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6,900 | 40 THE FACT THAT BEFORE THE CHANGES IN THE WORLD-MARKET CONDITIONS OCCURRED IN 1974 THE COUNCIL APPLIED A DIFFERENT POLICY FOR A LONG PERIOD DOES NOT CONFER UPON THE PRODUCERS AND PROCESSING UNDERTAKINGS INVOLVED ANY ENTITLEMENT TO PRESERVATION OF SUCH ADVANTAGES AS THE ESTABLISHED POLICY MAY HAVE ALLOWED THEM ; NOR DOES THAT FACT IMPOSE ANY LIMITATION ON THE FREEDOM OF THE COMMISSION AND THE COUNCIL TO ADJUST THEIR POLICY IN STEP WITH DATA REFLECTING THE EVOLUTION OF THE MARKET AND WITH THE OBJECTIVES PURSUED . IN THIS CONNECTION IT IS SUFFICIENT TO REFER TO THE JUDGMENTS OF 13 NOVEMBER 1973 ( CITED ABOVE , PARAGRAPH 12 OF THE DECISION ) AND 2 JUNE 1976 ( JOINED CASES 56 TO 60/74 KAMPFFMEYER AND OTHERS ( 1976 ) ECR 711 , PARAGRAPH 13 OF THE DECISION ). IN PARTICULAR , THE INTENTION EVINCED IN THE EIGHTH RECITAL IN THE PREAMBLE TO REGULATION NO 2727/75 IS NOT TO BE REGARDED AS THE EXPRESSION OF A RULE OF LAW OF WHICH OBSERVANCE IS THEREFORE MANDATORY FOR THE INSTITUTIONS .
| 13 SINCE THE MATTER DEALS WITH A LEGISLATIVE ACT INVOLVING CHOICES OF ECONOMIC POLICY , THERE IS NO LIABILITY ON THE PART OF THE COMMUNITY FOR DAMAGE WHICH INDIVIDUALS MAY HAVE SUFFERED BY REASON OF THIS ACT , BEARING IN MIND THE PROVISIONS OF ARTICLE 215 , SECOND PARAGRAPH , OF THE TREATY , UNLESS THERE IS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF A SUPERIOR RULE OF LAW PROTECTING THE INDIVIDUAL .
IN CREATING A SYSTEM OF AIDS INTENDED TO FAVOUR THE PRODUCTION OF DURUM WHEAT IN THE COMMUNITY THE INSTITUTIONS SOUGHT TO ATTAIN SEVERAL OF THE OBJECTIVES IN ARTICLE 39 , IN PARTICULAR ENSURING THE AVAILABILITY OF SUPPLIES IN THE COMMON MARKET AND THE STABILITY OF THE MARKET BY ENCOURAGING THE CULTIVATION OF DURUM WHEAT WHICH IS SHOWING AN UNFAVOURABLE BALANCE AS COMPARED WITH THAT OF COMMON WHEAT .
THE CONCEPT OF STABILIZATION OF THE MARKETS CANNOT COVER THE MAINTENANCE AT ALL COSTS OF POSITIONS ALREADY ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS . BY TEMPORARILY GIVING PRIORITY TO SOME OF THE OBJECTIVES OF ARTICLE 39 , AS COMPARED WITH THE MAINTENANCE OF ESTABLISHED POSITIONS , THE INSTITUTIONS DID NOT INFRINGE THE PROVISIONS OF THE TREATY CITED BUT HAVE EXERCISED THEIR POWERS IN THE CONTEXT OF A COMMON AGRICULTURAL POLICY IN A SUCCESSFUL WAY FOR THE POLICY HAS CONTRIBUTED TO A CONSIDERABLE LOCAL INCREASE IN THE PRODUCTION OF DURUM WHEAT .
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6,901 | 41. Furthermore, as regards the term ‘employee’, the Court has held in its interpretation of Article 45 TFEU and a number of EU legislative acts, such as Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1), that the essential feature of an employment relationship is that for a certain period of time one person performs services for and under the direction of another in return for which he receives remuneration (see, in the context of the freedom of movement for workers, judgment in Lawrie-Blum , 66/85, EU:C:1986:284, paragraphs 16 and 17, and, in the context of Directive 92/85, judgment in Danosa , C‑232/09, EU:C:2010:674, paragraph 39). | 37 It should also be noted, second, that, as the Greek Government acknowledged at the hearing, the retentions referred to were also made on payment of aid to producers who were not members of the ACAs. Since those producers were not parties to the agreements made between the ACAs and their members, the retentions made in respect of them cannot have arisen from those agreements. | 0 |
6,902 | 27 It must be borne in mind at the outset that, although the Court may not, under Article 234 EC, rule upon the compatibility of a provision of domestic law with Community law or interpret domestic legislation or regulations, it may nevertheless provide the national court with an interpretation of Community law on all such points as may enable that court to determine the issue of compatibility for the purposes of the case before it (see, for example, Case C-292/92 Hünermund and Others [1993] ECR I-6787, paragraph 8; Case C-28/99 Verdonck and Others [2001] ECR I-3399, paragraph 28; Case C-399/98 Ordine degli Architetti and Others [2001] ECR I-5409, paragraph 48). | 22 AS REGARDS THE CLAIM FOR DAMAGES IN CASE 44/85, THE CANCELLATIONS IN THEMSELVES ADEQUATELY COMPENSATE FOR ANY NON-MATERIAL DAMAGE WHICH MR HOCHBAUM MAY HAVE SUFFERED IN THE CIRCUMSTANCES . THE CLAIM FOR DAMAGES IS THEREFORE DEVOID OF PURPOSE AND NO DECISION NEED BE GIVEN ON IT . | 0 |
6,903 | 51. That analysis is justified, in the first place, by the fact that the seizure and confiscation of goods upon their unlawful introduction, laid down in point (d) of the first paragraph of Article 233 of the Customs Code, constitutes a ground for the extinction of the customs debt which must be narrowly construed (see Elshani , paragraph 30). That article addresses the need to protect the Community’s own resources and that objective may not be prejudiced by creating new grounds for the extinction of a customs debt (see, to that effect, Case C‑112/01 SPKR [2002] ECR I‑10655, paragraph 31, and Elshani , paragraph 31). | 59
Although the Court considered, as regards measures provided for by a Member State in order to prevent or mitigate a series of liabilities to tax or the double taxation of profits distributed by a resident company, that the resident shareholders receiving dividends are not necessarily in a situation which is comparable to that of shareholders receiving dividends who are resident in another Member State, it also stated that, since a Member State exercises its power to tax not only over the income of resident shareholders, but also over that of non-resident shareholders, from dividends which they receive from a resident company, the situation of those non-resident shareholders becomes comparable to that of the resident shareholders (judgment of 14 December 2006, Denkavit Internationaal and Denkavit France, C‑170/05, EU:C:2006:783, paragraphs 34 and 35 and the case-law cited). | 0 |
6,904 | 31 The letting of immovable property for the purposes of Article 13B(b) of the Sixth Directive essentially involves the landlord of property assigning to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude other persons from it (see, to that effect, Commission v Ireland, paragraphs 52 to 57, and Commission v United Kingdom, paragraphs 64 to 69, cited above, and Case C-326/99 Goed Wonen [2001] ECR I-6831, paragraph 55). | 40. The Commission’s decision does contain the appropriate information to enable the French Republic to determine itself, without too much difficulty, the final aid amount to be recovered, and that amount would have to be somewhere within the range established by the Commission. | 0 |
6,905 | 33
Next, it is important to emphasise that the rights guaranteed to authors by Article 2(a) and Article 3(1) of Directive 2001/29 are preventive in nature, in the sense that any reproduction or communication to the public of a work by a third party requires the prior consent of its author (concerning the right of reproduction, see, to that effect, judgments of 16 July 2009, Infopaq International, C‑5/08, EU:C:2009:465, paragraphs 57 and 74, and of 4 October 2011, Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 162, and, concerning the right of communication to the public, see, to that effect, judgments of 15 March 2012, SCF Consorzio Fonografici, C‑135/10, EU:C:2012:140, paragraph 75, and of 13 February 2014, Svensson and Others, C‑466/12, EU:C:2014:76, paragraph 15). | 18 SINCE NEITHER VOMVYX P.V . SVOLOPOULOS AND CHR . KOUTROUBIS A.E . NOR UNICOT HELLAS A.E . PROVIDED EVIDENCE IN THAT RESPECT , THE APPLICATION MUST BE DECLARED INADMISSIBLE IN SO FAR AS THEY ARE CONCERNED .
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6,906 | 18. The questions referred to the Court partly concern the interpretation of national law and the assessment of its conformity with Community law. According to settled case-law (see, in particular, Case C-134/95 USSL No 47 di Biella [1997] ECR I-195, paragraph 17, and Case C-228/98 Dounias [2000] ECR I-577, paragraph 36) the Court does not have jurisdiction to reply to such questions, and it is therefore necessary, as a preliminary step, to define the subject-matter of this reference for a preliminary ruling. | 21 SINCE THE PURPOSE OF THE PROJECT SUBMITTED BY THE APPLICANT IS NOT TO RAISE THE PROFITABILITY OF HIS FARM BY IMPROVING PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS BUT TO IMPROVE THE PROCESSING AND MARKETING OF THOSE PRODUCTS IT DOES NOT FALL WITHIN THE SCOPE OF THE DIRECTIVE .
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6,907 | 56
In that regard, a correct application of the precautionary principle presupposes, first, identification of the potentially negative consequences for health of the substances or foods concerned, and, second, a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research (see, to that effect, judgments of 9 September 2003, Monsanto Agricoltura Italia and Others, C‑236/01, EU:C:2003:431, paragraph 113, and of 28 January 2010, Commission v France, C‑333/08, EU:C:2010:44, paragraph 92). | 113. Such measures presuppose, in particular, that the risk assessment available to the national authorities provides specific evidence which, without precluding scientific uncertainty, makes it possible reasonably to conclude on the basis of the most reliable scientific evidence available and the most recent results of international research that the implementation of those measures is necessary in order to avoid novel foods which pose potential risks to human health being offered on the market. | 1 |
6,908 | 26 However, where pathological conditions caused by pregnancy or childbirth arise after the end of maternity leave, they are covered by the general rules applicable in the event of illness (see, to that effect, Hertz, cited above, paragraphs 16 and 17). In such circumstances, the sole question is whether a female worker's absences, following maternity leave, caused by her incapacity for work brought on by such disorders, are treated in the same way as a male worker's absences, of the same duration, caused by incapacity for work; if they are, there is no discrimination on grounds of sex. | 49. The Court held that, where a contracting authority intends to conclude a contract for pecuniary interest relating to services within the material scope of Directive 92/50 with a company legally distinct from it, in whose capital it has a holding together with one or more private undertakings, the public award procedures laid down by that directive must always be applied ( Stadt Halle and RPL Lochau , paragraph 52). | 0 |
6,909 | 37. It must be recalled that, according to settled case-law, where European Union law lacks precision, it is effectively for the Member States, when they transpose a directive, to ensure that it is fully effective, whilst retaining a broad discretion as to the choice of methods (see, inter alia, Case C‑216/05 Commission v Ireland [2006] ECR I‑10787, paragraph 26). | 30. Accordingly, in order to determine which of the two articles causes a customs debt to be incurred, it is necessary first to consider whether in the factual situation in question there was removal from customs supervision for the purposes of Article 203(1) of the Customs Code. Only if that question has been answered in the negative is it possible that Article 204 of the Customs Code may apply. | 0 |
6,910 | 57. Admittedly, the employment criterion cannot be regarded as exclusive, since pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune , paragraph 44, Evrenopoulos , paragraph 20, Griesmar , paragraph 29, and Niemi , paragraph 46). Such pensions do not constitute "pay" for the purposes of Article 119 of the Treaty or Article 141 EC (see, to that effect, Beune , paragraphs 24 and 44, Griesmar , paragraph 27, and Niemi , paragraph 39). | 41. À titre liminaire, il convient de constater que, ainsi que l’ont relevé les gouvernements polonais, portugais et du Royaume-Uni, il est un principe central du système de la TVA que le droit à déduction de la TVA grevant l’acquisition de biens ou de services en amont présuppose que les dépenses effectuées pour acquérir ceux-ci font partie des éléments constitutifs du prix des opérations taxées en aval ouvrant droit à déduction. | 0 |
6,911 | 35. It is also apparent from the Court’s case‑law that that general objective may seek, more specifically, to ensure even distribution of healthcare providers throughout the national territory (see, to that effect, Blanco Pérez and Chao Gómez , paragraphs 64, 70 and 78). | 65 Moreover, the Court's case-law also shows that where, as in this case, implementation by the Council of a common policy requires it to assess a complex economic situation, its discretion is exercisable not only in relation to the nature and scope of the provisions which are to be adopted but also, to a certain extent, to the findings as to the basic facts, especially in the sense that it is free to base its assessment, if necessary, on findings of a general nature (see, in particular, SAM Schiffahrt and Stapf, paragraph 25). | 0 |
6,912 | 63
Nevertheless, as such exceptions depart from the principle of the widest possible public access to documents, they must be interpreted and applied strictly (judgments of 18 December 2007, Sweden v Commission, C‑64/05 P, EU:C:2007:802, paragraph 66, and of 21 July 2011, Sweden v MyTravel and Commission, C‑506/08 P, EU:C:2011:496, paragraph 75). | 26 MOREOVER , THE CORRESPONDENCE BETWEEN BMW BELGIUM AND SOME OF ITS DEALERS DURING THE PERIOD FROM 29 SEPTEMBER 1975 TO 20 FEBRUARY 1976 DOES NOT REVEAL ANY FACTOR SUGGESTING THAT THE CIRCULARS OF 29 SEPTEMBER 1975 WERE CONCEIVED BY THEIR AUTHORS AS IMPOSING AN EXPORT PROHIBITION APPLYING ONLY TO NON-APPROVED DEALERS . THE INDIVIDUAL LETTERS SENT BY BMW BELGIUM IN THE COURSE OF THAT CORRESPONDENCE TO SOME BELGIAN DEALERS ENGENDERED CONFUSION BETWEEN PERMITTED ACTIVITIES AND PROHIBITED ACTIVITIES AND WERE SOMETIMES WORDED IN SUCH A WAY AS TO GIVE THE IMPRESSION THAT NO EXPORT SALE , EVEN TO CONSUMERS OR THEIR AGENTS , COULD BE ALLOWED .
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6,913 | 33 According to settled case-law of the Court, the statement of reasons required by Article 190 of the EC Treaty must be appropriate to the nature of the legal measure in dispute. It must disclose in a clear and unequivocal fashion the reasoning followed by the Community institution which adopted the measure in question in such a way as to make the persons concerned aware of the justification for the measure and enable the Court to exercise its power of review (Binder, cited above, paragraph 25). | 36. The first and fourth recitals in Directive 92/12 state that the establishment and functioning of the internal market also require the free movement of goods, including those subject to excise duties and that, for that purpose, chargeability of excise duties should be identical in all the Member States. | 0 |
6,914 | 8. Il convient cependant 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 (voir, notamment, arrêts du 30 novembre 2006, Commission/Luxembourg, C‑32/05, Rec. p. I‑11323, point 22, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | À cet égard, il y a lieu de rappeler que la compétence de la Cour, dans le cadre d’un pourvoi, est limitée à l’appréciation
de la solution légale qui a été donnée aux moyens débattus devant les premiers juges (arrêt du 15 novembre 2012, Conseil/Bamba,
C‑417/11 P, EU:C:2012:718, point 40). | 0 |
6,915 | 41. The Court has already held that it is responsible for determining whether or not the alleged breach of obligations exists, even if the State concerned no longer denies the breach and recognises that any individuals who have suffered damage because of it have a right to compensation (Case C-243/89 Commission v Denmark [1993] ECR I-3353, paragraph 30). | 30 In an action for failure to fulfil obligations, brought by the Commission under Article 169 of the Treaty, whose expediency only the Commission decides, it is for the Court to determine whether or not the alleged breach of obligations exists, even if the State concerned no longer denies the breach and recognizes that any individuals who have suffered damage because of it have a right to compensation. Otherwise, by admitting their breach of obligations and accepting any ensuing liability, Member States would be at liberty at any time during Article 169 proceedings before the Court to have them brought to an end without any judicial determination of the breach of obligations and of the basis of their liability. | 1 |
6,916 | 58. That line of argument cannot be accepted. As the Advocate General, in paragraphs 101 to 103 of her Opinion, and the Commission have noted, the Court has consistently held that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order, including those resulting from the constitutional organisation of that State, to justify the failure to observe obligations arising under Community law (see, inter alia, Case C‑87/02 Commission v Italy [2004] ECR I‑5975, paragraph 38, Case C‑102/06 Commission v Austria [2006], not published in the European Court Reports, paragraph 9). | 26 That interpretation must be extended to situations where a public undertaking approves radio transmitters or receivers, whether or not they are intended to operate over the public network. | 0 |
6,917 | 141. In particular, when aid granted by a Member State strengthens the position of an undertaking compared with other undertakings competing in intra‑Community trade, the latter must be regarded as affected by that aid ( Italy v Commission , cited in paragraph 131 above, paragraph 115, and Unicredito Italiano , paragraph 56, and the case-law there cited). | 19 Although, having regard to that context, the Court held in the aforementioned judgments that section 2(a) of Annex VI to Regulation No 1408/71, together with what is now section 2(e), can, in the case of persons who resided during the six years following their 59th birthday in one or more other Member States (and as long as they reside there), make taking into account periods before the entry into force of the AOW dependent on fulfilling a supplementary condition to the effect that during the relevant periods the person in question resided in the Netherlands or pursued an activity as an employed person in that country, even though that supplementary condition is not required to be fulfilled by persons who were resident for the six years in question in the Netherlands (and who continue to be resident in that country at the time when they claim entitlement to the pension), it should however be noted that the Court considered that such periods provide a sufficient link with the Netherlands for them to be treated as periods of insurance under the AOW (see the judgment in Winter-Lutzins, paragraph 18). | 0 |
6,918 | 61. In this regard, it should be recalled first of all that the purpose of the first paragraph of Article 351 TFEU is to make clear, in accordance with the principles of international law, that application of the Treaty does not affect the commitment of the Member State concerned to respect the rights of third countries under an agreement preceding its accession and to comply with its corresponding obligations (see Case C‑324/93 Evans Medical and Macfarlan Smith [1995] ECR I‑563, paragraph 27, and Case C‑124/95 Centro-Com [1997] ECR I‑81, paragraph 56). | 13 IN REPLY TO THE QUESTION WHICH HAS BEEN REFERRED FOR A PRELIMINARY RULING , IT MUST BE STRESSED THAT REGULATION NO 1224/80 REPLACED THE CONCEPT OF ' NORMAL PRICE ' WHICH WAS THE BASIS FOR THE CALCULATION OF CUSTOMS VALUE UNDER THE PREVIOUS RULES , BY THE CONCEPT OF ' TRANSACTION VALUE ' , WHICH , AS A GENERAL RULE , IS THE PRICE ACTUALLY PAID OR PAYABLE FOR THE GOODS . UNDER THE NEW SYSTEM , THE CUSTOMS VALUE MUST THEREFORE BE CALCULATED ON THE BASIS OF THE CONDITIONS ON WHICH THE INDIVIDUAL SALE WAS MADE , EVEN IF THEY DO NOT ACCORD WITH TRADE PRACTICE OR MAY APPEAR UNUSUAL FOR THE TYPE OF CONTRACT IN QUESTION .
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6,919 | 48. It would be contrary to the context of Article 12 of Regulation No 1612/68 and the aims pursued by that article to make the exercise of the right of access to education depend on the existence of a separate right of residence of the child, assessed by reference to other provisions of that regulation (see, to that effect, Gaal , paragraph 25). | 168
Thus, although the Court has accepted, in the context particular to betting and gaming, that there may be justification for a restriction such as the granting of a monopoly to a public body entrusted, inter alia, with the task of financing social actions or welfare, it is apparent from the Court’s decisions that that has been the case only with regard to a certain number of overriding reasons relating to the public interest, such as, for example, the objectives of consumer protection and the prevention of both fraud and incitement to squander money on gambling as well as the general need to preserve public order, and in the light of certain moral, religious or cultural factors associated with betting and gaming (see to that effect, inter alia, judgments in Läärä and Others, C‑124/97, EU:C:1999:435, paragraphs 41 and 42; Liga Portuguesa de Futebol Profissional and Bwin International, C‑42/07, EU:C:2009:519, paragraphs 66, 67 and 72; and Stoß and Others, C‑316/07, C‑358/07 to C‑360/07, C‑409/07 and C‑410/07, EU:C:2010:504, paragraphs 79 and 81 to 83). | 0 |
6,920 | 75. With regard to a measure which simultaneously pursues a number of objectives or which has several components, without one being incidental to the other, the Court has held, where various legal bases of the EC Treaty are therefore applicable, that such a measure will have to be founded, exceptionally, on the various corresponding legal bases (see, to that effect, Case C-211/03 Commission v Council , paragraph 40, and Case C-94/03 Commission v Council , paragraph 36). | 36. Exceptionally, if on the other hand it is established that the act simultaneously pursues a number of objectives or has several components that are indissociably linked, without one being secondary and indirect in relation to the other, such an act will have to be founded on the various corresponding legal bases (see, to that effect, Case C-336/00 Huber [2002] ECR I-7699, paragraph 31; C-281/01 Commission v Council , cited above, paragraph 35; and Case C-211/01 Commission v Council , cited above, paragraph 40). | 1 |
6,921 | 38. It should be added that, in the face of such discrimination, observance of the principle of equal treatment can be ensured only by granting to persons within the disadvantaged category – for so long as the directive has not been correctly transposed into domestic law by the national legislature – the same advantages as those enjoyed by persons within the favoured category ( Rodríguez Caballero , paragraph 42, and Cordero Alonso , paragraph 45). | 65. However, point 37 of the 2006 Guidelines states that ‘[a]lthough these Guidelines present the general methodology for the setting of fines, the particularities of a given case or the need to achieve deterrence in a particular case may justify departing from such methodology.’ | 0 |
6,922 | 53. Second, as regards the meaning of ‘legally’ in Article 13 of Decision No 1/80, according to the case-law, this means that the Turkish worker or member of his family must have complied with the rules of the host Member State as to entry, residence and, where appropriate, employment, with the result that he is lawfully present in the territory of that State (see, inter alia, Abatay and Others , paragraph 84 and case-law there cited). Accordingly Article 13 is of no assistance to a Turkish national whose position is not lawful ( Abatay and Others , paragraph 85). | 51. Cet objectif, ainsi que la Cour l’a déjà souligné, a notamment pour objet de sauvegarder la symétrie entre le droit d’imposition des bénéfices et la faculté de déduction des pertes (voir arrêts précités Lidl Belgium, point 33, et Philips Electronics UK, point 24), en particulier afin de prévenir que le contribuable choisisse librement l’État membre où faire valoir de tels bénéfices ou de telles pertes (voir, en ce sens, arrêts précités Oy AA, point 56, et Lidl Belgium, point 34). | 0 |
6,923 | 57. In the context of the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. In that light, the Court may have to reformulate the questions referred to it (see, inter alia, Case C-334/95 Krüger [1997] ECR I-4517, paragraphs 22 and 23, and Case C-243/09 Fuß [2010] ECR I-9849, paragraph 39 and case-law cited). | 107. In particular, it must be found that an undertaking abuses its dominant position where, in a market the competition structure of which is already weakened by reason precisely of the presence of that undertaking, it operates a pricing policy the sole economic objective of which is to eliminate its competitors with a view, subsequently, to profiting from the reduction of the degree of competition still existing in the market. | 0 |
6,924 | 65. Since that provision was not repealed after the reunification of Germany either by the Treaty on European Union or by the Treaty of Amsterdam, it cannot, in the light of the objective scope of the rules of Community law, be presumed that it has been devoid of purpose since that reunification (see Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraphs 47 and 48, and Case C-334/99 Germany v Commission [2003] ECR I-1139, paragraph 116). | 60. Concernant, d’autre part, les informations relatives aux montants des intérêts, frais et commissions ainsi qu’aux conditions dans lesquelles ces montants peuvent être modifiés, la Cour a déjà considéré qu’il résulte des articles 3 et 5 ainsi que des points 1, sous j), et 2, sous b) et d), de l’annexe de la directive 93/13 que revêt une importance essentielle le point de savoir si le contrat expose de manière transparente le motif et le mode de variation des frais liés au service à fournir, de sorte que le consommateur puisse prévoir, sur le fondement de critères clairs et compréhensibles, les modifications éventuelles de ces frais (voir, en ce sens, arrêt RWE Vertrieb, C‑92/11, EU:C:2013:180, point 49). | 0 |
6,925 | 15. In addition, according to settled case-law, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. 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, the judgment in Case C‑470/11 Garkalns [2012] ECR I‑0000, paragraph 17 and the case-law cited). Questions concerning European Union law therefore enjoy a presumption of relevance ( Garkalns , paragraph 18). | 23. First, as regards the objectives of that regulation, it is clear from the 2nd, 6th, 16th and 17th recitals in the preamble that it seeks to ensure the free movement of judgments from Member States in civil and commercial matters by simplifying the formalities with a view to their rapid and simple recognition and enforcement. | 0 |
6,926 | 42 It should be added that the relatively small amount of aid or the relatively small size of the undertaking which receives it does not as such exclude the possibility that intra-Community trade might be affected (judgment in Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 43). | 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 |
6,927 | 100. It is clear from the case-law of the Court that it is, in principle, for the national courts to apply the criteria for establishing the liability of Member States for damage caused to individuals by breaches of Community law ( Brasserie du Pêcheur and Factortame , paragraph 58), in accordance with the guidelines laid down by the Court for the application of those criteria ( Brasserie du Pêcheur and Factortame , paragraphs 55 to 57; British Telecommunications , cited above, paragraph 411; Joined Cases C-283/94, C-291/94 and C-292/94 Denkavit and Others [1996] ECR I-5063, paragraph 49, and Konle , cited above, paragraph 58). | 22 Observance of the institutional balance means that each of the institutions must exercise its powers with due regard for the powers of the other institutions . It also requires that it should be possible to penalize any breach of that rule which may occur . | 0 |
6,928 | 39. It should be borne in mind, as a preliminary point, that the Court has held that the pensions provided under a scheme having features such as those of the French pension scheme for civil servants at issue in the main proceedings come within the concept of pay within the meaning of Article 141 EC (see to that effect, Griesmar , EU:C:2001:648, paragraphs 26 to 38, and Mouflin , C‑206/00, EU:C:2001:695, paragraphs 22 and 23). | 36. While it is true that that principle was developed in the context of the interpretation of provisions of European Union law with a view to assessing the compatibility of national legislation by reference to the principle of non-discrimination, the situation cannot be any different as regards the assessment of the validity of the provision of European Union law granting the Member States a margin of discretion by virtue of which they adopt such different legislation. | 0 |
6,929 | 12. In particular, the Court has held that the subject-matter of the dispute may be extended to events which took place after the reasoned opinion was delivered in so far as they are of the same kind and constitute the same conduct as the events to which the opinion referred (see Case 42/82 Commission v France [1983] ECR 1013, paragraph 20; Case C-113/86 Commission v Italy [1988] ECR 607, paragraph 11; and Case C-221/04 Commission v Spain [2006] ECR I-0000, paragraph 28). | 64. In doing that, those Courts cannot base their reasoning simply on the rules alleged by the parties. | 0 |
6,930 | 32. As regards the ninth recital in the preamble to Regulation No 1706/89, it is sufficient to recall that the preamble to a Community act has no binding legal force and cannot be relied on either as a ground for derogating from the actual provisions of the act in question or for interpreting those provisions in a manner clearly contrary to their wording (Case C-162/97 Nilsson and Others [1998] ECR I-7477, paragraph 54, and Case C-308/97 Manfredi [1998] ECR I-7685, paragraph 30). | 54 On this point, it must be stated that the preamble to a Community act has no binding legal force and cannot be relied on as a ground for derogating from the actual provisions of the act in question. | 1 |
6,931 | 23. Furthermore, in answer to the argument of the United Kingdom Government that the reference to ‘technical, economic or organisational constraints’ means that the Community legislature recognises that Member States have a margin of discretion, it should be noted that the provision relating to constraints must be understood as an expression of the principle of proportionality; accordingly, Member States are under an obligation to take measures appropriate and proportionate to the objective of giving priority to the processing of waste oils by regeneration, which is to say that the limit to that positive obligation is the existence of the technical, economic and organisational constraints referred to in Article 3(1) of the Directive ( Commission v Germany , paragraph 42). | 47. The rights of the defence are fundamental rights forming an integral part of the general principles of law whose observance the Court ensures (Joined Cases 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 Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraph 64). | 0 |
6,932 | 187. A breach of the principle of equal treatment as a result of different treatment presumes that the situations concerned are comparable, having regard to all the elements which characterise them. The elements which characterise different situations, and hence their comparability, must in particular be determined and assessed in the light of the subject matter and purpose of the European Union act which makes the distinction in question. The principles and objectives of the field to which the act relates must also be taken into account (see Case C‑127/07 Arcelor Atlantique et Lorraine and Others [2008] ECR I‑9895, paragraphs 25 and 26 and case-law cited). | 61. Thus, in the specific area of State aid, the Court has already had occasion to stress that the Commission is bound by the guidelines and notices that it issues, inasmuch as they do not depart from the rules in the Treaty and are accepted by the Member States (see, for example, Case C‑409/00 Spain v Commission , paragraphs 69 and 95, and Italy v Commission , paragraph 45, both cited above). | 0 |
6,933 | 33. In that regard, the Court has already held that the First, Second and Third Directives do not seek to harmonise the rules of the Member States governing civil liability and that, as Community law stands at present, the Member States are free to determine the rules of civil liability applicable to road traffic accidents. However, the Member States must ensure that the civil liability arising under their domestic law is covered by insurance which complies with the provisions of the three directives in question (Case C-348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I-6711, paragraphs 23 and 29, and Case C-537/03 Candolin and Others [2005] ECR I-5745, paragraph 24). | 29 It follows that, as Community law stands at present, the Member States are free to determine the type of civil liability applicable to road-traffic accidents. However, they must ensure that the civil liability arising under their domestic law is covered by insurance which complies with the provisions of the three directives in question. | 1 |
6,934 | 67. Furthermore, it is clear from the case-law of the Court that the Commission’s reasoned opinion and the action must be based on the same grounds without, however, going so far as to make it necessary that in every event they should be completely identical (see, to that effect, Case C‑417/02 Commission v Greece [2004] ECR I‑7973, paragraph 17). | 22. Where the marketing of a product is always accompanied by a minimal supply of services (such as the displaying of the products on shelves, the issuing of an invoice, etc.), only services other than those which necessarily accompany the marketing of a product may be taken into account in assessing the part played by the supply of services within the whole of a complex transaction also involving the supply of a product. | 0 |
6,935 | 32. “producer”: any economic entity responsible for the planning, production, packaging, labelling and marketing of equipment, regardless of whether it performs those tasks itself or has them carried out by someone else on its behalf. Anyone who, for the purposes of marketing, makes significant modifications or additions to existing equipment, which affect its essential characteristics, or makes new equipment out of it must also be regarded as the producer. If the producer’s head office is not situated in Hungary, the importer of the equipment must be regarded as the producer.’
15. Under Article 1(2) of Decree No 5/2004 (IV.13.) of the Ministry of Information, Technology and Communications (IHM) on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5/2004. (IV.13.) IHM rendelet a rádióberendezésekről és az elektronikus hírközlő végberendezésekről, valamint megfelelőségük kölcsönös elismeréséről) ‘the scope of this Decree covers in Hungary, in addition to the Hungarian Communications Authority, all natural or legal persons, all entities without legal personality, and all branches or representatives of undertakings whose head office is established abroad which produce, import, market (jointly, “producers”), distribute, certify, put into service and use equipment referred to in paragraph 1’.
16. According to Article 4(4) of that decree, where radio equipment uses frequencies or frequency bands which are not harmonised in the European Union, the producer must inform the competent authority, in accordance with specific provisions laid down in that regard, of its intention to market the equipment concerned in Hungary.
17. The producer must, in accordance with Article 10(6) of the decree, ‘issue a declaration that the equipment conforms to the essential requirements. For the purposes of the marketing of apparatus manufactured in Hungary, a declaration of conformity must be issued in Hungarian or in other languages, including Hungarian. Where the apparatus was not manufactured in Hungary, the declaration may be issued in an official language of any Member State of the European Union. The substantive requirements relating to the declaration of conformity are set out in Annex 6’.
The dispute in the main proceedings and the questions referred for a preliminary ruling
18. Lidl markets, in Hungary, radio equipment of the type ‘UC Babytalker 500’, manufactured by a Belgian company which affixed the ‘CE’ marking and issued a declaration of conformity for that product. That equipment uses a frequency which is not harmonised.
19. Following an inspection in 2007 at one of Lidl’s retail outlets, the Hatóság formed the view that that equipment did not satisfy the declaration of conformity provided for by Hungarian law. It consequently prohibited Lidl from marketing the equipment concerned until such time as a declaration of conformity issued in accordance with Hungarian law had been submitted. The Hatóság argued that Lidl was to be regarded as the manufacturer of the equipment since it placed the equipment on the market in Hungary.
20. Since the Hatóság did not accept the declaration of conformity issued by the Belgian manufacturer, Lidl brought an action against the decision prohibiting the marketing of that equipment, requesting its annulment.
21. Taking the view that the product concerned may, in accordance with the applicable Community directives, be marketed in all the Member States, the Fővárosi Bíróságs, in the light of the contrary opinion expressed by the defendant in the main proceedings, decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:
‘1. Can Article 8 of Directive [1999/5] be interpreted as meaning that no obligations apart from those concerning the free movement of radio equipment and telecommunications terminal equipment (“equipment”) in the directive may be laid down as regards the marketing of equipment which falls within the scope of the directive and which has ha d the “CE” marking affixed by its producer, established in another Member State?
2. Can Article 2(e) and (f) of Directive [2001/95] be interpreted, as regards obligations relating to marketing, as meaning that an entity may also be regarded as a producer if it markets equipment in a Member State (without being involved in the manufacture of the equipment) and is established in a Member State other than the one where the producer is established?
3. Can Article 2(e)(i), (ii) and (iii), and (f) of Directive [2001/95] be interpreted as meaning that the distributor of equipment manufactured in another Member State (who is not the same person as the producer) can be required to issue a declaration of conformity setting out the technical data relating to the equipment?
4. Can Article 2(e)(i), (ii) and (iii), and (f) of Directive [2001/95] be interpreted as meaning that an entity which carries out only distribution in one Member State and is established in that State, must also be regarded as the producer of the distributed equipment where the activity of the distributor does not affect the safety characteristics of the equipment?
5. Can Article 2(f) of Directive [2001/95] be interpreted as meaning that the distributor, as defined in the directive, can be required to fulfil the obligations which under the directive are required only of the producer as defined in Article 2(e), such as the issuing of a declaration of conformity as regards technical conditions?
6. Can Article 30 [EC] and the so-called mandatory requirements justify an exception to the application of the formula [derived from the judgment in Case 8/74 Dassonville [1974] ECR 837], having regard to the principles of equivalence and mutual recognition?
7. Can Article 30 [EC] be interpreted as meaning that trade in and import of goods in transit cannot be restricted for any reason other than those listed there?
8. Is the “CE” marking sufficient to satisfy the principle of equivalence or the principle of mutual recognition and the conditions of Article 30 [EC]?
9. Can the “CE” marking be interpreted as meaning that Member States are not justified in applying any other technical provisions or provisions regarding quality to equipment bearing the mark?
10. Can the provisions of Article 6(1) and of the second sentence of Article 8(2) of Directive [2001/95] be interpreted as meaning that, for the purposes of marketing of goods, the producer and the distributor can be considered to be subject to the same obligations, where the producer does not market the products?’
The questions referred for a preliminary ruling
The interpretation of Directive 1999/5
22. By its first question, the referring court seeks, essentially, to ascertain whether a Member State may, pursuant to Directive 1999/5, require an operator placing radio equipment on the national market to provide a declaration of conformity even though the manufacturer of that equipment, whose head office is situated in another Member State, has affixed the ‘CE’ marking on it and has issued a declaration of conformity for that product.
23. In that connection, it must be stated that Directive 1999/5, which establishes a legal framework for the placing on the market, free movement and putting into service in the Community of radio equipment contains, in Articles 6, 8 and 12, the rules which are relevant for the resolution of the dispute in the main proceedings.
24. Articles 6 and 8 of Directive 1999/5 ensure the free movement of apparatus which satisfy the provisions of that directive (Case C-14/02 ATRAL [2003] ECR I-4431, paragraph 50).
25. Although the Member States are required to ensure, in accordance with the first sentence of Article 6(1) of Directive 1999/5, that apparatus is placed on the market only if it complies with the appropriate essential requirements identified in that directive, the second sentence of Article 6(1) provides that they must not subject that apparatus to other national requirements in respect of placing on the market. Furthermore, Article 8(1) of that directive provides that Member States must not impede the placing on the market in their territory of apparatus bearing the ‘CE’ marking.
26. Directive 1999/5 confers a presumption of compliance on apparatus which bears the ‘CE’ marking. That marking attests the conformity of the apparatus with all the provisions of that directive, including the conformity assessment procedures provided for by that directive (see ATRAL , paragraph 51).
27. Under that scheme the ‘CE’ marking is, according to the second sentence of the first subparagraph of Article 12(1) of Directive 1999/5, affixed under the responsibility of the manufacturer, his authorised representative within the Community or the person responsible for placing the apparatus on the market.
28. Consequently, products bearing the ‘CE’ marking may be placed on the market without having to undergo a prior authorisation procedure (see, to that effect, ATRAL , paragraph 52) or any other procedure designed to multiply the number of persons required to affix the conformity marking.
29. The Member States are therefore obliged, without prejudice to the provisions of Articles 6(4), 7(2) and 9(5) of Directive 1999/5, to recognise the ‘CE’ marking affixed by one of the persons listed in Article 12(1) of that directive. To require one of those persons to provide a declaration of conformity for radio equipment on which the ‘CE’ marking has already been affixed by one of the other persons identified in Article 12(1) of Directive 1999/5 would be tantamount to impeding the placing of that product on the market by making it subject to requirements other than those laid down by Directive 1999/5.
30. It follows that Directive 1999/5 precludes national rules which, in the field harmonised by that directive, require the persons responsible for the placing on the market of a product bearing the ‘CE’ marking and accompanied by a declaration of conformity issued by the producer also to provide a declaration of conformity.
31. The fact that the producer who affixed the ‘CE’ marking is based in a Member State other than that in which the product is placed on the market has no bearing on that assessment. Indeed, the contrary is the case: since it concerns the free movement of radio equipment and the mutual recognition of the conformity of such equipment, Directive 1999/5 precisely covers that situation.
32. Furthermore, the fact that the apparatus concerned in the main proceedings uses a frequency which has not been harmonised also cannot, in the light of Article 6(4) of Directive 1999/5, alter that assessment. The procedural rule laid down in that provision merely imposes on the manufacturer, his authorised representative within the Community or the person responsible for placing the apparatus on the market the obligation to notify the national authority responsible for spectrum management of the intention to place such equipment on its national market. Although it is intended to complement the implementation of the mechanisms of Directive 1999/5 in national law, that procedural rule does not in any way confer on the Member States the power to impose additional conditions or limit the scope of the prohibition contained in the second sentence of Article 6(1) of Directive 1999/5 (see Joined Cases C‑388/00 and C-429/00 Radiosistemi [2002] ECR I‑5845, paragraph 53). | 17 That argument based on discrimination between producers in the Community cannot be accepted any more than it was accepted in the judgments in Erpelding, Leukhardt and Kuehn (at paragraphs 30, 19 and 18, respectively). | 0 |
6,936 | 159. While, in the absence of relevant Community rules, the detailed rules for implementing such measures are a matter for the domestic legal order of the Member States, under the principle of their procedural autonomy, they must, however, not be less favourable than those governing similar domestic situations (principle of equivalence) or render impossible in practice or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, in particular, Adeneler and Others , paragraph 95; Marrosu and Sardino , paragraph 52; and Vassallo , paragraph 37; also order in Vassilakis and Others , paragraph 126). | 74. However, that authorisation does not have to be obtained by the person concerned if his intervention when the communication to the public is carried out is limited, in accordance with recital 27 in the preamble to Directive 2001/29, to the mere provision of physical facilities for enabling or making the communication. | 0 |
6,937 | 18. In addition, contrary to what the applicant in the main proceedings claims, Article 45 TFEU may be relied on not only by workers themselves, but also by their employers. In order to be truly effective, the right of workers to be engaged and employed without discrimination necessarily entails as a corollary the employer’s entitlement to engage them in accordance with the rules governing freedom of movement for workers (see, to that effect, Case C‑208/05 ITC [2007] ECR I‑181, paragraph 23, and Case C‑379/11 Caves Krier Frères [2012] ECR I‑0000, paragraph 28). | 10 In that connection it should be pointed out that the Directive was adopted by the Council by unanimity under Article 100 of the EEC Treaty (amended to Article 100 of the EC Treaty, now Article 94 EC) concerning the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market. Unlike Article 100a of the EC Treaty (now, after amendment, Article 95 EC), which was inserted into the Treaty after the adoption of the Directive and allows for certain derogations, that legal basis provides no possibility for the Member States to maintain or establish provisions departing from Community harmonising measures. | 0 |
6,938 | 27
There is, however, nothing in a combined reading of the provisions of Directive 2003/87 and Decision 2011/278 to indicate that the Commission, in determining the maximum annual quantity of allowances, excluded emissions other than those attributable to electricity generators (see, to that effect, judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraphs 67, 70 and 72 to 76), a point confirmed by recitals 22 and 25 of Decision 2013/448. In particular, those recitals indicate that the Commission gathered information from the Member States and the EFTA countries participating in the EEA on whether the installations could be considered electricity generators or other installations covered by Article 10a(3) of Directive 2003/87. | 34. In that regard, it must be stated at the outset that, although direct taxation falls within the competence of the Member States, they must none the less exercise that competence consistently with EU law and, in particular, the fundamental freedoms guaranteed in the Treaty (see, to that effect, judgment in Blanco and Fabretti , Joined Cases C‑344/13 and C‑367/13, EU:C:2014:2311, paragraph 24 and the case-law cited). | 0 |
6,939 | 31. It is for the Community legislature to establish the Community system of exclusions from the right to deduct VAT and thereby to bring about the progressive harmonisation of national VAT legislation. Community law does not yet contain any provision listing the expenditure excluded from the right to deduct VAT (see, to that effect, Case C‑345/99 Commission v France [2001] ECR I-4493, paragraph 20; Metropol and Stadler , paragraph 44; and Case C‑280/04 Jyske Finans [2005] ECR I-10683, paragraph 23). | 43. It follows that a scheme providing for reduced transport fares for students comes within the scope of the FEU Treaty in so far as it enables them, directly or indirectly, to cover their maintenance costs. | 0 |
6,940 | 34 As far as the right to be a member of an occupational scheme is concerned, Article 119 requires that a worker should not suffer discrimination based on sex by being excluded from such a scheme. | 64. However, there is no provision in the basic regulation which grants the Commission, in the context of a circumvention investigation, the power to require producers or exporters referred to in a complaint to participate in the investigation or to provide information. The Commission is therefore reliant on the voluntary cooperation of the interested parties to provide it with the necessary information (judgment in Simon, Evers & Co. , C‑21/13, EU:C:2014:2154, paragraph 32). | 0 |
6,941 | 47 Third, concerning misuse of powers, it should be borne in mind that the Court has consistently held (see, inter alia, Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 69, and Case C-48/96 P Windpark Groothusen v Commission [1998] ECR I-2873, paragraph 52) that there is a misuse of powers where a Community institution adopts a measure with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case. | 31. The first subparagraph of Article 213(1) of the directive provides that every taxable person is to state when his activity as a taxable person commences, changes or ceases. However, despite the importance of that declaration for the smooth functioning of VAT, it cannot constitute an additional condition to be met in order to have the status of a taxable person within the meaning of Article 9(1) of that directive, given that Article 213 appears in Chapter 2, entitled ‘Identification’, of Title XI of the directive. | 0 |
6,942 | 17. The Sąd Najwyższy observes that the Court has held that Article 58 of the 2003 Act of Accession precludes obligations contained in Community legislation which has not been published in the Official Journal of the European Union in the language of a new Member State, where that language is an official language of the European Union, from being imposed on individuals in that State, even though those persons could have become acquainted with that legislation by other means (Case C‑161/06 Skoma-Lux [2007] ECR I‑10841, paragraphs 57 to 59, and Case C‑560/07 Balbiino [2009] ECR I‑4447, paragraph 30). | 18 It follows that, under a tariff-fixing system such as that set up by the BinnSchVG, the members of the freight commissions, although appointed by a public authority acting on a proposal from the professional associations concerned, may not be regarded as representatives of those associations, called upon to negotiate and conclude agreements on prices. | 0 |
6,943 | 20. Il importe de relever, en premier lieu, que l’article 63, paragraphe 1, TFUE interdit de façon générale les restrictions aux mouvements de capitaux entre les États membres (voir, notamment, arrêts Mattner, C‑510/08, EU:C:2010:216, point 18 et jurisprudence citée, ainsi que Missionswerk Werner Heukelbach, C‑25/10, EU:C:2011:65, point 21). | 11 It has therefore given that concept a sufficiently flexible interpretation in keeping with the objective of the directive, which is to safeguard employees in the event of a transfer of their undertaking, and has held that the directive is applicable wherever, in the context of contractual relations, there is a change in the natural or legal person who is responsible for carrying on the business and who incurs the obligations of an employer towards employees of the undertaking (see, most recently, the judgment in Case 101/87 Bork International v Foreningen af Arbejdsledere i Danmark [1988] ECR 3057, paragraph 13). | 0 |
6,944 | 164 It is not necessary, however, for details of all relevant factual and legal aspects to be given, in so far as the question whether the statement of the grounds for a decision meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question. This is a fortiori the case where the Member States have been closely associated with the process of drafting the contested measure and are thus aware of the reasons underlying that measure (see Case C-478/93 Netherlands v Commission [1995] ECR I-3081, paragraphs 49 and 50, and Case C-466/93 Atlanta Fruchthandelsgesellschaft and Others II [1995] ECR I-3799, paragraph 16). | 21 A service must be regarded as similar to those of one of the activities mentioned in that provision when they both serve the same purpose. | 0 |
6,945 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 64. In that regard, it must be held that the prohibition in question is appropriate for the purpose of ensuring road safety. | 0 |
6,946 | 31. It should be noted that any Community national who, irrespective of his place of residence and his nationality, has exercised the right to freedom of movement for workers and who has been employed in a Member State other than that of residence falls within the scope of Article 48 EC (see Case C-385/00 De Groot [2002] ECR I-11819, paragraph 76; Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-13389, paragraph 23; and Case C-277/03 Van Pommeren-Bourgondiën [2005] ECR I‑0000, paragraphs 19, 44 and 45). | 63. It is for the referring court to determine whether, in a situation such as that which arises in the main proceedings, the use which is made of the marks belonging to L’Oréal and Others is liable to affect one of the functions of those marks, such as, in particular, their functions of communication, investment or advertising. | 0 |
6,947 | S’agissant des exigences du principe d’effectivité, il convient d’examiner si un système de remboursement des sommes dues
en vertu du droit de l’Union et dont le montant a été constaté par des décisions juridictionnelles exécutoires, tel que le
système mis en place par les règles prévues à l’article XV de l’OUG n° 8/2014 et par l’arrêté n° 365/741/2014, rend excessivement
difficile ou impossible en pratique l’exercice des droits tirés de l’ordre juridique de l’Union, en tenant compte de la place
de ces règles dans l’ensemble de la procédure, du déroulement de cette dernière et des particularités de ces règles devant
les instances nationales (voir, en ce sens, arrêts du 27 juin 2013, Agrokonsulting-04, C‑93/12, EU:C:2013:432, point 48, ainsi
que du 6 octobre 2015, Târșia, C‑69/14, EU:C:2015:662, points 36 et 37). | 48. As regards, next, the principle of effectiveness, it must be recalled that, from the point of view of the analysis required by the case-law cited at paragraph 38 above, the question whether a national procedural provision renders the exercise of an individual’s rights under the European Union legal order impossible in practice or excessively difficult must be assessed taking into consideration, as appropriate, the principles which lie at the basis of the national legal system concerned, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct of the proceedings (see inter alia, to that effect, Peterbroeck , paragraph 14, and Pontin , paragraph 47). | 1 |
6,948 | 37. That advantage cannot place female workers in a specific situation vis-à-vis male workers, as men and women are in identical situations so far as concerns the conditions governing termination of employment (see, to this effect, Case 151/84 Roberts [1986] ECR 703, paragraph 36). | 38 Consequently, that argument of the Greek Government cannot be accepted. | 0 |
6,949 | 46. As to whether Decision 2011/346 contains a sufficient statement of reasons in relation to the condition that trade between Member States must be affected, referred to in Article 107(1) TFEU, it must be recalled that the Commission is not required to establish that a State measure has a real effect on trade between Member States and that competition is actually being distorted. The Commission is required only to establish that that measure is liable to have such effects (see, to that effect, judgments in Unicredito Italiano , C‑148/04, EU:C:2005:774, paragraph 54; Cassa di Risparmio di Firenze and Others , C‑222/04, EU:C:2006:8, paragraph 140; Libert and Others , C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 76; and Eventech , C‑518/13, EU:C:2015:9, paragraph 65). | 23. It follows that the Vergabekammer bei der Bezirksregierung Arnsberg must be classified as a ‘court or tribunal’ within the meaning of Article 267 TFEU, with the result that its request for a preliminary ruling is admissible.
Substance | 0 |
6,950 | 73 On the other hand, in such a case, the general obligation to identify the packaging as provided for in that national provision may be regarded as a selling arrangement. It is for the national court to verify whether the relevant conditions, under the case-law of the Court, for exempting such an obligation from the scope of application of Article 30 of the Treaty are met, namely that the provision at issue applies to all relevant traders operating within the national territory and that it affects in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States (see, in particular, Joined Cases C-267/91 and C-268/91 Keck and Mithouard [1993] ECR I-6097, paragraph 16, and Case C-254/98 TK-Heimdienst [2000] ECR I-151, paragraph 23). | 116. S’agissant de la violation des dispositions de la directive 1999/31 alléguée par la Commission à l’appui de son troisième grief, il convient, d’une part, de relever que la Cour a déjà eu l’occasion de juger que, conformément à l’article 2, sous g), de cette directive, les sites utilisés pour stocker temporairement des déchets dont la durée de stockage est supérieure à un an doivent être considérés comme étant des «décharges», au sens de ladite directive, et sont, par conséquent, soumis aux dispositions de celle-ci (arrêt Commission/Grèce, C‑286/08, EU:C:2009:543, point 81). D’autre part, l’article 2, sous g), de la directive 1999/31, lu en combinaison avec le considérant 15 de la directive 2008/98, limite à trois ans la possibilité d’exonérer un site de stockage des déchets avant valorisation ou traitement des obligations résultant de la directive 1999/31. | 0 |
6,951 | 75. As the Advocate General has stated in points 169 and 170 of her Opinion, the General Court did not commit an error of law when, in paragraphs 118 to 129 of the judgment under appeal, it recalled and applied the settled case-law of the European Union judicature that neither the 1998 Guidelines nor the Commission’s practice as regards the level of the fines imposed in competition matters infringe the principle of non-retroactivity or the principle of the protection of legitimate expectations (see Dansk Rørindustri and Others v Commission , paragraphs 217, 218 and 227 to 231; Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission , paragraph 25; and Case C‑3/06 P Groupe Danone v Commission [2007] ECR I‑1331, paragraphs 87 to 92). | 227. As already stated at paragraph 169 of this judgment in connection with the pleas alleging breach of the principle of protection of legitimate expectations, it follows from the case-law of the Court that the fact that the Commission, in the past, imposed fines of a certain level for certain types of infringement does not mean that it is estopped from raising that level within the limits indicated in Regulation No 17 if that is necessary to ensure the implementation of Community competition policy. On the contrary, the proper application of the Community competition rules requires that the Commission may at any time adjust the level of fines to the needs of that policy. | 1 |
6,952 | 32 Those conditions are described in detail in paragraphs 44 to 51 of the same judgment. First of all, under the general rule, stated in Articles 1 and 2 of Decision 89/688, octroi de mer is to apply in principle to all products whether imported into or produced in the French overseas departments. | 71
Nevertheless, according to settled case-law of the Court, ‘State aid’ does not cover State measures which differentiate between undertakings –– and which are, therefore, prima facie selective –– where that differentiation arises from the nature or overall structure of the system of which they are part, which it is for the Member State concerned to demonstrate (judgment of 9 October 2014, Ministerio de Defensa and Navantia, C‑522/13, EU:C:2014:2262, paragraph 42). | 0 |
6,953 | 48. The retention of such a functional link between the various elements transferred allows the transferee to use them, even if they are integrated, after the transfer, in a new and different organisational structure, to pursue an identical or analogous economic activity (see, to that effect, Case C‑392/92 Schmidt [1994] ECR I‑1311, paragraph 17). | Par conséquent, des restrictions peuvent être apportées à l’usage du droit de propriété, à la condition que ces restrictions
répondent effectivement à des objectifs d’intérêt général poursuivis et ne constituent pas, au regard du but poursuivi, une
intervention démesurée et intolérable qui porterait atteinte à la substance même du droit ainsi garanti (voir, en ce sens,
arrêt du 14 décembre 2004, Swedish Match, C‑210/03, EU:C:2004:802, point 72 ; arrêt du 16 novembre 2011, Bank Melli Iran/Conseil,
C‑548/09 P, EU:C:2011:735, point 114). | 0 |
6,954 | 17. However, the referring court, still implicitly relying on the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), adopts the analysis in paragraphs 66 to 81 of that judgment and consequently considers that neither the addendum at issue nor the order extending the agreement is unlawful from the point of view of Articles 102 TFEU and 106 TFEU. It also rejects, as unrelated to those articles, the complaint that the appointment of the insurer was not preceded by any call for tenders. | 10. In that regard, it should be recalled that, while national legislation such as that at issue in the main proceedings – which applies indiscriminately to Austrian nationals and to nationals of other Member States – is, generally, capable of falling within the scope of the provisions relating to the fundamental freedoms established by the FEU Treaty only to the extent that it applies to situations connected with trade between the Member States, it is far from inconceivable that nationals established in Member States other than the Republic of Austria have been or are interested in operating pharmacies in that Member State (see, to that effect, Joined Cases C‑159/12 to C‑161/12 Venturini and Others [2013] ECR, paragraph 25 and the case-law cited). | 0 |
6,955 | 65. However, the Court of Justice, which is called on to provide answers of use to the national court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment (Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraph 52, and Schönheit and Becker , paragraph 83). | 45. Finally, it should be pointed out that an extension of the circle of potential recipients to other undertakings would not make it possible to eliminate the effects of aid granted in breach of Article 88(3) EC but would rather, on the contrary, lead to an increase in the effects of that aid. | 0 |
6,956 | 26 With regard to the first plea, apart from the fact that only the sending of the letter of formal notice preceded the delivery by the Court of its judgment in Case C-119/92, it must be pointed out that, by virtue of Articles 155 and 169 of the Treaty, the Commission is the custodian of Community legality. In that capacity, its task is to ensure, in the general interest of the Community, that the Treaty is properly applied by the Member States and to note the existence of any failure to fulfil the obligations deriving therefrom, with a view to bringing it to an end (Case 167/73 Commission v France [1974] ECR 359, paragraph 15). | 23. It follows from point (a) of the first paragraph of Article 6(2) and from Article 11A(1)(c) of the Sixth Directive that the use of capital goods for the private use of a taxable person or of his staff or for purposes other than those of his business, where the input VAT paid on such goods is wholly or partly deductible, is treated as a supply of services for consideration and is taxed on the basis of the cost of providing the services (see Lennartz , paragraph 26, and Seeling , paragraph 42). | 0 |
6,957 | 66
Article 6(3) of Directive 92/43 establishes a procedure, involving prior examination, that is founded on a stringent authorisation criterion which, incorporating the precautionary principle, makes it possible to prevent in an effective manner adverse effects on the integrity of protected sites due to the plans or projects envisaged, since that criterion obliges the competent national authorities to refuse authorisation for a plan or project where doubts remain as to the absence of adverse effects of those plans or projects on the integrity of such sites (see to that effect, in particular, judgments of 7 September 2004, Waddenvereniging and Vogelbeschermingsvereniging, C‑127/02, EU:C:2004:482, paragraphs 57 and 58, and of 14 January 2016, Grüne Liga Sachsen and Others, C‑399/14, EU:C:2016:10, paragraph 48). | 58. In this respect, it is clear that the authorisation criterion laid down in the second sentence of Article 6(3) of the Habitats Directive integrates the precautionary principle (see Case C-157/96 National Farmers’ Union and Others [1998] ECR I‑2211, paragraph 63) and makes it possible effectively to prevent adverse effects on the integrity of protected sites as the result of the plans or projects being considered. A less stringent authorisation criterion than that in question could not as effectively ensure the fulfilment of the objective of site protection intended under that provision. | 1 |
6,958 | 25. In that regard, it should be borne in mind that, according to settled case‑law, the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, inter alia, Case C-380/01 Schneider [2004] ECR I‑1389, paragraph 20; Case C-228/05 Stradasfalti [2006] ECR I‑8391, paragraph 44; and Case C-313/07 Kirtruna and Vigano [2008] ECR I-0000, paragraph 25). | 60. It should be borne in mind, moreover, that that presumption is based on the fact that, save in quite exceptional circumstances, a company holding all the capital of a subsidiary can, by dint of that shareholding alone, exercise decisive influence over that subsidiary’s conduct and, furthermore, that it is within the sphere of operations of those entities against whom the presumption operates that evidence of the lack of actual exercise of that power to influence is generally apt to be found. | 0 |
6,959 | 28. However, as the Court has already held and as the Advocate General pointed out in point 35 of her Opinion, although the claims as stated in the application cannot as a rule be extended beyond the infringements alleged in the operative part of the reasoned opinion and in the letter of formal notice, the fact nevertheless remains that 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 a Community measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new Community measure (see, in that regard, Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 36, and Case C‑363/00 Commission v Italy [2003] ECR I-5767, paragraph 22). 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 (see, inter alia, Case C‑363/00 Commission v Italy , paragraph 22). | 73. Furthermore, Article 78‑2, fourth paragraph, of the Code of Criminal Procedure, which authorises controls irrespective of the behaviour of the person concerned and of specific circumstances giving rise to a risk of breach of public order, contains neither further details nor limitations on the power thus conferred – in particular in relation to the intensity and frequency of the controls which may be carried out on that legal basis – for the purposes of preventing the practical application of that power, by the competent authorities, from leading to controls with an effect equivalent to border checks within the meaning of Article 21(a) of Regulation No 562/2006. | 0 |
6,960 | 104. That could be the case in particular where consecutive interventions, especially having regard to their chronology, their purpose and the circumstances of the undertaking at the time of those interventions, are so closely linked to each other that they are inseparable from one another (see, to that effect, Case 72/79 Commission v Italy [1980] ECR 1411, 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 |
6,961 | 26. As to those submissions, it is not for the Court of Justice, given the allocation of functions between itself and the national courts, to determine whether the decision to refer has been taken in accordance with the rules of national law governing the organisation of courts and their procedure (see Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others [1994] ECR I-711, paragraph 13, Case C‑435/97 WWF and Others [1999] ECR I-5613, paragraph 33, and Case C-371/97 Gozza and Others [2000] ECR I-7881, paragraph 30). The Court must abide by the decision from a court of a Member State requesting a preliminary ruling in so far as it has not been overturned in any appeal procedures provided for by national law (Case 65/81 Reina [1982] ECR 33, paragraph 7). | 43. Indeed, the objective of sustaining and developing viable agriculture on the basis of social and land planning considerations entails keeping land intended for agriculture in such use and continuing to make use of it under appropriate conditions. In that context, prior supervision by the competent authorities does not merely reflect a need for information but is intended to ensure that the transfer of agricultural land will not lead to their ceasing to be used as intended or to a use which might be incompatible with their long-term agricultural use. | 0 |
6,962 | 39. Consequently, the rules on jurisdiction derogating from the general principle cannot result in an interpretation which goes beyond the situations expressly envisaged in Regulation No 44/2001 (see, inter alia, Case 150/77 Bertrand [1978] ECR 1431, paragraph 17; Case C‑26/91 Handte [1992] ECR I‑3967, paragraph 14; Shearson Lehman Hutton , paragraph 16; Case C‑412/98 Group Josi [2000] ECR I‑5925, paragraph 49; and Freeport , paragraph 35). | 38. Even if the German Government managed to show the allegedly non-discriminatory nature of the stock of telephone numbers available to Deutsche Telekom, there would remain to determine whether, in accordance with the third condition set out in Article 11(2), the payment of the charge for the allocation of numbers takes into account the need to foster the development of innovative services and competition. | 0 |
6,963 | 52. On the other hand, as was already apparent from the 25th recital in the preamble to Regulation No 3665/87, no refund is granted if the time-limits for export and for submitting the proof required for obtaining payment of the refund are not complied with. Therefore the Court has held, concerning that regulation, that failure to observe procedural rules laid down in the legislation can lead to the reduction, even the loss, of the rights to an export refund and that this is the case, in particular, when an exporter does not produce the necessary evidence to obtain the export refund until after the expiry of the periods referred to in Articles 47(2) and 48(2) of that regulation, the content of which is, essentially, identical to that of Articles 49(2) and 50(2) of Regulation No 800/1999 (judgment in Laub , C‑428/05, EU:C:2007:368, paragraph 16). | 42. In the BAI v Commission judgment the Court of First Instance annulled the decision of 7 June 1995 in which the Commission held that the new agreement did not constitute State aid and consequently decided to terminate the review procedure which had been initiated in respect of the aid granted to Ferries Golfo de Vizcaya. | 0 |
6,964 | 20. In its judgment in MKG-Kraftfahrzeuge-Factoring , the Court held that a factor’s guaranteeing to a client of payment of the debts by assuming the risk of the debtors’ default must be considered to be exploitation of the property in question for the purpose of obtaining income therefrom on a continuing basis, within the meaning of Article 4(2) of the Sixth Directive, where that operation is carried out, in return for payment, for a given period (see MKG-Kraftfahrzeuge-Factoring , paragraph 50). | 37. En l’occurrence, même si les obligations imposées par le régime portuaire espagnol s’appliquent de manière identique tant aux opérateurs établis en Espagne qu’à ceux provenant d’autres États membres, elles peuvent conduire à empêcher cette dernière catégorie d’opérateurs de s’établir dans les ports espagnols d’intérêt général pour y exercer une activité de manutention de marchandises. En particulier, comme l’a relevé la Commission, tant l’obligation relative à l’inscription auprès de la SAGEP et, le cas échéant, à la participation au capital de celle-ci que l’obligation relative au recrutement prioritaire de travailleurs mis à disposition par cette société ainsi qu’au recrutement obligatoire d’un nombre minimal de ces travailleurs sur une base permanente imposent à ces entreprises une adaptation qui est susceptible d’engendrer des conséquences financières et des perturbations de leur fonctionnement de nature à décourager les entreprises d’autres États membres de s’établir dans lesdits ports espagnols. | 0 |
6,965 | 29. With regard to the first condition, it must be held that Article 14(1)(a) of Directive 2003/96, in so far as it imposes on Member States the obligation not to impose taxation under the directive on energy products used to produce electricity, is sufficiently precise, since it lays down clearly the products covered by the exemption (see, by analogy, Case 8/81 Becker [1982] ECR 53, paragraph 27, and Braathens , paragraph 31). | 23. That presumption of relevance cannot be rebutted by the simple fact that one of the parties to the main proceedings contests certain facts, the accuracy of which is not a matter for the Court to determine and on which the delimitation of the subject-matter of those proceedings depends ( Cipolla and Others , paragraph 26). | 0 |
6,966 | 50. As respect for the rights of the defence, a principle whose fundamental nature has been emphasised on many occasions in the case-law of the Court (see, in particular, Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 7), is of crucial importance in procedures such as that followed in the present case, it is essential to prevent those rights from being irremediably compromised on account of the excessive duration of the investigation phase and to ensure that the duration of that phase does not impede the establishment of evidence designed to refute the existence of conduct susceptible of rendering the undertakings concerned liable. For that reason, examination of any interference with the exercise of the rights of the defence must not be confined to the actual phase in which those rights are fully effective, that is to say, the second phase of the administrative procedure. The assessment of the source of any undermining of the effectiveness of the rights of the defence must extend to the entire procedure and be carried out by reference to its total duration. | 18 The answer to the first question must therefore be that Article 33 of the Sixth Directive is to be interpreted as meaning that, in order for a tax to be characterized as a turnover tax, it is not necessary for the relevant national legislation expressly to provide that it may be passed on to the consumer.
Second question | 0 |
6,967 | 85. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Thijssen , paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 64 Consequently, the submission must be rejected . | 0 |
6,968 | 35. As the Court has already held in the context of interpretation of the directive to approximate the laws of the Member States relating to trade marks, it is the advertiser choosing a keyword identical to the trade mark, and not the provider of the referencing service, who uses it in the course of trade ( Google France and Google , paragraphs 52 and 58). The event giving rise to a possible infringement of trade mark law therefore lies in the actions of the advertiser using the referencing service for its own commercial communications. | 9 It should therefore be considered whether the product in question has the objective characteristics and properties defined in heading 30.04 of the Common Customs Tariff, which must be interpreted in the light of medical developments. | 0 |
6,969 | 33. The position is otherwise where the holding in another company is accompanied by direct or indirect involvement in the management of the company in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder ( Polysar Investments Netherlands , paragraph 14; Floridienne and Berginvest , paragraph 18; Cibo Participations , paragraph 20; and Case C-29/08 SKF [2009] ECR I-10413, paragraph 30). | 20 However, the Court has held that it is otherwise where the holding is accompanied by direct or indirect involvement in the management of the companies in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder (Polysar, paragraph 14, and Floridienne and Berginvest, paragraph 18). | 1 |
6,970 | 20. While the Court has stressed the importance of the period of the letting in those judgments, it has done so in order to distinguish a transaction comprising the letting of immovable property, which is usually a relatively passive activity linked simply to the passage of time and not generating any significant added value (see, to that effect, Goed Wonen , paragraph 52), from other activities which are either industrial and commercial in nature, such as the exemptions referred to in Article 13B(b)(1) to (4) of the Sixth Directive, or have as their subject‑matter something which is best understood as the provision of a service rather than simply the making available of property, such as the right to use a golf course ( Stockholm Lindöpark , paragraphs 24 to 27), the right to use a bridge in consideration of payment of a toll ( Commission v Ireland ) or the right to install cigarette machines in commercial premises ( Sinclair Collis , paragraphs 27 to 30). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
6,971 | 21 The Court has consistently held that, in interpreting a provision of Community law, it is necessary to consider not only its wording but also its context and the aims pursued by the legislation of which it forms part (see the judgment in Case C-136/91 Findling Waelzlager v Hauptzollamt Karlsruhe [1993] ECR I-1793, paragraph 11). | 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 |
6,972 | 23. In the present case, it must be held that a national provision such as that in issue in the main proceedings – which applies a less favourable tax regime to income from a loan financing the acquisition of an asset, where the right to use that asset is transferred to a company established in another Member State, than to income from a loan financing the acquisition of an asset used by a company established in the national territory – is likely to discourage undertakings that would be eligible for that tax advantage from providing services intended to finance the acquisition of assets where the right to use will be transferred to economic operators established in other Member States (see, to that effect, Jobra , paragraph 24, and Tankreederei I , paragraph 17). | 43. It thus appears that Article 2 of the directive imposes an obligation to negotiate. | 0 |
6,973 | 20 It is settled case-law, confirmed in Case C-382/92 Commission v United Kingdom [1994] ECR I-2435, paragraph 55, and Case C-383/92 Commission v United Kingdom [1994] ECR I-2479, paragraph 40, that where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national legislation, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive. | 13 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS SPECIFIQUES EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE . | 0 |
6,974 | 26. In that regard, double taxation conventions are designed to eliminate or mitigate the negative effects on the functioning of the internal market resulting from the coexistence of national tax systems referred to in the preceding paragraph ( Kerckhaert and Morres , paragraph 21, and Block , paragraph 29). | 30. The adjustment provided for in those articles of the Directive is an integral part of the VAT deduction scheme established by that directive. | 0 |
6,975 | 46. Furthermore, such a choice for an applicant, even when it concerns courts situated in different Member States, is also recognised by the Court’s established case-law, in the context of the special jurisdiction in tort, delict or quasi-delict, provided for in Article 5(3) of the Brussels Convention and also reiterated in Article 5(3) of Regulation No 44/2001 (see, inter alia, Case 21/76 Bier ‘Mines de potasse d’Alsace’ [1976] ECR 1735, paragraphs 24 and 25, and Case C-168/02 Kronhofer [2004] ECR I-6009, paragraph 16 and the case-law cited). | 13 EVEN IF THE MEMBER STATE CONCERNED DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF OF THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS, SUCH AN OPPORTUNITY CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY AND AMOUNTS TO AN ESSENTIAL PROCEDURAL REQUIREMENT IN PROCEEDINGS RELATING TO THE FINDING OF A FAILURE ON THE PART OF A MEMBER STATE . | 0 |
6,976 | 43. It follows that the subject-matter of the proceedings under Article 226 EC is delimited by the pre-litigation procedure provided for in that provision. Accordingly, the application must be based on the same grounds and pleas as the reasoned opinion (see Case C‑287/00 Commission v Germany [2002] ECR I‑5811, paragraph 18; Case C‑305/03 Commission v United Kingdom [2006] ECR I‑1213, paragraph 22; and Commission v Lithuania , paragraph 22). | 14 The Court has consistently held (judgments in Case 286/81 Oosthoek [1982] ECR 4575 and Case C-362/88 GB-INNO [1990] ECR I-667) that the possibility cannot be ruled out that to compel a producer either to adopt advertising or sales promotion schemes which differ from one Member State to another or to discontinue a scheme which he considers to be particularly effective may constitute an obstacle to imports even if the legislation in question applies to domestic products and imported products without distinction. In its judgment in Case 382/87 Buet [1989] ECR 1235, the Court stated that that finding applies, a fortiori, when the rules in question deprive the trader concerned of the possibility of using not a means of advertising but a method of marketing. | 0 |
6,977 | 16. When the Court, in the exercise of the jurisdiction conferred on it by Article 234 EC, interprets a provision of Community law, it defines the meaning and scope of that provision as it ought to have been understood and applied from its entry into force (see, to this effect, Case 61/79 Denkavit italiana [1980] ECR 1205, paragraph 16; Case C-62/93 BP Supergas [1995] ECR I-1883, paragraph 39; and Case C-453/00 Kühne & Heitz [2004] ECR I-837, paragraph 21). The only circumstances where that is not the case are where, exceptionally, the Court limits the temporal effect of that interpretation in its judgment (see, to this effect, Denkavit italiana , cited above, paragraph 17; Case C-366/99 Griesmar [2001] ECR I-9383, paragraph 74; and, for a recent application of those principles with regard to VAT, Joined Cases C-453/02 and C‑462/02 Linneweber and Akritidis [2005] ECR I-1131, paragraphs 41 to 45). | 16 THE INTERPRETATION WHICH , IN THE EXERCISE OF THE JURISDICTION CONFERRED UPON IT BY ARTICLE 177 , THE COURT OF JUSTICE GIVES TO A RULE OF COMMUNITY LAW CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY , AND MUST , BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION , PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS ENABLING AN ACTION RELATING TO THE APPLICATION OF THAT RULE TO BE BROUGHT BEFORE THE COURTS HAVING JURISDICTION , ARE SATISFIED .
| 1 |
6,978 | 34. In this respect, it has already been held that national legislation which is intended to apply only to shareholdings enabling the holder to exert a definite influence over a company’s decisions and determine its activities is covered by the Treaty provisions on freedom of establishment (see Case C-446/04 Test Claimants in the FII Group Litigation [2006] ECR I-11753, paragraph 37, and Case C-81/09 Idryma Typou [2010] ECR I-10161, paragraph 47). On the other hand, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment, with no intention of influencing the management and control of the undertaking, must be examined exclusively in the light of the free movement of capital (Case C-310/09 Accor [2011] ECR I-8115, paragraph 32 and the case-law cited). | 47. Provisions of national law which apply to the possession by nationals of one Member State of holdings in the capital of a company established in another Member State allowing them to exert a definite influence on the company’s decisions and to determine its activities fall within the ambit ratione materiae of Article 49 TFEU on freedom of establishment (see to this effect, in particular, Case C‑251/98 Baars [2000] ECR I‑2787, paragraph 22; Case C‑112/05 Commission v Germany [2007] ECR I‑8995, paragraph 13; and Case C‑326/07 Commission v Italy [2009] ECR I‑2291, paragraph 34). | 1 |
6,979 | 60. More specifically, the Court has taken that step only in quite specific circumstances, where there was a risk of serious economic repercussions owing in particular to the large number of legal relationships entered into in good faith on the basis of rules considered to be validly in force and where it appeared that individuals and national authorities had been led to adopt practices which did not comply with European Union legislation by reason of objective, significant uncertainty regarding the implications of European Union provisions or principles, to which the conduct of other Member States or the European Commission may even have contributed (see, inter alia, Case C-423/04 Richards [2006] ECR I-3585, paragraph 42; Brzeziński , paragraph 57; and Kalinchev , paragraph 51). | 30. En outre, il ressort d’une jurisprudence constante que l’article 133, premier alinéa, sous a), de la directive TVA, qui constitue une condition facultative, que les États membres sont libres d’imposer de manière supplémentaire pour l’octroi de certaines des exonérations mentionnées à l’article 132, paragraphe 1, de cette directive, autorise, mais n’oblige pas les États membres à réserver le bénéfice des exonérations prévues, notamment, audit article 132, paragraphe 1, sous i), aux organismes autres que ceux de droit public qui n’ont pas pour but la recherche systématique du profit (voir arrêts Hoffmann, précité, point 38; Kingscrest Associates et Montecello, précité, point 38, ainsi que du 8 juin 2006, L.u.P., C‑106/05, Rec. p. I‑5123, point 43). | 0 |
6,980 | 54. In those circumstances, the Community Courts must restrict themselves to considering whether the exercise of that discretion contains a manifest error or constitutes a misuse of power or whether the Community institutions clearly exceeded the bounds of their discretion (see Antillean Rice Mills , paragraph 48; Case C-110/97 Netherlands v Council , paragraph 62, and Case C-301/97 Netherlands v Council , paragraph 74). | 62 In cases involving such a discretion, the Community courts must restrict themselves to considering whether the exercise of that discretion contains a manifest error or constitutes a misuse of power or whether the Community institutions clearly exceeded the bounds of their discretion (see Case C-390/95 P Antillean Rice Mills and Others v Commission, cited above, paragraph 48; see also to that effect Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraph 40, and Case C-189/01 Jippes and Others [2001] ECR I-5689, paragraph 80). | 1 |
6,981 | 98 In that regard, it must be borne in mind that the abolition, by means of recovery, of State aid which has been unlawfully granted is the logical consequence of a finding that it is unlawful (Case C-142/87 Belgium v Commission (Tubemeuse) [1990] ECR I-959, paragraph 66) and that the aim of obliging the State concerned to abolish aid found by the Commission to be incompatible with the common market is to restore the previous situation (Case C-350/93 Commission v Italy [1995] ECR I-699, paragraph 21, and Case C-75/97 Belgium v Commission [1999] ECR I-3671, paragraph 64). | 62. Cependant, un élément d’un signe composé ne conserve pas une telle position distinctive autonome si cet élément forme avec le ou les autres éléments du signe, pris ensemble, une unité ayant un sens différent par rapport au sens desdits éléments pris séparément (voir arrêt Bimbo/OHMI, C‑591/12 P, EU:C:2014:305, point 25 et jurisprudence citée). | 0 |
6,982 | 20 In Simmenthal, the issue facing the Court related in particular to the consequences of the direct applicability of a provision of Community law where that provision was incompatible with a subsequently adopted provision of national law. The Court had already stressed, in its previous decisions (see, in particular, Case 6/64 Costa v ENEL [1964] ECR 585), that it was impossible for a Member State to accord precedence to a national rule over a conflicting rule of Community law, but did not draw any distinction between pre-existing and subsequently adopted national law. So, in Simmenthal, the Court held that every national court must, in a case within its jurisdiction, apply Community law in its entirety and protect rights which the latter confers on individuals, setting aside any provision of national law which may conflict with it, whether prior or subsequent to the Community rule (Simmenthal, paragraphs 21 and 24). That case-law has been reaffirmed on numerous occasions (see, in particular, Debus, cited above, paragraph 32; Case C-158/91 Levy [1993] ECR I-4287, paragraph 9; and Case C-347/96 Solred v Administración General del Estado [1998] ECR I-937, paragraph 30). | 14 The situation is similar with regard to an agreement of the type in dispute in the main proceedings, which is concluded between a travel organizer and a customer in the place where they are both domiciled. Irrespective of its title, and although providing a service concerning the use of short-term holiday accommodation, such an agreement also includes other services, such as information and advice, where the travel organiser proposes a range of holiday offers, the reservation of accommodation during the period chosen by the customer, the reservation of seats in connection with travel arrangements, the reception at the destination and, possibly, travel cancellation insurance. | 0 |
6,983 | 18 As regards the first part of the question, the Court, in its judgment of 6 October 1993 in Case C-109/91 Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers-en Schoonmaakbedrijf [1993] ECR I-4879, held that a survivor' s pension provided for by an occupational pension scheme falls within the scope of Article 119. It also held that the fact that such a pension, by definition, is not paid to the employee but to the employee' s survivor does not affect that interpretation because, such a benefit being an advantage deriving from the survivor' s spouse' s membership of the scheme, the pension is vested in the survivor by reason of the employment relationship between the employer and the survivor' s spouse and is paid to the survivor by reason of the spouse' s employment (paragraph 13). | 37. In accordance with that principle, the addressees of decisions which significantly affect their interests must be placed in a position in which they can effectively make known their views as regards the information on which the authorities intend to base their decision. They must be given a sufficient period of time in which to do so (see, inter alia, Commission v Lisrestal and Others , paragraph 21, and Mediocurso v Commission , paragraph 36). | 0 |
6,984 | 30. Or, il suffit de rappeler que, selon une jurisprudence constante, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations et des délais prescrits par une directive (arrêt Commission/Espagne, C‑274/98, EU:C:2000:206, point 19 et jurisprudence citée). | 28 It must be concluded that, as far as the right to join an occupational scheme is concerned, there is no reason to suppose that the professional groups concerned could have been mistaken about the applicability of Article 119. | 0 |
6,985 | 50. It is to be borne in mind that the Court has held that clause 8(3) of the Framework Agreement does not fulfil the conditions required in order to have direct effect. First, clause 8(3) relates only to the ‘implementation’ of that agreement by the Member States and/or the social partners, on whom it is incumbent to transpose the agreement into the domestic legal order, prohibiting them from justifying, in that transposition, a reduction in the general level of protection afforded to workers by the need to put the Framework Agreement into effect. Second, by simply prohibiting, in its own words, ‘reducing the general level of protection afforded to workers in the field of [that framework] agreement’, that clause implies that only a reduction on a scale likely to have an effect overall on national legislation relating to fixed-term employment contracts is capable of falling within its ambit. However, individuals would not be able to infer from such a prohibition any right that would be sufficiently clear, precise and unconditional (see to that effect Angelidaki and Others , paragraphs 209 to 211, and Koukou , paragraph 128). | 49. Pour autant que le Royaume de Belgique fait état d’un projet d’arrêté royal ayant pour objet de rendre la réglementation en cause conforme aux articles 56 TFUE et 36 de l’accord EEE, il suffit de rappeler qu’il est de jurisprudence constante que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts Commission/Grèce, C‑351/13, EU:C:2014:2150, point 20; Commission/Belgique, C‑317/14, EU:C:2015:63, point 34, et Commission/France, C‑485/14, EU:C:2015:506, point 30). | 0 |
6,986 | 24. Furthermore, as regards the question whether national legislation falls within the scope of one or other of the freedoms of movement laid down by the Treaties, it is clear from well-established case-law that the purpose of the legislation concerned must be taken into consideration (see, inter alia, Test Claimants in the FII Group Litigation , C‑35/11, EU:C:2012:707, paragraph 90, and Cadbury Schweppes and Cadbury Schweppes Overseas , C‑196/04, EU:C:2006:544, paragraphs 31 to 33). | 41. It may also be deduced from Thyssen Haniel Logistic that a product which, on account of its objective characteristics and properties, is clearly intended for medical use, may be classified in Chapter 30 of the CN. In that judgment, a sterile powder was at issue which was composed of a mixture of amino acids which, after water was added, was administered in the form of infusion solutions during medical treatment. That product was therefore devoid of medicinal properties as such but was nevertheless classified in Chapter 30 of the CN on account of its intended use. | 0 |
6,987 | 57. Article 49 TFEU requires the abolition of restrictions on the freedom of establishment. Therefore, even though, according to their wording, the Treaty provisions on freedom of establishment are aimed at ensuring that foreign nationals are treated in the host Member State in the same way as nationals of that State, they also prohibit the Member State of origin from hindering the establishment in another Member State of one of its nationals or of a company incorporated under its legislation (see Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 31, and Case C‑371/10 National Grid Indus [2011] ECR I‑12273, paragraph 35). | 15 In order to answer that question, it must first be noted that Article 9(2)(e), third indent, of the Directive does not refer to professions, such as those of lawyers, consultants, accountants or engineers, but to services. The Community legislature has used the professions mentioned in that provision as a means of defining the categories of services to which it refers. | 0 |
6,988 | 37 The Court has also held that the Treaty provisions relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case 143/87 Stanton v INASTI [1988] ECR 3877, paragraph 13; Singh, cited above, paragraph 16; and Case C-415/93 Union Royale Belge des Sociétés de Football Association and Others v Bosman [1995] ECR I-4921, paragraph 94). | 34. Par conséquent, c’est à bon droit que le Tribunal a rejeté le grief de SGL relatif à la prise en compte de la valeur de la consommation captive comme irrecevable. | 0 |
6,989 | 52. In that regard, materials such as those at issue in the main proceedings are not reused definitely and without prior processing as an integral part of the same process of production or use, but are substances or objects whose holders discarded them. According to Mr Niselli’s evidence, the contentious materials were then sorted, and sometimes treated, and they constitute a secondary raw material to be used in steelmaking. In such a context, they must however continue to be classified as ‘waste’ until they have actually been recycled into steel products, that is to say, until the constitution of the finished products derived from the reprocessing for which they are intended. In the earlier phases, they cannot yet be regarded as recycled, since the reprocessing has not been concluded. Conversely, subject to the case where the products obtained are in their turn abandoned, the point at which the materials in question cease to be classified as ‘waste’ cannot be fixed at an industrial or commercial stage subsequent to their reprocessing into steel products, because, from that point, they can hardly be distinguished from other steel products made from primary raw materials (see, for the particular case of recycled packaging waste, Case C‑444/00 Mayer Parry Recycling [2003] ECR I‑6163, paragraphs 61 to 75). | 41
Article 33 of Regulation No 1408/71 must be read with reference to Articles 27, 28 and 28a of Section 5 of Chapter 1 of Title III of the regulation applicable to the rights of pensioners and members of their families, which cover either situations where the pensioner draws pensions under the legislation of two or more Member States or situations where he draws a pension under the legislation of a single Member State but is not entitled to benefits in his country of residence (see, to that effect, the judgment of 15 June 2000, Sehrer, C‑302/98, EU:C:2000:322, paragraph 26). | 0 |
6,990 | 8. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C‑103/00, Rec. p. I-1147, point 23; du 20 novembre 2003, Commission/France, C‑296/01, Rec. p. I‑13909, point 43, et du 29 juillet 2010, Commission/Belgique, C‑6/10, point 9). | 150. As paragraphs 131 and 132 above make clear, the only effect produced by Article 5 of the Directive is to restrict the right of manufacturers of tobacco products to use the space on some sides of cigarette packets or unit packets of tobacco products to show their trade marks, without prejudicing the substance of their trade mark rights, the purpose being to ensure a high level of health protection when the obstacles created by national laws on labelling are eliminated. In the light of this analysis, Article 5 constitutes a proportionate restriction on the use of the right to property compatible with the protection afforded that right by Community law. | 0 |
6,991 | 18 In order to combat those abuses, the competent authorities of the Member States are entitled, under the fourth subparagraph of Article 5(1) of Regulation No 3665/87, to require additional evidence such as to satisfy them that the product has actually been placed on the market in the non-member country of import in the unaltered state. Such evidence may be required where there is suspicion or proof that abuses have been committed (see Case C-347/93 Boterlux [1994] ECR I-3933, paragraphs 25 and 27). | 37 It is settled case-law that Article 6 of the Treaty, which lays down the general principle of the prohibition of discrimination on grounds of nationality, applies independently only to situations governed by Community law in respect of which the Treaty lays down no specific prohibition of discrimination (see in particular Case C-131/96 Mora Romero v Landesversicherungsanstalt Rheinprovinz [1997] ECR I-3659, paragraph 10). | 0 |
6,992 | 58. It must be borne in mind that while the reasoning required by the provisions referred to in the previous paragraph must show clearly and unequivocally the reasoning of the Community authority which adopted the contested measure so as to enable the persons concerned to ascertain the reasons for the measure and to enable the Court to exercise its power of review, it is not required to go into every relevant point of fact and law. The question whether a statement of reasons satisfies those requirements must be assessed with reference not only to its wording but also to its context and the whole body of legal rules governing the matter in question (see, to that effect, Case C-122/94 Commission v Council [1996] ECR I-881, paragraph 29; Case C-278/95 P Siemens v Commission [1997] ECR I-2507, paragraph 17, and Case C-367/95 P Commission v Sytraval and Brink's France [1998] ECR I-1719, paragraph 63). | 63 As regards the Commission's obligation to state reasons, it is settled case-law that the statement of reasons required by Article 190 of the Treaty must be appropriate to the act 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 Community court to exercise its power of review. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, in particular, Joined Cases 296/82 and 318/82 Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraph 19, Case C-350/88 Delacre and Others v Commission [1990] ECR I-395, paragraphs 15 and 16, and Case C-56/93 Belgium v Commission [1996] ECR I-723, paragraph 86). | 1 |
6,993 | Le deuxième moyen du pourvoi doit, par conséquent, être écarté comme étant inopérant (voir, en ce sens, arrêts du 19 avril 2007, OHMI/Celltech, C‑273/05 P, EU:C:2007:224, points 56 et 57, ainsi que du 2 mars 2017, Panrico/EUIPO, C‑655/15 P, non publié, EU:C:2017:155, point 92 et jurisprudence citée). | 15. According to that case-law, ‘State aid’, as defined in the Treaty, is a legal concept which must be interpreted on the basis of objective factors. For that reason, the European Union judicature must in principle, having regard both to the specific features of the case before it and to the technical or complex nature of the Commission’s assessments, carry out a comprehensive review as to whether a measure falls within the scope of Article 107(1) TFEU. The European Union judicature must, inter alia, establish not only whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see judgments in France v Ladbroke Racing and Commission , C‑83/98 P, EU:C:2000:248, paragraph 25; Commission v Scott , C‑290/07 P, EU:C:2010:480, paragraphs 64 and 65; and BNP Paribas and BNL v Commission , C‑452/10 P, EU:C:2012:366, paragraph 100 and the case-law cited). | 0 |
6,994 | 58. It is for the national court, which alone has jurisdiction to assess the facts and to interpret the national legislation, to determine whether that is so. It is necessary in that regard to ascertain, in light of all the relevant factors and taking into account the possibility of achieving by other means the aims pursued by the provisions in question, whether such aims appear to be unrelated to any discrimination based on sex and whether those provisions, as a means to the achievement of certain aims, are capable of advancing those aims (see, to that effect, Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraph 72, and Kutz-Bauer , paragraph 51). | 15 Castello submits that this latter provision is invalid. It argues that a penalty as severe as loss of entitlement to aid may attach to the obligation to grow soya beans within the territory of the Community, which is the primary obligation under the system of aid introduced in 1985, but may not attach to the obligation to notify changes of a certain extent in the use of the areas sown, which is no more than a secondary obligation under the system of aid. | 0 |
6,995 | 21. On that point, it should be noted that, as the Court of Justice emphasized in its judgment in Hauptzollamt Hamburg-Jonas v Dimex (Case 89/83 [1984] ECR 2815, paragraph 8), the system of differentiated export refunds is intended to gain or to maintain access for Community exports to the markets of the non-member countries concerned, the reason for differentiated refunds being the desire to take account of the particular characteristics of each import market in which the Community wishes to play a part. | 17 It should next be stated that the public interest in the protection of the recipients of the services in question against such harm justifies a restriction of the freedom to provide services. However, such a provision goes beyond what is necessary to protect that interest if it makes the pursuit, by way of business, of an activity such as that at issue, subject to the possession by the persons providing the service of a professional qualification which is quite specific and disproportionate to the needs of the recipients. | 0 |
6,996 | 26. It is apparent from the Court’s case-law that the fact that the Commission did not take further action on a reasoned opinion immediately or shortly after its issue cannot create, on the part of the Member State concerned, a legitimate expectation that the procedure has been closed (see, inter alia, Case C‑317/92 Commission v Germany , paragraph 4). That is a fortiori the position where, as in the present case, it is not in dispute that efforts were made during the alleged period of inactivity, inter alia in the context of the Europe Agreement referred to in paragraph 10 of this judgment, to find a solution which would put an end to the alleged infringement. | 36. Deutsche Post and the German Government nevertheless contend that permitting intermediaries access to the sorting offices and the corresponding discounts for a partial service with regard to the postal items which, owing to their weight and their price, fall within that company’s exclusive licence would threaten the financial stability of Deutsche Post. Those intermediaries would then be able to offer a lucrative group of customers, namely businesses, from which approximately 80% of all items come, the entire postal handling chain, at tariffs lower than those of Deutsche Post. For more expensive services, in particular distribution in rural areas, those intermediaries would then be able to turn to the services of the universal postal service provider, acting as sub-contractor, which would be bound to maintain in full its structure in terms of operations and personnel. | 0 |
6,997 | 72. In the first place, protection of the environment constitutes one of the essential objectives of the Community (Case 240/83 ADBHU [1985] ECR 531, paragraph 13; Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 8; Case C‑213/96 Outokumpu [1998] ECR I-1777, paragraph 32; and Case C‑176/03 Commission v Council [2005] ECR I-0000, paragraph 41). With that objective in mind, Article 2 EC states that the Community shall have as its task to promote a ‘high level of protection and improvement of the quality of the environment’, and, for that purpose, Article 3(1)(l) EC provides for the establishment of a ‘policy in the sphere of the environment’. | 27 That is also the situation in the main proceedings in the present case, as Lease Plan does not possess in Belgium either its own staff or a structure which has a sufficient degree of permanence. | 0 |
6,998 | 18. In that regard, it must be borne in mind that, in accordance with settled case-law, although in a reference for a preliminary ruling the Court cannot give a ruling either on questions which fall within the national law of the Member States or on the compatibility of national provisions with Community law, it can, however, supply a ruling on the interpretation of Community law so as to enable the national court to decide the case before it (see, inter alia, Case C-150/88 Parfümerie-Fabrik 4711 [1989] ECR I-3891, paragraph 12, and Case C-124/99 Borawitz [2000] ECR I-7293, paragraph 17). | 16. The public interest relating to the social protection of workers in the construction industry may however, because of conditions specific to that sector, constitute an overriding requirement justifying such a restriction on the freedom to provide services. | 0 |
6,999 | 53. Article 35(1) EU, in that it does not enable national courts to refer a question to the Court for a preliminary ruling on a common position but only a question concerning the acts listed in that provision, treats as acts capable of being the subject of such a reference for a preliminary ruling all measures adopted by the Council and intended to produce legal effects in relation to third parties. Given that the procedure enabling the Court to give preliminary rulings is designed to guarantee observance of the law in the interpretation and application of the Treaty, it would run counter to that objective to interpret Article 35(1) EU narrowly. The right to make a reference to the Court of Justice for a preliminary ruling must therefore exist in respect of all measures adopted by the Council, whatever their nature or form, which are intended to have legal effects in relation to third parties (see, by analogy, Case 22/70 Commission v Council ( ERTA ) [1971] ECR 263, paragraphs 38 to 42, and Case C-57/95 France v Commission [1997] ECR I‑1627, paragraph 7 et seq.). | 58
A merger by acquisition therefore entails the acquisition by the acquiring company of the company being acquired in its entirety, without extinguishing the obligations that a winding-up would have brought about, and, without novation, has the effect of substituting the acquiring company for the company being acquired as party to all of the contracts concluded by the latter. Consequently, the law which was applicable to those contracts before the merger continues to be applicable after the merger. | 0 |
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