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6,700 | 27. The Court has already held in Case 46/86 Romkes [1987] ECR 2671, paragraph 17, and confirmed in a series of judgments delivered in 1992, that the requirement of relative stability must be understood as meaning that each Member State is to retain a fixed percentage when fishing opportunities are distributed. The Court added that the distribution formula originally laid down taking account of the quantities taken on average by the fleets of the various Member States during the period from 1973 to 1978 will continue to apply as long as an amending regulation has not been adopted according to the procedure which was followed for Regulation No 170/83 (see, inter alia, Romkes , paragraph 6; Case C‑70/90 Spain v Council [1992] ECR I‑5159, paragraph 15; Case C‑71/90 Spain v Council [1992] ECR I‑5175, paragraph 15; and C‑73/90 Spain v Council [1992] ECR I‑5191, paragraph 28). | 8. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 20 mai 2010, Commission/Espagne, C‑158/09, point 7, et du 24 juin 2010, Commission/Grèce, C‑478/09, point 9). | 0 |
6,701 | 41. As regards the general criteria which were adopted in this instance for the purpose of applying restrictive measures, and for the defining of which the Council has a broad discretion (see, to this effect, judgment in Council v Manufacturing Support & Procurement Kala Naft , C‑348/12 P, EU:C:2013:776, paragraph 120 and the case-law cited), Articles 3(1) and 4(1) of Decision 2011/273, as amended by Decision 2011/522, apply to, amongst others, persons and entities benefiting from or supporting the Syrian regime and persons and entities associated with them, whilst Article 5(1) of Regulation No 442/2011, as amended by Regulation No 878/2011, likewise applies to, amongst others, persons and entities benefiting from or supporting that regime and persons and entities associated with them. | 37. Although the admission condition is applicable without distinction to any undertaking intending to respond to the call for tenders in question, it is for the national court to determine whether that condition may in practice be met more easily by Spanish operators than by those established in another Member State. In such a case, that criterion infringes the principle of non-discriminatory application (see, to that effect, Gambelli and Others , paragraph 71). | 0 |
6,702 | 21. Secondly, the Grand Duchy of Luxembourg cannot rely on the failure of the Commission to take account of its reply to the reasoned opinion, or on the late transmission of that reply to the General Secretariat of the Commission, in order to justify the plea of inadmissibility which it puts forward against the action. The Court has already held that failure to take account of a reply to a reasoned opinion is not decisive. Thus, at paragraph 20 of its judgment in Commission v Netherlands (cited above), the Court held that, even assuming that the contentious procedure was opened by a Commission application which took no account of any new matters of fact or law put forward by the Member State concerned in its reply to the reasoned opinion, that State’s right to a fair hearing had not been infringed. | 22. En deuxième lieu, la Cour a jugé que les notes explicatives de la NC contribuent de façon importante à l’interprétation de la portée des différentes positions tarifaires, sans toutefois avoir force obligatoire de droit (arrêt Digitalnet e.a., C‑320/11, C‑330/11, C‑382/11 et C‑383/11, EU:C:2012:745, point 33 et jurisprudence citée). Dans la mesure où ces notes ont pour objet de faciliter l’interprétation de la NC aux fins du classement tarifaire, il convient de les interpréter de manière à assurer l’effet utile des sous-positions de la NC (voir arrêt Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, point 63). La teneur desdites notes doit dès lors être conforme aux dispositions de la NC et ne saurait en modifier la portée. S’il apparaît qu’elles sont contraires au libellé des positions de la NC et des notes de section ou de chapitre, les notes explicatives de la NC doivent être écartées (voir arrêt JVC France, EU:C:2008:324, point 34 et jurisprudence citée). | 0 |
6,703 | 55. Ainsi qu’il ressort du libellé même de l’article 11 de la directive TVA, il ne peut être fait application de celui-ci qu’après consultation du comité de la TVA (voir, à propos de l’article 4, paragraphe 4, second alinéa, de la sixième directive, arrêt Ampliscientifica et Amplifin, précité, point 18). Cette consultation permet à la Commission et aux autres États membres de contrôler l’utilisation qu’un État membre fait de la possibilité prévue par cette disposition (voir, par analogie, arrêt Stradasfalti, précité, point 28). | 51. In that context, the principle of the protection of legitimate expectations must be applied in accordance with the rules of European Union law (see, by analogy, Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening and Others , paragraph 53). | 0 |
6,704 | 48. In so far as the domestic legal provisions pleaded by the Italian Government were in force when the period set in the reasoned opinion expired, the Court must take them into account when determining whether that obligation has not been fulfilled (see, to this effect, Case C-152/98 Commission v Netherlands [2001] ECR I‑3463, paragraph 21). | 21 Furthermore, it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined as at the end of the period laid down in the reasoned opinion (see, inter alia, Case C-384/97 Commission v Greece [2000] ECR I-3823, paragraph 35). Even if Directive 96/61 and the new framework directive have altered the Community's approach to strategies for combating water pollution, that does not affect the obligations of the Kingdom of the Netherlands as at the end of the period laid down by the reasoned opinion. | 1 |
6,705 | 59. The appellant, as an undertaking in competition with the company benefiting from the measures complained of, is without doubt an interested party for the purposes of Article 88(2) EC (see Commission v Sytraval and Brink’s France , paragraph 41, and Case C‑319/07 P 3F v Commission [2009] ECR I‑5963, paragraph 32), having regard to the definition of that term in Article 1(h) of Regulation No 659/1999. | 32. Nevertheless, as is apparent from paragraphs 27 to 30 of the judgment in Nestlé , the ‘use’ of a mark, in its literal sense, generally encompasses both its independent use and its use as part of another mark taken as a whole or in conjunction with that other mark. | 0 |
6,706 | 57. Next, it must be observed that no appeal was brought against the Gorostiaga judgment before the Court and that consequently its operative part and ratio decidendi became final (Joined Cases C-442/03 P and C-471/03 P P & O European Ferries (Vizcaya) and Diputación Foral de Vizcaya v Commission [2006] ECR I-4845, paragraphs 44 and 47 and the case-law cited). Therefore, whether the sums to be recovered were undue sums and whether the appellant was obliged to reimburse them could not be referred back to the Court of First Instance and examined by it without disregarding the force of res judicata which now applies to the Gorostiaga judgment. | 47. No appeal was lodged against the BAI v Commission judgment, and its operative part and ratio decidendi therefore became final. | 1 |
6,707 | 38. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by-products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances –, provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 32. It follows from Article 2 of the Act concerning the conditions of accession that the measures taken before accession by the institutions bind the new Member States and are applicable in those States as from accession. However, their enforceability against natural and legal persons in those States is subject to the general conditions for the implementation of Community law in the Member States as laid down in the original treaties and, in the case of the new Member States, by the Act concerning the conditions of accession itself. | 0 |
6,708 | 50. In that regard, it should be pointed out that the tax authority does not have the information necessary to determine the amount of the tax chargeable and the deductions to be made until it receives the taxable person’s tax return. In the case of an inaccurate return, or where it turns out to be incomplete, it is therefore only from that time that the authorities can reassess the tax return and, where necessary, recover unpaid tax (see, to that effect, Case C‑85/97 SFI [1998] ECR I‑7447, paragraph 32). | 49 Finally, as regards the argument concerning the objective of rewarding the loyalty of the staff concerned, given the large number of employers covered by Paragraph 26(2) of the VBG, the pay scheme is intended to allow the greatest possible mobility within a group of legally distinct employers and not to reward the loyalty of an employee to a particular employer. | 0 |
6,709 | 25 As the Court has already held, the provisions of the Directive must be interpreted in the light of the fundamental aims of the endeavour to harmonize VAT, in particular the promotion of freedom of movement for persons and goods and the prevention of double taxation (Case 249/84 Profant [1985] ECR 3237, paragraph 25; Case 127/86 Ledoux [1988] ECR 3741, paragraph 11, and Case C-297/89 Ryborg [1991] ECR I-1943, paragraph 13). In particular, account must be taken of the fact that it is stated in the preamble to the Directive that the freedom of movement of Community residents within the Community is hampered by the taxation arrangements applied to the temporary importation of certain means of transport for private or business use, that the elimination of the obstacles resulting from those taxation arrangements is particularly necessary if an economic market having features similar to those of a domestic market is to be established (Ryborg, cited above, paragraph 14). | 14 IT FOLLOWS FROM THE PROVISIONS DISCUSSED ABOVE, TAKEN AS A WHOLE, THAT ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD . | 0 |
6,710 | 16. The information provided in orders for reference must not only be such as to enable the Court to reply usefully but must also give the governments of the Member States and other interested parties the opportunity to submit observations pursuant to Article 23 of the Statute of the Court of Justice. It is the Court’s duty to ensure that the opportunity to submit observations is safeguarded, bearing in mind that, by virtue of the abovementioned provision, only the orders for reference are notified to the interested parties (see, inter alia, Albany , paragraph 40; Case C-145/03 Keller [2005] ECR I‑2529, paragraph 30; and Wilson , paragraph 39). | 29. Secondly, it must be stated that, during the period of short-time working ensuing from that social plan and consequently, foreseeable for the worker in question, the latter is free to rest or to devote himself to recreational and leisure activities. Accordingly, inasmuch as that worker is not subject to physical or psychological constraints caused by an illness, he is in a situation different from that resulting from an inability to work due to his state of health. | 0 |
6,711 | 26. In relation to the aims of the Brussels Convention, it is clear from its preamble that it is intended to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals. It is settled case-law that it is not, however, permissible to achieve that aim by undermining in any way the right to a fair hearing (see, in particular, Case 49/84 Debaecker and Plouvier [1985] ECR 1779, paragraph 10, and Case C-522/03 Scania Finance France [2005] ECR I-0000, paragraph 15). | 30. Thus, that national legislation, by restricting the benefit of a tax exemption only to winnings from games obtained in the Member State at issue, makes the provision of services constituted by the organisation of gambling for remuneration subject to different tax arrangements depending on whether that service is carried out in that Member State or in other Member States (see, to that effect, judgment in Laboratoires Fournier , C‑39/04, EU:C:2005:161, paragraph 15 and case-law cited). | 0 |
6,712 | 31. In that regard, it is appropriate to recall that it is for the national courts to interpret, as far as it is possible, the provisions of national law in such a way that they can be applied in a manner which contributes to the implementation of EU law (judgment in Lucchini , C‑119/05, EU:C:2007:434, paragraph 60). | 18 Consequently, it should be stated in reply to the second part of the second question that the Directive requires each Member State to ensure the protection of a species of bird naturally occurring in the wild state in the European territory of the Member States to which the Treaty applies, even if the natural habitat of the species in question does not occur in the territory of the Member State concerned. | 0 |
6,713 | 34. As is apparent from Case C-118/94 Associazione italiana per il WWF and Others [1996] ECR I-1223, paragraphs 23, 25 and 26, the relevant national legislation applicable must specify the criteria for the derogation in a clear and precise manner and require the authorities responsible for applying them to take account of those criteria. In respect of exceptional arrangements, which must be interpreted strictly and impose on the authority taking the decision the burden of proving that those conditions are present for each derogation, the Member States are required to ensure that all action affecting the protected species is authorised only on the basis of decisions containing a clear and sufficient statement of reasons which refers to the reasons, conditions and requirements laid down in Article 9(1) and (2) of the Directive. | 63
It follows from the above that, unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness, an employer that does not allow a worker to exercise his right to paid annual leave must bear the consequences. | 0 |
6,714 | 64. As regards the fourth part of the plea, the Court of First Instance correctly interpreted the judgment in Spain v Commission , paragraphs 12 to 20, when it stated that the effect of that judgment is that a decision to initiate the procedure for examining State aid produces legal effects as referred to in Article 230 EC. Specific legal consequences flow from the assessment and classification of the aid mentioned and from the choice of procedure which follows from that. By contrast, the mere fact that, by the contested decisions, the Commission made a choice as to the procedure to be undertaken against the appellants and thus excluded other procedures cannot, in itself, be a legal effect for the purposes of that article. | 201. As the Court stated in paragraph 115 of the judgment in Adeneler and Others , where a directive is transposed belatedly, the general obligation owed by national courts to interpret domestic law in conformity with the directive exists only once the period for its transposition has expired (see also the order in Vassilakis and Others , paragraph 63). | 0 |
6,715 | 51. There is such distortion where, without recourse to new evidence, the assessment of the existing evidence appears to be clearly incorrect (Case C‑229/05 P PKK and KNK v Council [2007] ECR I‑439, paragraph 37, and Case C‑413/08 P Lafarge v Commission [2010] ECR I‑5361, paragraph 17). | 63. Such a distinction is incompatible with the broad definition of ‘religion’ given by Article 10(1)(b) of the Directive, which encompasses all its constituent components, be they public or private, collective or individual. Acts which may constitute a ‘severe violation’ within the meaning of Article 9(1)(a) of the Directive include serious acts which interfere with the applicant’s freedom not only to practice his faith in private circles but also to live that faith publicly. | 0 |
6,716 | 58. In that regard, in accordance with the Court’s settled case-law, when the amount of the fine is determined, there cannot, by the application of different methods of calculation, be any discrimination between the undertakings which have participated in an agreement or a concerted practice contrary to Article 81(1) EC (see, to that effect, Case C-280/98 P Weig v Commission [2000] ECR I-9757, paragraphs 63 to 68, and Case C-291/98 P Sarrió v Commission [2000] ECR I-9991, paragraphs 97 to 100). | 46
Freedom of establishment thus covers, in particular, the situation where a company established in a Member State creates a subsidiary in another Member State. The same is true, in accordance with settled case-law, where such a company or a national of a Member State acquires a holding in the capital of a company established in another Member State allowing it or him to exert a definite influence on the company’s decisions and to determine its activities (see, to that effect, judgments of 21 October 2010, Idryma Typou , C‑81/09, EU:C:2010:622, paragraph 47 and the case-law cited, and of 8 November 2012, Commission v Greece , C‑244/11, EU:C:2012:694, paragraph 21 and the case-law cited). | 0 |
6,717 | 97
The Court has also held that the question whether there is an infringement of the rights of the defence, including the right of access to the file, must be examined in relation to the specific circumstances of each case, including the nature of the act at issue, the context of its adoption and the legal rules governing the matter in question (see judgments of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 102, and of 10 September 2013, G. and R., C‑383/13 PPU, EU:C:2013:533, paragraphs 32 and 34). | 48 It follows that doctors and dentists established in other Member States must be afforded all guarantees equivalent to those accorded to doctors and dentists established on national territory, for the purposes of freedom to provide services. | 0 |
6,718 | 30 Furthermore, a retrospective exemption of the kind provided for by the Spanish legislation would be contrary to the purpose of the relevant Community provisions. It is settled case-law that the very wording of Article 28(3)(b) of the Sixth Directive precludes the introduction of new exemptions (Case 73/85 Kerrutt [1986] ECR 2219, paragraph 17, and Case C-74/91 Commission v Germany [1992] ECR I-5437, paragraph 15). | 44. That finding of the General Court is not vitiated by any error of law. In particular, the General Court was correct to interpret the decision in such a way as to refute the reading of recital 376 of the contested decision proposed by Agroexpansión in its reply, to the effect that it was because of the absence of factors indicating the material involvement of the parent companies of Taes in the infringement that the Commission did not attribute liability to those companies, since such a reading was incompatible with a reading of that decision as a whole (see Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 133). | 0 |
6,719 | 42
The purely theoretical possibility of a private operator entering the relevant market, which is not borne out by any matter of fact, any objective evidence or any analysis of the market, cannot be assimilated to the existence of potential competition (judgment of 16 September 2008, Isle of Wight Council and Others, C‑288/07, EU:C:2008:505, paragraph 64). | 27 NEVERTHELESS, THE CONCEPT OF PUBLIC POLICY MUST, IN THE COMMUNITY CONTEXT AND WHERE, IN PARTICULAR, IT IS USED AS A JUSTIFICATION FOR DEROGATING FROM THE FUNDAMENTAL PRINCIPLES OF EQUALITY OF TREATMENT AND FREEDOM OF MOVEMENT FOR WORKERS, BE INTERPRETED STRICTLY, SO THAT ITS SCOPE CANNOT BE DETERMINED UNILATERALLY BY EACH MEMBER STATE WITHOUT BEING SUBJECT TO CONTROL BY THE INSTITUTIONS OF THE COMMUNITY . | 0 |
6,720 | 80. The right provided for in Article 8(2) of Directive 91/439 may be exercised by reason of some conduct of the person concerned after he has obtained a driving licence issued by another Member State (see, to that effect, Wiedemann and Funk , paragraph 59, and Zerche and Others , paragraph 56; orders in Halbritter , paragraph 38, and Kremer , paragraph 35; and the order in Case C‑225/07 Möginger [2008] ECR I‑0000, paragraph 36). | 56. It is, however, to be borne in mind, first, that that right, as it arises from Article 8(2) of Directive 91/439, may be exercised only by reason of some conduct of the person concerned after he has obtained a driving licence issued by another Member State (see, to that effect, the orders in Halbritter , paragraph 38, and Kremer , paragraph 35). | 1 |
6,721 | 46 Secondly, it should be noted that where a Community regulation does not specifically provide for any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive (Case 68/88 Commission v Greece [1989] ECR 2965, paragraphs 23 and 24; Case C-213/99 de Andrade [2000] ECR I-11083, paragraph 19). | 52. En outre, ainsi que la Commission l’a précisé dans ses écrits, le régime d’autorisation préalable instauré par les dispositions du paragraphe 1, second alinéa, de la quatorzième fonction modifiée ne permet pas d’assurer dans tous les cas que la sécurité de l’approvisionnement en énergie soit garantie si une menace réelle et suffisamment grave pour cet approvisionnement surgit après que l’autorisation de l’opération concernée a été délivrée. | 0 |
6,722 | 17. Article 13 of the Sixth Directive nevertheless exempts certain activities from VAT. It is settled case-law that the exemptions referred to in that article constitute independent concepts of EU law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see judgment in Verigen Transplantation Service International , C‑156/09, EU:C:2010:695, paragraph 22 and the case-law cited). | 64. It follows that, in order to establish whether such a practice is abusive, that practice must have an anti-competitive effect on the market, but the effect does not necessarily have to be concrete, and it is sufficient to demonstrate that there is an anti-competitive effect which may potentially exclude competitors who are at least as efficient as the dominant undertaking. | 0 |
6,723 | 84
In that regard, the Court points out that it has previously held that the EU legislature may consider, in the context of its broad discretion in the field of agricultural policy, that full or partial compensation is appropriate for owners of farms on which animals have been destroyed and slaughtered. Nonetheless, the Court considered that the existence, in EU law, of a general principle requiring compensation to be paid in all circumstances cannot be inferred from that fact (see judgment of 10 July 2003, Booker Aquaculture and Hydro Seafood, C‑20/00 and C‑64/00, EU:C:2003:397, paragraph 85). | 15 It should be observed that the use of a related distributor' s resale prices is justified since those prices can rightly be regarded as the prices of the first sale of the product in the ordinary course of trade . Brother markets its products on the domestic market through a distribution company which it controls financially and to which it entrusts tasks that are normally the responsibility of an internal sales department of the manufacturing organization . | 0 |
6,724 | 68. Bearing in mind what was stated in paragraph 66 of the present judgment, the fact that the materials allegedly extracted and/or re-utilised from a database protected by the sui generis right were obtained by its maker from sources not accessible to the public may, according to the amount of human, technical and/or financial resources deployed in collecting the materials at issue from those sources, affect the assessment of whether there has been a substantial investment in the ‘obtaining’ of the material within the meaning of Article 7(1) of Directive 96/9 (see, to that effect, Case 46/02 Fixtures Marketing [2004] ECR I‑10365, paragraphs 34 and 38) and, consequently, influence the classification of the material as a substantial part, evaluated qualitatively, of the contents of the database concerned. | 34. Against that background, the expression ‘investment in … the obtaining … of the contents’ of a database must, as Veikkaus and the German and Netherlands Governments point out, be understood to refer to the resources used to seek out existing independent materials and collect them in the database, and not to the resources used for the creation as such of independent materials. The purpose of the protection by the sui generis right provided for by the directive is to promote the establishment of storage and processing systems for existing information and not the creation of materials capable of being collected subsequently in a database. | 1 |
6,725 | 34. Paragraph 2a(2) of the Law on salaried employees excludes all workers from entitlement to the severance allowance who, upon termination of their employment relationship, are eligible for a State retirement pension. It must therefore be examined whether such an exclusion does not go beyond what is necessary to achieve the objectives pursued (see, to that effect, judgment in Ingeniørforeningen i Danmark , EU:C:2010:600, paragraph 43). | 22 Accordingly, it is necessary to determine the scope of Article 9(2) in the light of its purpose which is set out as follows in the seventh recital in the preamble to the directive:
" ... the determination of the place where taxable transactions are effected has been the subject of conflicts concerning jurisdiction as between Member States, in particular as regards supplies of goods for assembly and the supply of services; ... although the place where a supply of services is effected should in principle be defined as the place where the person supplying the services has his principal place of business, that place should be defined as being in the country of the person to whom the services are supplied, in particular in the case of certain services supplied between taxable persons where the cost of the services is included in the price of the goods". | 0 |
6,726 | 131. Applied to the classification of a measure as State aid, the obligation to state the reasons for a decision requires that the reasons why the Commission considers that the measure in question falls within the scope of Article 87(1) EC be stated. In that regard, according to the case-law, the Commission is not required to establish the existence of a real impact of the aid on trade between Member States and an actual distortion of competition, but only to examine whether that aid is capable of affecting such trade and distorting competition (Case C‑66/02 Italy v Commission [2005] ECR I‑10901, paragraph 111, and Joined Cases C-71/09 P, C‑73/09 P and C-76/09 P Comitato ‘Venezia vuole vivere’ and Others v Commission [2011] ECR I-0000, paragraph 134). Thus, where it is apparent from the circumstances under which an aid was granted that it is liable to affect trade between Member States and to distort or threaten to distort competition, the Commission must set out those circumstances in the statement of reasons for its decision (see inter alia, Case 57/86 Greece v Commission [1988] ECR 2855, paragraph 15; Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 52; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 98; Case C‑334/99 Germany v Commission [2003] ECR I‑1139, paragraph 59; Portugal v Commission , paragraph 89; and Case C-494/06 P Commission v Italy and Wam [2009] ECR I‑3639, paragraph 49). | 95. As the Advocate General observes at point 38 of her Opinion, such indicia and coincidences may provide information not just about the mere existence of anti-competitive practices or agreements, but also about the duration of continuous anti-competitive practices or the period of application of anti-competitive agreements. | 0 |
6,727 | 31
In matters relating to tort, delict and quasi-delict, the courts for the place where the harmful event occurred are usually the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence (see judgments of 25 October 2012 in Folien Fischer and Fofitec, C‑133/11, EU:C:2012:664, paragraph 38; 16 May 2013 in Melzer, C‑228/11, EU:C:2013:305, paragraph 27; 18 July 2013 in ÖFAB, C‑147/12, EU:C:2013:490, paragraph 50; and 21 May 2015 in CDC Hydrogen Peroxide, C‑352/13, EU:C:2015:335, paragraph 40). | 45. Une décision de réaffectation d’un fonctionnaire en service dans un pays tiers affecte sa situation administrative, puisqu’elle en modifie le lieu et les conditions d’exercice des fonctions ainsi que leur nature. Elle peut également avoir une incidence sur la carrière de ce fonctionnaire dans la mesure où elle est susceptible d’exercer une influence sur ses perspectives d’avenir professionnel, certaines fonctions pouvant, à classement égal, conduire mieux que d’autres à une promotion, en raison de la nature des fonctions exercées (voir arrêt du 12 novembre 1996, Ojha/Commission, C-294/95 P, Rec. p. I-5863, point 58). Elle peut, par ailleurs, entraîner une diminution de sa rémunération. | 0 |
6,728 | 35. Third, Article 92(1) of the Treaty only requires the determination of whether, under a particular statutory scheme, a State measure is such as to favour " certain undertakings or the production of certain goods" over others. If so, the measure satisfies the condition of selectivity which defines State aid as laid down by that provision (Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 34, and Case C-409/00 Spain v Commission [2003] ECR I-1487, paragraph 47). | 44. Dès lors, le Tribunal n’a pas commis d’erreur de droit en jugeant, au point 132 de l’arrêt attaqué, s’agissant de l’argument tiré de ce que Bolloré n’aurait pas eu à répondre, dans la première procédure administrative, des agissements de Copigraph, que, en raison de l’unité économique formée par ces sociétés, ces agissements étaient tout autant ceux de Bolloré, cette dernière étant mise en cause pour une infraction qu’elle était censée avoir commise elle-même. En effet, par cette constatation, le Tribunal confirmait l’imputabilité de l’infraction à Bolloré en raison de sa responsabilité, en tant que société détentrice de 100 % du capital de Copigraph, pour la participation de cette dernière à l’entente. | 0 |
6,729 | 58. Moreover, as is apparent from the case-law of the Court of Justice, the legislation of the Union on the co-ordination of national social security legislation, taking account in particular of the underlying objectives, cannot, save in the case of an express exception in conformity with those objectives, be applied in such a way as to deprive a migrant worker or those claiming under him of the enjoyment of benefits granted simply by virtue of the legislation of a Member State (see, to that effect, Case 100/78 Rossi , [1979] ECR 831, paragraph 14; Case 733/79 Laterza [1980] ECR 1915, paragraph 8; Case 807/79 Gravina [1980] ECR 2205, paragraph 7; Case 320/82 D’Amario [1983] ECR 3811, paragraph 4; and Kromhout , paragraph 21). It follows that it would not be in accordance with the said objectives to interpret a provision for preventing overlap, such as Article 10 of Regulation No 574/72, in such a way as to lead to the actual grant of an amount which is less than either of those benefits taken individually (see in particular, by analogy, Rossi , paragraph 14 et seq .; Case 104/80 Beeck [1981] ECR 503, paragraph 12; and Kromhout , paragraph 21). | 51. It must be added that the findings, in the judgment under appeal, relating to the characteristics of the relevant public and to consumers’ degree of attention, perception or attitude also represent appraisals of fact. | 0 |
6,730 | 13. Under that provision, freedom of establishment for nationals of one Member State on the territory of another Member State includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the country where such establishment is effected. The abolition of restrictions on freedom of establishment also applies to restrictions on the setting up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of another Member State (Case 270/83 Commission v France [1986] ECR 273, paragraph 13, and Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 22). | 64. It follows that the grant of VAT exemption must be refused if there is a genuine risk that the exemption may by itself, immediately or in the future, give rise to distortions of competition. | 0 |
6,731 | 37. In that regard, the Court notes that Article 5(3) of Regulation No 44/2001 must be interpreted independently and strictly (judgment in Kolassa , C‑375/13, EU:C:2015:37, paragraph 43). | 28. The Court went on to hold, in paragraph 64 of Il Ponte Finanziaria v OHIM , that no consumer can be expected, in the absence of use of a sufficient number of trade marks capable of constituting a ‘family’ or a ‘series’, to detect a common element in such a family or series and/or to associate with that family or series another trade mark containing the same common element. Accordingly, in order for there to be a likelihood that the public may be mistaken as to whether the trade mark applied for belongs to a ‘family’ or ‘series’, the earlier trade marks which are part of that ‘family’ or ‘series’ must be present on the market. | 0 |
6,732 | 29. As regards, first, the purpose of the exemption at issue, it must be recalled that, so far as gambling is concerned, the Member States are not only free to lay down the conditions and limitations of the exemption provided for in Article 135(1)(i) of Directive 2006/112 ( Fischer , paragraph 25, and Linneweber and Akritidis , paragraph 23), but also have a discretion which allows them to prohibit activities of that kind, totally or partially, or to restrict them and to lay down more or less rigorous procedures for controlling them (Case C-275/92 Schindler [1994] ECR I‑1039, paragraph 61, and Case C-124/97 Läärä and Others [1999] ECR I‑6067, paragraph 35). | 61 Those particular factors justify national authorities having a sufficient degree of latitude to determine what is required to protect the players and, more generally, in the light of the specific social and cultural features of each Member State, to maintain order in society, as regards the manner in which lotteries are operated, the size of the stakes, and the allocation of the profits they yield. In those circumstances, it is for them to assess not only whether it is necessary to restrict the activities of lotteries but also whether they should be prohibited, provided that those restrictions are not discriminatory. | 1 |
6,733 | 37. Consequently, the legislature must have sufficient information at its disposal at the time when the project is adopted. It is apparent from Article 5(3) of and Annex IV to Directive 85/337 that the minimum information to be supplied by the developer is to include a description of the project comprising information on the site, design and size of the project, a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects, and the data required to identify and assess the main effects which the project is likely to have on the environment (see Linster , paragraph 55, and Boxus and Others , paragraph 43). | Cette attribution de la compétence d’exécution au Conseil peut également être justifiée par le fait que c’est cette institution
qui adopte les décisions prises dans le cadre de la politique étrangère et de sécurité commune, par lesquelles des personnes
physiques ou morales, des entités ou des organismes sont inscrits sur la liste des personnes et des entités devant faire l’objet
d’un gel des fonds. Or, de telles décisions ne pourraient être mises à exécution au sein de l’Union, notamment par les établissements
financiers établis dans celle-ci, que si elles sont suivies de l’adoption d’un règlement dans le cadre du traité FUE (arrêt
du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 54). | 0 |
6,734 | 37 In addition, it should be remembered that the requirements flowing from the protection of fundamental rights in the Community legal order are also binding on Member States when they implement Community rules. Consequently, Member States must, as far as possible, apply those rules in accordance with those requirements (Case C-2/92 Bostock [1994] ECR I-955, paragraph 16). | 58. Furthermore, measures taken on grounds of public policy or of public security are to be based exclusively on the personal conduct of the individual concerned. Such measures can thus not be ordered automatically on general preventive grounds following a criminal conviction ( Polat , paragraphs 31 and 35). | 0 |
6,735 | 35. Second, it should also be noted that the right to deduct provided for in Article 17 et seq. of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. The right to deduct is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, in particular, Case C-62/93 BP Soupergaz [1995] ECR I-1883, paragraph 18; Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 43; Case C-437/06 Securenta [2008] ECR I-1597, paragraph 24; and Case C-102/08 SALIX Grundstücks-Vermietungsgesellschaft [2009] ECR I-4629, paragraph 70). Any limitation of the right to deduct VAT affects the level of the tax burden and must be applied in a similar manner in all the Member States. Consequently, derogations are permitted only in the cases expressly provided for in the Sixth Directive (Case C-97/90 Lennartz [1991] ECR I-3795, paragraph 27, and BP Soupergaz , paragraph 18). | 48. In fact, the allowance is intended to ensure the social protection of the workers concerned, making up for the disadvantages entailed by the posting as a result of the workers being removed from their usual environment. | 0 |
6,736 | 40
Making transactions for the supply of such spare parts effected by a taxable dealer subject to VAT would lead to double taxation, in so far as, first, the sale price of those parts necessarily already takes account of input VAT paid at the time of the vehicle’s purchase by a person falling within Article 314(a) of Directive 2006/112 and, secondly, neither that person nor the taxable dealer was able to deduct that amount (see judgment of 3 March 2011, Auto Nikolovi, C‑203/10, EU:C:2011:118, paragraph 48 and the case-law cited). | 17 The same consideration applies where a national of a Member State has obtained in another Member State a university qualification which supplements his basic education and training and of which he intends to make use after he returns to his country of origin. | 0 |
6,737 | 77
In accordance with that case-law, ascertaining which elements of a matter must be categorised as ‘essential’ is not for the assessment of the EU legislature alone, but must be based on objective factors amenable to judicial review. Account must be taken of the characteristics and particular features of the field concerned (judgments of 5 September 2012, Parliament v Council, C‑355/10, EU:C:2012:516, paragraphs 67 and 68, and of 22 June 2016, DK Recycling und Roheisen v Commission, C‑540/14 P, EU:C:2016:469, paragraph 48 and the case-law cited). | 57. On the other hand, those rights may be infringed where, during their placement under a suspensive procedure in the customs territory of the European Union, or even before their arrival in that territory, goods coming from non-member States are the subject of a commercial act directed at European Union consumers, such as a sale, offer for sale or advertising (see Class International , paragraph 61, and Case C‑324/09 L’Oréal and Others [2011] ECR I‑0000, paragraph 67). | 0 |
6,738 | 71. The applicant cannot require the Court to substitute its own assessment for that of the Court of First Instance in that regard. It is settled case-law that the effect of Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice is that an appeal lies on points of law only. The Court of First Instance thus has exclusive jurisdiction to find and appraise the relevant facts and assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts and evidence are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 41, and Rossi v OHIM , paragraph 26). | 42 Admittedly, as the Swedish Government has pointed out, Regulation No 1408/71 does not expressly cover family situations following a divorce. However, contrary to that Government's argument, there is nothing to justify the exclusion of such situations from the scope of Regulation No 1408/71. | 0 |
6,739 | 64. According to settled case-law, the adoption of rules essential to the subject-matter envisaged is reserved to the legislature of the European Union (see, to that effect, Germany v Commission , paragraph 36; Case C-104/97 P Atlanta v European Community [1999] ECR I-6983, paragraph 76; and C-356/97 Molkereigenossenschaft Wiedergeltingen [2000] ECR I-5461, paragraph 21). The essential rules governing the matter in question must be laid down in the basic legislation and may not be delegated (see, to that effect, Case C-156/93 Parliament v Commission [1995] ECR I-2019, paragraph 18; Parliament v Council , paragraph 23; Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 34; and Case C-133/06 Parliament v Council [2008] ECR I-3189, paragraph 45). | 29. L’intervention des juridictions nationales résulte de l’effet direct reconnu à l’interdiction de mise à exécution des projets d’aide édictée à l’article 108, paragraphe 3, dernière phrase, TFUE. À cet égard, la Cour a précisé que le caractère immédiatement applicable de l’interdiction de mise à exécution visée à cette disposition s’étend à toute aide qui aurait été mise à exécution sans être notifiée (arrêts Lorenz, précité, point 8; du 21 novembre 1991, Fédération nationale du commerce extérieur des produits alimentaires et Syndicat national des négociants et transformateurs de saumon, ci-après l’«arrêt FNCE», C‑354/90, Rec. p. I‑5505, point 11, ainsi que SFEI e.a., précité, point 39). | 0 |
6,740 | 33. With regard to objective justification of such a restriction, it is to be borne in mind that the Court has on several occasions held that planning requirements relating, on the one hand, to the object of ensuring sufficient and permanent access to a balanced range of high-quality treatment in the Member State concerned and, on the other, to the wish to control costs and avoid, so far as possible, any waste of financial, technical and human resources may justify the requirement of prior authorisation for financial responsibility on the part of the competent institution for treatment proposed in another Member State (see, to that effect, Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81, and Watts , paragraphs 108 to 110). | 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 |
6,741 | 79
The Republic of Bulgaria contends that, as regards the complaint alleging an infringement of Article 23(1) of Directive 2008/50, the form of order sought in the application indicates not a period during which that infringement occurred, but only that there was a failure to fulfil obligations and that that ‘infringement is still continuing’. Consequently, as for the first complaint, the Commission does not satisfy the requirements of coherence, clarity and precision set out by the Court, in particular in the judgment of 15 November 2012, Commission v Portugal (C‑34/11, EU:C:2012:712, paragraphs 46 to 48). | 47. In those circumstances, only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94 (see, in particular, Mag Instrument v OHIM , paragraph 31; Deutsche SiSi-Werke v OHIM , paragraph 31, and Storck v OHIM , paragraph 28). | 0 |
6,742 | 35. In addition, the Court has also held that Article 6(b) of Directive 2003/88 has direct effect in the sense that it confers on individuals rights upon which they are entitled to rely directly before the national courts ( Pfeiffer and Others , paragraphs 103 to 106, and Fuß , paragraphs 56 to 59). | 94. Or, il ressort de la jurisprudence de la Cour qu’un acte en matière d’aides d’État, quelle que soit sa forme, constitue une décision lorsque, compte tenu de sa substance et de l’intention de la Commission, celle-ci a définitivement fixé par cet acte, au terme de la phase préliminaire d’examen, sa position sur la mesure en cause et, partant, lorsqu’elle a conclu que celle-ci constituait ou non une aide, qu’elle ne suscitait pas de doutes quant à sa compatibilité avec le marché commun ou qu’elle suscitait de tels doutes (voir, en ce sens, arrêt Athinaïki Techniki/Commission, précité, point 46). | 0 |
6,743 | 32. According to the case-law of the Court, the fundamental rights which form an integral part of the general principles of EU law include the general principle of non-discrimination. That principle is therefore binding on Member States where the national situation at issue in the main proceedings falls within the scope of EU law (see, to that effect, judgment in Chacón Navas , C‑13/05, EU:C:2006:456, paragraph 56). | 67. It follows that, contrary to what the appellant alleges, the Court of First Instance found that the limitation on re-exports, which was the objective pursued by the appellant, also resulted from the business conduct of the Italian dealers and that this conduct was influenced by the appellant, it being, furthermore, common ground that the means employed for that purpose, in particular the restricted supply of vehicles, resulted from clauses in the dealership contract and had thus received the agreement of the dealers. | 0 |
6,744 | 45. By contrast, concerning the warehousekeeper such as in the present case TOP Logistics, it must be held that its provision of a warehouse service for goods bearing another’s trade mark does not constitute use of a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered. Inasmuch as such a service provider permits such use by its customers, its role cannot be assessed under Directive 89/104 but must be examined, if necessary, from the point of view of other rules of law (see, by analogy, judgment in Frisdranken Industrie Winters , C‑119/10, EU:C:2011:837, paragraphs 28 to 35). | 30. It must be stated that a service provider who, in circumstances such as those in the main action, merely fills, under an order from and on the instructions of another person, cans already bearing signs similar to trade marks and therefore merely executes a technical part of the production process of the final product without having any interest in the external presentation of those cans and in particular in the signs thereon, does not itself ‘use’ those signs within the meaning of Article 5 of Directive 89/104, but only creates the technical conditions necessary for the other person to use them. | 1 |
6,745 | 13 In Neckermann Versand, the Court stated in paragraph 7 that in the absence of a definition of `pyjamas' in the Combined Nomenclature in force in 1988 and 1989, in the versions resulting from Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), and from Regulation No 3174/88, as well as from the Explanatory Notes to the Combined Nomenclature and the Harmonized System, the objective characteristic of pyjamas, which was capable of distinguishing it from all other ensembles, could be sought only in the use for which pyjamas were intended, that is to say to be worn in bed as nightwear. | 89. The Court has explained that the transposition of Community legislation into national law does not necessarily require the relevant provisions to be enacted in precisely the same words in a specific express legal provision and that a general legal context may be sufficient for the purpose if it actually ensures the full application of the directive in a sufficiently clear and precise manner (see, inter alia, Case 252/85 Commission v France [1988] ECR 2243, paragraph 5). | 0 |
6,746 | 30. According to settled case-law, it is apparent from a consideration of the provisions of that section, in the light of the documents leading to their enactment that, in affording the insured a wider range of jurisdiction than that available to the insurer and in excluding any possibility of a clause conferring jurisdiction for the benefit of the insurer, they reflect an underlying concern to protect the insured, who in most cases is faced with a predetermined contract the clauses of which are no longer negotiable and is the weaker party economically (Case 201/82 Gerling and Others [1983] ECR 2503, paragraph 17, and Case C-412/98 Group Josi [2001] ECR I-5925, paragraph 64). | 3 Nashua Corporation is an original equipment manufacturer ( hereinafter : "OEM "), that is to say, a company supplying under its own brand name products manufactured by other undertakings . It purchases plain paper photocopiers in Japan from the Japanese manufacturer Ricoh Company Limited ( hereinafter : "Ricoh ") and sells them under the Nashua brand name in the Community, through its subsidiary companies, and in many non-member countries . | 0 |
6,747 | 61. It must be observed here that an increase in the commercial activity of an operator who has been granted exclusive rights in the field of games of chance and a substantial increase in the income received from those games require particular attention in the examination of whether the legislation at issue is consistent and systematic, and hence whether it is appropriate for pursuing the objectives recognised by the Court’s case-law. According to that case-law, the financing of activities in the public interest by means of income from games of chance must not be the real aim of a restrictive policy in that sector, but can only be regarded as an incidental beneficial consequence (see, inter alia, Case C‑275/92 Schindler [1994] ECR I‑1039, paragraphs 57 and 60; Case C‑124/97 Läärä and Others [1999] ECR I‑6067, paragraphs 32 and 37; Case C‑67/98 Zenatti [1999] ECR I‑7289, paragraphs 35 and 36; and Gambelli and Others , paragraphs 61 and 62). | 39. However, Directive 2005/85 applies to applications for subsidiary protection only where a Member State establishes a single procedure under which an application is examined by reference to both forms of international protection, namely asylum and subsidiary protection (Case C‑277/11 M. EU:C:2012:744, paragraph 79). | 0 |
6,748 | 27 As the Court has already held, the scheme underlying all the Community provisions authorizing the MMBs is based on the principle that their activities should be subject to very strict control (judgment in Case 23/84 Commission v United Kingdom [1986] ECR 3581, paragraph 40). That obligation to exercise control is particularly important since there are five separate bodies responsible for the implementation of those marketing schemes. | 30. By its first question, the national court asks, essentially, whether the concept of ‘reproduction in part’ within the meaning of Directive 2001/29 is to be interpreted as meaning that it encompasses the storing and subsequent printing out on paper of a text extract consisting of 11 words. | 0 |
6,749 | 26. As the Advocate General stated in points 72 and 73 of his Opinion, it is apparent from settled case-law that a national of a Member State, who pursues a professional activity on a stable and continuous basis in another Member State, comes under the chapter of the EC Treaty relating to the right of establishment and not that relating to services (see, inter alia, Case 2/74 Reyners [1974] ECR 631, paragraph 21, and Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 28). | 28 However, that situation is to be distinguished from that of Mr Gebhard who, as a national of a Member State, pursues a professional activity on a stable and continuous basis in another Member State where he holds himself out from an established professional base to, amongst others, nationals of that State. Such a national comes under the provisions of the chapter relating to the right of establishment and not those of the chapter relating to services. | 1 |
6,750 | 42. With regard to respect for the acquired rights and the protection of the legitimate expectations of civil servants favoured by the previous system with regard to their remuneration, it should be noted that these constitute legitimate employment-policy and labour-market objectives which can justify, for a transitional period, the maintenance of earlier pay and, consequently, the maintenance of a system that discriminates on the basis of age (see, to that effect, judgment in Hennigs and Mai , C‑297/10 and C‑298/10, EU:C:2011:560, paragraphs 90 and 92). | 41. Consequently, the manufacturing processes of a product are decisive only when a tariff heading expressly so provides (see Weber , paragraph 15). | 0 |
6,751 | 36 The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers (see Webb, cited above, paragraph 19, Joined Cases 62/81 and 63/81 Seco v EVI [1982] ECR 223, paragraph 14, and Case C-113/89 Rush Portuguesa [1990] ECR I-1417, paragraph 18), and in particular the social protection of workers in the construction industry (Guiot, paragraph 16). | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 0 |
6,752 | 34. It is true that, in accordance with Articles 167 and 63 of Directive 2006/112, the right to deduct VAT invoiced is linked, as a general rule, to the actual performance of a taxable transaction (see Case C-536/03 António Jorge [2005] ECR I-4463, paragraphs 24 and 25) and the exercise of that right does not extend to VAT which is payable, under Article 203 of the directive, solely because it is entered on the invoice (see, inter alia, Case C-342/87 Genius [1989] ECR 4227, paragraphs 13 and 19, and Case C-35/05 Reemtsma Cigarettenfabriken [2007] ECR I-2425, paragraph 23). | 37 The financial consequences which might ensue for a Member State from a preliminary ruling have never in themselves justified limiting the temporal effect of such a ruling (see, in particular, the judgment of 11 August 1995 in Joined Cases C-367/93 to C-377/93 Roders and Others, not yet published in the ECR, at paragraph 48). Furthermore, the burden of proof normally lies on the person relying on the facts alleged, so that any difficulties which a claimant might have in this regard would in any event be prejudicial to his case. | 0 |
6,753 | 30 Regulation No 4055/86, adopted on the basis of Article 84(2) of the Treaty, lays down measures for the application in the maritime transport sector of the principle of freedom to provide services laid down in Article 59 of that Treaty. Moreover, the Court held to that effect by ruling that Article 1(1) of that regulation defines the beneficiaries of freedom to provide maritime transport services between Member States and between Member States and third countries in terms which are substantially the same as those in Article 59 of the Treaty (Case C-381/93 Commission v France [1994] ECR I-5145, paragraph 10). | 190 It follows that the complaint must be rejected.
- Infringement of the principle that decisions are to be adopted within a reasonable time on account of the duration of the administrative procedure | 0 |
6,754 | 27. As is confirmed by the second subparagraph of Article 22(2) of Regulation No 1408/71, the sole purpose of Article 22(1)(c)(i) of that regulation is to confer on the insured person granted authorisation by the competent institution the right to have access to ‘treatment’ in another Member State on conditions for reimbursement as favourable as those enjoyed by patients covered by the legislation of that other State (see Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraph 32; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 21; and Case C‑372/04 Watts [2006] ECR I-0000, paragraph 135). | 19. Il convient de rappeler à cet égard que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9, et du 30 juin 2009, Commission/Belgique, C‑490/08, point 8). | 0 |
6,755 | 111. The Court has also consistently held that national rules which place on the taxable person the burden of proving that the charge was not passed on to third parties, which amounts to requiring negative proof, or which establish a presumption that the charge has been passed on to third parties, are not consistent with Community law (see, in particular, San Giorgio , paragraph 14; Dilexport , paragraph 54; and Michaïlidis , paragraphs 36 to 38). | 38 Therefore, if under national law it were for Mikhailidis to show, as the IKA and the Greek Government maintain should be the case, that the disputed charge caused an increase in the price of the products and a reduction in the volume of exports, the provisions in question would have to be considered contrary to Community law (see, to that effect, Dilexport, paragraph 52). | 1 |
6,756 | 28. However, the Court has also accepted that a non-resident taxpayer, whether employed or self-employed, who receives all or almost all of his income in the State where he works is objectively in the same situation so far as concerns income tax as a resident of that State who does the same work there. Both are taxed in that State alone and their taxable income is the same (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 20). | 58 Although, as regards the division of jurisdiction between the Community judicature and national courts, it is in principle for the national court to determine whether those conditions are fulfilled in the case pending before it, the Court, when giving a preliminary ruling, may, where appropriate, provide clarification to guide the national court in its interpretation. | 0 |
6,757 | 19. In that regard, it is apparent from the case-law that it is in particular a taxable person’s intention, confirmed by objective evidence, to use an item or a service for business purposes which makes it possible to determine whether, at the time when he carries out the input transaction, the taxable person is acting as such and must therefore be entitled to deduct the VAT payable or paid in respect of that item or services (see, to that effect, Lennartz , paragraph 8 and Case C-400/98 Breitsohl [2000] ECR I-4321, paragraph 34). | 34 In that respect, it should be recalled that a person who has the intention, confirmed by objective evidence, to commence independently an economic activity within the meaning of Article 4 of the Sixth Directive and who incurs the first investment expenditure for those purposes must be regarded as a taxable person. Acting in that capacity, he has therefore, in accordance with Article 17 et seq. of the Sixth Directive, the right immediately to deduct the VAT payable or paid on the investment expenditure incurred for the purposes of the transactions which he intends to carry out and which give rise to the right to deduct, without having to wait for the actual exploitation of his business to begin (Case C-37/95 Belgian State v Ghent Coal Terminal [1998] ECR I-1, paragraph 17; Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others v AEAT [2000] ECR I-0000, paragraph 47). | 1 |
6,758 | 36. In this respect, in accordance with the principle of loyal cooperation now enshrined in Article 4(3) TEU, the detailed procedural rules governing actions for safeguarding an individual’s rights under European Union law must be no less favourable than those governing similar domestic actions (principle of equivalence) and must not render impossible in practice or excessively difficult the exercise of rights conferred by European Union law (principle of effectiveness) (see, in particular, to that effect, Case 33/76 Rewe-Zentralfinanz and Rewe‑Zentral [1976] ECR 1989, paragraph 5; Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12; and Case C-416/10 Križan and Others [2013] ECR I-0000, paragraph 85). | 33. It follows from paragraphs 46 and 47 of the judgment in Klarenberg (C‑466/07, EU:C:2009:85) that what is relevant for the purpose of finding that the identity of the transferred entity has been preserved is not the retention of the specific organisation imposed by the employer on the various elements of production which are transferred, but rather the retention of the functional link of interdependence and complementarity between those elements. | 0 |
6,759 | 82. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by that provision on the permitted exceptions to the principle of freedom of establishment, so as to ensure that the effectiveness of the Treaty in the field of freedom of establishment is not frustrated by unilateral provisions of the Member States (see, to that effect, Reyners , paragraph 50; Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35). | 36. Ainsi que le confirme le considérant 5 de la directive 2003/4, en adoptant cette directive, le législateur de l’Union a entendu assurer la compatibilité du droit de l’Union avec cette convention en vue de sa conclusion par la Communauté en prévoyant un régime général tendant à garantir que toute personne physique ou morale d’un État membre ait un droit d’accès aux informations environnementales détenues par les autorités publiques ou pour le compte de celles-ci sans que cette personne soit obligée de faire valoir un intérêt (arrêt Flachglas Torgau, précité, point 31). | 0 |
6,760 | 35
In that connection, the Court has already held that the Visa Code governs the conditions for issuing, annulling and revoking uniform visas and, therefore, the competent authorities of the Member States cannot refuse to issue a uniform visa by relying on a ground not provided for in that code (judgment of 19 December 2013, Koushkaki, C‑84/12, EU:C:2013:862, paragraphs 47 and 51). | 89. Nor can a trader claim that he has a vested right or even a legitimate expectation as to the maintenance of an existing situation which is capable of being altered by decisions taken by Community institutions in the exercise of their discretion (Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 27; Case C‑350/88 Delacre and Others v Commission [1990] ECR I‑395, paragraphs 33 and 34, and Case C-280/93 Germany v Council , cited above, paragraph 89). That is a fortiori the case where the existing situation has to be altered in order to comply with the obligations arising from international agreements concluded by the Community. | 0 |
6,761 | 27. In the absence of EU legislation, it is for the internal legal order of each Member State to lay down the conditions in which such interest must be paid, particularly the rate of that interest and its method of calculation (simple or ‘compound’ interest). Those conditions must comply with the principles of equivalence and effectiveness; that is to say that they must not be less favourable than those concerning similar claims based on provisions of national law or arranged in such a way as to make the exercise of rights conferred by the EU legal order practically impossible (see, to that effect, San Giorgio , paragraph 12; Weber’s Wine World , paragraph 103; and Case C-291/03 MyTravel [2005] ECR I-8477, paragraph 17). | 282. That upper limit thus has a distinct and autonomous objective by comparison with the criteria of gravity and duration of the infringement. | 0 |
6,762 | 61. Furthermore, the mere assertion that the residence condition is the best way of ensuring that the tax obligations incumbent on the tax representative are performed effectively is irrelevant. It is true that the supervision of such a representative by the tax authorities of a Member State may prove to be more difficult where that representative is in another Member State. However, it is clear from the case-law of the Court that administrative difficulties do not constitute a ground that can justify a restriction on a fundamental freedom guaranteed by EU law (see, to that effect, judgments in Commission v France , C‑334/02, EU:C:2004:129, paragraph 29; Papillon , C‑418/07, EU:C:2008:659, paragraph 54; and van Caster , EU:C:2014:2269, paragraph 56). | 15 It must first be observed in that regard that the German rules on insurance neither require nor favour the conclusion of any unlawful agreement, decision or concerted practice by insurance intermediaries, since the prohibition which they lay down is a self-contained one. | 0 |
6,763 | 74. Accordingly, the Court has accepted that a requirement of prior authorisation may, under certain conditions, be justified by such a consideration in the context of hospital care (see, inter alia, Smits and Peerbooms , paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81; and Watts , paragraphs 108 to 110) and in the context of medical care which, although it may be provided outside a hospital setting, requires the use of major and costly equipment exhaustively listed in the national legislation (see, to that effect, Commission v France , paragraphs 34 to 42). | 19. The common framework which Directive 97/13 seeks to establish would be rendered redundant if Member States were free to establish the financial charges to be borne by undertakings in the sector. Accordingly, Member States may not levy any fees or charges in relation to authorisation procedures other than those provided for by that directive (Cases C-339/04 Nuova società di telecomunicazioni [2006] ECR I-6917, paragraph 35, and Telefónica Móviles España, paragraph 21). | 0 |
6,764 | 46. In contrast, the holding, even a minority holding, of a private undertaking in the capital of a company in which the contracting authority in question also has a holding too means that, on any view, it is impossible for that contracting authority to exercise over that company control similar to that which it exercises over its own departments (see, to that effect, Stadt Halle and RPL Lochau , paragraph 49, and Coditel Brabant , paragraph 30). | 46. Secondly, whilst Article 12(1)(d) of the Rome I Regulation states that prescription and limitation of actions are governed by ‘the law applicable to a contract’, it must be held that those provisions do not apply to actions to set transactions aside falling within Articles 4 and 13 of Regulation No 1346/2000. Those articles constitute a lex specialis in relation to the Rome I Regulation and must be interpreted in the light of the objectives pursued by Regulation No 1346/2000. | 0 |
6,765 | 39 In this context, it must be emphasised that it is for the Commission to prove that an infringement of the rules on the common organisation of the agricultural markets has occurred (see Cases C-281/89 Italy v Commission [1991] ECR I-347, paragraph 19; C-55/91 Italy v Commission [1993] ECR I-4813, paragraph 13, and C-253/97 Italy v Commission, cited above, paragraph 6). The Commission is therefore obliged to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question (Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23). | 27. The Court has, however, held that, in view of the variety of operations which may be described as assembly, there are situations where consideration on the basis of technical criteria may not be decisive in determining the origin of goods. In such cases it is necessary to take account of the value added by the assembly as an ancillary criterion ( Brother International , paragraph 20). | 0 |
6,766 | 19. According to the Court’s case-law, where a transaction comprises a bundle of features and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, firstly, if there were two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of services (see, to that effect, Case C‑231/94 Faaborg‑Gelting Linien [1996] ECR I‑2395, paragraphs 12 to 14, and CPP , paragraphs 28 and 29). | 54. The purpose of that duty is, first, to enable the persons concerned to ascertain the reasons for the measure so that they can assess whether it is well founded and, secondly, to enable the competent court to exercise its power of review (see, to that effect, Joined Cases C‑346/03 and C‑529/03 Atzeni and Others [2006] ECR I‑1875, paragraph 73, and C‑370/07 Commission v Council [2009] ECR I‑0000, paragraph 37). | 0 |
6,767 | 41. On the other hand, the position is different if the services are in fact supplied in that other Member State. Such a situation is contrary to the objective of the provisions of the VAT Directive determining the place where supplies of services are taxed, which is to avoid, first, conflicts of jurisdiction which may result in double taxation and, secondly, non-taxation (see, to this effect, judgment in Welmory , C‑605/12, EU:C:2014:2298, paragraph 42). Furthermore, such a situation, in that it results in VAT due in a Member State being avoided, is contrary both to the obligation of the Member States, which stems from Article 4(3) TEU, Article 325 TFEU and Articles 2, 250(1) and 273 of the VAT Directive, to take all legislative and administrative measures appropriate for ensuring collection of all the VAT due on their territory and for preventing evasion and to the principle of fiscal neutrality inherent in the common system of VAT, according to which economic operators carrying out the same transactions must not be treated differently in relation to the levying of VAT (see, to this effect, judgments in Commission v Italy , C‑132/06, EU:C:2008:412, paragraphs 37, 39 and 46; Belvedere Costruzioni , C‑500/10, EU:C:2012:186, paragraphs 20 to 22; and Åkerberg Fransson , C‑617/10, EU:C:2013:105, paragraphs 25 and 26). | 32. Against that background, the question whether the relationship of control at issue influenced the respective content of the tenders submitted by the undertakings concerned in the same public procurement procedure requires an examination and assessment of the facts which it is for the contracting authorities to carry out. A finding of such influence, in any form, is sufficient for those undertakings to be excluded from the procedure in question. However, a mere finding of a relationship of control between the undertakings concerned, by reason of ownership or the number of voting rights exercisable at ordinary shareholders’ meetings is not sufficient for the contracting authority to automatically exclude those undertakings from the procedure for the award of the contract, without ascertaining whether such a relationship had a specific effect on their conduct in the course of that procedure. | 0 |
6,768 | 23. However, the fact remains that, as far as the exercise of the power of taxation so allocated is concerned, the Member States may not disregard Community rules (see Saint-Gobain , paragraph 58, and Denkavit Internationaal and Denkavit France , paragraph 44). In particular, such an allocation of fiscal jurisdiction does not permit Member States to introduce discriminatory measures which are contrary to the Community rules (Bouanich, paragraph 50, and Denkavit Internationaal and Denkavit France , paragraph 44). | 56. À titre liminaire, il y a lieu de rappeler que l’Union est une Union de droit dans laquelle ses institutions sont soumises au contrôle de la conformité de leurs actes, notamment, avec les traités, les principes généraux du droit ainsi que les droits fondamentaux (arrêt Inuit Tapiriit Kanatami e.a./Parlement et Conseil, précité, point 91). | 0 |
6,769 | 25. Moreover, it follows from that case-law that the Court may decline to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the 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 PreussenElektra , paragraph 39; Canal Satélite Digital , paragraph 19; Adolf Truley , paragraph 22; and Korhonen and Others , paragraph 20). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,770 | 34. Article 5(2) of Directive 89/104 establishes, for the benefit of trade marks with a reputation, a wider form of protection than that laid down in Article 5(1). The specific condition of that protection consists of a use without due cause of a sign identical with or similar to a registered mark which takes or would take unfair advantage of, or is or would be detrimental to, the distinctive character or the repute of the earlier mark (see, to that effect, Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 36; Case C-408/01 Adidas-Salomon and Adidas Benelux [2003] ECR I-12537, paragraph 27; and Case C-102/07 adidas and adidas Benelux [2008] ECR I-2439, paragraph 40; together with, as regards Article 4(4)(a) of Directive 89/104, Case C-252/07 Intel Corporation [2008] ECR I-0000, paragraph 26). | 68. It thus appears that management and the workers, in pursuing the legitimate objective of a fair distribution of limited financial resources allocated to a social plan which is proportionate to the needs of the workers concerned, omitted to take account of relevant factors affecting, in particular, severely disabled workers. | 0 |
6,771 | 47. A difference in treatment is justified if it is based on an objective and reasonable criterion, that is, if the difference relates to a legally permitted aim pursued by the legislation in question, and it is proportionate to the aim pursued by the treatment (see, to that effect, Case 114/76 Bela-Mühle Bergmann [1977] ECR 1211, paragraph 7; Case 245/81 Edeka Zentrale [1982] ECR 2745, paragraphs 11 and 13; Case C‑122/95 Germany v Council [1998] ECR I‑973, paragraphs 68 and 71; and Case C‑535/03 Unitymark and North Sea Fishermen’s Organisation [2006] ECR I‑2689, paragraphs 53, 63, 68 and 71). | 52. In that light, the fact that the dispute was not referred to the Association Committee cannot be used as a justification to derogate from the system of cooperation and not to respect the powers as allocated under the Association Agreement. | 0 |
6,772 | 20. As regards point 4(b) of chapter I of Annex A to Directive 85/73, it must be borne in mind, first, that that provision makes available to the Member States an option which they may exercise generally and at their own discretion, provided only that the fee does not exceed the actual costs incurred (see Feyrer , paragraph 27). | 84 Similarly, the Austrian Government's argument that any comparison between vehicles with more than three axles and those with up to three axles would be inappropriate since the former, by reason of their greater weight and more powerful engines, are more detrimental to the environment, cannot be accepted. | 0 |
6,773 | 55. Moreover, the principle that the application of national law must not hinder the application or the effectiveness of Community law requires that the interests of the Community must be taken fully into consideration in the application of provisions such as Articles 4.49 and 4.57 of the AWB, which, according to the national court, give the national administrative authorities a discretionary power to recover sums unduly paid and which permit the recipient of such sums to rely, in their defence, on the principle of the protection of legitimate expectations (see, to that effect, Deutsche Milchkontor and Others , cited above, paragraph 32; Joined Cases C‑80/99 to C‑82/99 Flemmer and Others , cited above, paragraph 61; and Huber , cited above, paragraph 57). | 28. To those ends, Article 3(1) of the First Directive, as amplified and supplemented by the Second and Third Directives, requires the Member States to ensure that civil liability in respect of the use of motor vehicles normally based in their territory is covered by insurance, and specifies, inter alia, the types of damage and the third parties who have been victims of an accident to be covered by that insurance (see, to that effect, Case C‑348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I‑6711, paragraphs 25 to 27, and Case C‑484/09 Carvalho Ferreira Santos [2011] ECR I‑0000, paragraphs 25 to 27). | 0 |
6,774 | 65. Consequently, it is for the Member State concerned to adduce the most detailed and comprehensive evidence that its checks have been carried out and its figures are accurate and, as the case may be, that the Commission’s assertions are incorrect (judgments in Greece v Commission , C‑300/02, EU:C:2005:103, paragraph 36 and the case-law cited, and Denmark v Commission , C‑417/12 P, EU:C:2014:2288, paragraph 83). | 39. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them ( Wilson , paragraphs 50 and 51). | 0 |
6,775 | 127. Failure to respect the right of access to the Commission's file during the procedure prior to adoption of a decision can, in principle, cause the decision to be annulled if the rights of defence of the undertaking concerned have been infringed (Hercules Chemicals , paragraph 77, and Limburgse Vinyl Maatschappij and Others , paragraph 317). | 24 Legislation of the kind at issue in the main proceedings is not such as to preclude or deter a worker from ending his contract of employment in order to take a job with another employer, because the entitlement to compensation on termination of employment is not dependent on the worker's choosing whether or not to stay with his current employer but on a future and hypothetical event, namely the subsequent termination of his contract without such termination being at his own initiative or attributable to him. | 0 |
6,776 | 182. In so far as the question concerns successive fixed-term employment contracts, it must be pointed out that that question is the same as a question on which the Court has already given a ruling in Adeneler and Others (paragraphs 91 to 105) and that other relevant information enabling an answer to be given to that question appears in the judgments in Marrosu and Sardino (paragraphs 44 to 57) as well as Vassallo (paragraphs 33 to 42) and the order in Vassilakis and Others (paragraphs 120 to 137). | 42. In addition, in so far as Article 34(6) of the Visa Code states that decisions on annulment or revocation of a visa must also be notified to the applicant by means of the standard form set out in Annex VI to that code, it is apparent that the competent authority must indicate to the applicant whose visa is annulled or revoked which condition for the issue of a visa is not or is no longer satisfied by referring to one of the reasons for refusal provided for in Article 32(1) and Article 35(6) of that code, reproduced in Annex VI thereto. | 0 |
6,777 | 58. Those rules thus have the specific effect of restricting patterns of exports of ham eligible for the PDO "Prosciutto di Parma" and thereby establishing a difference in treatment between the domestic trade of a Member State and its export trade. They therefore introduce quantitative restrictions on exports within the meaning of Article 29 EC (see, to that effect, Case C-388/95 Belgium v Spain [2000] ECR I-3123, paragraphs 38 and 40 to 42). | 28. Toutefois, ainsi qu’il ressort notamment des points 18 et 29 de l’arrêt attaqué, M. Jurašinović n’a pas fait valoir en première instance que les exceptions prévues à l’article 4, paragraphe 1, sous a), premier et troisième tirets, du règlement n o 1049/2001 n’étaient pas applicables aux documents en cause, mais s’est limité à contester le bien-fondé des arguments avancés par le Conseil dans la décision litigieuse visant à établir que la divulgation de ces documents aurait porté atteinte aux intérêts protégés par ces exceptions. | 0 |
6,778 | 24 Suffice it to note in this regard that the scope ratione personae of Article 39(1) of the Agreement is not the same as that of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), defined in Article 2 thereof, with the result that the case-law in which a distinction is drawn between the derived rights and the personal rights of the members of the migrant worker's family in the context of Regulation No 1408/71, and which, moreover, has been recently clarified by the judgment in Case C-308/93 Bestuur van de Sociale Verzekeringsbank v Cabanis-Issarte [1996] ECR I-2097, cannot be applied in the context of the Agreement, as is clear from paragraph 39 of the judgment in Krid (see, by way of analogy, the judgment in Kziber and paragraph 30 of the judgment in Hallouzi-Choho). | 16. Il est certes vrai que, ainsi que l’a rappelé la Cour dans son arrêt du 9 juillet 1992, Commission/Belgique (C‑2/90, Rec. p. I‑4431, point 34), la particularité des déchets et le principe de la correction, par priorité à la source, des atteintes à l’environnement impliquent qu’il appartient à chaque région, commune ou autre entité locale de prendre les mesures appropriées afin d’assurer la réception, le traitement et l’élimination de ses propres déchets, et que ceux‑ci doivent donc être éliminés aussi près que possible du lieu de leur production, en vue de limiter leur transport autant que faire se peut. | 0 |
6,779 | 57. It would also enable the institution concerned to undermine the principle of institutional balance which requires that each of the institutions must exercise its powers with due regard for the powers of the other institutions (Case C‑70/88 Parliament v Council [1990] ECR I‑2041, paragraph 22). | 31
In the main proceedings, Mr Petruhhin, an Estonian national, made use, in his capacity as a Union citizen, of his right to move freely within the European Union by moving to Latvia, so that the situation at issue in the main proceedings falls within the scope of application of the Treaties, within the meaning of Article 18 TFEU, which sets out the principle of non-discrimination on grounds of nationality (see, to that effect, judgment of 2 February 1989 in Cowan, 186/87, EU:C:1989:47, paragraphs 17 to 19). | 0 |
6,780 | 15 The answer to the first question must therefore be that the right to join an occupational pension scheme falls within the scope of Article 119 of the Treaty and is therefore covered by the prohibition of discrimination laid down by that article.
The second question | 37. In a situation such as that at issue in the main proceedings, BKK’s members, who must manifestly be regarded as consumers within the meaning of the Unfair Commercial Practices Directive, could be deceived by the misleading information circulated by that body thus preventing them from making an informed choice (see recital 14 in the preamble to that directive) and leading them to take a decision they would not have taken in the absence of such information, as envisaged by Article 6(1) of that directive. In those circumstances, whether the body at issue or the specific task it pursues are public or private is irrelevant. | 0 |
6,781 | 38. It is true that, according to the Court’s case-law, the preamble to a European Union act has no binding legal force and cannot be relied on either as a ground for derogating from the actual provisions of the act in question or for interpreting them in a manner clearly contrary to their wording (Case C‑308/97 Manfredi [1998] ECR I‑7685, paragraph 30; Case C‑136/04 Deutsche Milch‑Kontor [2005] ECR I‑10095, paragraph 32; Case C‑134/08 Tyson Parketthandel [2009] ECR I‑2875, paragraph 16; and Case C‑7/11 Caronna [2012] ECR I-0000, paragraph 40). | 31 AS REGARDS THE CLAIMS IN THE APPLICATION IN WHICH THE COURT IS REQUESTED TO RECOGNIZE THAT THE DISCRIMINATION SUFFERED BY THE VESSELS BELONGING TO MEMBERS OF APESCO SHOULD BE BROUGHT TO AN END AND TO ORDER THE COMMISSION TO ALLOCATE TO MEMBERS OF THAT ASSOCIATION COMPENSATION, IN FUTURE PERIODICAL LISTS, FOR THE LOST DAYS' FISHING, THESE MUST BE HELD TO BE INADMISSIBLE . THE COURT MAY NOT ISSUE SUCH ORDERS IN PROCEEDINGS BASED ON ARTICLE 173 OF THE TREATY . | 0 |
6,782 | 43. As the Court has several times stated, citizenship of the Union is intended to be the fundamental status of nationals of the Member States (Case C‑184/99 Grzelczyk [2001] ECR I‑6193, paragraph 31; Case C‑413/99 Baumbast and R [2002] ECR I‑7091, paragraph 82). | 60. Furthermore, it must be observed that preventing the limitation period for proceedings against the Community for non-contractual liability from starting to run as long as the party who has allegedly been harmed is not personally convinced that he has suffered damage has the result that the point in time at which those proceedings become time-barred varies according to the individual perception that each party may have as to the reality of the damage, something which is at variance with the requirement of legal certainty necessary for the application of limitation periods. | 0 |
6,783 | 113
This difference in treatment is liable to discourage companies resident in Portugal from making direct investments in companies established in Tunisia. In so far as the capital income originating in that third country is subject to less favourable tax treatment than that reserved for dividends distributed by companies established in Portugal, the shares of companies established in Tunisia are less attractive to investors resident in Portugal than those of companies with their seat in that Member State (see, by analogy, judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 64, and of 10 February 2011, Haribo Lakritzen Hans Riegel and Österreichische Salinen, C‑436/08 and C‑437/08, EU:C:2011:61, paragraph 80). | 44 A CET EGARD , IL Y A LIEU D ' OBSERVER QUE , TOUT COMME L ' ARTICLE 2 , PARAGRAPHE 2 , DE LA DIRECTIVE , SON PARAGRAPHE 3 , QUI DETERMINE EGALEMENT LA PORTEE DE L ' ARTICLE 3 , PARAGRAPHE 2 , SOUS C ), EST D ' INTERPRETATION STRICTE . IL RESULTE DE LA MENTION EXPRESSE DE LA GROSSESSE ET DE LA MATERNITE QUE LA DIRECTIVE ENTEND ASSURER , D ' UNE PART , LA PROTECTION DE LA CONDITION BIOLOGIQUE DE LA FEMME ET , D ' AUTRE PART , LES RAPPORTS PARTICULIERS ENTRE LA FEMME ET SON ENFANT . CETTE DISPOSITION DE LA DIRECTIVE NE PERMET DONC PAS D ' EXCLURE LES FEMMES D ' UN EMPLOI AU MOTIF QUE L ' OPINION PUBLIQUE EXIGERAIT QU ' ELLES SOIENT DAVANTAGE PROTEGEES QUE LES HOMMES CONTRE DES RISQUES QUI CONCER NENT LES HOMMES ET LES FEMMES DE LA MEME MANIERE ET QUI SONT DISTINCTS DES BESOINS DE PROTECTION SPECIFIQUES DE LA FEMME TELS QUE LES BESOINS EXPRESSEMENT MENTIONNES .
| 0 |
6,784 | 43. It should be borne in mind that, according to settled case-law, the Commission, in the application of Article 87(3)(c) EC, has a wide discretion, the exercise of which involves complex economic and social assessments which must be made in a Community context (see, inter alia, Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 18). Judicial review of the manner in which that discretion is exercised is confined to establishing that the rules of procedure and the rules relating to the duty to give reasons have been complied with and to verifying the accuracy of the facts relied on and that there has been no error of law, manifest error of assessment in regard to the facts or misuse of powers (Case C-351/98 Spain v Commission [2002] ECR I-8031, paragraph 74, and Case C-409/00 Spain v Commission [2003] ECR I-1487, paragraph 93). | 34. The right reserved to national law to specify the benefits payable by the guarantee institution is conditional upon observance of fundamental rights, which include inter alia the general principle of equality and non-discrimination. That principle requires that comparable situations should not be treated differently unless such difference in treatment is objectively justified ( Rodríguez Caballero , paragraphs 29 to 32). | 0 |
6,785 | 26. Subsequently, the Court has made clear that the principal objective of the Brussels Convention is to simplify the procedures in the State where enforcement is sought by laying down a very summary, simple and rapid enforcement procedure, whilst at the same time giving the party against whom enforcement is sought an opportunity to bring an appeal (see, to that effect, Case C-414/92 Solo Kleinmotoren [1994] ECR I-2237, paragraph 20, and Case C-260/97 Unibank [1999] ECR I‑3715, paragraph 14). | 33. Where the customs debt is incurred on the basis of Articles 202 to 205 and Articles 210, 211 and 220 of the Customs Code, all of which concern situations involving breach by the trader concerned of the EU customs legislation, neither the Customs Code nor the implementing regulation provides for specific measures, such as an increase in the customs duty corresponding to the amount which would have been incurred by way of interest on arrears for the period falling between the date on which the customs debt was incurred and the date of its entry in the accounts, or between the date on which the customs debt originally entered in the accounts fell due and the date on which it was subsequently entered in the accounts (see, to that effect, Case C‑91/02 Hannl-Hofstetter [2003] ECR I‑12077, paragraphs 19 and 23). | 0 |
6,786 | 86
The Spanish Government has argued in its observations before the Court that, in view of the fact that the Agreement of 3 January 1979 was concluded before the Kingdom of Spain’s accession to the European Union and that that agreement is the basis for the exemption at issue in the main proceedings, the exemption in any event constitutes existing aid. It should be recalled in that regard that in the context of the State aid control system, established in Articles 107 and 108 TFEU, the procedure differs according to whether the aid is existing or new. Whereas existing aid may, in accordance with Article 108(1) TFEU, be lawfully implemented so long as the Commission has made no finding of incompatibility, Article 108(3) TFEU provides that plans to grant new aid or alter existing aid must be notified, in due time, to the Commission and may not be put into effect until the procedure has resulted in a final decision (judgment of 26 October 2016, DEI and Commission v Alouminion tis Ellados, C‑590/14 P, EU:C:2016:797, paragraph 45). | 69. In those circumstances, the first part of the second ground of appeal, alleging that the labels produced by the opposing party cannot in themselves prove use of the earlier trade mark during the relevant period nor support the other evidence, is not such as to justify setting aside the judgment under appeal and must therefore be rejected as ineffective. | 0 |
6,787 | 24 More recently, the Court held in Case C-472/93 Spano and Others v Fiat Geotech and Fiat Hitachi [1995] ECR I-4321 that the Directive applied to the transfer of an undertaking declared to be in critical difficulties pursuant to Italian Law No 675 of 12 August 1977. It pointed out in particular that the purpose of a declaration that an undertaking was in critical difficulties was to enable the undertaking to retrieve its economic and financial situation and above all to preserve jobs, that the procedure in question was designed to promote the continuation of its business with a view to its subsequent recovery and that, by contrast with insolvency proceedings, it did not involve any judicial supervision or any measure whereby the assets of the undertaking were put under administration and did not provide for any suspension of payments (paragraphs 26, 28 and 29). | 25 As to the second point, the Court explained in MSG, at paragraph 23, that whether a usage exists is not to be determined by reference to the law of one of the Contracting Parties or in relation to international trade or commerce in general, but in relation to the branch of trade or commerce in which the parties to the contract operate. | 0 |
6,788 | 34. It must be borne in mind that the meaning and scope of terms for which European Union law provides no definition must be determined by considering, inter alia, the context in which they occur and the purposes of the rules of which they form part (see, inter alia, Case C‑336/03 easyCar [2005] ECR I‑1947, paragraph 21; Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, paragraph 17; Case C‑151/09 UGT-FSP [2010] ECR I‑0000, paragraph 39; and Brüstle , paragraph 31). | 57. The assets of a company are assigned directly to economic activities that are intended to produce a profit. Moreover, the extent of a company’s taxable profits is partly influenced by the valuation of its assets in the balance sheet, in so far as depreciation reduces the basis of taxation. | 0 |
6,789 | 39. In that regard, the Court has held, in particular, that to accept that the Courts of the European Union have the direct responsibility for ensuring that EU law complies with the WTO rules would deprive the European Union’s legislative or executive bodies of the discretion which the equivalent bodies of the European Union’s commercial partners enjoy. It is not in dispute that some of the contracting parties, which are amongst the most important commercial partners of the European Union, have concluded from the subject-matter and purpose of the WTO agreements that they are not among the rules applicable by their courts when reviewing the legality of their rules of domestic law. Such lack of reciprocity, if accepted, would risk introducing an anomaly in the application of the WTO rules (see, in particular, judgments in Portugal v Council , C‑149/96, EU:C:1999:574, paragraphs 43 to 46; FIAMM and Others v Council and Commission , C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraph 119; and LVP , C‑306/13, EU:C:2014:2465, paragraph 46). | 55 It must be borne in mind that Article 2(4)(a) of Directive 93/104 defines a night worker as any worker who, during night time, works at least three hours of his daily working time as a normal course. Article 2(4)(b) also permits the national legislature or, at the option of the Member State concerned, the two sides of industry at national or regional level to treat as night workers other workers who work during night time a certain proportion of their annual working time. | 0 |
6,790 | 45. A right to obtain redress will therefore arise, if that latter condition is met, where it has been established that the rule of law infringed is intended to confer rights on individuals and there is a direct causal link between the breach of the obligation incumbent on the State and the loss or damage sustained by the injured parties (see inter alia, in that regard, Francovich and Others , paragraph 40; Brasserie du Pêcheur and Factortame , paragraph 51; and Köbler , paragraph 51). As is clear, in particular, from paragraph 57 of the Köbler judgment, those three conditions are necessary and sufficient to found a right in favour of individuals to obtain redress, although this does not mean that the State cannot incur liability under less strict conditions pursuant to national law. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,791 | 24 Before considering whether there is a justification based on the protection of animals under Article 36 of the Treaty, it is first necessary to establish whether harmonising directives applied in this area. While Article 36 allows the maintenance of restrictions on the free movement of goods, justified on grounds of the protection of the health and life of animals, which constitutes a fundamental requirement recognised by Community law, recourse to Article 36 is no longer possible where Community directives provide for harmonisation of the measures necessary to achieve the specific objective which would be furthered by reliance upon this provision (Case C-5/94 The Queen v MAFF ex parte Hedley Lomas [1996] ECR I-2553, paragraph 18). | 22 In those circumstances, for the Court to reply to the question referred would be of no avail to the Tribunal des Affaires de Sécurité Sociale, Evry. | 0 |
6,792 | 27. Furthermore, a person who incurs investment expenditure with the intention, confirmed by objective evidence, of engaging in economic activity within the meaning of Article 9(1) of Directive 2006/112 must be regarded as a taxable person. Acting in that capacity, he has therefore, in accordance with Article 167 et seq. of the directive, the right immediately to deduct the VAT payable or paid on the investment expenditure incurred for the purposes of the transactions which he intends to carry out and which give rise to the right to deduct (see, to that effect, Rompelman , paragraphs 23 and 24; INZO , paragraphs 16 and 17; Ghent Coal Terminal , paragraph 17; Gabalfrisa and Others , paragraph 47; and Case C‑400/98 Breitsohl [2000] ECR I‑4321, paragraph 34). | 59. Second, recourse to Article 133 EC jointly with Article 175(1) EC is likewise not liable to undermine the Parliament’s rights because, although the first-mentioned article does not formally provide for the participation of that institution in the adoption of a measure of the kind at issue in this case, the second article, on the other hand, expressly refers to the procedure provided for in Article 251 EC. In contrast to the situation at issue in the abovementioned Titanium dioxide case, the use of a combination of legal bases does not therefore in this case involve any encroachment upon the Parliament’s rights since recourse to Article 175(1) EC enables that institution to adopt the measure under the co-decision procedure. | 0 |
6,793 | 39
As regards the ‘subject matter’, the Court has stated that this means the end the action has in view (see, by analogy, judgments of 6 December 1994, Tatry, C‑406/92, EU:C:1994:400, paragraph 41, and of 8 May 2003, Gantner Electronic, C‑111/01, EU:C:2003:257, paragraph 25); the concept of ‘subject matter’ cannot be restricted so as to mean two claims which are formally identical (see, by analogy, judgment of 8 December 1987, Gubisch Maschinenfabrik, 144/86, EU:C:1987:528, paragraph 17). | 71
Therefore, it is for the national court to classify the goods at issue in the main proceedings in the light of the answers given by the Court to the questions referred to it. | 0 |
6,794 | 16. The fact, however, that a Member State does not grant to a non-resident certain tax benefits which it grants to a resident is not, as a rule, discriminatory having regard to the objective differences between the situations of residents and of non-residents, both from the point of view of the source of their income and from that of their personal ability to pay tax or their personal and family circumstances (Case C-279/93 Schumacker [1995] ECR I-225, paragraph 34, and Case C-391/97 Gschwind [1999] ECR I-5451, paragraph 23). | 23. Directive 2004/83 must, for that reason, be interpreted in the light of its general scheme and purpose, and in a manner consistent with the Geneva Convention and the other relevant treaties referred to in Article 78(1) TFEU. As is apparent from recital 10 in the preamble thereto, the directive must also be interpreted in a manner consistent with the rights recognised by the Charter of Fundamental Rights of the European Union (judgment in X and Others , EU:C:2013:720, paragraph 40). | 0 |
6,795 | 32
The obligation to refer a question to the Court for a preliminary ruling under the third paragraph of Article 267 TFEU is based on cooperation, established with a view to ensuring the proper application and uniform interpretation of EU law in all the Member States, between national courts, in their capacity as courts responsible for the application of EU law, and the Court (see, to that effect, judgment of 9 September 2015, X and van Dijk, C‑72/14 and C‑197/14, EU:C:2015:564, paragraph 54). | 26 That finding is corroborated, moreover, by the Proposal for a European Parliament and Council Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society, presented by the Commission on 21 January 1998 (OJ 1998 C 108, p. 6). | 0 |
6,796 | 64
In that respect, DEI and the Commission state that, if, according to the settled case-law of the Court, an omission attributed to a Member State may result in the emergence of State aid (judgment of 19 mars 2013, Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others, C‑399/10 P and C‑401/10 P, EU:C:2013:175, paragraphs 100 to 103), such would, a fortiori, be the case of a measure taken by an organ of the State, even when it is not a legislative measure. | 23 It follows that that definition encompasses periods of insurance determined under national legislation alone, in particular periods treated by that legislation as periods of insurance, provided, however, that Articles 39 EC and 42 EC are observed. | 0 |
6,797 | 47
In the second place, the Court points out that, ruling, within the framework of the legislation previously in force, as regards the opposite situation in which the entry added by the official veterinarian at the exit point contained a positive assessment as regards adherence to the relevant provisions of the legislation on the transport of live animals, the it held that the finding made by the veterinarian did not constitute irrefutable proof in that respect, so that that finding did not bind the authority competent for the payment of the export refund in relation to the export of cattle due to objective and specific evidence leading to the opposite conclusion (see, to that effect, judgments of 13 March 2008 in Viamex Agrar Handel, C‑96/06, EU:C:2008:158, paragraphs 34, 35, 37 and 41, and 25 November 2008 in Heemskerk and Schaap, C‑455/06, EU:C:2008:650, paragraphs 25 and 30). | 42. Si le champ d’application de l’accord-cadre est, ainsi qu’il ressort du libellé de sa clause 2, point 1, conçu de manière large, visant de façon générale les «travailleurs à durée déterminée ayant un contrat ou une relation de travail défini par la législation, les conventions collectives ou les pratiques en vigueur dans chaque État membre», il n’en demeure pas moins que la définition des contrats et des relations de travail auxquels s’applique cet accord-cadre relève non pas de celui-ci ou du droit de l’Union, mais de la législation et/ou des pratiques nationales. | 0 |
6,798 | 35. Accordingly, it is the Court’s established case-law that the freedom to provide services conferred by Article 56 TFEU on Member State nationals, and thus on European Union citizens, includes ‘passive’ freedom to provide services, namely the freedom for recipients of services to go to another Member State in order to receive a service there, without being hindered by restrictions ( Luisi and Carbone , paragraph 16; Case 186/87 Cowan [1989] ECR 195, paragraph 15; Bickel and Franz , paragraph 15; Case C-348/96 Calfa [1999] ECR I-11, paragraph 16; and Case C‑215/03 Oulane [2005] ECR I‑1215, paragraph 37). | 8. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 27 septembre 2007, Commission/Luxembourg, C‑529/06, non publié au Recueil, point 7). | 0 |
6,799 | 56. It must be observed at the outset that the factors relevant to the determination of whether there is a risk to public policy within the meaning of Article 7(4) of Directive 2008/115 are not materially the same as those which are relevant to the assessment of whether there is a risk of absconding within the meaning of that provision, the concept of ‘risk of absconding’ being distinct from that of ‘risk to public policy’ (as regards the concept of ‘risk of absconding’ within the meaning of that provision, see, in particular, judgment in Mahdi , C‑146/14 PPU, EU:C:2014:1320, paragraphs 65 to 74). | 30. As a preliminary point, it should be borne in mind that the protection of trade marks is characterised, within the European Union, by the coexistence of several systems of protection. | 0 |
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