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6,200 | 75 The Community court's review must be limited in particular if, as in the present case, the Community institutions have to reconcile divergent interests and thus to select options within the context of the policy choices which are their own responsibility (see, to that effect, Case C-17/98 Emesa Sugar, cited above, paragraph 53).
The quantities of rice originating in the OCTs imported into the Community | 53 It should be borne in mind that in a sphere such as this, in which the Community institutions have a broad discretion, the lawfulness of a measure can be affected only if the measure is manifestly inappropriate having regard to the objective pursued. The Court's review must be limited in particular if the Council has to reconcile divergent interests and thus select options within the context of the policy choices which are its own responsibility (see Case C-280/93 Germany v Council [1994] ECR I-4973, paragraphs 90 and 91; Case C-44/94 Fishermen's Organisations and Others [1995] ECR I-3115, paragraph 37; and Case C-150/94 United Kingdom v Council [1998] ECR I-7235, paragraph 87). | 1 |
6,201 | 17. Moreover, that directive refers to a number of areas in which national law is to apply. Such is the case, in particular, as is clear from recital 15 in the preamble, with regard to the various procedures of forced execution of an enforceable title and the conditions under which forced execution of such a title can be stopped or suspended ( Commission v Italy , cited above, paragraph 24). | 5 ARTICLE 50 COVERS CASES WHERE THE PERIODS OF EMPLOYMENT OF THE WORKER UNDER THE LEGISLATION OF THE STATES TO WHICH HE WAS SUBJECT WERE RELATIVELY SHORT WITH THE RESULT THAT THE TOTAL AMOUNT OF THE BENEFITS PAYABLE BY THOSE STATES DOES NOT PROVIDE A REASONABLE STANDARD OF LIVING .
| 0 |
6,202 | 56. In view of the nature and importance of the public interest underlying the protection which Article 5(3) of Directive 1999/44 confers on consumers, that provision must be regarded as a provision of equal standing to a national rule which ranks, within the domestic legal system, as a rule of public policy. It follows that where, under its domestic legal system, it has a discretion as to whether to apply such a rule of its own motion, the national court must of its own motion apply any provision of its domestic law which transposes Article 5(3) of Directive 1999/44 (see, to that effect, judgment in Asturcom Telecomunicaciones , C‑40/08, EU:C:2009:615, paragraphs 52 to 54 and the case-law cited). | 46. It must therefore be concluded that, when assessing whether a pricing practice which causes a margin squeeze is abusive, account should as a general rule be taken primarily of the prices and costs of the undertaking concerned on the retail services market. Only where it is not possible, in particular circumstances, to refer to those prices and costs should those of its competitors on the same market be examined.
The absence of any regulatory obligation to supply | 0 |
6,203 | 39. The transactions exempted under that provision are thus defined according to the nature of the services provided. In order to be regarded as exempt transactions the services in question must, viewed broadly, form a distinct whole, fulfilling the specific, essential functions of a service described in that provision (see judgment in Axa UK , C‑175/09, EU:C:2010:646, paragraphs 26 and 27 and the case-law cited). | 36
The Court therefore holds that, in a review of proportionality, the approach taken by the referring court must be dynamic rather than static in the sense that it must take account of the way in which circumstances have developed following the adoption of the legislation concerned. | 0 |
6,204 | 20 Nothing justifies a parent company's and its subsidiaries' uniform conduct on the market having greater importance in the application of the Directive than the formal separation between those companies which have distinct legal personalities. That outcome, which would exclude transfers between companies in the same group from the scope of the Directive, would be precisely contrary to the Directive's aim, which is, according to the Court, to ensure, so far as possible, that the rights of employees are safeguarded in the event of a change of employer by allowing them to remain in employment with the new employer on the terms and conditions agreed with the transferor (see, in particular, Ny Mølle Kro, cited above, paragraph 12, and Daddy's Dance Hall, cited above, paragraph 9). | 105. In order to determine whether the complaint raised is well founded, it must be pointed out that, in accordance with established case-law, it is incumbent upon the Commission to prove the allegation that an obligation has not been fulfilled. It is the Commission’s responsibility to place before the Court all the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, Case C‑434/01 Commission v United Kingdom [2003] ECR I‑13239, paragraph 21; Case C‑117/02 Commission v Portugal [2004] ECR I‑5517, paragraph 80; and Case C‑135/05 Commission v Italy [2007] ECR I‑0000, paragraph 26). | 0 |
6,205 | 19. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia , Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39). | 18. Planning permission may be granted in several forms, one of which is outline permission with a requirement of subsequent approval of the reserved matters. | 0 |
6,206 | 66. It is sufficient to recall in that regard that, as the Court has consistently held, a rule of secondary legislation, such as Article 8 of Directive 2000/36, cannot be interpreted as authorising the Member States to impose or to maintain conditions contrary to the Treaty rules on the free movement of goods (see, to that effect, inter alia , Case C-47/90 Delhaize et Le Lion [1992] ECR I-3669, paragraph 26; Case C-315/92 Verband Sozialer Wettbewerb [1994] ECR I-317, "Clinique " , paragraph 12; and Joined Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb and Others [1996] ECR I-3457, paragraph 27).
Applicability of Article 30 of the Treaty | 98. In any event, it should be borne in mind that it is for the Member States alone to determine the extent of the sickness cover available to insured persons, so that, when the insured go without prior authorisation to a Member State other than that in which their sickness fund is established to receive treatment there, they can claim reimbursement of the cost of the treatment given to them only within the limits of the cover provided by the sickness insurance scheme in the Member State of affiliation.
The argument based on the essential characteristics of the Netherlands sickness insurance scheme | 0 |
6,207 | 37. The Court has already had occasion to point out that the International Covenant on Civil and Political Rights is one of the international instruments for the protection of human rights of which it takes account in applying the general principles of Community law (see, inter alia, Case 374/87 Orkem v Commission [1989] ECR 3283, paragraph 31; Joined Cases C-297/88 and C-197/89 Dzodzi [1990] ECR I‑3763, paragraph 68; and Case C-249/96 Grant [1998] ECR I-621, paragraph 44). That is also true of the Convention on the Rights of the Child referred to above which, like the Covenant, binds each of the Member States. | 36. Furthermore, it is to be borne in mind that the Court has recognised that a national tax measure restrictive of the freedom to provide services could constitute a prohibited measure, whether it is applied by the State itself or by a local authority (see, to that effect, Case C-17/00 De Coster [2001] ECR I-9445, paragraphs 26 et 27). | 0 |
6,208 | 78. À supposer même que les arrêts rendus au titre de l’article 226 CE aient les mêmes effets que ceux rendus au titre de l’article 234 CE et que, partant, des considérations de sécurité juridique puissent rendre nécessaire, à titre exceptionnel, la limitation de leurs effets dans le temps (voir, en ce sens, arrêts du 7 juin 2007, Commission/Grèce, C‑178/05, Rec. p. I–4185, point 67, et du 12 février 2009, Commission/Pologne, C–475/07, point 61), il n’existe, en l’espèce, aucun élément de nature à justifier une limitation des effets de l’arrêt de la Cour. | 80. As the Advocate General observes in point 99 of her Opinion, the requirements of coherence of the tax system and the balanced allocation of powers of taxation coincide. | 0 |
6,209 | 60. Those considerations are based on the premiss that the application of Directives 92/50, 93/36 and 93/37 depends on the existence of a contract concluded between two distinct persons (see Teckal , paragraphs 46 and 49). Yet the application of Articles 12 EC, 43 EC and 49 EC, as well as the principles of equal treatment, non-discrimination and transparency associated with them, does not depend on the existence of a contract. As a result, the considerations developed in the case-law cited in paragraphs 56 to 59 of this judgment do not apply automatically either to those provisions of the Treaty or to those principles. | 50. On the one hand, the competent authorities must know with clarity and precision the nature of the signs of which a mark consists in order to be able to fulfil their obligations in relation to the prior examination of registration applications and to the publication and maintenance of an appropriate and precise register of trade marks. | 0 |
6,210 | 23. However, the fact remains that, as far as the exercise of the power of taxation so allocated is concerned, the Member States may not disregard Community rules (see Saint-Gobain , paragraph 58, and Denkavit Internationaal and Denkavit France , paragraph 44). In particular, such an allocation of fiscal jurisdiction does not permit Member States to introduce discriminatory measures which are contrary to the Community rules (Bouanich, paragraph 50, and Denkavit Internationaal and Denkavit France , paragraph 44). | 34 However, Sardegna Lines is in a different position. It is concerned by Decision 98/95 not only by virtue of being an undertaking in the shipping sector in Sardinia and a potential beneficiary of the aid scheme for Sardinian shipowners but also by virtue of being an actual beneficiary of individual aid granted under that scheme, the recovery of which has been ordered by the Commission. | 0 |
6,211 | 26. In the case of gifts, it follows from that case-law that the measures prohibited by Article 56(1) EC as being restrictions on the movement of capital include those whose effect is to reduce the value of a gift by a resident of a Member State other than that in which the property concerned is located and which taxes the gift of that property (see, by analogy, van Hilten-van der Heijden , paragraph 44; Jäger , paragraph 31; Eckelkamp and Others , paragraph 44; Arens-Sikken , paragraph 37; and Block , paragraph 24). | 102. As the referring court itself observed in its questions, the national legislation at issue in the main proceedings thus allows fixed-term employment contracts to be concluded for the purposes of meeting what are essentially temporary needs. However, it must be acknowledged that such needs may constitute ‘objective reasons’ for the renewal of such contracts under clause 5(1)(a) of the Framework Agreement. | 0 |
6,212 | 85 As regards the assessment of the potential risk to the EAGGF resulting from failure to distil the required quantity of wine, it should be borne in mind that, according to the case-law of the Court, the Commission is authorised to calculate that risk on the basis of the wine remaining in storage (Case C-253/97 Italy v Commission, cited above, paragraph 96). Moreover, the Greek Government has not adduced any evidence capable of calling into question the accuracy of the Commission's calculations. | 41. The mere fact that Mr Rosado Santana obtained the status of career civil servant and that his access to an internal selection procedure is conditional upon the holding of that status does not mean that, in certain circumstances, he cannot rely on the principle of non-discrimination laid down in clause 4 of the framework agreement. | 0 |
6,213 | 32. The reason for pursuing that objective is the need to avoid a situation in which the level of protection of fundamental rights varies according to the national law involved in such a way as to undermine the unity, primacy and effectiveness of EU law (see, to that effect, Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and Case C‑399/11 Melloni [2013] ECR, paragraph 60). However, there is nothing in the order for reference to suggest that any such risk is involved in the case before the referring court. | 97. Second, with regard to air transport, passengers whose flights are cancelled or subject to a long delay are in an objectively different situation from that experienced by passengers on other means of transport in the event of incidents of the same nature. Because, in particular, of the location of airports, which are generally outside urban centres, and of the particular procedures for checking-in and reclaiming baggage, the inconvenience suffered by passengers when such incidents occur is not comparable. | 0 |
6,214 | 9 As this Court held in its judgment in Joined Cases 144/87 and 145/87 Harry Berg and Another v Ivo Marten Besselsen [1988] ECR 2559, paragraphs 12 and 13, the Directive is intended to safeguard the rights of workers in the event of a change of employer by making it possible for them to continue to work for the new employer on the same conditions as those agreed with the transferor. The rules applicable in the event of a transfer of an undertaking or a business to another employer are thus intended to safeguard, in the interests of the employees, the existing employment relationships which form part of the economic entity transferred. | 12 Mr Berg and Mr Busschers are mistaken in arguing that this interpretation is not consistent with the aim pursued by Directive 77/187/EEC . As the Court has consistently held, most recently in its judgment of 10 February 1988 in Case 324/86 Daddy' s Dance Hall (( 1981 )) ECR 739, this directive is intended to safeguard the rights of workers in the event of a change of employer by making it possible for them to continue to work for the transferee under the same conditions as those agreed with the transferor . Its purpose is not, however, to ensure that the contract of employment or the employment relationship with the transferor is continued where the undertaking' s employees do not wish to remain in the transferee' s employ . | 1 |
6,215 | 59. It must, therefore, be recognised that when several public authorities own a company to which they entrust the performance of one of their public service tasks, the control which those public authorities exercise over that entity may be exercised by them jointly (see, to that effect, Coditel Brabant , paragraph 50). | 33. The Court has consistently held that the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union; that interpretation must take into account the context of the provision and the objective of the relevant legislation (see, inter alia, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C-287/98 Linster [2000] ECR I-6917, paragraph 43; and judgment of 22 March 2012 in Case C-190/10 Génesis , paragraph 40). | 0 |
6,216 | 29. The Court has also held that the time-limit laid down must be sufficient in practical terms to enable the applicant to prepare and bring an effective action (see, to that effect, judgment in Samba Diouf , C‑69/10, EU:C:2011:524, paragraph 66). | 29. According to Article 78(2) of the Customs Code, after releasing the goods, the customs authorities may inspect the commercial documents and data relating to the import or export operations in respect of the goods or to subsequent commercial operations involving those goods and they may also inspect the goods, where they are still available for inspection. | 0 |
6,217 | 33. Third, in the context of proceedings for failure to fulfil obligations, the purpose of the pre-litigation phase is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission (see, inter alia, Case C-350/02 Commission v Netherlands [2004] ECR I-0000, paragraph 18, and the case-law cited). | 57 It follows from the above that Article 6(2) to (4) of the habitats directive do not apply to areas which have not been classified as SPAs but should have been so classified. | 0 |
6,218 | 37. This is particularly true where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split (see, to that effect, Case C‑111/05 Aktiebolaget NN [2007] ECR I‑2697, paragraph 23; Part Service , paragraph 53; and RLRE Tellmer Property , paragraph 19). | 51. On this point, it is apparent from recitals 5, 7 and 11 in the preamble to the Framework Decision that, in order to eliminate the complexity and potential for delay inherent in the extradition procedures then applicable, it aims to replace the system of multilateral extradition between Member States based on the European Convention on Extradition of 13 December 1957 by a system of surrender between judicial authorities. Recital 11 thus states that ‘[i]n relations between Member States, the European arrest warrant should replace all the previous instruments concerning extradition’. | 0 |
6,219 | 51. Thus, in the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions before the courts for safeguarding rights which individuals derive from the direct effect of Community law (see, inter alia, Case C‑312/93 Peterbroeck [1995] ECR I‑4599, paragraph 12 and the case‑law cited, and Case C‑255/00 Grundig Italiana [2002] ECR I‑8003, paragraph 33 and the case‑law cited). | 49 The same must apply, a fortiori, to a period of less than six months spent by the person concerned in his country of origin for reasons beyond his control. | 0 |
6,220 | 155
Next, it is clear from Article 3(1), (5) and (6) of Regulation No 384/96, relating to ‘determination of injury’, that the Council and the Commission must be able to establish, taking account of all the relevant facts of the case, that the imports under investigation cause material injury to ‘the [Union] industry’. This term is itself defined in Article 4(1) of that regulation as ‘the [Union] producers as a whole of the like products or … those of them whose collective output of the products constitutes a major proportion, as defined in Article 5(4), of the total [Union] production of those products’ (see, to this effect, judgment in Philips Lighting Poland and Philips Lighting v Council, C‑511/13 P, EU:C:2015:553, paragraphs 69 and 70). | 23 THE REPLY TO PART ( A ) OF THE SECOND QUESTION MUST THEREFORE BE THAT ARTICLE 4*(1 ) OF DIRECTIVE 79/7 IS TO BE INTERPRETED AS MEANING THAT LEGISLATION UNDER WHICH THE GUARANTEE PREVIOUSLY APPLICABLE TO ALL WORKERS SUFFERING FROM AN INCAPACITY FOR WORK WHOSE INCOME WAS APPROXIMATELY EQUAL TO THE STATUTORY MINIMUM WAGE THAT THEIR ( NET ) BENEFITS WOULD BE AT LEAST EQUAL TO THE ( NET ) STATUTORY MINIMUM WAGE IS RESTRICTED TO PERSONS HAVING A DEPENDENT SPOUSE OR CHILD OR WHOSE SPOUSE HAS A VERY SMALL INCOME IS COMPATIBLE WITH THAT PROVISION .
QUESTIONS 2(B ), 3 AND 4 | 0 |
6,221 | 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). | 78 Both the right to property and the freedom to pursue a trade or business form part of the general principles of Community law. However, those principles are not absolute, but must be viewed in relation to their social function. Consequently, the exercise of the right to property and the freedom to pursue a trade or profession may be restricted, particularly in the context of a common organization of a market, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (Case 265/87 Schraeder v Hauptzollamt Gronau [1989] ECR 2237, paragraph 15, Case 5/88 Wachauf [1989] ECR 2609, paragraph 18, and Kuehn, cited above, paragraph 16). | 0 |
6,222 | 26. In that regard, the national courts and the Commission fulfil distinct but complementary roles (see Case C‑39/94 SFEI and Others [1996] ECR I‑3547, paragraph 41; Joined Cases C-261/01 and C-262/01 van Calster and Others [2003] ECR I‑12249, paragraph 74; and Transalpine Ölleitung in Österreich and Others , paragraph 37). | 56. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary, first, to interpret notions relating to that freedom, such as journalism, broadly. Secondly, and in order to achieve a balance between the two fundamental rights, the protection of the fundamental right to privacy requires that the derogations and limitations in relation to the protection of data provided for in the chapters of the directive referred to above must apply only in so far as is strictly necessary. | 0 |
6,223 | 12 According to the Council, the judgment in Case C-70/88 shows that the Parliament' s right of action under Article 173 of the Treaty may be exercised only exceptionally in cases where the balance of the Treaty system risks being disturbed or there is a substantial infringement of the Parliament' s basic prerogatives. Those criteria are not satisfied in the present case because the action does not challenge the legal basis of the contested measure; moreover, it concerns not the cooperation procedure but merely the procedure for consulting the Parliament. | 41
However, as may be seen from paragraphs 32 and 33 above, the unbundling of the operation of the electricity transmission system from electricity generation and supply activities was done in Bulgaria by making use of the alternative option in Article 9(8)(b) of Directive 2009/72 of establishing an independent transmission system operator. | 0 |
6,224 | 30. It must be noted that, under Article 220(2)(b) of the Customs Code, the competent authorities are not to make subsequent entry of the import duties in the accounts unless three cumulative conditions are fulfilled. First, it is necessary that the duties were not levied as a result of an error on the part of the competent authorities themselves, secondly, that the error made by them was such that it could not reasonably have been detected by a person liable for payment acting in good faith and, finally, that that person complied with all the provisions laid down by the legislation in force as regards the customs declaration (see, by analogy, Case 161/88 Binder [1989] ECR 2415, paragraphs 15 and 16; Joined Cases C‑153/94 and C‑204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraph 83; order in Case C‑299/98 P CPL Imperial 2 and Unifrigo v Commission [1999] ECR I‑8683, paragraph 22, and order in Case C‑30/00 William Hinton & Sons [2001] ECR I‑7511, paragraphs 68, 69, 71 and 72). If those conditions are fulfilled, the person liable is entitled to the waiver of the subsequent recovery of the duty (Case C‑348/89 Mecanarte [1991] ECR I-3277, paragraph 12). | 44. In this connection, in ruling on an order for reference submitted by a national court before which inter partes proceedings, initiated following an objection lodged by a consumer against an order for payment, had been brought, the Court held that that national court must investigate of its own motion whether a term conferring exclusive territorial jurisdiction in a contract concluded between a seller or supplier and a consumer falls within the scope of Directive 93/13 and, if it does, assess of its own motion whether such a term is unfair ( VB Pénzügyi Lízing , paragraph 56). | 0 |
6,225 | 41. Secondly, in order to ascertain whether the needs met by the entity in question in the main proceedings have a character other than industrial or commercial, account must be taken of all the relevant law and facts such as the circumstances prevailing at the time when the body concerned was established and the conditions under which it exercises its activity. In that regard, it is important to check, inter alia, whether the body in question carries on its activities in a situation of competition (Case C‑18/01 Korhonen [2003] ECR I‑5321, paragraphs 48 and 49). | 34. In any event, it should be remembered that it is apparent from the order for reference that the place of residence indicated on that driving licence is located in Germany. Non-compliance with the normal residence condition laid down in Article 7(1)(b) of Directive 91/439 is, however, liable in itself to justify the refusal by a Member State to recognise a driving licence issued by another Member State. | 0 |
6,226 | 25
In that regard, by providing that persons who are aged 35 or more may not be recruited to the police forces of the Autonomous Community of the Basque Country, Article 4(b) of Decree 315/1994 affects those workers’ recruitment conditions. Such legislation must therefore be regarded as laying down rules relating to access to employment in the public sector within the meaning of Article 3(1)(a) of Directive 2000/78 (see, to that effect, judgment of 13 November 2014, Vital Pérez, C‑416/13, EU:C:2014:2371, paragraph 30) | 40 Tetra Pak considers that the possibility of recouping the losses incurred as a result of predatory sales is a constitutive element in the notion of predatory pricing. That is clear, it claims, from paragraph 71 of the AKZO judgment, cited above. Since, however, both the Commission and the Court of First Instance accept that sales below cost took place only on the non-aseptic markets, on which Tetra Pak was not found to hold a dominant position, it had no realistic chance of recouping its losses later. | 0 |
6,227 | 65
As the General Court found in paragraph 397 of the judgment under appeal, it is apparent from the case-law of the Court that the Commission is not required, when determining the amount of fines, to ensure, where such fines are imposed on a number of undertakings involved in the same infringement, that the final amounts of the fines reflect any distinction between the undertakings concerned in terms of their overall turnover (judgment 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 312). | 40. A method of financing public broadcasting bodies such as that in the main proceedings must be assessed in the light of those objectives and in relation to those criteria, which implies that the concept of ‘financed … by the State’ must also receive a functional interpretation. | 0 |
6,228 | 112. The Commission’s request must therefore be regarded as being directed against grounds included in the judgment under appeal purely for the sake of completeness and, consequently, as it is ineffective, it must in any event be rejected (see, to that effect, the order in Case C‑317/95 P SPO and Others v Commission [1996] ECR I‑1611, paragraph 47 and the case‑law cited, and the judgment in Case C‑182/99 P Salzgitter v Commission [2003] ECR I‑10761, paragraphs 54 and 55).
b) The merits of the second ground of appeal
i) Principal argument | 37 Contrary to the arguments advanced by the appellants in the main proceedings, the fact that the games in issue are not totally prohibited is not enough to show that the national legislation is not in reality intended to achieve the public interest objectives at which it is purportedly aimed, which must be considered as a whole. Limited authorisation of such games on an exclusive basis, which has the advantage of confining the desire to gamble and the exploitation of gambling within controlled channels, of preventing the risk of fraud or crime in the context of such exploitation, and of using the resulting profits for public interest purposes, likewise falls within the ambit of those objectives. | 0 |
6,229 | 33. In that regard, it should be pointed out that in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication. It may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected (Case 98/78 Racke [1979] ECR 69, paragraph 20, and Case C‑110/97 Netherlands v Council [2001] ECR I-8763, paragraph 151). | 151 The fact nevertheless remains that the principle of legal certainty generally precludes a Community act from taking effect as from a date prior to its publication. It may however exceptionally be otherwise where the purpose to be attained so requires and the legitimate expectations of the persons concerned are properly respected (see Case 98/78 Racke [1979] ECR 69, paragraph 20; Case 99/78 Decker [1979] ECR 101, paragraph 8; Case 258/80 Rumi v Commission [1982] ECR 487, paragraph 11; and Case C-337/88 SAFA [1990] ECR I-1, paragraph 13). | 1 |
6,230 | 21. So far as concerns the second of the abovementioned criteria, that is, that the protected work must in fact be communicated to a ‘public’, it follows from Article 3(1) of Directive 2001/29 that, by the term ‘public’, that provision refers to an indeterminate number of potential recipients and implies, moreover, a fairly large number of persons ( SGAE , paragraphs 37 and 38, and ITV Broadcasting and Others , paragraph 32). | 20 The midwives work under a three-shift system from 7 a.m. to 3.30 p.m., from 2 p.m. to 10 p.m., and from 9.30 p.m. to 7.30 a.m. The roster is drawn up for periods of 15 weeks. The JämO argues that midwives on the labour ward are the only group of workers who work on a shift basis in the Swedish health care sector. | 0 |
6,231 | 65. A commitment of that type arises from Article 11 of the 1957 Agreement, as amended by the Exchange of Notes of 29 January and 13 March 1992 and by Article 6 of the 1978 Protocol. The Kingdom of the Netherlands has maintained that commitment despite the renegotiation of the 1957 Agreement which led to the Exchange of Notes of October 1992. By proceeding in that way, the Kingdom of the Netherlands has thus infringed the exclusive external competence of the Community which results from Article 1(3) of Regulation No 2409/92 (see, to that effect, Commission v Denmark , paragraphs 97 to 100; Commission v Sweden , paragraphs 93 to 96; Commission v Finland , paragraphs 98 to 101; Commission v Belgium , paragraphs 110 to 113; Commission v Luxembourg , paragraphs 103 to 106; Commission v Austria , paragraphs 112 to 115, and Commission v Germany , paragraphs 123 to 126). | 89. First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined. In the main proceedings, the national court will therefore have to examine whether the public service obligations which were imposed on Altmark Trans are clear from the national legislation and/or the licences at issue in the main proceedings. | 0 |
6,232 | 25. However, the Court held in the judgment in My (EU:C:2004:821) that Article 10 EC, in conjunction with the Staff Regulations, must be interpreted as precluding national legislation which does not permit years of employment completed by an EU national in the service of an EU institution to be taken into account for the purposes of entitlement to an early retirement pension under the national scheme. In the order in Ricci and Pisaneschi (EU:C:2010:420), the Court stated that the same applies as regards entitlement to an ordinary retirement pension. | 50. En effet, sans nier l’importance du rôle essentiel qu’elles doivent pouvoir jouer pour atteindre un niveau élevé de protection des consommateurs au sein de l’Union européenne, il faut, néanmoins, constater qu’une action en cessation opposant une telle association à un professionnel n’est pas caractérisée par le déséquilibre qui existe dans le cadre d’un recours individuel impliquant un consommateur et son cocontractant professionnel. | 0 |
6,233 | 71. Secondly, it should be noted as a preliminary remark that, according to the case-law of the Court, in setting the amount of fines, regard must be had to the duration of the infringements and to all the factors capable of affecting the assessment of the gravity of those infringements (see Musique Diffusion française and Others v Commission , paragraph 129, and Dansk Rørindustri and Others v Commission , paragraph 240). | 57. It must first of all be observed that the maintenance of effective competition on the market for agricultural products is one of the objectives of the common agricultural policy and the common organisation of the relevant markets. | 0 |
6,234 | 24. It is settled case-law that the right to a refund of charges levied in a Member State in breach of rules of EU law is the consequence and complement of the rights conferred on individuals by provisions of EU law as interpreted by the Court (see, inter alia, Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12, and Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 84). The Member State is therefore in principle required to repay charges levied in breach of Community law (Joined Cases C-192/95 to C-218/95 Comateb and Others [1997] ECR I-165, paragraph 20; Metallgesellschaft , paragraph 84; Case C-147/01 Weber’s Wine World and Others [2003] ECR I-11365, paragraph 93; Case C-446/04 Test Claimants in the FII Group Litigation [2006] ECR I-11753, paragraph 202). | 45 As the Commission rightly observed, such compensatory tax arrangements prejudice the very foundations of the single market. | 0 |
6,235 | 118. However, if that measure is within the field of public health, account must be taken of the fact that the health and life of humans rank foremost among the assets and interests protected by the Treaty and that it is for the Member States to determine the level of protection which they wish to afford to public health and the way in which that level is to be achieved. Since the level may vary from one Member State to another, Member States should be allowed a measure of discretion (judgment in Ker-Optika , C‑108/09, EU:C:2010:725, paragraph 58 and the case-law cited, and, to that effect, judgment in Ahokainen and Leppik , C‑434/04, EU:C:2006:609, paragraphs 32 and 33). | 28 Consequently, an undertaking found to be in critical difficulties is subject to a procedure which, far from being aimed at the liquidation of the undertaking, is designed on the contrary to promote the continuation of its business with a view to its subsequent recovery. | 0 |
6,236 | 38. In that context, the Court has already held that, for the purpose of an overall assessment of the likelihood of confusion, it must be borne in mind inter alia that the average consumer’s level of attention is likely to vary according to the category of goods or services in question ( Lloyd Schuhfabrik Meyer , paragraph 26). | 14 The national court asks whether Articles 3(f), 90 and 86 of the EEC Treaty preclude a Member State from granting to the company operating the public telecommunications network the power to lay down the standards for telephone equipment and to check that economic operators meet those standards when it is competing with those operators on the market for terminals. | 0 |
6,237 | 35
In accordance with Article 48(2) of the Rules of Procedure of the General Court in the version in force at the date of the judgment under appeal, no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure. An argument which does not expand upon an argument raised previously, whether directly or by implication, in the original application and which is not closely connected with that previous argument must be regarded as a new plea (see, to that effect, judgment of 12 November 2009, SGL Carbon v Commission, C‑564/08 P, not published, EU:C:2009:703, paragraphs 20 to 34, and of 16 December 2010, AceaElectrabel Produzione v Commission, C‑480/09 P, EU:C:2010:787, paragraph 111). | 35
Moreover, there is no provision in the FEU Treaty which provides that Part Six thereof, relating to the institutional and financial arrangements, would not be applicable to the restrictive measures. Relying on Article 291(2) TFEU, which provides that ‘where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council’ was thus not precluded, provided that the conditions in that provision were met. | 0 |
6,238 | 30. However, VAT is chargeable on each transaction only after deduction of the amount of VAT borne directly by the costs of the various price components of the goods and services. The procedure for deduction is so arranged in Article 17(2) of the Sixth Directive that taxable persons are authorised to deduct from the VAT for which they are liable the VAT which the goods or services have already borne and that that tax is charged, at each stage, only on the added value and is finally borne by the ultimate consumer ( Pelzl and Others , paragraph 17, and Banca Popolare di Cremona , paragraph 22). | 46
It is for the referring court to determine whether the national measures at issue in the main proceedings are compatible with the requirements stated in paragraph 44 above having regard to all the circumstances of the case in the main proceedings. The Court may, however, provide it with any helpful guidance to resolve the dispute before it (see, to that effect, judgment of 28 July 2016, Astone, C‑332/15, EU:C:2016:614, paragraph 36 and the case-law cited). | 0 |
6,239 | 45. First of all, it must be noted, as is stated in recitals 16 and 17 in the preamble to Regulation No 44/2001, that the rules on recognition and enforcement laid down by that regulation are based on mutual trust in the administration of justice in the European Union. Such trust requires that judicial decisions delivered in one Member State are not only recognised automatically in another Member State, but also that the procedure for making those decisions enforceable in that Member State is efficient and rapid. Such a procedure, according to the terms of recital 17 in the preamble to that regulation, must involve only a purely formal check of the documents required for enforceability in the Member State in which enforcement is sought (see, to that effect, judgment in Prism Investments , C‑139/10, EU:C:2011:653, paragraphs 27 and 28). | 42. In that last regard, it is for the dominant undertaking to show that the efficiency gains likely to result from the conduct under consideration counteract any likely negative effects on competition and consumer welfare in the affected markets, that those gains have been, or are likely to be, brought about as a result of that conduct, that such conduct is necessary for the achievement of those gains in efficiency and that it does not eliminate effective competition, by removing all or most existing sources of actual or potential competition. | 0 |
6,240 | 52 In the same judgment, the Court ruled that, so long as the supplementary measures essential for implementing Decision No 3/80 have not been adopted by the Council, Articles 12 and 13 of that decision do not have direct effect in the territory of the Member States and are therefore not such as to entitle individuals to rely on them before the national courts. | 117
It is clear from this definition that an installation which exports the heat which it produces can be allocated allowances for that heat when it exports the heat ‘to an installation or other entity not covered by the Union scheme’. However, it cannot claim an allowance allocation for this heat when it transfers the heat to another installation subject to the emissions trading scheme. | 0 |
6,241 | 32. As the Court has held, such reasons could arise, for example, where there is in fact a risk to public health arising from the coexistence of two versions of the same medicinal product on the market of the importing Member State (Ferring , paragraph 43). | 17 Furthermore, particularly where there is a chain of international contracts, the parties' contractual obligations may vary from contract to contract, so that the contractual rights which the sub-buyer can enforce against his immediate seller will not necessarily be the same as those which the manufacturer will have accepted in his relationship with the first buyer. | 0 |
6,242 | 73 As regards the cumulative effect of projects, it is to be remembered that the criteria and/or thresholds mentioned in Article 4(2) are designed to facilitate the examination of the actual characteristics exhibited by a given project in order to determine whether it is subject to the requirement to carry out an assessment, and not to exempt in advance from that obligation certain whole classes of projects listed in Annex II which may be envisaged on the territory of a Member State (Commission v Belgium, cited above, paragraph 42, Kraaijeveld, cited above, paragraph 51, and Case C-301/95 Commission v Germany [1998] ECR I-6135, paragraph 45). | 49. C’est donc à bon droit que le Tribunal a jugé, au point 19 de l’arrêt attaqué, que le litige avait conservé son objet. | 0 |
6,243 | 16 According to settled case-law, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Nevertheless, the Court has held that it cannot give a preliminary ruling on a question submitted by a national court 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, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 20, and the case-law cited therein). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,244 | 53. Furthermore, since Article 36 of the EC Treaty (now, after amendment, Article 30 EC) provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health (see Commission v Denmark , paragraph 46). | 39. In that regard, it is already clearly apparent from the purpose of Articles 13 to 15 of the Brussels Convention, namely to properly protect the person who is presumed to be in a weaker position than the other party to the contract, that the benefit of those provisions cannot, as a matter of principle, be relied on by a person who concludes a contract for a purpose which is partly concerned with his trade or profession and is therefore only partly outside it. It would be otherwise only if the link between the contract and the trade or profession of the person concerned was so slight as to be marginal and, therefore, had only a negligible role in the context of the supply in respect of which the contract was concluded, considered in its entirety. | 0 |
6,245 | 25 This diversity between national systems derives mainly from the lack of Community rules on the refund of national charges levied though not due. In such circumstances, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, first, that such rules are not less favourable than those governing similar domestic actions (principle of equivalence) and, second, that they do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, most recently, Case C-231/96 Edis v Ministero delle Finanze [1998] ECR I-4951, paragraphs 19 and 34, Case C-260/96 Ministero delle Finanze v SPAC [1998] ECR I-4997, paragraph 18, and Case C-228/96 Aprile, cited above, paragraph 18). | 37 Secondly, under the second sentence of the first subparagraph of Article 9(2) of that regulation, where the excess of the area declared over that determined by a check is more than 3% or 2 hectares but not more that 20% of the area determined, the area actually determined is reduced by twice the excess. | 0 |
6,246 | 15 First of all, Article 2 of the EC Treaty defines the task of the Community and its aims are set out in Article 3 (see, in particular, Case C-177/94 Perfili [1996] ECR I-161, paragraph 10). Under Article 3(e) and (k) of the EC Treaty, the activities of the Community are to include the implementation of common policies in the spheres of agriculture and the environment. | 15 THE APPLICANTS CANNOT DISPUTE THAT EUROPEMBALLAGE, FOUNDED ON 20 FEBRUARY 1970, IS A SUBSIDIARY OF CONTINENTAL . THE CIRCUMSTANCE THAT THIS SUBSIDIARY COMPANY HAS ITS OWN LEGAL PERSONALITY DOES NOT SUFFICE TO EXCLUDE THE POSSIBILITY THAT ITS CONDUCT MIGHT BE ATTRIBUTED TO THE PARENT COMPANY . THIS IS TRUE IN THOSE CASES PARTICULARLY WHERE THE SUBSIDIARY COMPANY DOES NOT DETERMINE ITS MARKET BEHAVIOUR AUTONOMOUSLY, BUT IN ESSENTIALS FOLLOWS DIRECTIVES OF THE PARENT COMPANY . | 0 |
6,247 | 45. In addition, in the absence of scientific data to the contrary, area No 166 referred to in the IBA 2000 appears to be the most suitable for conservation of the species in question (see Commission v Netherlands , paragraph 62). The classification as SPAs of only Lake Psalidi and Alyki, as wetlands, is thus not sufficient to meet the obligations arising out of Article 4(1) and (2) of Directive 79/409. The Commission’s claim in this regard must therefore be accepted. | 39 So far as the first point is concerned, it should be borne in mind that, as the Court has consistently held (see the judgment in Case C-347/89 Eurim-Pharm [1991] ECR I-1747, paragraph 15), the scope of national laws, regulations or administrative provisions has to be assessed having regard to the interpretation given to them by the national courts. | 0 |
6,248 | 21. As is quite clear from the wording of Articles 17(5) and 19(1) of the Sixth Directive, the latter provision refers only to the proportion deductible under the first subparagraph of Article 17(5) of the directive, and therefore lays down a detailed rule for calculating the proportion referred to in the first of those two provisions only ( Royal Bank of Scotland , paragraph 22) and, by extension, for the deduction to be made pursuant to Article 17(5)(d) of the said directive. | 27. In this connection, it should be stated that although limiting the review by the court of the validity of such an administrative document as regards the certification of the matters on the basis of which it was issued is justified for reasons of legal certainty (see judgment in Herbosch Kiere , EU:C:2006:69, paragraph 32), such an approach cannot automatically be applicable to a statement such as that drawn up by the SVB in the case in the main proceedings. When the authorities of the Member State in question have to determine the rights of a person concerned resulting from the legislation of that Member State, they must also have the possibility of reviewing all the relevant particulars in the documents drawn up by the authority of the Member State of origin that issued the statement. | 0 |
6,249 | 29. It follows that the Court must take account of the factual and legal context of requests for preliminary rulings, as described in the order for reference (Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraph 42, and Joined Cases C‑378/07 to C‑380/07 Angelidaki and Others [2009] ECR I‑3071, paragraph 48). It is therefore necessary to adhere to the interpretation of the Austrian legislation set forth in the request for a preliminary ruling and on which the question referred to the Court is predicated. | 43 That view must be rejected. The consent implicit in any assignment is not the consent required for application of the doctrine of exhaustion of rights. For that, the owner of the right in the importing State must, directly or indirectly, be able to determine the products to which the trade mark may be affixed in the exporting State and to control their quality. That power is lost if, by assignment, control over the trade mark is surrendered to a third party having no economic link with the assignor. | 0 |
6,250 | 42. However, it must be emphasised, first, that those financial consequences cannot be considered disproportionate to the aim of ensuring a high level of protection for air passengers ( Nelson and Others , paragraph 76) and, second, that the real extent of those consequences is likely to be mitigated in the light of the three factors set out below. | 14 First, it should be recalled that Article 6 of the Treaty, which is a specific expression of the general principle of equality, prohibits any discrimination on grounds of nationality. | 0 |
6,251 | 37. On the question of whether the jurisdiction ratione materiae of the Civil Service Tribunal extends to actions for damages based on the failure of an institution to fulfil its obligation to ensure the protection of its officials, it should be noted that both Article 270 TFEU and Article 91 of the Staff Regulations which relate to ‘any dispute between the Union and its servants’ refrain from defining the type of action available in the event of rejection of an administrative complaint. Therefore, where proceedings concern the legality of an act adversely affecting an applicant, within the meaning of Article 90 of those regulations, the Civil Service Tribunal has jurisdiction to hear and determine those proceedings, whatever, moreover, the type of action at issue (see in relation to the jurisdiction of the Court, before the creation of the General Court and the Civil Service Tribunal, judgment in Meyer-Burckhardt v Commission , 9/75, EU:C:1975:131, paragraph 10). | 159. While, in the absence of relevant Community rules, the detailed rules for implementing such measures are a matter for the domestic legal order of the Member States, under the principle of their procedural autonomy, they must, however, not be less favourable than those governing similar domestic situations (principle of equivalence) or render impossible in practice or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, in particular, Adeneler and Others , paragraph 95; Marrosu and Sardino , paragraph 52; and Vassallo , paragraph 37; also order in Vassilakis and Others , paragraph 126). | 0 |
6,252 | 17. It is also apparent from settled case-law that an analysis of the definitions of taxable person and economic activities shows that the scope of the term economic activities is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see, inter alia, Case C‑223/03 University of Huddersfield [2006] ECR I-1751, paragraph 47; T-Mobile Austria and Others , paragraph 35; and Hutchison 3G and Others , paragraph 29). | 57. As regards the content of the plan, it follows from the second subparagraph of Article 23(1) of Directive 2008/50 that, while Member States have a degree of discretion in deciding which measures to adopt, those measures must, in any event, ensure that the period during which the limit values are exceeded is as short as possible . | 0 |
6,253 | 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). | 24. Or, les droits de vote afférents aux actions constituent un des principaux moyens pour l’actionnaire de participer activement à la gestion d’une entreprise ou à son contrôle. En conséquence, toute mesure visant à empêcher l’exercice de ces droits ou à les subordonner à des conditions peut dissuader les investisseurs d’autres États membres d’acquérir des participations dans les entreprises concernées et constitue une restriction à la libre circulation des capitaux. | 0 |
6,254 | 30. As the Commission has rightly pointed out, it is not for the Court, in the context of the procedure provided for in Article 234 EC, to determine whether national provisions are compatible with Community law. However, the Court may provide the national court with all the criteria for the interpretation of Community law which may enable it to assess whether those provisions are so compatible in order to give judgment in the proceedings before it (see, inter alia, Case C‑346/97 Braathens [1999] ECR I‑3419, paragraph 14). | 17. It follows from all the foregoing that the Commission’s application must be dismissed as inadmissible.
Costs | 0 |
6,255 | 38. Those provisions are intended not only to prevent the concurrent application of a number of national legislative systems and the complications which might ensue, but also to ensure that persons covered by that regulation are not left without social security cover because there is no legislation which is applicable to them (see, by analogy, Case C-275/96 Kuusijärvi [1998] ECR I-3419, paragraph 28). | 76. En l’occurrence, ainsi qu’il a été constaté dans l’arrêt attaqué, les réunions du comité logistique de la FNAS, tenues entre entreprises concurrentes, dont Comap, et portant sur des éléments sensibles de la politique commerciale, notamment sur les prix, avaient un caractère anticoncurrentiel. Par conséquent, afin de renverser la présomption du caractère illicite de sa participation à ces réunions, Comap devrait apporter la preuve qu’elle s’est distancée publiquement du contenu de celles‑ci. | 0 |
6,256 | 41. With regard to pensions, it must be noted that, according to the settled case-law of the Court in relation to Article 119 of the EC Treaty, or, with effect from 1 May 1999, in relation to Article 141 EC, which concern the principle of equal treatment of men and women in relation to pay, the term ‘pay’ within the meaning of Article 141(2) EC covers pensions which depend on the employment relationship between worker and employer, excluding those deriving from a statutory scheme, to the financing of which workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship than by considerations of social policy (see, in particular, Case 80/70 Defrenne [1971] ECR 445, paragraphs 7 and 8; Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, paragraphs 16 to 22; Case C‑262/88 Barber [1990] ECR I‑1889, paragraphs 22 to 28; and Joined Cases C‑4/02 and C‑5/02 Schönheit and Becker [2003] ECR I‑12575, paragraphs 56 to 64). | 30. Therefore, the Court of First Instance rightly took into consideration the shapes and colours of sweet wrappers commonly used in trade in assessing whether the mark applied for is, or is not, devoid of any distinctive character. | 0 |
6,257 | 50 Second, Regulation No 2081/92 is intended to ensure uniform protection within the Community of the geographical designations which it covers and it introduced a requirement of Community registration so that they could enjoy protection in every Member State (see, to that effect, the judgment in Joined Cases C-129/97 and C-130/97 Chiciak and Fol [1998] ECR I-3315, paragraphs 25 and 26), whereas the national protection which a Member State confers on geographical designations which do not meet the conditions for registration under Regulation No 2081/92 is governed by the national law of that Member State and is confined to the territory of that Member State. | 54. As a preliminary point, the Court notes, as the Advocate General observed in point 7 of his Opinion, that it follows from the third paragraph of Article 268 EC, which provides that the revenue and expenditure shown in the budget must be in balance, that shortfalls in revenues of own resources must be offset either by another own resource or by an adjustment of expenditure. | 0 |
6,258 | 28. Consequently, the fact that a ‘database’ within the meaning of Article 1(2) of Directive 96/9 does not satisfy the conditions of eligibility for protection by the ‘sui generis’ right under Article 7 of Directive 96/9, as the Court held in relation to football fixture lists (Case C‑46/02 Fixtures Marketing [2004] ECR I‑10365, paragraphs 43 to 47; Case C‑338/02 Fixtures Marketing [2004] ECR I‑10497, paragraphs 32 to 36; and Case C‑444/02 Fixtures Marketing , cited above, paragraphs 48 to 52), does not automatically mean that that same database is also not eligible for copyright protection under Article 3 of that directive. | 69. A finding that an aid measure is not necessary can arise in particular from the fact that the aid project has already been started, or even completed, by the undertaking concerned prior to the application for aid being submitted to the competent authorities. In such a case, the aid concerned cannot operate as an incentive. | 0 |
6,259 | 28
In this case, as the decision at issue was adopted on the basis of Article 7(1) and Article 23(2) of Regulation No 1/2003, the procedure leading to that decision had to be conducted in accordance with that regulation and Regulation No 773/2004, the legal basis of which is Regulation No 1/2003 (see, to that effect, judgment of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 90), despite the fact that the procedure had been initiated before Regulation No 1/2003 came into force. | 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 |
6,260 | 34. According to the case-law referred to in the preceding paragrap h, migrant workers are guaranteed certain rights linked to the status as a worker even when they are no longer in an employment relationship ( Lair , cited above, paragraph 36, and Case C-35/97 Commission v France [1998] ECR I-5325, paragraph 41). | 14 THOSE COURTS MAY CONSIDER THE VALIDITY OF A COMMUNITY ACT AND, IF THEY CONSIDER THAT THE GROUNDS PUT FORWARD BEFORE THEM BY THE PARTIES IN SUPPORT OF INVALIDITY ARE UNFOUNDED, THEY MAY REJECT THEM, CONCLUDING THAT THE MEASURE IS COMPLETELY VALID . BY TAKING THAT ACTION THEY ARE NOT CALLING INTO QUESTION THE EXISTENCE OF THE COMMUNITY MEASURE . | 0 |
6,261 | 24. In that regard, it is sufficient to point out that, in accordance with settled case-law, the Court has jurisdiction to rule on questions referred by the national court even where the facts of the proceedings before that court fall outside the scope of EU law, provided that, in regulating situations not covered by EU law, the domestic legislation has adopted the same solutions as those adopted under EU law. The Court has consistently held that the legal order of the European Union clearly has an interest in ensuring that, in order to forestall future divergences of interpretation, every provision of EU law is interpreted uniformly, irrespective of the circumstances in which that provision is to apply (see, to that effect, inter alia, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑379, paragraphs 15 to 19; Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19; and Case C-205/09 Eredics and Sápi [2010] ECR I-0000, paragraph 33). | 49. It must be borne in mind, first, that it is for the Member States, in the absence of harmonisation and to the extent that there is still uncertainty in the current state of scientific research, to decide on the level of protection of human health and life they wish to ensure and whether to require prior authorisation for the marketing of foodstuffs, taking into account the requirements of the free movement of goods within the Community (see Case 174/82 Sandoz [1983] ECR 2445, paragraph 16, and Commission v Denmark , cited above, paragraph 42). | 0 |
6,262 | 14. The Court has held on many occasions that the provisions of the EC Treaty relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case C-18/95 Terhoeve [1999] ECR I-345, paragraph 37; Case C-302/98 Sehrer [2000] ECR I-4585, paragraph 32; and Case C-109/04 Kranemann [2005] ECR I-2421, paragraph 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,263 | 48. Furthermore, as the Court has already held, it does not appear that the Community has assumed, under the EC Treaty, the powers previously exercised by the Member States in the field to which Marpol 73/78 applies, nor that, consequently, its provisions have the effect of binding the Community (Case C-379/92 Peralta [1994] ECR I-3453, paragraph 16). In this regard, Marpol 73/78 can therefore be distinguished from GATT 1947 within the framework of which the Community progressively assumed powers previously exercised by the Member States, with the consequence that it became bound by the obligations flowing from that agreement (see to this effect, in particular, International Fruit Company and Others , paragraphs 10 to 18). Accordingly, this case-law relating to GATT 1947 cannot be applied to MARPOL 73/78. | Par ailleurs, comme le Tribunal l’a également fait observer au point 98 de l’arrêt attaqué, la notion de prévisibilité dans
ce contexte dépend dans une large mesure du contenu du texte dont il s’agit, du domaine qu’il couvre ainsi que du nombre et
de la qualité de ses destinataires (arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P
à C‑208/02 P et C‑213/02 P, EU:C:2005:408, point 219). | 0 |
6,264 | 29. It follows that the Member States have a wide discretion under Article 13(C) of the Sixth Directive. It is for them to assess whether they should or should not introduce the right of option, depending on what they consider to be expedient in the situation existing in their country at a given time (see Case C‑381/97 Belgocodex [1998] ECR I‑8153, paragraphs 16 and 17; Case C‑12/98 Amengual Far [2000] ECR I‑527, paragraph 13; and Case C‑326/99 ‘Goed Wonen’ [2001] ECR I‑6831, paragraph 45). | 76. Consequently, the main purpose of the repayment of unlawfully paid State aid is to eliminate the distortion of competition caused by the competitive advantage afforded by the unlawful aid. | 0 |
6,265 | 126. It follows that the derogation in Article 137(5) EC does not preclude the interpretation of Clause 4 of the framework agreement as imposing on the Member States the obligation to ensure that fixed-term workers are also guaranteed the application of the principle of non-discrimination in relation to pay. That derogation cannot therefore prevent workers such as the complainants in the main proceedings from pleading the direct effect of Clause 4(1) in contesting the application, in relation to pay, of less favourable treatment than that which is given to comparable permanent workers and for which there is no objective justification (see, to that effect, Del Cerro Alonso , paragraphs 42 and 47). | 34
According to the Court’s settled case-law, that provision provides for the mutual recognition, without any formality, of driving licences issued by Member States (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). | 0 |
6,266 | 21. As a preliminary point, it must be borne in mind that, in accordance with the case-law of the Court, retired persons such as Ms Hirvonen, who leave the Member State in which they have spent all their working life to reside in another Member State may benefit, where their situation is not covered by the freedom of movement guaranteed by Article 45 TFEU, from the right to freedom of movement as a citizen of the European Union under Article 21 TFEU (see, to that effect, judgment in Turpeinen , C‑520/04, EU:C:2006:703, paragraphs 16 to 23). | 13 IN THIS RESPECT IT SHOULD BE RECALLED THAT THE COURT CANNOT SUBSTITUTE ITS ASSESSMENT OF THE MERITS AND QUALIFICATIONS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY . NOTHING IN THE FILE SUGGESTS THAT IN ASSESSING THE MERITS AND QUALIFICATIONS OF THE APPLICANT AND OF THE CANDIDATE APPOINTED , THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE COMMITTED A MANIFEST ERROR . MOREOVER , EVENTS SUBSEQUENT TO THE DISPUTED APPOINTMENT CANNOT BE INVOKED IN SUPPORT OF SUCH AN ALLEGATION .
| 0 |
6,267 | 64. As regards the fourth part of the plea, the Court of First Instance correctly interpreted the judgment in Spain v Commission , paragraphs 12 to 20, when it stated that the effect of that judgment is that a decision to initiate the procedure for examining State aid produces legal effects as referred to in Article 230 EC. Specific legal consequences flow from the assessment and classification of the aid mentioned and from the choice of procedure which follows from that. By contrast, the mere fact that, by the contested decisions, the Commission made a choice as to the procedure to be undertaken against the appellants and thus excluded other procedures cannot, in itself, be a legal effect for the purposes of that article. | 36 There is nothing in the wording of that provision to indicate that the appeal before the customs authority is a mandatory stage prior to lodging an appeal before the independent body. | 0 |
6,268 | 46 Directive 77/187 is applicable wherever, in the context of contractual relations, there is a change in the natural or legal person who is responsible for carrying on the business and who thereby incurs the obligations of an employer towards employees of the undertaking (Case 324/86 Tellerup v Daddy's Dance Hall [1988] ECR 739, paragraph 9, and Süzen, cited above, paragraph 12). | 77. Second, it is important to point out that provisions on conferring powers of public authority on border guards – such as the powers conferred in the contested decision, which include stopping persons apprehended, seizing vessels and conducting persons apprehended to a specific location – mean that the fundamental rights of the persons concerned may be interfered with to such an extent that the involvement of the European Union legislature is required. | 0 |
6,269 | 69 It follows that traders cannot claim a vested right to the maintenance of an advantage which they derive from the establishment of the common organization of the markets and which they enjoyed at a given time (Crispoltoni, paragraph 58). | 54. In that regard, the decision making the reference must set out the precise reasons why the national court was unsure as to the interpretation of Community law and why it considered it necessary to refer questions to the Court for a preliminary ruling. Against that background, it is essential that the national court provide at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and of the link it establishes between those provisions and the national legislation applicable to the dispute in the main proceedings (order in Case C‑167/94 Grau Gomis and Others [1995] ECR I‑1023, paragraph 9; Joined Cases C‑453/03, C‑11/04, C‑12/04 and C‑194/04 ABNA and Others [2005] ECR I‑10423, paragraph 46; Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑1891, paragraph 34; and Case C‑295/05 Asemfo [2007] ECR I‑2999, paragraph 33). | 0 |
6,270 | 53. Such a decision refusing to initiate the procedure provided for by Article 88(2) EC is definitive and cannot be characterised as a mere provisional measure ( CIRFS and Others v Commission , paragraph 26, and, to that effect, Athinaïki Techniki v Commission , paragraphs 54 and 58). | 34 While the national rules at issue in the main proceedings do not deprive insured persons of the possibility of approaching a provider of services established in another Member State, they do nevertheless make reimbursement of the costs incurred in that Member State subject to prior authorisation, and deny such reimbursement to insured persons who have not obtained that authorisation. Costs incurred in the State of insurance are not, however, subject to that authorisation. | 0 |
6,271 | 116 Those provisions must be viewed in the light of the duty to cooperate in good faith with the Commission, established by Article 5 of the EC Treaty, which, with particular regard to the utilisation of Community resources, requires Member States to set up comprehensive administrative checks and on-the-spot inspections, thus guaranteeing the conformity of financial operations with Community law. Consequently, if, as in the present case, no comprehensive system exists or if the system introduced gives rise to doubts as to compliance with the conditions imposed for eligibility for the reimbursement of the expenditure concerned, the Commission is entitled to disallow certain expenditure incurred by the Member State in question (see Case C-8/88 Germany v Commission, cited above, paragraphs 16 to 21). | 133. However, such legislation cannot be regarded as conflicting with that clause if the reduction it entails is in no way connected to the implementation of the Framework Agreement. That would be the case if the reduction were justified not by the need to put the Framework Agreement into effect but by the need to encourage another objective, one that is distinct from that implementation (see, to that effect, Mangold , paragraphs 52 and 53). | 0 |
6,272 | 92. Moreover, the General Court stated, in paragraph 67 of the judgment under appeal, that the case-law of the Court of Justice, according to which, for the purposes of Article 107(1) TFEU, a single aid measure may consist of combined elements on condition that, having regard to their chronology, their purpose and the circumstances of the undertaking at the time of their intervention, they are so closely linked to each other that they are inseparable from one another (judgment in Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others , C‑399/10 P and C‑401/10 P, EU:C:2013:175, paragraphs 103 and 104 and the case-law cited). | 51 That point of view cannot be accepted. As the Advocate General correctly states in point 88 of his Opinion, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter' s rules are disproportionate and hence incompatible with Community law. | 0 |
6,273 | 43. Freedom of establishment cannot be understood as meaning that a Member State is required to draw up its tax rules on the basis of those in another Member State in order to ensure, in all circumstances, taxation which removes any disparities arising from national tax rules, given that the decisions made by a company as to the establishment of commercial structures abroad may be to the company’s advantage or not, according to circumstances (see, by analogy, Case C‑403/03 Schempp [2005] ECR I‑6421, paragraph 45). | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
6,274 | 22. In this connection, it should be recalled that, in accordance with the third paragraph of Article 288 TFEU, the binding nature of a directive, which constitutes the basis for the possibility of relying on it, exists only in relation to ‘each Member State to which it is addressed’. It follows, according to settled case-law, that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against such a person before a national court (Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 9; Case C‑91/92 Faccini Dori [1994] ECR I‑3325, paragraph 20; and Dominguez , paragraph 37 and the case-law cited). | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 17 septembre 1996, Commission/Italie, C‑289/94, Rec. p. I‑4405, point 20; du 2 juin 2005, Commission/Irlande, C‑282/02, Rec. p. I‑4653, point 40, et du 10 mai 2007, Commission/Belgique, C‑407/06, non publié au Recueil, point 9). | 0 |
6,275 | 43. Thus, under Article 11(1)(a) of Directive 90/434, Member States may refuse to apply, or may withdraw the benefit of, all or any part of the provisions of that directive, inter alia, where the exchange of shares has tax evasion or tax avoidance as its principal objective or as one of its principal objectives. That same provision also provides that the fact that the operation is not carried out for valid commercial reasons, such as the restructuring or rationalisation of the activities of the companies participating in the operation, may constitute a presumption that the operation has such an objective ( Leur-Bloem , paragraphs 38 and 39, and Kofoed , paragraph 37). | 24. Second, the determination of the applicable national legislation ratione temporis is a question of interpretation of national law and thus does not fall within the jurisdiction of the Court in a reference for a preliminary ruling. | 0 |
6,276 | 50. Ensuite, en ce qui concerne l’argument de la requérante consistant à soutenir que ses marques antérieures sont dotées d’un caractère distinctif élevé, il y a lieu de rappeler que la compétence de la Cour, dans le cadre du pourvoi est limitée à l’appréciation de la solution légale qui a été donnée aux moyens débattus devant les premiers juges. Une partie ne saurait donc modifier l’objet dudit litige en soulevant pour la première fois devant la Cour un moyen qu’elle aurait pu soulever devant le Tribunal, mais qu’elle n’a pas soulevé, dès lors que cela reviendrait à lui permettre de saisir la Cour d’un litige plus étendu que celui dont a eu à connaître le Tribunal (voir, en ce sens, arrêts Commission/Brazzelli Lualdi e.a., C‑136/92 P, EU:C:1994:211, point 59, ainsi que ordonnance Langguth Erben/OHMI, C‑412/13P, EU:C:2014:269, point 41). | 65. S’agissant, ensuite, du grief de la Commission visant la pratique des autorités portugaises en matière d’inscription des ressources propres dans le cadre de la convention ATA, il convient de rappeler, d’une part, que, dans le cadre d’une procédure en manquement, il incombe à la Commission d’établir l’existence du manquement allégué, en apportant à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, en ce sens, arrêts du 29 mai 2001, Commission/Italie, C-263/99, Rec. p. I-4195, point 27, ainsi que du 6 novembre 2003, Commission/Royaume-Uni, C-434/01, Rec. p. I‑13239, point 21 et jurisprudence citée). | 0 |
6,277 | 20 Article 56 permits Member States to adopt, with respect to nationals of other Member States, and in particular on the grounds of public policy, measures which they cannot apply to their own nationals, inasmuch as they have no authority to expel the latter from the territory or to deny them access thereto (see Case 41/74 Van Duyn v Home Office [1974] ECR 1337, paragraphs 22 and 23, Joined Cases 115/81 and 116/81 Adoui and Cornuaille v Belgium [1982] ECR 1665, paragraph 7, and Joined Cases C-65/95 and C-111/95 Shingara and Radiom [1997] ECR I-3343, paragraph 28). | 7 THE RESERVATIONS CONTAINED IN ARTICLES 48 AND 56 OF THE EEC TREATY PERMIT MEMBER STATES TO ADOPT , WITH RESPECT TO THE NATIONALS OF OTHER MEMBER STATES AND ON THE GROUNDS SPECIFIED IN THOSE PROVISIONS , IN PARTICULAR GROUNDS JUSTIFIED BY THE REQUIREMENTS OF PUBLIC POLICY , MEASURES WHICH THEY CANNOT APPLY TO THEIR OWN NATIONALS , INASMUCH AS THEY HAVE NO AUTHORITY TO EXPEL THE LATTER FROM THE NATIONAL TERRITORY OR TO DENY THEM ACCESS THERETO . ALTHOUGH THAT DIFFERENCE OF TREATMENT , WHICH BEARS UPON THE NATURE OF THE MEASURES AVAILABLE , MUST THEREFORE BE ALLOWED , IT MUST NEVERTHELESS BE STRESSED THAT , IN A MEMBER STATE , THE AUTHORITY EMPOWERED TO ADOPT SUCH MEASURES MUST NOT BASE THE EXERCISE OF ITS POWERS ON ASSESSMENTS OF CERTAIN CONDUCT WHICH WOULD HAVE THE EFFECT OF APPLYING AN ARBITRARY DISTINCTION TO THE DETRIMENT OF NATIONALS OF OTHER MEMBER STATES .
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6,278 | 48. As the Court has held on numerous occasions, the right of nationals of a Member State to enter the territory of another Member State and to reside there for the purposes intended by the EC Treaty is a right conferred directly by the Treaty, or, as the case may be, by the provisions adopted for its implementation. The grant of a residence permit to a national of a Member State is to be regarded, not as a measure giving rise to rights, but as a measure by a Member State serving to prove the individual position of a national of another Member State with regard to provisions of European Union law (see Case C-408/03 Commission v Belgium [2006] ECR I-2647, paragraphs 62 and 63 and case-law cited). | 37 As the Council has correctly argued, Regulation No 1343/86 is an implementing regulation which satisfies the requirement that the legal basis be indicated if the provision of the basic regulation pursuant to which it was adopted is referred to in the preamble . It is expressly stated in its preamble that Regulation No 1343/86 is based on Article 5 c ( 6 ) of Regulation No 804/68 . | 0 |
6,279 | 30. Nevertheless, as such exceptions derogate from the principle of the widest possible public access to documents, they must be interpreted and applied strictly ( Sison v Council , paragraph 63; Sweden and Turco v Council , paragraph 36; Sweden and Others v API and Commission , paragraph 73; and Sweden v MyTravel and Commission , paragraph 75). | 63. As they derogate from the principle of the widest possible public access to documents, such exceptions must, as the appellant has correctly observed, be interpreted and applied strictly (see, to that effect, Netherlands and van der Wal v Commission , paragraph 27). | 1 |
6,280 | 64
Furthermore, it cannot be inferred from the Court’s case-law that Article 101(1) TFEU concerns only either (i) the undertakings operating on the market affected by the restrictions of competition or indeed on the markets upstream or downstream of that market or neighbouring markets or (ii) undertakings which restrict their freedom of action on a particular market under an agreement or as a result of a concerted practice. Indeed, it is apparent from the Court’s well established case-law that the text of Article 101(1) TFEU refers generally to all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the internal market, irrespective of the market on which the parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of the arrangements in question (see, to that effect, judgment of 22 October 2015, AC-Treuhand v Commission, C‑194/14 P, EU:C:2015:717, paragraphs 34 and 35 and the case-law cited). | 34. Moreover, it cannot be inferred from the Court’s case-law that Article 81(1) EC concerns only either (i) the undertakings operating on the market affected by the restrictions of competition or indeed the markets upstream or downstream of that market or neighbouring markets or (ii) undertakings which restrict their freedom of action on a particular market under an agreement or as a result of a concerted practice. | 1 |
6,281 | 24. Furthermore, notwithstanding a temporary interruption of the employment relationship a Turkish worker continues to be duly registered as belonging to the labour force in the host Member State, for the purposes of Article 6(1) of Decision No 1/80, during the period which is reasonably necessary for him to find other paid employment, regardless of the cause of the absence of the person concerned from the labour force provided that that absence is temporary (Case C-383/03 Dogan [2005] ECR I-6237, paragraphs 19 and 20). | 45. First of all, it is to be recalled that the Court has already found that, at the time of adoption of Directive 98/43, disparities existed between national laws on the advertising of tobacco products and that there was a trend in national legislation towards ever greater restrictions (the tobacco advertising judgment, paragraphs 96 and 97). | 0 |
6,282 | 22 Thus, in circumstances such as those at issue in the main proceedings, although in accordance with Article 47(1)(e) of the regulation (Article 47(1)(g) by virtue of the effect of Regulation No 1248/92) account is to be taken only of contributions paid under the legislation concerned, that amount must be updated and revalorized so as to correspond to what the persons concerned would have paid had they continued to work under the same conditions in the Member State in question (judgment in Lafuente Nieto, paragraphs 39 and 40). | 30. Although, as observed in paragraph 25 of the present judgment, the exemptions under Article 13 of the Sixth Directive, as derogations from the general application of VAT, are to be interpreted strictly, the term ‘debt collection and factoring’ is to be interpreted broadly as it is an exception to such derogation, with the result that the transactions which it covers are subject to tax in accordance with the fundamental rule forming the basis of the Sixth Directive (see MKG-Kraftfahrzeuge-Factoring , paragraphs 72, 73 and 75, and, by analogy, Case C‑171/00 P Libéros v Commission [2002] ECR I‑451, paragraph 27). | 0 |
6,283 | 189. It follows that, although the first plea relied upon in support of the cross-appeals is well founded, it is of no consequence and must therefore be dismissed (see, by analogy, Salzgitter v Commission , paragraph 60).
The second plea in the main appeals and the second and third pleas in the cross-appeals | 65. If, on the other hand, the comparison reveals that the knowledge and qualifications certified by the foreign diploma and those required by the national provisions correspond only in part, the host Member State is entitled to require the person concerned to show that he or she has acquired the knowledge and qualifications which are lacking. In such a case, it will be for the competent national authorities to assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking ( Vlassopoulou , paragraph 20). | 0 |
6,284 | 21 In those circumstances it must be pointed out that, if the relevant provisions of domestic law cannot be interpreted in conformity with Directive 92/13, the persons concerned may, in accordance with the appropriate procedures under domestic law, claim compensation for the damage incurred owing to the failure to transpose the directive within the time prescribed (Dorsch Consult, cited above, paragraph 45; on the question of Member States' liability in the event of non-transposition of a directive see, in particular, Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357 and Joined Cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94 Dillenkofer and Others [1996] ECR I-4845). | 29. According to Article 78(2) of the Customs Code, after releasing the goods, the customs authorities may inspect the commercial documents and data relating to the import or export operations in respect of the goods or to subsequent commercial operations involving those goods and they may also inspect the goods, where they are still available for inspection. | 0 |
6,285 | 28. The prohibition of measures having equivalent effect to quantitative restrictions set out in Article 28 EC covers all measures which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see, in particular, Case 8/74 Dassonville [1974] ECR 837, paragraph 5; Case 178/84 Commission v Germany ( Beer purity ) [1987] ECR 1227, paragraph 27; Case C‑192/01 Commission v Denmark [2003] ECR I-9693, paragraph 39; and Case C‑270/02 Commission v Italy [2004] ECR I-1559, paragraph 18). | 32 Second, it follows from Article L. 1 of the Code that the pension there referred to is granted in remuneration for the services performed by civil servants until their retirement from the service, and its amount takes account of the level, duration and nature of the services performed. | 0 |
6,286 | 126. With regard to the second subparagraph of Article 34(2) EC, that provision, which prohibits all discrimination in the context of the common agricultural policy, is merely a specific expression of the general principle of equal treatment, which requires that comparable situations must not be treated differently and different situations must not be treated alike unless such treatment is objectively justified (see, in particular, Case 203/86 Spain v Council [1988] ECR 4563, paragraph 25; Case C-15/95 EARL de Kerlast [1997] ECR I-1961, paragraph 35; Case C-292/97 Karlsson and Others [2000] ECR I-2737, paragraph 39, and Case C-14/01 Niemann [2003] ECR I-2279, paragraph 49). | 35 It has been consistently held that the second subparagraph of Article 40(3) of the Treaty, the aim of which is to prohibit discrimination in the field of the common agricultural policy, is merely a specific expression of the general principle of equal treatment, a fundamental principle of Community law, which requires that comparable situations are not to be treated differently and different situations are not to be treated alike unless such treatment is objectively justified (Case 203/86 Spain v Council [1988] ECR 4563, paragraph 25). | 1 |
6,287 | 31. Therefore, whilst the Court of Justice must be able to place as much reliance as possible upon the assessment by the national court of the extent to which the questions submitted are necessary, it must be in a position to make any assessment inherent in the performance of its own duties in particular in order to determine, as all courts must, whether it has jurisdiction ( Zabala Erasun and Others , paragraph 16). | 50. That economic benefit is clearly established where it is provided that the public authority is to become owner of the works or work which is the subject of the contract. | 0 |
6,288 | 61. In exercising that discretion, the competent authority is nevertheless required, in such circumstances, to examine carefully and impartially all the relevant aspects of the individual case (see, by analogy, Case C‑269/90 Technische Universität München [1991] ECR I‑5469, paragraph 14, and Case C‑405/07 P Netherlands v Commission [2008] ECR I‑8301, paragraph 56). | 33. Therefore, it must be held that Directive 2004/18 permits the combining of the capacities of more than one economic operator for the purpose of satisfying the minimum capacity requirements set by the contracting authority, provided that the candidate or tenderer relying on the capacities of one or more other entities proves to that authority that it will actually have at its disposal the resources of those entities necessary for the execution of the contract. | 0 |
6,289 | 54. That test is based on a comparison of the prices charged by a dominant undertaking and certain costs incurred by that undertakings as well as its strategy (see judgment in Post Danmark , C‑209/10, EU:C:2012:172, paragraph 28). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
6,290 | 32. National legislation which places certain of the nationals of the Member State concerned at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State is a restriction on the freedoms conferred by Article 18(1) EC on every citizen of the Union (Case C‑406/04 De Cuyper [2006] ECR I‑6947, paragraph 39, and Tas-Hagen and Tas , paragraph 31). | 25 Questions concerning the origin of a disease are by their nature medical questions. It follows that in this regard neither the appointing authority nor the Court of First Instance may substitute their own opinion for the conclusions of the Invalidity Committee. | 0 |
6,291 | 47. Il résulte d’une jurisprudence constante de la Cour que les restrictions à la liberté d’établissement, qui sont applicables sans discrimination tenant à la nationalité, peuvent être justifiées par des raisons impérieuses d’intérêt général, à condition qu’elles soient propres à garantir la réalisation de l’objectif poursuivi et qu’elles n’aillent pas au-delà de ce qui est nécessaire pour atteindre cet objectif (voir, notamment, arrêts Commission/Autriche, C‑356/08, EU:C:2009:401, point 42, et Commission/France, EU:C:2010:772, point 50). | 43. It follows that legislation such as that at issue in the main proceedings constitutes, in reality, discrimination on grounds of nationality, aggravated by the administrative sanctions imposed in the event of failure to comply therewith. | 0 |
6,292 | 51. In such a case, account should be taken of the fact th at, according to the Court’s case-law, the person who is in fact in possession of products immediately before they become waste must be regarded as having ‘produced’ that waste within the meaning of Article 1(b) of Directive 75/442 and thus be categorised as its ‘holder’ within the meaning of Article 1(c) of that directive (see, in particular, Commune de Mesquer , paragraph 74). | 41. In accordance with the foregoing, it is, in principle, for the Commission to set out, in its reasoned opinion, its assessment of the observations made by the Member State in its response to the letter of formal notice (see judgments in Commission v Ireland , C‑362/01, EU:C:2002:739, paragraph 19, and Commission v Germany , C‑135/01, EU:C:2003:171, paragraph 22). | 0 |
6,293 | 20. According to the Městský soud v Praze, Article 31 of the Telecommunications Law infringed Articles 12 and 13 of that directive, because Czech law made provision for determining the amount of the loss and for a method of calculating and determining the justifiable loss which are different from those provided for under that directive. Thus, in applying national law, the Czech telecommunications regulatory authority was wrong to take into account every loss, of any kind, where, under Directive 2002/22, only a loss representing an ‘unfair burden’ should have been taken into account, as was stipulated by the Court in the judgment in Commission v Belgium (C‑222/08, EU:C:2010:583, paragraphs 35, 37, 42 and 43). Furthermore, national law did not allow the intangible benefits of providing the universal service to be taken into account when determining the amount of the loss. | 45. Further, Member States must, in order to secure the full implementation of directives in law and not only in fact, establish a specific legal framework in the area in question (Case C‑429/01 Commission v France [2003] ECR I‑14355, paragraph 40 and the case-law cited). | 0 |
6,294 | 52. However, according to settled-case law, such a declaration cannot be used for the purpose of interpreting a provision of secondary legislation where, as in the present case, no reference is made to the content of the declaration in the wording of the provision in question and it does not, therefore, have any legal significance (see, inter alia, Case C‑292/89 Antonissen [1991] ECR I‑745, paragraph 18, and Case C‑149/11 Leno Merken [2012] ECR I‑0000, paragraph 46). | 43
Article 6(3) of Directive 92/43 thus plays a part in attainment of the objective pursued by measures taken pursuant to that directive — which, as set out in Article 2(2) thereof, consists in maintaining or restoring, at favourable conservation status, natural habitats and species of wild fauna and flora of interest for the European Union — and of the directive’s more general objective, which is to ensure a high level of environmental protection as regards the sites protected pursuant to the directive. | 0 |
6,295 | 21. It is established case-law that, in the procedure laid down by Article 234 EC providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the referring court with an answer which will be of use to it and enable it to determine the case before it (see Case C-334/95 Krüger [1997] ECR I-4517, paragraph 22, and Case C-88/99 Roquette Frères [2000] ECR I-10465, paragraph 18). To that end the Court of Justice may have to reformulate the question referred to it (see Krüger , paragraph 23, and Case C-62/00 Marks & Spencer [2002] ECR I-6325, paragraph 32). | 28 In that connection it should be stated that the applicant State has not been able to show that the Commission' s findings were inaccurate . Those findings are capable of giving rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures as regards the conditions for the grant of premiums in the Land in question . | 0 |
6,296 | 60. By contrast, with regard to the Community’s non-contractual liability, such disputes fall within the jurisdiction of the Community Courts. Article 235 EC, read in conjunction with Article 225(1) EC, provides that the Court of Justice and the General Court have jurisdiction to hear and determine actions seeking compensation for damage brought under the second paragraph of Article 288 EC, which covers just such non‑contractual liability. That jurisdiction of the Community Courts is exclusive (see, to that effect, inter alia, Case C‑282/90 Vreugdenhil v Commission [1992] ECR I‑1937, paragraph 14, Case C‑275/00 First and Franex [2002] ECR I‑10943, paragraph 43 and the case-law cited, and Hanssens-Ensch , cited above, paragraph 17), those Courts having to verify, for the Community to be non-contractually liable, the satisfaction of a cumulative set of conditions, namely the unlawfulness of the conduct alleged against the institutions, the fact of damage and the existence of a causal link between the conduct of the institution and the damage complained of (Case C‑243/05 P Agraz and Others v Commission [2006] ECR I‑10833, paragraph 26 and case-law cited). | 36. The purpose of Directive 97/7 is to afford consumers extensive protection, by giving them a number of rights in relation to distance contracts. The objective of the European Union legislature is, as is apparent from recital 11 in the preamble to the directive, to avoid a situation where the use of means of distance communication leads to a reduction in the information provided to the consumer. | 0 |
6,297 | 47
While the legislation at issue in the present case applies both to Cypriot civil servants choosing to resign in order to work in the private sector in their Member State of origin and to those resigning and leaving that Member State in order to work in another Member State, within an EU institution or other international organisation, the fact remains that that legislation may restrict the freedom of movement of the latter category of civil servants preventing or deterring them from leaving their Member State of origin to take up employment in another Member State, within an EU institution or in another international organisation. Such legislation directly affects the access of Cypriot civil servants to the employment market in Member States other than the Republic of Cyprus and is thus capable of impeding freedom of movement for workers (see, to that effect, judgment in Bosman, C‑415/93, EU:C:1995:463, paragraphs 98 to 100 and 103). | En revanche, le manquement reproché doit préexister à la lettre de mise en demeure, si bien que cette dernière ne saurait
avoir pour objet la non-transposition d’une directive dont le délai de mise en œuvre n’est pas encore expiré (voir, en ce
sens, ordonnance du 13 septembre 2000, Commission/Pays-Bas, C‑341/97, EU:C:2000:434, point 18, et arrêt du 27 octobre 2005,
Commission/Luxembourg, C‑23/05, EU:C:2005:660, point 7). | 0 |
6,298 | 35. Furthermore, according to the settled case-law of the Court, the Treaty offers no guarantee to a citizen of the Union that transferring his residence to a Member State other than that in which he previously resided will be neutral as regards taxation. Given the disparities in the tax legislation of the Member States, such a transfer may be to the citizen’s advantage or not, according to circumstances (see, to that effect, Case C‑365/02 Lindfors [2004] ECR I‑7183, paragraph 34, and Case C‑403/03 Schempp [2005] ECR I‑6421, paragraph 45). | 146 It should be borne in mind in this regard that Article 47(4) of Regulation No 3665/87 accords the national authorities the possibility of granting the exporter an extension of the deadline for the submission of the documents required, that is to say the proof that the goods exported have arrived at their destination, if the exporter has been unable to submit them within the statutory 12-month period, despite having acted with diligence in seeking to obtain and communicate them within that period. | 0 |
6,299 | 27. As the present action concerns a Commission decision on State aid, it must be borne in mind that, in the context of the procedure for reviewing State aid provided for in Article 88 EC, the preliminary stage of the procedure for reviewing aid under Article 88(3) EC, which is intended merely to allow the Commission to form a prima facie opinion on the partial or complete conformity of the aid in question, must be distinguished from the examination under Article 88(2) EC. It is only in connection with the latter examination, which is designed to enable the Commission to be fully informed of all the facts of the case, that the EC Treaty imposes an obligation on the Commission to give the parties concerned notice to submit their comments (see Cook v Commission , paragraph 22; Matra v Commission , paragraph 16; Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 38; Commission v Aktionsgemeinschaft Recht und Eigentum , paragraph 34; and Germany and Others v Kronofrance , paragraph 37). | 18 Lastly, the reason why cable television broadcasting was not covered by Directive 89/552 is that it was not yet very widespread at the time when the directive was adopted. | 0 |
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