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6,800 | 45. In that regard, it should be recalled that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling. The presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments in Åkerberg Fransson , EU:C:2013:105, paragraphs 39 and 40, and B. , C‑394/13, EU:C:2014:2199, paragraph 19). | 39. It should be recalled at the outset that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of European Union law, the Court is in principle bound to give a ruling (see, inter alia, Joined Cases C-78/08 to C-80/08 Paint Graphos and Others [2011] ECR I-7611, paragraph 30 and the case-law cited). | 1 |
6,801 | 43. Accordingly, a repackaged pharmaceutical product could be presented inappropriately and, therefore, damage the trade mark’s reputation in particular where the carton or label, while not being defective, of poor quality or untidy, are such as to affect the trade mark’s value by detracting from the image of reliability and quality attaching to such a product and the confidence it is capable of inspiring in the public concerned (see, to that effect, Bristol-Myers Squibb and Others , paragraph 76, and Case C-337/95 Parfums Christian Dior [1997] ECR I-6013, paragraph 45). | 23 Whilst abolition of double taxation within the Community is, as stated in paragraph 16 above, one of the objectives of the Treaty, it must none the less be noted that, apart from the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10), no unifying or harmonising measure for the elimination of double taxation has yet been adopted at Community level, nor have the Member States yet concluded any multilateral convention to that effect under Article 220 of the Treaty. | 0 |
6,802 | 28 It should be pointed out in that respect that the fact that a practice is in conformity with the requirements of a directive may not constitute a reason for not transposing that directive into national law by provisions capable of creating a situation which is sufficiently precise, clear and transparent to enable individuals to ascertain their rights and obligations. As the Court held in its judgment in Case 339/87 Commission v Netherlands [1990] ECR I-851, paragraph 25, in order to secure the full implementation of directives in law and not only in fact, Member States must establish a specific legal framework in the area in question. | 26. En deuxième lieu, s’agissant des modifications de l’ASVG intervenues au cours de l’année 2007 ou à intervenir au cours de l’année 2008, il suffit 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 les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑110/00, Rec. p. I‑7545, point 13, et du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32). | 0 |
6,803 | 53 First of all, as the Council and the parties intervening in support of the form of order sought by it have observed, the Court has consistently held that the Community institutions enjoy a margin of discretion in their choice of the means needed to achieve the common commercial policy (Case 245/81 Edeka Zentrale v Germany [1982] ECR 2745, paragraph 27; Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 27; Case 256/84 Koyo Seiko v Council [1987] ECR 1899, paragraph 20; Case 258/84 Nippon Seiko v Council [1987] ECR 1923, paragraph 34, and Case 260/84 Minebea v Council [1987] ECR 1975, paragraph 28). | 74. Second, as regards aid which may have been granted to non-professional transport companies for an amount greater than the de minimis threshold, in certain cases the very circumstances in which aid is granted may show that it is liable to affect trade between Member States and to distort or threaten to distort competition. In such cases, the Commission must set out those circumstances in the statement of reasons for its decision (see Joined Cases 296/82 and 318/82 Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraph 24, Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 52, and Joined Cases C-15/98 and C-105/99 Italy and Sardegna Lines v Commission [2000] ECR I-8855, paragraph 66). | 0 |
6,804 | 64. That remission is to be made in accordance with Article 236 of the Customs Code if the conditions laid down by that provision are fulfilled, in particular that there has been no manipulation by the declarant and that the application for remission has been submitted within the time-limit, which is in principle three years (see, to that effect, Overland Footwear , paragraph 54). | 44. Any supervision by national authorities which was subsequent to transfer of such land would not provide the same guarantee. It could not prevent a transfer which ran counter to that function of continued agricultural use, and would thus not be appropriate to the objective. Furthermore, action taken a posteriori, such as measures to annul the transfer, sanctions or evictions, could only be decided by the courts and would lead to delays inconsistent with the requirements of continuity of use and sound land management. Legal certainty, which is of fundamental importance for any system of land transfer, would thus be undermined. | 0 |
6,805 | 33 As regards the second of those questions, it is appropriate to refer to the judgments of 30 June 1988 in Case 318/86 Commission v France (( 1988 )) ECR 3559, paragraph 27 and of 17 October 1989 in Case 109/88 Handels - og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss (( 1989 )) ECR 3199, paragraph 12, in which the Court emphasized the fundamental importance of transparency and, in particular, of the possibility of a review by the national courts, in order to prevent and, if necessary, eliminate any discrimination based on sex . | 5 THE REASON WHY THE REFUND VARIES ACCORDING TO THE DESTINATION OF THE PRODUCTS IS , ACCORDING TO THE FOURTH RECITAL TO REGULATION NO 876/68 , THAT ' MARKETS IN THE COUNTRIES OF DESTINATION ARE AT VARYING DISTANCES FROM COMMUNITY MARKETS AND SPECIAL CONDITIONS APPLY TO IMPORTS IN CERTAIN COUNTRIES OF DESTINATION ' .
IT FOLLOWS FROM ARTICLE 4 AND THE RECITALS IN THE PREAMBLE TO THE AFOREMENTIONED REGULATION THAT THE AMOUNT OF THE REFUND DEPENDS ON THE CONDITIONS OF THE MARKET WHICH THE PRODUCT IN QUESTION MUST ENTER AND AS A RESULT ON THE ACTUAL IMPORT OF THE PRODUCT INTO THE GIVEN COUNTRY OF DESTINATION .
THE VARIATION IN THE REFUND TAKES PLACE BY REASON OF THE DESIRE TO TAKE ACCOUNT OF THE PECULIAR CHARACTERISTICS OF EACH IMPORT MARKET ON WHICH THE COMMUNITY WISHES TO PLAY A PART .
| 0 |
6,806 | 92. The objective of suppressing conduct that infringes the competition rules and preventing its reoccurrence by means of deterrent penalties (see judgment in ETI and Others , EU:C:2007:775, paragraph 41 and the case-law cited) would be jeopardised if an undertaking encompassing a subsidiary concerned by a first infringement were able, by altering its legal structure through the creation of new subsidiaries against which proceedings could not be brought on the basis of the first infringement, but which are involved in the commission of the new infringement, to make impossible or particularly difficult, and therefore avoid, a penalty for repeated infringement. | 32 Since, as is clear from the answer given to the second question, the right to deduct input tax under Article 17(2) of the Directive applies only to the part of the relevant asset assigned to the business, the adjustment of that deduction must also be limited to that part of the asset. | 0 |
6,807 | 60. Even though it is possible to interpret the decision at issue in the manner argued for by the French Republic, the different interpretation adopted by the General Court does not reveal any distortion of its content (see, to this effect, Case C‑260/09 P Activision Blizzard Germany v Commission [2011] ECR I‑419, paragraph 54). | 34. In that regard, it must be pointed out that, although Article 4 of the Sixth Directive gives a very wide scope to VAT, only activities of an economic nature are covered by that provision (see, to that effect, Case C-306/94 Régie dauphinoise [1996] ECR I-3695, paragraph 15; Case C‑77/01 EDM [2004] ECR I-4295, paragraph 47; and Case C-465/03 Kretztechnik [2005] ECR I-4357, paragraph 18). | 0 |
6,808 | 21. Second, it must be borne in mind that, according to settled case-law, the referring court alone can determine the subject-matter of the questions it proposes to refer to the Court. It is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need of a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (Case C‑154/05 Kersbergen-Lap and Dams-Schipper EU:C:2006:449, paragraph 21 and the case-law cited). | 21. The referring court alone can determine the subject-matter of the questions it proposes to refer to the Court. It is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (see, to that effect, Case C-220/95 Van den Boogaard [1997] ECR I-1147, paragraph 16; Case C‑295/95 Farrell [1997] ECR I-1683, paragraph 11; Case C-159/97 Castelletti [1999] ECR I-1597, paragraph 14; and Case C-111/01 Gantner Electronic [2003] ECR I-4207, paragraph 34). | 1 |
6,809 | 52
It is for the referring court, before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision, to determine in the main proceedings, first, which of the expenses claimed by KBC may be regarded as business expenses directly related to the financial activity in question for the purposes of national legislation, and secondly, what is the fraction of the general expenses which may be regarded as directly related to that activity (see, by analogy, judgment of 15 February 2007 in Centro Equestre da Lezíria Grande, C‑345/04, EU:C:2007:96, paragraph 26). | 27. The detailed procedural rules governing the remedies intended to protect rights conferred by Community law on candidates and tenderers harmed by decisions of contracting authorities must not compromise the effectiveness of Directive 89/665 ( Universale-Bau and Others , paragraph 72). | 0 |
6,810 | 40. Further, the preamble of a European Union measure may explain its content (see Case C‑344/04 IATA and ELFAA [2006] ECR I‑403, paragraph 76, and Wallentin-Hermann , paragraph 17). | 23 Likewise the reference in Article 13 to the rights which an injured person may rely on under a special liability system existing at the time when the Directive was notified must be construed, as is clear from the third clause of the 13th recital thereto, as referring to a specific scheme limited to a given sector of production. | 0 |
6,811 | 24
However, the Court has ruled that the organisation of a selective distribution network is not prohibited by Article 101(1) TFEU, to the extent that resellers are chosen on the basis of objective criteria of a qualitative nature, laid down uniformly for all potential resellers and not applied in a discriminatory fashion, that the characteristics of the product in question necessitate such a network in order to preserve its quality and ensure its proper use and, finally, that the criteria laid down do not go beyond what is necessary (judgment of 13 October 2011, Pierre Fabre Dermo-Cosmétique, C‑439/09, EU:C:2011:649, paragraph 41 and the case-law cited). | 19 That argument likewise cannot justify the contested provisions . Even if an increase larger than the Community reserve could not be contemplated without the risk of disturbing the balance of the milk market, the fact remains that it would have been sufficient to reduce the reference quantities of the other producers proportionally by a corresponding amount, so as to be able to allocate larger reference quantities to the producers who gave an undertaking under Regulation No 1078/77 . | 0 |
6,812 | 12 AS REGARDS THE FIXING OF THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO THE PRODUCTS CONCERNED , IT IS CLEAR AND UNDISPUTED THAT THE GROUNDS ON WHICH THE REGULATION IN QUESTION WAS DECLARED INVALID IN THE JUDGMENT IN ROQUETTES FRERES ALSO APPLY TO THE PROVISIONS AT ISSUE IN THIS CASE .
| 32 Both contracts, between US Dunkerque and RC Liège and between US Dunkerque and Mr Bosman, were however subject to the suspensive condition that the transfer certificate must be sent by URBSFA to FFF in time for the first match of the season, which was to be held on 2 August 1990. | 0 |
6,813 | 76
In that regard, the Court has previously held that Article 204 of the code is intended to ensure that the customs legislation is correctly applied. Under Articles 96(1) and 204(1) of that code, the principal — in his capacity as holder in the external Community transit procedure — is the debtor of the customs debt incurred due to the failure to observe the provisions governing that procedure. The liability thus imposed upon the principal is intended to ensure the diligent and uniform application of the provisions relating to that procedure and the proper functioning of transit operations in order to protect the financial interests of the European Union and its Member States (judgment of 15 July 2010, DSV Road, C‑234/09, EU:C:2010:435, paragraph 30 and the case-law cited). | 30. Secondly, it should be observed that Article 204 of the Customs Code is intended to ensure that the customs rules are correctly applied. Under Articles 96(1) and 204(1) of that code, the principal – in his capacity as holder in relation to the external Community transit procedure – is the debtor vis-à-vis the customs debt arising from the failure to observe the provisions governing that procedure. The liability thus imposed upon the principal is intended to ensure the diligent and uniform application of the provisions relating to that procedure and the proper functioning of transit operations in order to protect the financial interests of the European Union and its Member States (see, to that effect, Case C-230/06 Militzer & Münch [2008] ECR I‑1895, paragraph 48). | 1 |
6,814 | 18. En outre, la Cour a récemment jugé qu’un État membre ne saurait justifié un éventuel retard dans l’exécution de son obligation résultant de l’article 26, paragraphe 3, de la directive par le fait qu’il a décidé de mettre en œuvre la méthode «push» (voir arrêt du 11 septembre 2008, Commission/Lituanie, C‑274/07, non encore publié au Recueil, point 52). | 34. However, the transferee in the main proceedings is unable to participate in the collective bargaining body at issue. In those circumstances, the transferee can neither assert its interests effectively in a contractual process nor negotiate the aspects determining changes in working conditions for its employees with a view to its future economic activity. | 0 |
6,815 | 61. Consequently, the fact that Article 13B(d)(6) of the Sixth Directive allows Member States a discretion, indicating that they are responsible for defining special investment funds, does not prevent the persons concerned from relying directly on that provision (see, by analogy, Dornier , paragraph 81), where a Member State exercising that discretion has adopted national measures which are incompatible with that directive (see, to that effect, Linneweber and Akritidis , paragraphs 36 and 37). | 37. It follows that, as the Advocate General pointed out in point 72 of her Opinion, where, as in the cases in the main proceedings, the conditions or limitations which a Member State imposes on the exemption from VAT for games of chance or gambling are contrary to the principle of fiscal neutrality, that Member State cannot rely on such conditions or limitations to refuse an operator of such games the exemption which he may legitimately claim under the Sixth Directive. | 1 |
6,816 | 28 As the Council stated in the third recital in the preamble to Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ 1984 L 331, p. 34), `existing legal provisions on equal treatment, which are designed to afford rights to individuals, are inadequate for the elimination of all existing inequalities unless parallel action is taken by governments, both sides of industry and other bodies concerned, to counteract the prejudicial effects on women in employment which arise from social attitudes, behaviour and structures' (Kalanke, paragraph 20). | 23. In either case, whether there is a direct and immediate link will depend on whether the cost of the input services is incorporated either in the cost of particular output transactions or in the cost of the goods or services supplied by the taxable person as part of his economic activities (see Case C‑29/08 SKF [2009] ECR I‑10413, paragraph 60; Case C‑118/11 Eon Aset Menidjmunt [2012] ECR I‑0000, paragraph 48; and Case C‑651/11 X [2013] ECR I‑0000, paragraph 55). | 0 |
6,817 | 67 It should be borne in mind that, in the context of competition law, the Court has held that the concept of an undertaking encompasses every entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed (see, in particular, Case C-41/90 Höfner and Elser [1991] ECR I-1979, paragraph 21; Poucet and Pistre, cited above, paragraph 17; and Fédération Française des Sociétés d'Assurance, cited above, paragraph 14). | 26. As stated in paragraphs 4, 6 and 8 of the present judgment, the wording of Article 13A(1)(b) and (c) of the Sixth Directive is, essentially, identical to that of Article 132(1)(b) and (c) of Directive 2006/112, read in conjunction with Article 131 thereof. In addition, it appears from recitals 1 and 3 in its preamble that Directive 2006/112 is not, in principle, intended to bring about material change as against the provisions of the Sixth Directive. | 0 |
6,818 | 38. Moreover, it should be recalled that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify the failure to observe obligations arising under Community law (see Commission v Italy , paragraph 25, and case-law cited). | 29. This conclusion follows both from the wording of Article 14 and the general scheme of Directive 2006/123. | 0 |
6,819 | 20 It must be emphasized that the Community legislature did not lay down provisions regulating in detail all the methods of control, and has thus left the Member States at liberty to regulate them in accordance with their own legal system and on their own responsibility by choosing the most appropriate solution (Joined Cases 146/81, 192/81 and 193/81 BayWa v BALM [1982] ECR 1503, paragraph 20). | 79. À ce sujet, la Cour a jugé qu’une dégradation de l’environnement est inhérente à la présence de déch ets dans une décharge, peu important la nature des déchets en cause (arrêt Commission/Portugal, EU:C:2010:331, point 37 et jurisprudence citée). | 0 |
6,820 | 50. It should be noted that Article 2(2)(b) of Directive 2008/115 allows Member States to decide not to apply that directive to third-country nationals who are the subject of, inter alia, return as a criminal law sanction or as a consequence of a criminal law sanction in accordance with the provisions of national law (see, to that effect, El Dridi , paragraph 49, and Achughbabian , paragraph 41). | 83. Selon une jurisprudence constante de la Cour, rappelée à bon droit par le Tribunal au point 167 de l’arrêt attaqué, lorsqu’une organisation de producteurs ne remplit pas l’ensemble des conditions énoncées par la réglementation de l’Union, ses dépenses ne peuvent être mises à la charge du FEOGA (voir, en ce sens, arrêts Italie/Commission, 129/84, EU:C:1986:39, points 21 et 22; Italie/Commission, 258/87, 337/87 et 338/87, EU:C:1989:391, point 35, ainsi que FAC, C‑197/91, EU:C:1993:204, points 23 et 24). | 0 |
6,821 | 44. Further, it is clear that tax legislation constitutes an important and effective tool to discourage the consumption of alcoholic drinks and, therefore, to protect public health. The objective of ensuring that the prices of those drinks are set at high levels can adequately be pursued by their increased taxation, since increases in excise duties must sooner or later be reflected in increased retail selling prices, without impinging on the free formation of prices (see, by analogy, judgments in Commission v Greece , C‑216/98, EU:C:2000:571, paragraph 31, and Commission v France , C‑197/08, EU:C:2010:111, paragraph 52). | 25 THOSE MEASURES INCLUDE, FOR THE SETTLEMENT OF CONFLICTS, WRITTEN RECOMMENDATIONS OR PROPOSALS WHICH ARE TO BE " GIVEN SYMPATHETIC CONSIDERATION ", INVESTIGATIONS POSSIBLY FOLLOWED BY RECOMMENDATIONS, CONSULTATIONS BETWEEN OR DECISIONS OF THE CONTRACTING PARTIES, INCLUDING THAT OF AUTHORIZING CERTAIN CONTRACTING PARTIES TO SUSPEND THE APPLICATION TO ANY OTHERS OF ANY OBLIGATIONS OR CONCESSIONS UNDER THE GENERAL AGREEMENT AND, FINALLY, IN THE EVENT OF SUCH SUSPENSION, THE POWER OF THE PARTY CONCERNED TO WITHDRAW FROM THAT AGREEMENT . | 0 |
6,822 | 52
However, according to the Court’s case-law, the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the original version of an EU measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new EU measure. Conversely, the subject matter of the dispute cannot be extended to obligations arising under new provisions which do not correspond to those arising under the original version of the measure concerned, for otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (judgments of 24 May 2011, Commission v Portugal, C‑52/08, EU:C:2011:337, paragraph 42, and of 10 September 2015, Commission v Poland, C‑36/14, not published, EU:C:2015:570, paragraph 24). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
6,823 | 21 By contrast, outside those cases where all competition between a lawful economic sector and an unlawful sector is ruled out, the principle of fiscal neutrality precludes a generalised distinction from being drawn in the levying of VAT between unlawful and lawful transactions. The Court has accordingly held that a ban on the export of certain products to specific destinations because they might be used for strategic purposes cannot in itself be sufficient to remove such exports from the scope of the Sixth Directive (Lange, paragraphs 16 and 17). | 39. The Court has already held that the need to ensure the effective collection of income tax constitutes an overriding reason in the general interest capable of justifying a restriction on the freedom to provide services. According to the Court, the procedure of retention at source and the liability rules supporting it constitute a legitimate and appropriate means of ensuring the tax treatment of the income of a person established outside the State of taxation and ensuring that the income concerned does not escape taxation in the State of residence and the State where the services are provided ( FKP Scorpio Konzertproduktionen, paragraph 36). | 0 |
6,824 | 25. In any event, even if a link were to exist under Luxembourg law between the tax advantage and the taxation of dividends, it must be held that the effect of the Double Taxation Convention concluded by the Grand Duchy of Luxembourg with the Kingdom of Belgium is to shift fiscal cohesion to the level of the reciprocity of the rules applicable in the Contracting States (see, inter alia, Wielockx , paragraph 24, and X and Y , paragraph 53). The Convention in question creates a fiscal reciprocity, insasmuch as in forgoing 15% of the net amount of dividends paid by companies established in Belgium to individuals subject to Luxembourg income tax, the Grand Duchy of Luxembourg may in return receive 15% of the dividends paid by companies having their seat in that Member State to individuals sub ject to income tax in Belgium. | 37 Moreover, the acts were not isolated occurrences. As regards the use of mopeds on the breeding beaches, this is clear from the Greek Government's assertion that nocturnal supervision of the eastern part of beach at Laganas was, at the material time, particularly difficult to ensure owing to the length of the beach, the high number of access points and the low number of supervisors. As far as the presence of small boats in the relevant sea area is concerned, it should be noted that these were observed on two visits to Zakinthos by Commission officials, as stated at paragraphs 8 and 13 of this judgment. | 0 |
6,825 | 37. Furthermore, the Court has already held in the judgment in My (C‑293/03, EU:C:2004:821) that the principle of sincere cooperation laid down in Article 10 EC — which now finds expression in Article 4(3) TEU — in conjunction with the Staff Regulations, must be interpreted as precluding national legislation which does not permit years of employment completed by an EU national in the service of an EU institution to be taken into account for the purposes of entitlement to an early retirement pension under the national scheme. In the order in Ricci and Pisaneschi (C‑286/09 and C‑287/09, EU:C:2010:420), the Court stated that the same applies as regards entitlement to an ordinary retirement pension. | 62. Consequently, it must be held that, in so far as it relates to the Treaty provisions on competition, the second question is inadmissible (see, to that effect, Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraphs 25 to 29). | 0 |
6,826 | 41 As regards the plea alleging infringement of the principle of institutional balance, suffice it to say that, in so far as the decision at issue is one of the acts which the Council is empowered to adopt by virtue of its power of internal organization, the fact that it did not involve the Parliament in its adoption cannot detract from the Parliament' s prerogatives, which include participation, where provided for in the Treaties, in the process of the drafting of legislative measures (see, in particular, Case C-70/88 Parliament v Council [1990] ECR I-2041, paragraphs 21 and 28).
Article 22 of the Council' s Rules of Procedure | 73. The answer to part (b)(i) of Question 1 must therefore be that the first paragraph of Article 454(3) and Article 455 of the implementing regulation must be interpreted as meaning that the guaranteeing association has available, to furnish proof of the place where the offence or irregularity was actually committed, a period of two years running from the date of the claim for payment made to it.
Question 2(a) on the existence of an obligation on the Member State to investigate | 0 |
6,827 | 27. However, since the national legislature has chosen to include in the concept of collective redundancies within the meaning of that directive cases which do not fall within the scope of that directive, whilst excluding from that concept cases such as that in the case in the main proceedings, it is clearly in the Community interest that, in order to forestall future differences of interpretation, that concept and the solutions taken from Community law connected thereto should be interpreted uniformly, irrespective of the circumstances in which they are relied on (see, to that effect, Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 16 and 17). | 172. That principle clearly applies in the field of competition policy, which is characterised by a wide discretion on the part of the Commission, in particular as regards the determination of the amount of fines. | 0 |
6,828 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 18. In that regard, it must be borne in mind that, in the procedure of cooperation established by Article 234 EC, it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see, inter alia, Case C‑435/97 WWF and Others [1999] ECR I-5613, paragraph 32, and Case C-510/99 Tridon [2001] ECR I-7777, paragraph 28). | 0 |
6,829 | 28
In that regard, in so far as, by its first ground of appeal, the appellant argues that the General Court erred in law by finding that that decision was sufficiently reasoned, it should be noted that the obligation to inform the organisers of the reasons for the refusal to register their proposed ECI, as provided for in the second subparagraph of Article 4(3) of Regulation No 211/2011, constitutes a specific expression, with regard to the ECI, of the obligation to state reasons for legal acts enshrined in Article 296 TFEU. It has been consistently held, with regard to that article, that the statement of reasons must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question, in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Court to exercise its power of review (see, inter alia, judgment of 6 March 2003, Interporc v Commission, C‑41/00 P, EU:C:2003:125, paragraph 55). | 22 Consequently, if the aim of the refusal by a Member State to allow for an export transaction a VAT exemption laid down by the Sixth Directive is to penalize the breach of a national provision requiring authorization for such an export, the refusal serves a purpose alien to that of the Sixth Directive. | 0 |
6,830 | 36. That difference of treatment with regard to the system of capital tax reduction at issue in the main proceedings, which may have negative repercussions on the assets of companies wishing to transfer their seat outside Luxembourg, is liable to deter companies incorporated under Luxembourg law from transferring their seat to another Member State during the five-year period following the tax year in the course of which the capital tax reduction was granted to them (see, to that effect, Case C-9/02 Lasteyrie du Saillant [2004] ECR I-2409, paragraph 46; Case C-470/04 N [2006] ECR I-7409, paragraph 35; and Case C-38/10 Commission v Portugal [2012] ECR, paragraph 28). | 44
The Court of Justice has consistently held that the need for a uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose of the legislation in question (see, to that effect, judgments of 2 April 2009, A, C‑523/07, EU:C:2009:225, paragraph 34, and of 16 July 2009, Hadadi, C‑168/08, EU:C:2009:474, paragraph 38). | 0 |
6,831 | 23. The settled case-law further shows that the terms used to specify the exemptions in Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all goods and services supplied for consideration by a taxable person. Nevertheless, the interpretation of those terms must be consistent with the objectives pursued by those exemptions and comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Thus, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 must be construed in such a way as to deprive the exemptions of their intended effect (see, in particular, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18 and the case-law cited, and CopyGene , paragraph 26 and the case-law cited). | 70. Furthermore, since – according to the statements made by the Italian Republic – first, the production of urban waste in Campania accounts for 7% of urban waste production nationwide (that is to say, a not insignificant proportion) and, secondly, the population of that region represents approximately 9% of the national population, a major deficiency in Campania’s capacity to dispose of its waste is likely to compromise seriously the ability of the Italian Republic to move towards the aim of self-sufficiency at national level. | 0 |
6,832 | 49
Furthermore, the interpretation of Article 8(1)(c) of the Framework Decision to the effect that the European arrest warrant must necessarily be based on a national judicial decision that is distinct from that warrant, taking the form, as the case may be, of a national arrest warrant, follows not only from the wording of that provision but also its context and the objectives pursued by the Framework Decision, which, according to the Court’s case-law, must be taken into account in interpreting that decision (see, to that effect, inter alia, judgment of 16 July 2015 in Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 35 and the case-law cited). | 51. C’est dès lors à bon droit que le Tribunal a considéré, au point 45 de l’arrêt attaqué, que l’argumentation relative à la possibilité, pour Kala Naft, d’invoquer les protections et les garanties liées aux droits fondamentaux ne concernait pas la recevabilité du recours ni même d’un moyen, mais avait trait au fond du litige. | 0 |
6,833 | 69. To that end, Regulation No 1049/2001 is intended, as is apparent from recital 4 in its preamble and from Article 1, to give the fullest possible effect to the right of public access to documents of the institutions (see Case C‑266/05 P Sison v Council [2007] ECR I‑1233, paragraph 61; Case C‑64/05 P Sweden v Commission [2007] ECR I‑11389, paragraph 53; Sweden and Turco v Council , paragraph 33; and Case C‑139/07 P Commission v Technische Glaswerke Ilmenau [2010] ECR I‑0000, paragraph 51). | 46. The Court has, moreover, held that it is irrelevant to ascertaining whether or not those measures are mechanical in nature (see, to that effect, judgment in T & L Sugars and Sidul Açúcares v Commission , C‑456/13 P, EU:C:2015:284, paragraphs 41 and 42). | 0 |
6,834 | 74. In that regard, it should be recalled, by way of preliminary observation, that, with regard to the justifications which are capable of being accepted where internal measures restrict the freedom to provide services or the freedom of establishment, the Court has observed that the objectives pursued by national legislation adopted in the area of gambling and bets, considered as a whole, usually concern the protection of the recipients of the services in question and of consumers more generally, and the protection of public order. It has also held that such objectives are amongst the overriding reasons in the public interest capable of justifying obstacles to the freedom to provide services (see, in particular, Schindler , paragraph 58; Case C‑124/97 Läärä and Others [1999] ECR I‑6067, paragraph 33; Zenatti , paragraph 31; Case C-6/01 Anomar and Others [2003] ECR I‑8621, paragraph 73; and Placanica and Others , paragraph 46). | 11 IT FOLLOWS THAT THE INTERPRETATION , IN GENERAL TERMS , OF THE EXPRESSION CANNOT BE LEFT TO THE DISCRETION OF EACH MEMBER STATE .
| 0 |
6,835 | 81. It is settled case-law that the principle of proportionality, which is one of the general principles of European Union law, requires that measures implemented by acts of the European Union are appropriate for attaining the objective pursued and do not go beyond what is necessary to achieve it (Case C‑58/08 Vodafone and Others [2010] ECR I‑0000, paragraph 51, and the case-law cited). | 52 None of those arguments can be upheld. | 0 |
6,836 | 71 It must be added that, unlike decisions ordering undertakings to submit to an investigation, which, as a form of preparatory inquiry, may be regarded as straightforward measures of management (see the judgment in AKZO Chemie v Commission, cited above, at paragraph 38), decisions finding infringement of Article 85 cannot, without offending against the principle of collegiality, be the subject of a delegation of authority, under Article 27 of the Commission' s Rules of Procedure, to the Commissioner responsible for competition policy. | 63. It is not inconceivable that, if no territorial restriction were imposed, chimney sweeps would decide to pursue their trade only in areas considered to be attractive, thus benefitting only a limited part of the population, so that the inhabitants of less attractive areas would not have sufficient providers willing to offer a chimney sweeping service which is reliable and of good quality (see, by analogy, judgment in Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 73). | 0 |
6,837 | 24 The principle of State liability for loss and damage caused to individuals as a result of breaches of Community law for which the State can be held responsible is inherent in the system of the Treaty (judgment in Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35, and judgment in Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame, not yet published in the ECR, paragraph 31). Furthermore, the conditions under which State liability gives rise to a right to reparation depend on the nature of the breach of Community law giving rise to the loss or damage (judgment in Francovich and Others, cited above, paragraph 38; judgment in Brasserie du Pêcheur and Factortame, cited above, paragraph 38). | 36 It must be borne in mind, second, that the decision by a contracting entity concerning the type of procedure to be followed and whether it is necessary for a prior call for competition to be issued for the award of a public contract constitutes a distinct stage in the procedure, a stage during which the essential characteristics of the execution of the procedure are defined and which may, as a rule, take place only at the point when that procedure is initiated. | 0 |
6,838 | 24. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 39; Case C‑390/99 Canal Satélite Digital [2002] ECR I‑607, paragraph 19; and Conseil général de la Vienne , paragraph 20). | Toutefois, la motivation d’un arrêt du Tribunal doit faire apparaître de façon claire et non équivoque le raisonnement de
celui-ci, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer
son contrôle juridictionnel (arrêt Mitteldeutsche Flughafen et Flughafen Leipzig-Halle/Commission, C‑288/11 P, EU:C:2012:821,
point 83 et jurisprudence citée). | 0 |
6,839 | 30
In order to guarantee the uniform protection which EU trade marks are afforded throughout the entire area of the European Union, the prohibition on proceeding with acts which infringe or would infringe an EU trade mark must, as a rule, extend to the whole of that area (see, with regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), repealed and replaced by Regulation No 207/2009, the judgment of 12 April 2011, DHL Express France, C‑235/09, EU:C:2011:238, paragraphs 39 to 44). | 28. It is accepted that an administrative practice can be the subject-matter of an action for failure to fulfil obligations when it is, to some degree, of a consistent and general nature (see, in particular, Case C-387/99 Commission v Germany [2004] ECR I-0000, paragraph 42, and the case-law cited). | 0 |
6,840 | 181. The General Court did not err in law in pointing out, at paragraph 416 of the judgment under appeal, that in the determination of the amount of the fine in a case of infringement of the competition rules, the Commission fulfils its obligation to state reasons when it indicates in its decision the factors which enabled it to determine the gravity of the infringement and its duration, and it is not required to indicate the figures relating to the method of calculating the fines (see Case C‑280/98 P Weig v Commission EU:C:2000:627, paragraphs 43 to 46; Case C‑291/98 P Sarrió v Commission EU:C:2000:631, paragraphs 73 to 76; and Joined Cases, C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission EU:C:2002:582, paragraphs 463 to 464). | 56. It follows that, contrary to what is argued by the Czech Government, those checks are not border checks prohibited by Article 20 of Regulation No 562/2006 but checks within the territory of a Member State, covered by Article 21 of the regulation. | 0 |
6,841 | 30. In that regard, it should be recalled, first, that the Court may, of its own motion, on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure under Article 83 of its Rules of Procedure, if it considers that it lacks sufficient information or where the case must be decided on the basis of an argument which has not been debated between the parties (see order in Case C‑17/98 Emesa Sugar [2000] ECR I‑665, paragraph 18; judgments in Case C‑210/03 Swedish Match [2004] ECR I‑11893, paragraph 25, and Case C‑138/05 Stichting Zuid-Hollandse Milieufederatie [2006] ECR I‑8339, paragraph 23). | 45. It follows that the concept of ‘due cause’ may not only include objectively overriding reasons but may also relate to the subjective interests of a third party using a sign which is identical or similar to the mark with a reputation. | 0 |
6,842 | 69
Second, as regards the requirement that the selection procedure must be based on non-discriminatory criteria, it should be noted that the general principle of equal treatment requires that comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified (judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 23 and the case-law cited). The comparability of situations must be assessed in particular in the light of the subject matter and purpose of the measure in question. The principles and objectives of the field to which that measure relates must also be taken into account (see, to that effect, judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 26 and the case-law cited). | 45 THE CLEAR OBJECTIVE OF THE INVITATIONS TO TENDER AND IMPORTS OUTSIDE THESE INVITATIONS TO TENDER WAS ONLY TO PERMIT THE QUANTITY OF SUGAR TO BE IMPORTED WHICH WAS ABSOLUTELY NECESSARY TO MAKE GOOD THE AMOUNT BY WHICH NATIONAL PRODUCTION FELL SHORT OF DEMAND . | 0 |
6,843 | 31. The legality of the employment of a Turkish national in the host Member State, within the meaning of the first indent of Article 6(1) of Decision No 1/80, presupposes a stable and secure situation as a member of the labour force of that Member State and, by virtue of this, implies an undisputed right of residence (Case C‑237/91 Kus [1992] ECR I-6781, paragraph 22, and Altun , paragraph 53). | 39. Third, under the second subparagraph of Article 2(7)(c) of the basic regulation, a determination whether the producer meets the criteria referred to in the first subparagraph of that provision in order to claim MET is to be made within three months of the initiation of the investigation. | 0 |
6,844 | 90. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from well established case‑law that the purpose of the legislation concerned must be taken into consideration (Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34; Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 34; and Accor , paragraph 31). | 36 Second, a measure introduced by a Member State cannot be regarded as necessary to achieve the aim pursued if it essentially duplicates controls which have already been carried out in the context of other procedures, either in the same State or in another Member State. | 0 |
6,845 | 44. Further, it follows from Case C‑322/01 Deutscher Apothekerverband [2003] ECR I‑14887, paragraphs 65, 76 and 124, that a national measure concerning an arrangement characterised by the sale of goods via the Internet and the delivery of those goods to the customer’s home is to be examined only with regard to the rules relating to the free movement of goods and, consequently, with regard to Articles 34 TFEU and 36 TFEU. | 22. In those circumstances, the Commission’s action must be held to be well founded in relation to the Letterkenny agglomeration.
The Howth agglomeration
Arguments of the parties | 0 |
6,846 | 34. With regard, second, to the objective pursued by Directive 75/129, as the first recital in its preamble states, the directive is intended to afford greater protection to workers in the event of collective redundancies. That aim of protecting workers has been noted repeatedly by the Court (see Case C-449/93 Rockfon [1995] ECR I-4291, paragraph 29, and Lauge and Others , paragraph 19). | 42
Thirdly, as regards consideration of the first question in the light of the principle of effectiveness, it should be recalled that the Court has stated that it is compatible with EU law to lay down reasonable time limits for bringing proceedings in the interests of legal certainty which protects both the taxpayer and the authorities concerned. Such periods are not by their nature liable to make it virtually impossible or excessively difficult to exercise the rights conferred by EU law, even if the expiry of those periods necessarily entails the dismissal, in whole or in part, of the action brought (see, to that effect, judgments of 17 July 1997, Haahr Petroleum, C‑90/94, EU:C:1997:368, paragraph 48, and of 8 September 2011, Q-Beef and Bosschaert, C‑89/10 and C‑96/10, EU:C:2011:555, paragraph 36). In that context, a national limitation period of three years appears to be reasonable (see, to that effect, judgments of 11 July 2002, Marks & Spencer, C‑62/00, EU:C:2002:435, paragraph 35, and of 15 April 2010, Barth, C‑542/08, EU:C:2010:193, paragraph 28.) | 0 |
6,847 | 33 In order to provide an answer to the second question, it must be recalled first of all that the Court has held that the provisions of the Directive relating to determination of the beneficiaries of the guarantee as well as those relating to the content of the guarantee meet the conditions of precision and unconditionality normally required in order for a private individual to be able to rely on a provision contained in a directive before a national court, in the absence of its proper transposition into domestic law (Francovich, paragraphs 13 to 22). | 37. First, it is to be noted that the present case relates to economic and commercial decisions which might have repercussions on the employment of a number of workers within an undertaking, and not to decisions which are directly concerned with terminating specific employment relationships. | 0 |
6,848 | 73. As the Court has already stated, the rule in the second subparagraph of Article 3(2) of Directive 77/187 cannot deprive the first subparagraph of Article 3(2) of its substance. That second subparagraph does not therefore prevent the working conditions in the collective agreement to which the employees concerned were subject before the transfer from ceasing to be applicable before the expiry of one year after the transfer, or indeed immediately on the date on which the transfer takes place, in the presence of one of the situations referred to in the first subparagraph of Article 3(2), namely the termination or expiry of the collective agreement or the entry into force or application of another collective agreement (see Case C‑499/04 Werhof [2006] ECR I‑2397, paragraph 30, and, with regard to Article 3(3) of Directive 2001/23, Case C‑396/07 Juuri [2008] ECR I‑8883, paragraph 34). | 28. Il ressort par ailleurs des points 15, 19, 23, 28, 32 et 35 de la décision litigieuse que les différents montants de chiffres d’affaires et pourcentages de parts de marché, incluant la consommation captive, avaient été fournis à la Commission par les entreprises concernées. | 0 |
6,849 | 72. In accordance with the judgment in Case 120/78 Rewe-Zentral [1979] ECR 649, "Cassis de Dijon " , Article 30 of the Treaty prohibits obstacles to the free movement of goods, in the absence of harmonisation of national laws, which are the consequence of applying to goods coming from other Member States, where they are lawfully manufactured and marketed, rules that lay down requirements to be met by those goods (such as those relating to their name, form, size, weight, composition, presentation, labelling and packaging), even if those rules apply to national and imported products alike (see, inter alia , Keck and Mithouard , cited above, paragraph 15; Case C-470/93 Mars [1995] ECR I-1923, paragraph 12; and Ruwet , cited above, paragraph 46). | 61. À cet égard, si la protection de la santé publique constitue un intérêt légitime de nature à justifier, en principe, une restriction à une liberté fondamentale garantie par le traité, telle que la libre circulation des marchandises, il n’en demeure pas moins que de telles restrictions ne peuvent être justifiées que si elles sont propres à garantir la réalisation de l’objectif poursuivi et ne vont pas au‑delà de ce qui est nécessaire pour qu’il soit atteint (arrêts du 14 octobre 2004, Omega, C‑36/02, Rec. p. I‑9609, point 36; du 11 décembre 2007, International Transport Workers’ Federation et Finnish Seamen’s Union, C‑438/05, non encore publié au Recueil, point 75, et Dynamic Medien, précité, point 42). | 0 |
6,850 | 15 On 28 September 1994 the Court gave judgment in Case C-57/93 Vroege v NCIV Instituut voor Volkshuisvesting and Stichting Pensioenfonds [1994] ECR I-4541 and Case C-128/93 Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensionenfonds voor de Detailhandel [1994] ECR I-4583. In those judgments, the Court held that the right to join an occupational pension scheme fell within the scope of Article 119 of the Treaty (Vroege, paragraph 18, and Fisscher, paragraph 15). It also held that the exclusion of part-time workers from access to such schemes constituted indirect discrimination contrary to Article 119 of the Treaty if the exclusion affected a much greater number of women than men unless the employer showed that it might be explained by objectively justified factors unrelated to any discrimination on grounds of sex (Vroege, paragraph 17). | 93. As far as the award criteria themselves are concerned, it is a fortiori clear that they must not be amended in any way during the tender procedure. | 0 |
6,851 | 45
That definition, which is set out in paragraph 11 above, now refers expressly to any breach of EU law or national law relating to its application. Read in the light of the foregoing considerations, that elucidation concerning breaches of national law clarifies the scope of the term ‘irregularity’ in Article 2(7) of Regulation No 1083/2006 (see, to that effect, a contrario, judgment of 7 April 2016 in PARTNER Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraphs 90 and 91). | 57
The Dublin system, of which that regulation forms part, seeks, as is apparent from recitals 4 and 5 thereof, to make it possible, in particular, to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of processing applications for international protection expeditiously. | 0 |
6,852 | 52. With regard to judicial review of compliance with those conditions the Court has accepted that in the exercise of the powers conferred on it the Community legislature must be allowed a broad discretion in areas in which its action involves political, economic and social choices and in which it is called upon to undertake complex assessments and evaluations. Thus the criterion to be applied is not whether a measure adopted in such an area was the only or the best possible measure, since its legality can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (see, to that effect, Case C‑189/01 Jippes and Others [2001] ECR I‑5689, paragraphs 82 and 83; British American Tobacco (Investments) and Imperial Tobacco , paragraph 123; Alliance for Natural Health and Others , paragraph 52; and Case C‑558/07 S.P.C.M. and Others [2009] ECR I-0000, paragraph 42). | 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 |
6,853 | 48. It should be recalled, in that context, that the mere fact that the authorisation and control of a certain number of private operators may prove more burdensome for the national authorities than supervision of a single operator is irrelevant. Indeed, it is apparent from the case-law of the Court that administrative inconvenience does not constitute a ground that can justify a restriction on a fundamental freedom guaranteed by European Union law (see, to that effect, Case C-386/04 Centro di Musicologia Walter Stauffer [2006] ECR I‑8203, paragraph 48, and Case C-318/07 Persche [2009] ECR I‑359, paragraph 55). | Quant à la troisième branche du deuxième moyen du pourvoi, il convient de rappeler que, même si une demande d’audition de témoins, formulée dans la requête, indiquait avec précision les faits sur lesquels il y avait lieu d’entendre le ou les témoins et les motifs de nature à justifier leur audition, il appartenait au Tribunal d’apprécier la pertinence de cette demande par rapport à l’objet du litige et à la nécessité de procéder à l’audition des témoins cités (arrêt du 19 décembre 2013, Siemens e.a./Commission, C‑239/11 P, C‑489/11 P et C‑498/11 P, non publié, EU:C:2013:866, point 323). | 0 |
6,854 | 24. However, acknowledging that a provision of substantive law has such an effect must not undermine the fundamental principles of the Community, in particular the principles of legal certainty and the protection of legitimate expectations, by virtue of which the effect of Community legislation must be clear and predictable for those who are subject to it (see, to that effect, Salumi and Others , paragraph 10; Case 21/81 Bout [1982] ECR 381, paragraph 13; GruSa Fleisch , paragraph 22; and Case C-376/02 ‘Goed Wonen’ [2005] ECR I-3445, paragraph 33). | 8 ARTICLE 119 PURSUES A DOUBLE AIM .
| 0 |
6,855 | 26 It should, first, be recalled that in Case C-290/91 Peter v Hauptzollamt Regensburg [1993] ECR I-2981, the Court held (at paragraph 8) that "according to the general principles on which the Community is based and which govern the relations between the Community and the Member States, it is for the Member States, by virtue of Article 5 of the Treaty, to ensure that Community regulations are implemented within their territory. In so far as Community law, including its general principles, does not include common rules to this effect, the national authorities when implementing Community regulations act in accordance with the procedural and substantive rules of their own national law; however, these national rules must be reconciled with the need to apply Community law uniformly so as to avoid unequal treatment of producers and traders. Furthermore, such rules must not have the effect of making it virtually impossible to implement Community regulations (see the judgment in Joined Cases 205/82 to 215/82 Deutsche Milch-Kontor v Germany [1983] ECR 2633, at paragraphs 17 and 19). | 77. It is clear from paragraph 51 of Age Concern England that mere generalisations indicating that a measure is likely to contribute to employment policy, labour market or vocational training objectives are not enough to show that the aim of that measure is capable of derogating from the principle of non-discrimination on grounds of age and do not constitute evidence on the basis of which it could reasonably be considered that the means chosen are likely to achieve that aim. | 0 |
6,856 | 50. Where an applicant seeks the annulment of a decision not to raise objections, it essentially contests the fact that the Commission adopted the decision in relation to the aid at issue without initiating the formal investigation procedure, thereby infringing the applicant’s procedural rights. In order to have its action for annulment upheld, the applicant may invoke any plea to show that the assessment of the information and evidence which the Commission had at its disposal during the preliminary examination phase of the measure notified should have raised doubts as to the compatibility of that measure with the common market. The use of such arguments cannot, however, have the consequence of changing the subject-matter of the application or altering the conditions of its admissibility. On the contrary, the existence of doubts concerning that compatibility is precisely the evidence which must be adduced in order to show that the Commission was required to initiate the formal investigation procedure under Article 88(2) EC and Article 6(1) of Regulation No 659/1999 ( Commission v Kronoply and Kronotex , paragraph 59). | 42. Ainsi que cela ressort du considérant 4 du règlement nº 469/2009, l’octroi de cette période d’exclusivité supplémentaire a vocation à encourager la recherche et, pour ce faire, vise à permettre un amortissement des investissements effectués dans cette recherche. | 0 |
6,857 | 55. The Court has consistently held that it follows from the context of the Treaty in which Article 211 EC must be placed and also from practical requirements that the concept of implementation must be given a wide interpretation. Since only the Commission is in a position to keep track of agricultural market trends and to act quickly when necessary, the Council may confer on it wide powers in that sphere. Consequently, the limits of those powers must be determined by reference to the essential general aims of the organisation of the market in question (Case 22/88 Vreugdenhil and Van der Kolk [1989] ECR 2049, paragraph 16, and Joined Cases C-9/95, C-23/95 and C-156/95 Belgium and Germany v Commission [1997] ECR I-645, paragraph 36). | 19 Abuse in the sense of the re-introduction into the Community of the product previously exported cannot exist where the product has undergone substantial and irreversible processing, as a result of which it has ceased to exist as such and a new product, coming under a different tariff heading, has been created. | 0 |
6,858 | 39. It is only when the grounds for exclusion concerned do not relate to the professional qualities of economic operators, and, therefore, do not fall within that exhaustive list that it is possible to consider whether those grounds may be permissible under the principles or other rules of EU public procurement law (see, to this effect, Fabricom , paragraphs 25 to 36; Michaniki , paragraphs 44 to 69; and Case C-538/07 Assitur [2009] ECR I-4219, paragraphs 21 to 33). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
6,859 | 27 However, in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, and Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, the Court took the view that the limitation of the effects in time of the Barber judgment concerned only those kinds of discrimination which, owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions, employers and pension schemes could reasonably have considered to be permissible (Case C-435/93 Dietz [1996] ECR I-5223, paragraph 19). | 76. As is clear from the case-file, the concept of fault does not have the same content in the various legal systems. | 0 |
6,860 | 43
The scope of the remedy available to an applicant for international protection against a transfer decision is made clear in recital 19 of that regulation, which states that, in order to ensure compliance with international law, the effective remedy introduced by that regulation in respect of transfer decisions should cover (i) the examination of the application of that regulation and (ii) the examination of the legal and factual situation in the Member State to which the asylum seeker is to be transferred (see, to that effect, judgment of 7 June 2016, Ghezelbash, C‑63/15, EU:C:2016:409, paragraphs 38 and 39). | 49. Since it does not apply to all economic operators, it cannot be considered to be a general measure of tax or economic policy. | 0 |
6,861 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 9 However, it should be observed that under Article 61(1 ) of the Treaty, freedom to provide services in the field of transport is governed by the provisions of the title relating to transport, namely Article 74 et seq . of the Treaty . According to Article 75(1 ) of the Treaty, the Council is to lay down common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States, the conditions under which non-resident carriers may operate transport services within a Member State and any other appropriate provisions . | 0 |
6,862 | 70
In that regard, even if the EU rules on the granting of aid and premiums do not expressly require Member States to introduce specific supervisory measures and inspection procedures, nevertheless, such an obligation may follow, in some cases implicitly, from the fact that under the rules in question it is for the Member States to organise an effective system of inspection and supervision (see judgments of 12 June 1990, Germany v Commission , C‑8/88, EU:C:1990:241, paragraph 16; of 14 April 2005, Spain v Commission , C‑468/02, not published, EU:C:2005:221, paragraph 35, and of 24 April 2008, Belgium v Commission , C‑418/06 P, EU:C:2008:247, paragraph 70). | 68. Consequently, the second subparagraph of Article 4(5) of the Sixth Directive cannot be construed narrowly (see Isle of Wight Council and Others , paragraph 60). | 0 |
6,863 | 43. According to Article 1(j) of Regulation No 883/2004, the term ‘residence’ refers to the place where a person habitually resides. That term has an autonomous meaning specific to EU law (see, by analogy, Case C‑90/07 Swaddling EU:C:1999:96, paragraph 28). | 12 The same reasoning may be applied where a member waives a claim which he has against his company and which arose from the provision of sums to clear off losses incurred by that company. Such a transaction amounts in effect to taking over all or part of the company' s losses. | 0 |
6,864 | 52. The Court has held previously that Article 10(2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1), now Article 63 of the VAT Directive, meets those criteria (see, to that effect, Case C-10/92 Balocchi [1993] ECR I-5105, paragraphs 34 and 35). It has held the same in respect of Article 73 of the VAT Directive ( Balkan and Sea Properties , paragraph 61). | 12 FURTHERMORE , IT MUST BE NOTED THAT WHILST MEASURES OF A PURELY PREPARATORY CHARACTER MAY NOT THEMSELVES BE THE SUBJECT OF AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID , ANY LEGAL DEFECTS THEREIN MAY BE RELIED UPON IN AN ACTION DIRECTED AGAINST THE DEFINITIVE ACT FOR WHICH THEY REPRESENT A PREPARATORY STEP .
| 0 |
6,865 | 38. Moreover, it should be recalled that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify the failure to observe obligations arising under Community law (see Commission v Italy , paragraph 25, and case-law cited). | 17 THIS DOES NOT APPLY TO THE FIXING OF A REASONABLE PERIOD OF LIMITATION WITHIN WHICH AN ACTION MUST BE BROUGHT .
| 0 |
6,866 | 40. It is also settled case-law that the right to deduct must be exercised immediately in respect of all the taxes charged on transactions relating to inputs (see, in particular, Case 50/87 Commission v France [1988] ECR 4797, paragraphs 15 to 17; Case C‑37/95 Ghent Coal Terminal [1998] ECR I‑1, paragraph 15; Gabalfrisa and Others , paragraph 43; and Bockemühl , paragraph 38). | 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 |
6,867 | 41. Finally, contrary to the Commission’s submissions, it is clear from the Court’s settled case-law that the tax legislation of the Member States is capable of falling within Article 64(1) TFEU (see, inter alia, judgments in Test Claimants in the FII Group Litigation , C‑446/04, EU:C:2006:774, paragraphs 174 to 196; Holböck , C‑157/05, EU:C:2007:297, paragraphs 37 to 45; and Prunus and Polonium , C‑384/09, EU:C:2011:276, paragraphs 27 to 37). | 22 In that regard, French legislation authorises the national customs authorities, on an application from the proprietor of the right in designs of spare parts for motor vehicles, to detain spare parts presumed to be counterfeit goods for a period of 10 days during which the applicant may refer the matter to the competent national courts. The Court is bound to conclude that such detention, which delays the movement of goods and, if the competent court rules that they are to be confiscated, may block their movement completely, has the effect of restricting the free movement of goods. | 0 |
6,868 | 22
Secondly, the formulation of the question referred for a preliminary ruling seems to suggest that the referring court starts from the premiss that the goods and services offered by Együd Garage are identical to those for which that mark is registered. In that regard, it follows from the case-law of the Court that the use in advertisements of a car trade mark to inform the public that a third party carries out the repair and maintenance of authentic cars bearing that mark should be assessed, in principle, having regard to Article 5(1)(a), even where that mark has not been registered for that service (see, to that effect, judgment in BMW, C‑63/97, EU:C:1999:82, paragraphs 33, 34 and 37 to 39). | 33 Nevertheless, since the refund of excess VAT is one of the fundamental factors ensuring the application of the principle of neutrality of the common system of VAT, the conditions determined by the Member States cannot undermine that principle by making the taxable person, in whole or in part, bear the burden of the VAT. | 0 |
6,869 | 96. In that regard, it follows from that case-law that that obligation is not satisfied if the Commission’s complaints are set out in the application only in the form of a reference to the grounds stated in the formal letter and in the reasoned opinion, or again in the part of the application devoted to the legal background (see, to that effect, inter alia, Case C-52/90 Commission v Denmark [1992] ECR I-2187, paragraphs 17 and 18; Case C-375/95 Commission v Greece [1997] ECR I-5981, paragraph 35; and Case C-202/99 Commission v Italy [2001] ECR I-9319, paragraphs 20 and 21). | 23. Further, as regards the term ‘poultry’, which is not specifically defined by Directive 96/61, it should be borne in mind that the usual meaning of that word describes all those birds farmed for their eggs or their meat. Quails, partridges and pigeons are species of birds which may be farmed for the consumption of their eggs or their meat. | 0 |
6,870 | 23. In this respect it is true that the mere exercise of the right of ownership by its holder cannot, in itself, be regarded as constituting an economic activity (see, to that effect, judgment in Słaby and Others , C-180/10 and C-181/10, EU:C:2011:589, paragraph 36). Furthermore, from that point of view, the fact that the subject-matter of the sale was acquired by the taxable person using his personal resources cannot have a decisive effect. | 25 The answer to that question must be negative since according to Directive 83/189 technical regulations are specifications defining the characteristics of products and Article 4 is confined to laying down conditions governing the establishment of security firms. | 0 |
6,871 | 14. According to equally settled case-law, the term ‘pay’ referred to in Article 141 EC and Article 1 of Directive 75/117 comprises any other consideration, in cash or in kind, present or future, provided that the worker receives it, even indirectly, in respect of his employment from his employer (see in particular Case C-262/88 Barber [1990] ECR I-1889, paragraph 12; and Brunnhofer , cited above, paragraph 33). | Eu égard à la présence de la clause réservant la compétence d’exécution au Conseil et à sa justification dans les règlements
antérieurs au règlement n° 267/2012, l’existence de cette compétence du Conseil pouvait être connue comme faisant partie du
contexte dans lequel l’acte en cause a été adopté et être considérée comme dûment justifiée, au sens de l’article 291, paragraphe
2, TFUE (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 64). | 0 |
6,872 | 72. On this point it must be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of, or assessment of the validity of, a provision of Community law that is sought by the court making the reference bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-415/93 Bosman [1995] ECR I-4921, paragraphs 59 to 61, Case C-36/99 Idéal tourisme [2000] ECR I-6049, paragraph 20, and Case C-137/00 Milk Marque and National Farmers’ Union [2003] ECR I-0000, paragraph 37). | 45. Secondly, neither Directive 2005/36 nor any other measure implementing the fundamental freedoms lays down rules, concerning access to activities in the pharmacy field, which seek to set the conditions for opening new pharmacies in Member States. | 0 |
6,873 | 34. On the other hand, the term ‘employee’ for the purpose of EU law must itself be defined according to objective criteria that characterise the employment relationship, taking into consideration the rights and responsibilities of the persons concerned. In that connection, it is settled case-law that the essential feature of that relationship is that for a certain period of time one person performs services for and under the direction of another person in return for which he receives remuneration (see judgments in N ., C‑46/12, EU:C:2013:97, paragraph 40 and the case-law cited, and Haralambidis , C‑270/13, EU:C:2014:2185, paragraph 28). | 28. Any person who pursues activities that are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must this be regarded as a ‘worker’ within the meaning of Article 45 TFEU. According to the case-law of the Court, the essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see judgments in Lawrie-Blum , 66/85, EU:C:1986:284, paragraph 17, and Petersen , C‑544/11, EU:C:2013:124, paragraph 30). | 1 |
6,874 | 21. In the main proceedings, it must be observed that the effect of imposing an MPU is that it will be impossible, in any event, for the retail selling price of wines, produced locally or imported, to be lower than the obligatory minimum price. Such a measure is therefore liable to undermine competition by preventing some producers or importers from taking advantage of lower cost prices so as to offer more attractive retail selling prices (see, to that effect, judgments in Commission v France , C‑197/08, EU:C:2010:111, paragraph 37, and Commission v Ireland , C‑221/08, EU:C:2010:113, paragraph 40). | 60
Indeed, as the remedy provided for in Article 27(1) of the Dublin III Regulation can be applied, as a matter of principle, only in a situation where the requested Member State has accepted, either explicitly, in accordance with Article 22(1) of that regulation, or implicitly, under Article 22(7) thereof, that fact cannot, in general, lead to a limitation of the scope of judicial review provided for in Article 27(1) (see, to that effect, judgment delivered today, A.S., C‑490/16, paragraphs 33 and 34). | 0 |
6,875 | 61. Thirdly, as the Advocate General observed in points 70 and 71 of his Opinion, the fact that the allocation of the financial risks for certain parts of the SPILcentrum project and responsibility for the development of public spaces could have been finally decided after the opinion of 23 April 2002 is not crucial. In the light of the Court’s case-law, neither of those two specific features of the Doornakkers centre project can be regarded as substantially different in character from those initially envisaged (see, to that effect, Commission v France , paragraph 44, and Case C‑454/06 pressetext Nachrichtenagentur [2008] ECR I-4401, paragraphs 34 to 37). | 107. Second, it is apparent from the explanations of the Italian Government that, since the grant of tenure as a result of teachers’ progressing up the ranking list is dictated by the overall duration of the fixed-term employment contracts and by the posts that have in the meantime become vacant, such grant depends, as the Commission has correctly asserted, on fortuitous and unpredictable circumstances. | 0 |
6,876 | 27. In that context, the referring court raises a question, in particular, as to the interpretation of the criterion — established by the judgment in Danosa (C‑232/09, EU:C:2010:674) for determining whether a member of a board of a company has the status of worker within the meaning of EU law — of carrying out an activity under the direction or supervision of another body of such a company. | 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 |
6,877 | 66. The Court has already held that it follows from Article 62(1) of Regulation No 40/94 that, following the examination as to the merits of the appeal, the Board of Appeal is to decide on it and that, in doing so, it may ‘exercise any power within the competence of the department which was responsible for the contested decision’, that is to say, in the present case, give a decision itself on the opposition by either rejecting it or declaring it to be founded, thereby either upholding or reversing the contested decision (Case C-29/05 P OHIM v Kaul [2007] ECR I-2213, paragraph 56). | 55. Moreover, national legislation constitutes a restriction where it makes the pursuit of an activity subject to a condition which is linked to the economic or social needs for that activity, since it tends to limit the number of service providers (see, to that effect, Hartlauer , paragraph 36). | 0 |
6,878 | 25. It follows that, as regards the application of Directive 2003/88, the concept of a ‘worker’ may not be interpreted differently according to the law of Member States but has an autonomous meaning specific to EU law (judgment in Union syndicale Solidaires Isère , C‑428/09, EU:C:2010:612, paragraph 28). | 28. The consequence of that fact is that, for the purposes of applying Directive 2003/88, that concept may not be interpreted differently according to the law of Member States but has an autonomous meaning specific to European Union law. The concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see, by analogy, for the purposes of Article 39 EC, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and also Case C‑138/02 Collins [2004] ECR I‑2703, paragraph 26). | 1 |
6,879 | 33
As the Court has held on several occasions, it follows from a literal, contextual and teleological interpretation of Directive 2004/38 that the directive governs only the conditions determining whether a Union citizen can enter and reside in Member States other than that of which he is a national and does not confer a derived right of residence on third-country nationals who are family members of a Union citizen in the Member State of which that citizen is a national (see, to that effect, judgments of 12 March 2014, O. and B., C‑456/12, EU:C:2014:135, paragraph 37, and of 10 May 2017, Chavez-Vilchez and Others, C‑133/15, EU:C:2017:354, paragraph 53). | 19. In all proceedings in which sanctions, especially fines or penalty payments, may be imposed, observance of the rights of the defence is a fundamental principle of Community law which must be complied with even if the proceedings in question are administrative proceedings (Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 9). | 0 |
6,880 | 33
It is also settled case-law that, although recourse to Article 114 TFEU as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade as a result of divergences in national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 61; Arnold André, C‑434/02, EU:C:2004:800, paragraph 31; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 30; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 38; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 33). | 41
The Framework Decision aims to introduce a simplified system of surrender directly between judicial authorities that seeks to replace a traditional system of cooperation between sovereign States – involves action and assessment by a sovereign – in order to ensure the free circulation of court decisions in criminal matters, within an area of freedom, security and justice. | 0 |
6,881 | 36. By contrast, activities which fall within the exercise of public powers are not of an economic nature justifying the application of the FEU Treaty rules of competition (see, to that effect, Case 107/84 Commission v Germany [1985] ECR 2655, paragraphs 14 and 15; Case C-364/92 SAT Fluggesellschaft [1994] ECR I-43, paragraph 30; and MOTOE , paragraph 24). | 49. Accordingly, national rules, formulated in terms of general and abstract criteria, may not refuse or restrict to a disproportionate extent the compensation to be made available to a passenger by compulsory insurance against civil liability in respect of the use of motor vehicles solely on the basis of his contribution to the occurrence of the loss which arises. It is only in exceptional circumstances that the amount of compensation may be limited on the basis of an assessment of that particular case ( Candolin and Others , paragraphs 29, 30 and 35; Farrell , paragraph 35; Carvalho Ferreira Santos , paragraph 38; and Ambrósio Lavrador and Olival Ferreira Bonifácio , paragraph 29). | 0 |
6,882 | 36
Moreover, Article 226 of the VAT Directive states that, without prejudice to the particular provisions of that directive, only the details mentioned in that article are required for VAT purposes on invoices issued pursuant to Article 220 of that directive (see, to that effect, judgment of 15 September 2016, Barlis 06 — Investimentos Imobiliários e Turísticos, C‑516/14, EU:C:2016:690, paragraph 25). | 38. Dès lors, les obligations imposées par le régime portuaire espagnol aux entreprises de manutention de marchandises pour exercer leur activité dans les ports espagnols d’intérêt général constituent une restriction à la liberté d’établissement au sens de l’article 49 TFUE.
Sur les justifications de la restriction
Argumentation des parties | 0 |
6,883 | 34. It must be also be borne in mind that, according to settled case-law, although direct taxation is a competence of the Member States, they must none the less exercise it consistently with Community law (see, inter alia, Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 29; Case C-196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I-7995, paragraph 40; Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraph 36; and Case C-379/05 Amurta [2007] ECR I-9569, paragraph 16). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,884 | 63. As regards the consequences flowing from the unlawful nature of the exclusion of a certain number of operators from tender procedures for the award of existing licences, it is for the national legal order to lay down detailed procedural rules to ensure the protection of the rights which those operators derive by direct effect of Community law, provided, however, that those detailed rules are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not make it excessively difficult or impossible in practice to exercise the rights conferred by Community law (principle of effectiveness) (see Case C‑453/99 Courage and Crehan [2001] ECR I‑6297, paragraph 29, and Joined Cases C‑392/04 and C‑422/04 i‑21 Germany and Arcor [2006] ECR I‑0000, paragraph 57). In that connection, appropriate courses of action could be the revocation and redistribution of the old licences or the award by public tender of an adequate number of new licences. In any case, it should nevertheless be noted that, in the absence of a procedure for the award of licences which is open to operators who have been unlawfully barred from any possibility of obtaining a licence under the last tender procedure, the lack of a licence cannot be a ground for the application of sanctions to such operators. | 32. Conformément à une jurisprudence constante de la Cour, la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité (arrêts du 14 avril 2011, Commission/Pologne, C-331/09, Rec. p. I-2933, point 54, ainsi que du 28 juillet 2011, Diputación Foral de Vizcaya e.a./Commission, C‑471/09 P à C-473/09 P, point 100). Partant, l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288, quatrième alinéa, TFUE, de prendre toutes les mesures propres à assurer l’exécution de ladite décision (voir, notamment, arrêts du 26 juin 2003, Commission/Espagne, C-404/00, Rec. p. I-6695, point 21, et Commission/Pologne, précité, point 55). | 0 |
6,885 | 44. As the Court has repeatedly held in this context, where a subsequent verification does not allow confirmation of the origin of the goods as stated in the EUR.1 certificate, it must be concluded that those goods are of unknown origin and that the EUR.1 certificate and the preferential tariff were therefore wrongly granted (Case C‑12/92 Huygen and Others [1993] ECR I-6381, paragraphs 17 and 18; Joined Cases C‑153/94 and C‑204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraph 16; and Beemsterboer Coldstore Services , paragraph 34). | 27 BEFORE ADOPTING SUCH MEASURES THE MEMBER STATE CONCERNED IS REQUIRED TO SEEK THE APPROVAL OF THE COMMISSION , WHICH MUST BE CONSULTED AT ALL STAGES OF THE PROCEDURE . IT SHOULD BE NOTED THAT THESE REQUIREMENTS , WHICH WERE ORIGINALLY DEFINED DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION , MUST BE CONSIDERED HENCEFORTH IN A NEW SETTING , CHARACTERIZED BY THE EXCLUSIVE POWERS OF THE COMMUNITY ON THIS SUBJECT AND BY THE FULL EFFECT OF THE RELEVANT RULES OF COMMUNITY LAW , WITHOUT PREJUDICE TO THE TRANSITIONAL PROVISIONS OF ARTICLES 100 , 101 AND 103 OF THE ACT OF ACCESSION , THE APPLICATION OF WHICH IS HOWEVER NOT AT ISSUE IN THIS CASE .
| 0 |
6,886 | 19. Furthermore, in so far as Regulation No 44/2001 now replaces, in relationships between Member States, the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36), as amended by the successive conventions relating to the accession of new Member States to that convention (‘the Brussels Convention’), the interpretation provided by the Court in respect of the provisions of the Brussels Convention is also valid for those of the regulation whenever the provisions of those instruments may be regarded as equivalent ( ÖFAB , paragraph 28). This applies to Article 5(1)(a) and (3) of the regulation in relation to Article 5(1) and (3) respectively of the Brussels Convention (see, to that effect, ÖFAB , paragraph 29). | 62. The French Republic having failed to take the measures necessary to cancel future aid payments and to recover the amounts of aid already paid within the periods prescribed, it also failed to fulfil its obligation, set out in Article 5 of the decision at issue, to inform the Commission of the measures taken within two months of the notification of the decision at issue. | 0 |
6,887 | 47. It is only where the European Union intends to implement a particular obligation assumed in the context of the WTO or where the European Union measure refers expressly to specific provisions of the WTO agreements that the Court can review the legality of the European Union measure at issue in the light of the WTO rules (see, with regard to the General Agreement on Tariffs and Trade of 1947, the judgments in Fediol v Commission , 70/87, EU:C:1989:254, paragraphs 19 to 22; Nakajima v Council , EU:C:1991:186, paragraph 31, and, with regard to the WTO agreements, the judgments in Portugal v Council , EU:C:1999:574, paragraph 49; Biret International v Council , EU:C:2003:517, paragraph 53, and Van Parys , EU:C:2005:121, paragraph 40). | 25. That is the position in the case of a two-year time-limit since, in principle, that enables any normally attentive taxable person validly to assert the rights derived from EU law (see, to that effect, Alstom Power Hydro , paragraphs 20 and 21). This is true also of a two-year time-limit in respect of the right to a refund of VAT paid, but not due, to the tax authority. | 0 |
6,888 | 59
It must be recalled in that regard that the Member States are required to comply with the principle of proportionality not only as regards the determination of factors constituting an infringement and the determination of the rules concerning the severity of fines, but also as regards the assessment of the factors which may be taken into account in the fixing of a fine (see, inter alia, judgments of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraph 54, and of 19 October 2016, EL-EM-2001, C‑501/14, EU:C:2016:777, paragraph 41). | 24 In reply to the question submitted for a preliminary ruling, viewed in that context, it must be emphasized first of all that the concept of "imperviousness" has been developed in connection with actions for unfair competition directed against persons who are not parties to agreements granting exclusive sales licenses, fixed price agreements or agreements establishing a selective distribution system. In such proceedings for unfair competition, the question of the validity of the contract under Article 85 of the Treaty arises in the form of a preliminary issue. A manufacturer can allege that a third party has been involved in the breach of a contractual obligation only if that obligation itself is valid under Article 85. That does not mean that it is necessary, on the other hand, in order to appraise the lawfulness of an agreement under Article 85 of the Treaty, to enquire whether the conditions are fulfilled for that agreement to be capable of being enforced against third parties by means of an action for unfair competition. | 0 |
6,889 | 43. Furthermore, although the Court has held that environmental objectives form part of the objectives pursued by Regulation No 2078/92, it has also stated that the promotion of more environmentally-friendly forms of production — which is certainly a genuine objective — remains an ancillary one (see, to that effect, judgment in Huber EU:C:2002:509, paragraphs 32 and 36). | 90 In the present case, the Italian laws on TWECs amount to an aid programme. The contested decision contains the requisite analysis of the programme and its effects. | 0 |
6,890 | 52
The fact that, as is apparent from Article 7(2) of Directive 2000/78, Member States are not required to maintain or adopt measures such as those provided for under that provision, but have discretion in that regard, does not permit the conclusion that rules adopted by Member States, such as those at issue in the main proceedings, fall outside the scope of EU law (see, by analogy, judgments of 21 December 2011, N. S. and Others, C‑411/10 and C‑493/10, EU:C:2011:865, paragraphs 64 to 69, and of 22 October 2013, Sabou, C‑276/12, EU:C:2013:678, paragraph 26). | 67. In addition, Article 3(2) of Regulation No 343/2003 states that the derogation from the principle laid down in Article 3(1) of that regulation gives rise to the specific consequences provided for by that regulation. Thus, a Member State which decides to examine an asylum application itself becomes the Member State responsible within the meaning of Regulation No 343/2003 and must, where appropriate, inform the other Member State or Member States concerned by the asylum application. | 1 |
6,891 | 61. In that regard, it should be borne in mind that the concept of ‘waste’ within the meaning of Directive 75/442 cannot be interpreted restrictively (see ARCO Chemie Nederland and Others , paragraphs 37 to 40, and Palin Granit , paragraph 23). It should also not be understood as excluding substances and objects which are capable of economic reuse. The system of supervision and management established by Directive 75/442 is intended to cover all objects and substances discarded by their holders, even if they have a commercial value and are collected on a commercial basis for recycling, reclamation or reuse (see Palin Granit , paragraph 29). | 40 On the other hand, it is not negotiation where one of the parties entrusts to a sub-contractor some of the clerical formalities related to the contract, such as providing information to the other party and receiving and processing applications for subscription to the securities which form the subject-matter of the contract. In such a case, the subcontractor occupies the same position as the party selling the financial product and is not therefore an intermediary who does not occupy the position of one of the parties to the contract, within the meaning of the provision in question. | 0 |
6,892 | 13. It must be pointed out directly that although the French version of Article 57 suggests that adaptations thereunder must be made prior to accession – ‘avant l’adhésion’ – that temporal restriction is not in fact, as is clear from the other language versions of that provision, placed on recourse to Article 57 but on the date of the acts to be amended (see, to that effect, in respect of the identical provision in the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21, hereinafter ‘the 1994 Act of Accession’), Case C‑259/95 Parliament v Council [1997] ECR I‑5303, paragraphs 12 to 22). | 38 In order to determine whether the dual legal basis contended for by the Parliament was necessary, it is appropriate to consider whether, according to its aim and content, as they appear from its actual wording, the contested decision is concerned, indissociably, both with industry and with culture (see, to that effect, Case C-300/89 Commission v Council [1991] ECR I-2867, paragraph 13). | 0 |
6,893 | 32. As regards the wording of Article 46a(3)(c) of Regulation No 1408/71, the Court has held that even though a comparison of the different language versions of the term ‘voluntary insurance or continued optional insurance’ reveals variations, they in any case show an intention to cover every type of insurance incorporating a voluntary element (see judgment in Liégeois , 93/76, EU:C:1977:50, paragraphs 12 to 14). | 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 |
6,894 | 54. Where, during the genuine residence of the Union citizen in the host Member State, pursuant to and in conformity with the conditions set out in Article 7(1) and (2) of Directive 2004/38, family life is created or strengthened in that Member State, the effectiveness of the rights conferred on the Union citizen by Article 21(1) TFEU requires that the citizen’s family life in the host Member State may continue on returning to the Member of State of which he is a national, through the grant of a derived right of residence to the family member who is a third‑country national. If no such derived right of residence were granted, that Union citizen could be discouraged from leaving the Member State of which he is a national in order to exercise his right of residence under Article 21(1) TFEU in another Member State because he is uncertain whether he will be able to continue in his Member State of origin a family life with his immediate family members which has been created or strengthened in the host Member State (see, to that effect, Eind , paragraphs 35 and 36, and Iida , paragraph 70). | 92
Such an application of that Article 100, entitled ‘Procedure’, is all the more justified since it complies with the principle that procedural rules are immediately applicable (see, in particular, judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 98, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 98). | 0 |
6,895 | 52. S’agissant, en particulier, des effets juridiques obligatoires d’une décision d’ouvrir la procédure prévue à l’article 88, paragraphe 2, CE à l’égard d’une mesure en cours d’exécution et qualifiée d’aide nouvelle, une telle décision modifie nécessairement la situation juridique de la mesure considérée, ainsi que celle des entreprises qui en sont bénéficiaires, notamment en ce qui concerne la poursuite de sa mise en œuvre. Après l’adoption d’une telle décision, il existe à tout le moins un doute important sur la légalité de cette mesure qui doit conduire l’État membre à en suspendre le versement, dès lors que l’ouverture de la procédure prévue à l’article 88, paragraphe 2, CE exclut une décision immédiate concluant à la compatibilité avec le marché commun qui permettrait de poursuivre régulièrement l’exécution de ladite mesure. Une telle décision pourrait être invoquée devant un juge national appelé à tirer toutes les conséquences découlant de la violation de l’article 88, paragraphe 3, dernière phrase, CE. Enfin, elle est susceptible de conduire les entreprises bénéficiaires de la mesure à refuser en tout état de cause de nouveaux versements ou à provisionner les sommes nécessaires à d’éventuels remboursements ultérieurs. Les milieux d’affaires tiendront également compte, dans leurs relations avec lesdits bénéficiaires, de la situation juridique et financière fragilisée de ces derniers (voir arrêt du 9 octobre 2001, Italie/Commission, C‑400/99, Rec. p. I‑7303, point 59). | 61
In that regard, it should be borne in mind that it is sufficient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participation in those meetings was without any anticompetitive intention by demonstrating that it had indicated to its competitors that it was participating in those meetings in a spirit that was different from theirs (judgment in Aalborg Portland and Others v Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6, paragraph 81). | 0 |
6,896 | 59. As the Court observed in paragraph 59 of the judgment in Case C‑392/02 Commission v Denmark [2005] ECR I-9811, it follows from Articles 217, 218 and 221 of the Customs Code that the abovementioned conditions are met when the customs authorities have the necessary particulars and, therefore, are in a position to calculate the amount of duties and determine the debtor (see, to that effect, Commission v Netherlands , paragraph 71, and Case C‑104/02 Commission v Germany [2005] ECR I-2689, paragraph 80). The Member States may not dispense with determining claims, even where these are disputed; otherwise, it would have to be accepted that the financial equilibrium of the Communities may be disrupted by the conduct of a Member State ( Commission v Denmark , paragraph 60). | 44. Consequently, the principle of effectiveness precludes a system such as that at issue in the main proceedings. | 0 |
6,897 | 60
The Court has also held that, provided that the conditions for recourse to Article 114 TFEU as a legal basis are fulfilled, the EU legislature cannot be prevented from relying on that legal basis on the ground that public health protection is a decisive factor in the choices to be made (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 62; Arnold André, C‑434/02, EU:C:2004:800, paragraph 32; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 31; and Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 39). | 47. A standard term which allows such a unilateral adjustment must, however, meet the requirements of good faith, balance and transparency laid down by those directives. | 0 |
6,898 | 30. Finally, the objectives underlying Article 3(1) of Regulation No 2988/95 are relevant. In that regard, the period referred to in this provision clearly seeks to ensure legal certainty for economic operators (see, to that effect, judgments in Handlbauer , C‑278/02, EU:C:2004:388, paragraph 40, and SGS Belgium and Others , C‑367/09, EU:C:2010:648, paragraph 68). Those operators must be in a position to determine which among their transactions are definitive and which may still be the subject of legal proceedings (judgment in Pfeifer & Langen , C‑52/14, EU:C:2015:381, paragraphs 24 and 64). | 41 Having regard to the specific difficulties of the markets in cotton and wool textiles and in footwear, the Commission' s assertion that any aid granted to a particular competitor runs the risk of seriously distorting the conditions of competition does not appear to be mistaken. | 0 |
6,899 | 41. With respect, first, to Directive 2004/38, it must be recalled that it is not all third country nationals who are family members of a Union citizen who derive rights of entry into and residence in a Member State from that directive, but only those who are family members of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than the Member State of which he is a national (Case C-127/08 Metock and Others [2008] ECR I-6241, paragraph 73, and Case C-256/11 Dereci and Others [2011] ECR I-11315, paragraph 56). | 148. However, that is a complaint directed against a ground included in the judgment purely for the sake of completeness which cannot lead to the judgment being set aside and is therefore nugatory (see, in particular, Case C-184/01 P Hirschfeldt v EEA [2002] ECR I-10173, paragraph 48 and the case-law cited). | 0 |
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