, in principle, within the scope of Article 13B(d)(6) of the Sixth Directive, since the management of special investment funds that is referred to in Article 13B(d)(6) is defined according to the nature of the services provided and not according to the person supplying or receiving the service (see, to this effect, Case C‑169/04 Abbey National [2006] ECR I‑4027, paragraphs 66 to 69). | 69. It follows that management services performed by a third-party manager come, generally, within the scope of Article 13B(d)(6) of the Sixth Directive. | 1 |
6,072 | 37. However, the Court has acknowledged, in the context of Article 15(6) of the Sixth Directive, the provisions of which are set out in almost identical terms to those of Article 148(f) of Directive 2006/112, that the exemption laid down in that provision may apply to the supply of an aircraft to an operator which is not itself an airline operating for reward chiefly on international routes, but which acquires it for the purposes of exclusive use by such an undertaking, without transferring to the latter the power to dispose of the aircraft as owner, if that use is known and duly established. In that connection, the Court emphasised, inter alia, in the light of the type of object at issue and, inter alia, the registration and authorisation mechanisms in place for its use, the verification of its actual use is not liable to give rise to constraints for the Member States and the economic operators concerned which would be irreconcilable with the correct and straightforward application of the exemptions (see, to that effect, judgment in A , C‑33/11, EU:C:2012:482, paragraphs 56 and 57). | 38. Next, as regards the method of calculation of the amount of such a penalty payment, it is for the Court, in exercising its discretion, to set the penalty payment so that it is appropriate to the circumstances and proportionate both to the breach that has been established and to the ability to pay of the Member State concerned (see, inter alia, Case C‑304/02 Commission v France , paragraph 103, and Case C‑177/04 Commission v France , paragraph 61). | 0 |
6,073 | 23. Exemptions constitute independent concepts of Community law which must be placed in the general context of the common system of VAT introduced by the Sixth Directive (see in particular Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18; Case C-2/95 SDC [1997] ECR I-3017, paragraph 21; and Case C-141/00 Küg ler [2002] ECR I-6833, paragraph 25). | 33 Ladbroke's argument disregards the specific nature of bets on Belgian races and what differentiates them from bets on French races. Since the two categories of bet are not identical, the existence of an advantage for the purposes of Article 92(1) of the Treaty cannot be deduced automatically from the difference of treatment to which they are subject. | 0 |
6,074 | 42
It should be noted that it follows from well-established case-law that the application, for the purpose of calculating fines imposed for competition infringements, of new guidelines, such as the 2006 Guidelines, and in particular of a new method of calculating the amount of a fine contained therein, even to infringements committed before the adoption or the amendment of those guidelines, does not breach the principle of non-retroactivity in so far as those new guidelines and that new method were reasonably foreseeable at the time when the infringements in question were committed (see, to that effect, in particular, judgments of 28 June 2005, Dansk Rørindustri and Others v Commission (C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217, 218, and 227 to 232; of 18 May 2006, Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission, C‑397/03 P, EU:C:2006:328, paragraph 25; of 18 July 2013, Schindler Holding and Others v Commission, C‑501/11 P, EU:C:2013:522, paragraph 75; and of 14 September 2016, Ori Martin and SLM v Commission, C‑490/15 P and C‑505/15 P, not published, EU:C:2016:678, paragraphs 82 to 94). | 19 However, it has not been shown that the bottling of the wine in question in the region of production was an operation which endowed it with particular characteristics or was essential in order to maintain the specific characteristics acquired by it. | 0 |
6,075 | 11 According to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-384/99 Commission v Belgium [2000] ECR I-10633, paragraph 16). It is clear that, on expiry of the period of two months prescribed by the reasoned opinion, the implementation of Directive 97/7 in Spanish law had not been completed. | 41. If a seller delivers goods which are not in conformity, it fails correctly to perform the obligation which it accepted in the contract of sale and must therefore bear the consequences of that faulty performance. By receiving new goods to replace the goods not in conformity, the consumer – who, for his part, paid the selling price and therefore correctly performed his contractual obligation – is not unjustly enriched. He merely receives, belatedly, goods in conformity with the specifications of the contract, which he should have received at the outset. | 0 |
6,076 | 78 In the light of the foregoing considerations it must be held that the Commission did not exceed the limits of its discretion in finding that the aid scheme in question could not benefit from any of the exemptions provided for in Article 87(2) or (3) EC. It is settled case-law that State aid, certain conditions of which contravene other provisions of the Treaty, cannot be declared by the Commission to be compatible with the common market (see, inter alia, Case C-21/88 Du Pont de Nemours Italiana [1990] ECR I-889, paragraph 20; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 78; and Case C-204/97 Portugal v Commission [2001] ECR I-3175, paragraph 41). | 58 As regards the establishment of indirect discrimination, the first question is whether a measure such as the rule at issue has a more unfavourable impact on women than on men. | 0 |
6,077 | 20. In that connection, it should be recalled that the Court has had to rule on whether bananas and other table fruits produced in Italy were similar in disputes relating to the interpretation of the first paragraph of Article 95 of the EEC Treaty (subsequently the first paragraph of Article 95 of the EC Treaty and now the first paragraph of Article 90 EC). It held that those two categories of products were not similar for the purposes of the first paragraph of Article 95 EEC, since they have different characteristics and do not satisfy the same consumer needs (see Commission v Italy , paragraphs 9 and 10, and Case 193/85 Cooperative Co-Frutta [1987] ECR 2085, paragraphs 17 and 18). | 13 Accordingly, recognition by a Member State of qualifications awarded by non-member States does not bind the other Member States. | 0 |
6,078 | 52. It does not follow, on the other hand, from Nádasdi and Németh that the Member States’ powers to make new tax arrangements are unlimited. On the contrary, it is settled case-law that the prohibition laid down in Article 110 TFEU must apply whenever a fiscal charge is liable to discourage imports of goods originating in other Member States in favour of domestic goods (see, to that effect, Case 252/86 Bergandi [1988] ECR 1343, paragraph 25; Case C‑45/94 Ayuntamiento de Ceuta [1995] ECR I‑4385, paragraph 29; and C‑221/06 Stadtgemeinde Frohnleiten and Gemeindebetriebe Frohnleiten [2007] ECR I‑9643, paragraph 40). | 111. It is the responsibility of the national courts in particular to provide the legal protection which individuals derive from the rules of Community law and to ensure that those rules are fully effective. | 0 |
6,079 | Il convient, en premier lieu, de rappeler que dans le cadre d’une procédure en manquement en vertu de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, en ce sens, arrêts du 4 mars 2010, Commission/Italie, C‑297/08, EU:C:2010:115, point 101 et jurisprudence citée, ainsi que du 11 décembre 2014, Commission/Grèce, C‑677/13, non publié, EU:C:2014:2433, point 57 et jurisprudence citée). | 6 IN THE FORM IN WHICH IT IS STATED THE QUESTION CONCERNS THE CONFORMITY OF NATIONAL LAW WITH COMMUNITY LAW . IN THAT RESPECT IT MUST BE POINTED OUT THAT UNDER ARTICLE 177 THE COURT HAS NO POWER TO APPLY A RULE OF COMMUNITY LAW TO A PARTICULAR CASE OR TO JUDGE A PROVISION OF NATIONAL LAW BY REFERENCE TO THAT RULE . IN PURSUANCE OF THE JUDICIAL COOPERATION PROVIDED FOR BY THAT ARTICLE IT MAY , HOWEVER , ON THE BASIS OF THE MATERIAL PRESENTED TO IT , PROVIDE A NATIONAL COURT WITH INFORMATION ON THE INTERPRETATION OF COMMUNITY LAW WHICH MAY BE USEFUL TO IT IN ASSESSING THE EFFECTS OF THE PROVISION .
| 0 |
6,080 | 17. It should be recalled at the outset that, in order to be capable of constituting a trade mark for the purposes of Article 2 of Directive 2008/95, the subject-matter of any application for registration must satisfy three conditions. First, it must be a sign. Secondly, that sign must be capable of graphic representation. Thirdly, the sign must be capable of distinguishing the ‘goods’ or ‘services’ of one undertaking from those of other undertakings (see, as regards Article 2 of Directive 89/104, Libertel , C‑104/01, EU:C:2003:244, paragraph 23; Heidelberger Bauchemie , C‑49/02, EU:C:2004:384, paragraph 22; and, Dyson , C‑321/03, EU:C:2007:51, paragraph 28). | 64. A Member State may base an application to maintain its already existing national provisions on an assessment of the risk to public health different from that accepted by the Community legislature when it adopted the harmonisation measure from which the national provisions derogate. To that end, it falls to the applicant Member State to prove that those national provisions ensure a level of health protection which is higher than the Community harmonisation measure and that they do not go beyond what is necessary to attain that objective. | 0 |
6,081 | 60
The Court has stated that, in order for national legislation to be regarded as seeking to prevent tax evasion and abuses, its specific objective must be to prevent conduct involving the creation of wholly artificial arrangements which do not reflect economic reality, the purpose of which is unduly to obtain a tax advantage (judgment of 7 September 2017, Eqiom and Enka, C‑6/16, EU:C:2017:641, paragraph 30 and the case-law cited). | 26 THIS PROVISION IS EQUALLY CONCERNED WITH TRANSPORT FROM OR TO THIRD COUNTRIES, AS REGARDS THAT PART OF THE JOURNEY WHICH TAKES PLACE ON COMMUNITY TERRITORY . | 0 |
6,082 | 51. In RTI and Others , the Court, in the context of distinguishing the concept of spot advertisements from the concept of forms of advertisements such as ‘direct offers to the public’ provided for in Directive 89/552 in its original version, held that, in essence, the justification for increasing, exceptionally, the maximum transmission time in relation to those offers lay in the fact that their duration, because of the way in which they were presented, was greater and that the application of the limits on broadcasting time laid down in relation to spot advertisements amounted to disadvantaging those offers by comparison with spot advertisements. The Court stated, moreover, that those criteria could also be used in respect of other forms of promotion (see, to that effect, RTI and Others , paragraphs 32, 34 and 37). | 57. Such considerations are even more relevant where the Commission orders, as in the present case, the recovery of the aid from the beneficiary, since the very aim of such reimbursement is to eliminate the distortion of competition brought about by a certain competitive advantage and, thus, to re-establish the status quo before the aid was granted (see, to that effect, inter alia Joined Cases C‑328/99 and C‑399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I‑4035, paragraph 66, and Case C‑277/00 Germany v Commission [2004] ECR I‑3925, paragraphs 74 to 76). | 0 |
6,083 | 50. Lidl nevertheless relied on the fact that the Court has previously held that any obligation to restrict each price comparison to the average prices of the products offered by the advertiser and those of rival products would be contrary to the objectives of the Community legislature, the Court observing in this regard that comparative advertising must help to demonstrate objectively the merits of the various comparable products and that such objectivity implies that the persons to whom the advertising is addressed are capable of knowing the actual price differences between the products compared and not merely the average difference between the advertiser’s prices and those of his competitors ( Pippig Augenoptik , paragraphs 81 and 82). | 28
It is established case-law that procedural rules are generally held to apply from the date on which they enter into force (judgments of 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 75 and the case-law cited; of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 88; and of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 45), even in a procedure that was initiated before that date, but is still pending after that date (see, to that effect, judgment of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 47). | 0 |
6,084 | 37. It follows that the Finnish tax legislation makes the grant of the tax credit subject to the condition that the dividends be distributed by companies established in Finland, while shareholders fully taxable in Finland find themselves in a comparable situation, whether they receive dividends from companies established in that Member State or from companies established in other Member States (see, to that effect, Case C-107/94 Asscher [1996] ECR I‑3089, paragraphs 41 to 49, and Case C-234/01 Gerritse [2003] ECR I-5933, paragraphs 47 to 54). | 18 IT IS NOT DISPUTED THAT THE SUPPLEMENTARY AGREEMENT WAS NEGOTIATED AND CONCLUDED BY NATIONAL ASSOCIATIONS OF INSURERS, WHICH ARE BODIES GOVERNED BY PRIVATE LAW AND ACT WITHIN THE FRAMEWORK OF THE FUNCTIONS ATTRIBUTED TO THEM BY THEIR STATUTES AND THE NATIONAL LEGISLATION TO WHICH THEY ARE SUBJECT . | 0 |
6,085 | 37. That interpretation is supported by the provisions of those two acts, which do not contain any indication from which it may be inferred that certain categories of employees are excluded from their scope. Indeed, as is clear from the wording of Clause 2.1 of the Framework Agreement on part-time work, the scope of the agreement is conceived in broad terms, covering generally fixed term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State. The definition of ‘fixed term workers’ for the purposes of the framework agreement, set out in Clause 3.1, encompasses all workers without drawing a distinction according to whether their employer is in the public, or private, sector (see, by analogy with Directive 1999/70 and the Framework Agreement on fixed term work annexed thereto, Joined Cases C‑444/09 and C‑456/09 Gavieiro Gavieiro and Iglesias Torres [2010] ECR I‑0000, paragraphs 39 and 40 and the case-law cited). | 116. However, it is clear from the closing words of Article 2(g) of Directive 2004/83 that the directive does not preclude a person from applying for ‘another kind of protection’ outside the scope of Directive 2004/83. | 0 |
6,086 | 21 With regard, first, to the concept of worker in Article 41(1) of the Cooperation Agreement, it is clear from paragraph 27 of the Kziber judgment, cited above, that it encompasses both active workers and those who have left the labour market after reaching the age required for receipt of an old-age pension or after becoming the victims of the materialization of one of the risks conferring entitlement to allowances under other social security branches. | 32. Indeed, it follows both from recital 9 to the directive and from recital 10 to the regulation that the European Union legislature intended to make the preservation of the rights connected to the trade mark conditional upon it actually being used. As the Advocate General has pointed out in points 30 and 32 of her Opinion, a Community trade mark which is not used could obstruct competition by limiting the range of signs which can be registered as trade marks by others and by denying competitors the opportunity to use that trade mark or a similar one when putting onto the internal market goods or services which are identical or similar to those covered by the mark in question. Consequently, non-use of a Community trade mark also risks restricting the free movement of goods and services. | 0 |
6,087 | 44. It is true that, according to the line of authority devolving from Guimont , the Court’s answer to questions concerning fundamental freedoms of the European Union may, even in a purely internal situation, nevertheless be of use to the referring court, especially if its national law were to require it to allow a national to enjoy the same rights as those which a national of another Member State would derive from EU law in the same situation (see, inter alia, Case C‑393/08 Sbarigia [2010] ECR I‑6337, paragraph 23, and Susisalo and Others , paragraph 20 and the case-law cited). | 57 Article 7 is intended to reconcile the interests of trade-mark protection and those of free movement of goods within the Community by making the further commercialisation of a product bearing a trade mark possible and preventing opposition by the proprietor of the mark (see, to that effect, Parfums Christian Dior, paragraphs 37 and 38). Advertisements relating to car repair and maintenance do not affect further commercialisation of the goods in question. | 0 |
6,088 | 135. Conversely, the subject-matter of the dispute cannot be extended to obligations arising under the new version of a directive which do not correspond to those arising under the previous version of that directive, as otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (see, to that effect, Case C-365/97 Commission v Italy , paragraph 39). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,089 | 69. In that connection, it must be observed that Regulation No 44/2001 merely regulates the procedure for obtaining an order for the enforcement of foreign enforceable instruments and does not deal with execution itself, which continues to be governed by the domestic law of the court in which enforcement is sought (see Case 148/84 Deutsche Genossenschaftsbank [1985] ECR 1981, paragraph 18; Case 119/84 Capelloni and Aquilini [1985] ECR 3147, paragraph 16, and Hoffmann , paragraph 27), unless, for the purposes of the enforcement of a judgment, the application of the procedural rules of the Member State in which enforcement is sought may impair the effectiveness of the scheme laid down by the regulation as regards enforcement orders, by frustrating the principles laid down in that regard, whether expressly or by implication, by the regulation itself (see, to that effect, Capelloni and Aquilini , paragraph 21; Hoffmann , paragraph 29, and Case C‑365/88 Hagen [1990] ECR I-1845, paragraph 20). | 38 It is sufficient to observe, as regards those submissions, that the doorstep-selling directive is, as pointed out earlier, designed to protect consumers against the risks arising from the conclusion of contracts away from the trader's premises and, second, that that protection is assured by the introduction of a right of cancellation. | 0 |
6,090 | 30. Finally, the objectives underlying Article 3(1) of Regulation No 2988/95 are relevant. In that regard, the period referred to in this provision clearly seeks to ensure legal certainty for economic operators (see, to that effect, judgments in Handlbauer , C‑278/02, EU:C:2004:388, paragraph 40, and SGS Belgium and Others , C‑367/09, EU:C:2010:648, paragraph 68). Those operators must be in a position to determine which among their transactions are definitive and which may still be the subject of legal proceedings (judgment in Pfeifer & Langen , C‑52/14, EU:C:2015:381, paragraphs 24 and 64). | 32. It follows from that conclusion that it is irrelevant, for a finding of an infringement of the distribution right, that such advertising is not followed by the transfer of ownership of the protected work or a copy thereof to the purchaser. | 0 |
6,091 | 31. In that regard, the Court has consistently held that the prohibition on discrimination in the context of the common agricultural policy is merely a specific expression of the general principle of equal treatment, which requires that comparable situations not be treated differently and different situations not be treated alike unless such treatment is objectively justified (see, in particular, with regard to the second subparagraph of Article 34(2) EC, Case C‑313/04 Franz Egenberger [2006] ECR I‑6331, paragraph 33; Case C‑33/08 Agrana Zucker [2009] ECR I‑5035, paragraph 46, and Case C‑365/08 Agrana Zucker [2010] ECR I‑0000, paragraph 42). | 90. Il s’ensuit qu’une demande visant à obtenir réparation du préjudice causé par le non-respect, par le Tribunal, d’un délai de jugement raisonnable ne peut être soumise directement à la Cour dans le cadre d’un pourvoi, mais doit être introduite devant le Tribunal lui-même. | 0 |
6,092 | 28. The fact that the amount of the usage fees is not determined unilaterally by the provider of the rescue services, but by agreement with the social security institutions which themselves have the status of a contracting authority (see, to that effect, Case C-300/07 Hans & Christophorus Oymanns [2009] ECR I-4779, paragraphs 40 to 59), and that those fees are not paid directly by the users of those services to the selected provider but through a central settlement office which is in charge of collecting and remitting those fees, by regular payments on account, does not affect that finding. The fact remains that all the remuneration obtained by the provider of the services comes from persons other than the contracting authority which awarded it the contract. | 80. For another thing, it assists in meeting a desire to control costs and to prevent, as far as possible, any wastage of financial, technical and human resources. Such wastage would be all the more damaging because it is generally recognised that the hospital care sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for health care are not unlimited, whatever the mode of funding applied. | 0 |
6,093 | 35 The application of national rules to providers of services established in other Member States must be appropriate for securing the attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (see, in particular, Säger, paragraph 15, Case C-19/92 Kraus v Land Baden-Württemberg [1993] ECR I-1663, paragraph 32, Case C-55/94 Gebhard v Consiglio dell'Ordine degli Avvocati e Procurati di Milano [1995] ECR I-4165, paragraph 37, and Guiot, cited above, paragraphs 11 and 13). | 25 Since consideration of such pleas may take place at any stage in the proceedings, the applicant cannot be debarred from relying on them solely on the ground that he did not raise them in his complaint. | 0 |
6,094 | 24. It is settled case-law that a reference from a national court may be refused only if it is quite obvious that the interpretation of Community law sought bears no relation to the actual facts of the main action or to its purpose, or where the problem is hypothetical or the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-415/93 Bosman [1995] ECR I-4921, paragraph 61; Case C‑105/94 Celestini [1997] ECR I-2971, paragraph 22; and Case C-355/97 Beck and Bergdorf [1999] ECR I-4977, paragraph 22). Save for such cases, the Court is, in principle, bound to give a preliminary ruling on questions concerning the interpretation of Community law (see Bosman , paragraph 59). | 30 THE BELGIAN DEALERS , INCLUDING THE MEMBERS OF THE ADVISORY COMMITTEE WHO GAVE THEIR CONSENT TO THE CIRCULAR FROM BMW BELGIUM OF 29 SEPTEMBER 1975 DID , BY VIRTUE OF THAT CONSENT , SUBSCRIBE TO SUCH AN AGREEMENT , THE DETAILED CONTENT OF WHICH IS DETERMINED BY THE SAID CIRCULARS .
| 0 |
6,095 | 48
It should be noted that the comparability of a cross-border situation with an internal situation must be examined having regard to the aim pursued by the national provisions at issue (judgment of 8 November 2012 in Commission v Finland, C‑342/10, EU:C:2012:688, paragraph 36 and case-law cited), as well as the purpose and content of the latter (see judgment of 10 May 2012 in Commission v Estonia, C‑39/10, EU:C:2012:282, paragraph 51). | 50. In this connection, it appears from the very wording of Clause 8(3) of the Framework Agreement 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. | 0 |
6,096 | 42. However, in the absence of Community harmonising measures, the free movement of a good may be restricted by national rules justified either on one of the grounds laid down by Article 30 EC or by mandatory requirements (Case 120/78 Rewe-Zentral (‘ Cassis de Dijon ’) [1979] ECR 649, paragraph 8). | 45. It follows from Article 2(2) of the Aarhus Convention, read together with Articles 6 and 9 of the Convention, and from Article 1(5) of Directive 85/337 that neither the Convention nor the directive applies to projects adopted by a legislative act satisfying the conditions set out in paragraph 31 above (see Boxus and Others , paragraph 50). | 0 |
6,097 | 60. The Directive does not contain any provision comparable to that in Article 6 of Directive 92/50, which excludes from its scope public contracts awarded, under certain conditions, to contracting authorities (see, by analogy, Teckal , paragraph 44, and Carbotermo and Consorzio Alisei , paragraph 46). | 51. Accordingly, the daily allowance at issue must be paid to posted workers such as those concerned in the main proceedings to the same extent as it is paid to local workers when they are posted within Finland. | 0 |
6,098 | 35. As to the Council’s argument that the fourth ground of appeal is inadmissible because it relates to a finding of fact made by the Court of First Instance, it must be pointed out that, in accordance with the case-law of the Court of Justice, complaints based on findings of fact and on the assessment of those facts in the contested decision are admissible on appeal where the appellant contends that the Court of First Instance has made findings which the documents in the file show to be substantially incorrect or that it has distorted the clear sense of the evidence before it (see, to this effect, Case C-82/01 P Aéroports de Paris v Commission [2002] ECR I-9297, paragraph 56). That is indeed the case here. | 17. In that connection, as the Advocate General observed in point 39 of his Opinion, it would be at odds with the purpose of protecting a customer for air services — pursued by the last sentence of Article 23(1) of Regulation No 1008/2008 — if that protection were to depend on whether the optional additional service, connected with the flight itself, and the corresponding price supplement offered during the process of booking that flight originate from an air carrier or from another party which is legally and economically separate from it. If it were permissible to make that protection dependent on the status of the provider of that additional service, by granting protection only where the service was provided by an air carrier, that protection could easily be circumvented and, consequently, the objective in question certainly compromised. In any event, such a procedure would be incompatible with Article 22 of Directive 2011/83. | 0 |
6,099 | 26. Likewise, Article 7(2) provides that the national authorities are to assess whether the information supplied by the party concerned is sufficient. It follows that, in the absence of documentary evidence, it is for the national authorities to take into consideration other types of evidence which may be just as satisfactory for the purpose of the verification, in accordance with the detailed rules laid down by national law, provided that they respect the scope and effectiveness of Community law (see, to that effect, Case C‑312/93 Peterbroeck [1995] ECR I‑4599, paragraph 12). | 36 There is nothing in the wording of that provision to indicate that the appeal before the customs authority is a mandatory stage prior to lodging an appeal before the independent body. | 0 |
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