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7,200 | 29. It is also apparent from settled case-law that an analysis of the definitions of ‘taxable person’ and ‘economic activities’ shows that the scope of the term ‘economic activities’ is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see, inter alia, Case C-223/03 University of Huddersfield [2006] ECR I-1751, paragraph 47 and the case-law cited). | 38ALTHOUGH THE RETROACTIVE WITHDRAWAL OF A WRONGFUL OR ERRONEOUS DECISION IS GENERALLY SUBJECT TO VERY STRICT CONDITIONS , ON THE OTHER HAND THE REVOCATION OF SUCH A DECISION AS REGARDS THE FUTURE IS ALWAYS POSSIBLE .
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7,201 | 82. It follows that the details of a project cannot be considered to be adopted by a legislative act, for the purposes of Article 1(5) of Directive 85/337, if that act does not include the elements necessary to assess the environmental impact of the project or if the adoption of other measures is needed in order for the developer to be entitled to proceed with the project (see WWF and Others , paragraph 62; Linster , paragraph 57; Boxus and Others , paragraph 40; and Solvay and Others , paragraph 34). | 66. Confusion and inconvenience are liable to arise from a divergence between the two names used for the same person. | 0 |
7,202 | 47
Furthermore, as regards whether the works were communicated to a ‘new’ public, within the meaning of the case-law cited in paragraph 33 above, it should be noted that the Court, in its judgment of 13 February 2014, Svensson and Others (C‑466/12, EU:C:2014:76, paragraphs 24 and 31) and in its order of 21 October 2014, BestWater International (C‑348/13, EU:C:2014:2315), held that such a public is a public which was not taken into account by the copyright holders when they authorised the initial communication. In its judgment of 8 September 2016, GS Media (C‑160/15, EU:C:2016:644, paragraph 43), the Court observed that those decisions confirmed the importance of the consent of the holder of the copyright in protected works that have been made freely available on a website, having regard to Article 3(1) of Directive 2001/29 which specifically provides that every act of communication of a work to the public must be authorised by the copyright holder. | 16 Suffice it to hold in this regard that even if, in practice, the authorities of a Member State do not apply to nationals of other Member States the national provisions which are at variance with Community law, that fact is not such as to remove the breach of Community law which those provisions represent. | 0 |
7,203 | 47 Next, while Article 36 of the Treaty allows the maintenance of restrictions on the free movement of goods, justified on grounds of public morality, public policy or the protection of the health and life of animals, which constitute fundamental requirements recognised by Community law, recourse to Article 36 is nevertheless no longer possible where Community directives provide for harmonisation of the measures necessary to achieve the specific objective which would be furthered by reliance upon this provision (see, in particular, Case C-5/94 The Queen v MAFF ex parte Hedley Lomas [1996] ECR I-2553, paragraph 18). In such a case, the appropriate checks must be carried out and protective measures adopted within the framework outlined by the harmonising directive (see Case C-323/93 Centre d'Insémination de la Crespelle v Coopérative de la Mayenne [1994] ECR I-5077, paragraph 31). In that regard, the Member States must rely on mutual trust to carry out checks on their respective territories (see, most recently, The Queen v MAFF ex parte Hedley Lomas, paragraph 19). | 22 In those circumstances, for the Court to reply to the question referred would be of no avail to the Tribunal des Affaires de Sécurité Sociale, Evry. | 0 |
7,204 | 38 The Commission then conducts an initial review of the planned aid. If at the end of that review it considers a plan to be incompatible with the common market, it must without delay initiate the consultative examination procedure under Article 93(2). It follows from the last sentence of Article 93(3) that throughout the preliminary period the Member State concerned may not put the planned aid into effect. Where the consultative examination procedure is initiated, that prohibition continues until the Commission reaches a decision on the compatibility of the planned aid with the common market (see Case C-47/91 Italy v Commission [1992] ECR I-4145, paragraph 24). However, if the Commission has not responded within two months of notification, the Member State concerned may implement the plan after informing the Commission (Case 120/73 Lorenz v Germany [1973] ECR 1471, paragraph 4). | 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 |
7,205 | 28. Every citizen of the Union may therefore rely on the prohibition of discrimination on grounds of nationality laid down in Article 18 TFEU, provided for in other Treaty provisions and in Article 24 of Directive 2004/38, in all situations falling within the scope ratione materiae of European Union law. Those situations include the exercise of the fundamental freedoms conferred by inter alia Article 45 TFEU and those relating to the exercise of the freedom conferred by Article 21 TFEU to move and reside within the territory of the Member States (see, inter alia, Case C-85/96 Martínez Sala [1998] ECR I-2691, paragraph 63; Grzelczyk , paragraphs 32 and 33; Case C-209/03 Bidar [2005] ECR I-2119, paragraphs 32 and 33; and Case C-75/11 Commission v Austria [2012] ECR, paragraph 39). | 84. In examining the functionality of a sign consisting of the shape of goods, once the essential characteristics of the sign have been identified, it is only necessary to assess whether those characteristics perform the technical function of the product concerned. Clearly, that examination must be carried out by analysing the sign filed with a view to its registration as a trade mark, and not signs consisting of other shapes of goods. | 0 |
7,206 | 22. In its action, the Commission refers both to Article 43 EC, which guarantees freedom of establishment, and Article 49 EC, which relates to freedom to provide services. In that regard, it should be noted that the key element defining the respective fields of application of those two provisions is whether or not the economic operator concerned is established in the Member State in which it offers the service in question (the host Member State). When it is established there, by either its principal or secondary establishment, its situation falls within the scope of the principle of freedom of establishment within the meaning of Article 43 EC. In the contrary case, it must be classified as a ‘cross-border provider of services’ and falls under the principle of freedom to provide services pursuant to Article 49 EC (see, to that effect, Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraphs 25 to 28, and Case C‑215/01 Schnitzer [2003] ECR I‑14847, paragraphs 28 to 32). In the context of the present case, the national laws and regulations in question appear to apply without distinction both to private security undertakings established in Spanish territory and to those established in other Member States and active in Spain on an occasional or temporary basis. | 85. In those circumstances, it does not appear that, by adopting the transitional derogation measures put in place by the Law establishing the Land Berlin transitional system, the domestic legislature went beyond what was necessary to achieve the aim pursued. | 0 |
7,207 | 38. The objective pursued by that provision, which aims to facilitate freedom of movement for workers, entails in particular that migrant workers must not lose their right to social security benefits or have the amount of those benefits reduced because they have exercised the right to freedom of movement conferred on them by the EC Treaty (see Reichling , paragraph 24; Lafuente Nieto , paragraphs 33 and 38; Joined Cases C-31/96 to C-33/96 Naranjo Arjona and Others [1997] ECR I‑5501, paragraph 20; and Case C-153/97 Grajera Rodríguez [1998] ECR I-8645, paragraph 17). | 83. En outre, en ce qui concerne la prétendue discrimination fondée sur l’âge, qui a été invoquée par les requérants eu égard à la situation des requérants plus âgés, il y a lieu de relever que, ainsi qu’il a été justement affirmé par le Tribunal, les critères de classement indiqués à l’article 12, paragraphe 3, de l’annexe XIII du statut sont manifestement étrangers à toute prise en considération de l’âge des lauréats des concours concernés et, de plus, ils prévoient, eu égard à la catégorie A, une distinction entre le grade de base A *5 (ancien grade A 8) et le grade supérieur A *6 (ancien grade A 7/A 6). | 0 |
7,208 | 45. However, the Court has repeatedly pointed out that the option provided for in Article 8(4) of Directive 91/439 constitutes a derogation from the general principle of mutual recognition of driving licences and is therefore to be interpreted strictly (see, inter alia, Case C‑1/07 Weber [2008] ECR I‑8571, paragraph 29; Schwarz , paragraph 84; and order in Case C‑334/09 Scheffler [2011] ECR I‑0000, paragraph 63). | 34 With regard to the alternative plea, suffice it to point out that it is not for this Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law. | 0 |
7,209 | 60. In so far as the respondents submit that, in ETI and Others (EU:C:2007:775, paragraphs 50 and 51), the Court, while noting the existence of a structural link between the two entities in question — namely that they were owned by the same public authority — nevertheless left it to the national court to determine whether those entities had been ‘subject to the control’ of that au thority, it suffices to point out that it is natural, in the context of a reference for a preliminary ruling where the assessment of the facts is for the national court, that the Court left the responsibility of verifying the links between the entities at issue in that case, two of which were public bodies, to the national court. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
7,210 | 32. First of all, it should be recalled that, as the Court has already held, the concept of aid is wider than that of a subsidy because it embraces not only positive benefits, such as the subsidies themselves, but also measures which, in various forms, mitigate the normal burdens on the budget of an undertaking and which therefore, without being subsidies in the strict meaning of the word, are similar in character and have the same effect (see, inter alia , Case 30/59 De Gezamenlijke Steenkolenmijnen in Limburg v High Authority [1961] ECR 1, 39; Case C-387/92 Banco Exterior de España v Ayuntamiento de Valencia [1994] ECR I-877, paragraph 13; Case C-200/97 Ecotrade [1998] ECR I-7907, paragraph 34; and Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I-8365, paragraph 38). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,211 | 18 As the Advocate General has rightly indicated in point 14 of his Opinion, the release into circulation of a sound recording cannot therefore, by definition, render lawful other forms of exploitation of the protected work, such as rental, which are of a different nature from sale or any other lawful form of distribution. Just like the right to present a work by means of public performance (see, in that connection, Case 395/87 Ministère Public v Tournier [1989] ECR 2521, paragraphs 12 and 13), the rental right remains one of the prerogatives of the author and producer notwithstanding sale of the physical recording. | 26. Furthermore, it does not follow from Regulation No 3577/92 that the Community legislature intended to limit its scope to territorial sea within the meaning of the Montego Bay Convention. | 0 |
7,212 | 37. It should be noted that Article 12 EC is intended to apply independently only to situations governed by EU law for which the Treaty lays down no specific prohibition of discrimination. In the field of freedom of establishment, the principle of the prohibition of discrimination is given specific expression in Article 43 EC (see, in particular, to that effect, Case C‑193/94 Skanavi and Chryssanthakopoulos [1996] ECR I‑929, paragraphs 20 and 21; Case C‑251/98 Baars [2000] ECR I‑2787, paragraphs 23 and 24; and Case C‑105/07 Lammers & Van Cleeff [2008] ECR I‑173, paragraph 14). | 44. Such rights and benefits include all those relating to employment conditions, such as the right of a full-time worker on part-time parental leave to a period of notice in the event of the employer’s unilateral termination of a contract of indefinite duration, the length of which depends on the worker’s length of service in the company and the aim of which is to facilitate the search for a new job. | 0 |
7,213 | 63
It must be borne in mind that, in accordance with Article 3(3) of Regulation No 2988/95, Member States may apply limitation periods which are longer than that minimum period of four years laid down in Article 3(1) thereof (see, to that effect, judgment of 17 September 2014, Cruz & Companhia, C‑341/13, EU:C:2014:2230, paragraph 54). | 51. En l’espèce, l’analyse des ordonnances des juridictions nationales versées au dossier par les parties, concernant la récupération des aides illégales ordonnée par la décision 2008/854, ne permet pas d’établir que les conditions visées par la jurisprudence citée au point 48 du présent arrêt étaient remplies. | 0 |
7,214 | 79. En effet, il est de jurisprudence constante que les conséquences financières qui pourraient découler pour un État membre d’un arrêt de la Cour ne justifient pas, par elles-mêmes, la limitation des effets dans le temps de cet arrêt (voir, en ce sens, arrêts du 24 septembre 1998, Commission/France, C‑35/97, Rec. p. I‑5325, point 52, ainsi que Buchner e.a., précité, point 41). | 64. Une telle situation est manifestement inconciliable avec l’obligation dudit État membre de parvenir à une exécution immédiate et effective de ladite décision (voir, par analogie, arrêt Commission/Italie, EU:C:2013:832, point 35 et jurisprudence citée). | 0 |
7,215 | 28. The Court has also made clear that an order imposing a periodic penalty payment and/or a lump sum is intended to place a defaulting Member State under economic pressure which induces it to put an end to the infringement established. The financial penalties imposed must therefore be decided on according to the degree of persuasion needed for the Member State in question to alter its conduct (see, to that effect, Case C‑304/02 Commission v France , paragraph 91, and Case C‑177/04 Commission v France , paragraphs 59 and 60). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
7,216 | 84 In addition, it should be recalled that the legality of a Community act cannot depend on retrospective assessment of its efficacy. Where the Community legislature is obliged to assess the future effects of rules to be adopted and those effects cannot be accurately foreseen, its assessment is open to criticism only if it appears manifestly incorrect in the light of the information available to it at the time of the adoption of the rules in question (see, to that effect, Crispoltoni and Others, paragraph 43, and Case C-150/94 United Kingdom v Council [1998] ECR I-7235, paragraph 49). | 43 In this case, a comparison of the MGQs fixed for each variety of tobacco for the 1989, 1990 and 1991 harvests with the quantities of those varieties actually produced shows that the MGQs were not exceeded for the majority of the varieties at issue, so that it cannot in any event be argued that the system at issue was manifestly inappropriate for the objective pursued. | 1 |
7,217 | 55. Une récupération tardive, postérieure aux délais impartis, ne saurait satisfaire aux exigences du traité FUE (arrêts Commission/Italie, EU:C:2013:832, point 29 et jurisprudence citée, ainsi que Commission/Italie, EU:C:2014:1319, point 50). | 34 Next, it must be remembered that Article 73 of Regulation No 1408/71 is intended in particular to prevent Member States from making entitlement to and the amount of family benefits dependent on residence of the members of the worker' s family in the Member State providing the benefits, so that Community workers are not deterred from exercising their right to freedom of movement (see Case C-321/93 Imbernon Martínez [1995] ECR I-2821, paragraph 21). | 0 |
7,218 | 67. First, the Court has held on numerous occasions that the objective pursued by State measures is not sufficient to exclude those measures outright from classification as ‘aid’ for the purposes of Article 87 EC (see, inter alia, Case C‑487/06 P British Aggregates v Commission [2008] ECR I‑10505, paragraph 84 and the case‑law cited). | 42. En troisième lieu, les difficultés auxquelles serait confrontée l’ACICL peuvent être surmontées par d’autres mécanismes visant à compenser les difficultés financières de celle-ci, comme l’obtention d’une aide juridictionnelle (voir, en ce sens, arrêt du 22 décembre 2010, DEB, C‑279/09, Rec. p. I‑13849, points 59 et 60, ainsi que, par analogie, arrêt Agrokonsulting-04, précité, point 50). | 0 |
7,219 | 120. The tax deduction introduced by Law No 43/1995 can benefit only one category of undertaking, namely undertakings which have export activities and make certain investments referred to by the contested measures. Such a finding is sufficient to show that that tax deduction fulfils the condition of specificity which is one of the characteristics of the definition of State aid, that is, the selective nature of the advantage in question (see, with respect to a preferential rediscount rate for exports granted by a State in favour only of exported domestic products, Commission v France , paragraphs 20 and 21; with respect to interest rate rebates on loans for export, Case 57/86 Greece v Commission [1988] ECR 2855, paragraph 8; with respect to a system relating to insolvency derogating from the ordinary rules for large undertakings in difficulties which owe particularly large debts to certain, mainly public, classes of creditors, Ecotrade , paragraph 38). | 46. The imposition of a penalty payment is not, therefore, justified. | 0 |
7,220 | 31. Moreover, it cannot be inferred either from the wording of Articles 11A(1)(a), 22(3)(b), 22(4) and 22(5) of the Sixth Directive or from their objectives that a specific method of rounding has been laid down by Community law (see, to that effect, Koninklijke Ahold , paragraphs 27 to 30). | 80. In those circumstances, it must be held that the contested national provisions give rise to a difference in treatment which does not comply with the principle of proportionality and that, therefore, the Commission’s action must be upheld. | 0 |
7,221 | 74. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 16 In the present case, as has already been observed in paragraph 6 of this judgment, Régie becomes owner of the sums entrusted to it by the co-owners and lessees for whom it manages the properties, even though it remains under obligation to repay. Moreover, the constant renewal of treasury placements ensures that the balance in the bank accounts held by Régie is relatively stable. Its placements with financial institutions may therefore be regarded as services supplied to those institutions, consisting in the loan of money for a fixed period, duly remunerated by the payment of interest. | 0 |
7,222 | 62. A national provision, such as that at issue in the main proceedings, which establishes a system of general incompatibility between the sector of public works and that of the media, has the consequence of excluding from the award of public contracts public works contractors who are also involved in the media sector on account of a connection as owner, main shareholder, partner or management executive, without affording them any possibility of showing, with regard to any evidence advanced, for instance, by a competitor, that, in their case, there is no real risk of the type referred to in paragraph 60 of this judgment (see, by analogy, Fabricom , paragraphs 33 and 35). | 27. Therefore, it is not permissible to equate the two terms. | 0 |
7,223 | 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). | 61 Lastly, the condition requiring use of the trade mark to be made in accordance with honest practices in industrial or commercial matters must be regarded as constituting in substance the expression of a duty to act fairly in relation to the legitimate interests of the trade mark owner, similar to that imposed on the reseller where he uses another's trade mark to advertise the resale of products covered by that mark. | 0 |
7,224 | 25. It is settled case-law that, in interpreting a provision of Community law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C‑294/01 Granarolo [2003] ECR I-13429, paragraph 34, and Case C-306/05 SGAE [2006] ECR I-0000, paragraph 34). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,225 | 25. The object of such directives is, as is apparent from Article 47(1) EC, to facilitate the mutual recognition of diplomas, by laying down rules and common criteria which result, as far as possible, in automatic recognition of those diplomas (Case C-31/00 Dreessen [2002] ECR I‑663, paragraph 26). | 14. As the Court has stated, it follows that the concept of ‘genuine use’ of the mark entails use of the mark by the proprietor on the market for the goods or services protected by that mark and not just internal use within the undertaking concerned. The protection that the mark confers and the consequences of registering it in terms of enforceability vis-à-vis third parties cannot continue to operate if the mark loses its commercial raison d’être, which is to create or preserve an outlet for the goods or services that bear the sign of which it is composed, as distinct from the goods or services of other undertakings ( Ansul , paragraph 37). | 0 |
7,226 | 79. As to the remainder, it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion, and that the Court cannot take account of any subsequent changes in primary or secondary legislation (see, inter alia, Case C-323/01 Commission v Italy [2002] ECR I-4711, paragraph 8, and Case C-23/05 Commission v Luxembourg [2005] ECR I-9535, paragraph 9). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,227 | 26. Second, it should be noted that an appeal is inadmissible in so far as it merely repeats the pleas in law and arguments previously submitted to the General Court, including those based on facts expressly rejected by it. Such an appeal amounts in reality to no more than a request for re‑examination of the application submitted to the General Court, which the Court of Justice does not have jurisdiction to undertake on appeal (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 51 and the case-law cited). | 25 THE ASSIMILATION TO PRODUCTS ORIGINATING WITHIN THE MEMBER STATES OF GOODS IN ' FREE CIRCULATION ' MAY ONLY TAKE FULL EFFECT IF THESE GOODS ARE SUBJECT TO THE SAME CONDITIONS OF IMPORTATION BOTH WITH REGARD TO CUSTOMS AND COMMERCIAL CONSIDERATIONS , IRRESPECTIVE OF THE STATE IN WHICH THEY WERE PUT IN FREE CIRCULATION .
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7,228 | 27. It is also clear from the judgments cited above in Commission v Spain , paragraph 41, and Commission v Finland , paragraph 54, that although the percentages referred to above are not legally binding, they can none the less constitute, by reason of the scientific value of the work of the ORNIS Committee and the absence before the Court of any element of scientific proof to the contrary, a basis of reference for assessing whether a derogation granted under Article 9(1)(c) of the Directive complies with that provision (see by analogy, in respect of the relevance of scientific data in the field of ornithology, Case C-3/96 Commission v Netherlands [1998] ECR I-3031, paragraphs 69 and 70, and Case C-374/98 Commission v France [2000] ECR I-10799, paragraph 25). | 42 THE COMMISSION ADMITS THAT THE AMOUNT OF THE AID WHICH IT AUTHORIZED BY ITS DECISIONS OF 29 JUNE 1983 EXCEEDS THE AMOUNT OF THE AID PLANS NOTIFIED TO IT BY 30 SEPTEMBER 1982 AND THAT IT DID NOT SEEK THE MEMBER STATES ' VIEWS THEREON . THE COMMISSION FURTHER ADMITS THAT , BY VIRTUE OF ARTICLE 12 ( 1 ) OF THE SECOND AIDS CODE , THE DATE LAID DOWN IN ARTICLE 8 ( 1 ) OF THE CODE MAY BE ALTERED SOLELY WITH THE ASSENT OF THE COUNCIL , WHICH WAS NOT GIVEN IN THIS CASE .
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7,229 | 25. The above analysis cannot be called into question by Lucchini . That judgment concerned a highly specific situation, in which the matters at issue were principles governing the division of powers between the Member States and the Community in the area of State aid, the Commission of the European Communities having exclusive competence to assess the compatibility with the common market of a national State aid measure (see, to that effect, Lucchini , paragraphs 52 and 62). Issues of that nature, relating to the division of powers, do not arise in the present case. | 20 HOWEVER , IN VIEW OF THE SPECIAL NATURE , IN THAT RESPECT , OF THE TRADE IN PHARMACEUTICAL PRODUCTS , NAMELY THE FACT THAT SOCIAL SECURITY INSTITUTIONS ARE SUBSTITUTED FOR CONSUMERS AS REGARDS RESPONSIBILITY FOR THE PAYMENT OF MEDICAL EXPENSES , LEGISLATION OF THE TYPE IN QUESTION CANNOT IN ITSELF BE REGARDED AS CONSTITUTING A RESTRICTION ON THE FREEDOM TO IMPORT GUARANTEED BY ARTICLE 30 OF THE TREATY IF CERTAIN CONDITIONS ARE SATISFIED .
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7,230 | 25 In that respect, the Court has consistently held that the concept of worker has a specific Community meaning and must not be interpreted narrowly. It must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. In order to be treated as a worker, a person must pursue an activity which is effective and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. By contrast, the nature of the legal relationship between the worker and the employer is not decisive for the purposes of determining whether a person is a worker within the meaning of Community law (see, as regards Article 48 of the Treaty, in particular, Case 66/85 Lawrie-Blum v Land Baden-Württemberg [1986] ECR 2121, paragraphs 16 and 17; Case 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205, paragraph 21; Case C-357/89 Raulin [1992] ECR I-1027, paragraph 10; and, as regards Article 6(1) of Decision No 1/80, Günaydin, paragraph 31, and Ertanir, paragraph 43). | 17 EN CE QUI CONCERNE LE CARACTERE PRETENDUMENT ARBITRAIRE DE LA DIFFERENCE DE REGIME ENTRE LES ADAPTATIONS DES ACTES DES INSTITUTIONS RESULTANT DE L' ACTE D' ADHESION LUI-MEME ET DE CELLES DES ACTES PRIS PAR LES INSTITUTIONS CONFORMEMENT A L' ARTICLE 27 DU MEME ACTE, IL Y A LIEU DE RELEVER QUE CETTE DIFFERENCE N' EST QUE LA CONSEQUENCE DES DIFFERENTES PROCEDURES CHOISIES . EN EFFET, ALORS QUE LES ADAPTATIONS PREVUES A L' ARTICLE 27 DE L' ACTE SONT ARRETEES EN VERTU D' ACTES DES INSTITUTIONS, QUI SONT SOUMIS EN TANT QUE TELS AU REGIME GENERAL DU CONTROLE DE LEGALITE PREVU PAR LE TRAITE, LES ADAPTATIONS RESULTANT DIRECTEMENT DE L' ACTE D' ADHESION NE CONSTITUENT PAS DES ACTES DES INSTITUTIONS ET NE SONT DES LORS PAS SUSCEPTIBLES D' UN CONTROLE DE LEGALITE . | 0 |
7,231 | 46. Consequently, according to settled case-law, reliance by a national authority on the concept of public policy presupposes, in any event, the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society ( Rutili , paragraph 28; Bouchereau , paragraph 35; and Orfanopoulos and Oliveri , paragraph 66). | 33. That possibility also accords with the specific logic of Article 78 of the Customs Code, which is to bring the customs procedure into line with the actual situation by correcting material errors or omissions and errors in the interpretation of the applicable law (see, to that effect, Overland Footwear , paragraph 63; Joined Cases C‑430/08 and C‑431/08 Terex Equipment and Others [2010] ECR I‑321, paragraph 56; and Joined Cases C‑608/10, C‑10/11 and C‑23/11 Südzucker [2012] ECR, paragraph 47). | 0 |
7,232 | 35. It follows, first, that, while it might be convenient, in certain circumstances, for the facts of the case to be established and for questions of purely national law to be settled at the time the reference is made to the Court (see Joined Cases 36/80 and 71/80 Irish Creamery Milk Suppliers Association and Others EU:C:1981:62, paragraph 6; Meilicke , C‑83/91, EU:C:1992:332, paragraph 26; and JämO , C‑236/98, EU:C:2000:173, paragraph 31), national courts have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation of provisions of EU law, or consideration of their validity, necessitating a decision on their part (see, inter alia, Rheinmühlen-Düsseldorf , 166/73, EU:C:1974:3, paragraph 3; Mecanarte , C‑348/89, EU:C:1991:278, paragraph 44; Cartesio , C‑210/06, EU:C:2008:723, paragraph 88; and Melki and Abdeli , EU:C:2010:363, paragraph 41). | 21. The references for a preliminary ruling must therefore be declared admissible.
Substance | 0 |
7,233 | 63. Since the reverse charge procedure was indisputably applicable to the cases in the main proceedings, the principle of fiscal neutrality requires deduction of input tax to be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements (see, by way of analogy, Case C‑146/05 Collée [2007] ECR I‑7861, paragraph 31). | 54
As a preliminary point, it must be recalled that the provisions of Article 7, first paragraph, of Decision No 1/80 confer, in clear, precise and unconditional terms, the right on the members of the family of a Turkish worker duly registered as belonging to the labour force of the host Member State to respond, subject to priority being granted to workers of the Member States, to any offer of employment after being legally resident there for at least three years (first indent), and the right freely to take up paid employment of their choice in the Member State in whose territory they have been legally resident for at least five years (second indent) (judgment of 17 April 1997, Kadiman, C‑351/95, EU:C:1997:205, paragraph 27). | 0 |
7,234 | 31. It also follows from the Court’s case-law that, while recourse to Article 95 EC as a legal basis is possible if the aim is to prevent future obstacles to trade resulting from the heterogeneous development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (see, to that effect, Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35, Germany v Parliament and Council , paragraph 86, Case C-377/98 Netherlands v Parliament and Council [2001] ECR I-7079, paragraph 15, and British American Tobacco (Investments) and Imperial Tobacco , paragraph 61). | 15 In that regard, it must be borne in mind that recourse to Article 100a as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws provided that the emergence of such obstacles is likely and the measure in question is designed to prevent them (Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35, and Case C-376/98 Germany v Parliament and Council [2000] ECR I-8419, paragraph 86). | 1 |
7,235 | 23. As regards that weaker position, Article 6(1) of the directive provides that unfair terms are not binding on the consumer. That is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (judgment in Banco Español de Crédito , C‑618/10, EU:C:2012:349, paragraph 40 and case-law cited). | 17 It follows that neither the social purpose for which the disputed charge was introduced nor the fact that its proceeds are paid to the IKA can prevent the charge from being classified as a charge having equivalent effect to a customs duty for the purposes of Articles 9, 12 and 16 of the Treaty. | 0 |
7,236 | 62. Thus, it is settled case-law that, where a Community authority is called upon, in the performance of its duties, to make complex assessments, its discretion applies also, to a certain extent, to the finding of facts underlying its action (see, to that effect, Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 25, and Case C‑120/97 Upjohn [1999] ECR I‑223, paragraph 34). Furthermore, in such circumstances, it is the duty of the competent institution to examine carefully and impartially all the relevant aspects of the individual case (Case C‑269/90 Technische Universität München [1991] ECR I‑5469, paragraph 14). | 30. Il convient de rappeler que, si, dans le cadre d’une procédure en manquement en vertu de l’article 226 CE, il incombe à la Commission d’établir l’existence du manquement allégué, d’apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque, il appartient également aux États membres, en vertu de l’article 4, paragraphe 3, TUE, de lui faciliter l’accomplissement de sa mission, consistant, notamment, selon l’article 17 TFUE, à veiller à l’application des dispositions des traités ainsi que des dispositions prises par les institutions en vertu de celui-ci (voir, en ce sens, arrêts du 12 septembre 2000, Commission/Pays-Bas, C-408/97, Rec. p. I-6417, points 15 et 16; du 16 juin 2005, Commission/Italie, C-456/03, Rec. p. I-5335, point 26, ainsi que du 16 juillet 2009, Commission/Irlande, C-427/07, Rec. p. I‑6277, point 105). | 0 |
7,237 | 24
The referring court recalls that when a manufacturer of a product who, having no contractual relationship with the final consumer but being the first link in a chain of transactions which ends with that final consumer, grants the final consumer a price reduction, the taxable amount for VAT purposes must, in accordance with the case-law of the Court, be reduced by that reduction (see to that effect, the judgments of the Court of Justice of 24 October 1996, Elida Gibbs, C‑317/94, EU:C:1996:400, paragraphs 28 and 31, and of 16 January 2014, Ibero Tours, C‑300/12, EU:C:2014:8, paragraph 29). | 70 Since the intellectual component and the formal component form an inseparable whole, reducing the act to writing is the necessary expression of the intention of the adopting authority. | 0 |
7,238 | 33. In those circumstances, the allowance in lieu to which the worker is entitled must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship. It follows that the worker’s normal remuneration, which is that which must be maintained during the rest period corresponding to the paid annual leave, is also decisive as regards the calculation of the allowance in lieu of annual leave not taken by the end of the employment relationship ( Schultz-Hoff and Others , paragraphs 61 and 62, and Heimann and Toltschin , paragraph 25). The entitlement to annual leave and to a payment on that account must be considered to be two aspects of a single right (see, inter alia, Schultz-Hoff and Others , paragraph 60 and the case-law cited). | 61. It follows that, with regard to a worker who has not been able, for reasons beyond his control, to exercise his right to paid annual leave before termination of the employment relationship, the allowance in lieu to which he is entitled must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship. It follows that the worker’s normal remuneration, which is that which must be maintained during the rest period corresponding to the paid annual leave, is also decisive as regards the calculation of the allowance in lieu of annual leave not taken by the end of the employment relationship. | 1 |
7,239 | 78. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38, and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen, paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 24. The fourth criterion, in contrast to the analysis by the French Government, refers not only to deterioration of the quality of the water which produces harmful effects for ecosystems but also deterioration of the colour, appearance, taste or odour of the water or any other change which prevents or limits water uses such as tourism, fishing, fish farming, clamming and shellfish farming, abstraction of drinking water or cooling of industrial installations. | 0 |
7,240 | 61
Taking into consideration how difficult it is for the Council to produce evidence because of the state of war that prevails in Syria, the Council discharges the burden of proof that lies on it if it presents to the Courts of the European Union a set of indicia sufficiently specific, precise and consistent to establish that there is a sufficient link between the person subject to a measure freezing his funds and the Syrian regime (see, to that effect, the judgments in Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraph 53, and Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 52). | 24
In order to answer those questions, it must be noted that, in accordance with Article 1(1) of Directive 2011/7, the aim of that directive is to combat late payment in commercial transactions, that delay constituting, according to recital 12 of that directive, a breach of contract which has been made financially attractive to debtors because, inter alia, low or no interest is charged on late payments. | 0 |
7,241 | 34. The right to reside within the territory of the Member States under Article 18(1) EC is conferred directly on every citizen of the Union by a clear and precise provision of the EC Treaty subject to the limitations and conditions laid down by the EC Treaty and by the measures adopted to give it effect (Case C-413/99 Baumbast and R [2002] ECR I-7091, paragraphs 84 and 85). | 48 In that regard it should be recalled that it is settled case-law that the Court of Justice will reject outright complaints directed against grounds of a judgment of the Court of First Instance included purely for the sake of completeness since they cannot lead to the judgment being set aside and are therefore nugatory (see, inter alia, Case C-244/91 P Pincherle v Commission [1993] ECR I-6965, paragraph 25, and order in Case C-137/95 P SPO and Others v Commission [1996] ECR I-1611, paragraph 47). | 0 |
7,242 | 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, arrêt du 10 avril 2014, Commission/Italie, C‑85/13, non publié, EU:C:2014:251, point 31 et jurisprudence citée). | 24 Where there are objective factors which lead the host State to consider that the certificate produced contains manifest inaccuracies, that State may, if it so wishes, approach the Member State from which the beneficiary comes with a view to requesting additional information . | 0 |
7,243 | 20. It is to be noted at the outset that management services provided by a third-party manager fall, in principle, within the scope of Article 13B(d)(6) of the Sixth Directive, since the management of special investment funds that is referred to in Article 13B(d)(6) is defined according to the nature of the services provided and not according to the person supplying or receiving the service (see, to this effect, Case C‑169/04 Abbey National [2006] ECR I‑4027, paragraphs 66 to 69). | 25 Finally, such a situation is likely to deter employees in the part-time category, in which the proportion of women is undeniably preponderant, from serving on staff councils or from acquiring the knowledge needed in order to serve on them, thus making it more difficult for that category of worker to be represented by qualified staff council members. | 0 |
7,244 | 51. Moreover, according to settled case-law, grounds of a purely economic nature cannot constitute overriding reasons in the public interest justifying a restriction of a fundamental freedom guaranteed by the Treaties (Case C‑388/01 Commission v Italy [2003] ECR I‑721, paragraph 22, and Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 34). | 12 Article 26 of the Sixth Directive defines the special system of VAT applicable to travel agents and tour operators. | 0 |
7,245 | 30. With regard, more particularly, to the information that must be provided to the Court in an order for reference, that information does not serve only to enable the Court to provide answers which will be of use to the national court; it must also enable the Governments of the Member States and other interested parties to submit observations in accordance with Article 23 of the Statute of the Court of Justice of the European Union. For those purposes, it is necessary that the national court should define the factual and legislative context of the questions which it is asking or, at the very least, explain the factual circumstances on which those questions are based (see Schröder , paragraph 18). | 72. S’agissant du contrôle de la légalité d’une décision adoptant des mesures restrictives, la Cour a jugé que, eu égard à leur nature préventive, si le juge de l’Union considère que, à tout le moins, l’un des motifs mentionnés est suffisamment précis et concret, qu’il est étayé et qu’il constitue en soi une base suffisante pour soutenir cette décision, la circonstance que d’autres de ces motifs ne le seraient pas ne saurait justifier l’annulation de ladite décision (voir arrêt Kadi II, point 130). | 0 |
7,246 | 48. On that point, it should be borne in mind that, according to settled case‑law, the possibility of imposing a fine on the parent company of a subsidiary which has directly participated in an infringement of EU competition law presupposes that the subsidiary does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, regard being had in particular to the economic, organisational and legal links between those two legal entities, and that that is so because, in such a situation, the parent company and its subsidiary form a single economic unit and accordingly form a single undertaking for the purposes of the case-law (see, inter alia, Akzo Nobel and Others v Commission , paragraphs 58 and 59 and the case-law cited). | 43. Directive 2000/78 aims to combat certain types of discrimination as regards employment and occupation. In that context, the concept of ‘disability’ must be understood as referring to a limitation which results in particular from physical, mental or psychological impairments and which hinders the participation of the person concerned in professional life. | 0 |
7,247 | 29. In this respect, it should be recalled that, while a mere finding of disparities between national rules is not sufficient to justify having recourse to Article 95 EC (see, to that effect, Case C-376/98 Germany v Parliament and Council [2000] ECR I-8419, paragraph 84), it is otherwise where there are differences between the laws, regulations or administrative provisions of the Member States which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market (see, to that effect, Germany v Parliament and Council , paragraph 95, and Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 60). | 37. By Question 1, the national court asks, in substance, whether the inclusion of DHKP‑C on the list provided for in Article 2(3) of Regulation No 2580/2001(‘the list’), which DHKP-C has not contested before the courts, must be regarded as having produced effects from the outset despite the fact that the entry was initially made in breach of basic procedural safeguards. | 0 |
7,248 | 87. It should be noted, first, that the exception provided for in Article 5(2)(b) of Directive 2001/29 must be interpreted restrictively, so that it cannot give rise to an interpretation going beyond the cases expressly envisaged (see, by analogy, judgments in ACI Adam and Others , EU:C:2014:254, paragraph 23, and Melzer , C‑228/11, EU:C:2013:305, paragraph 24). | 29. Furthermore, it is in that context that the synallagmatic nature of the contract concluded between RCI Europe and each of its members must be taken into consideration. Even if the various stages of the RCI Weeks system are taken into account, the fact remains that, if there was no intention to exchange timeshare usage rights through the market created by RCI Europe, the enrolment and annual subscription fees would lack any point. | 0 |
7,249 | 50. It is true that the employment of a Turkish national under a residence permit which was issued to him as a result of fraudulent conduct which has led to a conviction or under a provisional residence permit which is valid only pending a final decision on his right of residence cannot give rise to any rights in favour of that national under Article 6(1) of Decision No 1/80 (see Unal , paragraph 47). | 19. It can also be held that there is a single supply where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split ( Part Service , paragraph 53). | 0 |
7,250 | 34. It should also be recalled that the Directive does not completely harmonise the rules relating to the areas to which it applies, but that it lays down minimum rules for broadcasts which emanate from the European Union and which are intended to be received within it (see, Case C‑222/07 UTECA [2009] ECR I‑1407, paragraph 19 and the case-law cited). | 94 With regard to the objection that, when the Commission adopted the contested decision, it failed to observe the principles of bona fide cooperation and due care, the documents before the Court show that a large amount of information was exchanged by the Commission and the Belgian authorities before the adoption of, first, Decision 97/333 and subsequently the contested Decision, inter alia during the conciliation procedure. | 0 |
7,251 | 30 More particularly concerning the review of Member States' compliance with their obligations under Articles 92 and 93 of the Treaty, the national courts and the Commission fulfil complementary and separate roles, as the Court pointed out in its judgment in Case C-39/94 SFEI and Others v La Poste [1996] ECR I-3547, paragraph 41 et seq.). | 55. As has been pointed out in paragraph 41 above, Ms Bolbol has not availed herself of protection or assistance from UNRWA. | 0 |
7,252 | 52. The mere fact that a Member State has chosen a system of protection different from that adopted by another Member State cannot affect the appraisal as to the need for and proportionality of the provisions adopted (Case C-67/98 Zenatti [1999] ECR I-7289, paragraph 34, and Gräbner , paragraph 47). | À titre liminaire, il convient de rappeler que, sous réserve de certaines exceptions non pertinentes pour la présente affaire,
la taxation des véhicules automobiles n’a pas été harmonisée au niveau de l’Union. Les États membres sont donc libres d’exercer
leur compétence fiscale dans ce domaine, à condition de l’exercer dans le respect du droit de l’Union (voir arrêt X, C‑302/12,
EU:C:2013:756, point 23 et jurisprudence citée). | 0 |
7,253 | 26. It is appropriate to begin by recalling that Article 2(1) of that directive defines ‘energy products’ for the purposes of that directive by drawing up an exhaustive list of the products covered by that definition by reference to the codes of the combined nomenclature (judgment in Kernkraftwerke Lippe-Ems , C‑5/14, EU:C:2015:354, paragraph 47). | 43. It follows that the Member States may require the right to deduct to be exercised either during the period in which it arose or over a longer period, subject to compliance with certain conditions and procedures determined by their national legislation. | 0 |
7,254 | 41. En effet, conformément au principe de hiérarchie des normes, un acte établi d’un commun accord par les institutions de l’Union, tel que la réglementation commune, ne saurait fonder une interprétation contra legem de l’article 263, dernier alinéa, TFUE (voir, par analogie, arrêt Italie et Donnici/Parlement, C-393/07 et C-9/08, EU:C:2009:275, point 47). | 47. In addition, pursuant to the principle of the hierarchy of norms, the Parliament may not rely on a provision of its Rules of Procedure and its alleged practice in this area to interpret Article 6 of the 1976 Act in a manner which is contra legem (see, to that effect, the order in Occhetto and Parliament v Donnici , paragraph 45). | 1 |
7,255 | 36. In addition, if the Treaties contain a more specific provision that is capable of constituting the legal basis for the measure in question, the measure must be founded on that provision (see judgments in Commission v Council , C‑338/01, EU:C:2004:253, paragraph 60, and in Commission v Council , Case C‑533/03, EU:C:2006:64, paragraph 45). | 30. It should be noted, as the Advocate General observed at point 18 of his Opinion, that the systematic use of the plural in those provisions indicates that they do not prohibit, in principle, candidates or tenderers from relying on the capacities of more than one third-party entity in order to prove that they meet a minimum capacity level. A fortiori , those provisions do not lay down any general prohibition regarding a candidate or tenderer’s reliance on the capacities of one or more third‑party entities in addition to its own capacities in order to fulfil the criteria set by a contracting authority. | 0 |
7,256 | 52
By contrast, according to the settled case-law of the Court, the unlawful conduct of a subsidiary may be attributed to the parent company in particular where, although having a separate legal personality, that subsidiary does not determine independently its own conduct on the market, but essentially carries out the instructions given to it by the parent company, having regard especially to the economic, organisational and legal links between those two legal entities (see, to that effect, judgments of 14 July 1972, Imperial Chemical Industries v Commission, 48/69, EU:C:1972:70, paragraphs 131 to 133; of 25 October 1983, AEG-Telefunken v Commission, 107/82, EU:C:1983:293, paragraphs 49 to 53; of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 157; and of 17 September 2015, Total v Commission, C‑597/13 P, EU:C:2015:613, paragraph 35). | 43
In addition, the Court has held that, outside the limits laid down therein, Article 273 of the VAT directive does not specify either the conditions or the obligations which the Member States may impose and therefore gives the Member States a margin of discretion with regard to the means of achieving the objectives recalled in paragraph 41 above (see, to that effect, judgments of 26 January 2012, Kraft Foods Polska, C‑588/10, EU:C:2012:40, paragraph 23, and of 26 March 2015, Macikowski, C‑499/13, EU:C:2015:201, paragraph 36). | 0 |
7,257 | 50. An undertaking which has participated in such a single and complex infringement through its own conduct, which fell within the definition of an agreement or concerted practice having an anti-competitive object within the meaning of Article 81(1) EC and was intended to help bring about the infringement as a whole, may thus be responsible also in respect of the conduct of other undertakings in the context of the same infringement throughout the period of its participation in the infringement. That is the case where it can be shown that that undertaking intended, through its own conduct, to contribute to the common objectives pursued by all the participants and that it was aware of the actual conduct planned or put into effect by other undertakings in pursuit of the same objectives or that it could reasonably have foreseen it and that it was prepared to take the risk ( Commission v Anic Partecipazioni , paragraphs 83, 87 and 203, and Aalborg Portland and Others v Commission , paragraph 83). | 7 A TELEX MESSAGE OF 28 MAY 1980 , IN WHICH THAT LETTER WAS REFERRED TO AND A REMINDER OF 28 JULY 1980 MET WITH NO RESPONSE ON THE PART OF THE ITALIAN GOVERNMENT .
| 0 |
7,258 | 25. That interpretation is the only one to ensure the coherence of the system and to permit the unqualified realisation of the objective pursued by the first paragraph of Article 7, which is to create conditions conducive to family reunification in the host Member State, first by enabling family members to be with a migrant worker and then after some time by consolidating their position there by granting them the right to obtain employment in that State (see, in particular, Case C-351/95 Kadiman [1997] ECR I-2133, paragraphs 34 to 36, and Ayaz , paragraph 41). | 97 It must next be borne in mind that it is not necessary, in order for the conditions for the application of Article 90(2) of the Treaty to be fulfilled, that the financial balance or economic viability of the undertaking entrusted with the operation of a service of general economic interest should be threatened. It is sufficient that, in the absence of the rights at issue, it would not be possible for the undertaking to perform the particular tasks entrusted to it, defined by reference to the obligations and constraints to which it is subject (Commission v Netherlands, cited above, paragraph 52) or that maintenance of those rights is necessary to enable the holder of them to perform tasks of general economic interest which have been assigned to it under economically acceptable conditions (Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 to 16, and Commission v Netherlands, cited above, paragraph 53). | 0 |
7,259 | 48. That case-law, which was developed in relation to three-dimensional trade marks consisting of the appearance of the product itself or the packaging of goods, such as liquids, which are packaged in trade for reasons linked to the very nature of the product (see Deutsche SiSi-Werke v OHIM , paragraph 29, and Case C-144/06 P Henkel v OHIM , paragraph 38), also applies where, as in the present case, the trade mark for which registration is sought is an ‘other’ mark consisting of the specific appearance of the surface of the packaging of a liquid product. In such a case, the mark likewise does not consist of a sign that is independent of the appearance of the necessary packaging of the products it designates (see, to that effect, Storck v OHIM , paragraph 29). | 32. In light of those considerations, the reply to the question referred must be that subheading 1212 99 80 of the CN must be interpreted as meaning that shelled pumpkin seeds which have lost their ability to germinate and which are intended for use in the baking industry come under that subheading.
Costs | 0 |
7,260 | 42. It must be acknowledged in that regard that there are courses of action which are capable of jeopardising the right of the Member States to exercise their taxing powers in relation to activities carried on in their territory and thus of undermining a balanced allocation of the power to impose taxes between the Member States (see Marks & Spencer , paragraph 46) and which may justify a restriction on freedom of establishment (see Cadbury Schweppes and Cadbury Schweppes Overseas , paragraphs 55 and 56). The Court has thus held that the fact of giving companies the right to elect to have their losses taken into account in the Member State in which they are established or in another Member State would seriously undermine a balanced allocation of the power to impose taxes between the Member States, since the tax base would be increased in the first State, and reduced in the second, by the amount of the losses surrendered. | 49. Consequently, Article 296(1)(b) EC, to which Article 3 of Directive 93/36 refers, cannot properly be invoked by the Italian Republic to justify recourse to the negotiated procedure for the purchase of those helicopters. | 0 |
7,261 | In that regard, it follows from the case-law that, in the event of the adoption of a decision to freeze funds such as that adopted in respect of the appellant, it is not for the General Court to verify whether or not the investigations to which the person concerned by that decision was subject were well founded, but only to verify whether that was the case as regards the decision to freeze funds in the light of the document or documents on which that decision was based (see, to that effect, judgment of 5 March 2015, Ezz and Others v Council, C‑220/14 P, EU:C:2015:147, paragraph 77). | 41 AT THE SAME TIME , CONSIDERATION MUST BE GIVEN TO THE QUESTION WHETHER , AS THE DEFENDANT MAINTAINS , THE APPLICANT IS NOT , ON ACCOUNT OF HIS CONDUCT , PARTIALLY RESPONSIBLE FOR THE DAMAGE SUFFERED .
| 0 |
7,262 | 27. Next, according to settled case-law, the freedom of establishment conferred by Article 43 EC on Community nationals includes the right for them to take up and pursue activities as self-employed persons and to set up and manage undertakings under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, to that effect, Case C-212/97 Centros [1999] ECR I‑1459, paragraph 19, and Case C-170/05 Denkavit Internationaal and Denkavit France [2006] ECR I-11949, paragraph 20). | 252THE QUESTIONS THEREFORE TO BE DETERMINED ARE WHETHER THE DIFFERENCE BETWEEN THE COSTS ACTUALLY INCURRED AND THE PRICE ACTUALLY CHARGED IS EXCESSIVE , AND , IT THE ANSWER TO THIS QUESTION IS IN THE AFFIRMATIVE , WHETHER A PRICE HAS BEEN IMPOSED WHICH IS EITHER UNFAIR IN ITSELF OR WHEN COMPARED TO COMPETING PRODUCTS .
| 0 |
7,263 | 52 Moreover, according to the case-law of the Court referred to in paragraphs 47 and 48 above, the Commission cannot be criticised, in these circumstances, for not providing sufficient reasoning to satisfy the requirements of Article 253 EC. | 42. As narcotic drugs which are not distributed through such strictly controlled channels are prohibited from being released into the economic and commercial channels of the European Union, a coffee-shop proprietor cannot rely on the freedoms of movement or the principle of non-discrimination, in so far as concerns the marketing of cannabis, to object to municipal rules such as those at issue in the main proceedings. | 0 |
7,264 | 25 As regards, in particular, the compensation granted by an employer to an employee on termination of his employment, the Court has already stated that such compensation is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from such termination (see Barber, cited above, paragraph 13, and Case C-33/89 Kowalska [1990] ECR I-2591, paragraph 10). | 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 |
7,265 | 41. S’agissant de l’argument de la République italienne tiré du caractère complexe des procédures nationales de faillite, il y a lieu de rappeler que, selon une jurisprudence constante, le seul moyen de défense susceptible d’être invoqué par un État membre contre un recours en manquement introduit par la Commission sur le fondement de l’article 108, paragraphe 2, TFUE est celui tiré d’une impossibilité absolue d’exécuter correctement la décision en cause (voir, notamment, arrêts du 22 décembre 2010, Commission/Italie, C-304/09, Rec. p. I‑13903, point 35, et du 21 mars 2013, Commission/Italie, précité, point 36). Or, en l’espèce, ni dans ses contacts avec la Commission non plus que dans le cadre de la procédure devant la Cour, la République italienne n’a invoqué une impossibilité absolue d’exécution de la décision 2010/359. | 181 In that connection, it should be observed that, contrary to what the appellants maintain, an administrative procedure may involve an examination in two successive stages. | 0 |
7,266 | 110. It is true that the obligation on a national court to refer to the content of a directive when interpreting and applying the relevant rules of domestic law is limited by general principles of law, particularly those of legal certainty and non-retroactivity, and that obligation cannot serve as the basis for an interpretation of national law contra legem (see, by analogy, Case C-105/03 Pupino [2005] ECR I‑5285, paragraphs 44 and 47). | 77. Cependant, par dérogation à cette règle générale, certaines activités de nature économique ne sont pas soumises à la TVA. Une telle dérogation est prévue à l’article 13, paragraphe 1, premier alinéa, de la directive 2006/112, en vertu duquel les activités accomplies par des organismes de droit public agissant en qualité d’autorités publiques ne sont pas soumises à cette taxe. Toutefois, même lorsque ces organismes exercent une telle activité en leur qualité d’autorités publiques, ils doivent être considérés comme des assujettis, conformément, notamment, à l’article 13, paragraphe 1, second alinéa, de la directive 2006/112, dans la mesure où leur non-assujettissement conduirait à des distorsions de concurrence d’une certaine importance (voir, en ce sens, arrêts Isle of Wight Council e.a., précité, points 30 et 31, ainsi que du 4 juin 2009, SALIX Grundstücks-Vermietungsgesellschaft, C‑102/08, non encore publié au Recueil, points 62 et 63). | 0 |
7,267 | 55. Suffice it to state with regard to those submissions that, while the Court has held that a national provision by which a Member State discharges its obligations under a directive cannot be classified as a barrier to trade ( that n see, to this effect, Case 46/76 Bauhuis [1977] ECR 5, paragraphs 28 to 30, Case C-246/98 Berendse-Koenen [2000] ECR I‑1777, paragraphs 24 and 25, and Deutscher Apothekerverband , cited above, paragraphs 52 to 54), it is clear that Article 5 of Directive 94/62 merely authorises the Member States to encourage systems for the reuse of packaging in conformity with the Treaty, without imposing any obligation to that effect. | 105 It is not in dispute that the amendments made in 1995 to the 1980 Protocol added an Annex II thereto, concerning the principles relating to CRSs, including those applying to CRSs offered for use or used in Finnish territory. By acting in that way, the Republic of Finland infringed the exclusive external competence of the Community arising from Regulation No 2299/89. | 0 |
7,268 | 48. It must be remembered first of all that the Sixth Directive establishes a common system of VAT based, inter alia, on a uniform definition of taxable transactions (see, in particular, Case C-305/01 MGK-Kraftfahrzeuge-Factoring [2003] ECR I-6729, paragraph 38). | 15 IN THE CIRCUMSTANCES THAT NOTE MAY BE REGARDED AS HAVING MARKED THE COMMENCEMENT OF THE PERIOD FOR BRINGING AN ACTION UNDER ARTICLE 91 OF THE STAFF REGULATIONS WITHOUT ITS BEING POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A FORMAL COMPLAINT UNDER ARTICLE 90 . IN VIEW OF THE NATURE OF THE PERIODIC REPORT WHICH EXPRESSES THE OPINION FREELY DRAWN UP OF THE REPORTING OFFICERS AND NOT THE ASSESSMENT BY THE APPOINTING AUTHORITY , THE MAKING OF A FORMAL COMPLAINT UNDER ARTICLE 90 DOES NOT APPEAR TO BE A NECESSARY PRE-CONDITION TO BRINGING AN ACTION . IT IS THEREFORE NECESSARY TO HOLD FOR REASONS SIMILAR TO THOSE EXPRESSED BY THE COURT REGARDING THE DECISIONS OF SELECTION BOARDS IN COMPETITIONS ( CF . THE JUDGMENT OF THE FIRST CHAMBER OF THE COURT OF 16 MARCH 1978 IN CASE 7/77 WULLERSTORFF UND URBAIR V COMMISSION ( 1978 ) ECR 769 ) THAT ACTION AGAINST THE PERIODIC REPORT LIES AS FROM THE DATE ON WHICH THAT REPORT MAY BE REGARDED AS FINAL AND THAT IT IS NOT POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A COMPLAINT UNDER ARTICLE 90 . IN THE PRESENT CASE THE PERIODIC REPORT MUST BE REGARDED AS BEING FINAL FROM THE TIME AT WHICH THE LETTER FROM THE SECRETARY GENERAL OF 20 MARCH 1979 WAS SENT TO THE APPLICANT .
| 0 |
7,269 | 121. As regards the review of legality, the Court of Justice has held that whilst, in areas giving rise to complex economic assessments, the Commission has a margin of discretion with regard to economic matters, that does not mean that the Courts of the European Union must refrain from reviewing the Commission’s interpretation of information of an economic nature. Not only must those Courts establish, among other things, whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the 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 Case C‑12/03 P Commission v Tetra Laval [2005] ECR I‑987, paragraph 39, and Case C‑525/04 P Spain v Lenzing [2007] ECR I‑9947, paragraphs 56 and 57). | 61 Under those circumstances, it follows clearly from the provisions of Regulation No 1612/68, in particular Articles 10 and 12 thereof, that the children of R's first husband continue to enjoy a right to reside in the host Member State as well as the right to pursue their education there under the same conditions as the nationals of that State. | 0 |
7,270 | 43. It follows from those paragraphs of the judgment under appeal that the General Court based its assessment of the dual basis method adopted by the Commission in the contested decision on its own interpretation of that method, considered as a whole (see Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraphs 121 and 132). | 70 The purpose of the Agreement is to establish an association to promote the development of trade and economic relations between the parties, including in the field of employment, through the progressive achievement of freedom of movement for workers, with a view to improving the standard of living of the Turkish people and facilitating the accession of the Turkish Republic to the Community at a later date (see the fourth recital in the preamble to the Agreement). | 0 |
7,271 | 43. It follows that, when determining the scope of the public policy exception provided for in Article 14(1) of Decision No 1/80, reference should be made to the interpretation given to that exception in the field of freedom of movement for workers who are nationals of a Member State of the Community. Such an approach is all the more justified because Article 14(1) is formulated in almost identical terms to Article 48(3) of the Treaty (Case C-340/97 Nazli [2000] ECR I‑957, paragraph 56). | 18. En outre, la Cour a récemment jugé qu’un État membre ne saurait justifié un éventuel retard dans l’exécution de son obligation résultant de l’article 26, paragraphe 3, de la directive par le fait qu’il a décidé de mettre en œuvre la méthode «push» (voir arrêt du 11 septembre 2008, Commission/Lituanie, C‑274/07, non encore publié au Recueil, point 52). | 0 |
7,272 | 28 While the absence of any contractual link between the transferor and the transferee or, as in this case, between the two undertakings successively entrusted with the operation of bus routes may point to the absence of a transfer within the meaning of Directive 77/187, it is certainly not conclusive (Case C-13/95 Süzen [1997] ECR I-1259, paragraph 11). | 17 The supplements scheme is therefore essential in order to preserve the nature of the allowance granted under the AOW as a basic allowance and in order to guarantee the couple, where one of the spouses has not yet reached pensionable age, an income equal to the social minimum which they will receive when they are both pensioners. | 0 |
7,273 | 85. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 62. En vertu de l’article 11 des règlements n os 1552/89 et 1150/2000, tout retard dans les inscriptions au compte visé à l’article 9, paragraphe 1, des mêmes règlements donne lieu au paiement par l’État membre concerné d’intérêts applicables à toute la période du retard (voir, notamment, arrêts du 14 avril 2005, Commission/Pays-Bas, C‑460/01, Rec. p. I‑2613, point 91, ainsi que Commission/Allemagne, précité, point 94 et jurisprudence citée), indépendamment de la raison du retard et d’un délai fixé par la Commission pour la mise à disposition des ressources propres (voir, notamment, arrêt Commission/Allemagne, précité, points 93 et 95). | 0 |
7,274 | 33. It must be borne in mind that, as the Commission rightly observes, the Court has already found that it is possible to limit the subject-matter of the proceedings at the stage of the proceedings before the Court (see to that effect Case C-279/94 Commission v Italy [1997] ECR I-4743, paragraphs 24 and 25; Case C-52/00 Commission v France [2002] ECR I-3827, paragraph 44; Case C-139/00 Commission v Spain [2002] ECR I-6407, paragraphs 18 and 19; and Case C-433/03 Commission v Germany [2005] ECR I-6985, paragraph 28). Accordingly, the Commission could limit the subject-matter of the failure to fulfil obligations alleged in its application to one of the species and one of the hunting methods mentioned during the pre-litigation procedure. | 33. Furthermore, it follows from the general scheme and purpose of that note that the expression ‘are to be classified in the headings appropriate to their respective functions’ does not seek to have one function take priority over others also performed by the apparatus to be classified and which also constitute data processing, but to prevent apparatus whose function has nothing to do with data processing from being classified under heading 8471 for the sole reason that they incorporate an automatic data-processing machine or work in connection with such a machine. | 0 |
7,275 | 23 According to the settled case-law of the Court, which has interpreted the concept of similarity widely, in order to determine whether products are similar it is necessary to consider whether they have similar characteristics and meet the same needs from the point of view of consumers, the test being not whether they are strictly identical but whether their use is similar and comparable (Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 27). | 58. Nevertheless, as Article 30 EC provides, the provisions of Article 28 EC do not preclude prohibitions or restrictions on imports, exports or goods in transit justified inter alia on grounds of protection of the health and life of humans. | 0 |
7,276 | 32
It follows that the object of an appeal brought against the judgment under appeal can only be to call into question at least one of those two aspects of the decision of the General Court, contesting either the annulment of certain measures as ordered by the General Court or the dismissal, for the remainder, of the action brought by Mr Akhras (see, by analogy, the order in Cytochrome Development v OHIM, C‑490/13 P, EU:C:2014:2122, paragraph 32). Conversely, an appeal which sought only a substitution of the grounds stated by the General Court for that decision, without requesting that that decision be wholly or partly set aside, would have to be considered, pursuant to Article 169(1) of the Court’s Rules of Procedure, to be inadmissible (see, to that effect, the judgments in Al-Aqsa v Council and Netherlands v Al-Aqsa, C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraphs 44 and 45, and Council and Others v Vereeniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht, C‑401/12 P to C‑403/12 P, EU:C:2015:4, paragraphs 33 and 34). | 35
Under the principle of cooperation in good faith laid down in Article 4 TEU, Member States are nevertheless required to nullify the unlawful consequences of that breach of EU law. The competent national authorities are therefore under an obligation to take all measures necessary, within the sphere of their competence, to remedy the failure to carry out an environmental impact assessment, for example by revoking or suspending consent already granted in order to carry out such an assessment (see, to that effect, judgments of 7 January 2004, Wells, C‑201/02, EU:C:2004:12, paragraphs 64 and 65; of 3 July 2008, Commission v Ireland, C‑215/06, EU:C:2008:380, paragraph 59; and of 28 February 2012, Inter-Environnement Wallonie and Terre wallonne, C‑41/11, EU:C:2012:103, paragraphs 42, 43 and 46). | 0 |
7,277 | 41. It must be borne in mind, as a preliminary point, that it is clear from Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice that the Court of First Instance has exclusive jurisdiction, first, to find the facts, except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. When the Court of First Instance has found or assessed the facts, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and the legal conclusions it has drawn from them. The Court of Justice thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice (see Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraphs 51 and 52 and the case-law there cited). | 64. In addition, with regard to the intended objectives of the consultations, under Article 2(2) of Directive 98/59, those consultations are, at least, to cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed, inter alia, at aid for redeploying or retraining workers made redundant. If a consultation on those matters is to have any meaning, the subsidiary whose employees will be affected by the contemplated collective redundancies must be known. | 0 |
7,278 | 39. It should be borne in mind in that regard that the provisions on citizenship of the Union are applicable as soon as they enter into force and therefore they must be applied to the present effects of situations arising previously (see Case C‑224/98 D’Hoop [2002] ECR I‑6191, paragraph 25 and the case-law cited). | 29. En premier lieu, il convient d’examiner si l’article en cause présente les caractéristiques et les propriétés objectives permettant son classement dans la position 7318 de la NC. | 0 |
7,279 | 35. In order to ensure that Regulation No 44/2001 is given full effect and an autonomous interpretation, reference should be made principally to its general scheme and objectives (Case 201/82 Gerling Konzern Speziale Kreditversicherung and Others [1983] ECR 2503, paragraph 11; Case C‑295/95 Farrell [1997] ECR I‑1683, paragraphs 12 and 13; Case C‑269/95 Benincasa [1997] ECR I‑3767, paragraph 12; and Case C‑433/01 Blijdenstein [2004] ECR I‑981, paragraph 24). Consequently, the application given to specific legal forms of substitution, such as a statutory assignment, provided for by Austrian law and in the legal systems of the Member States, cannot have an effect on the interpretation of the provisions of the regulation. A contrary interpretation would necessarily make the interpretation of Regulation No 44/2001 dependent on the national law of the Member States and jeopardise the uniform application of that regulation in the Community. | 82. À cet égard, il ressort de la jurisprudence relative à l’article 4, paragraphe 5, premier alinéa, de la sixième directive, dont le contenu correspond à celui de l’article 13, paragraphe 1, premier alinéa, de la directive 2006/112, que ces dispositions envisagent la situation dans laquelle des organismes de droit public exercent en qualité de sujets de droit public, dans le cadre du régime juridique qui leur est particulier, des activités ou opérations qui peuvent également être accomplies en concurrence avec eux par des particuliers sous un régime de droit privé ou sur la base de concessions administratives. En revanche, lorsque ces organismes de droit public agissent dans les mêmes conditions juridiques que des opérateurs économiques privés, ils ne peuvent être considérés comme exerçant ces activités ou opérations «en tant qu’autorités publiques» (voir, notamment, arrêts du 17 octobre 1989, Comune di Carpaneto Piacentino e.a., 231/87 et 129/88, Rec. p. 3233, point 16, ainsi que du 8 juin 2006, Feuerbestattungsverein Halle, C‑430/04, Rec. p. I‑4999, point 24). | 0 |
7,280 | 55. That principle, which constitutes the ‘cornerstone’ of judicial cooperation, means that, pursuant to Article 1(2) of the Framework Decision, Member States are in principle obliged to give effect to a European arrest warrant. They are thus either obliged to execute, or may not refuse to execute, such a warrant, and they may make its execution subject to conditions only in the cases listed in Articles 3 to 5 of that Framework Decision. Equally, according to Article 28(3) of the Framework Decision, consent to a subsequent surrender may be refused only in those same cases (see, to that effect, Leymann and Pustovarov , paragraphs 49 and 51; Wolzenburg , paragraph 57; and Mantello , paragraphs 36 and 37). | 14 QUE LA JUSTIFICATION DE CETTE INTERDICTION RESIDE DANS L ' ENTRAVE QUE DES CHARGES PECUNIAIRES , FUSSENT-ELLES MINIMES , APPLIQUEES EN RAISON DU FRANCHISSEMENT DES FRONTIERES CONSTITUENT POUR LA CIRCULATION DES MARCHANDISES ; | 0 |
7,281 | 38. If such a measure or interpretation should, however, prove not to be possible, attention should be drawn to the importance, both in the legal order of the European Union and in national legal systems, of the principle of res judicata . In order to ensure stability of the law and legal relations, as well as the sound administration of justice, it is important that judicial decisions which have become definitive after all rights of appeal have been exhausted or after expiry of the time-limits provided for in that regard can no longer be called into question (see judgments in Fallimento Olimpiclub , C‑2/08, EU:C:2009:506, paragraph 22, and Târșia , C‑69/14, EU:C:2015:662, paragraph 28). | 39
That interpretation is supported by analysis of the objectives of that directive and, specifically, Article 7(3)(b) thereof. | 0 |
7,282 | 33. In the area of freedom to provide services, Article 49 EC is a specific expression of the principle of equal treatment provided for in Article 12 EC, which prohibits all discrimination on grounds of nationality (see Case C-3/88 Commission v Italy [1989] ECR 4035, paragraph 8, and Case C-388/01 Commission v Italy [2003] ECR I-721, paragraph 13). | 16 In that respect, it should be noted that only advantages granted directly or indirectly through State resources are to be considered as State aid within the meaning of Article 92(1). The distinction made in that provision between aid granted "by a Member State" and aid granted "through State resources" does not signify that all advantages granted by a State, whether financed through State resources or not, constitute aid but is intended merely to bring within that definition both advantages which are granted directly by the State and those granted by a public or private body designated or established by the State (Sloman Neptun, paragraph 19). | 0 |
7,283 | 33. However, the Court has already held that it follows from the very wording of Article 11a(2) of Regulation No 1062/87, as well as from the substantially identical provisions which succeeded it, namely Article 49(2) of Commission Regulation (EEC) No 1214/92 of 21 April 1992 on provision for the implementation of the Community transit procedure and for certain simplifications of that procedure (OJ 1992 L 132, p. 1) and Article 379(2) of Regulation No 2454/93, that notification by the office of departure to the principal of the time-limit by which the proof requested must be furnished is mandatory and must precede recovery of the customs debt (see, to that effect, Case C‑460/01 Commission v Netherlands [2005] ECR I‑2613, paragraphs 62 and 80). | 539 IF SUCH AN AGENT WORKS FOR HIS PRINCIPAL HE CAN IN PRINCIPLE BE REGARDED AS AN AUXILIARY ORGAN FORMING AN INTEGRAL PART OF THE LATTER'S UNDERTAKING BOUND TO CARRY OUT THE PRINCIPAL'S INSTRUCTIONS AND THUS, LIKE A COMMERCIAL EMPLOYEE, FORMS AN ECONOMIC UNIT WITH THIS UNDERTAKING . | 0 |
7,284 | 40 As the Court held in Joined Cases 188/80, 189/80 and 190/80 France, Italy and United Kingdom v Commission [1982] ECR 2545, paragraph 12, Article 90 concerns only undertakings for whose actions States must take special responsibility by reason of the influence which they may exert over such actions. It emphasizes that such undertakings, subject to the provisions contained in paragraph 2, are subject to all the rules laid down in the Treaty and, further, requires the Member States to respect those rules in their relations with those undertakings. | 23 The Court observed in that connection at paragraphs 23 to 25 of its judgment in Casarin that if the increase in the coefficient for vehicles with a fiscal horsepower of over 18 CV does indeed deter some consumers from buying such vehicles, those consumers will choose a model in the tax band immediately below, the 17-18 CV band, or in the 15-16 CV band. At the time of the facts in Casarin, those two tax bands included both imported vehicles and vehicles of domestic manufacture, although a very large majority of the vehicles in the 17-18 CV tax band were manufactured abroad and those in the 15-16 CV band were for the most part of domestic manufacture. | 0 |
7,285 | 110. Since the question of interpretation raised cannot be resolved by the wording of Clause 4 of the framework agreement, it is necessary, in accordance with settled case-law, to take into consideration the context and the objectives pursued by the rules of which that clause is part (see, in particular, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St. Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10; Case C‑223/98 Adidas [1999] ECR I‑7081, paragraph 23; and Case C‑76/06 P Britannia Alloys & Chemicals v Commission [2007] ECR I‑4405, paragraph 21). | 20 In that respect, it should be borne in mind, first, that the Directive is designed to protect commercial agents, as defined in the Directive (Case C-215/97 Bellone v Yokohama [1998] ECR I-2191, paragraph 13). | 0 |
7,286 | 31. First of all, according to the Court’s settled case-law, the principle of the protection of legal certainty is aimed at ensuring foreseeability of situations and legal relations and requires, inter alia, that the tax position of the taxable person, having regard to his rights and obligations vis-à-vis the tax or customs authorities, not to be open to challenge indefinitely (see, to that effect, inter alia, judgments in Alstom Power Hydro , C‑472/08, EU:C:2010:32, paragraph 16, and Elsacom , C‑294/11, EU:C:2012:382, paragraph 29). | 68. Firstly, it must be stated that, by requiring the relevant documents to be translated into German, the disputed provision constitutes a restriction on the freedom to provide services. | 0 |
7,287 | 48. In that regard, the Court notes that, in many areas, it is settled case-law that, in the absence of relevant European Union rules, the detailed procedural rules designed to ensure the protection of the rights which individuals acquire under European Union law are a matter for the domestic legal order of each Member State, provided that they are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not render impossible in practice or excessively difficult the exercise of rights conferred by the European Union legal order (principle of effectiveness) (see, to that effect, in relation to recovery of undue payments, Joined Cases C-10/97 to C-22/97 IN. CO. GE.’90 and Others [1998] ECR I-6307, paragraph 25; in relation to administrative law, Joined Cases C-222/05 to C-225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 28; in relation to the non-contractual liability of a Member State, Case C-445/06 Danske Slagterier [2009] ECR I-2119, paragraph 31; and, in relation to the requirement of a certificate for a tax advantage, Case C-262/09 Meilicke and Others [2011] ECR I-5669, paragraph 55 and the case-law cited). | 51 Where, as in the main proceedings, the payment is made into the account of a third party but, because of the existence of a condition precedent, it is not certain that the payment is actually due, the member's obligation to make the payment in question becomes real and undisputed only at the time when that condition is fulfilled. Therefore, it is only as from that time that the said payment is to be regarded as amounting to a contribution within the meaning of Article 4(1)(c) of Directive 69/335. | 0 |
7,288 | In that regard, it must be pointed out that the determination of distinctive character, or lack of distinctive character, of the various elements of a sign and their importance in the overall impression given by the sign involves a weighing up of those criteria that entails an analysis of a factual nature which, unless the facts or evidence have been distorted, falls outside the jurisdiction of the Court of Justice (see, to that effect, judgment of 17 July 2008, L & D v OHIM, C‑488/06 P, EU:C:2008:420, paragraphs 82 and 83; order of 24 March 2011, Muñoz Arraiza v OHIM, C‑388/10 P, not published, EU:C:2011:185, paragraphs 63 and 66; judgments of 6 September 2012, United States Polo Association v OHIM, C‑327/11 P, not published, EU:C:2012:550 paragraphs 57, 59 and 61, and of 21 February 2013, Seven for all mankind v Seven, C‑655/11 P, not published, EU:C:2013:94, paragraph 85). | 37
Thus, as set out in paragraph 27 of the present judgment, Article 7(1)(a) of Directive 2004/38 confers a right of residence on all Union citizens who have the status of ‘workers or self-employed persons’. Similarly, Article 7(3) of that directive refers, in its introductory sentence, to Union citizens who, although no longer ‘worker[s] or self-employed person[s]’, are to retain the status of ‘worker or self-employed person’ for the purposes of Article 7(1)(a). | 0 |
7,289 | 20. In that regard, while it is true that the need to safeguard the cohesion of the tax system can justify a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty ( Bachmann , paragraph 28, and Case C-300/90 Commission v Belgium [1992] ECR I-305, paragraph 21), such an exception to the fundamental principle of the free movement of capital must none the less be construed strictly and subject to the limitations of the doctrine of proportionality. In the cases which led to the two judgments referred to above, there was a direct link between the deductibility of the contributions and the taxation of sums payable by insurers under pension and life insurance contracts, and that link had to be maintained to preserve the cohesion of the tax system concerned (see, inter alia, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 24, and Case C‑436/00 X and Y [2002] ECR I-10829, paragraph 52). | 42. In that regard, it must be borne in mind that, in accordance with the second, third and fourth recitals in the preamble to Directive 91/477, that directive was adopted with the aim of establishing the internal market and the abolition of controls on the safety of objects transported and on persons entails, among other things, the approximation of weapons legislation. | 0 |
7,290 | 27. According to equally established case-law, the criteria for assessing the distinctive character of three-dimensional marks consisting of the shape of the product itself are no different from those applicable to other categories of trade mark (see Henkel v OHIM , paragraph 38, and Case C‑136/02 P Mag Instrument v OHIM [2004] ECR I‑9165, paragraph 30). | 28
As regards the first part of the second ground of appeal alleging that the Commission breached the EU law principle of good faith, it must be noted that, by the argument put forward in support, the appellant merely challenges the Commission’s decision. Accordingly, such a line of argument, which is not directed against the judgment under appeal, is inadmissible in an appeal. | 0 |
7,291 | 17 As regards trade with non-member countries, the Treaty contains no express provisions similar to those which prohibit the imposition of charges having an effect equivalent to customs duties in trade between Member States (Joined Cases 2/69 and 3/69 Sociaal Fonds voor de Diamantarbeiders v Brachfeld and Another [1969] ECR 211, paragraph 28). Nevertheless, the establishment of the Common Customs Tariff means that the Member States may not subsequently introduce, unilaterally, new charges on goods imported directly from non-member countries or raise the level of those in existence at that time (Joined Cases 37/73 and 38/73 Sociaal Fonds voor de Diamantarbeiders v Indiamex and Another [1973] ECR 1609, paragraph 22). | 45
Nevertheless, it is also necessary to bear in mind, first, Article 21(2) of that agreement, which permits taxpayers whose situations are not comparable, especially as regards their place of residence, to be treated differently for tax purposes. | 0 |
7,292 | 75 With regard to the first aspect, it must be emphasised that, in Germany v Council, cited above, the Court held that it was lawful to introduce the global tariff quota for imports of third-country and non-traditional ACP bananas as distinct from traditional imports from the ACP countries which enjoyed favourable terms under the Lomé Convention. | 21 Under the Court's case-law, the concept of public policy may be relied upon in the event of a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society (see Case 30/77 Bouchereau [1977] ECR 1999, paragraph 35). | 0 |
7,293 | 44. As observed by the Advocate General in paragraph 37 of his Opinion, the objective of Directive 76/769 would not be attainable if the Member States were free to widen the obligations provided for therein. The provisions of that directive have exhaustive character and the retention or adoption by the Member States of measures other than those laid down by the directive is incompatible with its objective (see, to that effect, Case 148/78 Ratti [1979] ECR 1629, paragraphs 25 to 27, and Case 278/85 Commission v Denmark [1987] ECR 4069, paragraph 22). | 46
As is apparent from paragraphs 40 to 43 of this judgment, such legislation is likely to have an impact, however minor, on contractual relations, particularly since, as was indicated at the hearing, it is not unusual for the drawing-up of an invoice to be the only concrete manifestation of those relations. Moreover, as the Advocate General observed in point 69 of his Opinion, that impact depends not on a future and hypothetical event, but on the exercise of the right to free movement of goods (see, by analogy, inter alia, judgment of 1 April 2008 in Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 51). | 0 |
7,294 | 28. As regards the possible breach of the legitimate expectations of those concerned, it must be borne in mind that any trader in regard to whom an institution has given rise to justified hopes may rely on the principle of the protection of legitimate expectations (Case C-22/94 Irish Farmers Association and Others [1997] ECR I‑1809, paragraph 25). | 22
It also follows from the wording of Article 4(6) of Framework Decision 2002/584, as the Advocate General stated in point 45 of his Opinion, that any refusal to execute an EAW presupposes an actual undertaking on the part of the executing Member State to execute the custodial sentence imposed on the requested person, even though, in any event, the mere fact that that Member State declares itself ‘willing’ to execute the sentence could not be regarded as justifying such a refusal. This indicates that any refusal to execute an EAW must be preceded by the executing judicial authority’s examination of whether it is actually possible to execute the sentence in accordance with its domestic law. In the event that the executing Member State finds that it is in fact impossible to undertake to execute the sentence, it falls to the executing judicial authority to execute the EAW and, therefore, to surrender the requested person to the issuing Member State. | 0 |
7,295 | 36. Although the condition that a natural or legal person can bring an action challenging a regulation only if he is concerned both directly and individually must be interpreted in the light of the principle of effective judicial protection by taking account of the various circumstances that may distinguish an applicant individually, such an interpretation cannot have the effect of setting aside the condition in question, expressly laid down in the Treaty. The Community Courts would otherwise go beyond the jurisdiction conferred by the Treaty (see Unión de Pequeños Agricultores v Council , paragraph 44). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,296 | 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). | 50. Proceedings concerning State aid may be commenced before national courts requiring those courts to interpret and apply the concept of aid contained in Article 87(1) EC, in particular in order to determine whether State aid introduced without observance of the preliminary examination procedure provided for in Article 88(3) EC ought to have been subject to this procedure (Case 78/76 Steinike & Weinlig [1977] ECR 595, paragraph 14, and Case C-354/90 Fédération nationale du commerce extérieur des produits alimentaires and Syndicat national des négociants et transformateurs de saumon [1991] ECR I-5505, paragraph 10). Similarly, in order to be able to determine whether a State measure established without taking account of the preliminary examination procedure laid down by Article 6 of the third code should or should not be made subject to that procedure, a national court may have occasion to interpret the concept of aid referred to in Article 4(c) of the ECSC Treaty and Article 1 of the third code (see, by analogy, Case C-390/98 Banks [2001] ECR I-6117, paragraph 71). | 0 |
7,297 | 30. In order to provide the referring court with a comprehensive answer, it should also be recalled that it has been consistently held that a directive cannot of itself impose obligations on an individual and that a provision of a directive cannot therefore be relied on as such against that individual (see Joined Cases C‑74/95 and C‑129/95 X [1996] ECR I‑6609, paragraphs 23 to 25, and Joined Cases C‑387/02, C-391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 73 and 74). | 65 Consequently, the authorities and, if need be, the courts of the host Member State must verify in turn, before demanding that social or labour documents complying with their own rules be drawn up and kept in the territory of that State, that the social protection for workers which may justify those requirements is not sufficiently safeguarded by the production, within a reasonable time, of originals or copies of the documents kept in the Member State of establishment or, failing that, by keeping the originals or copies of those documents available on site or in an accessible and clearly identified place in the territory of the host Member State. | 0 |
7,298 | 93. As the Commission observes, in the case of an authorisation procedure for carrying out an activity, in its application of the national provisions the Member State concerned must take into account the knowledge and qualifications already acquired by the party concerned in another Member State (see, to that effect, Vlassopoulou , paragraph 15). In the context of this authorisation procedure, the examination of abilities and qualifications must be carried out by the national authorities in accordance with a procedure in conformity with the requirements of Community law concerning the effective protection of the fundamental rights conferred by the Treaty on Community subjects. Consequently, reasons must be given for a decision taken following that examination and it must be capable of being made the subject of judicial proceedings (see, to that effect, Case 222/86 Heylens and Others [1987] ECR 4097, paragraph 17, and Vlassopoulou , paragraph 22). | 48 It follows that all the international commitments challenged in the principal claim must be assessed in relation to the provisions of Community law cited by the Commission in support of that claim which were in force at the time when those commitments were entered into or confirmed, namely, in any event, in 1995. | 0 |
7,299 | 55. According to settled case-law, that principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see Case C-344/04 IATA and ELFAA [2006] ECR I-403, paragraph 95; Case C-303/05 Advocaten voor de Wereld [2007] ECR I-3633, paragraph 56; and Case C-127/07 Arcelor Atlantique et Lorraine and Others [2008] ECR I-9895, paragraph 23). | 95. It is settled case-law that the principle of equal treatment or non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified ( Swedish Match , paragraph 70). | 1 |
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