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The factors capable of affecting the assessment of the gravity of the infringements include the conduct of each of the undertakings, the role played by each of them in the establishment of the cartel, the profit which they were able to derive from it, their size, the value of the goods concerned and the threat that infringements of that type pose to the objectives of the European Union (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, paragraph 242, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 100). | 56. As regards the economic repercussions which might result from an incompatibility with Article 110 TFEU of the tax regime established by Law No 9/2012 during the relevant period, the Romanian Government submitted an estimate indicating that the reimbursement with interest of the sums received pursuant to that law during that period would amount to RON (Romanian lei) 181 349 488.05. According to the Romanian Government, those economic repercussions must be considered to be serious in the light of Romania’s economic difficulties. | 0 |
6,101 | 45
In accordance with settled case-law, the interpretation which the Court, in the exercise of the jurisdiction conferred upon it by Article 267 TFEU, gives to a rule of EU law clarifies and, where necessary, defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the date of its coming into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships arising and established before the delivery of the judgment ruling on the request for interpretation, provided that in other respects the conditions under which an action relating to the application of that rule may be brought before the courts having jurisdiction are satisfied (see judgments of 2 February 1988 in Blaizot and Others, 24/86, EU:C:1988:43, paragraph 27; 10 January 2006 in Skov and Bilka, C‑402/03, EU:C:2006:6, paragraph 50; and of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 53). | 18 Moreover, the GueKG does not allow the Tariff Boards to fix the tariffs solely by reference to the interests of undertakings or associations of undertakings engaged in transport but requires them to take account of the interests of the agricultural sector and of medium-sized undertakings or regions which are economically weak or have inadequate transport facilities. Furthermore, the tariffs are fixed only after compulsory consultation of an advisory committee made up of representatives of the users of the services. | 0 |
6,102 | 37 In that regard, it should be borne in mind, first, that, pursuant to Article 168A of the EC Treaty (now Article 225 EC) and the first paragraph of Article 51 of the EC Statute of the Court of Justice, an appeal may rely only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. The appraisal by the Court of First Instance of the evidence put before it does not constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice (see, inter alia, Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraphs 10 and 42). | 26 If the Community legislature had intended to require contracting authorities to exclude such tenderers, it would have stated this explicitly. | 0 |
6,103 | 30
In that regard, it must be borne in mind that the Court has already recognised that the need to maintain the coherence of a tax system may justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty. However, in order for such justification to be accepted, a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy, the direct nature of that link falling to be examined in the light of the objective pursued by the legislation in question (judgments of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraph 59, and of 7 November 2013 in K, C‑322/11, EU:C:2013:716, paragraphs 65 and 66 and the case-law cited). | 37 First, according to settled case-law, fundamental rights form an integral part of the general principles of law, whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or to which they are signatories. The ECHR has special significance in that respect (see, in particular, Case C-260/89 ERT [1991] ECR I-2925, paragraph 41). | 0 |
6,104 | 40. As regards the question whether national legislation falls within the ambit of one or other of those fundamental freedoms, it is clear from well established case-law that the purpose of the legislation concerned must be taken into consideration (see, in particular, Case C‑157/05 Holböck [2007] ECR I‑4051, paragraph 22, and Case C‑326/07 Commission v Italy , paragraph 33). | 30. The first indent of Article 5(1)(b) of Regulation No 44/2001, determining both international and local jurisdiction, seeks to unify the rules of conflict of jurisdiction and, accordingly, to designate the court having jurisdiction directly, without reference to the domestic rules of the Member States. | 0 |
6,105 | 67. However, it is also necessary that the restrictions at issue are appropriate to the objectives pursued and do not go beyond what is necessary to attain those objectives (Case C‑451/05 ELISA [2007] ECR I‑8251, paragraph 82, and Commission v Poland , paragraph 58), which it is for the referring court to determine. | 24. If it is accepted that the Member States are free to impose additional conditions on the definition of self-provision, and thereby limit the situations which are covered by it, they would have the option of extending the services reserved for the universal service provider. However such extension would go against the purpose of the Directive, which, according to recital 8, aims to establish gradual and controlled liberalisation in the postal sector. | 0 |
6,106 | 11 By providing, further, that "Without prejudice to the provisions of the Treaty relating to right of establishment, a person providing a maritime transport service may, in order to do so, temporarily pursue his activity in the Member State where the service is provided, under the same conditions as are imposed by that State on its own nationals", Article 8 of Regulation No 4055/86 transposes the principle laid down in the third paragraph of Article 60 of the Treaty to the sphere of maritime transport between Member States. | 50. As a result, the direct link which exists under the tax integration regime between the tax advantages and the neutralisation of intra-group transactions would thus be eliminated, thereby affecting the coherence of that regime. | 0 |
6,107 | 100. It is settled case‑law that a breach of the general Community law principle of equal treatment arises through the application of different rules to comparable situations or the application of the same rule to different situations (see, inter alia, Case C‑390/96 Lease Plan [1998] ECR I‑2553, paragraph 34, and Case C‑156/98 Germany v Commission [2000] ECR I‑6857, paragraph 84). | 22 THE HARMONIZATION OF OFFICIAL LISTS OF RECOGNIZED CONTRACTORS PROVIDED FOR IN ARTICLE 28 ( 1 ) IS THEREFORE OF LIMITED SCOPE . IT CONCERNS IN PARTICULAR REFERENCES ATTESTING TO THE FINANCIAL AND ECONOMIC STANDING OF CONTRACTORS AND THEIR TECHNICAL KNOWLEDGE AND ABILITY . ON THE OTHER HAND, THE CRITERIA FOR THEIR CLASSIFICATION ARE NOT HARMONIZED . | 0 |
6,108 | 30. Lastly, it follows from that same case-law that the rules for the operation of the injunctions for which the Member States must provide under Article 8(3) of Directive 2001/29 and the third sentence of Article 11 of Directive 2004/48, such as those relating to the conditions to be met and to the procedure to be followed, are a matter for national law (see Scarlet Extended , paragraph 32). | 8 IT MUST IN THE FIRST PLACE BE STATED THAT THE COUNCIL IS RIGHT IN ITS CONTENTION THAT , AS A RESULT OF THE EXPLANATIONS GIVEN IN THE COURSE OF THE PROCEEDINGS , THE SUBMISSION THAT NO REASONS WERE GIVEN FOR THE DECISION IS NOW DEVOID OF PURPOSE .
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6,109 | 33. As is apparent from the Court’s case-law, measures aimed at offering protection for pregnancy and maternity and to enable men and women to reconcile their professional and family obligations pursue legitimate social policy objectives (see, to that effect, Case C‑243/95 Hill and Stapleton [1998] ECR I‑3739, paragraph 42, and Case C‑284/02 Sass [2004] ECR I‑11143, paragraphs 32 and 33). The legitimacy of those objectives is also confirmed by the provisions of Directive 92/85 or those of the Framework Agreement on parental leave. | 25 Since fiscal cohesion is secured by a bilateral convention concluded with another Member State, that principle may not be invoked to justify the refusal of a deduction such as that in issue. | 0 |
6,110 | 44. It is necessary, in any event, to note that it is not possible to validly invoke, in support of such a system, either the protection of the economy of the country (see, to that effect, Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraphs 47 and 48), or the restoration of budgetary balance by increasing fiscal receipts (see, to that effect, Case C‑436/00 X and Y [2002] ECR I‑10829, paragraph 50). | 54
In that context, the making of an application under Regulation No 604/2013 cannot, as the Advocate General observed in point 74 of her Opinion, be equated with forum shopping, which the Dublin system seeks to avoid (judgment of 21 December 2011 in N.S. and Others, C‑411/10 and C‑493/10, EU:C:2011:865, paragraph 79). Indeed, the court hearing such an application will not be required to make a Member State that is to the asylum seeker’s liking responsible for the examination of the asylum application, but to verify whether the criteria for determining responsibility laid down by the EU legislature have been applied correctly. | 0 |
6,111 | 34. Furthermore, discrimination contrary to Article 4(1) of Directive 79/7 falls within the scope of the derogation provided for by Article 7(1)(a) of that directive only if it is necessary in order to achieve the objectiv es which the directive is intended to pursue by allowing Member States to retain a different pensionable age for men and for women (Case C-9/91 Equal Opportunities Commission [1992] ECR I-4297, paragraph 13). | 13 Since the text of the derogation refers to "the determination of pensionable age for the purpose of granting old-age and retirement pensions", it is clear that it concerns the moment from which pensions become payable. The text does not, however, refer expressly to discrimination in respect of the extent of the obligation to contribute for the purposes of the pension or the amount thereof. Such forms of discrimination therefore fall within the scope of the derogation only if they are found to be necessary in order to achieve the objectives which the Directive is intended to pursue by allowing Member States to retain a different pensionable age for men and women. | 1 |
6,112 | 13 It should be noted in that respect that, although the procedure laid down by Article 169 of the EC Treaty (now Article 226 EC) and the procedure for clearing EAGGF accounts are both adversarial in character, ensuring compliance with the rights of the defence and can give rise to proceedings before the Court of Justice, the two procedures are nevertheless independent of each other because they pursue different aims and are governed by different rules. In the procedure for failure to fulfil obligations, for the purpose of obtaining a declaration that the conduct of a Member State infringes Community law and of terminating that conduct, the Commission remains at liberty, if the Member State concerned has in the meantime put an end to the alleged failure, to discontinue the procedure, whereas that is not the case with the procedure for clearing EAGGF accounts. The latter procedure serves to determine not only that the expenditure was actually and properly incurred but also that the financial burdens of the Common Agricultural Policy is correctly apportioned between the Member States and the Community, the Commission having in this respect no discretion to derogate from the rules regulating the allocation of those burdens (Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraphs 27 and 28). | 28. The content of those notes to the CN must therefore be compatible with its provisions and may not alter the scope of those provisions (see, in particular, Case C‑280/97 ROSE Electrotechnik [1999] ECR I-689, paragraph 23, Case C‑42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 20, and Intermodal Transports , paragraph 48). | 0 |
6,113 | 39
On the other hand, as regards the second of those conditions, relating to the services provided by insurance brokers and agents, or their subcontractors, those services must be linked to the essential aspects of the work of an insurance broker or agent, which consists in the finding of prospective clients and their introduction to the insurer with a view to the conclusion of insurance contracts (see, in particular, judgments in Taksatorringen, C‑8/01, EU:C:2003:621, paragraph 45; Arthur Andersen, C‑472/03, EU:C:2005:135, paragraph 36, and J.C.M. Beheer, C‑124/07, EU:C:2008:196, paragraph 18). As regards a subcontractor, it is necessary for it to be involved in the conclusion of insurance contracts (see, to that effect, judgment in J.C.M. Beheer, C‑124/07, EU:C:2008:196, paragraphs 9 and 18). | 42. National legislation which places some of its nationals at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State thereby gives rise to inequality of treatment, contrary to the principles which underpin the status of citizen of the Union, that is, the guarantee of the same treatment in law in the exercise of the citizen’s freedom to move (Case C-520/04 Turpeinen [2006] ECR I-10685, paragraph 22). | 0 |
6,114 | 37. As regards a right to compensation for such pecuniary damage, it follows from the Court’s settled case‑law that, under the principle of sincere cooperation laid down in Article 4(3) TEU, Member States are required to nullify the unlawful consequences of a breach of European Union law. In that regard, the Court has already held that, in order to remedy the failure to carry out an environmental impact assessment of a project within the meaning of Article 2(1) of Directive 85/337, it is for the national court to determine whether it is possible under national law for a consent already granted to be revoked or suspended in order to subject the project in question to an assessment of its environmental impacts, in accordance with the requirements of Directive 85/337, or alternatively, if the individual so agrees, whether it is possible for the latter to claim compensation for the harm suffered (see Wells , paragraphs 66 to 69). | 26. The supply of alcoholic beverages to customers in a catering context is accompanied by a series of services other than the operations which are necessarily connected with the marketing of such products. Those services consist in placing an infrastructure at the customer’s disposal, including a dining room with furniture and appurtenances (cloakrooms, toilets, etc.), providing the customer with advice and explanations concerning the beverages served, serving them to him in a suitable container, serving at table and, finally, clearing the tables and cleaning after the food and drink have been consumed (see, to that effect, Faaborg-Gelting Linien , paragraph 13). | 0 |
6,115 | 103. In considering the merits of the first part of this ground of appeal, it is necessary to note at the outset that, according to settled case‑law, Article 82 EC is an application of the general objective of European Community action laid down by Article 3(1)(g) EC, namely, the institution of a system ensuring that competition in the common market is not distorted. Thus, the dominant position referred to in Article 82 EC relates to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, its customers and ultimately of the consumers (Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 38). | 22. The principle of non-discrimination requires not only that comparable situations must not be treated differently but also that different situations must not be treated in the same way (see, to that effect, Case C-354/95 National Farmers’ Union and Others [1997] ECR I-4559, paragraph 61). | 0 |
6,116 | 54. The rule that the parties should be heard does not merely confer on each party to proceedings the right to be apprised of the documents produced and observations made to the Court by the other party and to discuss them. It also implies a right for the parties to be apprised of the matters raised by those courts of their own motion, on which they intend basing their decision, and to discuss them. In order to satisfy the requirements relating to the right to a fair hearing, it is important for the parties to be apprised of, and to be able to debate and be heard on, the matters of fact and of law which will determine the outcome of the proceedings ( Commission v Ireland and Others , paragraphs 55 and 56, and Case C‑472/11 Banif Plus Bank [2013] ECR, paragraph 30). | 21. The objective of Directive 97/81 and the framework agreement is, first, to promote part-time work and, secondly, to eliminate discrimination between part-time workers and full-time workers. | 0 |
6,117 | 51. The scheme and wording of Article 4 of Regulation No 1408/71 as amended show that a benefit cannot be classified simultaneously as a family benefit and a special benefit. Family benefits are dealt with in Article 4(1) while special benefits are dealt with in Article 4(2a), the aim of that distinction being to enable the respective schemes for those two categories of benefits to be identified (see, to that effect, Case C‑286/03 Hosse [2006] ECR I‑1771, paragraphs 36 and 37 and the case-law cited). | 32. As regards the principle of protection of the legitimate expectations of the beneficiary of the favourable conduct, it is appropriate, first, to determine whether the conduct of the administrative authorities gave rise to a reasonable expectation in the mind of a reasonably prudent economic agent (see, to that effect, Joined Cases 95/74 to 98/74, 15/75 and 100/75 Union nationale des coopératives agricoles de céréales and Others v Commission and Council [1975] ECR 1615, paragraphs 43 to 45, and Case 78/77 Lührs [1978] ECR 169, paragraph 6). If it did, the legitimate nature of this expectation must then be established. | 0 |
6,118 | 22. Such a national system of control to check the exact nature of the activity contemplated by applicants, put into operation before they leave for the host Member State, has a legitimate objective in so far as it makes it possible to restrict the exercise of rights of entry and residence by nationals of the countries concerned who invoke those provisions to persons to whom the provisions apply ( Gloszczuk , paragraph 58, Kondova , paragraph 61, and Barkoci and Malik , paragraph 62). | 22. À cet égard, il y a lieu de rappeler que, selon la jurisprudence constante de la Cour, l’appel à la concurrence, conformément aux directives relatives à la passation des marchés publics, n’est pas obligatoire, même si le cocontractant est une entité juridiquement distincte du pouvoir adjudicateur, lorsque deux conditions sont remplies. D’une part, l’autorité publique, qui est un pouvoir adjudicateur, doit exercer sur l’entité distincte en question un contrôle analogue à celui qu’elle exerce sur ses propres services et, d’autre part, cette entité doit réaliser l’essentiel de son activité avec la ou les collectivités publiques qui la détiennent (voir, notamment, arrêts Teckal, précité, point 50, ainsi que du 8 avril 2008, Commission/Italie, C‑337/05, non encore publié au Recueil, point 36 et jurisprudence citée). | 0 |
6,119 | 68. With regard, first, to the applicability of the rules set out in Article 5(2) of Directive 89/104 and Article 9(1)(c) of Regulation No 40/94, it is settled case-law that, even though those provisions make express reference only to the situation in which use is made of a sign which is identical with, or similar to, a trade mark with a reputation in relation to goods or services which are not similar to those for which the trade mark is registered, the protection provided for there applies, a fortiori , also in relation to use of a sign which is identical with, or similar to, a trade mark with a reputation in relation to goods or services which are identical with or similar to those for which the mark is registered (see, inter alia, Case C‑292/00 Davidoff [2003] ECR I-389, paragraph 30; Case C‑408/01 Adidas-Salomon and Adidas Benelux [2003] ECR I-12537, paragraphs 18 to 22, and Google France and Google , paragraph 48). | 56
It should be observed, in that respect, first, that, according to the Court’s case-law, in the sphere of the common commercial policy and, most particularly, in the realm of measures to protect trade, the EU institutions enjoy a broad discretion by reason of the complexity of the economic, political and legal situations which they have to examine. The judicial review of such an appraisal must therefore be limited to verifying whether the procedural rules have been complied with, whether the facts on which the contested choice is based have been accurately stated, and whether there has been a manifest error in the appraisal of those facts or a misuse of powers (see judgment of 16 February 2012, Council and Commission v Interpipe Niko Tube and Interpipe NTRP, C‑191/09 P and C‑200/09 P, EU:C:2012:78, paragraph 63 and the case-law cited). | 0 |
6,120 | 40. The Court has held that the rule stated in Skoma-Lux does not preclude the enforcement against individuals of any of the provisions of Regulation No 1972/2003 which were taken up in the ÜLTS. The Skoma-Lux rule may nevertheless remain of residual application if certain provisions of that regulation which were not implemented by the ÜLTS were relied on by the Estonian authorities against individuals before the official publication of the regulation in Estonian ( Balbiino , paragraph 32, and Rakvere Lihakombinaat , paragraph 34). | 18 The breeding and reproduction of protected species in captivity may constitute such a solution if they prove to be possible (Case 247/85 Commission v Belgium [1987] ECR 3029, paragraph 41). | 0 |
6,121 | 52. It should also be remembered that, in the absence of any unifying or harmonising Community measures, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation (Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑470/04 N [2006] ECR I-7409, paragraph 44; Case C‑513/04 Kerkhaert and Morres [2006] ECR I-10967, paragraphs 22 and 23; and Test Claimants in the Thin Cap Group Litigation , paragraph 49). | 18 The Court accordingly held that Member States may not, after 1 July 1968, unilaterally introduce new charges on goods imported directly from non-member countries or raise the level of those in existence at that time (paragraph 22). | 0 |
6,122 | 34. As regards, first of all, Article 20(2)(c) of Directive 93/38, it follows from the case‑law that the application of that provision is subject to two cumulative conditions, namely, first, that there are technical reasons connected to the works which are the subject‑matter of the contract and, second, that those technical reasons make it absolutely necessary to award that contract to a particular contractor (see, to that effect, in the context of Directives 71/305 and 93/37, Case C‑57/94 Commission v Italy , paragraph 24, and Case C‑385/02 Commission v Italy , paragraphs 18, 20 and 21). | 42 According to the case-law of the Court, a measure which, although conferring an advantage on its recipient, is justified by the nature or general scheme of the system of which it is part does not fulfil that condition of selectivity (see Case 173/73 Italy v Commission [1974] ECR 709, paragraph 33, and Belgium v Commission, cited above, paragraph 33). | 0 |
6,123 | 38
Any other interpretation would amount to making the scope of those concepts depend on national law, more particularly on the system established by each Member State for the exercise of an independent economic or professional activity. However, it follows from the requirements both of the uniform application of EU law and of the principle of equality that, in the absence of a reference to national law in Article 2(1) of Directive 2000/35, the terms ‘undertaking’ and ‘commercial transactions’ must be given an autonomous and uniform interpretation (see, by analogy, judgment of 29 September 2015, Gmina Wrocław, C‑276/14, EU:C:2015:635, paragraph 25 and the case-law cited). | 13 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS SPECIFIQUES EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE . | 0 |
6,124 | 50. In so far as the referring court is seeking, in the context of a dispute concerning the entitlement of interim civil servants to a length-of-service increment, an interpretation of the expression ‘different length-of service qualifications’, in clause 4(4) of the framework agreement, it should be noted that the Court of Justice has already ruled that a length-of-service payment identical to that at issue in the main proceedings, receipt of which was reserved under national law to the permanent regulated staff in the health service to the exclusion of temporary staff, is covered by the concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement ( Del Cerro Alonso , paragraphs 47 and 48). | 19 On the other hand, if the Kingdom of Belgium can show that the means chosen meet a necessary aim of its social policy and that they are suitable and requisite for attaining that aim, the mere fact that the system of allowances favours a much greater number of male workers cannot be regarded as an infringement of the principle of equal treatment (judgment in Case 171/88 Rinner-Kuehn [1989] ECR 2743, paragraph 14). | 0 |
6,125 | 57. However, the fact remains that the broad margin of discretion which the Member States enjoy in matters of social policy cannot have the effect of frustrating the implementation of a fundamental principle of Community law such as that of equal treatment for men and women (see Seymour-Smith and Perez , paragraph 75). | 20. Taking into account, firstly, that it follows from Article 2(1) of the Sixth Directive that every transaction must normally be regarded as distinct and independent and, secondly, that a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system, the essential features of the transaction must in the first place be ascertained in order to determine whether the taxable person is making to the customer, being a typical consumer, several distinct principal supplies or a single supply (see, by analogy, CPP , paragraph 29). | 0 |
6,126 | 30. The Italian Government having, on various occasions, stressed that it is clear from national case‑law that agreements such as the agreements at issue must be classified as service concessions, it must be noted as a preliminary point that the definition of a public service contract is a matter of Community law, with the result that the classification of the agreements at issue under Italian law is irrelevant for the purpose of determining whether they fall within the scope of Directive 92/50 (see, to that effect, Case C‑264/03 Commission v France [2005] ECR I‑8831, paragraph 36, and Case C‑220/05 Auroux and Others [2007] ECR I‑0000, paragraph 40). | 36. In order to establish whether the agency agreement of delegated project contracting within the meaning of Law No 85‑704 falls within the scope of Directive 92/50, it is necessary to examine whether the criteria established in Article 1(a) of that directive are met. Since that provision makes no express reference to the law of the Member States for the purpose of determining its meaning and scope, there is no need to inquire as to how French law categorises such agreements. | 1 |
6,127 | 55. Suffice it to state with regard to those submissions that, while the Court has held that a national provision by which a Member State discharges its obligations under a directive cannot be classified as a barrier to trade ( that n see, to this effect, Case 46/76 Bauhuis [1977] ECR 5, paragraphs 28 to 30, Case C-246/98 Berendse-Koenen [2000] ECR I‑1777, paragraphs 24 and 25, and Deutscher Apothekerverband , cited above, paragraphs 52 to 54), it is clear that Article 5 of Directive 94/62 merely authorises the Member States to encourage systems for the reuse of packaging in conformity with the Treaty, without imposing any obligation to that effect. | 39 Finally, as regards the consequences of the alleged delays attributable to the Commission, the Court has already observed, in paragraph 17 of this judgment, that the Netherlands Government could easily have avoided them. | 0 |
6,128 | 25. In order to determine whether national legislation involves the implementation of EU law for the purposes of Article 51 of the Charter, some of the points to be determined are whether that legislation is intended to implement a provision of EU law; the nature of that legislation and whether it pursues objectives other than those covered by EU law, even if it is capable of indirectly affecting EU law; and also whether there are specific rules of EU law on the matter or capable of affecting it (see Case C‑309/96 Annibaldi [1997] ECR I‑7493, paragraphs 21 to 23; Case C‑40/11 Iida [2012] ECR, paragraph 79; and Case C‑87/12 Ymeraga and Others [2013] ECR, paragraph 41). | 87. En revanche, il importe de rappeler qu’il n’appartient pas à la Cour, lorsqu’elle se prononce sur des questions de droit dans le cadre d’un pourvoi, de substituer, pour des motifs d’équité, son appréciation à celle du Tribunal statuant, dans l’exercice de son pouvoir de pleine juridiction, sur le montant des amendes infligées à des entreprises en raison de la violation, par celles-ci, du droit de l’Union (arrêts précités Baustahlgewebe/Commission, point 129, ainsi que Dansk Rørindustri e.a./Commission, point 245). | 0 |
6,129 | 69. A preliminary point to be noted is that, according to settled case-law, in order to be defined as a body governed by public law within the meaning of the second paragraph of Article 1(b) of the Directive an entity must satisfy the three cumulative conditions set out therein, requiring it to be a body established for the specific purpose of meeting needs in the general interest not having an industrial or commercial character, to possess legal personality and to be closely dependent on the State, regional or local authorities or other bodies governed by public law (Mannesmann Anlagenbau Austria and Others , paragraphs 20 and 21, and Case C-214/00 Commission v Spain [2003] ECR I-4667, paragraph 52). | 33
In that regard, it must be recalled that a measure is purely confirmatory of an existing measure if it contains no new factors as compared with the existing measure (judgment of 3 April 2014, Commission v Netherlands and ING Groep, C‑224/12 P, EU:C:2014:213, paragraph 69 and the case-law cited). | 0 |
6,130 | 40. Other provisions of Directive 2004/38, in particular Article 6, Article 7(1) and (2) and Article 16(1) and (2), refer to the right of residence of a Union citizen and to the derived right of residence conferred on the family members of that citizen either in ‘another Member State’ or in ‘the host Member State’ and thus confirm that a third-country national who is a family member of a Union citizen cannot invoke, on the basis of that directive, a derived right of residence in the Member State of which that citizen is a national (see McCarthy , paragraph 37, and Iida , paragraph 64). | 49. Or, en vertu d’une jurisprudence constante de la Cour relative à la charge de la preuve dans le cadre d’une procédure en manquement au titre de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est donc elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement (voir, en ce sens, arrêts Commission/Finlande, C-335/07, EU:C:2009:612, point 46, et Commission/Royaume-Uni, EU:C:2012:633, point 70). | 0 |
6,131 | 34. In that connection, in certain circumstances, a legal person who is not the perpetrator of an infringement of the competition rules may nevertheless be penalised for the unlawful conduct of another legal person, if both those persons form part of the same economic entity and thus constitute the undertaking that infringed Article 101 TFEU (see judgment in Commission and Others v Siemens Österreich and Others , C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraph 45). | 19 It follows that the Court has jurisdiction to interpret the provisions of the directive even though they do not directly govern the situation at issue in the main proceedings. The questions submitted by the Vestre Landsret must for that reason be answered.
The first, second and third questions | 0 |
6,132 | 36. In that connection, it must be recalled that the Court has defined the conditions for the application of that provision to the effect that there must be a ‘sufficiently direct connection’ between the supply of services and the immovable property concerned, on the ground that it would be contrary to the general scheme of that provision to place within the scope of that special rule every supply of services provided that it has a connection, even a very tenuous one, with immovable property, since a large number of services are connected in one way or another with immovable property (Case C-166/07 Heger [2006] ECR I-7749, paragraph 23). | 57. As the Court has held, the concept of technical specification presupposes that the national measure refers to the product or its packaging as such and thus lays down one of the characteristics required of a product (see, to that effect, Case C-278/99 Van der Burg [2001] ECR I-2015, paragraph 20; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 45; and Case C-159/00 Sapod Audic [2002] ECR I-5031, paragraph 30). | 0 |
6,133 | 24. It must first be borne in mind that, according to established case-law, Community law does not preclude a Member State from requiring an undertaking established in another Member State which provides services in the territory of the first Member State to pay its workers the minimum remuneration laid down by the national rules of that State (Joined Cases 62/81 and 63/81 Seco and Desquenne & Giral [1982] ECR 223, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 12; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33; Case C-165/98 Mazzoleni and ISA [2001] ECR I‑2189, paragraphs 28 and 29; and Case C-164/99 Portugaia Construções [2002] ECR I-787, paragraph 21). The application of such rules must be appropriate for securing the attainment of the objective which they pursue, that is to say, the protection of posted workers, and must not go beyond what is necessary in order to attain that objective (see to that effect, inter alia, Arblade and Others , cited above, paragraph 35, Mazzoleni and ISA , cited above, paragraph 26, and Case C‑60/03 Wolff & Müller [2004] ECR I-0000, paragraph 34). | 34. According to Article 2(1) of that regulation, the competent authorities are to notify the TIR carnet holder and the guaranteeing association within the period prescribed in Article 11(1) of the TIR Convention. | 0 |
6,134 | 34. Lorsqu’un acheteur paye le prix d’une marchandise au moyen d’une carte de crédit, l’on se trouve directement en présence de deux transactions, à savoir, d’une part, la vente de cette marchandise par un fournisseur, lequel calcule dans le prix global exigé aussi la TVA qui sera payée par ledit acheteur en tant que consommateur final et perçue par ce fournisseur pour le compte du fisc, et, d’autre part, la prestation de services audit fournisseur par l’émetteur de la carte. Cette dernière prestation a pour objet la garantie de paiement de la marchandise dont l’achat avait été effectué au moyen de la carte, la promotion des affaires du fournisseur par la possibilité d’acquérir une nouvelle clientèle, la publicité éventuellement faite en faveur du fournisseur ou un autre objet quelconque (voir arrêt du 25 mai 1993, Bally, C‑18/92, Rec. p. I‑2871, point 9). | 30 Article 1(3) of Directive 93/104 defines its scope first by referring expressly to Article 2 of the basic Directive and, second, by providing for a number of exceptions in relation to certain specified activities. | 0 |
6,135 | 80. As a preliminary point, it is appropriate to observe, first, that the purpose of Article 2 of the Directive is to define the types of signs of which a trade mark may consist (Case C-273/00 Sieckmann [2002] ECR I-11737, paragraph 43), irrespective of the goods or services for which protection might be sought (see to that effect Sieckmann , paragraphs 43 to 55, Libertel , paragraphs 22 to 42, and Case C-283/01 Shield Mark [2003] ECR I-0000, paragraphs 34 to 41). It provides that a trade mark may consist inter alia of " words" and " letters" , provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings. | 29 As regards the part of the plea relating to the residual powers of the Member States, it must be pointed out that where the Community has passed legislation, the Member States are under a duty to refrain from taking any measure which might undermine or create exceptions to it (see, along these lines, Case C-507/99 Denkavit [2002] ECR I-169, paragraph 32). | 0 |
6,136 | 82. Thus, the Court has held that if a national law merely encourages or makes it easier for undertakings to engage in autonomous anti-competitive conduct, those undertakings remain subject to Articles 81 EC and 82 EC (Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 73, and CIF , paragraph 56). | 43 Indeed, it follows from all that has been said above that the only possible decisive criterion is whether the pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say the criterion of employment based on the wording of Article 119 itself. | 0 |
6,137 | 15. In determining the preceding business year, the Commission must assess, in each specific case and in the light of both its context and the objectives pursued by the scheme of penalties created by the regulation, the intended impact on the undertaking in question, taking into account in particular a turnover which reflects the undertaking’s real economic situation during the period in which the infringement was committed (see Case C‑76/06 P Britannia Alloys & Chemicals v Commission EU:C:2007:326, paragraph 25). | 61. À cet égard, si la protection de la santé publique constitue un intérêt légitime de nature à justifier, en principe, une restriction à une liberté fondamentale garantie par le traité, telle que la libre circulation des marchandises, il n’en demeure pas moins que de telles restrictions ne peuvent être justifiées que si elles sont propres à garantir la réalisation de l’objectif poursuivi et ne vont pas au‑delà de ce qui est nécessaire pour qu’il soit atteint (arrêts du 14 octobre 2004, Omega, C‑36/02, Rec. p. I‑9609, point 36; du 11 décembre 2007, International Transport Workers’ Federation et Finnish Seamen’s Union, C‑438/05, non encore publié au Recueil, point 75, et Dynamic Medien, précité, point 42). | 0 |
6,138 | 13 However, a derogation from that principle was made by Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ 1983 L 24, p. 1), which entailed inter alia a system of national fishing quotas (see Articles 3 and 4 of Regulation No 170/83 and the judgments in Case C-3/87 The Queen v Ministry of Agriculture, Fisheries and Food, ex parte Agegate [1989] ECR 4459, at paragraph 16, and Case C-216/87 The Queen v Ministry of Agriculture, Fisheries and Food, ex parte Jaderow [1989] ECR 4509, at paragraphs 17 and 24). Pursuant to that system, only the vessels flying the flag of a Member State are authorized to fish against the fishing quotas of that State. | 50. In that connection, it must also be borne in mind that it is the supplies of goods or services which are subject to VAT, rather than payments made by way of consideration for such supplies (see Case C-108/99 Cantor Fitzgerald International [2001] ECR I-7257, paragraph 17). A fortiori, payments on account of supplies of goods or services that have not yet been clearly identified cannot be subject to VAT. | 0 |
6,139 | 70. It should also be borne in mind that, according to the case‑law of the Court of Justice, activities which fall within the exercise of public powers are not of an economic nature justifying the application of the Treaty rules of competition (see, to that effect, Case 107/84 Commission v Germany [1985] ECR 2655, paragraphs 14 and 15; SAT Fluggesellschaft , paragraph 30; and MOTOE , paragraph 24) | 31. It must also be noted that the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see RUMA , C‑183/06, EU:C:2007:110, paragraph 36, and Roeckl Sporthandschuhe , EU:C:2010:237, paragraph 28). | 0 |
6,140 | 35. However, Community law sets limits on the exercise of those powers by the Member States in so far as provisions of national law adopted in that connection must not constitute an unjustified obstacle to the effective exercise of the fundamental freedoms guaranteed by Articles 39 EC and 43 EC (see Heylens and Others , paragraph 11, and Case C‑19/92 Kraus [1993] ECR I‑1663, paragraphs 28 and 32). | 64. Therefore, such a pension is not a pension paid by a statutory social security scheme and consequently the scheme established by the BeamtVG does not fall within the scope of Directive 79/7. | 0 |
6,141 | 39. The jurisdiction of the Court of Justice to review the findings of fact by the Court of First Instance therefore extends, inter alia, to the substantive inaccuracy of those findings as apparent from the documents in the file, the distortion of the evidence, the legal characterisation of that evidence and the question whether the rules relating to the burden of proof and the taking of evidence have been observed ( ( Joined Cases C-2/01 P and C‑3/01 P BAI and Commission v Bayer [2004] ECR I-23, paragraphs 47, 61 and 117, and Case C-551/03 P General Motors v Commission [2006] ECR I-3173, paragraphs 51 and 52). | 29. In the case of the transaction at issue in the main proceedings, there is a direct link between the provision of retail vouchers by Astra Zeneca to its employees and the part of the cash remuneration which the employees must give up as consideration for that provision. | 0 |
6,142 | 23. In that regard, in accordance with the general principles on which the European Union is based and which govern relations between it and the Member States, it is for the latter, under Article 5 of the EU Treaty, to ensure that EU rules are implemented within their territories. In so far as EU law, including its general principles, does not include common rules to that effect, the national authorities when implementing such regulations act in accordance with the procedural and substantive rules of their own national law (see, inter alia, judgments in Dominikanerinnen-Kloster Altenhohenau , C‑285/93, EU:C:1995:398, paragraph 26; Karlsson and Others , C‑292/97, EU:C:2000:202, paragraph 27, and Azienda Agricola Giorgio, Giovanni and Luciano Visentin and Others , C‑495/00, EU:C:2004:180, paragraph 39). | La Commission considère que, ainsi que la Cour l’a déjà relevé dans les arrêts du 19 septembre 2002, Tulliasiamies et Siilin
(C‑101/00, EU:C:2002:505, point 78) ainsi que du 20 septembre 2007, Commission/Grèce (C‑74/06, EU:C:2007:534, point 30), la
dépréciation d’un véhicule automobile commence dès son achat ou sa mise en service. Or, l’article 11 du code de la taxe sur
les véhicules aurait pour effet que les véhicules automobiles d’occasion de l’Union ayant moins d’un an admis au Portugal
sont taxés comme les véhicules neufs, ce qui constitue, selon elle, une violation de l’article 110 TFUE. | 0 |
6,143 | 38
The second, internal, aspect is linked to impartiality and seeks to ensure a level playing field for the parties to the proceedings and their respective interests with regard to the subject matter of those proceedings. That aspect requires objectivity and the absence of any interest in the outcome of the proceedings apart from the strict application of the rule of law (see, inter alia, judgments of 19 September 2006, Wilson, C‑506/04, EU:C:2006:587, paragraph 52; of 9 October 2014, TDC, C‑222/13, EU:C:2014:2265, paragraph 31; and of 6 October 2015, Consorci Sanitari del Maresme, C‑203/14, EU:C:2015:664, paragraph 20). | 29. According to the case-law of the Court, it is for the national courts to determine whether Member States’ legislation actually serves the objectives which might justify it and whether the restrictions it imposes do not appear disproportionate in the light of those objectives ( Gambelli and Others , paragraph 75, and Placanica and Others , paragraph 58). | 0 |
6,144 | 33. In support of his appeal, Mr Ayadi asserts his right to an effective remedy and to effective judicial protection. In addition to the Court’s case-law (Case C‑50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I‑6677, paragraphs 38 and 39, and Case C‑229/05 PKK and KNK v Council [2007] ECR I‑439, paragraphs 76 and 77), he relies upon Articles 47 and 52(3) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and upon Article 7 of the Charter, a provision which is equivalent to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), and which provides that everyone has the right to respect for his or her private and family life, home and communications. | 20. Similarly, the system of strict protection presupposes the adoption of coherent and coordinated measures of a preventive nature (judgment of 16 March 2006 in Case C‑518/04 Commission v Greece , paragraph 16, and Commission v Ireland , paragraph 30). | 0 |
6,145 | 26. In that regard, it should be recalled that, pursuant to Article 1(h) of Regulation No 1408/71, the term ‘residence’ for the purposes of that regulation means habitual residence, that is, the place in which the persons concerned habitually reside and in which the habitual centre of their interests is to be found, and thus constitutes an autonomous concept particular to EU law (see the judgment in Swaddling , C‑90/97, EU:C:1999:96, paragraphs 28 and 29). It is apparent from the facts established by the national court set out at paragraphs 12 and 13 above that Mrs B.’s habitual residence and the habitual centre of her interests is in France. | 29 The phrase `the Member State in which they reside' in Article 10a of Regulation No 1408/71 refers to the State in which the persons concerned habitually reside and where the habitual centre of their interests is to be found. In that context, account should be taken in particular of the employed person's family situation; the reasons which have led him to move; the length and continuity of his residence; the fact (where this is the case) that he is in stable employment; and his intention as it appears from all the circumstances (see, mutatis mutandis, concerning Article 71(1)(b)(ii) of Regulation No 1408/71, Case 76/76 Di Paolo [1977] ECR 315, paragraphs 17 to 20, and Case C-102/91 Knoch [1992] ECR I-4341, paragraphs 21 and 23). | 1 |
6,146 | 23 The second subparagraph of Article 40(3) of the Treaty provides that the common organization of agricultural markets to be established under the common agricultural policy "shall exclude any discrimination between producers or consumers within the Community." That prohibition of discrimination is simply a specific enunciation of the general principle of equality which is one of the fundamental principles of Community law (see, in particular, the judgment in Joined Cases 201/85 and 202/85 Klensch v Secrétaire d' Etat [1986] ECR 3477, paragraph 9). | 50 As regards pharmaceutical products, it follows from the same paragraph in Hoffmann-La Roche that repackaging must be regarded as having been carried out in circumstances not capable of affecting the original condition of the product where, for example, the trade mark owner has placed the product on the market in double packaging and the repackaging affects only the external layer, leaving the inner packaging intact, or where the repackaging is carried out under the supervision of a public authority in order to ensure that the product remains intact. | 0 |
6,147 | 130. That general, abstract and vague argument cannot ultimately be capable of establishing in the present case the reality of a breach of the rights of the defence, which must be examined by reference to the specific circumstances of each case (see, by analogy, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission , paragraphs 52 to 61). | 88 It must therefore be held that it is Article 24(2) of Regulation No 4253/88 as amended which constitutes the legal basis for any claim for recovery by the Commission. That provision would be partly deprived of its effectiveness if the Commission could not cancel the entirety of the assistance, even though the prior examination conducted under Article 24(1) of that regulation had revealed that the assistance was unjustified in its entirety. | 0 |
6,148 | 58. As regards the second point, it is true that the Court has held that the possibility cannot be excluded that a Member State might succeed in ensuring compliance with its obligations under the Treaty by concluding a convention for the avoidance of double taxation with another Member State (see, to that effect, Test Claimants in Class IV of the ACT Group Litigation , paragraph 71; Amurta , paragraph 79; and Commission v Italy , paragraph 36). | 85. Such a claim can, therefore, only be rejected as inadmissible.
Costs | 0 |
6,149 | 37. According to the case-law of the Court, the concept of establishment within the meaning of the Treaty is a very broad one, allowing an EU national to participate, on a stable and continuous basis, in the economic life of a Member State other than his State of origin and to profit therefrom, so contributing to economic and social interpenetration within the European Union in the sphere of activities as self-employed persons ( Centro di Musicologia Walter Stauffer , paragraph 18 and case‑law cited). | 64 Compliance with that principle, and especially the need for decisions to be deliberated upon by the Commissioners together, must be of concern to the individuals affected by the legal consequences of such decisions, in the sense that they must be sure that those decisions were actually taken by the college of Commissioners and correspond exactly to its intention. | 0 |
6,150 | 46. That interpretation is not weakened by the judgments in Heininger and Schulte or in Case C‑229/04 Crailsheimer Volksbank [2005] ECR I‑9273. It can be seen from paragraphs 16 and 18 of Heininger , paragraph 26 of Schulte and paragraph 24 of Crailsheimer Volksbank that the interpretation of the doorstep selling directive provided by the Court in those judgments concerns loan contracts which had not been fully performed. However, that is not the position in the case before the referring court. | 75. As it is, in the present case, none of the parties has disputed the conclusion reached by the General Court in paragraph 75 of the judgment under appeal that the pleadings to which access was requested had been drawn up by the Commission in its capacity as a party in three direct actions which were still pending on the date of adoption of the contested decision and that, for that reason, each of those sets of pleadings could be regarded as falling within the same category of documents. | 0 |
6,151 | 72. It is only in exceptional circumstances, should the case arise, that it would be inappropriate to order repayment of the aid (see judgment in Residex Captial IV , EU:C:2011:814, paragraph 35 and the case-law cited). | 33. It follows from paragraphs 46 and 47 of the judgment in Klarenberg (C‑466/07, EU:C:2009:85) that what is relevant for the purpose of finding that the identity of the transferred entity has been preserved is not the retention of the specific organisation imposed by the employer on the various elements of production which are transferred, but rather the retention of the functional link of interdependence and complementarity between those elements. | 0 |
6,152 | 34. Pour ce qui est du principe d’effectivité, il convient de rappeler que la Cour a déjà jugé que chaque cas où se pose la question de savoir si une disposition procédurale nationale rend impossible ou excessivement difficile l’application du droit de l’Union doit être analysé en tenant compte de la place de cette disposition dans l’ensemble de la procédure, de son déroulement et de ses particularités, devant les diverses instances nationales. Dans cette perspective, il y a lieu de prendre en considération, s’il échet, les principes qui sont à la base du système juridictionnel national, tels que la protection des droits de la défense, le principe de sécurité juridique et le bon déroulement de la procédure (voir, en ce sens, arrêts du 6 octobre 2009, Asturcom Telecomunicaciones, C‑40/08, Rec. p. I‑9579, point 39 et jurisprudence citée, ainsi que Aziz, précité, point 53). | 91. Payment by a Member State of compensation for the loss incurred by an undertaking without the parameters of such compensation having been established beforehand, where it turns out after the event that the operation of certain services in connection with the discharge of public service obligations was not economically viable, therefore constitutes a financial measure which falls within the concept of State aid within the meaning of Article 92(1) of the Treaty. | 0 |
6,153 | 18. As is clear from recitals 1 and 3 to 5 in the preamble, Directive 97/13 is among the measures adopted to achieve the complete liberalisation of telecommunications services and infrastructures. To that end, Directive 97/13 established a common framework applicable to authorisation schemes, intended to facilitate significantly the entry of new operators into the market. In addition to laying down rules for authorisation procedures and the content of authorisations, that framework sets out the nature and scope of the financial payments related to those procedures which Member States may impose on undertakings in the field of telecommunications services (Joined Cases C-292/01 and C-293/01 Albacom and Infostrada [2003] ECR I-9449, paragraphs 35 and 36, and Case C-85/10 Telefónica Móviles España [2011] ECR I-0000, paragraph 20). | 58 The purpose of the application, if the Commission brings proceedings before the Court, is to specify, by reference to the prelitigation procedure, the complaints on which the Court is called upon to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based (see in particular Commission v Greece, cited above, paragraph 28). In this case, the Commission confined itself essentially to purely legal arguments. | 0 |
6,154 | 40 Next, it should be pointed out that although merely creating a dominant position by granting exclusive rights within the meaning of Article 90(1) of the Treaty is not in itself incompatible with Article 86, a Member State is in breach of the prohibitions contained in those two provisions if the undertaking in question, merely by exercising the exclusive rights granted to it, is led to abuse its dominant position or if such rights are liable to create a situation in which that undertaking is led to commit such abuses (Case C-41/90 Höfner and Elser v Macrotron, cited above, paragraph 29; Case C-260/89 ERT v DRP, cited above, paragraph 37; Merci Convenzionali Porto di Genova, cited above, paragraph 17; Case C-323/93 Centre d'Insémination de la Crespelle [1994] ECR I-5077, paragraph 18; Raso and Others, cited above, paragraph 27). | 46 First, it must be borne in mind, as noted by the Advocate General at point 60 of his Opinion, that there is a deficit within the meaning of the basic regulation where the total available production falls short of consumption. Available production must be taken to mean the total quantities of A sugar and B sugar plus the carry forward of C sugar effected in accordance with the Community rules. | 0 |
6,155 | 28. The Court has also held that the fact that the marketability of a product in ‘normal conditions’ is an aspect inherent in the concept of ‘sound and fair marketable quality’ is indeed clearly apparent from the rules relating to export refunds for agricultural products inasmuch as, from Regulation No 1041/67 onwards, all the relevant regulations have adopted the concept of ‘sound and fair marketable quality’ as well as the criterion of the product’s marketability ‘in normal conditions’. As regards Regulation No 3665/87, it is the ninth recital which refers to that requirement (see SEPA , paragraphs 23 and 26, and Fleisch-Winter , paragraph 21). | 120. By contrast, in the main proceedings the broadcasters carry out acts of communication to the public while having in the Member State of broadcast, which is the Member State of the place of origin of that communication, an authorisation from the right holders concerned and by paying them remuneration – which can, moreover, take account of the actual and potential audience in the other Member States. | 0 |
6,156 | 22. However, a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system (see, inter alia, CPP , paragraph 29; Aktiebolaget NN , paragraph 22; and Case C‑242/08 Swiss Re Germany Holding [2009] ECR I‑10099, paragraph 51). | 148. The circumstances to be taken into account are, in particular, those referred to in the considerations set out at paragraphs 117 to 122 above, relating to the duration and seriousness of the infringement. | 0 |
6,157 | 37. According to settled case-law, each Member State is bound to implement the provisions of directives in a manner that fully meets the requirements of clarity and certainty in legal situations imposed by the Community legislature, in the interests of the persons concerned established in the Member States. To that end, the provisions of a directive must be implemented with unquestionable binding force and with the requisite specificity, precision and clarity (see Case C-207/96 Commission v Italy [1997] ECR I‑6869, paragraph 26). | 33 The questions referred therefore concern a situation in which the BMW mark has been used to inform the public that the advertiser carries out the repair and maintenance of BMW cars or that he has specialised, or is a specialist, in the sale or repair and maintenance of those cars. | 0 |
6,158 | 71
In that regard, it must be noted that it is not contrary to EU law to require a trader to act in good faith and to take every step which could reasonably be asked of it to satisfy itself that the transaction which it is carrying out does not result in its participation in tax evasion (judgment of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 48 and the case-law cited). If the taxable person concerned knew or should have known that the transaction which it had carried out was part of a fraud committed by the purchaser and that the taxable person had not taken every step which could reasonably be asked of it to prevent that fraud from being committed, that person should be refused a VAT exemption (judgment of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 54). | 39. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them ( Wilson , paragraphs 50 and 51). | 0 |
6,159 | 45. It is first of all necessary to reject the reasoning developed by max.mobil with reference to the judgment in Commission and France v TF1 . In that judgment the Court, confirming the decision delivered at first instance by the Court of First Instance that it was unnecessary to give a ruling in the case, held that the Court of First Instance could reach a decision without having to rule on the admissibility of the action brought before it in view of the order in which the questions were examined ( Commission and France v TF1 , paragraphs 25 to 28). | 37 Such a proviso, compliance with which can be checked by the importing Member State by reference to the shipping documents, ensures cooperation between the exporting and importing States, the importance of which was emphasised in Anastasiou I, and reduces the various risks inherent in a situation in which products would be certified when they were merely passing through the territory of a non-member State. | 0 |
6,160 | 64. While the appellants seek to have the judgment under appeal set aside or, in the alternative, to have the judgment set aside in so far as it confirms the fine imposed or to obtain a reduction in the amount of the fine, it should be noted that, in the absence of any evidence that the excessive duration of the proceedings before the General Court had an effect on the outcome of the dispute, failure on the part of the General Court to adjudicate within a reasonable time cannot lead to the judgment under appeal being set aside. Indeed, where failure to adjudicate within a reasonable time has no effect on the outcome of the dispute, the setting aside of the judgment under appeal would not provide a remedy for any infringement by the General Court of the principle of effective judicial protection (Case C‑40/12 P Gascogne Sack Deutschland v Commission EU:C:2013:768, paragraphs 81 and 82; Case C‑50/12 P Kendrion v Commission EU:C:2013:771, paragraphs 82 and 83; and Case C‑58/12 P Groupe Gascog ne v Commission EU:C:2013:770, paragraphs 81 and 82). | 54. This question must be answered in the light of the objectives of the provision in question which, as stated in paragraph 43 above, is justified by the need to allow Member States to ensure the smooth running of the legislative process as provided for by national constitutional rules. | 0 |
6,161 | 50. However, while Article 81(1) EC does not restrict such an assessment to actual effects alone, as that assessment must also take account of the potential effects of the agreement or practice in question on competition within the common market, an agreement will, however, fall outside the prohibition in Article 81 EC if it has only an insignificant effect on the market (Case 5/69 Völk v Vervaecke [1969] ECR 295, paragraph 7; John Deere v Commission , paragraph 77; and Bagnasco and Others , paragraph 34). | 25 In so far as the grant of the winter fuel payment to any of the categories of persons referred to is always subject to the materialisation of the risk of old age, that payment must be deemed to protect directly and effectively against that risk. | 0 |
6,162 | 52. According to settled case-law, where, in the absence of EU rules governing the matter, it is for the legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, those detailed rules must not be less favourable than those governing similar domestic actions (principle of equivalence) and must not make it impossible in practice or excessively difficult to exercise rights conferred by EU law (principle of effectiveness) (judgment in Gruber , C‑570/13, EU:C:2015:231, paragraph 37 and the case-law cited). As far as the latter principle is concerned, it should also be recalled that Article 47 of the Charter of Fundamental Rights of the European Union enshrines the right to an effective remedy before an impartial tribunal (see, to that effect, judgment in Unibet , C‑432/05, EU:C:2007:163, paragraph 37 and the case-law cited). | 40
With regard to a restriction such as that at issue in the main proceedings, it is important to note that such a restriction is not necessary to ensure the effective collection of IRC. | 0 |
6,163 | 63. It is settled case-law that the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified ( Arnold André , cited above, paragraph 68; Swedish Match , cited above, paragraph 70; and Joined Cases C‑154/04 and C‑155/04 Alliance for Natural Health and Others [2005] ECR I‑0000, paragraph 115). | 96. Second, the following comments should be made regarding, more specifically, the context in which the fourth question has been asked. | 0 |
6,164 | 25 Having regard to similar circumstances, in paragraphs 43 and 25 respectively of Dorsch Consult and Tögel, cited above, the Court stated that the Member States' obligation arising from a directive to achieve the result prescribed by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation is binding on all the authorities of Member States, including, for matters within their jurisdiction, the courts. It followed that, when applying national law, whether adopted before or after the directive, the national court having to interpret that law must do so, as far as possible, in the light of the wording and purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (see the judgments in Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret [1993] ECR I-6911, paragraph 20; and in Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26). | 90. The argument put forward by the German Government maintaining the contrary is, therefore, unfounded. | 0 |
6,165 | 35 It is clear from the case-law of the Court that an economic operator is not entitled to expect that, when he has benefited from decisions of a national authority that do not comply with a clear and unequivocal rule of Community law, the same authority will adopt a further decision, or retain an existing decision unaltered, in breach of Community law (see, to that effect, Case C-325/96 Fábrica de Queijo Eru Portuguesa v Sub-director Geral das Alfândegas [1997] ECR I-7249, paragraph 22). | 71 As regards respect for human dignity, this is guaranteed in principle by Article 5(1) of the Directive which provides that the human body at the various stages of its formation and development cannot constitute a patentable invention. | 0 |
6,166 | 26. With regard to the difficulty of severing the economic aspects from the sporting aspects of a sport, the Court has held (in Donà , paragraphs 14 and 15) that the provisions of Community law concerning freedom of movement for persons and freedom to provide services do not preclude rules or practices justified on non-economic grounds which relate to the particular nature and context of certain sporting events. It has stressed, however, that such a restriction on the scope of the provisions in question must remain limited to its proper objective. It cannot, therefore, be relied upon to exclude the whole of a sporting activity from the scope of the Treaty ( Bosman , paragraph 76, and Deliège , paragraph 43). | 77. Once the authorities of one Member State have issued a driving licence in accordance with Article 1(1) of Directive 91/439, the other Member States are not entitled to investigate whether the conditions for issue laid down by that directive have been observed. The possession of a driving licence issued by one Member State has to be regarded as constituting proof that, on the day that licence was issued, its holder fulfilled those conditions ( Wiedemann and Funk , paragraph 53; Zerche and Others , paragraph 50). | 0 |
6,167 | 61. It is apparent from the Court’s case-law that the right to a fair hearing, which is a fundamental principle of Community law and forms, in particular, part of the rights of the defence, requires that the undertaking concerned must have been afforded the opportunity, during the administrative procedure, to make known its views on the truth and relevance of the facts and circumstances alleged and on the documents used by the Commission to support its claim that there has been an infringement of the EC Treaty (see inter alia, to that effect, Case 17/74 Transocean Marine Paint Association v Commission [1974] ECR 1063, paragraph 15; Joined Cases 100/80 to 103/80 Musique diffusion française and Others v Commission [1983] ECR 1825, paragraph 10; Kali & Salz , paragraph 174; and Aalborg Portland and Others v Commission , paragraph 66). | 32. The Court can refuse to give a preliminary ruling on a question submitted by a national court only where it is quite obvious that the ruling sought by that court on the interpretation or validity of Community law bears no relation to the actual facts of the main action or its purpose, or where the problem is hypothetical (see Bosman , paragraph 61, and Acereda Herrera , paragraph 48). | 0 |
6,168 | 45
First, as regards the argument alleging a failure to state reasons in the orders under appeal, it should be recalled that, according to settled case-law, the duty owed by the General Court under Article 36 and the first paragraph of Article 53 of the Statute of the Court of Justice of the European Union to state reasons does not require the General Court to provide an account that follows exhaustively and one by one all the arguments articulated by the parties to the case. The reasoning may also be implicit, on condition that it enables the persons concerned to understand the grounds of the General Court’s judgment and provides the Court of Justice with sufficient information to exercise its powers of review on appeal (see, inter alia, judgment of 8 March 2016, Greece v Commission, C‑431/14 P, EU:C:2016:145, paragraph 38 and the case-law cited). | 39. First, to accept that such reproductions may be made from an unlawful source would encourage the circulation of counterfeited or pirated works, thus inevitably reducing the volume of sales or of other lawful transactions relating to the protected works, with the result that a normal exploitation of those works would be adversely affected. | 0 |
6,169 | 31. Thus, the Court has acknowledged that the shareholder who subscribes to the statutes of a company is deemed to give his consent to a jurisdiction clause therein, on the ground that subscribing creates a relationship between the shareholder and the company and between the shareholders themselves which must be regarded as contractual (see to that effect, Powell Duffryn , paragraphs 16 to 19). | 36. ‘Economic activities’ are defined in Article 4(2) of the Sixth Directive as including all activities of producers, traders and persons supplying services, inter alia the exploitation of tangible or intangible property for the purpose of obtaining income therefrom on a continuing basis (see, in particular, Case C‑465/03 Kretztechnik [2005] ECR I‑4357, paragraph 18; and Hutchison 3G and Others , paragraph 27). | 0 |
6,170 | 21. In particular, it stated that, even though an environmental impact assessment had not been carried out pursuant to Directive 92/43, it should have been made pursuant to Directive 85/337. Although the projects at issue are referred to in Annex II to Directive 85/337, the Portuguese authorities acted in breach of the discretion afforded them under Article 4(2) of the Directive, which, as the Court has confirmed, is limited by Article 2(1) thereof (see, to that effect, Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraph 64). According to the Commission, the projects would undoubtedly give rise to significant effects on the environment since the areas in question included habitat types referred to in Annex I to Directive 92/43 and species referred to in Annex II to the Directive. | 17. However, it follows from settled case-law that where domestic legislation adopts the same solutions as those adopted in EU law in order, in particular, to avoid discrimination against foreign nationals or any distortion of competition, it is clearly in the European Union’s interest that, in order to forestall future differences of interpretation, provisions or concepts taken from EU law should be interpreted uniformly, irrespective of the circumstances in which they are to apply (see, in particular, judgments in Poseidon Chartering , C‑3/04, EU:C:2006:176, paragraphs 15 and 16; Volvo Car Germany , C‑203/09, EU:C:2010:647, paragraphs 24 and 25, and in Unamar , C‑184/12, EU:C:2013:663, paragraphs 30 and 31). | 0 |
6,171 | 60
As regards the measure laid down in Article 1(78)(b), subsection 23, of Law No 220/2010, namely, the imposing of sanctions in the form of penalties, in the case of breach of contractual clauses which may be attributed to the concession holder, including in the event of an involuntary breach, it should be noted that penalties are not compatible with EU law if the conditions determining their application are themselves contrary to EU law (see, to that effect, judgment of 6 March 2007, Placanica and Others, C‑338/04, C‑359/04 and C‑360/04, EU:C:2007:133, paragraph 69). The penalties must not go beyond what is strictly necessary for the objectives pursued and a penalty must not be so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the Treaty (see, to that effect, judgment of 5 July 2007, Ntionik and Pikoulas, C‑430/05, EU:C:2007:410 paragraph 54). | 37 Since, in line with the Kziber and Yousfi judgments cited above, the term "social security" used in Article 39(1) of the Agreement cannot be given a definition different from that which it is recognized as having in the context of Regulation No 1408/71, a benefit of the same kind as the supplementary allowance from the FNS comes within the field of social security within the meaning of that provision. | 0 |
6,172 | 17. It is a matter of agreement in the main proceedings that the sign which is identical to the mark at issue is used in the course of a commercial activity with a view to gain and not as a private matter. The mark is therefore being used in the course of trade (see, by analogy, Arsenal Football Club , paragraph 40, and Adam Opel , paragraph 18). | 40 In those circumstances, as the national court stated, the use of the sign identical to the mark is indeed use in the course of trade, since it takes place in the context of commercial activity with a view to economic advantage and not as a private matter. It also falls within Article 5(1)(a) of the Directive, as use of a sign which is identical to the trade mark for goods which are identical to those for which the mark is registered. | 1 |
6,173 | 39. Furthermore, the direct nature of the link must be established, in light of the objective pursued by the tax rules concerned, in relation to the relevant tax payers by a strict correlation between the deductible element and the taxable element (see, to that effect, Case C‑80/94 Wielockx [1995] ECR I‑2493, paragraph 24). | 127. Moreover, by virtue of Article 6(2) of the Habitats Directive, the protective legal status of SPAs must guarantee the avoidance therein of the deterioration of natural habitats and the habitats of species as well as significant disturbance of the species for which those areas have been classified (see, in particular, Case C‑535/07 Commission v Austria [2010] ECR I‑0000, paragraph 58 and case-law cited). | 0 |
6,174 | 45. Similarly, as regards certain social security benefits under national schemes other than the German care insurance scheme, the Court has held in essence that benefits that are granted objectively on the basis of a legally defined position and are intended to improve the state of health and life of persons reliant on care must be regarded as ‘sickness benefits’ within the meaning of Article 4(1)(a) of Regulation No 1408/71 (see, to that effect, Case C‑215/99 Jauch [2001] ECR I‑1901, paragraph 28; Case C‑286/03 Hosse [2006] ECR I‑1771, paragraphs 38 to 44; and Case C‑299/05 Commission v Parliament and Council [2007] ECR I‑8695, paragraphs 10, 61 and 70). | 52 Such advertising is not essential to the further commercialisation of goods put on the Community market under the trade mark by its proprietor or with his consent or, therefore, to the purpose of the exhaustion rule laid down in Article 7 of the directive. Moreover, it is contrary to the obligation to act fairly in relation to the legitimate interests of the trade mark owner and it affects the value of the trade mark by taking unfair advantage of its distinctive character or repute. It is also incompatible with the specific object of a trade mark which is, according to the case-law of the Court, to protect the proprietor against competitors wishing to take advantage of the status and reputation of the trade mark (see, inter alia, Case C-10/89 HAG GF [1990] ECR I-3711, `HAG II', paragraph 14). | 0 |
6,175 | 61. As the Court has already held, in the area of checks and penalties for irregularities committed under Community law, the Community legislature has, by adopting Regulation No 2988/95, laid down a series of general principles and has required that, as a general rule, all sectoral regulations comply with those principles (see, to that effect, Case C‑94/05 Emsland‑Stärke [2006] ECR I‑2619, paragraph 50, and the case‑law cited). | 44 Maintaining the good reputation of the national financial sector may therefore constitute an imperative reason of public interest capable of justifying restrictions on the freedom to provide financial services. | 0 |
6,176 | 62. It is true also that, according to consistent case-law, the principle of equality and non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see, in particular, Case C-248/04 Koninklijke Coöperatie Cosun [2006] ECR I‑10211, paragraph 72, and Case C‑303/05 Advocaten voor de Wereld [2007] ECR I-0000, paragraph 56). | 31. As the Advocate General observes in point 25 of his Opinion, Sotacarbo’s objects include developing new technologies for the use of coal and providing specialist support services for authorities, public bodies and companies interested in the development of those technologies. An undertaking’s economic activity generally consists in precisely that kind of activity. Moreover, it is not disputed that Sotacarbo is run for profit. | 0 |
6,177 | 31 Although it is undisputed that the first paragraph of Article 6 of the EC Treaty is not concerned with any disparities in treatment or the distortions which may result, for the persons and undertakings subject to the jurisdiction of the Community, from divergences existing between the laws of the various Member States, so long as those laws affect all the persons subject to them, in accordance with objective criteria and without direct or indirect regard to nationality, it does prohibit any discrimination on grounds of nationality. Consequently, that provision requires each Member State to ensure that nationals of other Member States in a situation governed by Community law are placed on a completely equal footing with its own nationals (see, to that effect, Phil Collins and Others, cited above, paragraphs 30 and 32). | 20 IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .
| 0 |
6,178 | 23. Furthermore, it should be noted that in the Commission v Italy judgment cited above the Court had to give a ruling on the interpretation of Article 9 of the directive with respect to a national provision concerning hunting, according to which the regions could operate or authorize the operation, by means of specific regulations, of arrangements for capturing and selling, even outside the period when hunting was allowed, migratory birds of species to be specified from among those which might be hunted under that law, with a view to their being kept for use as live decoys in cover-shooting, or for recreational purposes in traditional fairs and markets. In that judgment, the Court observed first that the provision concerned made no reference to Article 9(1), which provides that a derogation from Articles 7 and 8 of the directive may be granted only if there is no other satisfactory solution, and secondly that the provision of national law did not, contrary to the requirements of Article 9(2) of the directive, specify the means, arrangements or methods of capture authorized, the circumstances of time and place under which the derogations might be granted or the species covered by the derogations. The Court stated that since the provision in question did not establish the criteria and conditions provided for in Article 9(2) of the directive or require the regions to take account of those criteria and conditions, it introduced an element of uncertainty as regards the obligations which the regions must observe when adopting their regulations. Therefore, there was no guarantee that the capture of certain species of birds would be limited to the strict minimum, as required by Article 9(1)(c), that the period of capture would not coincide unnecessarily with periods in which the directive aims to provide special protection or that the means, arrangements or methods for capture were not large-scale, non-selective or capable of causing the local disappearance of a species. It followed that the essential elements of Article 9 of the directive had not been transposed completely, clearly and unequivocally into the Italian rules ( Commission v Italy , cited above, paragraph 39). | 10 THE QUESTION REFERRED BY THE COUR D ' APPEL , LIEGE , MUST BE RESOLVED IN THE LIGHT OF ALL THE PROVISIONS OF THE TREATY AND OF SECONDARY LEGISLATION WHICH MAY BE RELEVANT TO THE PROBLEM .
| 0 |
6,179 | 28
The Court observes in that regard that an activity can be considered to comply with Article 6(2) of Directive 92/43 only if it is guaranteed that it will not cause any disturbance that is likely significantly to affect the objectives of the directive, in particular its objectives concerning the conservation of natural habitats and of wild fauna and flora. In order to find an infringement of Article 6(2) of Directive 92/43, the Commission must demonstrate to a sufficient legal standard that the Member State concerned has not taken the appropriate protective measures to prevent the operational activities of projects — in so far as these took place after designation of the site in question — from giving rise to deterioration of the habitats of the species concerned and disturbance of those species likely to have significant effects in view of the directive’s objective of ensuring the conservation of those species (see, by analogy, judgment of 14 January 2016, Commission v Bulgaria, C‑141/14, EU:C:2016:8, paragraphs 56 and 57 and the case-law cited). | 57
It follows that the present complaint is well founded only if the Commission demonstrates to a sufficient legal standard that the Republic of Bulgaria has not taken the appropriate protective measures, consisting in ensuring that the activities associated with the operation of the installations resulting from those projects, in so far as they took place after the classification of the Kaliakra and Belite Skali sites as SPAs, would not lead to deteriorations of the habitats of a number of species or cause disturbances, to the detriment of those species, likely to have significant effects having regard to the objective of the Habitats Directive of ensuring the conservation of those species (see, by analogy, judgment in Commission v Spain, C‑404/09, EU:C:2011:768, paragraph 128). | 1 |
6,180 | 24
At the outset, it should be borne in mind that, according to settled case-law of the Court, the objective of EU law on customs valuation is to introduce a fair, uniform and neutral system excluding the use of arbitrary or fictitious customs values. The customs value must thus reflect the real economic value of an imported good and take into account all of the elements of that good that have economic value (see, to that effect, judgments of 16 November 2006, Compaq Computer International Corporation, C‑306/04, EU:C:2006:716, paragraph 30; of 16 June 2016, EURO 2004. Hungary, C‑291/15, EU:C:2016:455, paragraphs 23 and 26; and of 9 March 2017, GE Healthcare, C‑173/15, EU:C:2017:195, paragraph 30). | 41. In that regard, it must be stated that while the English and Dutch versions of that provision are ambiguous as to its scope, it is clear, particularly from the Danish, German, French and Italian versions, that Article 13B(d)(6) of the Sixth Directive refers to the Member States’ definitions only as regards the meaning of ‘special investment funds’. | 0 |
6,181 | 45. Un tel moyen vise ainsi, en réalité, à ce qu’il soit procédé à un réexamen des faits et des preuves soumis au Tribunal. À cet égard, il convient de rappeler qu’il résulte des articles 225 CE et 58, premier alinéa, du statut de la Cour de justice que le Tribunal est seul compétent, d’une part, pour constater les faits, sauf dans le cas où l’inexactitude matérielle de ses constatations résulterait des pièces du dossier qui lui ont été soumises, et, d’autre part, pour apprécier ces faits (voir, notamment, arrêts du 17 décembre 1998, Baustahlgewebe/Commission, C-185/95 P, Rec. p. I‑8417, point 23, et du 6 avril 2006, General Motors/Commission, C‑551/03 P, Rec. p. I‑3173, point 51). | 28. Nevertheless, it is settled case-law that any individual has the right to claim damages for loss caused to him by conduct which is liable to restrict or distort competition (see Case C‑453/99 Courage and Crehan [2001] ECR I‑6297, paragraphs 24 and 26, and Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraphs 59 and 61). | 0 |
6,182 | 39. However, if such re-use requires long-term storage operations which constitute a burden to the holder and are also potentially the cause of precisely the environmental pollution which the directive seeks to reduce, that re-use cannot be described as a certainty and is foreseeable only in the longer term, and accordingly the substance in question must, as a general rule, be regarded as waste (see, to that effect, Palin Granit , paragraph 38, and AvestaPolarit Chrome , paragraph 39). | 25 As the Court has consistently held (see, most recently, von Deetzen v Hauptzollamt Oldenburg, paragraph 23), the prohibition of discrimination between Community producers laid down in Article 40(3) of the Treaty is merely a specific enunciation of the general principle of equality which is one of the fundamental principles of Community law. That principle requires that similar situations must not be treated differently unless differentiation is objectively justified. | 0 |
6,183 | 54 It was in that context that the Court observed, in paragraphs 29 and 30 of Taflan-Met, comparing Regulations No 1408/71 and its implementing regulation, No 574/72, with Decision No 3/80, that, even though the Decision refers specifically to certain provisions of the two regulations, the Decision does not contain a large number of precise, detailed provisions, deemed indispensable for the purpose of implementing Regulation No 1408/71 within the Community. It emphasised in paragraph 32 in particular that, whilst Decision No 3/80 sets out the fundamental principle of aggregation for the branches sickness and maternity, invalidity, old age, death grants and family benefits by reference to Regulation No 1408/71, supplementary implementing measures of the kind set out in Regulation No 574/72 must be adopted before that principle can be applied. The Court pointed out, at paragraphs 35 and 36, that such measures as well as detailed provisions relating, inter alia, to prevention of overlapping benefits and to determination of the applicable legislation, appear only in the proposal for a Council (EEC) Regulation implementing within the European Economic Community Decision No 3/80 submitted by the Commission on 8 February 1983, which has not yet been adopted by the Council. It concluded that, until adoption of those implementing measures, the coordinating rules in Decision No 3/80 on which the plaintiffs had based their claims could not be relied on by them directly before the national courts of a Member State. | 20. Il y a lieu d’ajouter qu’il ressort également de la jurisprudence de la Cour que, lorsque la Commission a fourni suffisamment d’éléments faisant apparaître que les dispositions nationales adoptées par l’État membre défendeur ne sont pas de nature à garantir la mise en œuvre effective d’une directive, il incombe à cet État membre de contester de manière substantielle et détaillée les éléments ainsi présentés et les conséquences qui en découlent (voir arrêt Commission/Irlande, précité, point 69). | 0 |
6,184 | 24. In this connection, the Court of Justice has stated that it is possible that an earlier mark used by a third party in a composite sign that includes the name of the company of the third party retains an independent distinctive role in the composite sign. Accordingly, in order to establish the likelihood of confusion, it suffices that, on account of the earlier mark still having an independent distinctive role, the public attributes the origin of the goods or services covered by the composite sign to the owner of that mark (Case C‑120/04 Medion EU:C:2005:594, paragraphs 30 and 36, and order in Case C‑353/09 P Perfetti Van Melle v OHIM EU:C:2011:73, paragraph 36). | 26. In the present case, the plea in law based on the adoption of the 2008 SNE decision, which occurred in the course of the proceedings before the Court of Justice, is in any event ineffective, since the legality of a Community measure must be assessed on the basis of the facts and the law as they stood at the time when the measure was adopted (see Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraph 7; Case C‑449/98 P IECC v Commission [2001] ECR I-3875, paragraph 87; and Case C-443/07 P Centeno Mediavilla and Others v Commission [2008] ECR I-10945, paragraphs 110 and 111). | 0 |
6,185 | 58
Thus, although, in the absence of EU rules in the area of payment of tax credits of which the beneficiaries have been unduly deprived, it is for the domestic legal system of each Member State to determine the procedural rules governing actions intended to ensure the protection of directly effective EU law rights, under the principle of equivalence, those rules must not be less favourable than those relating to similar domestic actions (see, to that effect, judgments of 16 December 1976, Rewe-Zentralfinanz and Rewe-Zentral, 33/76, EU:C:1976:188, paragraph 5; of 8 March 2001, Metallgesellschaft and Others, C‑397/98 and C‑410/98, EU:C:2001:134, paragraph 85; of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 203, and of 6 October 2015, Târșia, C‑69/14, EU:C:2015:662, paragraphs 26 and 27). | 32. Consequently, in accordance with Article 232(1)(b) of the Customs Code, interest on arrears may be charged only in respect of the period falling after the deadline for payment of the customs debt, since it is not the role of that provision either to prevent the financial losses sustained by the customs authorities or to compensate for the advantages accruing to traders because of the delay, brought about by the behaviour of those traders, before the customs debt is entered in the accounts for the purposes of the Customs Code and before the amount of the debt, or the debtor owing the debt, is determined. | 0 |
6,186 | 62
In any event, it is for the party seeking to establish the European Union’s non-contractual liability to adduce conclusive proof as to the existence and extent of the damage it alleges (judgments of 16 September 1997, Blackspur DIY and Others v Council and Commission, C‑362/95 P, EU:C:1997:401, paragraph 31, and of 16 July 2009, SELEX Sistemi Integrati v Commission, C‑481/07 P, not published, EU:C:2009:461, paragraph 36 and the case-law cited), and as to the existence of a sufficiently direct causal nexus between the conduct of the institution concerned and the damage alleged (see, to that effect, judgment of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 25, and order of 31 March 2011, Mauerhofer v Commission, C‑433/10 P, not published, EU:C:2011:204, paragraph 127). | 31 Those differences can be traced to the fact that one of the two retirement schemes provides for a higher pension rate for a worker whose spouse is not in receipt of a retirement pension or equivalent benefit, it being assumed that such a pension or benefit increases the couple' s total income and may, in any event, be waived, while the other scheme, in the same circumstances, awards each spouse, on reaching retirement age, a non-renounceable pension of an equal amount, without however implying any increase at all in the couple' s total income. | 0 |
6,187 | 76. According to settled case-law, the principle of effective judicial protection is a general principle of Community law and it is for the courts of the Member States to ensure judicial protection of an individual’s rights under Community law (see, to that effect, Case C‑432/05 Unibet [2007] ECR I-0000, paragraphs 37 and 38, and the case-law cited). It is by applying that principle that the Court has acknowledged that it falls within the jurisdiction of the national courts to ensure that the Directive is applied and that the rights which individuals derive from it are protected by deciding upon, inter alia, the place of normal residence (see, to that effect, Louloudakis , paragraphs 57 and 70). | 26 The examination procedure must be applied whenever the awarding authority is contemplating the elimination of tenders because they are abnormally low in relation to the transaction . Consequently, whatever the threshold for the commencement of that procedure may be, tenderers can be sure that they will not be disqualified from the award of the contract without first having the opportunity of furnishing explanations regarding the genuine nature of their tenders . | 0 |
6,188 | 26. On the other hand, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking must be examined exclusively in light of the free movement of capital ( Test Claimants in the FII Group Litigation , paragraph 92 and the case-law cited). | 14. En second lieu, ainsi qu’il résulte d’une jurisprudence constante, les mesures interdites par l’article 63, paragraphe 1, TFUE, en tant que restrictions aux mouvements de capitaux, comprennent celles qui sont de nature à dissuader les non‑résidents de faire des investissements dans un État membre ou à dissuader les résidents dudit État membre d’en faire dans d’autres États (voir, notamment, arrêt du 8 novembre 2012, Commission/Finlande, C‑342/10, non encore publié au Recueil, point 28 et jurisprudence citée). | 0 |
6,189 | 45. It is important that the referring court ascertain, on the basis of the facts, which it alone is in a position to assess, whether, in the cases before it, the damage in respect of which preventive and remedial measures were imposed by the competent national authorities falls within the scope of Directive 2004/35 as delimited in Article 17 thereof (see, to that effect, judgment in ERG and Others , EU:C:2010:126, paragraph 43). | 32. Or, selon une jurisprudence constante, l’impossibilité de soulever de nouveaux moyens au stade du pourvoi s’étend à tout grief ou à tout argument qui n’a pas été invoqué devant le Tribunal, même s’il ne s’agit pas d’un moyen de droit distinct (voir, en ce sens, arrêts du 21 septembre 2006, JCB Service/Commission, C‑167/04 P, Rec. p. I‑8935, points 113 et 114; du 26 octobre 2006, Koninklijke Coöperatie Cosun/Commission, C‑68/05 P, Rec. p. I‑10367, point 96, ainsi que du 25 janvier 2007, Dalmine/Commission, C‑407/04 P, Rec. p. I‑829, point 121). | 0 |
6,190 | 46. Furthermore, the derogations provided for in Articles 296 EC and 297 EC must, in accordance with settled case-law in respect of derogations from fundamental freedoms (see, inter alia, Case C‑503/03 Commission v Spain [2006] ECR I‑1097, paragraph 45; Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 86; and Case C‑141/07 Commission v Germany [2008] ECR I‑6935, paragraph 50), be interpreted strictly. | 42. Les juridictions communautaires veillent à faire respecter devant elles et à respecter elles-mêmes le principe du contradictoire (voir arrêt Commission/Irlande e.a., précité, points 51 et 54). Celui-ci doit bénéficier à toute partie à un procès dont est saisi le juge communautaire, quelle que soit sa qualité juridique. Les institutions communautaires peuvent aussi, par conséquent, s’en prévaloir lorsqu’elles sont parties à un tel procès (voir arrêt Commission/Irlande e.a., précité, point 53). | 0 |
6,191 | 45
In that context, it should be recalled that the Court has held that Article 2(1) of Directive 2006/126 imposes on the Member States a clear and precise obligation for the mutual recognition, without any formality, of driving licences, which leaves no room for discretion as to the measures to be adopted in order to comply with it (see, to that effect, judgments of 1 March 2012, Akyüz, C‑467/10, EU:C:2012:112, paragraph 40; of 26 April 2012, Hofmann, C‑419/10, EU:C:2012:240, paragraphs 43 and 44; and of 23 April 2015, Aykul, C‑260/13, EU:C:2015:257, paragraph 45). | 16. The public interest relating to the social protection of workers in the construction industry may however, because of conditions specific to that sector, constitute an overriding requirement justifying such a restriction on the freedom to provide services. | 0 |
6,192 | 35
In that regard, it should, however, be noted that national authorities could not reopen tax periods which have been definitively closed, on the basis of Article 132(1)(f) of Directive 2006/112, as interpreted in paragraph 32 above (see, by analogy, judgments of 6 October 2009, Asturcom Telecomunicaciones, C‑40/08, EU:C:2009:615, paragraph 37, and of 21 December 2016, Gutiérrez Naranjo and Others, C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980, paragraph 68). | 60. However, the period of practice at issue in the main proceedings comprises the pursuit of activities, normally remunerated by the client or by the firm for which the praticante works, with a view to access to a regulated profession to which Article 43 EC applies. In so far as the remuneration of the praticante takes the form of a salary, Article 39 EC may also apply. | 0 |
6,193 | 59. Lastly, with regard to Article 12 EC, the first paragraph of that article states that, within the scope of application of the Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality is to be prohibited. In addition, it is settled case-law that the principle of non‑discrimination laid down in Article 12 EC requires that comparable situations must not be treated differently unless such treatment is objectively justified (see Case C-403/03 Schempp [2005] ECR I-6421, paragraph 28).
– Compatibility with Article 18 EC | 19. It follows, in the Commission’s view, that the Council does not have the power to adopt a decision on the basis of the third subparagraph of Article 88(2) EC where an aid has been declared incompatible with the common market by a Commission decision. Nor, to that extent, did the Council have the power to override the effects of such a decision, by authorising the grant of aids designed to compensate the beneficiaries of the aid declared incompatible for the repayment which that decision obliged them to make. | 0 |
6,194 | 110
Furthermore, the Council and the Commission are obliged to adjudicate upon a claim for market economy treatment made by any producer established in a non-market economy country which is a member of the WTO at the date of the initiation of an anti-dumping investigation, including where they have recourse to sampling as provided for in Article 17 of Regulation No 384/96 (see, to this effect, judgments in Brosmann Footwear (HK) and Others v Council, C‑249/10 P, EU:C:2012:53, paragraphs 32 and 36 to 38, and Zhejiang Aokang Shoes v Council, C‑247/10 P, EU:C:2012:710, paragraphs 24, 29, 30 and 32). | 21. The common framework which Directive 97/13 seeks to establish would be rendered redundant if Member States were free to establish the financial charges to be borne by undertakings in the sector ( Albacom and Infostrada , paragraph 38). Accordingly, Member States may not levy any fees or charges in relation to authorisation procedures other than those provided for by Directive 97/13 (Case C‑339/04 Nuova società di telecomunicazioni [2006] ECR I‑6917, paragraph 35). | 0 |
6,195 | 34. The obligation of transparency, which is its corollary, is essentially intended to preclude any risk of favouritism or arbitrariness on the part of the contracting authority with respect to certain tenderers or certain tenders (see, to that effect, judgments in Commission v CAS Succhi di Frutta , EU:C:2004:236, paragraph 111, and Cartiera dell’Adda , EU:C:2014:2345, paragraph 44). | 55
In that respect, it must be noted, however, that the grant of social security benefits to a given person will entail costs for the institution that is required to provide those benefits, regardless of whether that person is a beneficiary of subsidiary protection status, a refugee, a third-country national who is legally resident in German territory on grounds that are not humanitarian or political or based on international law or a German national. The movement of recipients of those benefits or the fact that such persons are not equally concentrated throughout the Member State concerned may thus mean that the costs entailed are not evenly distributed among the various competent institutions, irrespective of the potential qualification of such recipients for subsidiary protection status. | 0 |
6,196 | 50 As far as those reasons are concerned, the Spanish Government refers to the specific nature of the product and the need to protect the good reputation attaching to the Rioja denominación de origen calificada by preserving, by means of the requirement at issue, the quality and guarantee of the origin of Rioja wine. That requirement is therefore justified by virtue of the protection of industrial and commercial property with which Article 36 of the Treaty is concerned. | 37
The Court has also held that the principles of transparency and equal treatment which govern all procedures for the award of public contracts require the substantive and procedural conditions concerning participation in a contract to be clearly defined in advance and made public, in particular the obligations of tenderers, in order that those tenderers may know exactly the procedural requirements and be sure that the same requirements apply to all candidates (see, to that effect, judgment of 9 February 2006 in La Cascina and Others, C‑226/04 and C‑228/04, EU:C:2006:94, paragraph 32). | 0 |
6,197 | 34. In any case, the fact that a tax imposed on the crossing of a frontier between States or within a State was introduced in order to compensate for a local charge applying to similar domestic products is not sufficient to exempt that tax from being classified as a charge having equivalent effect. If it were, it would make the prohibition on charges having an effect equivalent to customs duties empty and meaningless (see, to that effect, Case 132/78 Denkavit [1979] ECR 1923, paragraph 8, and Michaïlidis , paragraph 23). | 12 ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW . THUS THE AMENDMENT TO ARTICLE 27 OF ANNEX VIII , WHICH MOREOVER REFLECTS AN ALTERATION IN THE ATTITUDE OF THE LAW TOWARDS THE DIVORCED WIFE , MUST , SAVE AS OTHERWISE PROVIDED , APPLY FROM THE TIME OF ITS ENTRY INTO FORCE TO ALL DIVORCED WIVES OF DECEASED OFFICIALS .
| 0 |
6,198 | 31
In addition, that request may not lead to the submission by a tenderer of what would appear in reality to be a new tender (see judgments of 29 March 2012, SAG ELV Slovensko and Others, C‑599/10, EU:C:2012:191, paragraph 40, and of 10 October 2013, Manova, C‑336/12, EU:C:2013:647, paragraph 36). | 15. It must be stated that the contested ordinance had ceased to produce any legal effect at the expiry date of the state of emergency declared on Italian territory until 31 October 2002 by the decree of the President of the Council of Ministers of 28 June 2002, the duration for the application of that ordinance being limited to that fixed by the decree. | 0 |
6,199 | 25. As an initial point, it should be noted that the exemptions referred to in Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see, inter alia, Case C‑349/96 CPP [1999] ECR I‑973, paragraph 15, and Case C‑269/00 Seeling [2003] ECR I‑4101, paragraph 46). | 83. The inclusion of an organisation on a list annexed to Common Position 2001/931 is thus, as the Advocate General observes in point 95 of her Opinion, a strong indication that it either is a terrorist organisation or is suspected to be such an organisation. Such a circumstance must thus necessarily be taken into account by the competent national authorities when they must, as a first step, determine whether the organisation in question has committed terrorist acts. | 0 |
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