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As regards the term ‘small areas at local level’, for the purposes of Article 3(3) of Directive 2001/42, the need for a uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose of the legislation in question (see, inter alia, judgments of 18 January 1984, Ekro, C‑327/82, EU:C:1984:11, paragraph 11, and of 13 October 2016, Mikołajczyk, C‑294/15, EU:C:2016:772, paragraph 44). | 98. Il suffit, à cet égard, de relever que l’annulation prononcée par la Cour constitue en elle-même une réparation adéquate du préjudice que M me Neirinck peut avoir subi dans le cas d’espèce (voir, en ce sens, arrêt du 9 juillet 1987, Hochbaum et Rawes/Commission, 44/85, 77/85, 294/85 et 295/85, Rec. p. 3259, point 22). La demande indemnitaire présentée par la requérante est donc rejetée.
Sur les dépens | 0 |
7,501 | 56 In Sevince, paragraph 31, the Court held that a Turkish worker was not in a stable and secure situation as a member of the labour force of a Member State during a period in which a decision refusing him the right of residence was suspended as a consequence of his appeal against that decision and he obtained authorisation, on a provisional basis pending the outcome of the dispute, to reside and be employed in the Member State in question. | 24 THE FACT THAT THE APPLICANT HAS REDUCED ITS CLAIM TO NOMINAL DAMAGES DOES NOT RELIEVE IT OF PROVIDING CONCLUSIVE PROOF OF THE DAMAGE SUFFERED .
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7,502 | 30. On that point, the Court has noted, in particular, that the laudatory connotation of a word mark does not mean that it cannot be appropriate for the purposes of guaranteeing to consumers the origin of the goods or services which it covers. Thus, such a mark can be perceived by the relevant public both as a promotional formula and as an indication of the commercial origin of goods or services. It follows that, in so far as the public perceives the mark as an indication of that origin, the fact that the mark is at the same time understood — perhaps even primarily understood — as a promotional formula has no bearing on its distinctive character ( Audi v OHIM , paragraph 45). | 86
In the fourth place, as regards the parts of the third ground of appeal relating to the distortion of evidence, it should be recalled that there is distortion where, without recourse to new evidence, the assessment of the existing evidence is manifestly incorrect. However, such distortion must be obvious from the documents on the Court’s file, without it being necessary to undertake a fresh assessment of the facts and the evidence. Moreover, where an appellant alleges distortion of the evidence by the General Court, he must indicate precisely the evidence alleged to have been distorted by that Court and show the errors of appraisal which, in his view, led to that distortion (see, to that effect, judgment of 3 December 2015, Italy v Commission , C‑280/14 P, EU:C:2015:792, paragraph 52). | 0 |
7,503 | 29
However, it must be recalled that it follows from settled case-law of the Court of Justice that where the grounds of a judgment of the General Court disclose an infringement of EU law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (see, in particular, judgments of 15 December 1994 in Finsider v Commission, C‑320/92 P, EU:C:1994:414, paragraph 37; 16 December 1999 in CES v E, C‑150/98 P, EU:C:1999:616, paragraph 17, and 13 July 2000 in Salzgitter v Commission, C‑210/98 P, EU:C:2000:397, paragraph 58). | 36. Une telle qualification peut trouver à s’appliquer à une relation commerciale durable entre deux opérateurs économiques, lorsque cette relation se limite à des accords successifs ayant chacun pour objet la livraison et l’enlèvement de marchandises. En revanche, elle ne correspond pas à l’économie d’un contrat de concession typique, caractérisé par un accord-cadre ayant pour objet un engagement de fourniture et d’approvisionnement conclu pour l’avenir par deux opérateurs économiques, comportant des stipulations contractuelles spécifiques quant à la distribution par le concessionnaire des marchandises vendues par le concédant. | 0 |
7,504 | 29
According to the case-law of the Court, the concept of ‘employment conditions’, within the meaning of the clause 4(1) of the framework agreement, thus covers the three-yearly length-of-service increments which represent one of the constituent parts of the pay which should be granted to fixed-term workers in the same way as it is to permanent workers (see, to that effect, judgments of 13 September 2007, in Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraph 47, and of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58). | 88. It is true that the contested decision contains a short summary of the reasons for which the Commission refused to apply the derogation in Article 92(2)(c) of the Treaty to the facts of the case. | 0 |
7,505 | 33 As regards, more specifically, activities which, as in the main proceedings, have been carried out in the course of vocational training, the Court has held that a person who serves periods of apprenticeship in an occupation that may be regarded as practical preparation related to the actual pursuit of the occupation in question must be considered to be a worker, provided that the periods are served under the conditions of genuine and effective activity as an employed person. The Court has stated that that conclusion cannot be invalidated by the fact that the productivity of the person concerned is low, that he does not carry out full duties and that, accordingly, he works only a small number of hours per week and thus receives limited remuneration (see to that effect, in particular, Lawrie-Blum, cited above, paragraphs 19, 20 and 21, and Bernini, cited above, paragraphs 15 and 16). | Il ressort d’une jurisprudence constante que, en vertu du principe de responsabilité personnelle, déjà évoqué au point 82 du présent arrêt, il incombe, en principe, à la personne physique ou morale qui dirigeait l’entreprise en cause à la date à laquelle l’infraction a été commise de répondre de celle-ci, même si, au jour de l’adoption de la décision constatant l’infraction, l’exploitation de l’entreprise n’est plus placée sous sa responsabilité (arrêt du 29 mars 2011, ThyssenKrupp Nirosta/Commission, C‑352/09 P, EU:C:2011:191, point 143 et jurisprudence citée). | 0 |
7,506 | 31. However, Article 73d(1)(a) of the EC Treaty, which, as a derogation from the fundamental principle of the free movement of capital, must be interpreted strictly, cannot be interpreted as meaning that any tax legislation making a distinction between taxpayers by reference to their place of residence or the Member State in which their capital is invested is automatically compatible with the Treaty. The derogation in Article 73d(1)(a) of the EC Treaty is itself limited by Article 73d(3) of the EC Treaty, which provides that the national provisions referred to in Article 73d(1) ‘shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 73b’ (see Case C-319/02 Manninen [2004] ECR I‑7477, paragraph 28). | 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). | 0 |
7,507 | 19. Firstly, it should be noted that the products at issue in the main proceedings are intended for a specialist public, which is much less likely than final consumers to associate the reputation of Siemens products with that of products distributed by VIPA (see, to that effect, Toshiba Europe, cited above, paragraph 52). | 52 However, it is for the national court to determine whether the equipment manufacturer's product numbers in question in the case before it are distinguishing marks within the meaning of Article 3a(1)(g) of Directive 84/450 as amended, in the sense that they are identified as coming from a particular undertaking. In order to do so, it will have to take into account the perception of an average individual who is reasonably well informed and reasonably observant and circumspect. Account should be taken of the type of persons at whom the advertising is directed. In the present case, those persons appear to be specialist traders who are much less likely than final consumers to associate the reputation of the equipment manufacturer's products with those of the competing supplier. | 1 |
7,508 | 38. In the same way, as stated in point VIII of the explanatory note to the HS on general rule 3(b), the factor which determines the essential character of the goods may, depending on the type of goods, be determined for example by the nature of the constituent material or components, its bulk, quantity, weight or value, or the role of a constituent material in relation to the use of the goods ( Turbon International , paragraph 22, and Kloosterboer Services , paragraph 32). | 43. Il convient de constater, à cet égard, que, certes, les directives 2004/67/CE du Conseil, du 26 avril 2004, concernant des mesures visant à garantir la sécurité de l’approvisionnement en gaz naturel (JO L 127, p. 92), et 2005/89/CE du Parlement européen et du Conseil, du 18 janvier 2006, concernant des mesures visant à garantir la sécurité de l’approvisionnement en électricité et les investissements dans les infrastructures (JO L 33, p. 22), énoncent des mesures visant à sauvegarder un niveau adéquat de la sécurité de l’approvisionnement respectivement en gaz naturel et en électricité. Cependant, ces directives n’établissent qu’un cadre à l’intérieur duquel les États membres définissent les politiques générales en matière de sécurité d’approvisionnement. Il ressort, en outre, des dispositions de la directive 2004/67 que la liste des instruments propres à assurer la sécurité de l’approvisionnement en gaz naturel figurant à son annexe n’est pas exhaustive. De surcroît, il résulte du troisième considérant de cette directive qu’elle ne constitue qu’une approche commune minimale en matière de sécurité d’approvisionnement en gaz naturel. | 0 |
7,509 | 37. It is clear from the case-law of the Court that there is such distortion where, without recourse to new evidence, the assessment of the existing evidence is manifestly incorrect (Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraph 54; Case C‑167/04, JCB Service v Commission , [2006] ECR I‑8935, paragraph 108, and Case C‑229/05 P, PKK and KNK v Council , [2007] ECR I‑439, paragraph 37). | 46
Accordingly, the answer to the first question is that Article 7(3)(b) of Directive 2004/38 must be interpreted as meaning that a national of a Member State retains the status of self-employed person for the purposes of Article 7(1)(a) of that directive where, after having lawfully resided in and worked as a self-employed person in another Member State for approximately four years, that national has ceased that activity, because of a duly recorded absence of work owing to reasons beyond his control, and has registered as a jobseeker with the relevant employment office of the latter Member State. | 0 |
7,510 | 19. It must be noted, as a preliminary point, that Community law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, provisions intended to govern the consumption of pharmaceutical products in order to promote the financial stability of their health‑care insurance schemes (Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16; Case C‑249/88 Commission v Belgium [1991] ECR I‑1275, paragraph 31; Joined Cases C‑159/91 and C‑160/91 Poucet and Pistre [1993] ECR I‑637, paragraph 6; Case C‑70/95 Sodemare and Others [1997] ECR I‑3395, paragraph 27; Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 17; Case C‑245/03 Merck, Sharp & Dohme [2005] ECR I‑637, paragraph 28; and Case C‑141/07 Commission v Germany [2008] ECR I‑0000, paragraph 22). | 102. Il y a lieu de rappeler à titre liminaire que la question de savoir si la motivation d’un arrêt du Tribunal est contradictoire ou insuffisante constitue une question de droit pouvant, en tant que telle, être invoquée dans le cadre d’un pourvoi (voir, notamment, arrêts du 7 mai 1998, Somaco/Commission, C‑401/96 P, Rec. p. I‑2587, point 53, et du 8 février 2007, Groupe Danone/Commission, C‑3/06 P, Rec. p. I‑1331, point 45). | 0 |
7,511 | 71. The Court has applied that analysis to an opposition system in force in Belgium in the energy sector, which covered certain decisions concerning the strategic assets of national companies, in particular energy supply networks, and specific management decisions relating to those companies, State intervention being possible only when there was a threat that the objectives of the energy policy might be compromised. The Court considered that that system was based on objective criteria amenable to judicial review and that the Commission had not shown that less restrictive measures could have been taken to attain the objective pursued (Case C‑503/99 Commission v Belgium [2000] ECR I‑4809, paragraphs 50 to 53). | 35. According to Article 2(6) of the agreement on social policy, which is reproduced in Article 137(5) EC, as amended by the Treaty of Nice, the provisions of that article ‘shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs’. However, as the Court has already held in relation to Article 137(5) EC, since that provision derogates from paragraphs 1 to 4 of that article, the matters reserved by paragraph 5 must be interpreted strictly so as not to affect unduly the scope of paragraphs 1 to 4, nor to call into question the aims pursued by Article 136 EC (see Del Cerro Alonso , paragraph 39, and Impact , paragraph 122). | 0 |
7,512 | 44. The Court has therefore already held that rules such as those at issue in the main proceedings deter, or even prevent, insured persons from applying to providers of medical services established in Member States other than that of the insurance fund and constitute, both for insured persons and service providers, a barrier to freedom to provide services (Smits and Peerbooms , paragraph 69). | 20 IL FAUT D ' ABORD SOULIGNER , COMME LA COMMISSION L ' A FAIT A JUSTE TITRE , QUE LES DROITS QUE CONFERENT LES ARTICLES 10 ET 11 DU REGLEMENT NO 1612/68 AU CONJOINT DU TRAVAILLEUR MIGRANT SONT LIES A CEUX QUE DETIENT CE TRAVAILLEUR EN VERTU DE L ' ARTICLE 48 DU TRAITE ET DES ARTICLES 1ER ET SUIVANTS DU REGLEMENT . DANS LA MESURE OU LE CONJOINT PEUT INVOQUER CES DROITS DERIVES ET OU SES DROITS IMPLIQUENT L ' ACCES A DES ACTIVITES SALARIEES CONFORMEMENT A L ' ARTICLE 11 , CES ACTIVITES DOIVENT POUVOIR ETRE EXERCEES DANS LES MEMES CONDITIONS QUE LE TRAVAILLEUR , TITULAIRE DU DROIT A LA LIBRE CIRCULATION , EXERCE LES SIENNES . L ' ARTICLE 3 , PARAGRAPHE 1 , DU REGLEMENT IMPOSE POUR AUTANT AUX AUTORITES DE L ' ETAT MEMBRE D ' ACCUEIL D ' APPLIQUER UN TRAITEMENT NON DISCRIMINATOIRE A CE CONJOINT . LE TRAITEMENT ' NATIONAL ' DONT BENEFICIENT , A CET EGARD , LES TRAVAILLEURS DES ETATS MEMBRES EST AINSI ETENDU A LEURS CONJOINTS .
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7,513 | 55. First, it must be stated that the first two limbs of the fourth paragraph of Article 263 TFEU correspond with those which were laid down, before the entry into force of the Treaty of Lisbon, by the EC Treaty, in the fourth paragraph of Article 230 thereof (see, in relation to the latter provision, Unión de Pequeños Agricultores v Council , paragraphs 34 to 37). | 73. À cet égard, il convient d’observer que, selon les articles 225 CE et 58, premier alinéa, du statut de la Cour de justice, le pourvoi est limité aux questions de droit. Selon cette dernière disposition, il doit être fondé sur des moyens tirés de l’incompétence du Tribunal, des irrégularités de procédure devant le Tribunal portant atteinte aux intérêts de la partie requérante ou de la violation du droit communautaire par ce dernier. | 0 |
7,514 | 100
Finally, under the general international-law principle of the relative effect of treaties, of which the rule contained in Article 34 of the Vienna Convention is a specific expression, treaties do not impose any obligations, or confer any rights, on third States without their consent (see judgment of 25 February 2010, Brita, C‑386/08, EU:C:2010:91, paragraphs 44 and 52). | 31
In that regard, first, it is clear from the order for reference that the justification put forward before the national court is derived from the fact that a more favourable tax rate is applied to non-resident financial institutions than the one which is applied to resident financial institutions. | 0 |
7,515 | 105. To recognise an attenuating circumstance in situations where an undertaking is party to a manifestly unlawful agreement which it knew or could not be unaware constituted an infringement could encourage undertakings to continue a secret agreement as long as possible, in the hope that their conduct would never be discovered, while knowing that if their conduct were discovered they could expect, by then curtailing the infringement, their fine to be reduced. Such a recognition would deprive the fine imposed of any deterrent effect and would undermine the effectiveness of Article 81(1) EC (see Case C‑510/06 P Archer Daniels Midland v Commission [2009] ECR I‑0000, paragraph 149). | 18. The Court has already held that the tax treatment of gifts, whether they are gifts of money, immovable property or movable property, comes under the provisions of the FEU Treaty on the movement of capital, except where their constituent elements are confined within a single Member State (see judgment in Mattner , C‑510/08, EU:C:2010:216, paragraph 20). | 0 |
7,516 | 50. Relying on the judgment in Mecklenburg (C‑321/96, EU:C:1998:300, paragraphs 27 and 30), ClientEarth adds that, even if it were accepted that the contested studies are part of the preliminary stage of formal infringement proceedings, the exception provided for in the third indent of Article 4(2) of Regulation No 1049/2001 can justify a refusal to disclose only in the event that the existence of the document requested immediately precedes the opening of a contentious or quasi-contentious procedure and arises from the need to obtain proof or to investigate a matter prior to the opening of the actual procedure. Yet in this case, the contested studies did not immediately precede a decision to initiate, following an investigation, infringement proceedings under Article 258 TFEU. | 19. It is apparent both from the order for reference and from the observations submitted to the Court that Ms Leyman moved to Luxembourg to take up employment there. | 0 |
7,517 | 62
Article 7(f) of that directive precludes Member States from excluding, categorically and in general, the possibility of processing certain categories of personal data without allowing the opposing rights and interests at issue to be balanced against each other in a particular case. Thus, Member States cannot definitively prescribe, for certain categories of personal data, the result of the balancing of the opposing rights and interests, without allowing a different result by virtue of the particular circumstances of an individual case (see, to that effect, judgment of 24 November 2011, ASNEF and FECEMD, C‑468/10 and C‑469/10, EU:C:2011:777, paragraphs 47 and 48). | 67
Such a condition of admissibility is needed both for the appeal in its entirety and for each of the grounds raised in support of it. | 0 |
7,518 | 59. It is clear from Article 256 TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice that the General Court has exclusive jurisdiction, first, to find the facts, except where the substantive inaccuracy of its findings is apparent from the documents submitted to it, and, second, to assess those facts. When the General Court has found or assessed the facts, the Court of Justice has jurisdiction under Article 256 TFEU to review the legal characterisation of those facts and the legal conclusions which the General Court has drawn from them (see, inter alia, Case C‑185/95 P Baustahlgewebe v Commission [1998] ECR I‑8417, paragraph 23, and Case C‑90/09 P General Química and Others v Commission [2011] ECR I‑1, paragraph 71 and the case-law cited). | 41. L’appréciation globale du risque de confusion doit, en ce qui concerne la similitude visuelle, phon étique ou conceptuelle des signes en conflit, être fondée sur l’impression d’ensemble produite par ceux-ci, en tenant compte, notamment, de leurs éléments distinctifs et dominants. La perception des marques qu’a le consommateur moyen des produits ou des services en cause joue un rôle déterminant dans l’appréciation globale dudit risque. À cet égard, le consommateur moyen perçoit normalement une marque comme un tout et ne se livre pas à un examen de ses différents détails (voir arrêt OHMI/Shaker, C‑334/05 P, EU:C:2007:333, point 35 et jurisprudence citée). | 0 |
7,519 | 42. The transposition of a directive into domestic law does not moreover always require that its provisions be incorporated formally in express, specific legislation. Thus, the Court has held that the implementation of a directive may, depending on its content, be effected in a Member State by way of general principles or a general legal context, provided that they are appropriate for the purpose of guaranteeing in fact the full application of the directive and that, where a provision of the directive is intended to create rights for individuals, the legal position arising from those general principles or that general legal context is sufficiently precise and clear and the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts (see, to that effect, Case 29/84 Commission v Germany [1985] ECR 1661, paragraph 23, and Case 363/85 Commission v Italy [1987] ECR 1733, paragraph 7). A directive may also be implemented by way of a general measure provided that it satisfies the same conditions. | 78. Precisely because of that surplus, any additional import under the regime for EC/OCT cumulation of origin increases the surplus of sugar on the Community market and leads to an increase in subsidised exports (see Emesa Sugar , paragraph 56). | 0 |
7,520 | 63. It should be recalled that, in the case of an aid programme, the Commission may merely study the characteristics of the programme at issue in order to assess, in the grounds for its decision, whether, by reason of the arrangements provided for under the programme, the latter gives an appreciable advantage to beneficiaries in relation to their competitors and is likely to benefit in particular undertakings engaged in trade between Member States. Thus, in a decision which concerns such a programme, the Commission is not required to carry out an analysis of the aid granted in individual cases under the scheme. It is only at the stage of recovery of the aid that it is necessary to look at the individual situation of each undertaking concerned (Case C‑310/99 Italy v Commission [2002] ECR I‑2289, paragraphs 89 and 91). | 87 According to the same case-law (Suiker Unie v Commission, paragraph 174, and Züchner, paragraph 14), although it is correct to say that this requirement of independence does not deprive traders of the right to adapt themselves intelligently to the existing or anticipated conduct of their competitors, it does however strictly preclude any direct or indirect contact between such traders, the object or effect of which is to create conditions of competition which do not correspond to the normal conditions of the market in question, regard being had to the nature of the products or services offered, the size and number of the undertakings and the volume of the said market. | 0 |
7,521 | 18. It is next necessary to consider to what extent the restriction at issue in the main proceedings may be allowed as a derogation expressly provided for by Article 52 TFEU, applicable in this area by virtue of Article 62 TFEU, or justified, in accordance with the case-law of the Court, by overriding reasons in the public interest (see Case C‑176/11 HIT and HIT LARIX [2012] ECR, paragraph 20). However, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (Case C‑379/11 Caves Krier Frères [2012] ECR, paragraph 48 and the case‑law cited). | 118. That does not imply reconstructing past events differently on the basis of hypothetical elements such as the choices, often numerous, which could have been made by the operators concerned, since the choices actually made with the aid might prove to be irreversible. | 0 |
7,522 | 33
Article 23 of the Brussels I Regulation clearly indicates that its scope is limited to cases in which the parties have ‘agreed’ on a court. As is apparent from recital 11 of the Brussels I Regulation, it is that consensus between the parties which justifies the primacy granted, in the name of the principle of the freedom of choice, to the choice of a court other than that which may have had jurisdiction under that regulation (judgments of 21 May 2015, El Majdoub, C‑322/14, EU:C:2015:334, paragraph 26 and the case-law cited, and of 20 April 2016, Profit Investment SIM, C‑366/13, EU:C:2016:282, paragraph 24 and case-law cited). | 15 With regard, next, to the effects of the agreements or the clauses in the statutes, a combination of clauses such as those requiring exclusive supply and payment of excessive fees on withdrawal, tying the members to the association for long periods and thereby depriving them of the possibility of approaching competitors, could have the effect of restricting competition. | 0 |
7,523 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 20 BY AUTOMATICALLY INCREASING THE AMOUNT OF NATIONAL AID IN PROPORTION TO THE INCREASE IN THE REVENUE FROM THE CHARGE AND MORE ESPECIALLY THE REVENUE FROM THE CHARGE LEVIED ON COMPETING FOREIGN PRODUCTS, THE METHOD OF FINANCING IN QUESTION HAS A PROTECTIVE EFFECT WHICH GOES BEYOND AID PROPERLY SO-CALLED . | 0 |
7,524 | 36. However, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The spirit of cooperation which must prevail in the preliminary ruling procedure requires the national court, for its part, to have regard to the function entrusted to the Court of Justice, which is to assist in the administration of justice in the Member States and not to deliver advisory opinions on general or hypothetical questions ( Foglia , paragraphs 18 and 20; Case 149/82 Robards [1983] ECR 171, paragraph 19; and Case C‑83/91 Meilicke [1992] ECR I‑4871, paragraph 25). | 73 Annulment of a Community measure does not necessarily affect the preparatory acts (Spain v Commission, cited above, paragraph 32), since the procedure for replacing such a measure may, in principle, be resumed at the very point at which the illegality occurred (Spain v Commission, paragraph 31). | 0 |
7,525 | 60. Toutefois, un tel raisonnement ne vaut que pour autant que la décision consécutive à l’annulation n’ait pas été nouvelle par rapport au projet soumis au comité (voir, en ce sens, arrêts du 30 septembre 1982, Amylum/Conseil, 108/81, Rec. p. 3107, point 10, Roquette Frères/Conseil, 110/81, Rec. p. 3159, point 10, et Tunnel Refineries/Conseil, 11 4/81, Rec. p. 3189, point 9). Ainsi, une complète identité entre la décision annulée et la décision adoptée après annulation n’est pas requise aux fins du recommencement de la procédure de comité, il suffit seulement que la décision adoptée après annulation ne comporte pas de nouvelles mesures et que son objet et son contenu soient semblables à ceux de la décision annulée. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,526 | 13 Consideration classified as pay includes, inter alia, consideration paid by the employer by virtue of legislative provisions and under a contract of employment whose purpose is to ensure that workers receive income even where, in certain cases specified by the legislature, they are not performing any work provided for in their contracts of employment (see Case C-360/90 Arbeiterwohlfahrt der Stadt Berlin v Boetel [1992] ECR I-3589, paragraphs 14 and 15; also Case C-33/89 Kowalska v Freie und Hansestadt Hamburg [1990] ECR I- 2591, paragraph 11, and Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 12). | 54. In accordance with settled case‑law, freedom of establishment for nationals of one Member State on the territory of another Member State includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the Member State of establishment. The abolition of restrictions on freedom of establishment also applies to restrictions on the setting up of agencies, branches or subsidiaries by nationals of a Member State established in the territory of another Member State (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13; Case C‑311/97 Royal bank of Scotland [1999] ECR I‑2651, paragraph 22; and Case C‑253/03 CLT‑UFA [2006] ECR I‑1831, paragraph 13). | 0 |
7,527 | 17 It must be remembered from the outset that, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law and avoid any discrimination on grounds of nationality (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,528 | 52. The economic disadvantages suffered by the new Länder as a whole were not directly caused by the geographical division of Germany within the meaning of Article 87(2)(c) EC (Case C-156/98 Germany v Commission , cited above, paragraph 54). | 41
It must be recalled that, under the reverse charge regime, no VAT payment takes place between the seller and the purchaser of the property, the purchaser 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 (see, to that effect, judgment of 6 February 2014, Fatorie, C‑424/12, EU:C:2014:50, paragraph 29 and the case-law cited). | 0 |
7,529 | 31
Even if, in the present case, the conditions for the application of Rule 3(b) of the General Rules appear prima facie to be satisfied as regards the goods at issue in the main proceedings, it is for this Court to provide the necessary assessment in that regard and to determine whether the goods can be classified under different CN headings, none of which may be considered to be the most specific within the meaning of Rule 3(a) of the General Rules (see, to that effect, judgments in Kurcums Metal, C‑558/11, EU:C:2012:721, paragraph 28, and Vario Tek, C‑178/14, EU:C:2015:152, paragraph 18). | 41 Furthermore, the Court has held that the purpose of Article 59 of the Treaty was to abolish restrictions on the freedom to provide services offered by persons not established in the State in which the service was to be provided and that, consequently, the provisions of Article 59 had to apply in all cases in which a person providing services offers those services in a Member State other than that in which he is established (judgment in Case C-154/89 Commission v France [1991] ECR I-659, paragraphs 9 and 10). | 0 |
7,530 | 53. None the less, the Court has no jurisdiction to give a preliminary ruling on a question submitted by a national court where it is quite obvious that the ruling sought by that court on the interpretation of a Community rule bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( Bosman , paragraph 61; Acereda Herrera , paragraph 48; and Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25). | 80. La constatation relative à l’existence d’une restriction effectuée sur le fondement de l’article 63 TFUE s’impose également s’agissant de l’article 40 de l’accord EEE, dans la mesure où les dispositions dudit article revêtent la même portée juridique que celles identiques, en substance, de l’article 63 TFUE (voir, en ce sens, arrêt Commission/Allemagne, C‑600/10, EU:C:2012:737, point 27). | 0 |
7,531 | 30 Thus the Court has held that, although certain judgments in actions between a public authority and a person governed by private law may come within the scope of the Brussels Convention, it is otherwise where the public authority is acting in the exercise of its public powers (LTU, cited above, paragraph 4, and Rüffer, paragraph 8). | 53. It is clear, however, that Article 15(1) of Directive 2002/58 ends the list of the above exceptions with an express reference to Article 13(1) of Directive 95/46. That provision also authorises the Member States to adopt legislative measures to restrict the obligation of confidentiality of personal data where that restriction is necessary inter alia for the protection of the rights and freedoms of others. As they do not specify the rights and freedoms concerned, those provisions of Article 15(1) of Directive 2002/58 must be interpreted as expressing the Community legislature’s intention not to exclude from their scope the protection of the right to property or situations in which authors seek to obtain that protection in civil proceedings. | 0 |
7,532 | 42. First, under Article 9 and Article 12(5)(a)(iii) of the CCC, a BTI may be revoked if one or more of the conditions laid down for its issue were not or are no longer fulfilled. It follows that, where the customs authorities take the view that their initial interpretation is wrong, as the result of an error of assessment or evolution in the thinking in relation to tariff classification, they are entitled to consider that one of the conditions laid down for the issue of a BTI is no longer fulfilled and to revoke that BTI with a view to amending the tariff classification of the goods concerned (see, to that effect, Joined Cases C-133/02 and C-134/02 Timmermans Transport and Hoogenboom Production [2004] ECR I-1125, paragraphs 21 to 25). | 30 In addition, such requirements must be objectively justified by the need to ensure that professional rules of conduct are complied with and that the interests which such rules are designed to safeguard are protected (ibid, paragraph 17). | 0 |
7,533 | 33 The Court of First Instance first of all referred, in paragraph 266 of the contested judgment, to the settled case-law to the effect that the purpose of the obligation to give reasons for an individual decision is to enable the Community judicature to review the legality of the decision and to provide the party concerned with an adequate indication as to whether the decision is well founded or whether it may be vitiated by some defect enabling its validity to be challenged, the scope of that obligation being dependent on the nature of the act in question and on the context in which it was adopted (see, in particular, besides the case-law cited by the Court of First Instance, Case C-22/94 Irish Farmers Association and Others v Ministry for Agriculture, Food and Forestry, Ireland, and the Attorney General [1997] ECR I-1809, paragraph 39). | 73
The term ‘access’ is thus linked to the supply of electricity, including the cost of the service. Recitals 2, 6, 13, 15 and 17 of Directive 2003/54 state in particular that such access must be fairly priced and use non-discriminatory tariffs in order to ensure effective market access for all market players (see, to that effect, judgment of 9 October 2008, Sabatauskas and Others, C‑239/07, EU:C:2008:551, paragraph 40). | 0 |
7,534 | 34. Secondly, it should be noted that Article 18 EC, which lays down generally the right for every citizen of the Union to move and reside freely within the territory of the Member States, finds specific expression in the provisions guaranteeing the freedom to provide services (Case C-92/01 Stylianakis [2003] ECR I-1291, paragraph 18, and Case C-208/05 ITC [2007] ECR I-0000, paragraph 64). If, therefore, the case in the main proceedings falls under Article 49 EC, it will not be necessary for the Court to rule on the interpretation of Article 18 EC ( Stylianakis , paragraph 20, and ITC , paragraph 65). | 28 THE EXISTENCE OF A PREVIOUS CRIMINAL CONVICTION CAN , THEREFORE , ONLY BE TAKEN INTO ACCOUNT IN SO FAR AS THE CIRCUMSTANCES WHICH GAVE RISE TO THAT CONVICTION ARE EVIDENCE OF PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .
| 0 |
7,535 | 28. In a case concerning the introduction, into the customs territory of the Community, of cigarettes concealed in a vehicle and discovered by the customs authorities of a Member State during an inspection, the Court has held that, since the true nature of the goods presented to customs did not appear on the documents provided and the customs authorities had not been informed of that nature by the persons concerned, those goods had to be regarded as not having been presented to customs in accordance with Article 40 of the Customs Code (see Joined Cases C-238/02 and C‑246/02 Viluckas and Jonusas [2004] ECR I-0000, paragraph 28). | 28. As discussed in the reply to the first two questions, an introduction is considered unlawful when goods, including those concealed in a vehicle without its driver’s knowledge, were not declared by that driver upon presentation to customs. | 1 |
7,536 | 12. As a preliminary point, it must be remembered that, according to settled case-law, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law and avoid any discrimination on grounds of nationality (see, inter alia, Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 37; Case C‑324/00 Lankhorst-Hohorst [2002] ECR I‑11779, paragraph 26; and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 25). | 26. It should be remembered that, according to settled case-law, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law and, in particular, avoid any discrimination on grounds of nationality (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, Case C-107/94 Asscher [1996] ECR I-3089, paragraph 36, Royal Bank of Scotland , cited above, paragraph 19, Baars , cited above, paragraph 17, and Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 37).
The existence of an obstacle to freedom of establishment | 1 |
7,537 | Furthermore, the wording of point 3 of Article 13B(d) of the Sixth Directive does not in principle preclude a transfer from
being broken down into separate services which then constitute ‘transactions concerning transfers’ within the meaning of that
provision (judgment of 5 June 1997 in SDC, C‑2/95, EU:C:1997:278, paragraph 64). While it cannot be ruled out that the exemption at issue may include services which
are not intrinsically transfers, it remains the case that that exemption can relate only to transactions which, viewed broadly,
form a distinct whole and which fulfil in effect the specific, essential functions of such transfers (see, to that effect,
judgment of 5 June 1997 in SDC, C‑2/95, EU:C:1997:278, paragraphs 66 to 68). | À cet égard, l’argument tiré de la supposée erreur d’interprétation de la résolution 1929 ne saurait prospérer. En effet,
IOEC ne conteste pas que le considérant 22 de la décision 2010/413 et le considérant 8 de la décision 2012/35 soulignent,
à juste titre, que la résolution 1929 vise le lien potentiel entre les recettes tirées du secteur énergétique et le financement
des activités nucléaires en Iran. Elle se limite en réalité à invoquer l’absence de caractère contraignant de cette résolution,
ce qui est inopérant dans la mesure où ni les actes litigieux ni l’arrêt attaqué n’ont considéré que ladite résolution avait
un caractère obligatoire. | 0 |
7,538 | 76. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite clear that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( PreussenElektra , paragraph 39, and Hartlauer , paragraph 25). | 25. The Court can refuse to give a preliminary ruling on a question submitted by a national court only where, in particular, it is quite obvious that the ruling sought by that court on the interpretation or validity of Community law bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical (Case C‑308/06 Intertanko and Others [2008] ECR I‑0000, paragraph 32 and the case-law cited). | 1 |
7,539 | 62
As follows from Article 171(1) of the Rules of Procedure, the appeal is to be served on the other parties to the relevant case before the General Court. The procedural documents thus communicated to the parties to the case before the Court of Justice are not available to the public. Consequently, Mr Breyer’s publication on the internet of the pleadings in the present proceedings, without being authorised to do so, constitutes misuse of the pleadings liable to harm the sound administration of justice, which should be taken into account when sharing the costs incurred in the present proceedings (see, to that effect, judgment of 21 September 2010, Sweden and Others v API and Commission, C‑514/07 P, C‑528/07 P and C‑532/07 P, EU:C:2010:541, paragraphs 92, 93 and 97 to 99). | 49. It must be borne in mind that Article 9 of the Association Agreement prohibits any discrimination on grounds of nationality within the scope of that agreement, without prejudice to any special provisions which may be laid down by the Association Council. This means that, as in the case of the relationship between Article 12 EC and the special provisions of the EC Treaty or of secondary law, Article 9 of that agreement does not apply independently if the Association Council has adopted a specific non-discrimination rule, such as Article 3(1) of Decision 3/80 in the particular field of social security (see, to that effect, Kocak and Örs , paragraph 36). | 0 |
7,540 | 30. In that regard, it must be noted that the situation of dependence must exist, in the country from which the family member concerned comes, at the time when he applies to join the Union citizen on whom he is dependent (see, to that effect, Jia , paragraph 37, and Case C‑83/11 Rahman [2012] ECR, paragraph 33). | 37. In order to determine whether the relatives in the ascending line of the spouse of a Community national are dependent on the latter, the host Member State must assess whether, having regard to their financial and social conditions, they are not in a position to support themselves. The need for material support must exist in the State of origin of those relatives or the State whence they came at the time when they apply to join the Community national. | 1 |
7,541 | 50
Accordingly, it follows from the case-law that those directives preclude national rules which allow a refusal of or disproportionate restriction on the right of a passenger to obtain compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles, solely on the basis of that passenger’s contribution to the occurrence of the harm suffered by him (see, to that effect, judgment of 23 October 2012, Marques Almeida, C‑300/10, EU:C:2012:656, paragraph 33 and the case-law cited). | 20 In that regard, network cards satisfy the conditions relating to units set out in Note 5(B) to Chapter 84 of the Combined Nomenclature, since they can be connected to the central unit and are specifically designed as parts of an automatic data-processing system. | 0 |
7,542 | 18. As a preliminary point, it should be noted that, in the context of the procedure established by Article 234 EC providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may find it necessary to consider provisions of Community law to which the national court has not referred in its question (see, in particular, Case C-230/98 Schiavon [2000] ECR I-3547, paragraph 37, and Case C-469/00 Ravil [2003] ECR I-5053, paragraph 27). | 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 |
7,543 | 27. It should be recalled in this connection that, according to settled case-law, it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court. Consequently, since the questions referred involve the interpretation of Community law, the Court is, in principle, obliged to give a ruling (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 18; Case C-373/00 Adolf Truley [2003] ECR I-1931, paragraph 21, and Case C-18/01 Korhonen and Others [2003] ECR I-5321, paragraph 19). | 26. Il convient de relever d’emblée que des données, telles que celles qui, selon la juridiction de renvoi, sont collectées par les détectives privés dans l’affaire en cause au principal, portent sur des personnes agissant comme agents immobiliers et concernent des personnes physiques identifiées ou identifiables. Elles constituent, par conséquent, des données à caractère personnel, au sens de l’article 2, sous a), de la directive 95/46. Leur collecte, leur conservation et leur transmission par un organisme réglementé tel que l’IPI ou par les détectives privés agissant pour leur compte présentent, dès lors, le caractère d’un «traitement de données à caractère personnel», au sens de l’article 2, sous b), de la directive 95/46 (voir arrêt du 16 décembre 2008, Huber, C‑524/06, Rec. p. I‑9705, point 43). | 0 |
7,544 | 33. As regards that weaker position, Article 6(1) of the directive provides that unfair terms are not binding on the consumer. As is apparent from the case-law, that is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them ( Aziz , EU:C:2013:164, paragraph 45). | 9 THUS, IN ORDER TO ASCRIBE TO A CHARGE AN EFFECT EQUIVALENT TO A CUSTOMS DUTY, IT IS IMPORTANT TO CONSIDER THIS EFFECT IN THE LIGHT OF THE OBJECTIVES OF THE TREATY, IN THE PARTS, TITLES AND CHAPTERS IN WHICH ARTICLES 9, 12, 13 AND 16 ARE TO BE FOUND, PARTICULARLY IN RELATION TO THE FREE MOVEMENT OF GOODS .
CONSEQUENTLY, ANY PECUNIARY CHARGE, HOWEVER SMALL AND WHATEVER ITS DESIGNATION AND MODE OF APPLICATION, WHICH IS IMPOSED UNILATERALLY ON DOMESTIC OR FOREIGN GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER, AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE, CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9, 12, 13 AND 16 OF THE TREATY, EVEN IF IT IS NOT IMPOSED FOR THE BENEFIT OF THE STATE, IS NOT DISCRIMINATORY OR PROTECTIVE IN EFFECT AND IF THE PRODUCT ON WHICH THE CHARGE IS IMPOSED IS NOT IN COMPETITION WITH ANY DOMESTIC PRODUCT . | 0 |
7,545 | 180. In so far as the Commission and Vfw dispute the existence of a link between the length of the proceedings and the interests of DSD and thus raise the question whether this plea in law truly concerns a breach of procedure adversely affecting the interests of the appellant within the meaning of the first paragraph of Article 58 of the Statute of the Court of Justice, it must be held that an undertaking which brings proceedings for the annulment of a decision which has obliged it to adapt the standard form of contract which it enters into with its customers will have, on self-evident commercial policy grounds, a clear interest in having a line of argument, by which it submits that that decision is unlawful, adjudicated upon within a reasonable period. The fact that the Court of Justice has, in other cases, examined the question of the length of the proceedings in actions brought against Commission decisions imposing fines for the infringement of competition law (see, inter alia, Baustahlgewebe v Commission , paragraph 21; Case C-194/99 P Thyssen Stahl v Commission [2003] ECR I-10821, paragraph 154; and Sumitomo Metal Industries and Nippon Steel v Commission , paragraph 115), whereas no such fine was imposed on DSD in the present case, is irrelevant in that regard. | 68. Il appartient dès lors au juge communautaire, contrairement à ce que soutient le Parlement, de prononcer, le cas échéant, à l’encontre d’une institution une condamnation au versement d’une somme à laquelle le requérant a droit en vertu du statut ou d’un autre acte juridique. | 0 |
7,546 | 25
In that regard, it must be recalled, first of all, that the requirement for the contracting authority to observe the principle of equal treatment of tenderers which has the aim of promoting the development of healthy and effective competition between undertakings taking part in a public procurement procedure (see, inter alia, judgments of 29 April 2004, Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraph 110, and of 12 March 2015, eVigilo, C‑538/13, EU:C:2015:166, paragraph 33) and which lies at the very heart of the EU rules on public procurement procedures (see, inter alia, judgments of 22 June 1993, Commission v Denmark, C‑243/89, EU:C:1993:257, paragraph 33; of 25 April 1996, Commission v Belgium, C‑87/94, EU:C:1996:161, paragraph 51; and of 18 October 2001, SIAC Construction, C‑19/00, EU:C:2001:553, paragraph 33) means, inter alia, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority (see judgments of 16 December 2008, Michaniki, C‑213/07, EU:C:2008:731, paragraph 45, and of 24 May 2016, MT Højgaard and Züblin, C‑396/14, EU:C:2016:347, paragraph 37). | 36. The Montreal Convention, signed by the Community on 9 December 1999 on the basis of Article 300(2) EC, was approved by Council decision of 5 April 2001 and entered into force, so far as concerns the Community, on 28 June 2004. Therefore from that last date the provisions of that Convention have, in accordance with settled case-law, been an integral part of the Community legal order (Case 181/73 Haegeman [1974] ECR 449, paragraph 5, and Case 12/86 Demirel [1987] ECR 3719, paragraph 7). It was after that date that, by decision of 14 July 2004, the High Court of Justice made the present order for reference in the judicial review proceedings before it. | 0 |
7,547 | 56. On the other hand, both the permanent right of residence of the mothers of the Union citizens concerned who are minors and the fact that the third country nationals for whom a right of residence is sought are not persons on whom those citizens are legally, financially or emotionally dependent must be taken into consideration when examining the question whether, as a result of the refusal of a right of residence, those citizens would be unable to exercise the substance of the rights conferred by their status. As the Advocate General observes in point 44 of his Opinion, it is the relationship of dependency between the Union citizen who is a minor and the third country national who is refused a right of residence that is liable to jeopardise the effectiveness of Union citizenship, since it is that dependency that would lead to the Union citizen being obliged, in fact, to leave not only the territory of the Member State of which he is a national but also that of the European Union as a whole, as a consequence of such a refusal (see Ruiz Zambrano , paragraphs 43 and 45, and Dereci and Others , paragraphs 65 to 67). | 33 Finally, the Court made it clear in its judgment in Case 148/84 Deutsche Genossenschaftsbank v Brasserie du Pêcheur [1985] ECR 1981, paragraph 17), that the Convention has established an enforcement procedure which constitutes an autonomous and complete system, including the matter of appeals, and that it follows that Article 36 of the Convention excludes procedures whereby interested third parties may challenge an enforcement order under domestic law. | 0 |
7,548 | 36. In the present case, since the Commission would, as is apparent from paragraph 22 above, have been entitled to seek a declaration that the French Republic had failed to fulfil its obligations under Article 228(1) EC because it had not, by the date on which the period prescribed in the reasoned opinion expired, made provision for exclusion of suppliers’ liability in any of the cases referred to in Article 3(3) of Directive 85/374, it cannot be criticised for seeking such a declaration with respect to one of those cases only, as a result of the adoption by that Member State of partial measures for compliance with the judgment in Case C‑52/00 Commission v France (see, by analogy, Case C‑174/91 Commission v Belgium [1993] ECR I‑2275, paragraphs 8 to 12). | Il résulte d’une jurisprudence bien établie de la Cour que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêt du 5 février 2015, Commission/Belgique, C‑317/14, EU:C:2015:63, point 34). | 0 |
7,549 | 28. It is clear from the case-law of the Court that the rights of the defence, which include the right to be heard, are among the fundamental rights that form an integral part of the European Union legal order (see, to that effect, inter alia, Case C‑349/07 Sopropé [2008] ECR I‑10369, paragraphs 33 and 36). Where national legislation comes within the scope of European Union law, the Court, when requested to give a preliminary ruling, must provide all the criteria of interpretation required by the national court to determine whether that legislation is compatible with fundamental rights (see, inter alia, Case C‑260/89 ERT [1991] ECR I‑2925, paragraph 42, and Sopropé , paragraphs 33 and 34). | 26 In that connection it should be observed that where an undertaking operates in a sector in which there is surplus production capacity and producers from various Member States compete, any aid which it may receive from the public authorities is liable to affect trade between the Member States and impair competition, inasmuch as its continuing presence on the market prevents competitors from increasing their market share and reduces their chances of increasing exports. It is sufficient to note that, on the Italian market alone, Alfa Romeo' s share was 14.6% in 1986. | 0 |
7,550 | 68. According to settled case-law, it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict for any person concerned the opportunity of relying on a provision which it has interpreted with a view to calling in question legal relationships established in good faith. Two essential criteria must be fulfilled before such a limitation can be imposed, namely that those concerned should have acted in good faith and that there should be a risk of serious difficulties (see Case C‑313/05 Brzeziński [2007] ECR I‑513, paragraph 56 and the case-law cited). | 438. It is true that the Guidelines contain important details on that point and that it may be desirable that the Commission should provide the undertakings with those details, provided that that does not mean that it anticipates its decision in an inappropriate manner. | 0 |
7,551 | 51. Furthermore, the fact that one Member State imposes less strict rules than another Member State does not necessarily mean that the stricter rules are disproportionate and hence incompatible with Community law (see Case C-294/00 Gräbner [2002] ECR I-6515, paragraph 46). | Cependant, dès lors qu’un requérant conteste l’interprétation ou l’application du droit de l’Union faite par le Tribunal, les points de droit examinés en première instance peuvent être de nouveau discutés au cours d’un pourvoi. En effet, si un requérant ne pouvait fonder de la sorte son pourvoi sur des moyens et des arguments déjà utilisés devant le Tribunal, la procédure de pourvoi serait privée d’une partie de son sens (arrêts du 3 octobre 2013, Inuit Tapiriit Kanatami e.a./Parlement et Conseil, C‑583/11 P, EU:C:2013:625, point 47 et jurisprudence citée, ainsi que du 3 décembre 2015, Italie/Commission, C‑280/14 P, EU:C:2015:792, point 43 et jurisprudence citée). | 0 |
7,552 | 25. In that connection, the Court has first of all held that the principle of legal certainty in the Community legal system and the objectives of the Brussels Convention in accordance with Article 220 EC, which is at its origin, require in all Member States a uniform application of the legal concepts and legal classifications developed by the Court in the context of that convention (see Joined Cases 9/77 and 10/77 Bavaria Fluggesellschaft and Germanair [1977] ECR 1517, paragraph 4, and Case C-432/93 SISRO [1995] ECR I-2269, paragraph 39). | 43. It must be stated that, in the main action, whilst it is true that notaries employed as civil servants are owed the charges in question, they are nevertheless required to transfer part of those charges to the public authority which employs them and which uses those monies for the financing of its official business. | 0 |
7,553 | 49
It is not necessary for that private financing to be provided principally by the pupils or their parents, as the economic nature of an activity does not depend on the service concerned being paid for by those for whom it is performed (see, by analogy, judgments of 11 September 2007, Schwarz and Gootjes-Schwarz, C‑76/05, EU:C:2007:492, paragraph 41, and of 11 September 2007, Commission v Germany, C‑318/05, EU:C:2007:495, paragraph 70). | 41. It should be noted here that it is not necessary for that private financing to be provided principally by the pupils or their parents. According to consistent case-law, Article 50 EC does not require that the service be paid for by those for whom it is performed (see, for example, Case 352/85 Bond van Adverteerders and Others [1988] ECR 2085, paragraph 16; Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I-2549, paragraph 56; Smits and Peerbooms , paragraph 57; and Skandia and Ramstedt , paragraph 24). | 1 |
7,554 | 42
In that regard, it should be noted that it is at the date of adoption of the decision authorising implementation of the project that there must be no reasonable scientific doubt remaining as to the absence of adverse effects on the integrity of the site in question (judgment of 26 October 2006, Commission v Portugal, C‑239/04, EU:C:2006:665, paragraph 24 and the case-law cited). | 24. The fact that, after its completion, the project may not have produced such effects is immaterial to that assessment. It is at the time of adoption of the decision authorising implementation of the project that there must be no reasonable scientific doubt remaining as to the absence of adverse effects on the integrity of the site in question (see, to that effect, Case C‑209/02 Commission v Austria [2004] ECR I‑1211, paragraphs 26 and 27, and Waddenvereniging and Vogelbeschermingsvereniging , paragraphs 56 and 59). | 1 |
7,555 | 77. In that regard, it must be observed that the right to take collective action for the protection of workers is a legitimate interest which, in principle, justifies a restriction of one of the fundamental freedoms guaranteed by the Treaty (see, to that effect, Schmidberger , paragraph 74) and that the protection of workers is one of the overriding reasons of public interest recognised by the Court (see, inter alia, Joined Cases C‑369/96 and C‑376/96 Arblade and Others [1999] ECR I‑8453, paragraph 36; Case C‑165/98 Mazzoleni and ISA [2001] ECR I‑2189, paragraph 27; and Joined Cases C‑49/98, C‑50/98, C‑52/98 to C‑54/98 and C‑68/98 to C‑71/98 Finalarte and Others [2001] ECR I‑7831, paragraph 33). | 82. En raison du changement majeur de circonstances mentionné au point 80 du présent arrêt, l’appréciation portée par la Commission sur ces régimes d’aides ne peut donc être considérée comme préjugeant de celle qui aurait été portée sur un régime d’aides, comprenant des mesures similaires, mais qui aurait trouvé à s’appliquer dans un contexte économique radicalement différent de celui que la Commission a pris en compte dans le cadre de son appréciation. Il s’ensuit que la compatibilité avec le marché intérieur du nouveau régime d’aides ayant fait l’objet d’une demande adressée au Conseil par la République de Pologne au titre de l’article 88, paragraphe 2, troisième alinéa, CE doit être évaluée au terme d’une appréciation individuelle distincte de celle des régimes mentionnés au point 18 du présent arrêt, effectuée en prenant en considération les circonstances économiques pertinentes au moment où ces aides sont accordées (voir, en ce sens, arrêts du 3 octobre 1991, Italie/Commission, C‑261/89, Rec. p. I‑4437, point 21, ainsi que du 21 juillet 2011, Freistaat Sachsen et Land Sachsen-Anhalt/Commission, C‑459/10 P, Rec. p. I‑109, point 48). | 0 |
7,556 | Il y a lieu de relever que, contrairement à ce que SCT Lubricants soutient, la première branche du second moyen porte sur une question de droit, qui est tirée de la méconnaissance, par le Tribunal, de l’article 8, paragraphe 1, sous b), du règlement n° 207/2009, tel qu’interprété par la Cour dans sa jurisprudence relative à la neutralisation des similitudes visuelles et phonétiques. En particulier, la Cour est appelée à déterminer si le Tribunal peut se contenter, aux fins de constater la neutralisation des similitudes présentées par deux signes, de relever que le signe antérieur renvoie à un concept clair et immédiatement perceptible et que le signe contesté ne présente pas une signification claire pouvant être perçue immédiatement par le public pertinent. | 21 ALTHOUGH THE LANDBOUWSCHAP CANNOT BE CONSIDERED TO BE DIRECTLY AND INDIVIDUALLY CONCERNED BY DECISION 85/215 AS A RECIPIENT OF THE CONTESTED AID, IT IS NONE THE LESS TRUE THAT, AS THE LANDBOUWSCHAP RIGHTLY ARGUES, ITS POSITION AS NEGOTIATOR OF GAS TARIFFS IN THE INTERESTS OF THE GROWERS IS AFFECTED BY DECISION 85/215 . | 0 |
7,557 | 35 The Court has held that Articles 5 and 85 of the Treaty are infringed where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforces their effects, or where it divests its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere (Van Eycke, paragraph 16; Reiff, paragraph 14; Delta Schiffahrts- und Speditionsgesellschaft, paragraph 14; Centro Servizi Spediporto, paragraph 21; and Commission v Italy, paragraph 54). | 28. Si certains moyens peuvent, voire doivent, être relevés d’office, tel un défaut ou une insuffisance de motivation de la décision en cause, qui relève des formes substantielles, un moyen portant sur la légalité au fond de ladite décision, qui relève de la violation des traités ou de toute règle de droit relative à leur application, au sens de l’article 263 TFUE, ne peut, en revanche, être examiné par le juge de l’Union que s’il est invoqué par le requérant (voir, en ce sens, arrêts du 2 avril 1998, Commission/Sytraval et Brink’s France, C‑367/95 P, Rec. p. I‑1719, point 67; du 30 mars 2000, VBA/Florimex e.a., C‑265/97 P, Rec. p. I‑2061, point 114, ainsi que Commission/Irlande e.a., précité, point 40). | 0 |
7,558 | 34
As regards the obligations of the referring court, it should be noted that when national courts apply domestic law they are bound to interpret that law, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and, consequently, to comply with the third paragraph of Article 288 TFEU. This obligation to interpret national law in conformity with EU law is inherent in the system of the Treaty on the Functioning of the European Union, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of EU law when they determine the disputes before them (see, inter alia, judgment of 11 April 2013, Rusedespred, C‑138/12, EU:C:2013:233, paragraph 37 and the case-law cited). | 390. The Henss/Isoplus group contends that it could not be refused that reduction on the ground of aggravating circumstances or of the fact that it refrained, in the exercise of its rights of defence, to disclose certain information to the Commission, that it provided the Commission with incorrect information or that it disputed certain facts. | 0 |
7,559 | 37. In relation to the designation of the competent authority, even if the Member States are free to delegate powers to their domestic authorities as they consider fit and to implement directives by means of measures adopted by various authorities (see Joined Cases 227/85 to 230/85 Commission v Belgium [1988] ECR 1, paragraph 9), the fact remains that individuals must be made fully aware of their rights. | 9 AS THE COURT STATED IN ITS JUDGMENTS OF 25 MAY 1982 ( CASES 96/81 AND 97/81 COMMISSION V NETHERLANDS (( 1982 )) ECR 1791 AND 1819 RESPECTIVELY ), EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT DIRECTIVES BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES . THAT DIVISION OF POWERS DOES NOT HOWEVER RELEASE IT FROM THE OBLIGATION TO ENSURE THAT THE PROVISIONS OF THE DIRECTIVE ARE PROPERLY IMPLEMENTED IN NATIONAL LAW . | 1 |
7,560 | 72. That consideration, based on the capacity of Coopservice to bring an action, which the Commission does not challenge before the Court, is in accordance with the case-law arising from the judgment in CIRFS and Others v Commission , as has been established in paragraphs 37 to 40 of this judgment. | 52. Answering this question entails verification, in the light of the material in the file, as to whether, when establishing the content of Paragraph 6 of TV-EUmw/VKA, which is referred to by the Commission in its action inasmuch as that paragraph served as the basis for the contract awards at issue, a fair balance was struck in the account taken of the respective interests involved, namely enhancement of the level of the retirement pensions of the workers concerned, on the one hand, and attainment of freedom of establishment and of the freedom to provide services, and opening-up to competition at European Union level, on the other (see, by analogy, Case C-112/00 Schmidberger [2003] ECR I-5659, paragraphs 81 and 82). | 0 |
7,561 | 62. The right of nationals of a Member State to enter the territory of another Member State and reside there for the purposes intended by the Treaty is a right conferred directly by the Treaty, or, as the case may be, by the provisions adopted for its implementation (see Case 48/75 Royer [1976] ECR 497, paragraph 31). | 18 In order to meet that objective, which is of fundamental importance in a convention which has essentially to promote the recognition and enforcement of judgments in States other than those in which they were delivered, it is necessary to avoid the multiplication of courts of competent jurisdiction which would heighten the risk of irreconcilable decisions, this being the reason for which recognition or an order for enforcement is withheld by virtue of Article 27(3 ) of the Convention . | 0 |
7,562 | 63. Il convient de rappeler que le principe d’égalité de traitement ou de non‑discrimination exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale, à moins qu’un tel traitement ne soit objectivement justifié (arrêts du 10 janvier 2006, IATA et ELFAA, C‑344/04, Rec. p. I‑403, point 95, et du 12 septembre 2006, Eman et Sevinger, C‑300/04, Rec. p. I‑8055, point 57). | 46 Furthermore, as stated above, for the purposes of calculating benefits under Community rules, the competent institution must apply Regulation No 1408/71 in its entirety and, in particular, take into account the second sentence of Article 12(2) thereof under which national provisions for reduction may not be invoked against the worker. | 0 |
7,563 | 28. There is a single supply where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split ( Levob Verzekeringen and OV Bank , paragraph 22; Case C-425/06 Part Service [2008] ECR I-897, paragraph 53; and Bog and Others , paragraph 53). There is also a single supply where one or more elements are to be regarded as constituting the principal supply, while other elements are to be regarded, by contrast, as one or more ancillary supplies which share the tax treatment of the principal supply (see, in particular, CPP , paragraph 30; Levob Verzekeringen and OV Bank , paragraph 21; and Bog and Others , paragraph 54 and case-law cited). | 21. In that regard, the Court has held that there is a single supply in particular in cases where one or more elements are to be regarded as constituting the principal supply, whilst one or more elements are to be regarded, by contrast, as ancillary supplies which share the tax treatment of the principal supply ( CPP , cited above, paragraph 30, and Case C‑34/99 Primback [2001] ECR I‑3833, paragraph 45). | 1 |
7,564 | 339. On the other hand, in so far as, in the form of order sought by it set out in the application, the Commission complains that the United Kingdom has infringed the collection obligations laid down in Article 3(1) and (2) of Directive 91/271 as regards discharges of urban waste water into Lough Neagh and Upper and Lower Lough Erne, it is to be remembered that, in accordance with the case-law, an application must, by virtue of Article 21 of the Statute of the Court of Justice and Article 38(1)(c) of the Rules of Procedure, contain inter alia a brief statement of the pleas in law on which the application is based. Accordingly, in any application lodged under Article 226 EC, the Commission must indicate the specific complaints upon which the Court is called to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based (see, inter alia, Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 28, and Case C‑456/03 Commission v Italy [2005] ECR I‑5335, paragraph 23). | 22 In such circumstances, the burden of the charge levied but not due has been borne not by the trader, but by the purchaser to whom the cost has been passed on. Therefore, to repay the trader the amount of the charge already received from the purchaser would be tantamount to paying him twice over, which may be described as unjust enrichment, whilst in no way remedying the consequences for the purchaser of the illegality of the charge. | 0 |
7,565 | 67. En raison du changement majeur de circonstances mentionné au point 65 du présent arrêt, l’appréciation portée par la Commission sur ces régimes d’aides ne peut donc être considérée comme préjugeant de celle qui aurait été portée sur un régime d’aides comprenant des mesures similaires, mais qui aurait trouvé à s’appliquer dans un contexte économique radicalement différent de celui que la Commission a pris en compte dans le cadre de son appréciation. Il s’ensuit que la compatibilité avec le marché intérieur du nouveau régime d’aides ayant fait l’objet d’une demande adressée au Conseil par la Hongrie au titre de l’article 108, paragraphe 2, troisième alinéa, TFUE doit être évaluée au terme d’une appréciation individuelle distincte de celle des régimes mentionnés au point 16 du présent arrêt, effectuée en prenant en considération les circonstances économiques pertinentes au moment où ces aides ont été accordées (voir, en ce sens, arrêts du 3 octobre 1991, Italie/Commission, C‑261/89, Rec. p. I‑4437, point 21, ainsi que du 21 juillet 2011, Freistaat Sachsen et Land Sachsen-Anhalt/Commission, C‑459/10 P, Rec. p. I‑109, point 48). | 21 Moreover, the procedure for assessing aid under Article 93(2) makes it possible to appraise any new fact capable of altering the Commission' s assessment, regard being had to the purpose of any new aid and all relevant economic circumstances at the time when the aid is granted. | 1 |
7,566 | 28. The fact that the income from employment is lower than the minimum required for subsistence does not prevent the person in such employment from being regarded as a ‘worker’ within the meaning of Article 39 EC (see Case 53/81 Levin [1982] ECR 1035, paragraphs 15 and 16, and Case C‑317/93 Nolte [1995] ECR I‑4625, paragraph 19), even if the person in question seeks to supplement that remuneration by other means of subsistence such as financial assistance drawn from the public funds of the State in which he resides (see Case 139/85 Kempf [1986] ECR 1741, paragraph 14). | 73 It follows from the wording of that provision that it provides for a possibility and not an obligation of submission. | 0 |
7,567 | 31. According to settled case‑law, for a trade mark to possess distinctive character for the purposes of that provision, it must serve to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings ( Henkel v OHIM , paragraph 34; Case C‑304/06 P Eurohypo v OHIM [2008] ECR I‑3297, paragraph 66; and Case C‑398/08 P Audi v OHIM [2010] ECR I‑0000, paragraph 33). | 62. In those circumstances, there are important grounds of legal certainty justifying the grant by the Court of the request that the effects of the contested decision, whose aim and content are not challenged, be maintained. | 0 |
7,568 | 42 On the other hand, there can be no doubt that an EC official has the status of a migrant worker. Indeed, according to settled case-law, a Community national working in a Member State other than his State of origin does not lose his status of worker within the meaning of Article 48(1) of the Treaty through occupying a post within an international organisation, even if the rules relating to his entry into and residence in the country in which he is employed are specifically governed by an international agreement (Joined Cases 389/87 and 390/87 Echternach and Moritz v Minister for Education and Science [1989] ECR 723, paragraph 11; and Case C-310/91 Schmid v Belgian State [1993] ECR I-3011, paragraph 20). | 86 Undoubtedly, the pursuit of a social objective, the abovementioned manifestations of solidarity and restrictions or controls on investments made by the sectoral pension fund may render the service provided by the fund less competitive than comparable services rendered by insurance companies. Although such constraints do not prevent the activity engaged in by the fund from being regarded as an economic activity, they might justify the exclusive right of such a body to manage a supplementary pension scheme. | 0 |
7,569 | 25. None the less, a component of a composite sign does not retain such an independent distinctive role if, together with the other component or components of the sign, that component forms a unit having a different meaning as compared with the meaning of those components taken separately (see, to that effect, order in Case C‑23/09 P ecoblue v OHIM and Banco Bilbao Vizcaya Argentaria EU:C:2010:35, paragraph 47; Becker v Harman International Industries EU:C:2010:368, paragraphs 37 and 38; and order in Perfetti Van Melle v OHIM EU:C:2011:73, paragraphs 36 and 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,570 | 27. That being so, just as Article 58(1) of the Association Agreement with Poland does not preclude the first indent of Article 37(1) of that Agreement from having direct effect (see Pokrzeptowicz-Meyer , cited above, paragraph 28), so Article 59(1) of the Association Agreement with Slovakia does not preclude the first indent of Article 38(1) of that Agreement from having direct effect, given the similarity of the provisions in question. | 55. Therefore, the answer to the first question referred for a preliminary ruling in each case should be that transactions such as those at issue in the main proceedings, which are not themselves vitiated by VAT fraud, constitute supplies of goods or services effected by a taxable person acting as such and an economic activity within the meaning of Articles 2(1), 4 and 5(1) of the Sixth Directive, where they fulfil the objective criteria on which the definitions of those terms are based, regardless of the intention of a trader other than the taxable person concerned involved in the same chain of supply and/or the possible fraudulent nature of another transaction in the chain, prior or subsequent to the transaction carried out by that taxable person, of which that taxable person had no knowledge and no means of knowledge. The right to deduct input VAT of a taxable person who carries out such transactions cannot be affected by the fact that in the chain of supply of which those transactions form part another prior or subsequent transaction is vitiated by VAT fraud, without that taxable person knowing or having any means of knowing.
The second questions | 0 |
7,571 | 27. That period, during which the taxable persons have to bear the financial burden of the VAT, at least to the extent of the part of the excess VAT over the percentage specified in Article 285, cannot be regarded as reasonable (see, to that effect, Sosnowska , paragraphs 20 and 27, and Enel Maritsa Iztok 3 , paragraph 55). Consequently, it is inconsistent with the principle of fiscal neutrality, referred to in paragraph 24 above. | 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 |
7,572 | 35. As an exception to the authorisation criterion laid down in the second sentence of Article 6(3) of the Habitats Directive, Article 6(4) can apply only after the implications of a plan or project have been analysed in accordance with Article 6(3) (Case C‑239/04 Commission v Portugal EU:C:2006:665, paragraph 35, and Sweetman and Others EU:C:2013:220, paragraph 35). | 22 It should be recalled in that respect that when the Commission requests the Court to declare that a State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement (judgment in Case C-249/88 Commission v Belgium [1991] ECR I-1275, paragraph 6). | 0 |
7,573 | 36. The European Union is a union based on the rule of law, its institutions being subject to review of the conformity of their acts, inter alia, with the Treaty and the general principles of law (see Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351, paragraph 281, and Case C-550/09 E and F [2010] ECR I-6213, paragraph 44). | 52 When determining whether or not State aid is compatible, such social aspects are, admittedly, liable to be taken into account by the Commission, but only as part of an overall assessment which includes a large number of considerations of various kinds, linked in particular to the protection of competition, regional development, the promotion of culture or again to the protection of the environment. | 0 |
7,574 | 28. However, the Court must examine the circumstances in which cases are referred to it by the national court in order to assess whether it has jurisdiction (see Kamberaj , paragraph 41). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see Case C-450/06 Varec [2008] I-581, paragraph 24). | 34. Such a threshold admittedly serves to exclude from the scope of the exemption shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking. | 0 |
7,575 | 21 In contrast to the situation in GB-Inno-BM, where those functions were carried out by the RTT, a Belgian body governed by public law, in the present case they were performed by the French Ministry for Posts and Telecommunications. As is clear from paragraphs 14 and 15 of this judgment, however, it makes no difference whether those combined functions are carried out by a body which is legally separate from the State or a Ministry. | 57. It follows from the above that, under Spanish rules of procedure, the final vesting of mortgaged property in a third party is always irreversible, even if the unfairness of the term challenged by the consumer before the court hearing the declaratory proceedings results in the annulment of the mortgage enforcement proceedings, except where that consumer made a preliminary registration of the application for annulment of the mortgage before that marginal note. | 0 |
7,576 | 33. That the contract at issue in the present case may have been of interest to undertakings located in a Member State other than Ireland is apparent both from the publication of a notice for that contract in the Official Journal of the European Union and from the fact that three of the tenderers were undertakings established in a Member State other than Ireland (see, to that effect, Wall , paragraph 35). | 26. On the contrary, it should be noted that the constituent elements of the holiday pay in question show that it may be considered an old-age benefit within the meaning of Article 4(1)(c) of Regulation No 1408/71, paid as a supplementary allowance within the meaning of Article 1(t) of Regulation No 1408/71. | 0 |
7,577 | 20 The Court has consistently stated that a benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and provided that it concerns one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, in particular, Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case 122/84 Scrivner [1985] ECR 1027, paragraphs 19 to 21; Case C-356/89 Newton [1991] ECR I-3017; and Case C-78/91 Hughes, cited above, paragraph 15). That list is exhaustive, so that a branch of social security not mentioned therein does not fall within that category even if it confers upon recipients a legally defined position entitling them to benefits (see, in particular, Case C-25/95 Otte [1996] ECR I-3745, paragraph 22). | 95. Il s’ensuit qu’une demande visant à obtenir réparation du préjudice causé par le non-respect, par le Tribunal, d’un délai de jugement raisonnable ne peut être soumise directement à la Cour dans le cadre d’un pourvoi, mais doit être introduite devant le Tribunal lui-même. | 0 |
7,578 | 48. However, considerations of social policy, of State organisation, of ethics, or even the budgetary concerns which influenced or may have influenced the establishment by the national legislature of a scheme cannot prevail if the pension concerns only a particular category of workers, if it is directly related to the period of service completed and if its amount is calculated by reference to the last salary ( Beune , paragraph 45; Evrenopoulos , paragraph 21; Griesmar , paragraph 30; Niemi, paragraph 47; and Schönheit and Becker , paragraph 58). | 12 THESE CIRCUMSTANCES , WHICH HAVE BEEN MENTIONED IN THE RECITALS IN THE PREAMBLE TO THE DISPUTED DECISION AND WHICH THE APPLICANT HAS NOT CHALLENGED , JUSTIFY THE COMMISSION ' S DECIDING THAT THE PROPOSED AID WOULD BE LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES AND WOULD THREATEN TO DISTORT COMPETITION BETWEEN UNDERTAKINGS ESTABLISHED IN DIFFERENT MEMBER STATES .
| 0 |
7,579 | 35. In those circumstances, European Union rules on public procurement are not applicable in so far as, in addition, such contracts are concluded exclusively by public entities, without the participation of a private party, no private provider of services is placed in a position of advantage vis-à-vis competitors and implementation of that cooperation is governed solely by considerations and requirements relating to the pursuit of objectives in the public interest (see, to that effect, Commission v Germany , paragraphs 44 and 47). | 53. It sho uld also be noted that aid may be selective in the light of Article 87(1) EC even where it concerns a whole economic sector (see, inter alia, Case C-75/97 Belgium v Commissio n [1999] ECR I-3671, paragraph 33). | 0 |
7,580 | 18. According to settled case-law, in order to determine whether a body making a reference is a ‘court or tribunal’ within the meaning of Article 267 TFEU, which is a question governed by European Union law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes , whether it applies rules of law and whether it is independent (see, inter alia, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23; Case C-53/03 Syfait and Others [2005] ECR I-4609, paragraph 29; Case C-246/05 Häupl [2007] ECR I-4673, paragraph 16; and the order of 14 May 2008 in Case C-109/07 Pilato [2008] ECR I-3503, paragraph 22). | 16. According to settled case-law, in order to determine whether the body making a reference is a court or tribunal for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23, and Case C-53/03 Syfait and Others [2005] ECR I-4609, paragraph 29). | 1 |
7,581 | 59. In the context of a tax rule, such as that at issue in the main proceedings, which seeks to prevent the economic double taxation of distributed profits, the situation of a corporate shareholder receiving foreign-sourced dividends is comparable to that of a corporate shareholder receiving nationally‑sourced dividends in so far as, in each case, the profits made are, in principle, liable to be subject to a series of charges to tax (see Test Claimants in the FII Group Litigation , paragraph 62). | 20 That phrase was inserted by Council Regulation No 1660/85 which entered into force on 20 June 1985. The former wording provided for the suspension of allowances due in pursuance of Article 73 of Regulation No 1408/71 from the State of employment only if the spouse exercised a professional or trade activity in the State of residence of the children. | 0 |
7,582 | 28. In stating that the VAT mentioned on an invoice is due regardless of any obligation to pay on the basis of a transaction subject to VAT, Article 21(1)(c) of the Sixth Directive seeks to eliminate the risk of loss of tax revenue which the right to deduct provided for in Article 17 of the Sixth Directive might entail (see, to that effect, Schmeink & Cofreth and Strobel, paragraphs 57 and 61; C‑78/02 to C‑80/02 Karageorgou and Others [2003] ECR I-13295, paragraphs 50 and 53; and Reemtsma Cigarettenfabriken , paragraph 23). | 90. Figurent notamment au rang des facteurs pertinents à cet égard des éléments tels que la gravité de l’infraction constatée et la période durant laquelle celle-ci a persisté depuis le prononcé de l’arrêt l’ayant constatée ainsi que la capacité de paiement de l’État membre en cause (voir arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 118 et jurisprudence citée). | 0 |
7,583 | 23 In those circumstances, when appraising this action, the Court cannot take into account either Royal Decree 2071/1995 or the draft royal decrees. | 55. Next, the Italian Government argues that that legislation, by specifying the length of service accrued under fixed-term employment contracts as a condition for benefiting from stabilisation and not as an element which may be taken into account in the context of a new permanent employment relationship, is motivated by the need to prevent reverse discrimination to the detriment of the career civil servants who are already members of the permanent staff. Indeed, if the stabilised workers could maintain their length of service, their being placed on the permanent staff would take place to the detriment of the workers already employed as civil servants on a permanent basis, following a general competition, but having a shorter length of service. Those workers would find themselves placed on the permanent staff at a lower level than that of workers benefiting from stabilisation. | 0 |
7,584 | 15 Finally, the facts in Commission v France, cited above, are also different. That case was concerned with the application to companies of tax rules which differed according to whether their registered office was in France or in another Member State, with the result that companies in the latter category received less favourable treatment that those established in France. Pursuant to Article 58 of the Treaty, companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community are to be treated, for the purposes of the chapter on the right of establishment, in the same way as natural persons who are nationals of Member States. Against that background, as the Court stated in that judgment (paragraph 18), the registered office in the sense referred to above constitutes the same factor for a company as nationality does for natural persons. However, the different tax treatment provided for in the legislation criticized by Mr Werner is applied by reference not to the nationality of natural persons but to their place of residence. | 30. It must be observed that, according to the legislation at issue in the main proceedings, the ‘splitting’ procedure is a tax advantage for spouses subject to income tax in Germany where the income received by one of them is markedly higher than that received by the other. As the Court has found, the system was introduced to mitigate the progressive nature of the income tax scales. It consists in aggregating the total income of the spouses and then notionally attributing 50% of it to each of them and taxing it accordingly. If the income of one spouse is high and that of the other low, ‘splitting’ levels out their taxable amounts and palliates the progressive nature of the income tax scales ( Schumacker , paragraph 7). | 0 |
7,585 | 18. Accordingly, the Court has ruled in particular that Article 49 EC precludes the application of national rules making reimbursement of medical costs incurred in another Member State subject to a system of prior authorisation where it is apparent that such a system deters, or prevents, insured persons from approaching providers of medical services established in Member States other than the State of insurance, save where the barrier to the freedom to provide services to which it gives rise is justifiable under one of the derogations allowed by the EC Treaty (see, in particular, Case C-158/96 Kohll [1998] ECR I-1931, paragraphs 35 and 36, and Smits and Peerbooms , paragraphs 69 to 75, and Müller-Fauré and Van Riet , paragraphs 44, 67 and 68). | 11IN RELATION TO TRADE-MARKS , THE SPECIFIC SUBJECT-MATTER IS IN PARTICULAR THE GUARANTEE TO THE PROPRIETOR OF THE TRADE-MARK THAT HE HAS THE EXCLUSIVE RIGHT TO USE THAT TRADE-MARK FOR THE PURPOSE OF PUTTING A PRODUCT INTO CIRCULATION FOR THE FIRST TIME AND THEREFORE HIS PROTECTION AGAINST COMPETITORS WISHING TO TAKE ADVANTAGE OF THE STATUS AND REPUTATION OF THE MARK BY SELLING PRODUCTS ILLEGALLY BEARING THAT TRADE-MARK .
| 0 |
7,586 | 38
Although the order for reference must, on pain of being declared inadmissible, comply with the requirements set out in Article 94 of the Rules of Procedure of the Court (see, to that effect, judgment of 5 July 2016, Ognyanov, C‑614/14, EU:C:2016:514, paragraphs 18, 19 and 21), the refusal to rule on a question referred for a preliminary ruling by a national court is however possible only where it is manifestly clear that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to enable it to give a useful answer to the questions submitted to it (judgment of 12 October 2017, Kubicka, C‑218/16, EU:C:2017:755, paragraph 32 and the case-law cited). | 65THE DOMINANT POSITION REFERRED TO IN THIS ARTICLE RELATES TO A POSITION OF ECONOMIC STRENGTH ENJOYED BY AN UNDERTAKING WHICH ENABLES IT TO PREVENT EFFECTIVE COMPETITION BEING MAINTAINED ON THE RELEVANT MARKET BY GIVING IT THE POWER TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS , CUSTOMERS AND ULTIMATELY OF ITS CONSUMERS .
| 0 |
7,587 | 74. Finally, with regard to a situation such as that in the main proceedings, in which a decision has been taken by the competent authorities of the host Member State to expel a Turkish national after his conviction there for several offences under national legislation, it must be pointed out that it is Article 14(1) of Decision 1/80 which establishes the relevant legal framework authorising the Member States to take the necessary measures. Those authorities are, however, obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security, and in addition they must observe the principle of proportionality (see, to that effect, Nazli , paragraphs 57 to 61, and, by analogy, Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraphs 39, 43 and 44). In particular, a measure ordering expulsion based on Article 14(1) of that decision may be taken only if the personal conduct of the person concerned indicates a specific risk of new and serious prejudice to the requirements of public policy. Consequently, such a measure cannot be ordered automatically following a criminal conviction and with the aim of general deterrence (see Case C-383/03 Dogan [2005] ECR I-6237, paragraph 24). | 46. However, it does not follow that the activities at issue in the main proceedings could be regarded as being services which are ‘closely related’ to ‘hospital and medical care’ within the meaning of Article 13A(1)(b) of the Sixth Directive. | 0 |
7,588 | 25. Lastly, according to the Court’s case-law, the Explanatory Notes drawn up, as regards the CN, by the Commission and, as regards the HS, by the WCO are an important aid to the interpretation of the scope of the various headings but do not have legally binding force ( BAS Trucks , paragraph 28). Moreover, although the WCO opinions classifying goods in the HS do not have legally binding force, they amount, as regards the classification of those goods in the CN, to indications which are an important aid to the interpretation of the scope of the various tariff headings of the CN (see Kawasaki Motors Europe , paragraph 36). | 24 National legislation such as Article 53a(2) of the GewO, which provides that bakers, butchers and grocers may not make sales on rounds in a given administrative district, such as an Austrian Verwaltungsbezirk, unless they also carry on their trade at a permanent establishment situated in that administrative district or in an adjacent municipality, where they also offer for sale the same goods as they do on their rounds, relates to the selling arrangements for certain goods in that it lays down the geographical areas in which each of the operators concerned may sell his goods by that method. | 0 |
7,589 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 20. The Parliament, referring to recitals 3 to 5 in the preamble to the contested Directive, claims that the main objective of the contested Directive corresponds to that of EU policy in the field of the environment, listed in Article 191(1) TFEU, particularly the objectives of the protection of human health and the prudent and rational use of natural resources. In its view, the contested Directive should have been based on Article 192(1) TFEU (see judgment in Commission v Parliament and Council , C‑411/06, EU:C:2009:518, paragraphs 45 to 47). | 0 |
7,590 | 8 As a preliminary matter, it should be recalled that the first paragraph of Article 55 of the Treaty excludes from the application of the provisions on freedom of establishment activities which in a Member State are connected, even occasionally, with the exercise of official authority. Nevertheless, as the Court ruled in Reyners (cited above, at paragraph 45), the derogation provided for in Article 55 must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority. | 45 THIS NEED IS FULLY SATISFIED WHEN THE EXCLUSION OF NATIONALS IS LIMITED TO THOSE ACTIVITIES WHICH, TAKEN ON THEIR OWN, CONSTITUTE A DIRECT AND SPECIFIC CONNEXION WITH THE EXERCISE OF OFFICIAL AUTHORITY . | 1 |
7,591 | 47 According to established case-law (see, to that effect, Case C-135/92 Fiskano v Commission [1994] ECR I-2885, paragraphs 39 and 40), a person's right to a hearing before adoption of an act concerning that person arises only where the Commission contemplates the imposition of a penalty or the adoption of a measure likely to have an adverse effect on that person's legal position. | 40 It follows from that case-law that observance of the right to be heard requires that any person on whom a penalty may be imposed must be placed in a position in which he can effectively make known his view of the matters on the basis of which the Commission imposes the penalty. | 1 |
7,592 | 6 In that regard according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26). | 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 |
7,593 | 18. With regard to the context of those provisions, which must inter alia be considered in order to interpret them (see, to that effect, Case C‑116/10 Feltgen and Bacino Charter Company [2010] ECR I‑0000, paragraph 12 and case-law cited), Article 5 of the regulation must be taken into account, as correctly stated by the applicants in the main proceedings, the Czech and Netherlands Governments and the European Commission. | 27 No new factor has emerged in these proceedings which might justify an assessment different from that made by the Court in the judgments in Punto Casa and PPV and B & Q. | 0 |
7,594 | 47
However, it is clear from the objective of Article 109 of Regulation No 207/2009, set out in paragraph 31 above and in the answer to the first and second questions, that the declinature of jurisdiction laid down in Article 109(1)(a) of the regulation may apply only to the extent that the actions brought before those courts involve the same cause of action (see, to that effect, judgment of 6 December 1994, Tatry, C‑406/92, EU:C:1994:400, paragraphs 33 and 34). | 90
Next, whilst it is true that recital 5 of Regulation No 384/96 states that the language of the WTO Anti-Dumping Agreement should be brought into EU legislation ‘as far as possible’, that expression must be understood as meaning that, even if the EU legislature intended to take into account the rules of that agreement when adopting Regulation No 384/96, it did not, however, show the intention of transposing each of those rules in that regulation (judgment in Commission v Rusal Armenal, C‑21/14 P, EU:C:2015:494, paragraph 52). | 0 |
7,595 | 41 In paragraphs 47 to 53 of Gloszczuk and paragraphs 50 to 56 of Barkoci and Malik, the Court addressed the question of the compatibility of the restrictions which the immigration legislation of the host Member State imposes on the right of establishment, and not the question of the interpretation of the expression economic activities as self-employed persons used in those Association Agreements. The Court there rejected the argument that, since the right of establishment provided for by those Agreements is equivalent to the right of establishment governed by Article 52 of the Treaty, application by the competent authorities of the host Member State of the national immigration rules requiring Polish and Czech nationals to obtain leave to enter or reside is in itself liable to render ineffective the rights granted to such persons by Article 44(3) of the Association Agreement between the Communities and Poland or Article 45(3) of the Association Agreement between the Communities and the Czech Republic. | 39. In that connection, it must be stated that the scope of Regulation No 44/2001 is, like the Brussels Convention, limited to ‘civil and commercial matters’. That scope is determined essentially according to the factors characterising the nature of the legal relationships between the parties to the action or the subject-matter of the action (see, in particular, to that effect, Case C‑420/07 Apostolides [2009] ECR I‑3571, paragraphs 42, 45 and 46 and the case-law cited). | 0 |
7,596 | 24. The legislation in question also has a restrictive effect as regards companies established in other Member States as it prevents them from raising capital in France, given that the proceeds of contracts taken out with those companies are treated less favourably from a tax point of view than proceeds payable by a company which is established in France. This means that their contracts are less attractive to investors residing in France than those of companies which are established in that Member State (for a similar situation, see Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 35, and Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 18). | 28 Article 9 indicates that the refusal to grant the whole of the premium is not the consequence of mere failure to comply with the final date for slaughter: the failure must also bring about a considerable reduction in the number of animals actually eligible, a reduction which cannot be ascribed either to natural circumstances affecting the herd (Article 9(2)) or to reasons of force majeure (Article 9(3)). | 0 |
7,597 | 17. The French Government submits, however, that that difference of treatment flows directly from the principle of fiscal territoriality, which the Court expressly recognised in Case C-250/95 Futura Participations and Singer [1997] ECR I‑2471, paragraph 22, and hence cannot be regarded as giving rise to overt or covert discrimination prohibited by the EC Treaty. | 23. Similarly, the argument of the Portuguese Republic that State liability for damage caused by acts committed by its officials and agents is already laid down in other provisions of national law cannot be accepted. As the Court held in paragraph 33 of its judgment in Commission v Portugal , that fact has no bearing on the failure to fulfil obligations constituted by maintaining Decree-Law No 48 051 in force in the national legal system. The existence of such provisions cannot, therefore, ensure compliance with that judgment. | 0 |
7,598 | 25 As the Court has held on several occasions, the dismissal of a female worker on account of pregnancy constitutes direct discrimination on grounds of sex, contrary to Article 5(1) of Directive 76/207 (Case C-179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I-3979, paragraph 13; Case C-421/92 Habermann-Beltermann [1994] ECR I-1657, paragraph 15; and Case C-32/93 Webb [1994] ECR I-3567, paragraph 19). | 35. If the Member States had the option of adopting legislation which also allowed reproductions for private use to be made from an unlawful source, the result of that would clearly be detrimental to the proper functioning of the internal market. | 0 |
7,599 | 53 That definition of the term `onset of the employer's insolvency' cannot, however, preclude the option available to the Member States, acknowledged in Article 9 of the Directive, of applying or introducing provisions that are more favourable to employees, in particular for the purpose of including unpaid remuneration during a period subsequent to the lodging of a request that proceedings to satisfy collectively the claims of creditors be opened (see also the judgment of today's date in Joined Cases C-94/95 and C-95/95 Bonifaci and Others and Berto and Others, cited above, at paragraphs 36 to 43). | 31 That difference in the treatment of taxpayers is in principle contrary to Article 52 of the Treaty. | 0 |
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