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7,300 | 111. However, it follows from Article 225 EC, the first paragraph of Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice, that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the Court of First Instance (see, in particular, Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I-5291, paragraphs 34 and 35, and Storck v OHIM , paragraph 47). | 45. Ensuite, il y a lieu de rappeler que les concessions de services publics ne sont régies, au niveau de l’Union, par aucune réglementation. En l’absence de réglementation, c’est à la lumière du droit primaire et, plus particulièrement, des libertés fondamentales prévues par le traité FUE, que doit être examiné le droit applicable aux concessions de services (voir arrêt du 7 décembre 2000, Telaustria et Telefonadress, C‑324/98, Rec. p. I‑10745, point 60). | 0 |
7,301 | 23. Thus, the Court has consistently held that restrictions on betting and gaming may be justified by overriding requirements in the public interest, such as consumer protection and the prevention of both fraud and incitement to squander money on gambling ( Garkalns , EU:C:2012:505, paragraph 39, and Stanleybet International and Others , EU:C:2013:33, paragraph 23 and the case-law cited). | 45. The fact that, in the main proceedings, the benefit granted by F‑Tex in consideration for the assignment by the liquidator of his right to have a transaction set aside took the form of an obligation to pay the liquidator a percentage of the proceeds obtained from the claim assigned does not alter that analysis, since it is merely a method of payment. Such a contractual stipulation is within the power of the parties as it is not disputed that the liquidator and the assignee could freely choose to express the consideration paid by the assignee in the form of a fixed sum or a percentage of any sums recovered. | 0 |
7,302 | 36. It must be borne in mind that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26; Case C-173/01 Commission v Greece [2002] ECR I-6129, paragraph 7 and Case C-114/02 Commission v France [2003] ECR I-3783, paragraph 9). | 57. The decisive factor for attributing the statements of an official to the State is whether the persons to whom the statements are addressed can reasonably suppose, in the given context, that they are positions taken by the official with the authority of his office. | 0 |
7,303 | 61. That being so, in order to answer the question posed concerning the consequences to be drawn from the finding that a contractual term is unfair, it is necessary to refer both to the wording of Article 6(1) of Directive 93/13 and to the objectives and overall scheme of that provision (see, to that effect, Case C-482/07 AHP Manufacturing [2009] ECR I-7295, paragraph 27, and Case C-125/10 Merck Sharp & Dohme Corp. [2011] ECR I-12987, paragraph 29). | 24
As the General Court recalled in, inter alia, paragraphs 53 to 58 of the judgment under appeal, the question whether the statement of reasons for a measure is sufficient must be assessed with regard to the context of that measure and to all the legal rules governing the matter in question, with the result that the reasons given for a measure adversely affecting a person are sufficient if that measure was adopted in a context which was known to that person and enables him to understand the measure concerning him (see judgment of 15 November 2012 in Council v Bamba, C‑417/11 P, EU:C:2012:718, paragraphs 53 and 54). | 0 |
7,304 | 32. Il en va ainsi même si ce risque est très limité, pourvu que le pouvoir adjudicateur ait transféré au concessionnaire l’intégralité ou, tout au moins, une part significative du risque d’exploitation qu’il encourt (voir, en ce sens, arrêts Eurawasser, C-206/08, EU:C:2009:540, point 77, ainsi que Norma-A et Dekom, C-348/10, EU:C:2011:721, point 45). | 28. In that regard, it is clear that Article 2(1) of Regulation No 3577/92 does not expressly mention towage. However, since the list of ‘maritime cabotage services’ for the purposes of that article is introduced by the term ‘in particular’, it cannot in principle be regarded as exhaustive. | 0 |
7,305 | 32 Since biocidal products are used to combat organisms harmful to human or animal health and organisms liable to damage natural or manufactured products, they inevitably contain dangerous substances (Brandsma, paragraph 11). | 14 Consequently, the words "use of goods" must be interpreted strictly, including only the use of the goods themselves. Thus the ancillary services relating to that use do not come under Article 6(2)(a) of the Sixth Directive. | 0 |
7,306 | 24. In stating that the latter ‘may’, in such a case, decide to disregard evidence, Article 74(2) grants OHIM broad discretion to decide, while giving reasons for its decision in that regard, whether or not to take such evidence into account ( OHIM v Kaul , paragraph 43, and New Yorker SHK Jeans v OHIM , paragraph 23). | 49 In an E 101 certificate, the competent institution of the Member State in which an undertaking providing temporary personnel is established declares that its own social security system will remain applicable to posted workers for the duration of their posting. By virtue of the principle that workers must be covered by only one social security system, the certificate, in comprising this declaration, necessarily implies that the other Member State's social security system cannot apply. | 0 |
7,307 | 36. According to the case-law of the Court, the mere acquisition, holding and sale of shares in a company do not, in themselves, amount to an economic activity within the meaning of the Sixth Directive, since the mere acquisition of financial holdings in other undertakings does not amount to the exploitation of property for the purpose of obtaining income therefrom on a continuing basis. Any dividend yielded by that holding is merely the result of ownership of the property (see, to that effect, Case C‑60/90 Polysar Investments Netherlands [1991] ECR I‑3111, paragraph 13; Case C‑142/99 Floridienne and Berginvest [2000] ECR I‑9567, paragraphs 17 and 22; Case C‑16/00 Cibo Participations [2001] ECR I‑6663, paragraph 19; and Case C‑496/11 Portugal Telecom [2012] ECR I‑0000, paragraph 32 and the case-law cited). | 47. The standardised and immediate assistance and care measures do not themselves prevent the passengers concerned, should the same delay also cause them damage conferring entitlement to compensation, from being able to bring in addition actions to redress that damage under the conditions laid down by the Montreal Convention. | 0 |
7,308 | 86
According to well established case-law, that obligation to state reasons does not, however, require the General Court to provide an account that follows exhaustively and one by one all the arguments articulated by the parties to the case. The reasoning may therefore be implicit, on condition that it enables the persons concerned to know why the General Court has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its power of review (see, to that effect, in particular, judgments of 2 April 2009, Bouygues and Bouygues Télécom v Commission, C‑431/07 P, EU:C:2009:223, paragraph 42, and of 22 May 2014, Armando Álvarez v Commission, C‑36/12 P, EU:C:2014:349, paragraph 31). | 44 ORDER ISSUED AT A LATER DATE STATED THAT THE AMOUNTS IMPORTED OUTSIDE THE INVITATIONS TO TENDER WERE TO BE RESERVED FOR INDUSTRIAL CONSUMERS AND WERE NOT TO EXCEED IN THE AGGREGATE 20 PER CENT - LATER 25 PER CENT - OF THE MAXIMUM AMOUNT FIXED FOR EACH INVITATION TO TENDER . | 0 |
7,309 | 41. It follows that the conditions to which Member States subject the constitution of periods of insurance may not in any case have the effect of excluding from the scope of national legislation persons to whom that legislation applies under Regulation No 1408/71 (see, to that effect, Case C‑347/10 Salemink [2012] ECR I‑0000, paragraph 40 and the case‑law cited). | 38 When an undertaking holding a dominant position imposes scales of fees for its services which are appreciably higher than those charged in other Member States and where a comparison of the fee levels has been made on a consistent basis, that difference must be regarded as indicative of an abuse of a dominant position . In such a case it is for the undertaking in question to justify the difference by reference to objective dissimilarities between the situation in the Member State concerned and the situation prevailing in all the other Member States . | 0 |
7,310 | 8 In deciding on this action it should be recalled that according to the case-law of the Court (see Case 247/84 Motte [1985] ECR 3887, at paragraph 25; Case 304/84 Muller [1986] ECR 1511, at paragraph 26; and Case C-42/90 Bellon [1990] ECR I-4863, at paragraphs 16 and 17), rules making the use of an additive subject to authorization are in compliance with Community law if two conditions are satisfied. | 59. Such considerations must also apply to Article 43 EC which lays down a fundamental freedom. | 0 |
7,311 | 38
However, it also follows from the Court’s case-law that placing on the market is a stage subsequent to import. Just as a product lawfully manufactured within the EU may not be placed on the market on that ground alone, the lawful import of a product does not mean that it will automatically be allowed onto the market. A product coming from a third country which is in free circulation is thus assimilated to products originating in the Member States as regards the elimination of customs duties and quantitative restrictions between Member States. Where, however, there is no EU legislation harmonising the conditions of marketing of the products concerned, the Member State in which they are put into free circulation may prevent their being placed on the market if they do not satisfy the conditions laid down for that purpose under national law in compliance with EU law (judgments of 30 May 2002, Expo Casa Manta, C‑296/00, EU:C:2002:316, paragraphs 31 and 32, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 95). | 31 Placing products on the market is a stage subsequent to importation. Just as a product lawfully manufactured within the Community may not be placed on the market on that ground alone, the lawful importation of a product does not imply that it will automatically be allowed onto the market. | 1 |
7,312 | 23
According to the Court’s case-law, operations covered by the Mergers Directive are a particular method of exercise of the freedom of establishment, important for the proper functioning of the internal market, and are therefore economic activities in respect of which the Member States are required to comply with that freedom (see, to that effect, judgment of 8 March 2017, Euro Park Service, C‑14/16, EU:C:2017:177, paragraph 28 and the case-law cited). | 28
In this regard, it should be recalled that the Court has already held that a cross-border merger constitutes a particular method of exercise of the freedom of establishment, important for the proper functioning of the internal market, and is therefore among those economic activities in respect of which Member States are required to comply with that freedom (see, to that effect, judgment of 13 December 2005, SEVIC Systems, C‑411/03, EU:C:2005:762, paragraph 19). | 1 |
7,313 | 66. That said, the Court’s interpretation of Regulation No 1408/71 in response to the first question submitted for a preliminary ruling must be understood without prejudice to the solution which flows from the potential applicability of provisions of primary law (see, by way of analogy, Acereda Herrera , cited above, paragraph 38). The finding that a national measure may be consistent with a provision of a secondary law measure, in this case Regulation No 1408/71, does not necessarily have the effect of removing that measure from the scope of the Treaty’s provisions (see, to that effect, Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 25, and Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 47). It follows that the applicability, as the case may be, of Articles 19 or 22 of Regulation No 1408/71 to a situation such as that at issue in the main proceedings does not of itself prevent the person concerned from claiming, pursuant to primary law, the payment of certain costs relating to care received in a care home situated in another Member State, under rules different to those provided for in those articles (see, by analogy, Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraphs 37 to 53, along with Watts , cited above, paragraph 48). | 26. D’autre part, il est de jurisprudence constante que, dans l’intérêt de la sécurité juridique et de la facilité des contrôles, le critère décisif pour le classement tarifaire des marchandises doit être recherché, d’une manière générale, dans leurs caractéristiques et propriétés objectives, telles que définies par le libellé de la position de la NC et des notes de section ou de chapitre (voir, notamment, arrêts Proxxon, C-500/04, EU:C:2006:111, point 21, et Vario Tek, C-178/14, EU:C:2015:152, point 21 et jurisprudence citée). | 0 |
7,314 | 30. In that context, the first subparagraph of Article 3(1) of Directive 96/71 pursues a dual objective. First, it seeks to ensure a climate of fair competition between national undertakings and undertakings which provide services transnationally, inasmuch as it requires the latter to afford their workers, as regards a limited list of matters, the terms and conditions of employment laid down in the host Member State. Secondly, that provision aims to ensure that posted workers will have the rules of the host Member State for minimum protection as regards the terms and conditions of employment relating to those matters applied to them while they work on a temporary basis in the territory of that Member State (judgment in Laval un Partneri , EU:C:2007:809, paragraphs 74 and 76). | 79 Second, it is stated in paragraph 38 of the contested decision that [i]n view of Stardust's financial position at the end of 1994, the financial risks taken by Crédit Lyonnais and the estimated losses reported following the audit at the end of 1994 justifying fresh provisions of over FRF 200 million, it could already be predicted at the end of 1994 that the deferred cost of such aid would total hundreds of millions of francs. | 0 |
7,315 | 78 The analysis of the compatibility with the Association Agreement of a national system for monitoring immigration that is based on the obligation to apply for prior leave to enter cannot be affected by the fact that, while awaiting the outcome of an appeal against a previous decision which, on a separate basis, refused a Czech national entry to the Member State concerned, that person was admitted on a temporary basis to that State, prior to submission of an application to become established, and authorised to work or receive public funds, with a view to respecting human dignity and demonstrating solidarity (see, along these lines, Case C-192/89 Sevince [1990] ECR I-3461, paragraph 31, and Case C-237/91 Kus [1992] ECR I-6781, paragraphs 12 to 17). | 83. Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 90; Enirisorse , paragraph 35; and Servizi Ausiliari Dottori Commercialisti , paragraph 64). | 0 |
7,316 | 27 As for the fact that the Italian authorities approved the Consortium as a purchaser within the meaning of Article 7(1)(a) of Regulation No 536/93, it is established case-law that it is for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver on the basis of the facts which this Court puts before it concerning the meaning of purchaser (Case C-181/96 Wilkens [1999] ECR I-399, paragraphs 33 and 34). | 25 THE SAME CONCLUSIONS APPLY TO UNDERTAKINGS WHICH HAVE PLAYED A COMPARABLE ROLE IN THE PROCEDURE REFERRED TO IN ARTICLE 93 OF THE EEC TREATY PROVIDED , HOWEVER , THAT THEIR POSITION ON THE MARKET IS SIGNIFICANTLY AFFECTED BY THE AID WHICH IS THE SUBJECT OF THE CONTESTED DECISION . ARTICLE 93 ( 2 ) RECOGNIZES IN GENERAL TERMS THAT THE UNDERTAKINGS CONCERNED ARE ENTITLED TO SUBMIT THEIR COMMENTS TO THE COMMISSION BUT DOES NOT PROVIDE ANY FURTHER DETAILS .
| 0 |
7,317 | 13 It follows from that case-law that an orphaned child of a migrant worker cannot be deprived of an entitlement to higher benefits available to him under the legislation of a Member State other than that in which he resides. However, he cannot be allowed rights greater than those he would be able to claim under the legislation of that other Member State if he were resident there. Such a result can be brought about only if the institution of the latter Member State can set off against the benefits it must provide all the benefits paid in the other Member State of residence for the maintenance of the orphan, regardless of their nature or designation (see Case C-188/90, paragraph 15). | 21. À cet égard, il convient de rappeler que le but de la procédure précontentieuse est de donner à l’État membre la possibilité de se conformer aux obligations découlant pour lui du droit de l’Union ou de faire utilement valoir ses moyens de défense à l’encontre des griefs formulés par la Commission. La régularité de la procédure précontentieuse constitue une garantie essentielle non seulement pour la protection des droits de l’État membre en cause, mais également pour assurer que la procédure contentieuse éventuelle aura pour objet un litige clairement défini (voir en ce sens, notamment, arrêt du 13 décembre 2001, Commission/France, C‑1/00, Rec. p. I‑9989, point 53). | 0 |
7,318 | 62
That circumstantial method makes it possible not only to reflect the true nature of legal relationships, in that it must take account of all the factors which characterise the activity of the employee (see, by analogy, judgment of 15 March 2011, Koelzsch, C‑29/10, EU:C:2011:151, paragraph 48), but also to prevent a concept such as that of ‘place where, or from which, the employee habitually performs his work’ from being exploited or contributing to the achievement of circumvention strategies (see, by analogy, judgment of 27 October 2016, D’Oultremont andOthers, C‑290/15, EU:C:2016:816, paragraph 48 and the case-law cited). | 37 That interpretation derives from the fact that the Directive is intended to achieve only partial harmonisation in this area, essentially by extending the protection guaranteed to workers independently by the laws of the individual Member States to cover the case where an undertaking is transferred. Its aim is therefore to ensure, as far as possible, that the contract of employment or the employment relationship continues unchanged with the transferee, so that the employees affected by the transfer of the undertaking are not placed in a less favourable position solely as a result of the transfer. It is not, however, intended to establish a uniform level of protection throughout the Community on the basis of common criteria (Danmols Inventar, paragraph 26). | 0 |
7,319 | 53
Firstly, the undertaking receiving such compensation must actually have public service obligations to discharge, and the obligations must be clearly defined. Secondly, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. Thirdly, the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit for discharging those obligations. Fourthly, the compensation must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with the requisite means so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations (judgments of 24 July 2003, Altmark Trans and Regierungspräsidium Magdeburg , C‑280/00, EU:C:2003:415, paragraphs 89, 90, 92 and 93, and of 10 June 2010, Fallimento Traghetti del Mediterraneo , C‑140/09, EU:C:2010:335, paragraphs 37 to 40). | 10 It is for the Commission to prove an infringement of the rules on the common organisation of the agricultural markets. Accordingly, the Commission is obliged to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question (see, in particular, Case C-247/98 Greece v Commission [2001] ECR I-1, paragraph 7, and the case-law cited there). | 0 |
7,320 | 14 With regard to the question whether the method of manufacture of the product has an effect on classification for customs purposes, the Court has already decided ( see the judgment of 16 December 1976 in Case 38/76 Industriemetall LUMA v Hauptzollamt Duisburg (( 1976 )) ECR 2027, paragraph 7 ) that whilst the Customs Tariff does indeed in certain cases contain references to manufacturing processes it is generally preferred to employ criteria for classification based on the objective characteristics and properties of products which can be ascertained when customs clearance is obtained . | 25. It is common ground that the purpose of the entitlement to paid annual leave is to enable the worker to rest and to enjoy a period of relaxation and leisure. The purpose of the entitlement to sick leave is different. It is given to the worker so that he can recover from being ill. | 0 |
7,321 | 103. Finally, so far as concerns FLSmidth’s submission of failure to state grounds, it is clear from paragraph 97 of the judgment under appeal that the General Court, taking account of the broad discretion which the Commission enjoys in assessing the quality and usefulness of the cooperation provided by an undertaking, in particular by reference to the contributions made by other undertakings, considered that the matters put forward before it by FLSmidth to establish that its alleged abstention from substantially contesting the facts had helped the Commission to establish the infringement at issue were not sufficient (see, in particular, Case C‑328/05 P SGL Carbon v Commission EU:C:2007:277, paragraph 88). Whilst that reasoning of the General Court is admittedly very succinct, it is nevertheless sufficient to enable FLSmidth to understand the reasons why the General Court rejected the corresponding argument, raised by FLSmidth, and to enable the Court of Justice to carry out its judicial review. A failure to state grounds in the judgment under appeal therefore cannot be established. Consequently, this argument is unfounded. | 23 It follows that, until such time as a directive has been properly transposed, a defaulting Member State may not rely on an individual' s delay in initiating proceedings against it in order to protect rights conferred upon him by the provisions of the directive and that a period laid down by national law within which proceedings must be initiated cannot begin to run before that time. | 0 |
7,322 | 35. The fact that a person like Mrs Reichel-Albert worked and contributed in only one Member State, both before and after temporarily transferring her place of residence, solely on family-related grounds, to another Member State where she never worked or contributed, allows a sufficiently close link to be established between those child-raising periods and the periods of insurance completed by virtue of the pursuit of a gainful occupation in the first Member State under consideration (see, to that effect, Elsen , paragraphs 25 to 28, and Kauer , paragraph 32). It was indeed on account of completion of those latter periods that Mrs Reichel-Albert requested the DRN to take account of periods spent in raising her children during a break in her working career. | 25 In response to that submission, the Court observes that, pursuant to Article 13(2)(a) and (b) of Regulation No 1408/71, a person employed or self-employed in the territory of one Member State is subject to the social security legislation of that Member State even if he resides in the territory of another Member State. | 1 |
7,323 | 43. In the first place, the restrictions imposed on intermediaries such as the defendants in the main proceedings constitute obstacles to the freedom of establishment of companies established in another Member State, such as Stanley, which pursue the activity of collecting bets in other Member States through an organisation of agencies such as the DTCs operated by the defendants in the main proceedings (see Gambelli and Others , paragraph 46). | 41 As to urgency, the damage relied on by the applicant must be such as to materialize before the Court of Justice has been able to rule on the validity of the contested Community act. As to the nature of the damage, purely financial damage cannot, as the Court has held on numerous occasions, be regarded in principle as irreparable. However, it is for the national court hearing the application for interim relief to examine the circumstances particular to the case before it. It must in this connection consider whether immediate enforcement of the measure with respect to which the application for interim relief is made would be likely to result in irreversible damage to the applicant which could not be made good if the Community act were to be declared invalid (Zuckerfabrik, paragraph 29). | 0 |
7,324 | 86. It should be noted in that regard that, according to settled case-law, medical services provided for consideration fall within the scope of the provisions on the freedom to provide services (see, inter alia, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 18, and Kohll , paragraph 29), there being no need to distinguish between care provided in a hospital environment and care provided outside such an environment ( Vanbraekel , paragraph 41; Smits and Peerbooms , paragraph 53; Müller-Fauré and van Riet , paragraph 38; and Inizan , paragraph 16). | 37. The additional levy on milk amounts to a restriction arising from market policy rules or structural policy. It is to be considered to be intervention to stabilise agricultural markets and is to be used to finance expenditure in the milk sector. It follows that, apart from its obvious aim of requiring milk producers to observe the reference quantities allocated to them, the additional levy has an economic objective too, in that it is intended to bring to the Community the funds necessary for disposal of milk produced by producers in excess of their quotas (see Cooperativa Lattepiù and Others , paragraphs 74 and 75, and Azienda Agricola Ettore Ribaldi and Others , paragraphs 58 and 59). | 0 |
7,325 | 36. As regards, secondly, the depreciation scale, as stated in paragraph 30 of this judgment, the depreciation of a vehicle starts as soon as it is purchased or put into use. Moreover, the Court has held that the charging on imported second-hand vehicles of a registration tax for which the basis of assessment is at least 90% of the value of the vehicle when new constitutes generally manifest overtaxation of those vehicles in comparison with the residual registration tax in the case of previously-registered second-hand cars bought on the national market, whatever their age or condition (see, to that effect, Commission v Denmark , paragraph 20). | 68. A jurisdiction clause can concern only disputes which have arisen or which may arise in connection with a particular legal relationship, which limits the scope of an agreement conferring jurisdiction solely to disputes which arise from the legal relationship in connection with which the agreement was entered into. The purpose of that requirement is to avoid a party being taken by surprise by the assignment of jurisdiction to a given forum as regards all disputes which may arise out of its relationship with the other party to the contract and stem from a relationship other than that in connection with which the agreement conferring jurisdiction was made (see, to that effect, judgment in Powell Duffryn , C‑214/89, EU:C:1992:115, paragraph 31). | 0 |
7,326 | 30 Article 36 of the Treaty provides that the prohibition of restrictions on imports, exports and goods in transit is not to preclude measures of this nature if they are justified on grounds of the protection of health and life of humans and animals (see the judgment in Case 35/76 Simmenthal [1976] ECR 1871, paragraph 10). | 45 Accordingly, as the Court has already held, the need to obtain the authorisation laid down in Paragraph 9(3) of the LMG constitutes a wholly unjustified obstacle to the free movement of the product in question (Unilever, cited above, paragraph 34). | 0 |
7,327 | 161. Contrary to the Austrian Government’s assertions, legislation such as that at issue in the main proceedings cannot be justified by the fact that, when applying the imputation method, a Member State is required to grant a tax credit only up to the limit of the amount of corporation tax for which the companies receiving the dividends are liable (see Test Claimants in the FII Group Litigation , paragraphs 50 and 52). | 22 It should be noted that, as the Commission has observed, in general the annual depreciation in the value of cars is considerably more than 5%, that that depreciation is not linear, especially in the first years when it is much more marked than subsequently, and, finally, that vehicles continue to depreciate more than four years after being put into circulation. | 0 |
7,328 | 23. À cet égard, il y a lieu de rappeler que l’article 49 TFUE impose la suppression des restrictions à la liberté d’établissement. Selon l’article 54 TFUE, les sociétés constituées en conformité de la législation d’un État membre et ayant leur siège statutaire, leur administration centrale ou leur principal établissement à l’intérieur de l’Union européenne sont assimilées, pour l’application des dispositions du traité relatives à la liberté d’établissement, aux personnes physiques ressortissantes des États membres. Pour ces sociétés, cette liberté comprend le droit d’exercer leur activité dans d’autres États membres par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir arrêts du 23 octobre 2008, Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, C‑157/07, Rec. p. I‑8061, point 28; du 25 février 2010, X Holding, C‑337/08, Rec. p. I‑1215, point 17, et du 6 septembre 2012, Commission/Portugal, précité, point 24). | 7 THE APPROPRIATE GERMAN AUTHORITIES HAD NEVERTHELESS ALREADY INFORMED THE APPLICANT THAT THEY WOULD REJECT ITS APPLICATION AS SOON AS THE COMMISSION HAD GRANTED THEM THE REQUISITE AUTHORIZATION . THEY HAD REQUESTED THAT AUTHORIZATION WITH PARTICULAR REFERENCE TO THE APPLICATIONS ALREADY BEFORE THEM AT THAT TIME . | 0 |
7,329 | 20. La directive 80/987, dans sa version initiale et telle que modifiée, vise à garantir à tous les travailleurs salariés un minimum de protection au niveau de l’Union européenne en cas d’insolvabilité de l’employeur par le paiement des créances impayées résultant de contrats ou de relations de travail et portant sur la rémunération afférente à une période déterminée (voir arrêts du 4 mars 2004, Barsotti e.a., C‑19/01, C‑50/01 et C‑84/01, Rec. p. I‑2005, point 35; du 16 juillet 2009, Visciano, C‑69/08, Rec. p. I‑6741, point 27, ainsi que du 17 novembre 2011, van Ardennen, C‑435/10, Rec. p. I‑11705, point 27). | 11 Mr Daalmeijer does fall within the scope of Regulation No 1408/71 since Article 2(3) of that regulation provides that it "shall apply to civil servants and to persons who, in accordance with the legislation applicable, are treated as such, where they are or have been subject to the legislation of a Member State to which this regulation applies." | 0 |
7,330 | 25. Furthermore, such a measure, which, as indicated in the decision to refer, was intended to obtain additional revenue for operators of photovoltaic power stations, pursues objectives different from those of Directive 2003/87. Consequently, it cannot be regarded as a more stringent protective measure for the purposes of Article 193 TFEU (see, by analogy, the judgments in Deponiezweckverband Eiterköpfe , C‑6/03, EU:C:2005:222, paragraphs 49 and 52, and Azienda Agro-Zootecnica Franchini and Eolica di Altamura , C‑2/10, EU:C:2011:502, paragraph 50). | 54 There is therefore nothing to prevent the E 101 certificate from producing retroactive effects, according to the circumstances. | 0 |
7,331 | 18. In that regard, it should be observed at the outset that it is settled case-law that Article 12 EC, which lays down a general prohibition of all discrimination on grounds of nationality, applies independently only to situations governed by EU law for which the Treaty lays down no specific rules of non-discrimination (see, inter alia, Case 305/87 Commission v Greece [1989] ECR 1461, paragraph 13; Case C-336/96 Gilly [1998] ECR I-2793, paragraph 37; Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraph 25; and Case C-240/10 Schulz-Delzers and Schulz [2011] ECR I-8531, paragraph 29). | 39 If the repackaging is carried out in conditions which cannot affect the original condition of the product inside the packaging, the essential function of the trade mark as a guarantee of origin is safeguarded. The consumer or end user is not misled as to the origin of the products, and does in fact receive products manufactured under the sole supervision of the trade mark owner. | 0 |
7,332 | 44. Since Article 3(1)(e) of the Directive is a preliminary obstacle that may prevent a sign consisting exclusively of the shape of a product from being registered, it follows that if any one of the criteria listed in that provision is satisfied, the sign cannot be registered as a trade mark. Nor, furthermore, can it ever acquire a distinctive character for the purposes of Article 3(3) through the use made of it (see Philips , paragraphs 74 to 76). | 79. It is true that Articles 7 and 24 of the Charter, while emphasising the importance for children of family life, cannot be interpreted as depriving the Member States of their margin of appreciation when examining applications for family reunification (see, to that effect, Parliament v Council , paragraph 59). | 0 |
7,333 | 93. Next it should be borne in mind that the Court has consistently held that prohibited discrimination can arise where comparable situations are treated differently, unless such treatment is objectively justified (see, to that effect, Case C‑309/89 Codorniu v Council [1994] ECR I‑1853, paragraph 26, and Case C‑375/99 Spain v Commission [2001] ECR I‑5983, paragraph 28). | 112. Although an undertaking may apply for registration of a mark in respect of all the goods or services falling within such a class, nothing in the Directive prohibits it from seeking registration solely in respect of only some of those goods or services. | 0 |
7,334 | 38. Those three conditions were already set out as such in Article 5(2) of Council Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties (OJ 1979 L 197, p. 1), a regulation which was repealed by the Community Customs Code. According to the settled case-law of the Court, those three conditions must be satisfied cumulatively (see, inter alia, Joined Cases C‑153/94 and C-204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraph 83; Case C-370/96 Covita [1998] ECR I-7711, paragraph 24; Case C-15/99 Sommer [2000] ECR I-8989, paragraph 35; and Ilumitrónica , paragraph 37). | 42. Those factors include:
– the degree of similarity between the conflicting marks;
– the nature of the goods or services for which the conflicting marks were registered, including the degree of closeness or dissimilarity between those goods or services, and the relevant section of the public;
– the strength of the earlier mark’s reputation;
– the degree of the earlier mark’s distinctive character, whether inherent or acquired through use;
– the existence of the likelihood of confusion on the part of the public. | 0 |
7,335 | 32
Secondly, it was in the course of the same, single set of review proceedings relating to the award decision that, in both cases, each tenderer challenged the validity of the other tenderer’s bid, each competitor having a legitimate interest in the exclusion of the bid submitted by the other, which may lead to a finding that the contracting authority is unable to select a lawful bid (see, to that effect, judgments of 4 July 2013, Fastweb, C‑100/12, EU:C:2013:448, paragraph 33, and 5 April 2016, PFE, C‑689/13, EU:C:2016:199, paragraph 24). In the main proceedings in the present case, by contrast, the consortium brought an action, first, against the exclusion decision adopted in respect of it and, secondly, against the award decision, and it is in the course of that second set of proceedings that it contends that the successful tenderer’s bid is unlawful. | 30. Accordingly, if the principle of res judicata were to be applied in that manner, the effect would be that, if ever the judicial decision that had become final were based on an interpretation of the Community rules concerning abusive practice in the field of VAT which was at odds with Community law, those rules would continue to be misapplied for each new tax year, without it being possible to rectify the interpretation. | 0 |
7,336 | 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). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,337 | 74 To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would mean allowing that party to bring before the Court, whose jurisdiction in appeals is limited, a wider case than that heard by the Court of First Instance. In an appeal the Court's jurisdiction is thus confined to examining the assessment by the Court of First Instance of the pleas argued before it (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, at paragraph 59; and Case C-7/95 P Deere v Commission [1998] ECR I-3111, at paragraph 62). | 38. As the Advocate General observes in point 63 of her Opinion, the assessment of the comparability of the services supplied hinges not only on the comparison of individual services, but on the context in which those services are supplied. | 0 |
7,338 | 32 It is clear from the judgment in Case C-135/99 Elsen [2000] ECR I-10409, paragraphs 25 to 28, that, as regards taking account of child-raising periods for the purposes of old-age insurance, the fact that a person, like Mrs Kauer, worked in only one Member State and was subject to the legislation of that State at the time when her child was born, allows a sufficiently close link to be established between those child-raising periods and the periods of insurance completed by virtue of the pursuit of a gainful occupation in the State under consideration. It was indeed on account of completion of those latter periods that Mrs Kauer requested an Austrian institution to take account of periods spent in rearing her children during a break in her working career. | 26. Le signe «ecoDoor» pouvant ainsi servir à désigner le caractère écologique des produits concernés, il y a lieu, au vu de l’intérêt général poursuivi par l’article 7, paragraphe 1, sous c), du règlement nº 207/2009, tel que rappelé au point 19 du présent arrêt, de garantir qu’il puisse être utilisé par tous les opérateurs et qu’il ne soit pas réservé à un seul opérateur (voir, en ce sens, arrêt Deutsche SiSi-Werke/OHMI, C‑173/04 P, EU:C:2006:20, point 62). Par ailleurs, il n’est pas contesté, dans le cas d’espèce, que les produits concernés par la demande d’enregistrement comportent des portes ou peuvent en être équipés. | 0 |
7,339 | 89. It is settled case-law that for the purposes of Article 4(c) CS ‘aid’ is to be interpreted in accordance with what the Court has held in respect of Article 87 EC (see, in particular, Ecotrade , paragraph 35, and Case C-390/98 Banks [2001] ECR I-6117, paragraph 33). | 39. Second, the exclusive right of a Community trade mark proprietor, conferred under Regulation No 40/94, extends, as a rule, to the entire area of the European Union, throughout which Community trade marks enjoy uniform protection and have effect. | 0 |
7,340 | 68. Secondly, it follows from case-law that, while the principles of legal certainty and of the protection of legitimate expectations require the withdrawal of an unlawful measure to occur within a reasonable time and regard must be had to how far the person concerned might have been led to rely on the lawfulness of the measure, the fact remains that such withdrawal is, in principle, permitted (see, in particular, Joined Cases 7/56 and 3/57 to 7/57 Algera and Others v Common Assembly of the ECSC [1957] ECR 39, at 55 and 56; Case 14/81 Alpha Steel v Commission [1982] ECR 749, paragraph 10; and Case 15/85 Consorzio Cooperative d’Abruzzo v Commission [1987] ECR 1005, paragraph 12). | 93. In addition, Article 80 TFEU provides that asylum policy and its implementation are to be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Directive 2001/55 is an example of that solidarity but, as was stated at the hearing, the solidarity mechanisms which it contains apply only to wholly exceptional situations falling within the scope of that directive, that is to say, a mass influx of displaced persons. | 0 |
7,341 | 52. Central management is the central management of the controlling undertaking, namely the undertaking which can exercise a dominant influence over all the other controlled undertakings of the group within the meaning of Article 3(1) and (2) of the Directive. It is that undertaking which, by virtue of its dominant influence, can request − and oblige − the other undertakings in the group to provide it with the information essential for opening negotiations in order to enable it to communicate that information to the representatives (see also, to that effect, Kühne & Nagel , paragraphs 52 and 54). | 39 Furthermore, even if the decisions of the Minister for Industry to place the undertaking in difficulties under special administration and to permit it to continue trading are taken with regard, as far as possible, to the interests of the creditors and, in particular, to the prospects for increasing the value of the undertaking's assets, they are also influenced, as the Italian Government itself has acknowledged in its pleadings and at the hearing, by the concern to maintain the undertaking's economic activity in the light of national industrial policy considerations. | 0 |
7,342 | 31
The situations falling within the scope ratione materiae of EU law include those which involve the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 21 TFEU (see judgments of 20 September 2001 in Grzelczyk, C‑184/99, EU:C:2001:458, paragraph 33; of 11 July 2002 in D’Hoop, C‑224/98, EU:C:2002:432, paragraph 29; and of 12 May 2011 in Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 62). | 54. According to recital 2 of that regulation, openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. | 0 |
7,343 | 91 Next, it follows from the wording of Article 5(2) itself that the legitimate expectations of the person liable attract the protection provided for in that article only if it was the competent authorities "themselves" which created the basis for those expectations. Thus, only errors attributable to acts of the competent authorities confer entitlement to the waiver of post-clearance recovery of customs duties (judgment in Mecanarte, cited above, paragraph 23). | 31 For Directive 77/187 to be applicable, however, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term entity thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (Süzen, paragraph 13). | 0 |
7,344 | 62. This interpretation is also supported by the case-law on the Treaty provisions on the free movement of goods, from which it is apparent that restrictions may be the result of actions by individuals or groups of such individuals rather than caused by the State (see Case C‑265/95 Commission v France [1997] ECR I‑6959, paragraph 30, and Schmidberger , paragraphs 57 and 62). | 28. Since the identification of one of the connecting factors recognised by the case‑law set out in paragraph 25 of this judgment thus enables the court objectively best placed to determine whether the elements establishing the liability of the person sued are present to take jurisdiction, the relevant connecting factor must be situated within the jurisdiction of the court seised (see, to that effect, Case C-133/11 Folien Fischer and Fofitec [2012] ECR I-0000, paragraph 52). | 0 |
7,345 | 55. Thus, where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I‑7063, paragraphs 27 to 49, and Case C-319/02 Manninen [2004] ECR I‑7477, paragraphs 29 to 55). | 27. S’agissant des notes explicatives du SH, il y a lieu d’ajouter que, en dépit du fait qu’elles n’ont pas de force contraignante, elles constituent des instruments importants aux fins d’assurer une application uniforme du tarif douanier commun et fournissent, en tant que telles, des éléments valables pour son interprétation (voir, en ce sens, arrêts Kloosterboer Services, C-173/08, EU:C:2009:382, point 25, et Agroferm, C-568/11, EU:C:2013:407, point 28). | 0 |
7,346 | 41. Although prior authorisation, such as that required by Article 36 of the Law on sickness insurance, constitutes, for both patients and service providers, an obstacle to the freedom to provide services (see, to that effect, Kohll , paragraph 35; Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraph 69; Case C‑385/99 Müller-Fauré and van Riet [2003] ECR I‑4509, paragraph 44; and Watts , paragraph 98), the Court has nevertheless held that Article 49 EC does not in principle preclude the right of a patient to receive hospital treatment in another Member State at the expense of the system with which he is registered from being subject to prior authorisation ( Smits and Peerbooms , paragraph 82, and Watts , paragraph 113). | 63
Moreover, for the purpose of characterising various instances of conduct as a single and continuous infringement, it is not necessary to ascertain whether they present a link of complementarity, in the sense that each of them is intended to deal with one or more consequences of the normal pattern of competition, and, through interaction, contribute to the attainment of the set of anticompetitive effects desired by those responsible, within the framework of a global plan having a single objective. By contrast, the condition relating to a single objective requires that it be ascertained whether there are any elements characterising the various instances of conduct forming part of the infringement which are capable of indicating that the instances of conduct in fact implemented by other participating undertakings do not have an identical object or identical anticompetitive effect and, consequently, do not form part of an ‘overall plan’ as a result of their identical object distorting the normal pattern of competition within the internal market (see, to that effect, judgment of 19 December 2013, Siemens and Others v Commission, C‑239/11 P, C‑489/11 P and C‑498/11 P, not published, EU:C:2013:866, paragraphs 247 and 248). | 0 |
7,347 | 69. That discretion relating to the protection of public health is particularly important when it is established that there are uncertainties in the present state of scientific research into certain substances, such as vitamins which are not as a general rule harmful in themselves but may have particular harmful effects solely if taken to excess as part of a general diet, the composition of which is unforeseeable and cannot be monitored ( Sandoz , paragraph 17; Commission v Denmark , paragraph 43; and Commission v France , paragraph 50, all cited above). | Il ressort de la comparaison de ces mesures que le Conseil s’est réservé la compétence pour adopter les plus sensibles d’entre
elles, à savoir l’intégration, dans le règlement adopté sur la base du traité FUE, des désignations décidées par le Conseil
de sécurité et l’application des mesures visées à l’article 23, paragraphes 2 et 3, du règlement n° 267/2012, en ce qu’elles
ont une incidence particulièrement importante sur les personnes physiques ou morales, les entités ou les organismes concernés
(arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 52). | 0 |
7,348 | 71. The concept of evolution of the common market may be understood as a change in the economic and legal framework of the sector concerned by the measure in question, and does not apply, for example, in a situation where the Commission alters its appraisal on the basis of a more rigorous application of the rules on State aid (see Belgium and Forum 187 v Commission , paragraph 71). | 33 Overriding reasons relating to the public interest already recognised by the Court include the protection of workers (see, in particular, Arblade, paragraph 36, and Mazzoleni and ISA, paragraph 27). | 0 |
7,349 | 36. Second, the fine at issue in the main proceedings is not imposed on account of any transaction, but as a result of belated rectification by the taxable person of a deduction which he has made and which has ceased to have a basis. A charge resulting in double taxation contrary to the principle of fiscal neutrality cannot therefore be considered to be involved (see, to this effect and by analogy, Case C‑155/01 Cookies World [2003] ECR I‑8785, paragraph 60, and Case C-502/07 K-1 [2009] ECR I‑161, paragraphs 17 to 19). | 38
The principle of equal treatment of tenderers, the aim of which is to promote the development of healthy and effective competition between undertakings taking part in a public procurement procedure, requires that all tenderers must be afforded equality of opportunity when formulating their tenders, and therefore implies that the tenders of all competitors must be subject to the same conditions (judgments of 29 April 2004, Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraph 110, and of 12 March 2015, eVigilo, C‑538/13, EU:C:2015:166, paragraph 33). | 0 |
7,350 | 35. Moreover, such a restriction must satisfy the conditions which flow from the Court’s case-law in regard to proportionality and may be regarded as appropriate for ensuring attainment of the objective relied upon only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, to that effect, Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I‑7633, paragraphs 59 to 61). | 121. However, when it decides to exercise that power to impose penalties, the Commission is not free to determine how joint and several liability is to be imposed from an external perspective or, in particular, the amount of the fine in respect of which it may demand full payment by each of those held jointly and severally liable (see, to that, effect, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraphs 52 and 54). | 0 |
7,351 | 39 As regards the draft national law, the Court has consistently held that in proceedings under Article 177 of the Treaty it is not for the Court to interpret national law and assess its effects within the framework of proceedings under Article 177 of the Treaty (see, inter alia, Case 52/76 Benedetti v Munari [1977] ECR 163, paragraph 25). That applies a fortiori in the case of a mere draft law. | 25 ATTENDU QU ' IL N ' APPARTIENT PAS A LA COUR DE JUSTICE D ' INTERPRETER , DANS LE CADRE DE LA PROCEDURE DE L ' ARTICLE 177 , LE DROIT NATIONAL ET D ' APPRECIER SES EFFETS ;
QUE DES LORS ELLE NE SAURAIT PAS , DANS CE CADRE , PROCEDER A UNE COMPARAISON DE QUELQUE NATURE QUE CE SOIT , ENTRE LES EFFETS DES DECISIONS DES JURIDICTIONS NATIONALES ET CEUX DE SES PROPRES DECISIONS ; | 1 |
7,352 | 23. In paragraph 42 of Reemtsma Cigarettenfabriken , the Court held, in particular, that the principle of effectiveness does not preclude national legislation under which only the supplier/provider of services may seek reimbursement of the sums paid, but not due, by way of VAT to the tax authorities and the recipient of those services may bring a civil law action against that supplier/provider for recovery of sums paid but not due. | 37. While Article 92(3)(e) of the Treaty empowers the Council to decide what categories of aid may be considered to be compatible with the common market, it does not confer on the Commission any power to interpret Article 92(1) of the Treaty (see, to that effect, Case C‑110/03 Belgium v Commission [2005] ECR I‑0000, paragraph 58). | 0 |
7,353 | 45. Lastly, it must be pointed out that the interpretation given in the preceding paragraph is not incompatible with the requirements of Article 59 of the Additional Protocol signed on 23 November 1970. As the Advocate-General stated at points 50 to 52 of her Opinion, on similar grounds to those set out on by the Court in paragraphs 62 to 67 of Derin and in paragraph 21 of the judgment in Case C‑349/06 Polat [2007] ECR I-8167, the situation of a member of the family of a Turkish migrant worker cannot usefully be compared to that of a member of the family of a national of a Member State, having regard to the significant differences between their respective legal situations (see, to that effect, Case C‑462/08 Bekleyen [2010] ECR I-0000, paragraphs 35 to 38 and 43). | 30. The same applies with regard to a tax integration scheme such as that at issue in the main proceedings. | 0 |
7,354 | 21. The fact that the marketability of the product in ‘normal conditions’ is an aspect inherent in the concept of ‘sound and fair marketable quality’ is indeed clearly apparent from the rules relating to export refunds for agricultural products inasmuch as, from Regulation No 1041/67 onwards, all the relevant regulations have adopted the concept of ‘sound and fair marketable quality’ as well as the criterion of the product’s marketability ‘in normal conditions’. As regards Regulation No 3665/87, it is the ninth recital which refers to that requirement (see, to that effect, SEPA , paragraphs 23 and 26). | 40
Consequently, in order to determine whether that provision covers such a situation, it is necessary to examine its context and the objectives pursued by the legislation of which it forms part (see to this effect, inter alia, judgment of 27 November 2003 in Zita Modes, C‑497/01, EU:C:2003:644, paragraph 34). | 0 |
7,355 | 23 In that connection it must be observed that the directive is intended to ensure continuity of employment relationships existing within an economic entity, irrespective of any change of ownership. It follows that the decisive criterion for establishing whether there is a transfer for the purposes of the directive is whether the business in question retains its identity (see, in particular, Case 24/85 Spijkers [1986] ECR 1119, paragraph 11). The transfer must therefore relate to a stable economic entity whose activity is not limited to performing one specific works contract (Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term entity thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (Case C-13/95 Süzen [1997] ECR-1259, paragraph 13). | 92 It is common ground, moreover, that some of the contracting parties, which are among the most important trading partners of the Community, have concluded from the subject-matter and purpose of the WTO agreements that they are not among the rules in the light of which their judicial organs are to review the lawfulness of their rules of domestic law (see Portugal v Council, paragraph 43). | 0 |
7,356 | 96. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them (Case C-506/04 Wilson [2006] ECR I-8613, paragraphs 50 and 51, and RTL Belgium , paragraph 39). The second aspect, which is internal, is linked to impartiality and seeks to ensure a level playing field for the parties to the proceedings and their respective interests in relation to the subject-matter of those proceedings ( Wilson , paragraph 52, and RTL Belgium , paragraph 40). | 44. It is clear from settled case-law of the Court that the statement of reasons required by Article 296 TFEU must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent court to exercise its power of review (judgment in Nuova Agricast , C‑390/06, EU:C:2008:224, paragraph 79 and the case-law cited). | 0 |
7,357 | 32. In the light of those objectives, Clause 4 of the Framework Agreement must be interpreted as articulating a principle of European Union social law which cannot be interpreted restrictively (see, by analogy, Case C‑307/05 Del Cerro Alonso [2007] ECR I‑7109, paragraph 38, and Impact , paragraph 114). | 75. Accordingly, the prohibition does not affect the sale of domestic medicines in the same way as it affects the sale of those coming from other Member States. | 0 |
7,358 | 34. Moreover, the existence of a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see SABEL, paragraph 22; Lloyd Schuchfabrik Meyer , paragraph 18; Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 40; order in Matratzen v OHIM, paragraph 28; Medion , paragraph 27; and Case C-206/04 P Mülhens v OHIM [2006] ECR I-2717, paragraph 18). | 59. There appears, however, to be no objective ground capable of justifying such a difference in treatment. | 0 |
7,359 | 17. Consequently, even if, in the judgment in H (C‑295/13, EU:C:2014:2410), the Court’s answer to the request for a preliminary ruling concerned Article 3 of Regulation No 1346/2000 and the international jurisdiction of a national court to rule on an action based on a provision of national law such as the first sentence of Paragraph 64(2) of the GmbHG, it nevertheless clearly categorised such a provision of national law as being covered by insolvency law. It follows that Paragraph 64(2) of the GmbHG must be regarded as being covered by the law applicable to insolvency proceedings and their effects, within the meaning of Article 4(1) of Regulation No 1346/2000. As such, that provision of national law, one of the effects of which is to require, if necessary, the managing director of a company to reimburse any payments which he made on behalf of that company after it became insolvent, may, in accordance with Article 4(1) of Regulation No 1346/2000, be applied by the national court hearing the insolvency proceedings as the law of the Member State within the territory of which the insolvency proceedings are opened (‘the lex fori concursus ’). | 44. In those circumstances, the second ground of complaint is well founded.
Third ground of complaint: incompatibility with Articles 43 EC and 49 EC of the condition requiring the economic operator to have a minimum share capital
Arguments of the parties | 0 |
7,360 | 61. It should be recalled that, in proceedings under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. However, in order to give the national court a useful answer, the Court may, in a spirit of cooperation with national courts, provide it with all the guidance that it deems necessary (Case C‑433/05 Sandström [2010] ECR I‑2885, paragraph 35 and the case-law cited). | 35. In that regard, it must be observed that, in proceedings under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. However, in order to give the national court a useful answer, the Court may, in a spirit of cooperation with national courts, provide it with all the guidance that it deems necessary (see, to that effect, Mickelsson and Roos , paragraph 41). | 1 |
7,361 | 89. Thus, it is clear from case-law that Directive 85/337 requires that all projects falling within Annex II that are likely to have significant effects on the environment be made subject to an assessment (see, to that effect, WWF and Others , paragraph 45; Commission v Portugal , paragraph 82; and Case C-87/02 Commission v Italy , paragraph 44). | 50. It must first be borne in mind that Treaty provisions relating to charges having equivalent effect and those relating to discriminatory internal taxation cannot be applied together, so that under the system of the Treaty the same measure cannot belong to both categories at the same time (see Case C-266/91 Celbi [1993] ECR I-4337, paragraph 9).
– The third question | 0 |
7,362 | 49. According to settled case-law, it is for the Member States, where they adopt a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure is appropriate for securing the attainment of the objective relied upon and does not go beyond what is necessary to attain it. The reasons invoked by a Member State by way of justification must thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments (Case C-73/08 Bressol and Others [2010] ECR I-2735, paragraph 71). | 71. That being the case, it is for the competent national authorities to show that such risks actually exist (see, by analogy, Apothekerkammer des Saarlandes and Others , paragraph 39). According to settled case-law, it is for those authorities, where they adopt a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure is appropriate for securing the attainment of the objective relied upon and does not go beyond what is necessary to attain it. The reasons invoked by a Member State by way of justification must thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments (see, to that effect, Case C-8/02 Leichtle [2004] ECR I-2641, paragraph 45, and Commission v Austria , paragraph 63). Such an objective, detailed analysis, supported by figures, must be capable of demonstrating, with solid and consistent data, that there are genuine risks to public health. | 1 |
7,363 | Dans ces conditions, et eu égard au fait, ainsi que l’a rappelé le Tribunal au point 100 de l’arrêt attaqué, que la Commission
peut, à tout moment, décider d’élever le niveau du montant de l’amende, y compris par l’application, à des cas d’espèce, de
règles de conduite de portée générale telles que les lignes directrices (voir, en ce sens, arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission,
C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, EU:C:2005:408, points 229 et 230), c’est à bon droit que le
Tribunal a conclu, au point 107 de l’arrêt attaqué, que les lignes directrices de 2006 et la nouvelle méthode de calcul qu’elles
comportent, à supposer que cette dernière ait eu un effet aggravant quant au niveau des amendes infligées, étaient raisonnablement
prévisibles pour des entreprises, telles que SLM, à l’époque où l’infraction concernée a été commise et que, partant, en appliquant,
dans la décision litigieuse, ces lignes directrices pour calculer le montant de l’amende à infliger pour une infraction commise
avant leur adoption, la Commission n’avait pas violé le principe de non‑rétroactivité (voir, par analogie, arrêt du 18 juillet
2013, Schindler Holding e.a./Commission, C‑501/11 P, EU:C:2013:522, point 75 ainsi que jurisprudence citée). | 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 |
7,364 | 10 In that regard, it must be pointed out that, in accordance with settled case-law, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, inter alia, Case C-470/98 Commission v Greece [2000] ECR I-4657, paragraph 11, and Case C-423/99 Commission v Italy [2000] ECR I-11167, paragraph 10). | 29. Interest on arrears is thus intended to offset the consequences arising as a result of the payment not having been made by the deadline set and, in particular, to prevent the person who owes the customs debt from taking unfair advantage of the fact that the amounts owing by way of customs debt remain available to him beyond the deadline set for its settlement. It is against that background that Article 232(1)(b) of the Customs Code provides that the rate of interest on arrears cannot be lower than the rate of credit interest. | 0 |
7,365 | 51 As regards the limitation of the period of validity of the residence permit held by the Turkish worker's family member in the host Member State, it must be observed that, whilst the Member States retain the power to lay down the conditions under which that family member may enter their territory and reside there until he or she becomes entitled to respond to any offer of employment (see paragraphs 32 and 33 of this judgment), the fact nevertheless remains that the rights conferred by the first paragraph of Article 7 on family members of a Turkish worker are granted by that provision to the persons concerned regardless of the issue by the authorities of the host Member State of a specific administrative document, such as a residence permit (see, by analogy with Article 6 of Decision No 1/80, Bozkurt, cited above, paragraphs 29 and 30). | 41
Moreover, the protection of legitimate expectations cannot, in any event, be relied on for the purpose of denying an individual who has brought proceedings culminating in the Court interpreting EU law as precluding the rule of national law at issue the benefit of that interpretation (see, to that effect, judgments in Defrenne, 43/75, EU:C:1976:56, paragraph 75, and Barber, C‑262/88, EU:C:1990:209, paragraphs 44 and 45). | 0 |
7,366 | 27
Accordingly, the determination of the meaning and scope of the concept of ‘defective goods’ must be determined, in accordance with the established case-law of the Court, by considering its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it forms part (judgments of 22 December 2008, Wallentin-Hermann, C‑549/07, EU:C:2008:771, paragraph 17, and of 22 November 2012, Probst, C‑119/12, EU:C:2012:748, paragraph 20). | 50. Accordingly, respect for the rights of the defence implies that, in order that the person entitled to those rights can be regarded as having been placed in a position in which he may effectively make known his views, the authorities must take note, with all requisite attention, of the observations made by the person or undertaking concerned. | 0 |
7,367 | 40. On the other hand, if the applicant calls in question the merits of the decision appraising the aid as such, the mere fact that it may be regarded as ‘concerned’ within the meaning of Article 88(2) EC cannot suffice for the action to be considered admissible. It must then demonstrate that it enjoys a particular status within the meaning of Plaumann v Commission . That would in particular apply where the applicant’s market position would be substantially affected by the aid to which the decision at issue relates (see, to that effect, Case 169/84 Cofaz and Others v Commission [1986] ECR 391, paragraphs 22 to 25, and Commission v Aktionsgemeinschaft Recht und Eigentum , paragraph 37). | 56. S’agissant, en deuxième lieu, de l’élément justificatif relatif à la nécessité de prévenir la double prise en compte des pertes, invoqué par les gouvernements allemand et suédois, la Cour a reconnu que les États membres doivent pouvoir faire obstacle à ce risque (voir arrêts précités Marks & Spencer, point 47; Rewe Zentralfinanz, point 47, et Lidl Belgium, point 35). | 0 |
7,368 | 30. Such legislation, which is based on an irrebuttable presumption that tenders submitted for the same contract by affiliated undertakings will necessarily have been influenced by one another, breaches the principle of proportionality in that it does not allow those undertakings an opportunity to demonstrate that, in their case, there is no real risk of occurrence of practices capable of jeopardising transparency and distorting competition between tenderers (see, to that effect, Joined Cases C‑21/03 and C-34/03 Fabricom [2005] ECR I‑1559, paragraphs 33 and 35, and Michaniki , paragraph 62). | 90. Furthermore, the importance of ensuring the protection of the family life of citizens of the Union in order to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty has been recognised under European Union law (see Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraph 98). | 0 |
7,369 | 53 Given that framework, the Court has consistently held that a Turkish worker who fulfils the criteria laid down in Article 6(1) of Decision No 1/80 may claim an extension of his residence permit in the host Member State in order to remain in lawful gainful employment in that State (see, in particular, Kus, paragraph 36; Case C-36/96 Günaydin v Freistaat Bayern [1997] ECR I-5143, paragraph 55; Case C-98/96 Ertanir v Land Hessen [1997] ECR I-5179, paragraph 62; and Case C-1/97 Birden v Stadtgemeinde Bremen [1998] I-7747, paragraph 69).
The EEC-Morocco Agreement | 47. Il résulte d’une jurisprudence constante de la Cour que les restrictions à la liberté d’établissement, qui sont applicables sans discrimination tenant à la nationalité, peuvent être justifiées par des raisons impérieuses d’intérêt général, à condition qu’elles soient propres à garantir la réalisation de l’objectif poursuivi et qu’elles n’aillent pas au-delà de ce qui est nécessaire pour atteindre cet objectif (voir, notamment, arrêts Commission/Autriche, C‑356/08, EU:C:2009:401, point 42, et Commission/France, EU:C:2010:772, point 50). | 0 |
7,370 | 47. Accordingly, the phrase ‘earlier [than Directive 2004/38] European Union law instruments’, used in paragraph 40 of Lassal , must be understood as referring to the instruments which that directive codified, revised and repealed and not those which, like Article 12 of Regulation No 1612/68, were unaffected by that directive. | 15 IT APPEARS FROM ALL THESE CONSIDERATIONS THAT THE REGULATION COVERS ONLY IMPORT OR EXPORT TRANSACTIONS FOR WHICH THE PAYMENT OF DUTIES WAS MADE ON OR AFTER 1 JULY 1980 . | 0 |
7,371 | 26. As regards the scope of those directives, Article 47 EC confers on the Community legislature the power to harmonise completely, where appropriate, the diplomas concerned, while leaving to the legislature’s judgment the manner in which it is to go about achieving such an objective. Therefore, the legislature is free to introduce harmonisation in stages, having regard to the fact that it is generally difficult to implement harmonising measures because it requires the competent Community institutions to draw up, on the basis of diverse and complex national provisions, common rules in harmony with the aims laid down by the Treaty and approved by a qualified majority of the Members of the Council, or even the unanimous agreement of the latter (see, to that effect, Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraph 43, and Case C-166/98 Socridis [1999] ECR I-3791, paragraph 26). | 62. A rule such as that laid down in Article 25(3) of the Belgium-Netherlands Convention cannot be regarded as a benefit separable from the remainder of the Convention, but is an integral part thereof and contributes to its overall balance. | 0 |
7,372 | 47 In that regard, it should be recalled that the Convention does not affect rules of substantive law (Case 25/79 Sanicentral v Collin [1979] ECR 3423, paragraph 5), but has the aim of establishing uniform rules of international jurisdiction (Case C-269/95 Benincasa v Dentalkit [1997] ECR I-3767, paragraph 25). | 24. However, a taxable person also has a right to deduct even where there is no direct and immediate link between a particular input transaction and an output transaction or transactions giving rise to the right to deduct, where the costs of the services in question are part of his general costs and are, as such, components of the price of the goods or services which he supplies. Such costs do have a direct and immediate link with the taxable person’s economic activity as a whole (see, inter alia, judgments in Cibo Participations , C‑16/00, EU:C:2001:495, paragraph 33, and Portugal Telecom , C‑496/11, EU:C:2012:557, paragraph 37). | 0 |
7,373 | 61. It also follows from settled case-law that a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 to 24; Case 130/78 Salumificio di Cornuda [1979] ECR 867, paragraphs 23 to 27; and Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraphs 19 to 21). | 27RELIANCE , ON THE PART OF THE NATIONAL ADMINISTRATION , ON ITS OWN DELAY IN CARRYING OUT A DECISION OF THE COMMUNITY AUTHORITY WOULD IN FACT CONSTITUTE A BREACH OF THE FIRST PARAGRAPH OF ARTICLE 5 OF THE TREATY WHICH PROVIDES THAT : ' ' MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES , WHETHER GENERAL OR PARTICULAR , TO ENSURE FULFILMENT OF THE OBLIGATIONS ARISING OUT OF THIS TREATY OR RESULTING FROM ACTION TAKEN BY THE INSTITUTIONS OF THE COMMUNITY ' ' .
| 1 |
7,374 | 27. In order to answer this question, it must first be recalled that the system of protection established by Directive 93/13 is based on the idea that the consumer is in a weak position vis-à-vis the trader as regards both his bargaining power and his level of knowledge, which leads to the consumer agreeing to terms drawn up in advance by the trader without being able to influence the content of those terms (Case C‑168/05 Mostaza Claro [2006] ECR I‑10421, paragraph 25; Case C‑243/08 Pannon GSM [2009] ECR I‑4713, paragraph 22; and Case C‑40/08 Asturcom Telecomunicaciones [2009] ECR I‑9579, paragraph 29). | 12 THE GREEK GOVERNMENT CONSIDERS THAT SINCE THE BARRIERS TO CEREAL IMPORTS WERE LIFTED BEFORE THE ACTION WAS COMMENCED IT IS DEVOID OF PURPOSE . | 0 |
7,375 | Il résulte également de la jurisprudence de la Cour que, lorsqu’une question de fait ou de droit ne fait pas l’objet du litige
dont le Tribunal est saisi, il n’appartient pas à ce dernier de se prononcer sur cette question, sous peine de statuer ultra
petita. Par conséquent, tout constat à cet égard par le Tribunal constitue un obiter dictum prononcé au-delà des limites dudit
litige et ne tranche ni effectivement ni nécessairement un point de droit. Il est, dès lors, insusceptible d’être revêtu de
l’autorité de la chose jugée (voir, en ce sens, arrêt ThyssenKrupp Nirosta/Commission, C‑352/09 P, EU:C:2011:191, points 129
à 132). | 130. Having regard to the arguments raised before the General Court in that case, its task was limited to assessing whether or not the appellant, by making the statement of 23 July 1997, had waived its right to be heard specifically on the unlawful conduct of Thyssen Stahl. | 1 |
7,376 | 22. Given the link between the Convention and the Community legal order (Case C-398/92 Mund & Fester [1994] ECR I‑467, paragraph 12, and Case C-7/98 Krombach [2000] ECR I-1935, paragraph 24), that interpretation must be taken into account for the purposes of the interpretation of the Convention. | 16. It follows in particular that the concept of admissions to a cinema must be interpreted in accordance with the usual meaning of those words (see, to that effect, Commission v Spain , paragraph 20, and Commission v Germany , paragraph 23). | 0 |
7,377 | 41. That interpretation is not undermined by the Commission’s argument that contracts negotiated on the oligopolistic market for uranium enrichment have potentially significant effects on the security of the long-term supply of the Community and on the equal treatment of users. Even if that view were to be accepted, such reasoning implies that the interpretation of Article 75 EA should depend on market conditions. Such an interpretation of the provisions concerning the supply rules cannot be accepted (see, to that effect, Commission v France , paragraph 43). | 60. Si une erreur commise par les autorités douanières d’un État membre a pour effet que les droits de douane n’ont pas été recouvrés, elle ne saurait remettre en cause l’obligation de l’État membre en question de payer les droits qui auraient dû être constatés, dans le cadre de la mise à disposition des ressources propres, ainsi que les intérêts de retard (voir arrêts Commission/Danemark, C‑392/02, précité, point 63; du 19 mars 2009, Commission/Italie, C‑275/07, Rec. p. I‑2005, point 100, et du 8 juillet 2010, Commission/Italie, C‑334/08, non encore publié au Recueil, point 50). | 0 |
7,378 | 44. As the Court has consistently held, the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (see SABEL , paragraph 23, and Lloyd Schuhfabrik Meyer , paragraph 25). Thus, in order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered (see SABEL , paragraph 23, and, in relation to a word mark, DKV v OHIM , paragraph 24). | 41. En deuxième lieu, même s’il n’est pas exclu que la poursuite de l’action devant la juridiction du lieu de l’établissement du défendeur puisse impliquer des coûts supplémentaires pour l’ACICL, le dossier soumis à la Cour ne permet pas de constater, sous réserve des vérifications à effectuer par la juridiction de renvoi, que le bon déroulement du procès requiert la comparution de cette association à tous les stades de celui-ci (voir, par analogie, arrêt du 27 juin 2013, Agrokonsulting-04, C‑93/12, point 50). | 0 |
7,379 | 50
With regard to the question whether Article 16 of the Charter precludes the possibility, for a NRA, to require an operator to update its prices on an annual basis and to submit them for periodic monitoring, it is appropriate to recall that, according to the settled case-law of the Court, the protection afforded by that provision covers the freedom to exercise an economic or commercial activity, freedom of contract and free competition. In addition, freedom of contract includes, in particular, the freedom to choose with whom to do business and the freedom to determine the price of a service. However, the freedom to conduct a business does not constitute an absolute prerogative, but must be viewed in relation to its function in society (see, to that effect, judgments of 22 January 2013, Sky Österreich, C‑283/11, EU:C:2013:28, paragraphs 42, 43, 45 and the case-law cited, and of 17 October 2013, Schaible, C‑101/12, EU:C:2013:661, paragraphs 25 and 28). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,380 | 61. While the reasons need not necessarily be contained in the decision itself, the competent authority may none the less, pursuant to the applicable national legislation or of its own motion, indicate in the decision the reasons on which it is based (see Mellor , paragraph 63). | 99 However, as has been pointed out by Mr Bosman, by the Danish Government and by the Advocate General in points 209 and 210 of his Opinion, those rules are likely to restrict the freedom of movement of players who wish to pursue their activity in another Member State by preventing or deterring them from leaving the clubs to which they belong even after the expiry of their contracts of employment with those clubs. | 0 |
7,381 | 51. Having regard to the general context in which the three‑month period is placed and its objective, were a decision not to be taken by the Commission within that period the Member State concerned would be prevented from implementing that aid measure and could not obtain an authorisation decision to that effect from the Commission under the procedure initiated by the latter. Such a situation would be contrary to the orderly functioning of the rules on State aid, since the Commission’s authorisation could be obtained only as a result of a new procedure initiated in accordance with the Steel Aid Code, which would delay the Commission’s decision without offering any additional safeguard to the Member State concerned (Case C-5/01 Belgium v Commission , paragraphs 58 and 59). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,382 | 35
Secondly, an EU official may have the status of a migrant worker for the purposes of Article 45 TFEU as a national of a Member State working in the territory of a Member State other than his or her State of origin. However, the fact nevertheless remains that, in so far as EU officials are not subject to national legislation on social security, as referred to in Article 2(1) of Regulation No 1408/71 and in the same article of Regulation No 883/2004, which defines the persons covered by those regulations, they cannot be characterised as ‘workers’ within the meaning of those provisions. Nor are they covered, in that context, by Article 48 TFEU, which conferred on the Council the task of instituting a scheme allowing workers to overcome any obstacles which may arise for them from national rules in the field of social security, a task which the Council fulfilled by adopting Regulation No 1408/71 and, subsequently, Regulation No 883/2004 (see, to that effect, judgments of 3 October 2000, Ferlini, C‑411/98, EU:C:2000:530, paragraphs 41 and 42, and of 16 December 2004, My, C‑293/03, EU:C:2004:821, paragraphs 34 to 37). | 90 In the absence of pertinent provisions of Community law, the recovery of aid which has been declared incompatible with the common market is to be carried out in accordance with the rules and procedures laid down by national law, in so far as those rules and procedures do not have the effect of making the recovery required by Community law practically impossible and do not undermine the principle of equivalence with procedures for deciding similar but purely national disputes (see Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others [1983] ECR 2633, paragraph 19 and Case 94/87 Commission v Germany [1989] ECR 175, paragraph 12). | 0 |
7,383 | 48. In that regard, it should be stated that it is for the national court alone to determine the subject-matter of the questions which it wishes to refer to the Court. The Court cannot, at the request of one party to the main proceedings, examine questions which have not been submitted to it by the national court. If, in view of the course of the proceedings, the national court were to consider it necessary to obtain further interpretations of EU law, it would be for it to make a fresh reference to the Court (see, to that effect, judgments in CBEM , 311/84, EU:C:1985:394, paragraph 10; Syndesmos Melon tis Eleftheras Evangelikis Ekklisias and Others , C‑381/89, EU:C:1992:142, paragraph 19, and Slob , C‑236/02, EU:C:2004:94, paragraph 29). There is therefore no need for the Court to examine the arguments referred to in paragraph 46 above. | 34 It follows that the conditions for the refund of excess VAT that a Member State sets must enable the taxable person, in appropriate conditions, to recover the entirety of the credit arising from that excess VAT. This implies that the refund is carried out within a reasonable period of time by a payment in liquid funds or equivalent means. In any case, the method of refund adopted must not entail any financial risk for the taxable person. | 0 |
7,384 | 17 In order to reply to this question, it is important to remember the context in which it was decided to limit the effects in time of the Barber judgment. | 37. In a situation such as that at issue in the main proceedings, BKK’s members, who must manifestly be regarded as consumers within the meaning of the Unfair Commercial Practices Directive, could be deceived by the misleading information circulated by that body thus preventing them from making an informed choice (see recital 14 in the preamble to that directive) and leading them to take a decision they would not have taken in the absence of such information, as envisaged by Article 6(1) of that directive. In those circumstances, whether the body at issue or the specific task it pursues are public or private is irrelevant. | 0 |
7,385 | 21. That special rule of jurisdiction, because it derogates from the principle stated in Article 2 of Regulation No 44/2001 that jurisdiction be based on the defendant’s domicile, must be strictly interpreted and cannot be given an interpretation going beyond the cases expressly envisaged by that regulation (see Painer , paragraph 74 and the case-law cited). | 53 It follows from the foregoing considerations that, although objective, the criterion applied by the national legislation at issue is not justified by the nature or general scheme of that legislation, so that it cannot save the measure at issue from being in the nature of State aid. | 0 |
7,386 | 26. As regards the delimitation of the scope, respectively, of the principles of freedom to provide services and freedom of establishment, it is necessary to establish whether or not the economic operator is established in the Member State in which it offers the service in question (see, to that effect, Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 22). Where that operator is established in the Member State in which it offers the service, it falls within the scope of the principle of freedom of establishment, as defined in Article 43 EC. On the other hand, where the economic operator is not established in the Member State of destination, it is a cross-border service provider covered by the principle of freedom to provide services laid down in Article 49 EC (see Duomo Gpa and Others , paragraph 30 and the case-law cited). | 54. Il résulte des articles 2 et 10 de l’acte d’adhésion que celui-ci est fondé sur le principe de l’application immédiate et intégrale des dispositions du droit de l’Union aux nouveaux États membres, des dérogations n’étant admises que dans la mesure où elles sont prévues expressément par les dispositions transitoires (voir, en ce sens, arrêt du 28 octobre 2010, Commission/Lituanie, C‑350/08, non encore publié au Recueil, point 55 et jurisprudence citée). | 0 |
7,387 | 41. A Member State that is seeking to ensure a particularly high level of protection may, consequently, as the Court has acknowledged in its decisions, be entitled to take the view that it is only by granting exclusive rights to a single body which is subject to strict control by the public authorities that it can tackle the risks connected with the gambling sector and pursue the objective of preventing incitement to squander money on gambling and combating addiction to gambling with sufficient effectiveness (see, to that effect, Stoß and Others , paragraphs 81 and 83). | 43
Such service, in so far as it is classified as ‘a service in the field of transport’, does not come under Directive 2006/123 either, since this type of service is expressly excluded from the scope of the directive pursuant to Article 2(2)(d) thereof. | 0 |
7,388 | 15 The Court has consistently held that a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-303/92 Commission v Netherlands [1993] ECR I-4739, paragraph 9, and Case C-298/97 Commission v Spain [1998] ECR I-3301, paragraph 14). | 13 In that respect it should be borne in mind, first, that the Directive is designed to protect commercial agents, within the meaning of the Directive. According to Article 1(2), a commercial agent is `a self-employed intermediary who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person ... or to negotiate and conclude such transactions on behalf of and in the name of that principal'. Since entry in a register is not referred to as a condition for protection under the Directive, it follows that protection under the Directive is not conditional upon entry in a register. | 0 |
7,389 | 60. First, as regards the admissibility of the complaint relating to the maintenance in force of the agreement concluded with Czechoslovakia, it must be held that this was raised by the Commission in its reply and therefore cannot be examined by the Court. Such a complaint is not mentioned by the Commission in its originating application (see, to that effect, Case 298/86 Commission v Belgium [1988] ECR 4343, paragraph 8). | 62. By prohibiting the registration as Community trade marks of signs or indications which may serve, in trade, to designate characteristics of the goods or services in respect of which registration is sought, Article 7(1)(c) of Regulation No 40/94 pursues an aim which is in the public interest, namely that such signs or indications may be freely used by all. That provision accordingly prevents such signs and indications from being reserved to one undertaking alone because they have been registered as trade marks (see Case C‑191/01 P OHIM v Wrigley [2003] ECR I‑12447, paragraph 31, and orders in Case C‑326/01 P Telefon & Buch v OHIM [2004] ECR I‑1371, paragraph 27, and Case C150/02 P Streamserve v OHIM [2004] ECR I‑1461, paragraph 25). | 0 |
7,390 | 39 According to the Court's case-law, national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty can be justified only if they fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by overriding reasons based on the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain that objective (see Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37, Case C-424/97 Haim [2000] ECR I-5123, paragraph 57, and Mac Quen, cited above, paragraph 26). | 38. En l’espèce, ce régime soumet à une autorisation préalable l’acquisition de parts s’élevant à plus de 10 % du capital social des entreprises exerçant certaines activités réglementées dans le secteur de l’énergie ou toute autre acquisition conférant une influence significative sur ces entreprises et les acquisitions directes des actifs nécessaires à l’exercice desdites activités. Selon les dispositions du paragraphe 3, de la quatorzième fonction modifiée, ces acquisitions ne sont valides qu’après l’obtention de l’autorisation de la CNE. | 0 |
7,391 | 54. Moreover, the Court of First Instance did not commit an error of law in holding that it was not for it to substitute its assessment for that of the persons responsible for appraising the applicant’s work (Case 29/70 Marcato v Commission [1971] ECR 243, paragraph 7, and Case 207/81 Ditterich v Commission [1983] ECR 1359, paragraph 13). | 31. It follows that the suspension of voting rights provided for by Decree-Law No 192/2001 constitutes a restriction on the free movement of capital prohibited, in principle, by Article 56 EC. | 0 |
7,392 | 36
It should be pointed out that Article 20 TFEU does not affect the possibility of Member States relying on an exception linked, in particular, to upholding the requirements of public policy and safeguarding public security. However, since CS’s situation falls within the scope of EU law, assessment of her situation must take account of the right to respect for private and family life, as laid down in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), an article which must be read in conjunction with the obligation to take into consideration the child’s best interests, recognised in Article 24(2) of the Charter (see, to this effect, judgment of 23 December 2009, Detiček, C‑403/09 PPU, EU:C:2009:810, paragraphs 53 and 54). | 78. However, in order for such rules to comply with the principle of proportionality, it must be ascertained not only whether the means which they employ are suitable for the purpose of attaining the desired objectives but also whether those means do not go beyond what is necessary for that purpose (see Case C-284/95 Safety Hi-Tech [1998] ECR I-4301, paragraph 57). | 0 |
7,393 | null | 35
That being the case, it is clear that the aim of the appeal is to have the decision of General Court as it appears in the operative part of the judgment under appeal partly set aside and that the defects of form that affect the drafting of the forms of order in the appeal do not prevent the Court from carrying out its review of legality (see, by analogy, the judgment in ISD Polska and Others v Commission, C‑369/09 P, EU:C:2011:175, paragraph 67, and order in Fercal v OHIM, C‑324/13 P, EU:C:2014:60, paragraph 37). | 0 |
7,394 | 88. Compliance with the principle of 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 (see, inter alia, Case C‑44/94 Fishermen’s Organisations and Others [1995] ECR I‑3115, paragraph 46; Joined Cases C‑87/03 and C‑100/03 Spain v Council [2006] ECR I-2915, paragraph 48; and Case C‑141/05 Spain v Council [2007] ECR I-9485, paragraph 40). | 65. The French Government does not deny that rules under which authorisation to operate a bio-medical analysis laboratory can be granted only to a laboratory with a place of business in France constitutes such a restriction on the exercise of freedom to provide services. It is clear that the requirement for a place of business in France makes it impossible for laboratories which have their place of business in another Member State to offer services in France. | 0 |
7,395 | 21 However, dismissal of a woman during pregnancy cannot be based on her inability, as a result of her condition, to perform the duties which she is contractually bound to carry out. If such an interpretation were adopted, the protection afforded by Community law to a woman during pregnancy would be available only to pregnant women who were able to comply with the conditions of their employment contracts, with the result that the provisions of Directive 76/207 would be rendered ineffective (see Webb, cited above, paragraph 26). | 147. In such a review, the Court of First Instance may ascertain whether the Commission provided a sufficient statement of reasons for the contested decision (see, to that effect, Remia and Others v Commission , cited above, paragraph 40, and Case C‑7/95 P Deere v Commission [1998] ECR I‑3111, paragraphs 28 and 29). | 0 |
7,396 | 37. Consequently, according to the case-law of the Court, Community law does not require a national court to disapply domestic rules of procedure conferring finality on a decision, even if to do so would make it possible to remedy an infringement of a provision of Community law, regardless of its nature, on the part of the decision at issue (see, inter alia, Case C‑126/97 Eco Swiss [1999] ECR I‑3055, paragraphs 47 and 48; Kapferer , paragraph 21; and Fallimento Olimpiclub , paragraph 23). | 51. Cet objectif, ainsi que la Cour l’a déjà souligné, a notamment pour objet de sauvegarder la symétrie entre le droit d’imposition des bénéfices et la faculté de déduction des pertes (voir arrêts précités Lidl Belgium, point 33, et Philips Electronics UK, point 24), en particulier afin de prévenir que le contribuable choisisse librement l’État membre où faire valoir de tels bénéfices ou de telles pertes (voir, en ce sens, arrêts précités Oy AA, point 56, et Lidl Belgium, point 34). | 0 |
7,397 | 33. In that regard, it must be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see Case C-437/97 EKW and Wein & Co. [2000] ECR I‑1157, paragraph 52, and Case C-448/01 EVN and Wienstrom [2003] ECR I‑14527, paragraph 74). Consequently, where the questions submitted concern the interpretation of Community law, the Court is, in principle, bound to give a ruling. | 45. However, the fact that the conflicting marks are identical, and even more so if they are merely similar, is not sufficient for it to be concluded that there is a link between those marks. | 0 |
7,398 | 31. In addition, the Court of Justice has already ruled that Article 28 EC precludes the application in intra‑Community trade of national provisions which require, even as a pure formality, import licences or any other similar procedure (see, to that effect, Case 124/81 Commission v United Kingdom (‘UHT milk’) [1983] ECR 203, paragraph 9; Case C‑304/88 Commission v Belgium [1990] ECR I‑2801, paragraph 9; and Case C‑434/04 Ahokainen and Leppik [2006] ECR I‑0000, paragraph 20). | 39. 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 ( Halifax and Others , paragraph 48). | 0 |
7,399 | 43. Thus, in order to determine whether a Turkish national who has entered the territory of a Member State lawfully may, after working for a year in that territory, rely on the rights conferred by Article 6(1) of Decision No 1/80, it must be determined whether he meets the objective conditions laid down in that provision, without it being necessary to take into account the reasons for which he was first granted the right to enter that territory or any temporal limitations attached to his right to work. According to settled case-law, it is not open to the national authorities to attach conditions to such rights or to restrict their application, as they would otherwise undermine the effect of Decision No 1/80 (see Günaydin , paragraphs 37 to 40, and 50; Birden , paragraph 19; Kurz , paragraph 26; Joined Cases C-317/01 and C-369/01 Abatay and Others [2003] ECR I‑12301, paragraph 78; and Sedef , paragraph 34). | 12 Furthermore, the finding of a failure to fulfil obligations of itself precludes granting the Luxembourg authorities' application to suspend the proceedings pending a hypothetical withdrawal of the action by the Commission (Case C-47/99 Commission v Luxembourg [1999] ECR I-8999, paragraph 12). | 0 |
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