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7,400 | 61. It is for the Commission, when it considers that a Member State has failed to fulfil its obligations, to assess whether it is appropriate to act against that State, to ascertain the provisions which it has infringed and to choose when it will open the infringement procedure against it (see, in particular, Case C‑33/04 Commission v Luxembourg [2005] ECR I‑10629, paragraph 66 and the case-law cited, and the judgment of 7 October 2010 in Case C-154/09 Commission v Portugal , paragraph 51). The subject-matter of an action for failure to fulfil obligations is determined by the Commission’s reasoned opinion (Case C-171/08 Commission v Portugal [2010] ECR I‑6817, paragraph 25 and the case-law cited). | 62. Although Directive 93/13 requires that the national court hearing disputes between consumers and sellers or suppliers take positive action unconnected with the parties to the contract (judgments in Asbeek Brusse and de Man Garabito , C‑488/11, EU:C:2013:341, paragraph 39 and the case-law cited, and Pohotovosť , C-470/12, EU:C:2014:101, paragraph 40 and the case-law cited), the need to comply with the principle of effectiveness cannot be stretched so far as to make up fully for the total inertia on the part of the consumer concerned (see, to that effect, judgment in Kušionová, C‑34/13, EU:C:2014:2189, paragraph 56). | 0 |
7,401 | 56
The appellants criticise the General Court for having ignored the findings made in the judgment of 26 September 2013, EI du Pont de Nemours v Commission (C‑172/12 P, not published, EU:C:2013:601, paragraph 47). The appellants conclude from that case-law that the finding that a joint venture and its controlling shareholders form a single undertaking has the sole purpose of attributing joint and several liability to those shareholders for the joint venture’s infringing conduct. Consequently, it is their submission that LGE, Philips and the LPD group should each have been treated as a separate undertaking for purposes other than parent company liability. They maintain that such an approach is, moreover, in accordance with the judgment of 9 July 2015, InnoLux v Commission (C‑231/14 P, EU:C:2015:451, paragraphs 56 and 57). The appellants submit that an analysis on the basis of that case-law should have led the General Court to conclude that LGE, Philips and the LPD group did not constitute a vertically integrated undertaking, and that sales between them were consequently not capable of being found to have been carried out within the same group. | 41. On the other hand, in the cases in the main proceedings, the distinguishing criterion for determining the tax treatment applicable, established by the national legislation at issue, is not the tax situation of the shareholder but solely the status of the UCITS, namely whether or not it is resident. | 0 |
7,402 | 12 In those four judgments, the Court added that unlawful imports or supplies of goods such as those at issue in those cases, release of which into the economic and commercial channels of the Community is by definition absolutely precluded and which can give rise only to penalties under the criminal law, are wholly alien to the provisions of the Sixth Directive (Einberger, paragraphs 19 and 20; Mol, paragraph 15; Happy Family, paragraph 17; and Witzemann, paragraph 19). That line of case-law thus concerns goods which, because of their special characteristics, may not be placed on the market or incorporated into economic channels. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,403 | 30. It is only where the Community has intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the WTO agreements, that it is for the Court to review the legality of the Community measure in question in the light of the WTO rules (Case C‑149/96 Portugal v Council [1999] ECR I‑8395, paragraph 49; Biret International v Council , paragraph 53; and Van Parys , paragraph 40 and the case-law cited). | 49 It is only where the Community intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the WTO agreements, that it is for the Court to review the legality of the Community measure in question in the light of the WTO rules (see, as regards GATT 1947, Fediol, paragraphs 19 to 22, and Nakajima, paragraph 31). | 1 |
7,404 | 45. Moreover, it should be noted that, while European Union primary law can offer no guarantee to an insured person that moving to another Member State will be neutral in terms of social security, in particular where sickness and old-age pension insurance are concerned, since, given the disparities between the Member States’ social security schemes and legislation, such a move may be to the advantage of the person concerned in terms of social security, or not, depending on the circumstances, it is settled case‑law that, where its application is less favourable, national legislation is consistent with European Union law only to the extent that, in particular, such legislation does not place the worker at a disadvantage compared to those who pursue all their activities in the Member State where it applies and does not purely and simply result in the payment of social security contributions on which there is no return (see, to that effect, Joined Cases C‑393/99 and C‑394/99 Hervein and Others [2002] ECR I‑2829, paragraph 51; Case C‑493/04 Piatkowski [2006] ECR I‑2369, paragraph 34; van Delft and Others , paragraphs 100 and 101; and Case C‑388/09 da Silva Martins [2011] ECR I‑0000, paragraphs 72 and 73). | 100. In those circumstances, Article 21(1) TFEU cannot guarantee to an insured person that a move to another Member State will be neutral in terms of social security, in particular as regards sickness benefits. In view of the disparities existing between the schemes and legislations of the Member States in this field, such a move may, depending on the case, be more or less advantageous or disadvantageous for the person concerned from the point of view of social protection (see von Chamier-Glisczinski , paragraph 85). | 1 |
7,405 | 14 In this respect, the overriding reasons relating to the public interest which the Court has already recognized include professional rules intended to protect recipients of the service (Joined Cases 110/78 and 111/78 Van Wesemael [1979] ECR 35, paragraph 28); protection of intellectual property (Case 62/79 Coditel [1980] ECR 881); the protection of workers (Case 279/80 Webb [1981] ECR 3305, paragraph 19; Joined Cases 62/81 and 63/81 Seco v EVI [1982] ECR 223, paragraph 14; Case C-113/89 Rush Portuguesa [1990] ECR I-1417, paragraph 18); consumer protection (Case 220/83 Commission v France [1986] ECR 3663, paragraph 20; Case 252/83 Commission v Denmark [1986] ECR 3713, paragraph 20; Case 205/84 Commission v Germany [1986] ECR 3755, paragraph 30; Case 206/84 Commission v Ireland [1986] ECR 3817, paragraph 20; Commission v Italy, cited above, paragraph 20; and Commission v Greece, cited above, paragraph 21), the conservation of the national historic and artistic heritage (Commission v Italy, cited above, paragraph 20); turning to account the archaeological, historical and artistic heritage of a country and the widest possible dissemination of knowledge of the artistic and cultural heritage of a country (Commission v France, cited above, paragraph 17, and Commission v Greece, cited above, paragraph 21). | 34. It must be added that the tideover allowance constitutes a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 ( D’Hoop , paragraph 17). | 0 |
7,406 | 29 In response to those requests it is sufficient to state that the national court has not submitted any question in that regard and that there is therefore no need to consider them (see Case 5/72 Grassi v Italian Finance Administration [1972] ECR 443, paragraph 4, and Case C-196/89 Nespoli and Crippa [1990] ECR I-3647, paragraph 23). | 77. Second, in the other language versions, the term "debt collection" must be interpreted as encompassing all forms of factoring. In accordance with its objective character, the essential aim of factoring is the recovery and collection of debts owed to a third party. Therefore, factoring must be regarded as constituting merely a variant of the more general concept of "debt collection" , whatever the manner in which it is carried out. | 0 |
7,407 | 15. With regard to the first point raised by the defendant Member State, it must be recalled that, in accordance with settled case-law, the letter of formal notice sent by the Commission to the Member State and then the reasoned opinion issued by the Commission delimit the subject-matter of the dispute, so that it cannot thereafter be extended. The opportunity for the Member State concerned to be able to submit its observations, even if it chooses not to avail itself thereof, constitutes an essential guarantee intended by the Treaty, adherence to which is an essential formal requirement of the procedure for finding that a Member State has failed to fulfil its obligations. Consequently, the reasoned opinion and the proceedings brought by the Commission must be based on the same complaints as those set out in the letter of formal notice initiating the pre-litigation procedure (see Case C‑191/95 Commission v Germany [1998] ECR I‑5449, paragraph 55, and Case C‑422/05 Commission v Belgium [2007] ECR I‑0000, paragraph 25). If that is not the case, that irregularity cannot be regarded as having been cured by the fact that the defendant Member State subsequently submitted observations on the reasoned opinion (see Case 51/83 Commission v Italy [1984] ECR 2793, paragraphs 6 and 7). | 65 Therefore, the Temporary Regulation applied in circumstances which were such as to trigger the application of the PMS clauses. | 0 |
7,408 | 12 In that respect, it should be noted that the effect of the annulment of the act of the President of the Parliament of 11 July 1990 owing to the unlawfulness of ASB No 2/90 alleged by the Council would be to deprive that amending and supplementary budget of its validity (see the judgment in Council v Parliament, cited above, paragraph 46). | 59 Article 1 of Protocol No 5 on bananas takes the form of a standstill clause. In other words, that provision aims to ensure the access of bananas from ACP States to their traditional markets upon conditions and according to rules which are no less favourable than those which existed when it entered into force. However, that guarantee of access benefits bananas from ACP States only up to the quantities imported when that provision entered into force. | 0 |
7,409 | 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). | 87. It is clear from paragraph 35 of the judgment in Standley and Others that the Directive applies to cases in which the discharge of nitrogen compounds of agricultural origin makes a significant contribution to pollution. | 0 |
7,410 | 55. As may be inferred in particular from Article 218(6)(a)(v) TFEU, that distinction is designed to reflect externally the division of powers between institutions that applies internally. The Treaty of Lisbon required the Parliament’s consent for the conclusion of international agreements specifically in the case of agreements covering areas to which, in the internal field, the ordinary legislative procedure laid down in Article 294 TFEU applies, or the special legislative procedure, but only where that procedure requires the consent of the Parliament. Moreover, the Parliament is precluded from participating in the conclusion of such an agreement only where the agreement relates exclusively to the CFSP, in relation to which the Treaty of Lisbon conferred a limited role on the Parliament (see, to that effect, Parliament v Council EU:C:2012:472, paragraph 82). | 20 In that respect, according to the settled case-law of the Court (see, for example, the judgments in Case 107/83 Ordre des Avocats au Barreau de Paris v Klopp [1984] ECR 2971, paragraph 19; Case 143/87 Stanton and L' Étoile 1905 v Inasti [1988] ECR 3877, paragraph 11; and Joined Cases 154 and 155/87 RSVZ v Wolf and Others [1988] ECR 3897, paragraph 11), the right of establishment also entails the right to set up and maintain, subject to observance of the rules of professional practice, more than one place of work within the Community. | 0 |
7,411 | 40
In accordance with settled case-law, in adopting such guidelines and announcing by publishing them that they will apply to the cases to which they relate, the Commission imposes a limit on the exercise of that discretion and cannot, as a general rule, depart from those guidelines, at the risk of being found to be in breach of general principles of law, such as equal treatment or the protection of legitimate expectations (judgment of 8 March 2016, Greece v Commission, C‑431/14 P, EU:C:2016:145, paragraphs 69 and 70 and the case-law cited). | 44. Moreover, the list laid down in Article 3 of Directive 85/337 of the factors to be taken into account, such as the effect of the project on human beings, fauna and flora, soil, water, air or the cultural heritage, shows, in itself, that the environmental impact whose assessment Directive 85/337 is designed to enable is not only the impact of the works envisaged but also, and above all, the impact of the project to be carried out. | 0 |
7,412 | 24. Thus, any intra-Community acquisition that is taxed in the Member State where the dispatch or intra-Community transport of goods ends under the first subparagraph of Article 28a(1)(a) of the Sixth Directive has, as a corollary, an exempted supply in the Member State in which that dispatch or transport began under the first subparagraph of Article 28c(A)(a) of that directive (Case C‑245/04 EMAG Handel Eder [2006] ECR I‑3227, paragraph 29). | 26 It is also settled case-law that, in the case of acts adopted by a procedure involving several stages, and particularly where they are the culmination of an internal procedure, it is in principle only those measures which definitively determine the position of the Commission or the Council upon the conclusion of that procedure which are open to challenge and not intermediate measures whose purpose is to prepare for the final decision (see Case 60/81 IBM v Commission ECR 2639, paragraph 10). Furthermore, according to the same case-law, an act which is neither capable of producing nor intended to produce any legal effects cannot form the basis of an action for annulment (see, inter alia, Case 133/79 Sucrimex and Westzucker v Commission [1980] ECR 1299, the order in Case 151/88 Italy v Commission [1989] ECR 1255, paragraph 22, and Netherlands v Commission, cited above, paragraph 27). | 0 |
7,413 | 61. Il est de principe que les lois modificatives d’une disposition législative, telles que les règlements de modification du statut, s’appliquent, sauf dérogation, aux effets futurs des situations nées sous l’empire de la loi ancienne (voir, en ce sens, arrêt du 29 juin 1999, Butterfly Music, C‑60/98, Rec. p. I‑3939, point 24). | 16 Wiljo contests that view. It maintains that the national authorities have primary responsibility for administering the Fund and that it was therefore reasonable for it to assume that the Commission's decision could be challenged in proceedings against those authorities before the national courts, particularly in view of the Commission's statement, in its letter of 6 May 1993, that a copy of the decision was to be sent to the Belgian authorities. | 0 |
7,414 | 92
In that regard, it should be emphasised that, as has been noted in paragraphs 53 to 55 of the present judgment, the Court held, in the judgment in Stanleybet International and Others (C‑186/11 and C‑209/11, EU:C:2013:33, paragraphs 38, 46 and 47), that national legislation concerning a public monopoly on sporting bets which, according to the findings of a national court, comprises restrictions that are incompatible with the freedom of establishment and the freedom to provide services, cannot continue to apply during a transitional period. The refusal to allow a transitional period does not, however, oblige the Member State concerned to liberalise the market in games of chance, that State also being able to reform the existing monopoly in order to make it compatible with EU law or to replace it with a system of prior administrative authorisation based on objective, non-discriminatory criteria which are known in advance. | 37. Further, it must be borne in mind that a restrictive measure can be considered to be an appropriate means of securing the achievement of the objective pursued only if it genuinely reflects a concern to secure the attainment of that objective in a consistent and systematic manner (see, to that effect, judgment in Kakavetsos-Fragkopoulos , C‑161/09, EU:C:2011:110, paragraph 42, and, by analogy, judgment in Berlington Hungary and Others , C‑98/14, EU:C:2015:386, paragraph 64). | 0 |
7,415 | 70
According to settled case law, it is not for the Court, in preliminary ruling proceedings, to rule upon the compatibility of provisions of national law with EU law or to interpret national legislation or regulations (see, inter alia, judgments in Jaeger, C‑151/02, EU:C:2003:437, paragraph 43, and in Consorci Sanitari del Maresme, C‑203/14, EU:C:2015:664, paragraph 43). | 51. It is common ground, first, that the injunction requiring installation of the contested filtering system would involve a systematic analysis of all content and the collection and identification of users’ IP addresses from which unlawful content on the network is sent. Those addresses are protected personal data because they allow those users to be precisely identified. | 0 |
7,416 | 32 It is settled case-law that the Member States' obligation arising from a directive to achieve the result prescribed by the directive and their duty, under Article 5 of the EC Treaty (now Article 10 EC), to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation is binding on all the authorities of the Member States (judgments in Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26, and Case C-258/97 HI [1999] ECR I-1405, paragraph 25), including decentralised authorities such as municipalities (Case 103/88 Fratelli Costanzo [1989] ECR I839, paragraph 32, and Case C-224/97 Ciola [1999] ECR I-2517, paragraph 30). | 39 As regards, first, the existence of an organisational link, it is not disputed that two of the five members of the appeal chamber belong to the tax authority. It is noteworthy, in that regard, that at least according to the terms of the legislation the President of the regional finance authority is a member as of right of the appeal chamber, of which he exercises the function of president. | 0 |
7,417 | 30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25). | 62. The Swedish disability allowance, which has those characteristics that purpose, must consequently be classified as a sickness benefit, as the Court held in Molenaar , Jauch and Hosse , even if the scheme under the Swedish legislation differs from that governing the allowances at issue in those cases. | 0 |
7,418 | 51. In that connection, it must be observed that, in choosing the means capable of achieving their social policy objectives, the Member States enjoy broad discretion (see, to that effect, Mangold , paragraph 63). However, that discretion cannot have the effect of frustrating the implementation of the principle of non-discrimination on grounds of age. Mere generalisations concerning the capacity of a specific measure to contribute to employment policy, labour market or vocational training objectives are not enough to show that the aim of that measure is capable of justifying derogation from that principle and do not constitute evidence on the basis of which it could reasonably be considered that the means chosen are suitable for achieving that aim (see, by way of analogy, Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraphs 75 and 76). | 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 |
7,419 | 34. Contrary to what the French Republic and the United Kingdom suggest, it cannot be held that this unfavourable treatment is offset by the double taxation conventions concluded by the Republic of Finland. It is necessary for that purpose that the application of such a convention should allow the effects of the difference in treatment under national legislation to be compensated for (see, Case C‑284/09 Commission v Germany [2011] ECR I‑9879, paragraph 63, and the case‑law cited). As is clear from the explanations provided on that point at the hearing by the Republic of Finland, that Member State has concluded only three conventions providing for a rate of taxation on dividends of 0%, most of the other conventions providing for a rate of 15%. | 15 That conclusion is not altered by the fact that the productivity of persons employed in the scheme is low and that, consequently, their remuneration is largely provided by subsidies from public funds . Neither the level of productivity nor the origin of the funds from which the remuneration is paid can have any consequence in regard to whether or not the person is to be regarded as a worker . | 0 |
7,420 | 30. The Court has already had occasion to state that a Union citizen who has never exercised his right of freedom of movement and has always resided in a Member State of which he is a national, is not covered by the concept of ‘beneficiary’ for the purposes of that provision, so that Directive 2004/38 is not applicable to him (Case C‑434/09 McCarthy [2011] ECR I‑3375, paragraphs 31 and 39, and Dereci and Others , paragraph 54). | 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 |
7,421 | 47
However, although the referring court starts from the premise that the general principles of transparency and equal treatment flowing from Articles 49 TFEU and 56 TFEU are applicable, it has not established the facts necessary for this Court to ascertain whether, in the case in the main proceedings, there is certain cross-border interest. As is clear from Article 94 of the Rules of Procedure of the Court of Justice, the Court must be able to find in a request for a preliminary ruling a summary of the facts on which the questions are based and the connection, inter alia, between those facts and the questions. Therefore, the findings necessary to verify the existence of certain cross-border interest, and more generally all the findings to be made by the national courts and on which the applicability of an act of secondary and primary legislation of the European Union depends, must be made before the questions are referred to the Court (see judgment in Azienda sanitaria locale No 5 Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 47). | 12 Since the proportion of the stakes which is paid out as winnings is mandatorily fixed in advance, it cannot be regarded as forming part of the consideration for the provision of the machine to the players, nor as the price for any other service provided to the players, such as giving them the opportunity of winning or the payment of winnings itself. | 0 |
7,422 | 25 The freedom to provide services, as one of the fundamental principles of the Treaty, may be restricted only by rules justified by overriding requirements relating to the public interest and applicable to all persons and undertakings operating in the territory of the State where the service is provided, in so far as that interest is not safeguarded by the rules to which the provider of such a service is subject in the Member State where he is established (see, in particular, Case 279/80 Webb [1981] ECR 3305, paragraph 17; Säger, paragraph 15; Vander Elst, paragraph 16; Guiot, paragraph 11; and Arblade, paragraph 34). | 46 Il y a lieu également de rappeler que les dispositions de ces règlements relatives à la force majeure ont été adoptées précisément pour protéger les opérateurs économiques des conséquences préjudiciables, pour eux, de circonstances anormales et qu'ils ne pouvaient pas prévoir. Selon ces dispositions, les exportateurs sont dispensés du paiement des pénalités, mais non du remboursement des restitutions perçues à l'avance. | 0 |
7,423 | 57
In order to ascertain whether a term, such as that at issue in the main proceedings, causes a ‘significant imbalance’ in the parties’ rights and obligations arising under the contract to the detriment of the consumer, contrary to the requirement of good faith, the national court must assess for those purposes whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in individual contract negotiations (see, to that effect, judgment of 14 March 2013, Aziz, C‑415/11, EU:C:2013:164, paragraphs 68 and 69). | 35. As regards the arguments submitted by the Italian Republic in its defence, it should be noted that, according to settled case-law, the only defence available to a Member State in infringement proceedings brought by the Commission under Article 88(2) EC is to plead that it was absolutely impossible for it properly to implement the decision at issue (see, inter alia, Case C‑177/06 Commission v Spain [2007] ECR I-7689, paragraph 46, and Case C‑214/07 Commission v France [2008] ECR I‑8357, paragraph 44). | 0 |
7,424 | 44. The deterrent nature and dissuasive purpose of the prohibitory actions, together with their independence of any particular dispute, mean that such actions may be brought even though the terms which it is sought to have prohibited have not been used in specific contracts (see Commission v Italy , paragraph 15, and Invitel , paragraph 37). | 18 It is appropriate, first, briefly to recall the factual and legal circumstances of the Roenfeldt case, relating to the application of the provisions of a social security convention between the Kingdom of Denmark and the Federal Republic of Germany, which for the most part were similar to those at issue in this case. | 0 |
7,425 | 43. As the Court has already held, in relation to direct taxes, the situations of residents and of non-residents are generally not comparable, because the income received in the territory of a Member State by a non-resident is in most cases only a part of his total income, which is concentrated at his place of residence, and because a non-resident's personal ability to pay tax, determined by reference to his aggregate income and his personal and family circumstances, is easier to assess at the place where his personal and financial interests are centred, which in general is the place where he has his usual abode (Schumacker , paragraphs 31 and 32; Gschwind , paragraph 22; Case C-87/99 Zurstrassen [2000] ECR I-3337, paragraph 21). | 11. Dès lors, il convient de constater que, à la date d’expiration du délai fixé dans l’avis motivé, date à laquelle doit être appréciée l’existence d’un manquement (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I-8227, point 24, et du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9), les mesures nécessaires pour assurer la transposition de l’article 26, paragraphe 3, de la directive dans l’ordre juridique slovaque n’avaient pas été adoptées. | 0 |
7,426 | 49. Such offsetting is, moreover, capable of ensuring fiscal coherence since that offsetting is the indissociable complement of the losses having previously been taken into account (see, to that effect, judgment in Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt , C‑157/07, EU:C:2008:588, paragraph 54). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
7,427 | 58 In any event, Article 8(1) of Regulation No 3118/93 provides that Member States are to assist one another in applying that regulation. If the German authorities had doubts as to the lawfulness of cabotage authorisations issued by the Luxembourg authorities, it was their responsibility to refer that question to those authorities so that, if need be, the latter could re-examine the situation. In their capacity as authorities of the host Member State, the German authorities were, however, not entitled to decline to recognise cabotage authorisations issued by the Member State of establishment or to impose a condition for carrying out cabotage by road not laid down by Regulation No 3118/93 (see, to that effect, Case C-202/97 FTS v Bestuur van het Landelijk Instituut Sociale Verzekeringen [2000] ECR I-883, paragraphs 51 to 56, and Case C-178/97 Banks and Others v Théâtre Royal de la Monnaie [2000] ECR I-2005, paragraphs 38 to 43). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,428 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 17. In that context, the Court has explained that the legal nature of that consideration is not important for the purposes of the application of Article 157 TFEU provided that it is granted in respect of the employment (see judgment in Krüger , C‑281/97, EU:1999:396, paragraph 16). | 0 |
7,429 | 55
It is apparent from the case-law that it is the task of the Courts of the European Union to interpret the decisions of the Commission in the light of the reasons stated in those decisions and to do so, in some cases, regardless of the arguments developed by the Commission in the course of proceedings (see, to that effect, judgments of 19 July 2012, Alliance One International and Standard Commercial Tobacco v Commission, C‑628/10 P and C‑14/11 P, EU:C:2012:479, paragraphs 72 to 79; of 19 March 2013, Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others, C‑399/10 P and C‑401/10 P, EU:C:2013:175, paragraphs 126 to 129; and of 30 November 2016, Commission v France and Orange, C‑486/15 P, EU:C:2016:912, paragraphs 130 to 132). | 26 It should, however, be added that, in order for a system of taxation of imported second-hand cars which takes into account the actual depreciation of the vehicles on the basis of general criteria to be compatible with Article 95 of the Treaty, it would have to be arranged in such a way, making allowance for the reasonable approximations inherent in any system of that type, as to exclude any discriminatory effect. | 0 |
7,430 | 39. Even though, according to their wording, the provisions of the Treaty concerning freedom of establishment are directed at ensuring that foreign nationals and companies are treated in the host Member State in the same way as nationals of that State, they also prohibit the Member State of origin from hindering the establishment in another Member State of one of its nationals or of a company incorporated under its legislation (see, inter alia, Case C‑264/96 ICI [1998] ECR I‑4695, paragraph 21; Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 31; Case C‑298/05 Columbus Container Services [2007] ECR I‑10451, paragraph 33; and Case C‑418/07 Papillon [2008] ECR I‑8947, paragraph 16). | 52. Finally, as regards the objection of inadmissibility raised against the second ground of appeal, it must be pointed out that the Council is in fact maintaining that that ground of appeal is invalid. However, the validity of a ground of appeal concerns its ability to found the appeal and does not affect its admissibility. | 0 |
7,431 | Article 29 TEU, which replaced Article 15 EU, enables the Council to adopt decisions which define the approach of the Union
to a particular matter of a geographical or thematic nature. Member States are to ensure that their national policies conform
to the Union positions. Furthermore, Article 215(2) TFEU allows the Council to adopt restrictive measures against natural
or legal persons and groups or non-State entities, namely, measures that, before the Treaty of Lisbon entered into force,
required Article 308 EC too to be included in their legal basis if their addressees were not linked to the governing regime
of a third country (see, to that effect, judgment of 3 September 2008 in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraph 216). | 67 The submission alleging incorrect assessment of the interests of the Community must therefore be rejected .
Inadequate statement of the reasons for the rejection of the undertaking offered by Gestetner | 0 |
7,432 | 18. The existence of a likelihood of confusion on the part of the public must therefore be appreciated globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, in respect of Directive 89/104 Case C‑251/95 SABEL [1997] ECR I‑6191, paragraph 22, and Case C‑425/98 Marca Mode [2000] ECR I‑4861, paragraph 40). | 22 As pointed out in paragraph 18 of this judgment, Article 4(1)(b) of the Directive does not apply where there is no likelihood of confusion on the part of the public. In that respect, it is clear from the tenth recital in the preamble to the Directive that the appreciation of the likelihood of confusion 'depends on numerous elements and, in particular, on the recognition of the trade mark on the market, of the association which can be made with the used or registered sign, of the degree of similarity between the trade mark and the sign and between the goods or services identified'. The likelihood of confusion must therefore be appreciated globally, taking into account all factors relevant to the circumstances of the case. | 1 |
7,433 | 48. As regards the freedom to provide services, it is settled case-law of the Court that Article 56 TFEU requires not only the elimination of all discrimination against providers of services on grounds of nationality or the fact that they are established in a Member State other than that where the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (see, inter alia, judgment in Konstantinides , C‑475/11, EU:C:2013:542, paragraph 44). | 28 In replying to that question it must first be stated that the abovementioned provisions merely govern the circumstances of the Turkish worker as regards employment, and make no reference to his circumstances concerning the right of residence . | 0 |
7,434 | 60. In the present case, the justification put forward by the Italian Republic relates to the need to ensure road safety, which, according to the case-law, constitutes an overriding reason relating to the public interest capable of justifying a hindrance to the free movement of goods (see, in particular, Case C‑55/93 van Schaik [1994] ECR I‑4837, paragraph 19; Case C‑314/98 Snellers [2000] ECR I‑8633, paragraph 55; Commission v Finland , paragraph 40, Commission v Netherlands , paragraph 77, Commission v Portugal , paragraph 38; and C‑170/07 Commission v Poland [2008] ECR I‑0000, paragraph 49). | 29
That said, in that respect, Article 78 of that code establishes a procedure enabling customs authorities, on their own initiative or at the request of the declarant, to amend the customs declaration after release of the goods covered by that declaration, that is to say, after that declaration has been made. | 0 |
7,435 | null | 43. Force est de constater que ladite législation, qui fait dépendre l’application d’un abattement sur la base imposable des biens transmis du lieu de résidence du défunt, ou du donateur et du bénéficiaire, aux dates respectivement susmentionnées, aboutit à ce que les successions ou les donations entre non-résidents comprenant de tels biens soient soumises à une charge fiscale plus lourde que celle qui grève celles-ci lorsque l’une au moins des parties impliquées avait sa résidence sur le territoire allemand à ces mêmes dates et, partant, a pour effet de diminuer la valeur de la succession ou de la donation (voir arrêts Mattner, EU:C:2010:216, points 27 et 28, ainsi que Welte, EU:C:2013:662, point 25). | 0 |
7,436 | 19
It follows from those considerations that the change brought about by any repackaging of a trade-marked medicinal product — creating by its very nature the risk of interference with the original condition of the product — may be prohibited by the trade mark proprietor unless the repackaging is necessary in order to enable the marketing of the products imported in parallel and the legitimate interests of the proprietor are also safeguarded (see, by analogy, judgments of 23 April 2002, Boehringer Ingelheim and Others, C‑143/00, EU:C:2002:246, paragraph 34, and of 26 April 2007, Boehringer Ingelheim and Others, C‑348/04, EU:C:2007:249, paragraph 19). | 53 Moreover, when issuing the E 101 certificate pursuant to Article 11a, the competent institution of a Member State does no more than state that the self-employed person concerned remains subject to the legislation of that Member State throughout a given period in the course of which he carries out a work assignment in the territory of another Member State. Although it should preferably be made before the beginning of the period concerned, such a statement may also be made during that period or indeed after its expiry. | 0 |
7,437 | 60 Furthermore, the Court of First Instance, in order to reject the complaints concerning breach of the provisions relating to the procedure for adoption of Regulation No 404/93, reiterated, at paragraphs 77 and 78 of the contested judgment, the grounds appearing at paragraphs 27 to 43 of the judgment in Case C-280/93 Germany v Council, and it is apparent from those paragraphs that they were in response solely to the argument that there had been a breach of the Commission's right of initiative, a failure to give reasons and lack of further consultation of the Parliament. | 50. It is also apparent from case-law that the mere fact that a resident company establishes a secondary establishment, such as a subsidiary, in another Member State cannot set up a general presumption of tax evasion and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty (see, to that effect, ICI , paragraph 26; Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 45; X and Y , paragraph 62; and Case C-334/02 Commission v France [2004] ECR I-2229, paragraph 27). | 0 |
7,438 | 35. That finding is also corroborated by the case-law of the Court of Justice on mutual assistance between the competent authorities in the area of direct taxation, which is transposable by analogy to a situation such as that in the main proceedings. According to that case-law, the mutual assistance directive may be relied on by a Member State in order to obtain from the competent authorities of another Member State all the information enabling it to ascertain the correct amount of tax. There is, however, nothing to prevent the tax authorities concerned from requiring the taxpayer himself to provide such proof as they may consider necessary in order to determine whether or not the deduction requested should be granted (see, to that effect, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 26; Case C-136/00 Danner [2002] ECR I-8147, paragraphs 49 and 50). | 27 The German Government further explains that there is a social demand for minor employment, that it considers that it should respond to that demand in the context of its social policy by fostering the existence and supply of such employment and that the only means of doing this within the structural framework of the German social security scheme is to exclude minor employment from compulsory insurance. | 0 |
7,439 | 80. It therefore follows that such an obligation is also to be complied with in the transitional period provided for in Article 4 of the NEC Directive, during which the Member States are authorised not to comply for the time being with the annual national emission quantities laid down in Annex I to that directive. It is for the national court to review whether this obligation has been complied with in the light of the provisions and measures whose legality it is called upon to examine (see, to this effect, Inter-Environnement Wallonie , paragraph 46). | 29 With regard to the alleged dispute as to jurisdiction between the United Kingdom and the Faeroe Islands, it must again be pointed out that the French Republic simply transmitted to the Commission the figures relating to catches made by French vessels "in Faeroese waters" without raising any issue as to the delimitation of Community and Faeroese waters . | 0 |
7,440 | 36. Contrary to Mr Holböck’s contention, the restrictions on capital movements involving direct investment or establishment within the meaning of Article 57(1) EC extend not only to national measures which, in their application to capital movements to or from non-member countries, restrict investment or establishment, but also to those measures which restrict payments of dividends deriving from them (see Test Claimants in the FII Group Litigation , paragraph 183). | 11. The Kingdom of Spain provided the Commission with additional information by letter of 23 July 2010. | 0 |
7,441 | 41
In that regard, it should be recalled that, in accordance with the ‘new approach to technical harmonisation and standards’ referred to in recitals 8, 16 and 20 of Directive 2007/23, that directive lays down the essential safety requirements that pyrotechnic articles must meet and which are put into effect by harmonised standards as well as national implementing standards (see, by analogy, judgment of 16 October 2014, Commission v Germany, C‑100/13, not published, EU:C:2014:2293, paragraph 51). | 208. Although Ireland states, in its rejoinder, that the powers of the competent minister, as described in the preceding paragraph of this judgment, can be used to apply immediately for injunctive relief on an interim basis, it is clear that those provisions necessarily can come into play only after the activities in question have already commenced and thus only after any deterioration has already occurred. Moreover, the competent minister is not entitled to prohibit a harmful activity unilaterally and the abovementioned powers presuppose that an appropriate assessment of the environmental impact of that activity has been carried out before any judicial relief is sought. The reactive protection of SPAs may be delayed considerably by those procedural steps. Moreover, those provisions do not ensure protection of SPAs against the activities of individuals, as such protection requires that individuals be prevented in advance from engaging in potentially harmful activities. | 0 |
7,442 | 104. In that regard, the Court observed in paragraph 19 of Daily Mail and General Trust that companies are creatures of national law and exist only by virtue of the national legislation which determines its incorporation and functioning. | 40. Article 70 of the VAT directive lays down the principle that the chargeable event occurs and the tax becomes chargeable at the moment when the goods are imported. Thus, Article 71(1) of the VAT directive provides, in particular in its first subparagraph, that, where, on entry into the European Union, goods are placed under customs warehousing arrangements, the chargeable event occurs and the tax becomes chargeable only when the goods cease to be covered by those arrangements. However, the second subparagraph of Article 71(1) covers the specific situation in which, for imported goods subject to customs duties, to agricultural levies or to charges having equivalent effect established under a common policy, the chargeable event occurs and the tax becomes chargeable when the chargeable event in respect of those duties occurs and those duties become chargeable. | 0 |
7,443 | 57. It is settled case-law that Article 54 of the CISA has the objective of ensuring that no one is prosecuted for the same acts in several Contracting States on account of the fact that he exercises his right to freedom of movement (see Joined Cases C‑187/01 and C-385/01 Gözütok and Brügge [2003] ECR I-1345, paragraph 38). | 27. It is true that the activities of two distinct plants must be the subject of a separate examination for the purposes of applying Directive 2000/76 (see, to that effect, Lahti Energia , paragraphs 24 and 25). | 0 |
7,444 | 37. The Court accordingly held, at paragraphs 30 and 31 of the judgment in Securenta , that the input VAT relating to expenditure incurred by a taxable person cannot give rise to a right to deduct in so far as it relates to activities which, in view of their non‑economic nature, do not come within the scope of the directive and that, where a taxable person simultaneously carries out economic activities, whether taxed or exempt, and non‑economic activities outside the scope of the directive, deduction of the input VAT relating to expenditure is allowed only to the extent to which that expenditure may be attributed as an output to the economic activity of the taxable person. | 31. In that connection, it should be noted that, for the purposes of identifying the court with jurisdiction in relation to contracts for the sale of goods or the provision of services, Article 5(1) of Regulation No 44/2001 identifies as a connecting factor the obligation which characterises the contract in question (see, to that effect, Case C‑533/07 Falco Privatstiftung and Rabitsch [2009] ECR I-0000, paragraph 54). | 0 |
7,445 | 17. Although the referring court does not refer directly to the fundamental rules and general principles of EU law in the order for reference, it is settled case-law that in order to provide a useful answer to a national court which has referred a question to it, the Court may deem it necessary to consider rules of EU law to which the national court has not referred in its request for a preliminary ruling (see, to that effect, judgment in Medipac — Kazantzidis , C‑6/05, EU:C:2007:337, paragraph 34). | 29. It must be recalled to begin with that, under the reverse charge regime, no VAT payment takes place between the supplier and the recipient of the services, the recipient being liable, in respect of the transactions carried out, for the input VAT, while being able, in principle, to deduct that tax so that no amount is payable to the tax authorities. | 0 |
7,446 | 10 FOLLOWING THAT EXCHANGE OF LETTERS , THE COMMISSION BROUGHT THE PRESENT ACTION ON 4 JUNE 1982 . IN ITS APPLICATION IT AGAIN QUOTED PARAGRAPH 12 OF THE ABOVE-MENTIONED JUDGMENT . IN ADDITION , IT REFERRED TO THE CORRESPONDENCE CONCERNING THE DRAFT LAW AND ARGUED THAT MERELY TO LAY A DRAFT LAW BEFORE THE NATIONAL PARLIAMENT WAS NOT SUFFICIENT TO PUT AN END TO THE INFRINGEMENT , THAT THE ITALIAN GOVERNMENT HAD NOT ADOPTED ANY MEASURE CAPABLE OF GUARANTEEING THAT ARTICLE 11 OF LAW NO 306/75 WOULD NOT BE APPLIED PENDING ITS FORMAL REPEAL AND THAT THE AMENDMENT PROPOSED IN THE DRAFT LAW WAS NOT SUCH AS TO REMOVE THE INFRINGEMENT .
| 48
Accordingly, courses provided by educational establishments financed essentially by private funds that do not come from the provider itself constitute services, since the aim of such establishments is to offer a service for remuneration (see, by analogy, judgments of 11 September 2007, Schwarz and Gootjes-Schwarz, C‑76/05, EU:C:2007:492, paragraph 40, and of 11 September 2007, Commission v Germany, C‑318/05, EU:C:2007:495, paragraph 69). | 0 |
7,447 | 29. In view of the wording of the questions referred, it should be borne in mind from the outset that in the context of Article 267 TFEU the Court has no jurisdiction to rule either on the interpretation of provisions of national laws or regulations or on their conformity with EU law (see, inter alia, Case C‑107/98 Teckal [1999] ECR I‑8121, paragraph 33, and Case C‑237/04 Enirisorse [2006] ECR I‑2843, paragraph 24 and the case-law cited). | 62. There is therefore no difference in treatment in that respect. | 0 |
7,448 | 25. It is appropriate also to note that, as regards the relationship between paragraphs 1 and 2 of Article 9 of the Sixth Directive, the Court has held that Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether that situation is covered by one of the instances mentioned in Article 9(2) of that directive. If not, it falls within the scope of Article 9(1) ( Dudda , paragraph 21; Linthorst, Pouwels en Scheres , paragraph 11; RAL (Channel Islands) and Others , paragraph 24; and Gillan Beach , paragraph 15). | 11 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1) (Dudda, paragraph 21). | 1 |
7,449 | 45. However, in accordance with the Court’s case-law, the freedom to conduct a business is not absolute, but must be viewed in relation to its social function (see, to that effect, Joined Cases C-184/02 and C-223/02 Spain and Finland v Parliament and Council [2004] ECR I-7789, paragraphs 51 and 52, and Case C-544/10 Deutsches Weintor [2012] ECR, paragraph 54 and the case-law cited). | 57
In that regard, it is important to point out that, in accordance with Article 9 of Protocol (No 36) on transitional provisions, annexed to the treaties, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon are to be preserved until those acts are repealed, annulled or amended in implementation of the treaties. Since Framework Decision 2008/909 has not been subject to any such repeal, annulment or amendment, it continues therefore to have the legal effect attributed to it under Article 34(2)(b) EU. | 0 |
7,450 | 19. In order to provide a satisfactory answer to the national court which has referred a question to it, the Court of Justice may deem it necessary to consider provisions of Community law to which the national court has not referred in its question (Case C-315/88 Bagli Pennacchiotti [1990] ECR I‑1323, paragraph 10, and Case C‑107/98 Teckal [1999] ECR I-8121, paragraph 39). | 10 However, in order to provide a satisfactory answer to a national court which has referred a question to it, the Court of Justice may deem it necessary to consider provisions of Community law to which the national court has not referred in its question ( judgment of 20 March 1986 in Case 35/85 Procureur de la République v Tissier (( 1986 )) ECR 1207 ). It is for the national court, however, to decide whether or not the rule of Community law, as interpreted by the Court of Justice pursuant to Article 177, is applicable in the case brought before it . | 1 |
7,451 | 107. As regards hospital medical services, the Court has already made the following observations in paragraphs 76 to 80 of Smits and Peerbooms . | 38. In response to those arguments, it must be pointed out, first, that the Second Directive is intended, in accordance with Article 54(3)(g) of the EC Treaty, to coordinate the safeguards which are required by Member States of companies or firms within the meaning of the second paragraph of Article 58 of the Treaty with a view to making such safeguards equivalent and protecting the interests of members and others. The Second Directive thus seeks to ensure a minimum level of protection for shareholders in all the Member States. | 0 |
7,452 | 47. Whilst it is established that EU law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at EU level, it is for the legislation of each Member State to determine the conditions for the grant of social security benefits (see Case C‑490/09 Commission v Luxembourg [2011] ECR I-0000, paragraph 32 and the case-law cited). It should also be noted that, under Article 152(5) EC, action by the European Union in the field of public health must fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care (see Watts , paragraph 146). | 67. Toutefois, il convient de relever que les mesures nationales couvertes par cette disposition doivent, en tout état de cause, contribuer à aider les femmes à mener leur vie professionnelle sur un pied d’égalité avec les hommes (voir arrêts précités Griesmar, point 64, et Commission/Italie, point 57). | 0 |
7,453 | 44 Thus, as the Court has recognized on many occasions, the specific subject-matter of a trade mark is in particular to guarantee to the owner that he has the exclusive right to use that trade mark for the purpose of putting a product on the market for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products bearing it illegally (see Hoffmann-La Roche v Centrafarm, paragraph 7; Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 7; HAG II, paragraph 14; and IHT Internationale Heiztechnik, paragraph 33). | 32 In that respect, it must be held, while pointing out that the new provision inserted into Article 5 of the 1992 regulation by the 1997 regulation does not apply to the registration procedure laid down in Article 17, that before the 1997 regulation entered into force there was no basis in the 1992 regulation for a power such as that relied upon by the French Government. Contrary to that government's assertion, it is clear from the 1997 regulation itself that, under the system introduced by the 1992 regulation, where Member States have the power to adopt decisions, even of a provisional nature, which derogate from the provisions of the regulation, that power is derived from express rules. | 0 |
7,454 | 75. That argument is ineffective, as pointed out by the Advocate General at point 27 of his Opinion, since the appellants’ reliance on the non-essential nature of wholesale products formed part of a broader argument in which the General Court was invited to apply the criteria established by the Court of Justice in Bronner (Case C‑7/97 EU:C:1998:569) in connection with a refusal to supply amounting to abuse. As is apparent from paragraphs 180 and 181 of the judgment under appeal, the abusive conduct of which the appellants stand accused, which took the form of a margin squeeze, constitutes an independent form of abuse distinct f rom that of refusal to supply, so that the criteria established in Bronner (EU:C:1998:569) were not applicable in the present case (Case C‑52/09 TeliaSonera Sverige EU:C:2011:83, paragraphs 55 to 58). | 24 The Netherlands Government maintains that the restrictive effects of that preferential system affect service undertakings established in the Netherlands other than the NOPB and undertakings established in other Member States to the same extent. | 0 |
7,455 | 20
That principle is also applicable, subject to certain conditions, where the breach at issue stems from a decision of a court adjudicating at last instance. In the light of the essential role played by the judiciary in the protection of the rights derived by individuals from rules of EU law and of the fact that a court ruling at last instance constitutes, by definition, the last instance before which those individuals can enforce the rights conferred on them by those rules, the Court considers that the full effectiveness of those rules would be called in question and the protection of those rights would be weakened if individuals were precluded from being able, under certain conditions, to obtain reparation when their rights are affected by a breach of EU law attributable to a decision of a court of a Member State adjudicating at last instance (see, to that effect, judgments of 30 September 2003 in Köbler, C‑224/01,EU:C:2003:513, paragraphs 32 to 36 and 59; of 13 June 2006 in Traghetti del Mediterraneo, C‑173/03, EU:C:2006:391, paragraph 31, and of 9 September 2015 in Ferreira da Silva e Brito and Others, C‑160/14, EU:C:2015:565, paragraph 47). | 40. As the Advocate General pointed out in point 44 of her Opinion, the parents’ intention to settle permanently with the child in another Member State, manifested by certain tangible steps such as the purchase or lease of a residence in the host Member State, may constitute an indicator of the transfer of the habitual residence. Another indicator may be constituted by lodging an application for social housing with the relevant services of that State. | 0 |
7,456 | 42 It must be stated at the outset that, although the Spanish Government alleges that the contested regulation adversely affects the legitimate expectations of the Member States as well, in all essential respects its arguments refer to breach of the legitimate expectations of the traders concerned. Nevertheless, despite the doubts expressed by the Council, there is nothing to prevent a Member State from claiming in an action for annulment that an act of the institutions frustrates the legitimate expectations of particular individuals (see, in this respect, Case 278/84 Germany v Commission [1987] ECR 1, paragraphs 34 to 36; Case 203/86 Spain v Council [1988] ECR 4563, paragraphs 17 to 20, and Case C-169/95 Spain v Council [1997] ECR I-135, paragraphs 49 to 54). | 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 |
7,457 | 45
In that regard, it is appropriate to recall, in the first place, that Member States, when exercising their powers to choose the appropriate penalties in the transposition of a directive, must observe the principle of legal certainty. EU legislation must be certain and its application foreseeable by those subject to it and that requirement of legal certainty must be observed all the more strictly in the case of rules liable to entail financial consequences, in order that those concerned may know precisely the extent of the obligations which those rules impose on them (judgment of 16 September 2008 in Isle of Wight Council and Others, C‑288/07, EU:C:2008:505, paragraph 47 and the case-law cited). | 28 It follows that compensation for unfair dismissal is paid to the employee by reason of his employment, which would have continued but for the unfair dismissal. That compensation therefore falls within the definition of pay for the purposes of Article 119 of the Treaty. | 0 |
7,458 | 25. A Turkish worker is excluded from the labour force only if objectively he no longer has any chance of rejoining the labour force or has exceeded a reasonable time-limit for finding new employment after the end of the period of inactivity (see, to that effect, Case C-340/97 Nazli [2000] ECR I-957, paragraph 44, and Dogan , paragraph 23). | 44 Except where the person concerned has definitively ceased to be duly registered as belonging to the labour force of the host Member State or has exceeded a reasonable time-limit for entering into a new employment relationship after a temporary period without work, the national authorities are unable to restrict the rights which Decision No 1/80 confers directly on Turkish workers already duly integrated in the host Member State save, where appropriate, on the basis of Article 14(1) of that decision, whose interpretation is the subject of the second question referred for a preliminary ruling. | 1 |
7,459 | 24. Moreover, it follows from the case-law of the Court that the concept of supply of goods does not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party actually to dispose of it as if he were its owner (see, to that effect, Case C‑320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I‑285, paragraphs 7 and 8; Case C‑291/92 Armbrecht [1995] ECR I‑2775, paragraphs 13 and 14; Case C‑185/01 Auto Lease Holland [2003] ECR I‑1317, paragraphs 32 and 33; and Aktiebolaget NN , paragraph 32 and case-law cited). | 32. As the Court found in paragraphs 7 and 8 of Shipping and Forwarding Enterprise Safe , it is clear from the wording of that provision that "supply of goods" does not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party actually to dispose of it as if he were the owner of the property. The purpose of the Sixth Directive might be jeopardised if the preconditions for a supply of goods ─ which is one of the three taxable transactions ─ varied from one Member State to another, as do the conditions governing the transfer of ownership under civil law. | 1 |
7,460 | 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). | 66. That interpretation is, moreover, borne out by the objective and overall scheme of Directive 93/13. | 0 |
7,461 | 72
As regards safeguarding the interests of the national economy, it is settled case-law that purely economic grounds, such as, in particular, promotion of the national economy or its proper functioning, cannot serve as justification for obstacles prohibited by the Treaty (see to that effect, in particular, judgments of 5 June 1997, SETTG , C‑398/95, EU:C:1997:282, paragraphs 22 and 23; of 6 June 2000, Verkooijen , C‑35/98, EU:C:2000:294, paragraphs 47 and 48; and of 4 June 2002, Commission v Portugal , C‑367/98, EU:C:2002:326, paragraph 52 and the case-law cited). | 125. Enfin, quant à l’argument selon lequel le Tribunal aurait retenu une approche excessivement formaliste, au point 271 de l’arrêt attaqué, il suffit de constater que ce point constitue un motif surabondant dans le raisonnement du Tribunal. Or, selon une jurisprudence constante, les arguments dirigés contre des motifs surabondants d’une décision du Tribunal ne sauraient entraîner l’annulation de cette décision et sont donc inopérants (arrêt Commission/IPK International, C‑336/13 P, EU:C:2015:83, point 33 et jurisprudence citée). | 0 |
7,462 | 23. The right of any individual to claim compensation for such a loss actually strengthens the working of the European Union competition rules, since it discourages agreements or practices, frequently covert, which are liable to restrict or distort competition, thereby making a significant contribution to the maintenance of effective competition in the European Union ( Courage and Crehan EU:C:2001:465, paragraph 27; Manfredi and Others EU:C:2006:461, paragraph 91; Pfleiderer EU:C:2011:389, paragraph 29; Otis and Others EU:C:2012:684, paragraph 42; and Donau Chemie and Others EU:C:2013:366, paragraph 23). | 92. By contrast, other circumstances relied on in support of an application for repayment or remission of import duty, such as inadequate monitoring by the Commission of the proper implementation of the Association Agreement, may constitute such a special situation. | 0 |
7,463 | 33 Articles 85 and 86 of the Treaty apply only to anti-competitive conduct engaged in by undertakings on their own initiative (see to that effect, as regards Article 86 of the Treaty, Case 41/83 Italy v Commission [1985] ECR 873, paragraphs 18 to 20; Case C-202/88 France v Commission - the so-called `telecommunications terminals' judgment - [1991] ECR I-1223, paragraph 55; and Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 20). If anti-competitive conduct is required of undertakings by national legislation or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, Articles 85 and 86 do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings (see also Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 72, and more particularly paragraphs 65, 66, 71 and 72). | 54 FINALLY THE COMMISSION HAS NOT REFUTED CERTAIN STATEMENTS, WHICH ERIDANIA PRODUCED, PARTLY AS EVIDENCE UPON WHICH IT RELIES, NAMELY, ON THE ONE HAND, THAT THE ITALIAN GOVERNMENT NEVER CONCEALED THE FACT THAT IT ALWAYS 'WANTED AND REQUESTED' ITALIAN PRODUCERS 'TO TAKE PART IN AND PROCEED ... TO IMPORT THE REQUISITE QUANTITIES OF SUGAR TO MAKE GOOD THE AMOUNT BY WHICH NATIONAL PRODUCTION FALLS SHORT OF DEMAND' AND TO DO SO 'IN A RATIONALIZED WAY' THAT IS TO SAY BY CONCERTED ACTION, AND, ON THE OTHER HAND, THAT THE SAID GOVERNMENT 'ALWAYS PURSUED THE FUNDAMENTAL OBJECTIVE OF A UNIFORM PRICE FOR SUGAR ... BOTH FOR CONSUMPTION AS FOOD AND FOR THE SUGAR PROCESSING INDUSTRY' ( REPLY IN CASE 114/73, P . 57, 78 TO 79; CF . ALSO THE APPLICATION IN THIS CASE, P . 25 ). | 1 |
7,464 | 32. In fact, whereas, through the mechanism of the deduction of tax laid down by Articles 17 to 20 of the Sixth Directive, VAT taxes only the final consumer and is completely neutral as regards the taxable persons involved in the production and distribution process prior to the stage of final taxation, regardless of the number of transactions involved (Case C‑317/94 Elida Gibbs [1996] ECR I-5339, paragraphs 19, 22 and 23, and Case C‑427/98 Commission v Germany [2002] ECR I-8315, paragraph 29), that is not the case with IRAP. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,465 | 27. It should be noted as a preliminary point that the need for uniform application of Community law and the principle of equality require that where provisions of Community law make no express reference to the law of the Member States for the purpose of determining their meaning and scope, as is the case with Article 2 of Directive 2001/29, they must normally be given an autonomous and uniform interpretation throughout the Community (see, in particular, Case C‑245/00 SENA [2003] ECR I‑1251, paragraph 23, and Case C-306/05 SGAE [2006] ECR I‑11519, paragraph 31). | 55
In the light of the foregoing, it must be found that the complaint alleging an infringement of the provisions of Article 13(1) of, in conjunction with Annex XI to, Directive 2008/50 is admissible for the period from 2007 to 2014 inclusive. | 0 |
7,466 | 105. À cet égard, il importe de rappeler qu’une telle dénaturation doit apparaître de façon manifeste des pièces du dossier, sans qu’il soit nécessaire de procéder à une nouvelle appréciation des faits et des preuves (arrêts du 22 décembre 2008, British Aggregates/Commission, C‑487/06 P, Rec. p. I‑10515, point 98, et du 10 février 2011, Activision Blizzard Germany/Commission, C‑260/09 P, non encore publié au Recueil, point 53 ainsi que jurisprudence citée). | 44. However, by using the concept of ‘disability’ in Article 1 of that directive, the legislature deliberately chose a term which differs from ‘sickness’. The two concepts cannot therefore simply be treated as being the same. | 0 |
7,467 | 27. Second, the protection of public health is one of the overriding reasons in the general interest which can justify restrictions on the freedoms of movement guaranteed by the Treaty such as the freedom of establishment (see, inter alia, Hartlauer , paragraph 46). | 39. According to settled case-law, the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (see, inter alia, Case C-5/08 Infopaq International [2009] ECR I-6569, paragraph 27; Case C-34/10 Brüstle [2011] ECR I-9821, paragraph 25; and judgment of 26 April 2012 in Case C-510/10 DR and TV2 Danmark , paragraph 33). | 0 |
7,468 | 52. However, natural or legal persons may claim that a contested provision is of individual concern to them only if it affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons ( Belgium and Forum 187 v Commission , paragraph 59). | 47
Reading those two provisions together indicates that, on the one hand, where an adjustment proves to be necessary because of the change in one of the factors used to determine the amount to be deducted, the amount of that adjustment must be calculated in such a way that the final amount to be deducted corresponds to that to which the taxable person would have been entitled if that change had been initially taken into account. On the other hand, the calculation of that amount entails taking into account the same factors as those initially taken into consideration, with the exception of the factor that has been changed. | 0 |
7,469 | 16. According to settled case-law, the exemptions provided for in Article 13 of the Sixth Directive have their own independent meaning in Community law and must therefore be given a Community definition (see Case C‑358/97 Commission v Ireland [2000] ECR I‑6301, paragraph 51; Case C‑315/00 Maierhofer [2003] ECR I‑563, paragraph 25; Case C‑275/01 Sinclair Collis [2003] ECR I‑5965, paragraph 22; Case C‑284/03 Temco Europe [2004] ECR I‑11237, paragraph 16; Case C‑428/02 Fonden Marselisborg Lystbådehavn [2005] ECR I‑1527, paragraph 27; and Case C‑455/05 Velvet & Steel Immobilien [2007] ECR I‑0000, paragraph 15). | 23. Il y a lieu, toutefois, de relever que cette disposition, qui concerne les données qui n’ont pas été collectées auprès de la personne concernée, prévoit une information de celle-ci non pas au moment où les données sont collectées, mais à un stade ultérieur. En revanche, l’article 10 de la directive 95/46, qui a trait à la collecte de données auprès de la personne concernée, prévoit l’information de cette personne au moment de la collecte des données (voir, en ce sens, arrêt du 7 mai 2009, Rijkeboer, C‑553/07, Rec. p. I‑3889, point 68). Le caractère immédiat de l’information de la personne concernée ressort donc non pas de l’article 11 de la directive 95/46 mentionné par la juridiction de renvoi, mais de cet article 10. | 0 |
7,470 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 13 That requirement cannot, however, go so far as to make it necessary that in every event the national provisions mentioned in the reasoned opinion and in the application should be completely identical. Where a change in the legislation occurred between those two phases in the procedure, it is sufficient that the system established by the legislation contested in the pre-litigation procedure has as a whole been maintained by the new measures which were adopted by the Member State after the issue of the reasoned opinion and have been challenged in the application (see the judgments in Case 45/64 Commission v Italy [1965] ECR 857 and in Case C-42/89 Commission v Belgium [1990] ECR I-2821). | 0 |
7,471 | 46. It is true that, when ruling in the context of a reference for a preliminary ruling, the Court of Justice may not rule on the interpretation of national laws or regulations (Case 32/76 Saieva [1976] ECR 1523, paragraph 7; Joined Cases 91/83 and 127/83 Heineken Brouwerijen [1984] ECR 3435, paragraph 10; and Joined Cases C‑92/92 and C‑326/92 Phil Collins and Others [1993] ECR I‑5145, paragraph 13). | 50. The use of a sign identical with a trade mark constitutes use in the course of trade where it occurs in the context of commercial activity with a view to economic advantage and not as a private matter (Case C‑206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 40; Céline , paragraph 17; and UDV North America , paragraph 44). | 0 |
7,472 | 48. Moreover, the legislative framework adopted at EU level in certain sectors such as those of energy and telecommunications leaves the Member States broad discretion to adopt, in compliance with the Treaty and, in particular, the principle of proportionality, provisions on public service obligations imposed on undertakings which are less restrictive of the fundamental freedoms (see, to that effect, judgment in Case C‑207/07 Commission v Spain , paragraphs 43 to 45). | 36 AS REGARDS THE LAW APPLICABLE FOR THIS PURPOSE , IT MUST BE OBSERVED THAT IN REFERRING TO NATIONAL LAW AS REGARDS THE RECOVERY , OF AIDS UNDULY PAID ARTICLE 8 ( 1 ) OF REGULATION NO 729/70 MAKES NO DISTINCTION BETWEEN THE SUBSTANTIVE CONDITIONS FOR THEIR RECOVERY AND THE RULES OF PROCEDURE AND FORM WHICH MUST BE FOLLOWED IN RECOVERING THEM . THOSE CONDITIONS AND RULES , INCLUDING THOSE ALLOCATING THE BURDEN OF PROOF , ARE THEREFORE ALL DETERMINED BY NATIONAL LAW , SUBJECT TO THE RESTRICTIONS REFERRED TO ABOVE WHICH MAY DERIVE FROM COMMUNITY LAW IN THIS REGARD . THE INFORMATION GIVEN IN THE ORDERS FOR REFERENCE AS TO THE EXACT TERMS OF THE RELEVANT RULES OF NATIONAL LAW DOES NOT ENABLE THE COURT TO FORMULATE ANY FURTHER GUIDELINES FOR THE INTERPRETATION OF COMMUNITY LAW IN THIS REGARD .
| 0 |
7,473 | 71. La Commission rappelle, en outre, que, dans une autre affaire, la République italienne n’a pas exécuté un arrêt de la Cour constatant le non-recouvrement d’aides jugées illégales par une décision de la Commission (arrêt Commission/Italie, C-496/09, EU:C:2011:740). De surcroît, dans de nombreuses autres affaires encore, la Cour aurait constaté que cet État membre a manqué à son obligation d’exécution immédiate et efficace de décisions de la Commission imposant la récupération d’aides illégales. La Commission souligne donc le risque de voir ce genre de situation se reproduire à nouveau. | 48. Therefore, the answer to the first question must be that a natural or legal person such as Roquette, in factual and legal circumstances such as those of the main proceedings, could not undoubtedly have brought an admissible action, on the basis of Article 230 EC, to annul the contested provisions. Therefore, such a person may, in proceedings brought under national law, plead the illegality of those provisions, even though it has not brought an action for annulment of those provisions before the Community Courts within the time‑limit laid down in Article 230 EC.
The second question | 0 |
7,474 | 51. The Treaty provisions on freedom of movement for persons are intended to facilitate the pursuit by citizens of the European Union of occupational activities of all kinds throughout the European Union and they preclude measures which might place those citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (see Case C-152/05 Commission v Germany , paragraph 21; Commission v Greece , paragraph 43; and Commission v Hungary , paragraph 46). | 29 IT MUST THEREFORE BE CONCLUDED FROM THE FOREGOING THAT , ALTHOUGH THE NETHERLANDS LEGISLATION GIVES THE TOBACCO MANUFACTURER LESS SCOPE FOR PRICE COMPETITION , IT DOES LEAVE HIM THE MEANS OF CREATING A PRICE DIFFERENCE BETWEEN HIS PRODUCTS AND THOSE OF HIS COMPETITORS , BY REDUCING HIS PRICES OR BY HOLDING THEM AT THE SAME LEVEL WHILE OTHER MANUFACTURERS INCREASE THEIRS .
| 0 |
7,475 | 57. Admittedly, the employment criterion cannot be regarded as exclusive, since pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune , paragraph 44, Evrenopoulos , paragraph 20, Griesmar , paragraph 29, and Niemi , paragraph 46). Such pensions do not constitute "pay" for the purposes of Article 119 of the Treaty or Article 141 EC (see, to that effect, Beune , paragraphs 24 and 44, Griesmar , paragraph 27, and Niemi , paragraph 39). | 52. The factors to be taken into account include, in particular, all the places in which the debtor company pursues economic activities and all those in which it holds assets, in so far as those places are ascertainable by third parties. As the Advocate General observed at point 70 of her Opinion, those factors must be assessed in a comprehensive manner, account being taken of the individual circumstances of each particular case. | 0 |
7,476 | 27. Next, the Court observes that the second sentence of Article 3(2) of Regulation No 1610/96 must be interpreted not solely on the basis of its wording, but also in the light of the overall scheme and objectives of the system of which it is a part (see, by analogy, Case C‑292/00 Davidoff [2003] ECR I‑389, paragraph 24). | 49. Designations of origin fall within the scope of industrial and commercial property rights. The applicable rules protect those entitled to use them against improper use of those designations by third parties seeking to profit from the reputation which they have acquired. They are intended to guarantee that the product bearing them comes from a specified geographical area and displays certain particular characteristics. They may enjoy a high reputation amongst consumers and constitute for producers who fulfil the conditions for using them an essential means of attracting custom. The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product. It is on the latter, ultimately, that the product's reputation is based (see Belgium v Spain , paragraphs 54 to 56). For consumers, the link between the reputation of the producers and the quality of the products also depends on his being assured that products sold under the designation are authentic. | 0 |
7,477 | 32. Each Member State is best placed to identify, in the light of historical, legal, economic or social considerations specific to it, situations propitious to conduct liable to bring about breaches of those principles (see Michaniki , paragraph 56). | 41. Although the Court ruled, in the judgment in Commission v Tomkins (C‑286/11 P, EU:C:2013:29), only on the possibility, in connection with an application brought by a parent company whose liability is derived entirely from that of its subsidiary, of having regard to the outcome of the subsidiary’s application, it nevertheless follows from the case-law of the Court, in particular from the judgment in Areva and Others v Commission (C‑247/11 P and C‑253/11 P, EU:C:2014:257, paragraphs 136 to 138), that where the procedural requirements set out in the previous paragraphs are satisfied, a parent company whose liability is entirely derivative from that of its subsidiary must, in principle, benefit from any reduction in the liability of its subsidiary which had been imputed to it. | 0 |
7,478 | 26. It should be stated from the outset in this connection that, in accordance with the case-law of the Court, the term ‘establishment’, which is not defined in Directive 98/59, is a term of EU law and cannot be defined by reference to the laws of the Member States (see, to that effect, judgment in Rockfon , C‑449/93, EU:C:1995:420, paragraph 25). It must, on that basis, be interpreted in an autonomous and uniform manner in the EU legal order (see, to that effect, judgment in Athinaïki Chartopoiïa , C‑270/05, EU:C:2007:101, paragraph 23). | 49. Second, no reason of principle related to the nature of the proceedings under way before the Board of Appeal or to the jurisdiction of that department precludes it, for the purpose of giving judgment on the appeal before it, from taking into account facts and evidence produced for the first time at the appeal stage. | 0 |
7,479 | 18
For want of any definition at all in Directive 2006/112 of the concept of ‘sport’, the meaning and scope of that term must, as the Court has consistently held, be determined by considering its usual meaning in everyday language, while also taking into account the context in which it is used and the purposes of the rules of which it is part (see, to that effect, judgments of 3 September 2014, Deckmyn and Vrijheidsfonds, C‑201/13, EU:C:2014:2132, paragraph 19 and the case-law cited, and of 26 May 2016, Envirotec Denmark, C‑550/14, EU:C:2016:354, paragraph 27). | 21 IN THE LIGTH OF ALL THOSE FACTORS , THE CONCLUSION MUST THEREFORE BE DRAWN THAT IT DOES NOT APPEAR THAT THE COMMISSION , IN ASSESSING THE STATE OF THE MARKET , COMMITTED ANY SERIOUS AND MANIFEST ERROR SUCH AS MIGHT INVALIDATE REGULATION NO 3429/80 . | 0 |
7,480 | 41. However, the Court of Justice, which is called on to provide an answer of use to the national court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment in the particular case before it (see Case C-438/05 International Transport Workers’ Federation and Finnish Seamen’s Union [2007] ECR I-10779, paragraph 85, and Case C-73/08 Bressol and Others [2010] ECR I-0000, paragraph 65). | 19 FURTHER THE HIRING UNDERTAKING IS INDEBTED NOT TO THE WORKER BUT ONLY TO HIS EMPLOYER . | 0 |
7,481 | 23 As the Court has already held ( see judgment in United Kingdom v Council, cited above, paragraphs 21 and 22 ) with regard to Council Directive 85/649, mentioned above, which was identical to the directive at issue in these proceedings, in regulating conditions for the production and marketing of meat with a view to improving its quality, the directive comes into the category of measures provided for by the common organizations of the markets in meat and thus contributes to the achievement of the objectives of the common agricultural policy set out in Article 39 of the Treaty, and the Council therefore had the power to adopt it on the basis of Article 43 of the Treaty alone . | 194 As regards an administrative procedure relating to competition law, the Court of First Instance has exclusive jurisdiction to establish and assess the relevant facts except where those facts are clearly distorted and then, subject to review by the Court of Justice, to define their legal nature with regard to observance of the principle that decisions should be adopted within a reasonable time (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 49). | 0 |
7,482 | 78. If the amount of the reimbursement of the expenses incurred for hospital treatment provided in a Member State other than that of residence, resulting from the rules in force in that State, is less than that which would have resulted from application of the legislation in force in the Member State of residence if hospital treatment had been provided there, pursuant to Article 49 EC, as interpreted by the Court, complementary reimbursement corresponding to the difference between those two amounts must, in addition, be made by the competent institution (see, to that effect, Vanbraekel and Others , paragraphs 38 to 52, and Commission v Spain , paragraphs 56 and 57). | 38. Likewise, by referring to Articles 12(2) and 13(2) of Directive 2004/38, Article 18 of that directive defines the right of permanent residence which it establishes, since, first, that right of residence is available only to the family members of a Union citizen who are not nationals of a Member State and whose right of residence is retained in the event of the death of that citizen or in the event of divorce, annulment of marriage or termination of a registered partnership and, secondly, that right of residence is subject to the condition that the persons concerned can themselves demonstrate, before acquiring a right of permanent residence, that they satisfy the same conditions as those specified in Article 7(1)(a),(b) or (d) of Directive 2004/38. | 0 |
7,483 | 179. In those circumstances, the economic and legal context of the coordination concerned includes, as the appellants, RBS and LBG maintain, the two-sided nature of MasterCard’s open payment system, particularly since it is undisputed that there is interaction between the two sides of that system (see, by analogy, judgments in Delimitis , EU:C:1991:91, paragraphs 17 to 23, and Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 42). | 32 It follows from the foregoing that an official may not, by means of an action for damages, seek to obtain the same result as he would have obtained had he been successful in an action for annulment which he failed to commence in due time . | 0 |
7,484 | 26. As regards the second condition, the decisive test for finding that a breach of Community law is sufficiently serious is whether the Community institution concerned manifestly and gravely disregarded the limits on its discretion. Where that institution has only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach (see, inter alia , Bergaderm and Goupil , paragraphs 43 and 44, and Commission v Camar and Tico , paragraph 54). | 6 IN THE REPORT SUBMITTED TO THE NATIONAL GOVERNMENTS AT THE SAME TIME AS THE DRAFT CONVENTION ( OFFICIAL JOURNAL 1979 , C 59 , P . 1 ) THAT EXTENSION TO THE CRIMINAL FIELD IS JUSTIFIED BY REFERENCE TO THE CONSEQUENCES WHICH A JUDGMENT OF A CRIMINAL COURT MAY ENTAIL IN CIVIL AND COMMERCIAL MATTERS IF THOSE CONSEQUENCES THEMSELVES COME WITHIN THE AMBIT OF THE CONVENTION .
| 0 |
7,485 | 9 That article requires the abolition of restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State. It is settled case-law that that is a directly applicable rule of Community law. Member States were therefore under the obligation to observe that rule even though, in the absence of Community legislation on social security for self-employed persons, they retained competence to legislate in this field (Stanton, paragraph 10). | 25 As to the question of whether a court seised of a dispute concerning a contract between a seller or supplier and a consumer may determine of its own motion whether a term of the contract is unfair, it should be noted that the system of protection introduced by the Directive is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge. This leads to the consumer agreeing to terms drawn up in advance by the seller or supplier without being able to influence the content of the terms. | 0 |
7,486 | 26 The effect of national rules such as those at issue in the main proceedings is to weaken the link between the debt to be secured, payable in the currency of another Member State, and the mortgage, whose value may, as a result of subsequent currency exchange fluctuations, come to be lower than that of the debt to be secured. This can only reduce the effectiveness of such a security, and thus its attractiveness. Consequently, those rules are liable to dissuade the parties concerned from denominating a debt in the currency of another Member State, and may thus deprive them of a right which constitutes a component element of the free movement of capital and payments (see, in relation to Article 106(1) of the EEC Treaty, Joined Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro [1984] ECR 377, paragraph 28, and Case 308/86 Lambert [1988] ECR 4369, paragraph 16). | 43. Contrary to the applicant’s submission, the Court of First Instance was fully entitled to reject as inadmissible the disputed arguments on this second ground. The applicant does not have the power to alter before the Court of First Instance the terms of the dispute, as delimited in the respective claims and allegations it and the party opposing the trade mark application have submitted (see, to that effect, Case C‑106/03 P Vedial v OHIM [2004] ECR I‑9573, paragraph 26, and KWS Saat v OHIM , paragraph 58). | 0 |
7,487 | 21. Such a system of strict protection must therefore enable the effective avoidance of deterioration or destruction of breeding sites or resting places of the animal species listed in Annex IV(a) to the Habitats Directive (see, to that effect, Case C‑103/00 Commission v Greece [2002] ECR I‑1147, paragraph 39). | 29 In fact, it has been clear since the judgment in Bilka that any discrimination, based on sex, in the recognition of that right infringes Article 119 (Vroege, cited above, paragraph 29, Fisscher, paragraph 26, and Dietz, paragraph 20). | 0 |
7,488 | 19. It follows from the case-law of the Court that a reply in favour of the first approach outlined in the question referred for a preliminary ruling may be given only if there is a direct link between the service rendered and the consideration received, the sums paid constituting genuine consideration for an identifiable service supplied in the context of a legal relationship in which performance is reciprocal (see, to that effect, Case 102/86 Apple and Pear Development Council [1988] ECR 1443, paragraphs 11, 12 and 16; Case C‑16/93 Tolsma [1994] ECR I‑743, paragraph 14; Case C‑174/00 Kennemer Golf [2002] ECR I‑3293, paragraph 39; and Case C‑210/04 FCE Bank [2006] ECR I‑2803, paragraph 34). | 49 Suffice it to say, in any event, that the Court held in Case 22/77 Fonds National de Retraite des Ouvriers Mineurs v Mura [1977] 1699, paragraphs 9 and 10, on the one hand, that if the application of Community provisions causes migrant workers to obtain an advantage over non-migrant workers, this is not, for all that, discriminatory, since migrant workers are not in a situation comparable to that of workers who have never left their own country and, on the other hand, that any differences which may exist to the benefit of migrant workers do not result from the interpretation of Community law but rather from the lack of any common social security system or of any harmonization of the existing national schemes, which cannot be mitigated by the mere coordination at present practised. | 0 |
7,489 | 97
The Court has also held that the question whether there is an infringement of the rights of the defence, including the right of access to the file, must be examined in relation to the specific circumstances of each case, including the nature of the act at issue, the context of its adoption and the legal rules governing the matter in question (see judgments of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 102, and of 10 September 2013, G. and R., C‑383/13 PPU, EU:C:2013:533, paragraphs 32 and 34). | 19 Thus, that system allows goods imported from non-member countries to escape customs duties if they undergo certain working or processing operations in the Community and are then re-exported as compensating products outside the Community. | 0 |
7,490 | 56. The Court has already held that the provisions of the Directive are necessarily relatively general since it has to be applied to a large number of very different situations and that the Directive includes rules with a degree of flexibility, in many instances leaving to the Member States the task of deciding the details or choosing between options (see Lindqvist , paragraph 83). Thus, the Court has recognised that, in many respects, the Member States have some freedom of action in implementing the Directive (see Lindqvist , paragraph 84). That freedom, which becomes apparent with regard to the transposition of Article 12(a) of the Directive, is not, however, unlimited. | 83. As regards Directive 95/46 itself, its provisions are necessarily relatively general since it has to be applied to a large number of very different situations. Contrary to Mrs Lindqvist ' s contentions, the directive quite properly includes rules with a degree of flexibility and, in many instances, leaves to the Member States the task of deciding the details or choosing between options. | 1 |
7,491 | 25. En l’occurrence, il ressort du dossier soumis à la Cour que l’objectif poursuivi par la loi régionale en cause est, afin de faciliter l’accès au marché du travail des jeunes diplômés n’ayant jamais travaillé ou ayant perdu leur emploi, de s’assurer que la formation de troisième cycle universitaire dont l’accès leur est facilité par l’octroi d’une bourse soit d’un haut niveau. Il ne saurait être contesté que soumettre ainsi le financement d’une formation de troisième cycle à une condition visant à garantir la qualité de cette formation répond à une raison impérieuse d’intérêt général. L’objectif d’assurer un haut niveau des formations universitaires apparaît légitime pour justifier des restrictions aux libertés fondamentales (voir, en ce sens, arrêt du 13 novembre 2003, Neri, C‑153/02, Rec. p. I‑13555, point 46). | 29 Next, the time-limit at issue is applicable not solely to a particular kind of charge which has previously been declared incompatible with Community law but to a whole range of internal charges and taxes for which the legislation has standardised the rules on time-limits and limitation periods. | 0 |
7,492 | 19. In that regard, the Court has already held that Article 7(1) of Directive 2003/88 does not preclude, as a rule, national legislation which lays down conditions for the exercise of the right to paid annual leave expressly conferred by the directive, including even the loss of that right at the end of a leave year or of a carry-over period, provided, however, that the worker who has lost his right to paid annual leave has actually had the opportunity to exercise that right. Thus, the right to paid annual leave is not extinguished at the end of the reference period laid down by national law where the worker was on sick leave for the whole or part of the leave year and has not actually had the opportunity to exercise that right (see Joined Cases C‑350/06 and C‑520/06 Schultz-Hoff and Others [2009] ECR I‑0000, paragraphs 43 and 55). | 116. For those purposes, the Commission’s suggestions cannot bind the Court and merely constitute a useful point of reference. Similarly, guidelines such as those contained in the communications of the Commission are not binding on the Court but contribute to ensuring that the Commission’s actions are transparent, foreseeable and consistent with legal certainty (see Case C-70/06 Commission v Portugal [2008] ECR I-1, paragraph 34, and Case C-369/07 Commission v Greece , paragraph 112). | 0 |
7,493 | 38. In that regard, it is sufficient to note that the reservations contained in Articles 39 EC and 46 EC permit Member States to adopt, with respect to nationals of other Member States, and in particular on grounds of public policy, measures which they cannot apply to their own nationals, inasmuch as they have no authority to expel the latter from the territory or to deny them access thereto (Case 41/74 van Duyn [1974] ECR 1337, paragraphs 22 and 23; Joined Cases 115/81 and 116/81 Adoui and Cornualille [1982] ECR 1665, paragraph 7; Calfa , paragraph 20; and Case C‑100/01 Oteiza Olazabal [2002] ECR I‑10981, paragraph 40). | 21QUE , D ' UNE PART , L ' EXCEPTION PREVUE A L ' ARTICLE 184 DU TRAITE EST LIMITEE , AUX TERMES DE CETTE DISPOSITION , AUX LITIGES ' METTANT EN CAUSE UN REGLEMENT DU CONSEIL OU DE LA COMMISSION ' ET NE SAURAIT ETRE INVOQUEE EN AUCUN CAS PAR L ' ETAT MEMBRE QUI A ETE DESTINATAIRE D ' UNE DECISION INDIVIDUELLE ; | 0 |
7,494 | 51 According to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the national court to define the factual and legal context of the questions it is asking or, at the very least, to explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as competition, where the factual and legal issues are often complex (see, in particular, Joined Cases C-320/90, C-321/90 and C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraphs 6 and 7, Case C-284/95 Safety High-Tech v S. & T. [1998] ECR I-4301, paragraphs 69 and 70, Case C-341/95 Bettati [1998] ECR I-4355, paragraphs 67 and 68, Case C-67/96 Albany [1999] ECR I-5751, paragraph 39, and Joined Cases C-115/97, C-116/97 and C-117/97 Brentjens' [1999] ECR I-6025, paragraph 38). | 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 |
7,495 | 26 The same holds true as regards the significance of the presentation of a product for the determination of its classification under the CN. Although, according to the Court's case-law, such a factor is an indication that the products in question are to be treated as medicinal products within the meaning of Directive 65/65 (see, to that effect, the LTM judgment, cited above, paragraph 27), the decisive criterion for the tariff classification of goods according to the CN must, as pointed out in paragraph 16 of this judgment, in general be sought in their objective characteristics and properties as defined in the wording of the CN heading. | 41. À titre liminaire, il convient de constater que, ainsi que l’ont relevé les gouvernements polonais, portugais et du Royaume-Uni, il est un principe central du système de la TVA que le droit à déduction de la TVA grevant l’acquisition de biens ou de services en amont présuppose que les dépenses effectuées pour acquérir ceux-ci font partie des éléments constitutifs du prix des opérations taxées en aval ouvrant droit à déduction. | 0 |
7,496 | 17. The test for determining whether an advertisement is comparative in nature is thus whether it identifies, explicitly or by implication, a competitor of the advertiser or goods or services which the competitor offers ( Toshiba Europe , paragraph 29). | 34. As the referring court points out, it is for it to assess the facts which are placed before it and to determine whether action constituting an abusive practice has taken place in the case before it. The Court, when giving a preliminary ruling, may however provide clarification designed to give the referring court guidance in its interpretation (see inter alia, to this effect, judgments in Halifax and Others , C‑255/02, EU:C:2006:121, paragraphs 76 and 77, and Part Service , C‑425/06, EU:C:2008:108, paragraphs 54 to 56). | 0 |
7,497 | 27 Finally, account should be taken of the fact that permission to use a golf course will normally be restricted as regards the purpose for which it is used and the period of its use. According to the case-law of the Court, the period of enjoyment of immovable property is an essential element of a lease (judgments cited above in Commission v Ireland, paragraph 56, and Commission v United Kingdom, paragraph 68). | 95. However, as stated at paragraph 69 of the present judgment, the Commission is bound, first, by the guidelines and notices that it issues in the area of supervision of State aid where they do not depart from the rules in the Treaty and are accepted by the Member States. Secondly, under Article 253 EC, the Commission must give reasons for its decisions, including decisions refusing to declare aid compatible with the common market under Article 92(3)(c) of the Treaty (Spain v Commission , paragraph 76). | 0 |
7,498 | 53. However, it must be pointed out that the substantive rules of Regulation No 4064/89, in particular Article 2, confer on the Commission a certain discretion, especially with respect to assessments of an economic nature, and that, consequently, review by the Community judicature of the exercise of that discretion, which is essential for defining the rules on concentrations, must take account of the discretionary margin implicit in the provisions of an economic nature which form part of the rules on concentrations (Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-1375, paragraphs 223 and 224, and Case C-12/03 P Commission v Tetra Laval [2005] ECR I-987, paragraph 38). | 66. It follows that the criterion relating to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of European Union citizen status refers to situations in which the Union citizen has, in fact, to leave not only the territory of the Member State of which he is a national but also the territory of the Union as a whole. | 0 |
7,499 | 40. At points 59 to 63 of his Opinion, the Advocate General highlighted some of the essential functions which may be attributed to a State emblem. These include that of identifying a State and that of representing its sovereignty and unity. The essential function of the trade mark, for its part, is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish the product or service from others which have another origin (see, inter alia, Case C‑39/97 Canon [1998] ECR I‑5507, paragraph 28, and Case C‑120/04 Medion [2005] ECR I‑8551, paragraph 23). | 15 Furthermore, pursuant to Article 19(2), the provisions of Article 19(1) are applicable by analogy to members of the family of the worker who reside in the territory of a Member State other than the competent State, as specified above, in so far as they are not entitled to sickness benefits under the legislation of the State in whose territory they reside. Subject to that latter proviso, it follows that members of the family of the worker are subject to the legislation of the State in which that person works so far as concerns the conditions of their entitlement to receive benefits; once that entitlement is recognized, they have the right to receive, at the expense of the State in which the person works, benefits in kind provided by the institution of their place of residence within the limits and in accordance with the provisions of the legislation administered by that institution. | 0 |
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