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6,600 | 67. In the light of the 46th recital in Directive 96/9, according to which the existence of the sui generis right does not give rise to the creation of a new right in the works, data or materials themselves, it has been held moreover that the intrinsic value of the materials affected by the act of extraction and/or re-utilisation does not constitute a relevant criterion for assessment in that regard ( The British Horseracing Board and Others , paragraphs 72 and 78). | 43. It is settled case-law, in any event, that the European Community cannot be made to bear the adverse consequences of the wrongful acts of the suppliers of importers ( Pascoal & Filhos , paragraph 59). | 0 |
6,601 | 28. It follows from the foregoing that, in its answer to the question referred in Meilicke and Others , recalled in paragraph 20 of this judgment, the Court ruled out the possibility that the calculation of the tax credit to which a shareholder who is fully taxable in a Member State as regards dividends distributed by a capital company established in another Member State could be done on a basis other than that of the corporation tax rate on the distributed profits applicable to the dividend-paying company according to law of the Member State of establishment. | 21. Specifically, restrictions based on the reasons referred to in paragraph 18 of the present judgment must be suitable for achieving those objectives, inasmuch as they must serve to limit betting activities in a consistent and systematic manner (see, to that effect, Gambelli and Others , paragraph 67). | 0 |
6,602 | 20. Since the conditions for access to the profession of physiotherapist have not, to date, been harmonised at European Union level, the Member States remain competent to define such conditions since Directive 2005/36 does not restrict their powers on that point. They must, however, exercise their powers in this area in a manner which respects the basic freedoms guaranteed by the Treaty (see Case C‑108/96 Mac Quen and Others [2001] ECR I‑837, paragraphs 24 and 25, and Colegio de Ingenieros de Caminos, Canales y Puertos , paragraphs 28 and 29). | 35
Such is not however the effect of a stipulation such as that at issue in the main proceeding, which imposes limitations on the use of subcontractors for a share of the contract fixed in abstract terms as a certain percentage of that contract, and that irrespective of the possibility of verifying the capacities of potential subcontractors and without any mention of the essential character of the tasks which would be concerned. In all those respects, such a stipulation is incompatible with Directive 2004/18, which is relevant in the context of the main proceedings. | 0 |
6,603 | 43. Cette lecture est confortée par les motifs de l’arrêt Commission/Italie (C‑302/09, EU:C:2011:634), à la lumière desquels le dispositif de celui‑ci doit être compris (voir arrêt Commission/Allemagne, C‑95/12, EU:C:2013:676, point 40 et jurisprudence citée). | 32. In relation to a tax rule designed to attenuate the effects of double taxation of the profits distributed by the company in which the investment is made, shareholders who are fully taxable in Austria and receive revenue from capital from a company established in another Member State are therefore in a situation comparable with that of shareholders who are likewise fully taxable in Austria but receive revenue from capital from a company established in Austria. | 0 |
6,604 | 58
According to the Court’s settled case-law, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision or be given priority over the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (judgments of 27 March 1990, Cricket St Thomas, C‑372/88, EU:C:1990:140, paragraphs 18 and 19; of 15 November 2012, Kurcums Metal, C‑558/11, EU:C:2012:721, paragraph 48; and of 17 March 2016, Kødbranchens Fællesråd, C‑112/15, EU:C:2016:185, paragraph 36). | 26IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT A NATIONAL MEASURE WHICH MAKES THE RIGHT TO USE A DESIGNATION OF QUALITY FOR A DOMESTIC PRODUCT SUBJECT TO THE CONDITION THAT THE SEMI-FINISHED PRODUCT FROM WHICH IT WAS MANUFACTURED WAS EITHER PRODUCED OR TREATED ON NATIONAL TERRITORY , AND REFUSES TO ALLOW THE USE OF THAT DESIGNATION SIMPLY BECAUSE THE SEMI-FINISHED PRODUCT WAS IMPORTED FROM ANOTHER MEMBER STATE , IS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
THE FACT THAT THE USE OF THAT DESIGNATION OF QUALITY IS OPTIONAL DOES NOT MEAN THAT IT CEASES TO BE AN UNJUSTIFIED OBSTACLE TO TRADE IF THE USE OF THAT DESIGNATION PROMOTES OR IS LIKELY TO PROMOTE THE MARKETING OF THE PRODUCT CONCERNED AS COMPARED WITH PRODUCTS WHICH DO NOT BENEFIT FROM ITS USE .
| 0 |
6,605 | 30. It follows that a measure by which the public authorities grant to certain undertakings a tax exemption which, although not involving a transfer of State resources, places the persons to whom the tax exemption applies in a more favourable financial situation than other taxpayers constitutes State aid within the meaning of Article 87(1) EC (see Case C-387/92 Banco Exterior de España [1994] ECR I-877, paragraph 14, and Case C-222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I-0000, paragraph 132). | 64
Although that examination is, admittedly, in principle a matter for the referring court alone, the fact remains that the Court of Justice has jurisdiction to deduce from the provisions of EU law the criteria that the referring court may or must apply within the framework of EU law. Nor is there anything preventing a national court from asking the Court of Justice to rule on the application of those provisions in the case in point, provided, however, that the national court carries out the finding and assessment of the facts necessary for that purpose in the light of all the material in the file before it (see, to that effect, judgment of 3 December 2015, Banif Plus Bank, C‑312/14, EU:C:2015:794, paragraphs 51 and 52). | 0 |
6,606 | 19. In view, in particular, of the fact that the Commission opened a procedure in which it examines the applicability of Article 82 EC to the facts underlying the dispute in the main proceedings, it must also be recalled that where the national courts give a ruling on agreements or practices which may subsequently be the subject of a decision by the Commission, they must avoid taking decisions which conflict with those taken or envisaged by the Commission in the implementation of Articles 81 and 82 EC (Case C-234/89 Delimitis [1991] ECR I-935, paragraph 47). | 78. The fact none the less remains that, in order for the restriction to be justified in that regard, it is still necessary, as noted in paragraph 68 of this judgment, that it be appropriate and proportionate in relation to the objective pursued. | 0 |
6,607 | 53. It is true that those provisions differ in terms of the degree of similarity required. Whereas the implementation of the protection provided for under Article 8(1)(b) of Regulation No 40/94 is conditional upon a finding of a degree of similarity between the marks at issue such that there exists a likelihood of confusion between them on the part of the relevant section of the public, the existence of such a likelihood is not necessary for the protection conferred by Article 8(5) of that regulation. Accordingly, the types of injury referred to in Article 8(5) may be the consequence of a lesser degree of similarity between the earlier and later marks, provided that it is sufficient for the relevant section of the public to make a connection between those marks, that is to say, to establish a link between them (see, to that effect, Adidas-Salomon and Adidas Benelux , paragraphs 27, 29 and 31, and Intel Corporation , paragraphs 57, 58 and 66). | 50 The finding in the preceding paragraph applies, in particular, to access to intra-Community routes granted to airlines designated by the United States of America. Even if, as the Austrian Government maintains, that access originates in commitments entered into before 1992, it is clear from Part 1 of Annex I to the 1989 Agreement, concerning the list of routes, as amended in 1995, that access for carriers designated by the United States of America to intra-Community routes was, at the very least, reconfirmed in 1995 in the context of the exchange of traffic rights agreed by the two States. | 0 |
6,608 | 34. It must be borne in mind at the outset that, according to settled case-law, the choice of the legal basis for a Community measure, including one adopted with a view to conclusion of an international agreement, must be based on objective factors which are amenable to judicial review and include in particular the aim and content of the measure (see Case 45/86 Commission v Council , cited above, paragraph 11; Case C-300/89 Commission v Council (the ‘ Titanium dioxide case’) [1991] ECR I-2867, paragraph 10; Case C-268/94 Portugal v Council [1996] ECR I‑6177, paragraph 22; Opinion 2/00, cited above, paragraph 22; and Case C‑176/03 Commission v Council [2005] ECR I‑0000, paragraph 45). | 33
Therefore, as the Advocate General noted essentially in point 71 of his Opinion, it is at that time that the undertaking’s eligibility to receive aid must be assessed, with regard to the conditions laid down by Regulation No 800/2008 (see, to that effect, judgment of 21 March 2013, Magdeburger Mühlenwerke, C‑129/12, EU:C:2013:200, paragraph 40). | 0 |
6,609 | 61. That conclusion cannot be brought into question by the Belgian Government’s argument that, in essence, the effects of those rules are negligible, on the ground that only the disclosure of a limited amount of information is requested, that the obligation to make the declaration at issue is purely declaratory and that it comes into play only as an alternative. In that regard, it should be noted that, in any event, a restriction on a fundamental freedom is, in principle, prohibited by the Treaty even if it is of limited scope or minor importance (judgments in Corsica Ferries (France) , C‑49/89, EU:C:1989:649, paragraph 8, and in Strojírny Prostějov and ACO Industries Tábor , EU:C:2014:2011, paragraph 42).
Justification for the restriction on the freedom to provide services | 21. To that effect, it appears from the third and fifth recitals in the preamble to Directive 92/81 that the latter is intended to render more precise a number of common definitions for mineral oil products which are to be subject to the general excise system and to lay down certain exemptions relating to those products which are obligatory at Community level (see C-389/02 Deutsche See-Bestattungs-Genossenschaft [2004] ECR I-3537, paragraphs 17 and 18). It is also apparent both from those recitals and from the title of Directive 92/81 that those common definitions and the exemptions laid down are intended to promote the establishment and proper functioning of the internal market and to set up a harmonised system in respect of the structures of excise duties on mineral oils at Community level. | 0 |
6,610 | 31 By contrast, Member States may establish the criteria and/or thresholds necessary to determine which of the projects covered by Annex II are to be subject to an assessment (Case C-72/95 Kraaijeveld and Others [1996] ECR I-5403, paragraphs 49 to 53). When establishing those thresholds and/or criteria, Member States must take account not only of the size of projects, but also their nature and location (Case C-392/96 Commission v Ireland [1999] ECR I-5901, paragraphs 65 to 67). | 78. Furthermore, the Court has already had occasion to explain that the Commission cannot, in the phase of the procedure prior to the adoption of the final decision, give any precise assurance as to any reduction of, or immunity from, fines (see, to that effect, Case C‑511/06 P Archer Daniels Midland v Commission [2009] ECR I‑5843, paragraph 118). Thus, the General Court was correct in concluding that the appellants could not entertain a legitimate expectation in that regard. | 0 |
6,611 | 54. However, if that latter condition is not satisfied, it will be considered that the intermediate measure – independently of whether the latter expresses a provisional opinion of the institution concerned – produces independent legal effects and must therefore be capable of forming the subject-matter of an action for annulment ( AKZO Chemie and AKZO Chemie UK v Commission , paragraph 20; Case C‑170/89 BEUC v Commission [1991] I‑5709, paragraphs 9 to 11; Case C‑39/93 P SFEI and Others v Commission [1994] ECR I‑2681, paragraph 28; Case C- 400/99 Italy v Commission [2001] ECR I-7303, paragraphs 57 to 68; Athinaïki Techniki v Commission , paragraph 54). | 60 It is true that, in such a context, unlike a suspension injunction addressed to a Member State, which is immediately binding in character and non-compliance with which permits the Commission to refer the matter directly to the Court of Justice pursuant to Article 12 of the regulation on procedure in State aid cases for a declaration that such non-compliance constitutes an infringement of the Treaty, the decision to initiate the procedure under Article 88(2) EC, taken in relation to measures in the course of implementation and classified by the Commission as new aid, produces legal effects the consequences of which it is for the Member State concerned and, in appropriate cases, economic operators themselves to draw. However, that procedural difference does not affect the scope of those legal effects. | 1 |
6,612 | 46
The concept of ‘objective grounds’, within the meaning of clause 4(1) and/or clause 4(4) of the framework agreement must be understood as not permitting a difference in treatment between fixed-term workers and permanent workers to be justified on the basis that the difference is provided for by a general, abstract national norm, such as a law or collective agreement (judgments of 13 September 2007, Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraph 57; of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 54; of 8 September 2011, Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 72, and of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 50). | 49 It follows from the foregoing that although application of the system for protecting employees established by the Directive requires both a request to open proceedings to satisfy collectively the claims of creditors as laid down by the legislation of the Member State concerned and a formal decision opening such proceedings, determination of outstanding claims which must be guaranteed by the Directive is made in accordance with Articles 3(2), first indent, and 4(2) in relation to the onset of the employer's insolvency, which does not necessarily coincide with the date of that decision. | 0 |
6,613 | 24. In that regard, if national legislation is justified pursuant to one of the transitional measures referred to in Article 24 of the 2003 Act of Accession, in this case the measure provided for in Chapter 2, paragraph 2, of Annex XII to that act, the question of the compatibility of that legislation with Articles 56 TFEU and 57 TFEU can no longer arise (see, to that effect, Case C‑140/05 Valeško [2006] ECR I‑10025, paragraph 74). | 13 The supply of prepared food and drink for immediate consumption is the outcome of a series of services ranging from the cooking of the food to its physical service in a recipient, whilst at the same time an infrastructure is placed at the customer' s disposal, including a dining room with appurtenances (cloak rooms, etc.), furniture and crockery. People, whose occupation consists in carrying out restaurant transactions, will have to perform such tasks as laying the table, advising the customer and explaining the food and drink on the menu to him, serving at table and clearing the table after the food has been eaten. | 0 |
6,614 | 49. The Court notes that, according to settled case-law, the second subparagraph of Article 34(2) of the Treaty, 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 (Case 203/86 Spain v Council [1988] ECR 4563, paragraph 25, Case C-15/95 EARL de Kerlast [1997] ECR I-1961, paragraph 35, and Case C-292/97 Karlsson and Others [2000] ECR I-2737, paragraph 39). | 15 In that regard, it must be pointed out that, by a communication published in the Official Journal of the European Communities, the Commission informed potential recipients of State aid of the risk attaching to any aid granted them illegally, in that they might have to refund the aid ( Official Journal 1983 C 318, p . 3 ). | 0 |
6,615 | 20 The Court has consistently held (see in particular the judgment in Case 279/80 Webb [1981] ECR 3305, paragraph 13) that Article 59 imposes an obligation to achieve a precise result, the fulfilment of which had to be made easier by, but not dependent upon, the implementation of a programme of progressive measures. It follows that the provisions of Article 59 of the Treaty became unconditional on the expiry of the transitional period (judgment in Case 33/74 Van Binsbergen [1974] ECR 1299, paragraph 24). | Il convient, en deuxième lieu, de rappeler qu’il est de jurisprudence constante que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements éventuels intervenus par la suite ne sauraient être pris en compte par la Cour (arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, point 63 et jurisprudence citée). | 0 |
6,616 | 55. As regards the risk of serious difficulties, it must be recalled that the financial consequences which might ensue for a Member State from a judgment delivered by way of a preliminary ruling do not in themselves justify a limitation on the temporal effects of the ruling (see, inter alia, judgments in Bidar , C‑209/03, EU:C:2005:169, paragraph 68, and Brzeziński , C‑313/05, EU:C:2007:33, paragraph 58). It is for the Member State requesting such a limitation to present, before the Court, figures which establish that there is a risk of serious economic repercussions (judgments in Brzeziński , C‑313/05, EU:C:2007:33, paragraphs 59 and 60, and Kalinchev , C‑2/09, EU:C:2010:312, paragraphs 54 and 55). | 113. In the light of those objectives, clause 8(3) of the Framework Agreement cannot be interpreted restrictively. | 0 |
6,617 | 55. In the present case, since it is common ground that the standard rate of VAT was applied to the services at issue from 24 March 1992 to 31 December 1994, the Portuguese Republic cannot be authorised to reintroduce a reduced rate in respect of those services (see, to that effect, Case C‑35/90 Commission v Spain [1991] ECR I‑5073, paragraph 7; Case C‑74/91 Commission v Germany [1992] ECR I‑5437, paragraph 15; Case C‑414/97 Commission v Spain [1999] I‑5585, paragraph 29, and Eurodental , paragraph 55). | 27 Whilst such an entity must be sufficiently structured and autonomous, it will not necessarily have significant assets, tangible or intangible. Indeed, in certain sectors, such as cleaning, these assets are often reduced to their most basic and the activity is essentially based on manpower. Thus, an organised grouping of wage earners who are specifically and permanently assigned to a common task may, in the absence of other factors of production, amount to an economic entity. | 0 |
6,618 | 34. At paragraphs 39 to 51 of that judgment, the Court considered whether the old Federal Law on the remuneration of civil servants engendered discrimination within the meaning of Articles 2 and 6(1) of Directive 2000/78 and concluded that it did, on the ground that the allocation of a basic pay step to civil servants upon recruitment according to their age went beyond what was necessary to attain the legitimate aim pursued by that law. | 61. It follows that, for the purposes of that implementation, a Member State can legitimately choose not to adopt the measure referred to in Clause 5(1)(a), which requires the renewal of such successive fixed-term employment contracts or relationships to be justified by objective reasons. It may, on the contrary, prefer to adopt one or both of the measures referred to in Clause 5(1)(b) and (c) which deal, respectively, with the maximum total duration of those successive fixed-term employment contracts or relationships and the number of renewals of such contracts or relationships, or it may even choose to maintain an existing equivalent legal measure, and it may do so provided that, whatever the measure thus chosen, the effective prevention of the misuse of fixed-term employment contracts or relationships is assured (see Angelidaki and Others , EU:C:2009:250, paragraph 94, and Deutsche Lufthansa , EU:C:2011:129, paragraph 44). | 0 |
6,619 | 36 More particularly, it is necessary to ascertain whether the penalty laid down by the provision in question to achieve the aim in view corresponds with the importance of that aim and whether the disadvantages caused are not disproportionate to the aims pursued (see, in that regard, Case C-8/89 Zardi [1990] ECR I-2515, paragraph 10; Pressler, cited above, paragraph 12; and Joined Cases C-133/93, C-300/93 and C-362/93 Crispoltoni and Others [1994] ECR I-4863, paragraph 41). | 29. Compte tenu du fait que le principe de reconnaissance mutuelle, qui sous-tend l’économie de la décision-cadre, implique, en vertu de l’article 6 de cette dernière, que les États membres sont en principe tenus de reconnaître une décision infligeant une sanction pécuniaire qui a été transmise conformément à l’article 4 de la décision-cadre, sans qu’aucune autre formalité soit requise, et de prendre sans délai toutes les mesures nécessaires pour son exécution, les motifs de refus de reconnaissance ou d’exécution d’une telle décision doivent être interprétés d’une manière restrictive (voir, par analogie, arrêt du 29 janvier 2013, Radu, C‑396/11, point 36 et jurisprudence citée). | 0 |
6,620 | 38. Moreover, since the purpose of recovery of debts owed to a public authority, in particular the recovery of taxes, is to ensure the funding of actions of the Member State concerned on the basis of the choices which are the expression of, inter alia, its general policy in economic and social matters (see, to that effect, Case C‑398/09 Lady & Kid and Others [2011] ECR I‑0000, paragraph 24), the measures adopted by the public authorities in order to ensure that recovery also cannot be considered, as a matter of principle, to have been adopted exclusively to serve economic ends, within the meaning of Article 27(1) of Directive 2004/38. | 24. That abolition falls within the ambit of choices made by the State in the field of taxation which express its general policy in economic and social matters. Such a choice can easily have the most diverse of consequences which, disregarding the potential difficulties in ascertaining whether and, if so, to what extent one tax has, in reality, purely and simply replaced another, preclude the reimbursement of an unlawful tax in such a context’s being regarded as giving rise to unjust enrichment. | 1 |
6,621 | 32
The Court has on various occasions noted the importance in the EU legal order of the principle of res judicata (judgment of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 123 and the case-law cited). | 19. As is clear from the seventh recital in the preamble, the Directive lists in an exhaustive manner the grounds for refusal or invalidity of registration concerning the trade mark itself. | 0 |
6,622 | 45 Accordingly, as the Court has already held, the need to obtain the authorisation laid down in Paragraph 9(3) of the LMG constitutes a wholly unjustified obstacle to the free movement of the product in question (Unilever, cited above, paragraph 34). | 34 It is true that authorisation may be granted. However, the need to obtain such authorisation, which in any event remains valid only for a limited period, constitutes a wholly unjustified obstacle to the free movement of the product in question. | 1 |
6,623 | 36. In particular, a Member State cannot remove at will, in violation of the effectiveness of Directive 97/81, certain categories of persons from the protection offered by that directive and the Framework Agreement on part-time work (see, by analogy with Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) (‘the Framework Agreement on fixed-term work’), Case C‑307/05 Del Cerro Alonso [1997] ECR I‑7109, paragraph 29). | 20. Toutefois, s’agissant, en premier lieu, des frais de banque et des coûts analogues de transaction, comme l’a relevé à bon droit le Royaume de Suède lors de l’audience, la Commission n’a pas apporté d’éléments de nature à démontrer que de tels frais, si ceux-ci peuvent, le cas échéant, être directement liés à un montant versé à l’occasion d’une opération de transaction de titres (voir, en ce sens, arrêt du 19 janvier 2006, Bouanich, C‑265/04, Rec. p. I‑923, point 40), sont également et nécessairement directement liés à la perception, en elle-même, d’un revenu sous forme de dividendes ou d’intérêts. | 0 |
6,624 | 27. The Court has ruled that the unconditional right to take up any employment freely chosen by the person concerned would be rendered wholly meaningless if the competent national authorities were able to impose conditions or restrictions of any sort on the application of the specific rights conferred on Turkish migrants by Decision No 1/80 (see Case C‑329/97 Ergat [2000] ECR I‑1487, paragraph 41). | 24. ‘client’, un client grossiste ou final de gaz naturel ou une entreprise de gaz naturel qui achète du gaz naturel; | 0 |
6,625 | 24. In that regard, it should be recalled that, in proceedings under Article 234 EC, which are based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. Similarly, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the forthcoming 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. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑326/00 IKA [2003] ECR I‑1703, paragraph 27; Case C‑145/03 Keller [2005] ECR I‑2529, paragraph 33; and Case C‑419/04 Conseil générale de la Vienne [2006] ECR I‑5645, paragraph 19). | 48. En premier lieu, force est de constater que, lorsque le Tribunal a statué, le litige avait conservé son objet, car les décisions attaquées n’avaient pas été formellement retirées par la Commission. | 0 |
6,626 | 49. It is true that there may be great differences in the types of obligations which directives impose on the Member States and therefore in the results which they must achieve. It is also common ground that provisions of a directive which concern only the relations between the Member States and the Commission may not require to be transposed (see, to that effect, Case C-32/05 Commission v Luxembourg [2006] ECR I-11323, paragraphs 35 and 36). That is however irrelevant for the outcome of the present dispute. It cannot be denied that Articles 9 and 11 of Directive 2003/87 govern the respective roles of the Commission and the Member States in the context of the procedure for adoption of the national allocation plans, that is to say the allocation of powers between them. Those provisions make it possible to determine whether the Member States enjoy a margin for manoeuvre when drawing up their plan and, as the case may be, what is the scope thereof. | 63
Nevertheless, as such exceptions depart from the principle of the widest possible public access to documents, they must be interpreted and applied strictly (judgments of 18 December 2007, Sweden v Commission, C‑64/05 P, EU:C:2007:802, paragraph 66, and of 21 July 2011, Sweden v MyTravel and Commission, C‑506/08 P, EU:C:2011:496, paragraph 75). | 0 |
6,627 | 162. As regards the Republic of Austria’s argument to the effect that application of the legislation is consistent with the Directive, it need only be stated that mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting valid fulfilment of the obligations to transpose a directive (see, to this effect, Case C-197/96 Commission v France [1997] ECR I‑1489, paragraph 14; Case C-358/98 Commission v Italy [2000] ECR I‑1255, paragraph 17; and Case C-33/03 Commission v United Kingdom [2005] ECR I‑1865, paragraph 25). | 25. As regards the United Kingdom Government’s argument that the practice adopted by the tax authorities guarantees the existence of an obligatory link between the employer’s right to deduct VAT and the use of the fuel by the employees for the employer’s taxed operations, it must be borne in mind that it is settled case-law that the incompatibility of national legislation with Community provisions can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be amended. Mere administrative practices cannot be regarded as constituting the proper fulfilment of obligations under Community law (Case C-197/96 Commission v France [1997] ECR I-1489, paragraph 14; Case C-358/98 Commission v Italy [2000] ECR I-1255, paragraph 17, and Case C-145/99 Commission v Italy [2002] ECR I-2235, paragraph 30). | 1 |
6,628 | 20 The objectives of the two provisions are also different. Article 48(4) of the Treaty takes account of the legitimate interest which Member States have in reserving to their own nationals a range of posts connected with the exercise of powers conferred by public law and with the protection of general interests (see Case 149/79 Commission v Belgium [1980] ECR 3881, paragraph 19), whereas Article 4(4) of Regulation No 1408/71 is intended to take account of the special features of schemes for civil servants in the Member States. | 31. Such a national measure may in principle be justified by the objective of protecting employees expressly referred to by the legislature of the Land of North Rhine-Westphalia in the draft legislation which culminated in the adoption of the TVgG-NRW, namely that of ensuring that employees are paid a reasonable wage in order to avoid both ‘social dumping’ and the penalisation of competing undertakings which grant a reasonable wage to their employees. | 0 |
6,629 | 41. Community law does not prevent a national legal system from disallowing repayment of charges which have been levied but were not due where to do so would lead to unjust enrichment of the recipients (Case 104/86 Commission v Italy [1988] ECR 1799, paragraph 6; Case C-343/96 Dilexport [1999] ECR I‑579, paragraph 47; and Joined Cases C-441/98 and C-442/98 Michaïlidis [2000] ECR I-7145, paragraph 31). However, in order to comply with Community law, the principle prohibiting unjust enrichment must be implemented in accordance with principles such as that of equal treatment. | 86
It follows that a condition for the application or the receipt of tax aid may be grounds for a finding that that aid is selective, if that condition leads to a distinction being made between undertakings despite the fact that they are, in the light of the objective pursued by the tax system concerned, in a comparable factual and legal situation, and if, therefore, it represents discrimination against undertakings which are excluded from it. | 0 |
6,630 | 37. As regards, first, the actual principle of the requirement for prior recognition of eligibility for assistance of expenditure on board, lodging, travel, visitors’ tax and the making of a final medical report, and leaving aside the conditions on which such recognition may be obtained, it is appropriate to note that it follows from Paragraphs 8(3) and 13(3) of the BhV that that principle applies in respect of the expenditure occasioned by a health cure taken either inside or outside Germany. It follows that that requirement does not, as such, have the effect of making the provision of services between Member States, in this case the services offered by cure centres in other Member States, more difficult than the provision of services purely within one Member State, namely those offered by cure centres in Germany (see, to that effect, Case C‑381/93 Commission v France [1994] ECR I‑5145, paragraph 17; Kohll , paragraph 33; and Smits and Peerbooms , paragraph 61). | 27. The deduction system is intended to relieve the trader entirely of the burden of the VAT due or paid in the course of all his economic activities. The common system of VAT therefore ensures that all economic activities, whatever their purpose or results, provided that they are, in principle, themselves subject to VAT, are taxed in a neutral way (see judgments in Dankowski , C‑438/09, EU:C:2010:818, paragraph 24; Tóth , C‑324/11, EU:C:2012:549, paragraph 25; and orders in Forvards V , C‑563/11, EU:C:2013:125, paragraph 27, and Jagiełło , C‑33/13, EU:C:2014:184, paragraph 25). | 0 |
6,631 | 41. According to the wording of the second and third subparagraphs respectively of Article 4(3) TEU, the Member States inter alia ‘shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ and ‘shall … refrain from any measure which could jeopardise the attainment of the Union’s objectives’, including those pursued by directives (see Case C‑61/11 PPU El Dridi [2011] ECR I‑3015, paragraph 56, and Kelly , paragraph 36). | 26. In that regard, it must be observed, first, that a medical practitioner specialising in dentistry, such as Mr Heiser, must be considered to be an undertaking within the meaning of that provision since he provides, in his capacity as a self-employed economic operator, services on a market, namely the market in specialist medical services in dentistry (see, to that effect, Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I‑6451, paragraphs 76 and 77). | 0 |
6,632 | 73
That interpretation is also consistent with the main objective of Directive 2003/87, which is to protect the environment by means of a reduction of greenhouse gas emissions (see judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraph 79) and the objective set out in recital 18 of Decision 2011/278 which requires Member States to ensure no double counting and double allocation in order to avoid any distortion of competition and to ensure an orderly functioning of the carbon market. | 95. It is settled case-law that the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. The Court has stated that in this context the term ‘undertaking’ must be understood as designating an economic unit even if in law that economic unit consists of several natural or legal persons, and that when such an economic entity infringes the competition rules, it is for that entity, according to the principle of personal responsibility, to answer for that infringement (Case C‑90/09 P General Química and Others v Commission [2011] ECR I‑0000, paragraphs 34 to 36 and the case-law cited). | 0 |
6,633 | 63. Although, as European Union law stands at present, the rules governing the way in which a person’s surname and forename are entered on certificates of civil status are matters coming within the competence of the Member States, the latter must none the less, when exercising that competence, comply with European Union law, and in particular with the Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (see, to that effect, Case C‑148/02 Garcia Avello [2003] ECR I‑11613, paragraphs 25 and 26; Case C‑353/06 Grunkin and Paul [2008] ECR I‑7639, paragraph 16; and Case C‑208/09 Sayn-Wittgenstein [2010] ECR I‑0000, paragraphs 38 and 39). | 21. It follows that when an export refund has been wrongly paid to an operator owing to an error on the part of the national authorities, such a situation is not an ‘irregularity’ within the meaning of Regulation No 2988/95. | 0 |
6,634 | 28 Furthermore, the Court of Justice has had occasion to rule that a measure that makes the provision of cross-border services more onerous than that of comparable domestic services amounts to a restriction of the freedom to provide services (see Case 205/84 Commission v Germany [1986] ECR 3755, paragraph 38). In the present case, the provisions at issue make the provision of cross-border services - such as the flight from Lisbon to Madrid - more costly than the provision of a comparable domestic service - such as the flight from Lisbon to Oporto - and they thus constitute a breach of the principle of freedom to provide services unless they are justified by compelling reasons of public interest and the measures enacted thereby are necessary and proportional. | 33 Secondly, it is not established that the use of the term `cheese' together with explanatory descriptions, such as those in question in the main proceedings, to designate products of which the milk fat has been entirely replaced by vegetable fat would be certain to prevent confusion in consumers' minds as to the composition of the product which they are about to purchase. However, it is clear that such use would impair the protection of the natural composition of milk and milk products. | 0 |
6,635 | 32 With regard to a bilateral international treaty concluded between a Member State and a non-member country for the avoidance of double taxation, the Court has pointed out that, although direct taxation is a matter falling within the competence of the Member States alone, the latter may not disregard Community rules but must exercise their powers in a manner consistent with Community law. The Court accordingly ruled that the national treatment principle requires the Member State that is party to such a treaty to grant to permanent establishments of companies resident in another Member State the advantages provided for by the agreement on the same conditions as those which apply to companies resident in the Member State that is party to the treaty (see, in this connection, Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraphs 57 to 59). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,636 | 35. In that context, it should be observed that it is settled case-law that the Court does not have jurisdiction to interpret the internal law of a Member State (see, inter alia, Joined Cases C-128/10 and C-129/10 Naftiliaki Etaireia Thasou and Amaltheia I Naftiki Etaireia [2011] ECR I-1885, paragraph 40). | 53 Accordingly, in a situation such as is at issue in the main proceedings, the time and place at which the goods cease to be covered by the external Community transit arrangements is necessarily the time and place at which the first irregularity which can be regarded as a removal of the goods from customs supervision was committed. | 0 |
6,637 | 34. In this regard, it should be borne in mind that the concept of ‘implementing Union law’, as referred to in Article 51 of the Charter, presupposes a degree of connection between the measure of EU law and the national measure at issue which goes beyond the matters covered being closely related or one of those matters having an indirect impact on the other (see, to that effect, the judgments delivered prior to the entry into force of the Charter in Case 149/77 Defrenne EU:C:1978:130, paragraphs 29 to 32; Case C‑299/95 Kremzow EU:C:1997:254, paragraphs 16 and 17; Case C‑144/04 Mangold EU:C:2005:709, paragraph 75; and Siragusa EU:C:2014:126, paragraph 24). | 38 It follows a contrario from Article 2 of Directive 92/50 that, if a public contract relates both to products within the meaning of Directive 93/36 and to services within the meaning of Directive 92/50, it will fall within the scope of Directive 93/36 if the value of the products covered by the contract exceeds that of the services. | 0 |
6,638 | 8 As the Court made clear in paragraph 35 of its judgment in Case C-226/97 Lemmens [1998] ECR I-3711, failure to notify technical regulations, which constitutes a procedural defect in their adoption, renders such regulations inapplicable inasmuch as they hinder the use or marketing of a product which is not in conformity therewith.
The Italian legislation and the notification procedure | 32. Those guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it (judgment in Wilson , EU:C:2006:587, paragraph 53 and the case-law cited). In order to consider the condition regarding the independence of the body making the reference as met, the case-law requires, inter alia, that dismissals of members of that body should be determined by express legislative provisions (judgment in D. and A. , C‑175/11, EU:C:2013:45, paragraph 97, and order in Pilato , C‑109/07, EU:C:2008:274, paragraph 24 and the case-law cited). | 0 |
6,639 | 21. In that context, the Court has held previously that since Article 101(1) TFEU produces direct effects in relations between individuals and creates rights for the individuals (Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraph 39 and the case-law cited), the practical effect of the prohibition laid down in that provision would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition ( Courage and Crehan , paragraph 26). | 49. In that regard, the Court observes that, although admittedly certain portions of the line of argument put forward by the appellants in the context of their first and second grounds of appeal may lack rigour, that line of argument does, however, appear overall to be sufficiently clear for the purposes of identifying with the necessary precision the elements of the judgment under appeal which are being challenged, and the legal arguments relied on in support of that challenge, and thus enables the Court to carry out its review of the lawfulness thereof. | 0 |
6,640 | 48. As regards, first, the principle of legal certainty, it must be observed all the more strictly in the case of rules liable to entail financial consequences, in order that those concerned may know precisely the extent of the obligations which such rules impose on them (see Case 326/85 Netherlands v Commission [1987] ECR 5091, paragraph 24, and Halifax and Others , paragraph 72). It follows that it is necessary, as Teleos and Others and the Commission correctly observe, that taxable persons be aware, before concluding a transaction, of their tax obligations. | 10 THAT PROVISION REMOVES FROM THE AMBIT OF ARTICLE 48 ( 1 ) TO ( 3 ) A SERIES OF POSTS WHICH INVOLVE DIRECT OF INDIRECT PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND DUTIES DESIGNED TO SAFEGUARD THE GENERAL INTERESTS OF THE STATE OR OF OTHER PUBLIC AUTHORITIES . SUCH POSTS IN FACT PRESUME ON THE PART OF THOSE OCCUPYING THEM THE EXISTENCE OF A SPECIAL RELATIONSHIP OF ALLEGIANCE TO THE STATE AND RECIPROCITY OF RIGHTS AND DUTIES WHICH FORM THE FOUNDATION OF THE BOND OF NATIONALITY .
| 0 |
6,641 | 21 It must first be noted that the Court cannot, in proceedings under Article 177 of the Treaty, rule whether a measure of national law is valid from the point of view of Community law, as it might in proceedings under Article 169 (see, for example, Case 6/64 Costa v ENEL [1964] ECR 585). It is, however, competent to provide the national court with all criteria for the interpretation of Community law which may enable that court to determine the issue of compatibility for the purposes of the decision in the case before it (see, for example, Case 223/78 Grosoli [1979] ECR 2621, paragraph 3). | 20 ACCORDINGLY IT IS NOT ONLY THE FAMILY SITUATION OF THE WORKER THAT SHOULD BE TAKEN INTO ACCOUNT , BUT ALSO THE REASONS WHICH HAVE LED HIM TO MOVE , AND THE NATURE OF THE WORK .
| 0 |
6,642 | 36. Consequently, although it is open to the Member States, as has been pointed out in paragraph 32 of this judgment, to introduce an exception in respect of ephemeral recordings into their domestic law, an interpretation according to which Member States which, exercising that option afforded to them by European Union law, have introduced an exception of that kind, are free to determine, in an un‑harmonised manner, the limits thereof, inter alia as regards the facilities used to make those ephemeral recordings, would be contrary to the objective of that directive as set out in the preceding paragraph, inasmuch as the limits of that exception could vary from one Member State to another and would therefore give rise to potential inconsistencies (see, by analogy, concerning the concept of ‘fair compensation’ referred to in Article 5(2)(b) of Directive 2001/29, Case C‑467/08 Padawan [2010] ECR I‑10055, paragraphs 34 to 36). | 96. The view must also be taken that, by issuing a general authorisation to operate on the broadcasting services market only to the incumbent networks, Article 23(5) of Law No 112/2004 consolidated the restrictive effect confirmed in the preceding paragraph. | 0 |
6,643 | 72. It follows in particular that, where the Commission has adduced sufficient evidence of certain matters in the territory of the defendant Member State, it is incumbent on the latter to challenge in substance and in detail the information produced and the consequences flowing therefrom (see, inter alia, Commission v Ireland , paragraph 44 and the case-law cited, and Commission v United Kingdom , paragraph 45). | 26 Regulation No 1663/95, which is the implementing regulation for Regulation No 729/70, provides, in the first subparagraph of Article 8(1), what that written communication must contain. According to that article, that communication must indicate the corrective measures to be taken to ensure future compliance with the rules concerned, must give an evaluation of any expenditure which it may propose to exclude and must make reference to Regulation No 1663/95. | 0 |
6,644 | En particulier, l’éventualité pour un État membre d’être déchargé de certaines de ses responsabilités ne suffit pas à elle seule pour permettre à celui-ci d’introduire une différence de traitement entre les organismes reconnus d’intérêt général nationaux et ceux établis dans un autre État membre (voir, en ce sens, arrêts du 27 janvier 2009, Persche, C-318/07, EU:C:2009:33, point 46, et du 10 février 2011 Missionswerk Werner Heukelbach, C-25/10, EU:C:2011:65, point 31). | 48
As for waste gases generated during the production of hot metal, according to recital 32 of Decision 2011/278 the product benchmarks take account of the efficient energy recovery of waste gases and emissions related to use of those gases. To that end, for the determination of the benchmark values for products of which the production generates waste gases, the carbon content of those waste gases has been taken into account to a large extent. | 0 |
6,645 | 15 As far as the Commission is concerned, the Court has pointed out, in its judgment in Case 78/76 Steinike & Weinlig v Germany [1977] ECR 595, paragraph 9, that the intention of the Treaty, in providing through Article 93 for aid to be kept under constant review and supervised by the Commission, is for a finding that an aid may be incompatible with the common market to be made, subject to review by the Court, in an appropriate procedure which it is the Commission' s responsibility to set in motion. | 96. In so far as Del Monte claims that all the evidence relating to its exchanges with Weichert shows that the latter’s conduct was at odds with Del Monte’s expectations, first, it should be noted, as the Advocate General observed at points 101, 103 and 104 of her Opinion, that it is not necessary for the subsidiary to carry out all the parent company’s instructions to demonstrate decisive influence, as long as the failure to carry out instructions is not the norm. | 0 |
6,646 | 35 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 15 As has been stated above, the obligation to notify the competent agency at the latest upon the entry of the products into the undertaking, imposed by Article 18(1 ) of Regulation No 2192/82 as amended by Regulation No 3322/82, is essential for the proper functioning of the scheme of aids established . | 0 |
6,647 | 52. In that connection, the Court has held that a national or international body governed by public law which pursues the recovery of charges payable by a person governed by private law for the use of its equipment and services acts in the exercise of its public powers, in particular where that use is obligatory and exclusive and the rate of charges, the methods of calculation and the procedures for collection are fixed unilaterally in relation to the users (judgments in LTU , 29/76, EU:C:1976:137, paragraph 4, and Lechouritou and Others , C‑292/05, EU:C:2007:102, paragraph 32). | 39. À cet égard, la Cour a précisé que, si le prix effectivement payé ou à payer pour les marchandises forme, en règle générale, la base de calcul de la valeur en douane (voir, en ce sens, arrêt Sommer, précité, point 22), ce prix est une donnée qui doit éventuellement faire l’objet d’ajustements lorsque cette opération est nécessaire pour éviter de déterminer une valeur en douane arbitraire ou fictive (arrêt du 19 mars 2009, Mitsui & Co. Deutschland, C‑256/07, Rec. p. I‑1951, point 24). | 0 |
6,648 | 56. In respect of such a breach of the tendering rules laid down by Directive 92/50, which was adopted in order to eliminate barriers to the freedom to provide services and to protect the interests of traders established in a Member State who wish to offer services to contracting authorities established in another Member State (see, in particular, Case C‑19/00 SIAC Construction [2001] ECR I‑7725, paragraph 32), it should be recalled that the adverse effect on the freedom to provide services arising from the infringement of Directive 92/50 must be found to subsist throughout the entire performance of the contracts concluded in breach of the directive (see Joined Cases C‑20/01 and C‑28/01 Commission v Germany [2003] ECR I‑3609, paragraph 36, and Case C‑503/04 Commission v Germany [2007] ECR I‑6153, paragraph 29). | 73. In the present case, it is common ground that the Autonomous Community of the Basque Country did not submit an application for registration of the liability relating to the repayment of the unlawful aid in question in the schedule of liabilities in the CMD insolvency proceedings until 10 June 2010, it being stated that that application related only to a minimal part of the aid in respect of which repayment had been required by Decision 91/1. That application subsequently underwent a number of corrections, the last of which was submitted on 7 December 2011. All those steps took place after the expiry of the period prescribed in the supplementary letter of formal notice. | 0 |
6,649 | 10 It should be pointed out, before considering Hilti' s pleas, that the Court of Justice has consistently held that pursuant to Article 168A of the EEC Treaty and Article 51 of the Statute of the Court of Justice of the EEC an appeal may rely only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts (see, in particular, the judgments in Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 12, and in Case C-346/90 P F. v Commission [1992] ECR I-2691, paragraph 7).
The first plea | 53. From that point of view, it is permissible for a Member State to organise medical care in such a way that it gives priority to a system of benefits in kind, so that all patients have easy access, throughout national territory, to the services of contractual practitioners. | 0 |
6,650 | 35. To that end, the Court must interpret those provisions taking into account not only their wording but also the context in which they occur and the objectives of the rules of which they form part (see judgment in Sneller , C‑442/12, EU:C:2013:717, paragraph 21 and the case-law cited). | 86. As regards the argument of the Spanish Government according to which the Cooperation Agreement cannot be subject to the rules governing public procurement because it concerns an ‘in-house’ situation, it is admittedly the case that, in the sphere of public service contracts, the application of the rules set out in Articles 12 EC, 43 EC and 49 EC, as well as the general principles of which they are the specific expression, is precluded if the control exercised by the contracting public authority over the entity to which the contract was awarded is similar to that which the authority exercises over its own departments and if that entity carries out the essential part of its activities with the controlling authority (see, by analogy, Parking Brixen , paragraph 62, and ANAV , paragraph 24). | 0 |
6,651 | 26. National legislation such as that at issue in the main proceedings which, as worded, applies to Italian operators and to operators of other Member States alike is, generally, capable of falling within the scope of the provisions on the fundamental freedoms established by the Treaty only to the extent that it applies to situations connected with trade between Member States (see Case C‑448/98 Guimont [2000] ECR I‑10663, paragraph 21; Case C‑6/01 Anomar and Others [2003] ECR I‑8621, paragraph 39 and the case‑law cited; Centro Europa 7 , paragraph 65, and Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 40). | 67. The signatory parties to the Framework Agreement considered that the use of fixed-term employment contracts founded on objective reasons is a way to prevent abuse (see paragraph 7 of the general considerations in the Framework Agreement). | 0 |
6,652 | 44. By contrast, the substantive rules of Community law must be interpreted as applying to situations existing before their entry into force only in so far as it clearly follows from their terms, their objectives or their general scheme that such effect must be given to them (see, inter alia, Case C‑162/00 Pokrzeptowicz-Meyer [2002] ECR I‑1049, paragraph 49). | 25. En cas de décision constatant le caractère illégal et incompatible d’une aide, la récupération de celle-ci, ordonnée par la Commission, a lieu dans les conditions prévues à l’article 14, paragraphe 3, du règlement n° 659/1999 (arrêt du 20 octobre 2011, Commission/France, C‑549/09, point 28). | 0 |
6,653 | 48. The fact nevertheless remains that, when exercising that power, Member States must comply with EU law and, in particular, with the provisions on the freedom to provide services (see, inter alia, Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 44 to 46; Müller-Fauré and van Riet , paragraph 100; Watts , paragraph 92; Elchinov , paragraph 40; Case C‑211/08 Commission v Spain [2010] ECR I‑0000, paragraph 53; and Commission v Luxembourg , paragraph 32). | 55. It is not disputed that the ‘single economic entity’ concept was developed for the purposes of determining the normal value. The General Court thus rightly set out, in paragraphs 178 and 179 of the judgment under appeal, the specific situations in which it may be concluded that there is such an entity for the calculation of the normal value. However, it does not follow from those considerations that that concept is to be applied only in relation to the domestic markets of producer-exporters. If a producer exports his products to the European Union through the intermediary of a legally separate undertaking, but over which it holds economic control, the requirement of a finding reflecting the economic reality of the relations between that producer and that sales company militates more in favour of applying the ‘single economic entity’ concept when calculating the export price. | 0 |
6,654 | 35. In this respect, it should be borne in mind that those provisions must, in accordance with settled case-law in respect of derogations from fundamental freedoms, be interpreted strictly (see, inter alia, as regards the derogations provided for in Article 296 EC, Case C-284/05 Commission v Finland [2009] ECR I-11705, paragraph 46 and the case-law cited). Although Article 296(1)(b) EC refers to measures which a Member State may consider necessary for the protection of the essential interests of its security, that article cannot, however, be read in such a way as to confer on Member States a power to depart from the provisions of the EC Treaty based on no more than reliance on those interests ( Commission v Finland , paragraph 47). | 62
In that regard, it should be noted that the definitions of product benchmark sub-installations, heat benchmark sub-installations, fuel benchmark sub-installations and process emissions sub-installations are mutually exclusive, as is clear from Article 3(b), (c), (d) and (h) of Decision 2011/278. | 0 |
6,655 | 23. As regards failure to disclose an exculpatory document, it is settled case-law that the undertaking concerned need establish only that the non-disclosure was able to influence, to its detriment, the course of the procedure and the content of the Commission’s decision. It is thus sufficient for the undertaking to show that it would have been able to use the exculpatory documents for its defence, in the sense that, had it been able to rely on them during the administrative procedure, it would have been able to invoke evidence which was not consistent with the inferences made at that stage by the Commission and therefore could have had an influence, in any way at all, on the assessments made by the Commission in any decision, at least as regards the gravity and duration of the conduct in which the undertaking was found to have engaged and, accordingly, the level of the fine ( Aalborg Portland and Others v Commission , paragraphs 74 and 75 and the case-law cited). | 36 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the Regulation. | 0 |
6,656 | 43. In adopting national measures to protect public health within the meaning of Article 30 EC, it is for the Member States to decide what degree of protection they intend to assure thereto (see, to that effect, Case 272/80 Frans-Nederlandse Maatschappij voor Belgische Producten [1981] ECR 3277, paragraph 12, Case C-293/94 Brandsma [1996] ECR I-3159, paragraph 11, and Case C-400/96 Harpegnies [1998] ECR I-5121, paragraph 33). However, those national rules must be proportionate to the objectives pursued (Case 174/82 Sandoz [1983] ECR 2445, paragraph 18, and Harpegnies , paragraph 34). | 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 |
6,657 | 20. In that regard, it is sufficient to note that, in accordance with settled case-law, the question whether the contested votes relate exclusively to the internal organisation of the Parliament or whether they produce legal effects vis-à-vis third parties is an issue inseparably associated with consideration of the content of those votes and that, in consequence, it is necessary to consider the merits of the actions (Case 230/81 Luxembourg v Parliament [1983] ECR 255, paragraph 30; Joined Cases 358/85 and 51/86 France v Parliament [1988] ECR 4821, paragraph 15; and Joined Cases C-213/88 and C-39/89 Luxembourg v Parliament [1991] ECR I-5643, paragraph 16).
Substance
Arguments of the parties | 49 In Hoffmann-La Roche, the Court held, applying those principles, that Article 36 of the Treaty must be interpreted as meaning that a trade mark owner may rely on his rights as owner to prevent an importer from marketing a product put on the market in another Member State by the owner or with his consent, where that importer has repackaged the product in new packaging to which the trade mark has been reaffixed, unless:
° it is established that the use of the trade-mark right by the owner, having regard to the marketing system which he has adopted, will contribute to the artificial partitioning of the markets between Member States;
° it is shown that the repackaging cannot adversely affect the original condition of the product;
° the owner of the mark receives prior notice before the repackaged product is put on sale; and
° it is stated on the new packaging by whom the product has been repackaged. | 0 |
6,658 | 67 It is settled law that the prohibition of discrimination laid down in that provision is only a specific expression of the general principle of equality which is one of the fundamental principles of Community law (see Case C-177/90 Kuehn v Landwirtschaftskammer Weser-Ems [1992] ECR I-35, paragraph 18, and Case C-98/91 Herbrink v Minister van Landbouw, Natuurbeheer en Visserij [1994] ECR I-223, paragraph 27) and which requires that comparable situations are not treated in a different manner unless the difference in treatment is objectively justified (see Joined Cases 201/85 and 202/85 Klensch and Others v Secrétaire d' Etat [1986] ECR 3477, paragraph 9, and Wuidart and Others, cited above, paragraph 13). | 47. Consequently, the beneficiary of the aid is able, during that period, to keep funds deriving from the aid declared incompatible and to benefit from the resulting unfair competitive advantage. | 0 |
6,659 | 61. Similarly, the system of strict protection presupposes the adoption of coherent and coordinated measures of a preventive nature (judgment of 16 March 2006 in Case C‑518/04 Commission v Greece , paragraph 16, and Commission v Ireland , paragraph 30). | 59
Thus, in such circumstances, the concept of ‘place where the employee habitually carries out his work’ enshrined in Article 19(2)(a) of the Brussels I Regulation must be interpreted as referring to the place where, or from which, the employee in fact performs the essential part of his duties vis-à-vis his employer. | 0 |
6,660 | 30. On the other hand, where such a court considers that one or more arguments for invalidity, put forward by the parties or, as the case may be, raised by it of its own motion (see, to this effect, Case 126/80 Salonia [1981] ECR 1563, paragraph 7), are well founded, it is incumbent upon it to stay proceedings and to make a reference to the Court for a preliminary ruling on the act’s validity. | 34. In that regard it should be observed that the purpose of the exemption of transactions connected with the management of special investment funds is, particularly, to facilitate investment in securities by means of investment undertakings by excluding the cost of VAT and, in that way, ensuring that the common system of VAT is neutral as regards the choice between direct investment in securities and investment through collective investment undertakings (see judgments in JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies , C‑363/05, EU:C:2007:391, paragraph 45; Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 19; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 43). | 0 |
6,661 | 78. If the amount of the reimbursement of the expenses incurred for hospital treatment provided in a Member State other than that of residence, resulting from the rules in force in that State, is less than that which would have resulted from application of the legislation in force in the Member State of residence if hospital treatment had been provided there, pursuant to Article 49 EC, as interpreted by the Court, complementary reimbursement corresponding to the difference between those two amounts must, in addition, be made by the competent institution (see, to that effect, Vanbraekel and Others , paragraphs 38 to 52, and Commission v Spain , paragraphs 56 and 57). | 24. In that regard, it should be remembered at the outset that, according to the Court’s settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU 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, Joined Cases C-188/10 and C-189/10 Melki and Abdeli [2010] ECR I-5667, paragraph 27; Case C-599/10 SAG ELV Slovensko and Others [2012] ECR, paragraph 15; and Case C-378/10 VALE Építési [2012] ECR, paragraph 18). | 0 |
6,662 | 33. In that regard, the derogation allowed under Article 346 TFEU must, in accordance with settled case-law concerning derogations from fundamental freedoms, be narrowly construed (see, to that effect, the judgments in Commission v Finland , C‑284/05, EU:C:2009:778, paragraph 46, and Insinööritoimisto InsTiimi , C‑615/10, EU:C:2012:324, paragraph 35). | 56. However, it is for the national court to determine to what extent the conditions for application and effective implementation of the first sentence of Article 36(2) of Legislative Decree No 165/2001 constitute a measure adequate for the prevention and, where relevant, the punishment of the abusive use by the public authorities of successive fixed-term employment contracts or relationships. | 0 |
6,663 | À cet égard, il importe de rappeler que, selon une jurisprudence constante, les différences conceptuelles entre deux signes en conflit peuvent neutraliser leurs similitudes visuelles et phonétiques, pour autant qu’au moins l’un de ces signes a, pour le public pertinent, une signification claire et déterminée, de telle sorte que ce public est susceptible de la saisir directement (voir, notamment, arrêts du 12 janvier 2006, Ruiz-Picasso e.a./OHMI, C‑361/04 P, EU:C:2006:25, point 20, ainsi que du 23 mars 2006, Mülhens/OHMI, C‑206/04 P, EU:C:2006:194, point 35). | 20. By stating in paragraph 56 of the judgment under appeal that, where the meaning of at least one of the two signs at issue is clear and specific so that it can be grasped immediately by the relevant public, the conceptual differences observed between those signs may counteract the visual and phonetic similarities between them, and by subsequently holding that that applies in the present case, the Court of First Instance did not in any way err in law. | 1 |
6,664 | Deuxièmement, il convient de rappeler que, si des points de droit examinés en première instance peuvent être de nouveau discutés au cours de la procédure de pourvoi dès lors qu’un requérant conteste, de manière spécifique, l’interprétation ou l’application du droit de l’Union faite par le Tribunal (voir, en ce sens, arrêts du 30 mai 2013, Quinn Barlo e.a./Commission, C‑70/12 P, non publié, EU:C:2013:351, point 27, ainsi que du 19 janvier 2017, Commission/Total et Elf Aquitaine, C‑351/15 P, EU:C:2017:27, point 31), un pourvoi est irrecevable dans la mesure où il se limite à répéter les moyens et les arguments qui ont déjà été présentés devant le Tribunal, y compris ceux qui étaient fondés sur des faits expressément rejetés par cette juridiction, sans même comporter une argumentation visant spécifiquement à identifier l’erreur de droit dont serait entaché l’arrêt du Tribunal. En effet, un tel pourvoi constitue, en réalité, une demande visant à obtenir un simple réexamen de la requête présentée devant le Tribunal, ce qui échappe à la compétence de la Cour dans le cadre d’un pourvoi (arrêts du 7 janvier 2004, Aalborg Portland e.a./Commission,C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P et C‑219/00 P, EU:C:2004:6, point 51, ainsi que du 26 janvier 2017, Mamoli Robinetteria/Commission, C‑619/13 P, EU:C:2017:50, point 43). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,665 | 34. It is true that, in the context of measures laid down by a Member State in order to prevent or mitigate the imposition of a series of charges to tax on, or the double taxation of, profits distributed by a resident company, resident shareholders receiving dividends are not necessarily in a situation which is comparable to that of shareholders receiving dividends who are resident in another Member State (see, to that effect, Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-0000, paragraphs 57 to 65). | 39. Moreover, it is apparent from both its title, preamble, content and purpose that the Directive seeks to lay down a general framework in order to guarantee equal treatment ‘in employment and occupation’ to all persons, by offering them effective protection against discrimination on one of the grounds covered by Article 1, which include age (see Case C‑499/08 Ingeniørforeningen i Danmark [2010] ECR I‑0000, paragraph 19). | 0 |
6,666 | 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). | 49. According to the Court, in view of the objectives pursued by the framework agreement, as recalled in the preceding two paragraphs, clause 4 thereof must be interpreted as articulating a principle of EU social law which cannot be interpreted restrictively (see Del Cerro Alonso , paragraph 38, and Impact , paragraph 114). | 0 |
6,667 | 28. In that respect, it has previously been held that national legislation intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities falls within the scope of Article 49 TFEU on freedom of establishment (see Case C‑387/11 Commission v Belgium [2012] ECR, paragraph 34; Test Claimants in the FII Group Litigation , paragraph 91 and the case-law cited; and Beker , paragraph 25). On the other hand, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking must be examined exclusively in the light of the free movement of capital (see Commission v Belgium , paragraph 34; Test Claimants in the FII Group Litigation , paragraph 92 and the case-law cited; and Beker , paragraph 26). | 26 As Community law now stands, the provisions concerning patents have not yet been made the subject of harmonisation at Community level or of an approximation of laws. | 0 |
6,668 | 18 It follows, first, that the subject-matter of the proceedings under Article 226 EC is delimited by the pre-litigation procedure governed by that provision. Accordingly, the application must be based on the same grounds and pleas as the reasoned opinion (see, in particular, Commission v Italy, cited above, paragraph 11). | 33. That is a fortiori true because the applicable Community legislation includes provisions which employ wide and general terms, such as the concept of " swift and adequate compensation" , which lend themselves to diverging interpretations. | 0 |
6,669 | 23
It should be noted, in the first place, that, where an appellant challenges the interpretation or application of EU law by the General Court, the points of law examined at first instance may be raised again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose (judgment of 19 January 2017, Commission v Total and Elf Aquitaine, C‑351/15 P, EU:C:2017:27, paragraph 31 and the case-law cited). | 68. It follows that national support mechanisms for producers of electricity as referred to in Article 4 of Directive 2001/77, which are used inter alia to help Member States achieve their respective national indicative targets, must in principle lead to an increase in national production of green electricity. In that regard, recital 10 in the preamble to that directive states inter alia that Member States are not required to recognise the purchase of a guarantee of origin from other Member States or the corresponding purchase of electricity as a contribution to the fulfilment of a national quota obligation. | 0 |
6,670 | 56. An appellant’s interest in bringing proceedings must be vested and current (see, to that effect, judgments in Commission v Koninklijke FrieslandCampina , C‑519/07 P, EU:C:2009:556, paragraph 65, and Planet v Commission , C‑564/13 P, EU:C:2015:124, paragraph 34). It may not concern a future and hypothetical situation (see, to that effect, judgments in Stroghili v Court of Auditors , 204/85, EU:C:1987:21, paragraph 11, and Cañas v Commission , C‑269/12 P, EU:C:2013:415, paragraphs 16 and 17). | 62
In the second place, a Member State, in the context of its discretion to decide the level of protection of public health and to organise its social security system, may take the view that recourse to voluntary associations is consistent with the social purpose of a medical transport service and may help to control costs relating to that service (see, to that effect, judgment in Azienda sanitaria locale No 5 Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 59). | 0 |
6,671 | 63. The Court has also held, however, that a policy of controlled expansion of gambling activities may be consistent with the objective of channelling them into controlled circuits by drawing gamblers away from clandestine, prohibited betting and gaming to activities which are authorised and regulated. Such a policy may be consistent both with the objective of preventing the use of gambling activities for criminal or fraudulent purposes and with that of preventing incitement to squander money on gambling and of combating addiction to gambling, by directing consumers towards the offer emanating from the holder of the public monopoly, that offer being deemed to be free from criminal elements and designed to safeguard consumers more effectively against squandering of money and addiction to gambling ( Stoß and Others , paragraphs 101 and 102). | 101. In that regard, it should be remembered that, giving its view in relation to the objective pursued by a national legislature consisting in preventing exploitation of gaming activities for criminal or fraudulent purposes, the Court has held that a policy of controlled expansion of the said activities may be consistent with the objective of channelling them into controllable circuits by drawing players away from clandestine, prohibited betting and gaming to activities which are authorised and regulated. In order to achieve that objective, authorised operators must represent a reliable, but at the same time attractive, alternative to a prohibited activity. This may as such necessitate the offer of an extensive range of games, advertising on a certain scale and the use of new distribution techniques (see Placanica and Others , paragraph 55). | 1 |
6,672 | 78
The necessary coherence of the system of judicial protection requires, in accordance with settled case-law, that when the validity of acts of the European Union institutions is raised before a national court or tribunal, the power to declare such acts invalid should be reserved to the Court under Article 267 TFEU (see, to that effect, judgments of 22 October 1987, Foto-Frost, 314/85, EU:C:1987:452, paragraph 17, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 62). The same conclusion is imperative with respect to decisions in the field of the CFSP where the Treaties confer on the Court jurisdiction to review their legality. | 21. In that regard, it is apparent from recitals 2 and 11 in its preamble that Regulation No 44/2001 seeks to unify the rules of conflict of jurisdiction in civil and commercial matters by way of rules of jurisdiction which are highly predictable. | 0 |
6,673 | 9 The Court has consistently held that, in proceedings under Article 177 of the Treaty, it may not rule on the interpretation of national laws or regulations, or assess whether questions referred to it by a national court are relevant (judgment in Case C-347/89 Eurim-Pharm [1991] ECR I-1747, paragraph 16). As the Advocate General has stated at point 8 of his Opinion, it is a matter for the national court to decide on the propriety of an objection that a question in a reference for a preliminary ruling is irrelevant on the ground that it is based on a misinterpretation of national law. | 39 In its defence and at the hearing, the Commission argued that the discipline was intended to avoid increases of production in sectors in which there was already overproduction and excess production capacity. However, there was only excess capacity in the sector of synthetic fibres for textile applications. Yet the Commission also conceded that initially it had stated that the scope of the discipline covered acrylic, polyester and polyamide fibres for either textile or industrial use. Furthermore, at the hearing it admitted, in the light of the wording of the aforementioned 1978 memorandum, that, at that time, the discipline covered all types of fibres. | 0 |
6,674 | 64. The Court has held, with regard to a right to oppose certain decisions to transfer or use as security the assets of companies operating in the oil sector, that the exercise of that right not being qualified by any condition limiting the wide discretion of the minister concerned regarding controls on the identity of the holders of those companies’ assets, the system in question went beyond what was necessary in order to attain the objective pleaded, namely, the prevention of disruption of a minimum supply of petroleum products in the event of a real threat. The Court added that, failing any precise objective criteria in the structure of the system, the legislation in question was disproportionate to the stated objective ( Commission v France , paragraphs 52 and 53). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
6,675 | 53. Thus, according to settled case-law, the national rules establishing the conditions for national qualifications, even when applied in an indiscriminate manner in relation to nationality, may infringe the exercise of those fundamental freedoms if the national rules at issue fail to take account of learning, skills and qualifications already acquired by the person concerned in another Member State (see judgments in, Vlassopolou , C‑340/89, EU:C:1991:193, paragraph 15; Morgenbesser , C‑313/01, EU:C:2003:612, paragraph 62; and Peśla , C‑345/08, EU:C:2009:771, paragraph 36). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,676 | 75 Secondly, it should be recalled that the case which led to the judgment in Kuwait Petroleum, cited above, concerned vouchers offered by a petrol company to consumers with the purchase of a certain quantity of fuel which could be exchanged free of charge for gifts chosen from a special catalogue. The Court held that the offer of such gifts could not be regarded as constituting a rebate or discount under Article 11(A)(3)(b) of the Sixth Directive but was to be deemed to be a supply for valuable consideration and thus a taxable transaction under Article 5(6) of the Sixth Directive (Kuwait Petroleum, paragraphs 16, 17 and 31). Under that provision, the application by a taxable person of goods forming part of his business assets for his private use or that of his staff, or the disposal thereof free of charge, where the value added tax on the goods in question was wholly or partly deductible, are to be treated as supplies made for consideration. | 47. La question de savoir dans quelle mesure un signe protégé dans un État membre confère le droit d’interdire l’utilisation d’une marque plus récente doit être examinée au regard du droit national applicable (voir, en ce sens, ordonnance Tresplain Investments/OHMI, C‑76/11 P, EU:C:2011:790, point 55). À cet égard, il convient de tenir compte, notamment, de la réglementation nationale invoquée et des décisions de justice rendues dans l’État membre concerné. Sur ce fondement, l’opposant doit démontrer que le signe en cause entre dans le champ d’application du droit de l’État membre invoqué et qu’il permet d’interdire l’utilisation d’une marque plus récente (arrêt Anheuser-Busch/Budějovický Budvar, C‑96/09 P, EU:C:2011:189, point 190). | 0 |
6,677 | 45. In that regard, it should be remembered that the principle of proportionality, which is one of the general principles of Community law, requires that measures adopted by Community institutions do not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, for example, Joined Cases C‑133/93, C‑300/93 and C-362/93 Crispoltoni and Others [1994] ECR I‑4863, paragraph 41, and Case C-157/96 National Farmers’ Union and Others [1998] ECR I-2211, paragraph 60). | 59 It is for the national court to ascertain, in the light of the foregoing considerations, whether in the present case the contested condition is actually necessary to ensure road safety and/or protection of the environment, and whether the resulting restriction is not disproportionate to those objectives, particularly in the sense that no other, less restrictive, measures are available. | 0 |
6,678 | 52. Pursuant to Article 300(7) EC (now Article 216(2) TFEU), international agreements concluded by the European Union bind its institutions and consequently prevail over the acts laid down by those institutions (see, to that effect, judgment in Intertanko and Others , EU:C:2008:312, paragraph 42 and the case-law cited). | 31 INDEED , AS THE COURT HAS ALREADY FOUND IN OTHER CONTEXTS , THE FACT THAT CERTAIN PROVISIONS OF THE TREATY ARE FORMALLY ADDRESSED TO THE MEMBER STATES DOES NOT PREVENT RIGHTS FROM BEING CONFERRED AT THE SAME TIME ON ANY INDIVIDUAL WHO HAS AN INTEREST IN THE PERFORMANCE OF THE DUTIES THUS LAID DOWN .
| 0 |
6,679 | 27 The Court has consistently held (Case 106/77 Amministrazione delle Finanze dello Stato v Simmenthal [1978] ECR 629, paragraph 21) that every national court must apply Community law in its entirety and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it. | 41. Second, where a patent protects a product, in accordance with Article 3(c) of Regulation No 469/2009, only one certificate may be granted for that basic patent (see Biogen , paragraph 28). | 0 |
6,680 | 51 As regards the other objectives of the common fisheries policy, suffice it to say that the Court has already ruled that, in pursuing the various objectives of the common agricultural policy set out in Article 39 of the Treaty, the Community institutions must constantly reconcile any conflicts between these objectives taken individually and, where necessary, allow any one of them temporary priority in order to satisfy the demands of the economic factors or conditions in view of which their decisions are made (Case 29/77 Roquette [1977] ECR 1835, paragraph 30). | 28
As to the second criterion, mentioned in paragraph 20 of the present judgment, the Court has consistently held that it is the closeness of the link between a court action and the insolvency proceedings that is decisive for the purposes of deciding whether the exclusion in Article 1(2)(b) of Regulation No 44/2001 is applicable (judgment of 2 July 2009, SCT Industri, C‑111/08, EU:C:2009:419, paragraph 25). | 0 |
6,681 | 26. In that regard, it should be noted that it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or to decide whether the interpretation given by the national court of those provisions is correct (see, in particular, judgments in Corsten , C‑58/98, EU:C:2000:527, paragraph 24; Dynamic Medien , C‑244/06, EU:C:2008:85, paragraph 19; Angelidaki and Others , C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 48; and Samba Diouf , C‑69/10, EU:C:2011:524, paragraph 59). | 77. En effet, la réglementation litigieuse considère, en principe, les héritiers ou les donataires tant résidents que non-résidents comme assujettis aux fins de la perception de droits de succession ou de mutation sur des biens immeubles situés en Espagne. Partant, il n’existe entre un résident et un non-résident aucune différence de situation objective de nature à fonder une différence de traitement (voir, en ce sens, arrêt Schumacker, EU:C:1995:31, point 37). | 0 |
6,682 | 25
It should be pointed out that Directive 2005/29 is intended to establish, in accordance with recitals 5 and 6 in the preamble thereto and Article 1 thereof, uniform rules on unfair business-to-consumer commercial practices in order to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection (judgment of 23 April 2009 in VTB-VAB and Galatea, C‑261/07 and C‑299/07, EU:C:2009:244, paragraph 51). | 59. It must also be observed that the objective of guaranteeing adequate investment in the electricity and gas distribution systems is designed to ensure, inter alia, security of energy supply, an objective which the Court has also recognised as being an overriding reason in the public interest (Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraphs 34 and 35; Case C‑503/99 Commission v Belgium [2002] ECR I‑4809, paragraph 46; and Case C‑174/04 Commission v Italy , paragraph 40). | 0 |
6,683 | 29 In order to determine whether the conditions for the transfer of an entity are met, it is necessary to consider all the facts characterising the transaction in question, including in particular the type of undertaking or business, whether or not its tangible assets, such as buildings and movable property, are transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of its employees are taken over by the new employer, whether or not its customers are transferred, the degree of similarity between the activities carried on before and after the transfer, and the period, if any, for which those activities were suspended. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see, in particular, Spijkers and Süzen, paragraphs 13 and 14 respectively). | 14 In order to determine whether the conditions for the transfer of an entity are met, it is necessary to consider all the facts characterizing the transaction in question, including in particular the type of undertaking or business, whether or not its tangible assets, such as buildings and movable property, are transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of its employees are taken over by the new employer, whether or not its customers are transferred, the degree of similarity between the activities carried on before and after the transfer, and the period, if any, for which those activities were suspended. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see, in particular, Spijkers and Redmond Stichting, paragraphs 13 and 24 respectively). | 1 |
6,684 | 44 Also, the Court indicated in paragraph 65 of Defrenne II that the application of Article 119 was to have been fully secured by the original Member States, including the Federal Republic of Germany, as from 1 January 1962, the beginning of the second stage of the transitional period. It is also clear from paragraph 68 of the same judgment that, even in the areas in which Article 119 has no direct effect, its implementation may if need be derive from a combination of Community and national measures. | 43. The Court has consistently held that for an appellant to have an interest in bringing proceedings the appeal must be capable, if successful, of procuring an advantage to the party bringing it (see, in particular, Case C‑535/06 P Moser Baer India v Council [2009] ECR I‑7051, paragraph 24 and case-law cited). | 0 |
6,685 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 10 IT SHOULD NEXT BE REMEMBERED THAT A PRODUCT SUCH AS HEROIN IS NOT SEIZED AND DESTROYED ONLY BECAUSE THE IMPORTER HAS NOT COMPLIED WITH CUSTOMS FORMALITIES BUT PRIMARILY BECAUSE IT IS A NARCOTIC WHOSE HARMFULNESS IS RECOGNIZED AND WHOSE IMPORTATION AND MARKETING IS PROHIBITED IN ALL THE MEMBER STATES EXCEPT IN TRADE WHICH IS STRICTLY CONTROLLED AND LIMITED TO AUTHORIZED USE FOR PHARMACEUTICAL AND MEDICAL PURPOSES .
| 0 |
6,686 | 27. In interpreting a provision of Community law, it is appropriate to consider its wording as well as the context in which it occurs and the objectives of the rules of which it forms part (see Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23, and Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30). | 54 In view of the foregoing considerations, it must be concluded that Directive 83/189 is to be interpreted as meaning that breach of the obligation to notify renders the technical regulations concerned inapplicable, so that they are unenforceable against individuals. | 0 |
6,687 | 41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51). | 38 In that connection the Court has already observed that the second paragraph of Article 95 of the Treaty is intended to prevent any form of indirect fiscal protectionism affecting imported products which, although not similar, within the meaning of the first paragraph of Article 95, to domestic products, are nevertheless in a competitive relationship with some of them, even if only partially, indirectly or potentially (see the judgment in Case 356/85 Commission v Belgium [1987] ECR 3299, paragraph 7). | 0 |
6,688 | 33 As to the directive's objective, even though it is true that the laying down of emission limit values by the Council is intended to eliminate water pollution caused by List I substances, while the regime prescribed in Article 7 of Directive 76/464 is designed only to establish programmes including quality objectives with a view to reducing pollution, the elimination of pollution, referred to in Article 2 of the directive, is not likely to be brought about merely by laying down the limit values because, in the end, it is entirely dependent on the level at which the values are fixed (see, in that regard, Commission v Germany, cited above, paragraph 39). Therefore, provisionally bringing List I substances under the regime prescribed for List II substances does not derogate from the directive's objective. | 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 |
6,689 | 11. It suffices to point out, in that regard, that according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, inter alia , Case C-148/00 Commission v Italy [2001] ECR I-9823, paragraph 7) and that a Member State cannot rely on provisions, practices or circumstances in its own legal order to justify failure to implement a directive within the prescribed period (see, to that effect, Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 20 and Case C-392/01 Commission v Spain [2002] ECR I-11111, paragraph 9). | 30. Moreover, contrary to the line of argument put forward by the Danish Government, which has submitted observations in these proceedings in support of the Konkurrencerådet’s position in the main proceedings, the fact that the practice of a dominant undertaking may, like the pricing policy in issue in the main proceedings, be described as ‘price discrimination’, that is to say, charging different customers or different classes of customers different prices for goods or services whose costs are the same or, conversely, charging a single price to customers for whom supply costs differ, cannot of itself suggest that there exists an exclusionary abuse. | 0 |
6,690 | 60. Article 10 EC makes it clear that the Member States are required to cooperate in good faith with the enquiries of the Commission pursuant to Article 226 EC, and to provide the Commission with all the information requested for that purpose (see Case C-82/03 Commission v Italy [2004] ECR I‑6635, paragraph 15 and case-law cited). | 32
The Court has also held that rules for determining the notice period applicable in the event of termination of fixed-term employment contracts form part of ‘employment conditions’ within the meaning of Clause 4(1) of the framework agreement (see, to that effect, judgment of 13 March 2014, Nierodzik, C‑38/13, EU:C:2014:152, paragraphs 27 and 29). | 0 |
6,691 | 37. Furthermore, funds which, without being collective investment undertakings within the meaning of the UCITS Directive, display characteristics identical to theirs and thus carry out the same transactions or, at least, display features that are sufficiently comparable for them to be in competition with such undertakings must also be regarded as special investment funds (see, to that effect, judgments in Abbey National , C‑169/04, EU:C:2006:289, paragraphs 53 to 56; JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies , C‑363/05, EU:C:2007:391, paragraphs 48 to 51; Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 24; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 47). | 62. It should be recalled that the fundamental right to property, which includes intellectual property rights such as copyright (see, to that effect, Case C‑479/04 Laserdisken [2006] ECR I‑8089, paragraph 65), and the fundamental right to effective judicial protection constitute general principles of Community law (see respectively, to that effect, Joined Cases C‑154/04 and C‑155/04 Alliance for Natural Health and Others [2005] ECR I‑6451, paragraph 126 and the case-law cited, and Case C‑432/05 Unibet [2007] ECR I‑2271, paragraph 37 and the case-law cited). | 0 |
6,692 | 37. In order to answer those questions, it is necessary first of all to bear in mind that the right of deduction laid down in Article 6(2) of the Sixth Directive, as an integral part of the VAT scheme, is a fundamental principle underlying the common system of VAT and in principle may not be limited (see Joined Cases C‑110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I‑1577, paragraph 43; Case C‑409/99 Metropol and Stadler [2002] ECR I‑81, paragraph 42; and Case C‑465/03 Kretztechnik [2005] ECR I‑4357, paragraph 33). | En se fondant sur l’arrêt du 3 avril 2014, Commission/Pays-Bas et ING Groep (C‑224/12 P, EU:C:2014:213, point 36), les requérantes font valoir que la recapitalisation de Sace BT aurait dû être comparée à celles d’autres opérateurs privés, afin de vérifier si ces dernières recapitalisations avaient été effectuées sur le fondement de projections financières et, le cas échéant, sur quels types de projections financières. Une telle analyse aurait conduit la Commission à conclure à la conformité des troisième et quatrième mesures aux conditions d’applicabilité du critère de l’investisseur privé en économie de marché. | 0 |
6,693 | 117. As regards court proceedings, in the event that the person concerned challenges the lawfulness of the decision to list or maintain the listing of his name in Annex I to Regulation No 881/2002, the review by the Courts of the European Union must extend to whether rules as to procedure and rules as to competence, including whether or not the legal basis is adequate, are observed (see, to that effect, the Kadi judgment, paragraphs 121 to 236; see also, by analogy, the judgment of 13 March 2012 in Case C‑376/10 P Tay Za v Council [2012] ECR I‑0000, paragraphs 46 to 72). | 93 THAT SUBMISSION CANNOT BE UPHELD . NOTIFICATION IS NOT A FORMALITY IMPOSED ON UNDERTAKINGS BUT AN INDISPENSABLE CONDITION FOR OBTAINING CERTAIN BENEFITS . UNDER THE TERMS OF ARTICLE 15 ( 5 ) ( A ) OF REGULATION NO 17 NO FINE MAY BE IMPOSED IN RESPECT OF ACTS TAKING PLACE AFTER NOTIFICATION , PROVIDED THEY FALL WITHIN THE LIMITS OF THE ACTIVITY DESCRIBED IN THE NOTIFICATION . THAT ADVANTAGE ENJOYED BY AN UNDERTAKING WHICH NOTIFIES AN AGREEMENT OR A CONCERTED PRACTICE IS THE COUNTERPART OF THE RISK INCURRED BY THE UNDERTAKING IN ITSELF REPORTING THE AGREEMENT OR CONCERTED PRACTICE . THAT UNDERTAKING IN FACT TAKES THE RISK NOT ONLY OF HAVING THE AGREEMENT OR PRACTICE FOUND TO BE IN BREACH OF ARTICLE 85 ( 1 ) AND OF HAVING THE APPLICATION OF SUBPARAGRAPH ( 3 ) REFUSED BUT ALSO OF BEING PUNISHED BY A FINE FOR ACTS PRIOR TO NOTIFICATION . A FORTIORI , AN UNDERTAKING WHICH DID NOT WISH TO RUN THAT RISK CANNOT CLAIM , ON BEING FINED FOR AN INFRINGEMENT IN RESPECT OF AN AGREEMENT WHICH WAS NOT NOTIFIED , THAT THERE WAS A HYPOTHETICAL POSSIBILITY THAT NOTIFICATION MIGHT HAVE LED TO AN EXEMPTION .
( C ) CONFORMITY OF MELCHERS ' CONDUCT WITH ITS CONTRACTUAL OBLIGATIONS NOTIFIED TO THE COMMISSION | 0 |
6,694 | 32. In so far as that provision of Article 58 EC is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the Member State in which they invest their capital is automatically compatible with the Treaty (see Jäger , paragraph 40; Eckelkamp and Others , paragraph 57; and Arens-Sikken , paragraph 51). | 81. That argument cannot be upheld. | 0 |
6,695 | 51. Lastly, they argue that the General Court did observe the audi alteram partem principle since it gave the parties the opportunity to comment on the application, in the present case, of the case-law stemming from the judgments in Fediol v Commission (EU:C:1989:254) and Nakajima v Council (EU:C:1991:186) during the hearing. In any event, the circumstances of the present case are different to those leading to the judgment in Commission v Ireland and Others (EU:C:2009:742) relied on by the Parliament.
Findings of the Court | 25 It is true that an undertaking whose activity is subject to VAT is entitled to deduct the tax on the services supplied by accountants or legal advisers for the taxable person' s taxable transactions and that if BLP had decided to take out a bank loan for the purpose of meeting the same requirements, it would have been entitled to deduct the VAT on the accountant' s services required for that purpose. However, that is a consequence of the fact that those services, whose costs form part of the undertaking' s overheads and hence of the cost components of the products, are used by the taxable person for taxable transactions. | 0 |
6,696 | 50. The assessment of the similarities between the signs at issue is of a factual nature and, save where the evidence and facts are distorted, is not subject to review by the Court of Justice. Such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (see Case C‑8/95 P New Holland Ford v C ommission [1998] ECR I‑3175, paragraph 72; Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraph 54; Case C‑167/04 P JCB Service v Commission [2006] ECR I‑8935, paragraph 108; and the judgment of 7 May 2009 in Case C‑398/07 P Waterford Wedgwood v Assembled Investments (Proprietary) and OHIM , paragraph 41). | 105. Accordingly, the answer to the fourth question must be that, in circumstances such as those of the main proceedings, the Framework Agreement is to be interpreted as meaning that, in so far as domestic law of the Member State concerned does not include, in the sector under consideration, any other effective measure to prevent and, where relevant, punish the misuse of successive fixed-term contracts, the Framework Agreement precludes the application of national legislation which, in the public sector alone, prohibits absolutely the conversion into an employment contract of indefinite duration of a succession of fixed-term contracts that, in fact, have been intended to cover ‘fixed and permanent needs’ of the employer and must therefore be regarded as constituting an abuse.
Question 1 | 0 |
6,697 | 36. In the present case, since the Commission would, as is apparent from paragraph 22 above, have been entitled to seek a declaration that the French Republic had failed to fulfil its obligations under Article 228(1) EC because it had not, by the date on which the period prescribed in the reasoned opinion expired, made provision for exclusion of suppliers’ liability in any of the cases referred to in Article 3(3) of Directive 85/374, it cannot be criticised for seeking such a declaration with respect to one of those cases only, as a result of the adoption by that Member State of partial measures for compliance with the judgment in Case C‑52/00 Commission v France (see, by analogy, Case C‑174/91 Commission v Belgium [1993] ECR I‑2275, paragraphs 8 to 12). | 77. It follows from the foregoing that, having regard to the arguments put forward by Frucona Košice at first instance, the General Court had to establish, inter alia, whether the available information relating to the duration of a bankruptcy was relevant in the present case for the purposes of an assessment from the point of view of the private creditor test and, if so, whether the Commission took account of it. | 0 |
6,698 | 53. Nevertheless, the heraldic description of the emblem provided by the Court of First Instance in the present case and the assessment of the question whether the trade mark applied for contained an imitation from a heraldic point of view fall outside the scope of the Court’s review. In accordance with Article 225(1) EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal lies on a point of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence therefore do not, save where the facts or evidence are distorted, constitute points of law subject, as such, to review by the Court of Justice on appeal (see, inter alia, Case C‑104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22, and Case C‑25/05 P Storck v OHIM [2006] ECR I‑5719, paragraph 40). | 19 Abuse in the sense of the re-introduction into the Community of the product previously exported cannot exist where the product has undergone substantial and irreversible processing, as a result of which it has ceased to exist as such and a new product, coming under a different tariff heading, has been created. | 0 |
6,699 | 32
It is only quite exceptionally that the Court may, in application of the general principle of legal certainty inherent in the European Union legal order, be moved to restrict the opportunity to rely on a provision which it has interpreted (judgment of 14 April 2015, Manea, C‑76/14, EU:C:2015:216, paragraph 54 and the case-law cited). | 41 In those circumstances, the acceptance of movement certificates not issued by the Republic of Cyprus would constitute, in the absence of any possibility of checks or cooperation, a denial of the very object and purpose of the system established by the 1977 Protocol. | 0 |
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