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7,600 | 113. On that basis, such a right, which was affirmed as a general principle of European Union law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, inter alia, Der Grüne Punkt — Duales System Deutschland v Commission EU:C:2009:456, paragraph 178 and the case-law cited). | 23 That justification is not acceptable. It has not been established that the confinement of bottling to a specified area was, in itself, capable of affecting the quality of the wine. | 0 |
7,601 | 17 In the second part of the first limb of the plea, the appellant criticises the Court of First Instance for having confused two totally independent compensation schemes subject to different criteria and governed by different systems of reparation: on the one hand, a lump-sum assessment scheme (Article 73 of the Staff Regulations) and, on the other, a scheme based on liability under ordinary law whereby compensation for damage is commensurate with the faults committed by the authority responsible. Comparison of the damage in question under those two schemes is possible only if the factors underlying it, namely permanent total invalidity in the case of Article 73 of the Staff Regulations and the examination of the faults which the Commission is accused of having committed in the case of the scheme based on liability, have been established at the outset. It is, after all, by reference to the faults committed by the Commission that the causal link and the damage suffered by the victim are measured. | 33. À titre liminaire, il convient de rappeler qu’il est de jurisprudence constante que la clause de «standstill» énoncée audit article prohibe de manière générale l’introduction de toute nouvelle mesure interne qui aurait pour objet ou pour effet de soumettre l’exercice par un ressortissant turc de la libre circulation des travailleurs sur le territoire national à des conditions plus restrictives que celles qui lui étaient applicables à la date d’entrée en vigueur de la décision nº 1/80 à l’égard de l’État membre concerné (voir arrêt du 17 septembre 2009, Sahin, C‑242/06, Rec. p. I‑8465, point 63 et jurisprudence citée). | 0 |
7,602 | 25. That process may be regarded as complying with settled case-law of the Court of Justice, according to which, where capital goods are used both for business and for private purposes, the taxable person has the choice, for the purposes of VAT, of (i) allocating those goods wholly to the assets of his business, (ii) retaining them wholly within his private assets, thereby excluding them entirely from the system of VAT, or (iii) integrating them into his business only to the extent to which they are actually used for business purposes (see Case C‑434/03 Charles and Charles-Tijmens [2005] ECR I‑7037, paragraph 23 and case-law cited, and Case C‑72/05 Wollny [2006] ECR I‑8297, paragraph 21). | 402. Nor can a breach of the principle non bis in idem be established, if it was based on the fact that the conduct in question has already been taken into account as an aggravating circumstance. | 0 |
7,603 | 29
It is clear from Article 3(1) of Directive 2001/29 that the concept of ‘communication to the public’ includes two cumulative criteria, namely an ‘act of communication’ of a work and the communication of that work to a ‘public’ (judgments of 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 37, and of 8 September 2016, GS Media, C‑160/15, EU:C:2016:644, paragraph 32 and the case-law cited). | 55 It should also be noted, first, that the Commission did not limit itself to finding that a certain number of organisations did not have their own technical facilities but stated that a large number of producers' organisations did not have either their own or rented facilities and that, moreover, it did not observe that the compulsory intervention funds had insufficient receipts but pointed out that those funds were often non-existent. | 0 |
7,604 | 15. As an exception to the general rule of jurisdiction set out in the Convention, Article 16 must not be given an interpretation broader than is required by its objective, since the article deprives the parties of the choice of forum which would otherwise be theirs and, in certain cases, results in their being brought before a court which is not that of the domicile of any of them (see Case 73/77 Sanders [1977] ECR 2383, paragraphs 17 and 18; Case C-115/88 Reichert and Kockler [1990] ECR I-27, paragraph 9; Case C-292/93 Lieber [1994] ECR I-2535, paragraph 12; and Case C‑8/98 Dansommer [2000] ECR I-393, paragraph 21). | 34. As the Advocate General pointed out at points 33 and 34 of her Opinion, the effect of such legislation is to make cross-frontier transfer of capital less attractive both by deterring investors who are not resident in Sweden from buying shares in companies resident in Sweden and also, consequently, by restricting the opportunities available to Swedish companies to raise capital from investors who are not resident in Sweden. | 0 |
7,605 | 21 Secondly, as the Court has consistently held, the concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of employment, by virtue of legislative provisions or on a voluntary basis (see the judgments in Boetel, cited above, paragraph 12, and in Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 12). | 12 As the Court has consistently held (see the judgment in Case 171/88 Rinner-Kuehn v FWW Spezial-Gebaeudereinigung [1989] ECR 2743 and in Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889), the concept of pay, within the meaning of the second paragraph of Article 119, comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of employment, by virtue of legislative provisions or on a voluntary basis. | 1 |
7,606 | 136 In the area of external relations, the Court has held that the Community's tasks and the objectives of the Treaty would be compromised if Member States were able to enter into international commitments containing rules capable of affecting rules adopted by the Community or of altering their scope (see Opinion 2/91, paragraph 11, and also, to that effect, the AETR judgment, paragraphs 21 and 22). | 8 After a complaint brought before the Finanzamt (Tax Office) and an appeal to the Finanzgericht (Finance Court) were dismissed, FG-Linien appealed on a point of law to the Bundesfinanzhof. | 0 |
7,607 | 44
As the Court of Justice has already stated, the wording of the second subparagraph of Article 23(2) of Regulation No 1/2003 is clear in so far as it imposes the requirement that, ‘for each undertaking and association of undertakings participating in the infringement, the fine shall not exceed 10% of its total turnover in the preceding business year’ (judgment of 4 September 2014, YKK and Others v Commission, C‑408/12 P, EU:C:2014:2153, paragraph 58). | 80. The Court has held that all administrative bodies are subject to the obligation to respect the primacy of Community law (see, inter alia, Case 103/88 Costanzo [1989] ECR 1839, paragraph 32, and Case C‑224/97 Ciola [1999] ECR I‑2517, paragraph 30). That applies to an administrative body such as the Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe. The fact that the national provisions at issue in the main proceedings were already in existence before the entry into force of the Directive is immaterial. It is also immaterial that those provisions did not make provision for the national court to disapply them in the event of their incompatibility with Community law. | 0 |
7,608 | 13 Thus, the Court has held that a scheme of benefits cannot be excluded from the scope of the directive solely because, formally, it is part of a national social security system. Such a scheme may come within the scope of the directive if its subject-matter is access to employment, including vocational training and promotion, or working conditions. However, the directive is not rendered applicable simply because the conditions of entitlement for receipt of benefits may be such as to affect the ability of a single parent to take up employment (see the judgment in Joined Cases C-63/91 and C-64/91 Jackson and Cresswell v Chief Adjudication Officer [1992] ECR I-4737, paragraphs 27, 28 and 31). | 67. That being the case, although, in the absence of such a risk, such limits have not been established, a scientific risk assessment could reveal that scientific uncertainty persists as regards the existence or extent of real risks to human health. In such circumstances, it must be accepted that a Member State may, in accordance with the precautionary principle, take protective measures without having to wait until the reality and seriousness of those risks are fully demonstrated. However, the risk assessment cannot be based on purely hypothetical considerations (see, Commission v Denmark , paragraph 49, and Commission v France , paragraph 56). | 0 |
7,609 | 41. As regards, secondly, the fact that notaries employed as civil servants and practising in the jurisdiction of the Oberlandesgericht Stuttgart are themselves owed the charges in question, unlike their colleagues in the jurisdiction of the Oberlandesgericht Karlsruhe, it must be pointed out, as the Advocate General does at point 40 of his Opinion, that it is settled case-law that charges of notaries who are civil servants for transactions covered by Directive 69/335 constitute taxes within the meaning of the directive, where those charges are, at least in part, paid to the public authority which employs them and are used to finance that authority’s official business (see, in particular, Cases C‑56/98 Modelo I [1999] ECR I‑6427, paragraph 23; C‑19/99 Modelo II [2000] ECR I‑7213, paragraph 23, and the order in Gründerzentrum , paragraph 34). | 40 As the Court has repeatedly held (see, in particular, Shenavai, paragraph 17, GIE Groupe Concorde and Others, paragraph 19, and Leathertex, paragraph 36), where these specific features of a contract of employment are lacking, it is neither necessary nor appropriate to identify the obligation which characterises the contract and to centralise at its place of performance all jurisdiction, based on place of performance, over disputes concerning all the obligations under the contract. | 0 |
7,610 | 39 Such an interpretation does not in any way run counter to the requirements of the principle of cooperation between the Community institutions and the Member States. The Member States are not required to ignore the information disclosed to them and thereby undergo ° to echo the expression used by the Commission and the national court ° "acute amnesia". That information provides circumstantial evidence which may, if necessary, be taken into account to justify initiation of a national procedure (see, to that effect, the judgment in Case 85/87 Dow Benelux v Commission, cited above, paragraphs 18 and 19). | 90. It must be observed at the outset that the Framework Agreement does not compel the Member States to adopt a measure requiring every first or single use of a fixed-term employment contract to be justified by such objective reasons. As the Court has already held, such fixed-term employment contracts are not within the scope of clause 5(1) of the Framework Agreement, which relates solely to prevention of the misuse of successive fixed-term employment contracts or relationships; the objective reasons referred to in clause 5(1)(a) thus relate only to the renewal of such contracts or relationships (see Mangold , paragraphs 41 to 43). | 0 |
7,611 | 34. It should also be pointed out that Directive 2000/60 is a framework directive adopted on the basis of Article 175(1) EC (now Article 192(1) TFEU). It establishes common principles and an overall framework for action in relation to water protection and coordinates, integrates and, in a longer perspective, develops the overall principles and the structures for protection and sustainable use of water in the European Union. The common principles and overall framework for action which it lays down are to be developed subsequently by the Member States by means of the adoption of individual measures in accordance with the timescales laid down in the directive. However, the directive does not seek to achieve complete harmonisation of the rules of the Member States concerning water (judgments in Commission v Luxembourg , C‑32/05, EU:C:2006:749, paragraph 41, and Commission v Germany , C‑525/12, EU:C:2014:2202, paragraph 50). | 36 A benefit such as the care allowance must therefore be regarded as a sickness insurance `cash benefit', as referred to in Articles 19(1)(b), 25(1)(b) and 28(1)(b) of Regulation No 1408/71. | 0 |
7,612 | 37
It must be recalled, first, that, in the context of an appeal, the purpose of review by the Court of Justice is inter alia to consider whether the General Court addressed, to the requisite legal standard, all the arguments raised by the appellant and, secondly, that the plea alleging that the General Court failed to rule on arguments relied on at first instance amounts essentially to relying on a breach of the obligation to state reasons which derives from Article 36 of the Statute of the Court of Justice of the European Union, applicable to the General Court by virtue of the first paragraph of Article 53 of that statute, and from Article 117 of the Rules of Procedure of the General Court (see, to that effect, judgment of 20 May 2010, Gogos v Commission, C‑583/08 P, EU:C:2010:287, paragraph 29, and order of 13 December 2012, Alliance One International v Commission, C‑593/11 P, not published, EU:C:2012:804, paragraph 27). | 28 Furthermore, before approving the tariffs and bringing them into force, the minister must consult the regions and the representatives of the economic sectors concerned and must have regard to the guidelines issued by the Interministerial Committee on Prices. | 0 |
7,613 | 35. However, that interpretation rests on the link of functional equivalence which exists between the criteria set out in Article 8(1) of Directive 91/414 as transitional measures and those laid down in Article 4 of that directive ( Hogan Lovells International , paragraphs 33 to 46). There is no such link of functional equivalence between the criteria laid down in Article 8(4) of Directive 91/414 and those in Article 4 thereof. | 143. It is settled case-law that, in principle, it is for the natural or legal person managing the undertaking in question when the infringement was committed to answer for that infringement, even if, at the date of the decision finding the infringement, the operation of the undertaking was no longer his responsibility (Case C‑248/98 P KNP BT v Commission [2000] ECR I‑9641, paragraph 71; Case C‑279/98 P Cascades v Commission [2000] ECR I‑9693, paragraph 78; Case C‑286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 37; and Case C‑297/98 P SCA Holding v Commission [2000] ECR I‑10101, paragraph 27). | 0 |
7,614 | 49. It must be borne in mind, first, that it is for the Member States, in the absence of harmonisation and to the extent that there is still uncertainty in the current state of scientific research, to decide on the level of protection of human health and life they wish to ensure and whether to require prior authorisation for the marketing of foodstuffs, taking into account the requirements of the free movement of goods within the Community (see Case 174/82 Sandoz [1983] ECR 2445, paragraph 16, and Commission v Denmark , cited above, paragraph 42). | 38 The effect of such an interpretation would be to render Decision No 1/80 meaningless and deprive it of any practical effect. | 0 |
7,615 | 95. It follows that requests for preliminary rulings which seek to ascertain the validity of a measure constitute, like actions for annulment, means for reviewing the legality of European Union acts (see Joined Cases C-143/88 and C-92/89 Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest [1991] ECR I-415, paragraph 18, and Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 ABNA and Others [2005] ECR I-10423, paragraph 103). | Il ressort de la jurisprudence de la Cour que l’article 14 de la directive 1999/31 instaure un régime transitoire dérogatoire
afin de mettre en conformité ces décharges avec les nouvelles exigences environnementales (voir, en ce sens, arrêt Ville d’Ottignies-Louvain-la-Neuve
e.a., C‑225/13, EU:C:2014:245, points 33 et 34). | 0 |
7,616 | 48. In the present case, it cannot be excluded that the acquisition of services intended to promote the location of private undertakings on the territory of a particular local authority may, for the reasons referred to in paragraph 45 above, be regarded as meeting a need in the general interest whose character is not industrial or commercial. In assessing whether or not such a need in the general interest is present, account must be taken of all the relevant legal and factual elements, such as the circumstances prevailing at the time when the body concerned was established and the conditions under which it exercises its activity (see, to that effect, Adolf Truley , paragraph 66). | 63
They submit that it is for the Courts of the Union to carry out the review of legality on the basis of the evidence adduced by an applicant in support of the pleas in law put forward and they lay emphasis on the fact that the Courts cannot, in carrying out that review, use the Commission’s margin of discretion in the matter. They refer in particular in that regard to the judgment of 8 December 2011, KME Germany and Others v Commission (C‑389/10 P, EU:C:2011:816, paragraph 129). | 0 |
7,617 | 33
It should be added that the dispute in the main proceedings, like the case in which judgment was given on 10 September 2009, Akavan Erityisalojen Keskusliitto AEK and Others (C‑44/08, EU:C:2009:533, paragraph 37), is linked to economic decisions which, as may be seen from the order for reference, were not directly concerned with terminating specific employment relationships, but might nevertheless have repercussions on the employment of a number of employees. | 37. First, it is to be noted that the present case relates to economic and commercial decisions which might have repercussions on the employment of a number of workers within an undertaking, and not to decisions which are directly concerned with terminating specific employment relationships. | 1 |
7,618 | 20. The representation, by a design, of the layout of a retail store is also capable of distinguishing the products or services of one undertaking from those of other undertakings and, hence, satisfying the third condition referred to at paragraph 17 of this judgment. In that regard, it suffices to observe that it cannot be ruled out that the layout of a retail outlet depicted by such a sign may allow the products or the services for which registration is sought to be identified as originating from a particular undertaking. As the French Government and the Commission have submitted, this could be the case when the depicted layout departs significantly from the norm or customs of the economic sector concerned (see, by analogy, as to signs consisting of the appearance of the product itself, Storck v OHIM , C‑25/05 P, EU:C:2006:422, paragraph 28, and Vuitton Malletier v OHIM , C‑97/12 P, EU:C:2014:324, paragraph 52). | 9 HOWEVER , CAPITAL MOVEMENTS ARE ALSO CLOSELY CONNECTED WITH THE ECONOMIC AND MONETARY POLICY OF THE MEMBER STATES . AT PRESENT , IT CANNOT BE DENIED THAT COMPLETE FREEDOM OF MOVEMENT OF CAPITAL MAY UNDERMINE THE ECONOMIC POLICY OF ONE OF THE MEMBER STATES OR CREATE AN IMBALANCE IN ITS BALANCE OF PAYMENTS , THEREBY IMPAIRING THE PROPER FUNCTIONIMG OF THE COMMON MARKET .
| 0 |
7,619 | 27
However, the term ‘arrest warrant’, contained in Article 8(1)(c) of the Framework Decision, refers only to the national arrest warrant, which is to be understood as referring to a judicial decision that is distinct from the European arrest warrant (see, to that effect, judgment of 1 June 2016, Bob-Dogi, C‑241/15, EU:C:2016:385, paragraphs 46 and 58). | 22. À cet égard, il convient de relever qu’il ressort tant du onzième considérant de la directive 87/344 que de l’article 4, paragraphe 1, de celle-ci que l’intérêt de l’assuré en protection juridique implique que ce dernier ait la liberté de choisir lui-même son avocat ou toute autre personne ayant les qualifications admises par la loi nationale dans le cadre de toute procédure judiciaire ou administrative (arrêt Stark, précité, point 28). | 0 |
7,620 | 23. According to Article 3(1)(b) of Directive 89/104, the distinctive character of a mark must be assessed in relation to the goods or services in respect of which registration is applied for and in relation to the perception of the relevant consumers (see Case C-299/99 Philips [2002] ECR I-5475, paragraphs 59 and 63, and Case C-218/01 Henkel [2004] ECR I-0000, paragraph 50). | 43
Lastly, Article 8(3) of Decision 2011/695 provides that those provisions are to apply mutatis mutandis to the disclosure of information by publication in the Official Journal of the European Union. | 0 |
7,621 | 18 In the light of the reply to the first question, the second must be understood as asking whether the limitation of the effects in time of the Barber judgment applies to the right to join an occupational pension scheme such as that at issue in the main proceedings and to the right to payment of a retirement pension where the employee was excluded from membership of such a scheme in breach of Article 119 of the Treaty. | 23. Although, as a general rule, the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise when the purpose to be attained so demands and when the legitimate expectations of the persons concerned are duly respected (see Joined Cases C-143/88 and C-92/89 Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest [1991] ECR I-415, paragraph 49, and Case C-110/97 Netherlands v Council [2001] ECR I-8763, paragraph 151). | 0 |
7,622 | 24
In that regard, it is important to point out that, under the second subparagraph of Article 9(1) of Directive 2006/112, in accordance with the requirements of the principle of neutrality of the common system of value added tax, the term ‘exploitation’ refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the goods in question on a continuing basis (see, to that effect, judgments of 26 June 2007 in T-Mobile Austria and Others, C‑284/04, EU:C:2007:381, paragraph 38, and 13 December 2007 in Götz, EU:C:2007:789, paragraph 18). | 5 THE COMMISSION HAS DISPUTED THE ADMISSIBILITY OF THE APPLICATION SUBMITTING THAT IN THE COURSE OF THE PROCEEDINGS THE APPLICANT HAD LOST ANY INTEREST IN SUING SINCE IN THE MEANTIME SHE HAS BEEN APPOINTED AN OFFICIAL OF THE EUROPEAN PARLIAMENT IN FEBRUARY 1979 . | 0 |
7,623 | 26. First of all, it is to be noted that, on the one hand, the Court has already held that a football league fixture list constitutes a ‘database’ within the meaning of Article 1(2) of Directive 96/9. The Court essentially held that the combination of the date, the time and the identity of the two teams playing in both home and away matches has autonomous informative value which renders them ‘independent materials’ within the meaning of Article 1(2) of Directive 96/9, and that the arrangement, in the form of a fixture list, of the dates, times and names of teams in the various fixtures of a football league meets the conditions set out in Article 1(2) of Directive 96/9 as to the systematic or methodical arrangement and individual accessibility of the data contained in the database (see Case C‑444/02 Fixtures Marketing [2004] ECR I‑10549, paragraphs 33 to 36). | 36. It follows that a fixture list for a football league such as that at issue in the case in the main proceedings constitutes a database within the meaning of Article 1(2) of the directive.
The scope of the sui generis right | 1 |
7,624 | 15. That directive lays down not only rules governing the procedures for granting general authorisations or rights to use radio frequencies or numbers and the content of those authorisations but also rules setting out the nature and scope of the financial payments related to those procedures which Member States may impose on undertakings in the electronic communications services sector (judgment in Belgacom and Mobistar , C‑256/13 and C‑264/13, EU:C:2014:2149, paragraph 29 and the case-law cited). | 37. The fact that cooking wine is, as such, regarded as an edible preparation does not affect that assessment. | 0 |
7,625 | 34. Secondly, it would be contrary to the objective of road safety to make a distinction such as that made by the referring court in its second question. The state of tiredness of the driver, as referred to in paragraph 25 of the judgment in Skills Motor Coaches and Others , which may endanger that objective, is likely to occur whether or not the driver of the vehicle travelling to the place where the vehicle fitted with recording equipment is to be taken over is the same as the person who, on arrival, will have to drive that latter vehicle. As the Italian Government pointed out, that state of tiredness may result not only from actually driving a vehicle, but also from the conditions in which the journey takes place, such as its duration, the time of departure or the state of the roads and, consequently, also affect the passenger as such. | 41. The application of the arrangements provided for in Article 26a of the Sixth Directive to sale and leaseback undertakings allows in those circumstances precisely the achievement of the aim of the Community legislature in adopting those arrangements, that is, to avoid double taxation and distortions of competition in the area of second-hand goods. | 0 |
7,626 | 73 As regards the cumulative effect of projects, it is to be remembered that the criteria and/or thresholds mentioned in Article 4(2) are designed to facilitate the examination of the actual characteristics exhibited by a given project in order to determine whether it is subject to the requirement to carry out an assessment, and not to exempt in advance from that obligation certain whole classes of projects listed in Annex II which may be envisaged on the territory of a Member State (Commission v Belgium, cited above, paragraph 42, Kraaijeveld, cited above, paragraph 51, and Case C-301/95 Commission v Germany [1998] ECR I-6135, paragraph 45). | 21. Nevertheless, the adoption of such measures must not neutralise the principle that emission allowances are allocated free of charge; nor may it undermine the objectives pursued by Directive 2003/87 (judgment in Iberdrola and Others , EU:C:2013:660, paragraph 30). | 0 |
7,627 | 53. It should be borne in mind, first, that evidence of identity and nationality may be provided by other means (see paragraph 25 of this judgment) and, second, that where it is not specified which means of evidence are admissible for the person concerned to establish that he comes within one of the categories referred to in Articles 1 and 4 of Directive 73/148, it must be concluded that evidence may be adduced by any appropriate means (see, to that effect, Case C-363/89 Roux [1991] ECR I‑273, paragraphs 15 and 16). | 20. In that connection, as is clear from a comparison of the various language versions of Article 3(4) of Directive 2000/76, and as Lahti Energia, Hämeen ympäristökeskus, the Finnish Government and the Commission have submitted, a unit in which waste is thermally treated will be classified as an ‘incineration plant’ only if the substances resulting from the use of that thermal treatment process are subsequently incinerated. | 0 |
7,628 | 52
With regard to tax legislation of the host Member State aimed at preventing the profits generated in that State, as a result of the use of certain tax advantages provided for by the national tax system, from being distributed without having been taxed in the hands of the taxpayer, the situation of a non-resident taxpayer conducting an economic activity in that Member State through a permanent establishment is comparable to that of a resident taxpayer. In both cases, that tax legislation seeks to permit that State to exercise its power of taxation in respect of profits coming within its tax jurisdiction (see, to that effect, judgments of 14 November 2006, Kerckhaert and Morres, C‑513/04, EU:C:2006:713, paragraph 19, and of 3 September 2014, Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraphs 77 and 78). | 24. It follows that the compliance with Community law of the national legislation at issue in the main proceedings must be examined again in the light of the principle of proportionality. | 0 |
7,629 | 70. Community law does not therefore, in principle, preclude a Member State from prohibiting, save with prior authorisation, the marketing of foodstuffs incorporating nutrients, such as vitamins other than those whose addition is lawful under Community legislation ( Commission v Denmark , paragraph 44, and Commission v France , paragraph 51, both cited above). | 22 The answer to the first question referred for a preliminary ruling must therefore be that the involvement of a holding company in the management of companies in which it has acquired a shareholding constitutes an economic activity within the meaning of Article 4(2) of the Sixth Directive where it entails carrying out transactions which are subject to VAT by virtue of Article 2 of that directive, such as the supply by a holding company to its subsidiaries of administrative, financial, commercial and technical services.
The third question | 0 |
7,630 | 34
Although it is for the national court to establish whether such an objective justification exists, the Court of Justice, which is called on to provide answers of use to the national court, may provide guidance in order to enable the national court to give judgment (see, to that effect, the judgment of 10 March 2005, Nikoloudi, C‑196/02, EU:C:2005:141, paragraphs 48 and 49). | 39. Consistency in the implementation of those exceptions, which partially overlap, could not be ensured if the Member States were free to determine the way in which fair compensation ought to be fixed for reproductions made under the same conditions, solely depending on whether they have chosen to make provision for only one of those exceptions or for both of them (either simultaneously or successively). | 0 |
7,631 | 29. When making such an assessment, the national court will have also to determine whether that restriction on the right to leave is appropriate to ensure the achievement of the objective it pursues and does not go beyond what is necessary to attain it. According to Article 27(2) of Directive 2004/38 and the Court’s settled case-law, a measure which restricts the right of freedom of movement may be justified only if it respects the principle of proportionality (see, for example, to that effect Joined Cases C‑259/91, C‑331/91 and C‑332/91 Alluè and Others [1993] ECR I‑4309, paragraph 15; Case C‑413/99 Baumbast and R [2002] ECR I‑7091, paragraph 91; and Case C‑100/01 Oteiza Olazabal [2002] ECR I‑10981, paragraph 43). | 116. À cet égard, il importe de rappeler qu’une telle dénaturation doit apparaître de façon manifeste des pièces du dossier, sans qu’il soit nécessaire de procéder à une nouvelle appréciation des faits et des preuves (arrêts du 22 décembre 2008, British Aggregates/Commission, C‑487/06 P, Rec. p. I‑10515, point 98, et du 10 février 2011, Activision Blizzard Germany/Commission, C‑260/09 P, non encore publié au Recueil, point 53 ainsi que jurisprudence citée). | 0 |
7,632 | 166. In that regard, according to the case‑law, in the absence of relevant Community rules it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, first, that such rules are not less favourable than those governing similar domestic actions (principle of equivalence) and, secondly, that they do not render in practice impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051, paragraph 17, and Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 28 and the case-law cited). | 8 IN VIEW OF THE WIDELY-DRAWN DEFINITION OF PEOPLE ENTITLED TO BENEFIT, SUCH A LEGISLATION FULFILS IN FACT A DOUBLE FUNCTION, WHICH IS ON THE ONE HAND TO GUARANTEE A MINIMUM INCOME TO HANDICAPPED PERSONS WHO ARE ENTIRELY OUTSIDE THE SOCIAL SECURITY SYSTEM AND, ON THE OTHER HAND, TO PROVIDE SUPPLEMENTARY MEANS TO PERSONS ENTITLED TO SOCIAL SECURITY BENEFITS WHO ARE PERMANENTLY INCAPACITATED FROM WORK . | 0 |
7,633 | 27. In that regard, the Court has repeatedly held that, in order to determine whether employees perform the same work or work to which equal value can be attributed, it is necessary to ascertain whether, taking account of a number of factors such as the nature of the work, the training requirements and the working conditions, those persons can be considered to be in a comparable situation (see Case C-309/97 Angestelltenbetriebsrat der Wiener Gebietskrankenkasse [1999] ECR I-2865, paragraph 17, and Brunnhofer , paragraph 43). | 22 In those circumstances, the Commission did not commit a manifest error of assessment by finding that there was a likelihood of serious disturbances on the Community market, which might endanger the objectives set out in Article 39 of the EC Treaty.
The reasons stated for the contested regulations | 0 |
7,634 | 20. However, it also follows from the case-law that citizenship of the Union, established by Article 17 EC, is not intended to extend the material scope of the Treaty to internal situations which have no link with Community law (Joined Cases C‑64/96 and C‑65/96 Uecker and Jacquet [1997] ECR I‑3171, paragraph 23, and Garcia Avello , paragraph 26). | 29 However, it cannot be inferred from those provisions that all maritime cabotage services with, or between, islands within a Member State must, by reason of the fact that islands are involved, be regarded as public services. | 0 |
7,635 | 37. Il est cependant constant que l’octroi de ce report du délai de paiement, qui est soumis à diverses conditions et ne peut, notamment, être accordé que si la situation économique et financière de l’assujetti l’empêche temporairement de s’acquitter du paiement dans les délais impartis, est dénué de tout caractère automatique. Ce dispositif ne saurait, dès lors, être considéré comme offrant à l’assujetti concerné une alternative au paiement immédiat de l’imposition et ne peut, par suite, remédier au caractère attentatoire à la liberté d’établissement que constitue un tel paiement (en ce qui concerne une telle alternative, voir arrêt National Grid Indus, précité, point 73). | 27
The principle of equal treatment and the obligation of transparency also preclude any negotiation between the contracting authority and a tenderer during a public procurement procedure, which means that, as a general rule, a tender cannot be amended after it has been submitted, whether at the request of the contracting authority or at the request of the tenderer (see, to that effect, judgments of 29 March 2012, SAG ELV Slovensko and Others, C‑599/10, EU:C:2012:191, paragraph 36, and of 10 October 2013, Manova, C‑336/12, EU:C:2013:647, paragraph 31). | 0 |
7,636 | 46. The Court has consistently held that where a capital item is used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating that item wholly to the assets of his business, (ii) retaining it wholly within his private assets, thereby excluding it entirely from the system of VAT, or (iii) – as in the case before the national court – integrating it into his business only to the extent to which it is actually used for business purposes (see, to that effect, Case C‑415/98 Bakcsi [2001] ECR I‑1831, paragraphs 24 to 34, and Case C‑269/00 Seeling [2003] ECR I‑4101, paragraphs 40 and 41). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
7,637 | 48. Nevertheless, as Article 30 EC provides, Article 28 EC does not preclude prohibitions or restrictions justified, inter alia, on grounds of protection of the health and life of humans (see Arnold André , paragraph 58, and Swedish Match , paragraph 60). | 60. Nevertheless, as Article 30 EC provides, the provisions of Articles 28 EC and 29 EC do not preclude prohibitions or restrictions on imports, exports or goods in transit justified inter alia on grounds of protection of the health and life of humans. | 1 |
7,638 | 70. It is important to note in that context that it is not necessary for such private financing to be provided mainly 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, in particular, 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). | 65. Moreover, the ‘Eyesight’ working group notes in its report a lack of scientific studies on several aspects of eyesight for drivers of power-driven vehicles. In that connection, according to the case-law of the Court, where there is uncertainty as to the existence or extent of risks to the health of individuals, the EU legislature may take protective measures without having to wait until the reality and the seriousness of those risks become fully apparent (see, to that effect, Case C‑180/96 United Kingdom v Commission EU:C:1998:192, paragraph 99; Case C‑192/01 Commission v Denmark EU:C:2003:492, paragraph 49; and Case C‑77/09 Gowan Comércio Internacional e Serviços EU:C:2010:803, paragraph 73). | 0 |
7,639 | 69. Such a reply might be useful to the national court if its national law were to require that an Italian national must be allowed to enjoy the same rights as those which a national of another Member State would derive from Community law in the same situation (Case C‑448/98 Guimont [2000] ECR I‑10663, paragraph 23; Joined Cases C‑515/99, C‑519/99 to C‑524/99 and C‑526/99 to C‑540/99 Reisch and Others [2002] ECR I‑2157, paragraph 26; Anomar and Others , paragraph 41; Servizi Ausiliari Dottori Commercialisti , paragraph 29; and Cipolla and Others , paragraph 30). | 26 In this case, it is not obvious that the interpretation of Community law requested is not necessary for the referring court. Such a reply might be useful to it if its national law were to require that an Austrian national must be allowed to enjoy the same rights as those which a national of another Member State would derive from Community law in the same situation (Guimont, cited above, paragraph 23). | 1 |
7,640 | 11 In Mines de Potasse d' Alsace (paragraphs 24 and 25) and Shevill (paragraph 20), the Court held that where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression "place where the harmful event occurred" in Article 5(3) of the Convention must be understood as being intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the plaintiff, in the courts for either of those places. | 36. Deuxièmement, selon une jurisprudence constante, une limitation des effets dans le temps d’un arrêt constitue une mesure exceptionnelle qui suppose qu’il existe un risque de répercussions économiques graves, dues en particulier au nombre élevé de rapports juridiques constitués de bonne foi sur la base de la réglementation considérée comme étant validement en vigueur et qu’il apparaisse que les particuliers et les autorités nationales avaient été incités à adopter un comportement non conforme au droit de l’Union en raison d’une incertitude objective et importante quant à la portée des dispositions du droit de l’Union, incertitude à laquelle avaient éventuellement contribué les comportements mêmes adoptés par d’autres États membres ou par la Commission européenne (voir, notamment, arrêt du 13 décembre 2012, Forposta et ABC Direct Contact, C‑465/11, point 45 et jurisprudence citée). | 0 |
7,641 | 372. Furthermore, the obligation to state reasons does not require the Court of First Instance to provide an account that follows exhaustively and one by one all the reasoning articulated by the parties to the case. The reasoning may therefore be implicit on condition that it enables the persons concerned to know why the measures in question were taken and provides the competent court with sufficient material for it to exercise its power of review (see, to that effect, Case C-120/99 Italy v Council [2001] ECR I-7997, paragraph 28). | 26 INASMUCH AS VITAMINS ARE USUALLY DEFINED AS SUBSTANCES WHICH , IN MINUTE QUANTITIES , FORM AN ESSENTIAL PART OF THE DAILY DIET AND ARE INDISPENSABLE FOR THE PROPER FUNCTIONING OF THE BODY , THEY MAY NOT , AS A GENERAL RULE , BE REGARDED AS MEDICINAL PRODUCTS WHEN THEY ARE CONSUMED IN SMALL QUANTITIES .
| 0 |
7,642 | 18 In that regard, the application of the host Member State's domestic legislation to service providers is liable to prohibit, impede or render less attractive the provision of services by persons or undertakings established in other Member States to the extent that it involves expenses and additional administrative and economic burdens (Mazzoleni and ISA, paragraph 24). | 44. By introducing into the calculation of the tax the vehicle’s age and actual annual average kilometrage, and by adding to the use of those criteria the option of taking into account, at not excessive cost, the condition of the vehicle and its equipment by means of an inspection by the competent motor vehicle registration authority, legislation such as that at issue in the main proceedings ensures that the tax is reduced in accordance with a reasonable approximation of the actual value of the vehicle. | 0 |
7,643 | 49. The recognition of a situation of urgency in a case such as the present one would run counter to the aim of Regulation No 2201/2003 to deter the wrongful removal or retention of children between Member States (see, to that effect, Case C‑195/08 PPU Rinau [2008] ECR I‑5271, paragraph 52). To accept that a measure involving a change of parental responsibility could be taken under Article 20(1) of Regulation No 2201/2003 would amount, by consolidating a factual situation deriving from wrongful conduct, to strengthening the position of the parent responsible for the wrongful removal. | 40. En effet, la valeur transactionnelle doit refléter la valeur économique réelle d’une marchandise importée et tenir compte de l’ensemble des éléments de cette marchandise qui présentent une valeur économique (arrêts Compaq Computer International Corporation, précité, point 30, et du 15 juillet 2010, Gaston Schul, C‑354/09, Rec. p. I‑7449, point 29 et jurisprudence citée). | 0 |
7,644 | 45. As regards, next, the conclusions to be drawn by a national court from a conflict between provisions of domestic law and rights guaranteed by the Charter, it is settled case-law that a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of European Union law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such a provision by legislative or other constitutional means (Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 and 24; Case C-314/08 Filipiak [2009] ECR I-11049, paragraph 81; and Joined Cases C-188/10 and C-189/10 Melki and Abdeli [2010] ECR I-5667, paragraph 43). | 49. In that connection, it should be made clear that, like the inconveniences referred to in IATA and ELFAA , a loss of time cannot be categorised as ‘damage occasioned by delay’ within the meaning of Article 19 of the Montreal Convention, and, for that reason, it falls outside the scope of Article 29 of that convention. | 0 |
7,645 | 67
Furthermore, whilst the Member States do not implement EU law in the context of the ESM Treaty, so that the Charter is not addressed to them in that context (see, to that effect, judgment of 27 November 2012, Pringle, C‑370/12, EU:C:2012:756, paragraphs 178 to 181), on the other hand the Charter is addressed to the EU institutions, including, as the Advocate General has noted in point 85 of his Opinion, when they act outside the EU legal framework. Moreover, in the context of the adoption of a memorandum of understanding such as that of 26 April 2013, the Commission is bound, under both Article 17(1) TEU, which confers upon it the general task of overseeing the application of EU law, and Article 13(3) and (4) of the ESM Treaty, which requires it to ensure that the memoranda of understanding concluded by the ESM are consistent with EU law (see, to that effect, judgment of 27 November 2012, Pringle, C‑370/12, EU:C:2012:756, paragraphs 163 and 164), to ensure that such a memorandum of understanding is consistent with the fundamental rights guaranteed by the Charter. | 16 The French, German and Greek Governments, and the United Kingdom, on the other hand, base their reasoning on the public character of Eurocontrol' s activities, in denying that the latter is an undertaking within the meaning of the Treaty rules of competition. They are supported, in particular, by the judgments of the Court on the interpretation of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, from which it is apparent that Eurocontrol must be regarded as a public authority acting in the exercise of its powers (judgments in Case 29/76 LTU v Eurocontrol [1976] ECR 1541, and in Joined Cases 9/77 and 10/77 Bavaria Fluggesellschaft and Germanair v Eurocontrol [1977] ECR 1517). More particularly, they argue that air navigation control is a supervisory activity intended to ensure public safety. The collection of route charges, for its part, is an activity carried on on behalf of the Contracting States, the charges merely constituting the consideration for the air navigation services provided by those States. | 0 |
7,646 | 67 It is settled law that the prohibition of discrimination laid down in that provision is only a specific expression of the general principle of equality which is one of the fundamental principles of Community law (see Case C-177/90 Kuehn v Landwirtschaftskammer Weser-Ems [1992] ECR I-35, paragraph 18, and Case C-98/91 Herbrink v Minister van Landbouw, Natuurbeheer en Visserij [1994] ECR I-223, paragraph 27) and which requires that comparable situations are not treated in a different manner unless the difference in treatment is objectively justified (see Joined Cases 201/85 and 202/85 Klensch and Others v Secrétaire d' Etat [1986] ECR 3477, paragraph 9, and Wuidart and Others, cited above, paragraph 13). | 26 The grounds on which that ruling is based are set out in paragraphs 99 to 103 of the judgment under appeal, which explain that the claim of failure to act ceased to have any purpose once the Commission expressed its position. | 0 |
7,647 | 44. The concept of ‘objective reasons’ must, as the Court has already held, be understood as referring to precise and concrete circumstances characterising a given activity, which are therefore capable, in that particular context, of justifying the use of successive fixed-term employment contracts. Those circumstances may result, in particular, from the specific nature of the tasks for the performance of which such contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State (judgment in Mascolo and Others , paragraph 87 and the case-law cited). | 61. Article 1(2)(d) of the Regulation provides that such matters may deal with ‘the placement of the child in a foster family or in institutional care’. | 0 |
7,648 | 50. However, it should be pointed out in that regard, first, that whether a specific transaction is subject to or exempt from VAT cannot depend on its classification in national law (see to that effect, in particular, Kingscrest Associates and Montecello , paragraph 25 and the case-law cited and Haderer , paragraph 25). Second, as follows from paragraph 22 of this judgment, the need for a uniform interpretation of Community directives makes it impossible for the text of a provision to be considered, in case of doubt, in isolation; on the contrary, it requires that it be interpreted and applied in the light of the versions existing in the other official languages (see, also, Kingscrest Associates and Montecello , paragraph 26 and the case-law cited, as well as Case C‑199/08 Eschig [2009] ECR I‑0000, paragraph 54). | 16 The term "supply of goods for the fuelling and provisioning of vessels" is capable of bearing several literal meanings . It could refer to the supply of goods which the recipient will use for the fuelling and provisioning of his vessels or the supply, at whatever stage it takes place, of goods which will subsequently be used for that purpose . | 0 |
7,649 | 35 The tenth recital in the preamble to the Directive, according to which the likelihood of confusion ... constitutes the specific condition for such protection, also confirms that interpretation (SABEL, paragraph 19). | 32. Il s’ensuit que, avant de conclure, en l’espèce, à l’existence ou à l’inexistence d’une modification importante au sens de l’article 30, paragraphe 4, du règlement n o 1260/1999, la juridiction de renvoi doit notamment vérifier si la modification litigieuse a produit un avantage indu et/ou si la nature ou les conditions de mise en œuvre s’en trouvent affectées. | 0 |
7,650 | 71. As to that submission, the fact that proceedings have been brought before a national court to challenge the decision of a competent authority which is the subject of an action for failure to fulfil obligations and the decision of that court cannot affect the admissibility of the action for failure to fulfil oblig ations brought by the Commission. The existence of the remedies available through the national courts cannot prejudice the bringing of an action under Article 226 EC, since the two procedures have different objectives and effects (see Case 31/69 Commission v Italy [1970] ECR 25, paragraph 9; Case 85/85 Commission v Belgium [1986] ECR 1149, paragraph 24; and Case C-87/02 Commission v Italy [2004] ECR I‑5975, paragraph 39).
– The action is devoid of purpose | 49 It follows that the decision authorises only exemptions which are necessary, proportionate and precisely determined. | 0 |
7,651 | 29. In this context, the Court has held that, in the absence of fraud or abuse and subject to adjustments which may be made in accordance with the conditions laid down in Article 185 of Directive 2006/112, the right to deduct, once it has arisen, is retained even if the economic activity envisaged does not give rise to taxed transactions (see INZO , paragraphs 20 and 21; Ghent Coal Terminal , paragraphs 19 to 23; Schloßstrasse , paragraph 42; Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 22; and Fini H , paragraph 22). | 32 Community law does not therefore lay down any strict interpretative criterion for the concept of risk of confusion. | 0 |
7,652 | 33. It should be borne in mind as a preliminary point that, in the context of the cooperation between the Court of Justice and the national courts provided for by Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 16 and case-law cited). | 52 It is clear from that provision that the competent authority, which is required to take into consideration the seriousness of the infringement concerned, is thus obliged to comply with the principle of proportionality. | 0 |
7,653 | 59. In so far as the Republic of Austria’s argument is intended to question whether there is an obligation on a host Member State to finance students who are not integrated there, it should be borne in mind that the Court has held previously, in respect of the provisions relating to Union citizenship, that it is legitimate for a host Member State to wish to ensure that there is a genuine link between a claimant to a benefit and the competent Member State (see, to that effect, D’Hoop , paragraph 38; Case C-138/02 Collins [2004] ECR I-2703, paragraph 67; Bidar , paragraph 57; and Vatsouras and Koupatantze , paragraph 38). | 19 The Commission' s second submission must therefore be upheld .
The third submission | 0 |
7,654 | 23 In those circumstances the Court ruled that the direct effect of Article 119 of the Treaty may be relied upon, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law (paragraph 45 of the Barber judgment, as clarified in the Ten Oever judgment). | 45 Therefore, as the Court has already held in Case C-345/99 Commission v France, paragraph 22, where, after the entry into force of the Sixth Directive, the legislation of a Member State is amended so as to reduce the scope of existing exemptions and thereby brings itself into line with the objective of the Sixth Directive, that legislation must be considered to be covered by the derogation in the second subparagraph of Article 17(6) of the Sixth Directive and is not in breach of Article 17(2). | 0 |
7,655 | 17
In that context, it is permissible, for the purpose of setting the amount of the fine, to have regard both to the overall turnover of the undertaking, which gives an indication, albeit approximate and imperfect, of its size and of its economic power, and to the proportion of that turnover accounted for by the goods in respect of which the infringement was committed, which gives an indication of the scale of the infringement (judgment of 9 July 2015 in InnoLux v Commission, C‑231/14 P, EU:C:2015:451, paragraph 47 and the case-law cited). | 7 CONSEQUENTLY , ALTHOUGH ARTICLE 222 OF THE TREATY DOES NOT CALL IN QUESTION THE MEMBER STATES ' RIGHT TO ESTABLISH A SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES , SUCH A SYSTEM REMAINS SUBJECT TO THE FUNDAMENTAL RULE OF NON-DISCRIMINATION WHICH UNDERLIES THE CHAPTER OF THE TREATY RELATING TO THE RIGHT OF ESTABLISHMENT .
| 0 |
7,656 | 120. According to case-law, where a number of legal persons may be held personally liable for participation in an infringement of the European Union’s competition rules because they form part of a single undertaking responsible for the infringement, the Commission has the power, under Article 23(2) of Regulation No 1/2003 to impose a fine for which those persons are jointly and severally liable (see, to that effect, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraphs 39 to 51). | 31 The German Government further explains that there is a social demand for minor employment, that it considers that it should respond to that demand in the context of its social policy by fostering the existence and supply of such employment and that the only means of doing this within the structural framework of the German social security scheme is to exclude minor employment from compulsory insurance. | 0 |
7,657 | 23
With regard, lastly, to the purpose of Article 132(1)(m) of the directive, it should be recalled that the objective of that provision is to encourage certain activities in the general interest, namely, services closely linked to sport or physical education supplied by non-profit-making organisations to persons taking part in sport or physical education, and, therefore, that provision seeks to promote such participation by large sections of the population (see, to that effect, judgments of 21 February 2013, Žamberk, C‑18/12, EU:C:2013:95, paragraph 23, and of 19 December 2013, Bridport and West Dorset Golf Club, C‑495/12, EU:C:2013:861, paragraph 20). | 66. The taking into account of the diploma of the person concerned, such as the maîtrise en droit granted by a French university, must therefore be carried out in the context of the assessment of the whole of the training, academic and professional, which that person is able to demonstrate. | 0 |
7,658 | 35. As regards the relevance of the provisions referred to, it is settled case-law that the fact that the terms in which a national court has framed a question referred for a preliminary ruling mention certain provisions of EU law does not preclude the Court from providing that court with all the elements of interpretation which may be of assistance in adjudicating the case pending before it, whether or not that court has referred to them in the wording of its questions (see, inter alia, Case C‑152/03 Ritter-Coulais [2006] ECR I‑1711, paragraph 29; Joined Cases C‑307/09 to C-309/09 Vicoplus and Others [2011] ECR I‑453, paragraph 22; and Case C‑248/11 Nilaş and Others [2012] ECR I-0000, paragraph 31). In that context, it is for the Court to extract from all the information provided by the national court – and, in particular, from the grounds of the decision referring the questions – the points of EU law which require interpretation, regard being had to the subject matter of the dispute (see Case C‑115/08 ČEZ [2009] ECR I‑10265, paragraph 81, and Idryma Typou , paragraph 31). | 21 On the other hand, for the purpose of calculating the basis of assessment for non-resident taxpayers, only profits and losses arising from their Luxembourg activities are taken into account in calculating the tax payable by them in that State. | 0 |
7,659 | 47. It is therefore incumbent upon the national authorities and courts to refuse the right of deduction where it is established, on the basis of objective evidence, that that right is being relied on for fraudulent or abusive ends (see, to that effect, Joined Cases C-439/04 and C-440/04 Kittel and Recolta Recycling [2006] ECR I-6161, paragraph 55; Mahagében and Dávid , paragraph 42; and Bonik , paragraph 37). | 33 IN THE ABSENCE OF ANY CRISIS AND UNTIL THE FREE MOVEMENT OF CAPITAL HAS BEEN FULLY ACHIEVED , IT MUST THEREFORE BE ACKNOWLEDGED THAT MEMBER STATES ARE EMPOWERED TO VERIFY THAT TRANSFERS OF FOREIGN CURRENCY PURPORTEDLY INTENDED FOR LIBERALIZED PAYMENTS ARE NOT DIVERTED FROM THAT PURPOSE AND USED FOR UNAUTHORIZED MOVEMENTS OF CAPITAL . IN THAT CONNECTION , MEMBER STATES ARE ENTITLED TO VERIFY THE NATURE AND GENUINENESS OF THE TRANSACTIONS OR TRANSFERS IN QUESTION .
| 0 |
7,660 | 28
That upper limit seeks to prevent fines being imposed which it is foreseeable that the undertakings, owing to their size, as determined, albeit approximately and imperfectly, by their total turnover, will not be able to pay (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 280, and of 12 July 2012, Cetarsa v Commission, C‑181/11 P, not published, EU:C:2012:455, paragraph 82). | 51 In that regard, it is clear from the case-law of the Court that the scope of Community regulations must in no case be extended to cover abuses on the part of a trader (Cremer, cited above, paragraph 21). The Court has also held that the fact that importation and re-exportation operations were not realised as bona fide commercial transactions but only in order wrongfully to benefit from the grant of monetary compensatory amounts, may preclude the application of positive monetary compensatory amounts (General Milk Products, cited above, paragraph 21). | 0 |
7,661 | 42. On this point, it must be observed that, since Article 15(2) of Directive 79/112 carried out an exhaustive harmonisation of the grounds on which the application of national rules raising obstacles to trade in foodstuffs complying with the directive may be justified, any national measure relating thereto must be assessed in the light of the provisions of that harmonising measure and not of Articles 28 EC and 30 EC (see, inter alia , Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 9; Case C-324/99 DaimlerChrysler [2001] ECR I-9897, paragraph 32; and Case C-99/01 Linhart and Biffl [2002] ECR I-9375, paragraph 18). | 78. In that regard, it should be noted that that legislation makes the granting of tax relief subject to the condition that school fees be paid to private schools approved by the German State or authorised or recognised by the law of the Land in question, which presupposes that they are established in Germany. | 0 |
7,662 | 19. In the absence of a definition in the Treaty of ‘movement of capital’ for the purposes of Article 56(1) EC, the Court has previously recognised the nomenclature which forms Annex I to Directive 88/361 as having indicative value, even though that directive was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (later Articles 69 and 70(1) of the EC Treaty; articles repealed by the Treaty of Amsterdam), it being understood that, in accordance with the introduction to that annex, the list it contains is not exhaustive (see, inter alia, Case C‑513/03 van Hilten-van der Heijden [2006] ECR I‑1957, paragraph 39; Eckelkamp and Others , paragraph 38; Arens-Sikken , paragraph 29; and Block , paragraph 19). Gifts and endowments appear under heading XI, ‘Personal capital movements’, of Annex I to Directive 88/361 (Case C‑318/07 Persche [2009] ECR I‑359, paragraph 24). | 252THE QUESTIONS THEREFORE TO BE DETERMINED ARE WHETHER THE DIFFERENCE BETWEEN THE COSTS ACTUALLY INCURRED AND THE PRICE ACTUALLY CHARGED IS EXCESSIVE , AND , IT THE ANSWER TO THIS QUESTION IS IN THE AFFIRMATIVE , WHETHER A PRICE HAS BEEN IMPOSED WHICH IS EITHER UNFAIR IN ITSELF OR WHEN COMPARED TO COMPETING PRODUCTS .
| 0 |
7,663 | 71. The Court has consistently held that Article 30 of the Treaty aims to prohibit all rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (Case 8/74 Dassonville [1974] ECR 837, paragraph 5). | 20. Since the question referred refers both to the provisions of the Treaty relating to the freedom of establishment, the freedom to provide services and the free movement of capital, it is necessary first to determine which freedom is at issue in the main proceedings. | 0 |
7,664 | 76
The Framework Decision thus seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the objective set for the European Union to become an area of freedom, security and justice, founded on the high level of confidence which should exist between the Member States (see judgments in Melloni, C‑399/11, EU:C:2013:107, paragraph 37; F., C‑168/13 PPU, EU:C:2013:358, paragraph 35; and Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 28). | 62. Third, under the BeamtVG, the amount of pension is calculated by reference to the official's final pensionable salary. | 0 |
7,665 | 56 Accordingly, it cannot be regarded as contrary to Community law for national law, as far as the cancellation of administrative measures and the recovery of sums wrongly paid by public authorities are concerned, to take into account, in addition to the principle of legality, the principles of the protection of legitimate expectations and legal certainty, since those principles form part of the legal order of the Community (see, to that effect, Deutsche Milchkontor, cited above, paragraph 30, Joined Cases C-31/91 to C-44/91 Lageder and Others [1993] ECR I-1761, paragraph 33 and Joined Cases C-80/99 to C-82/99 Flemmer and Others [2001] ECR I-7211, paragraph 60). | 20. In that regard, it should be noted that the prohibition of pyramid promotional schemes is based, in all language versions of Annex I, point 14 of Regulation 2005/29, on three common conditions. First, such a promotion is based on the promise that the consumer will have the opportunity of making a commercial profit. Next, the realisation of that promise depends on the introduction of other consumers into the scheme. Finally, the greater part of the revenue to fund the compensation promised to consumers does not result from a real economic activity. | 0 |
7,666 | 32
As the Court has repeatedly held, national courts have the widest discretion in referring questions to the Court involving interpretation of relevant provisions of EU law (see, to that effect, judgment in Rheinmühlen-Düsseldorf, 166/73, EU:C:1974:3, paragraph 3), that discretion being replaced by an obligation for courts of final instance, subject to certain exceptions recognised by the Court’s case-law (see, to that effect, judgment in Cilfit and Others, 283/81, EU:C:1982:335, paragraph 21 and operative part). A rule of national law cannot prevent a national court, where appropriate, from using that discretion, (see to that effect, judgments in Rheinmühlen-Düsseldorf, 166/73, EU:C:1974:3, paragraph 4; Melki and Abdeli, C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 42, and Elchinov, C‑173/09, EU:C:2010:581, paragraph 27) or complying with that obligation. | 21 IN THE LIGHT OF ALL THOSE CONSIDERATIONS , THE ANSWER TO THE QUESTION SUBMITTED BY THE CORTE SUPREMA DI CASSAZIONE MUST BE THAT THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY IS TO BE INTERPRETED AS MEANING THAT A COURT OR TRIBUNAL AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW IS REQUIRED , WHERE A QUESTION OF COMMUNITY LAW IS RAISED BEFORE IT , TO COMPLY WITH ITS OBLIGATION TO BRING THE MATTER BEFORE THE COURT OF JUSTICE , UNLESS IT HAS ESTABLISHED THAT THE QUESTION RAISED IS IRRELEVANT OR THAT THE COMMUNITY PROVISION IN QUESTION HAS ALREADY BEEN INTERPRETED BY THE COURT OR THAT THE CORRECT APPLICATION OF COMMUNITY LAW IS SO OBVIOUS AS TO LEAVE NO SCOPE FOR ANY REASONABLE DOUBT . THE EXISTENCE OF SUCH A POSSIBILITY MUST BE ASSESSED IN THE LIGHT OF THE SPECIFIC CHARACTERISTICS OF COMMUNITY LAW , THE PARTICULAR DIFFICULTIES TO WHICH ITS INTERPRETATION GIVES RISE AND THE RISK OF DIVERGENCES IN JUDICIAL DECISIONS WITHIN THE COMMUNITY .
| 1 |
7,667 | 23. Accordingly, national legislation introducing a technical framework governing how insurance undertakings are to calculate their premiums is not contrary to the principle of freedom to set rates on the sole ground that that technical framework affects premium rate changes (see, to that effect, Case C‑346/02 Commission v Luxembourg , paragraph 25; Case C‑347/02 Commission v France , paragraph 26; and Case C‑518/06 Commission v Italy , paragraph 105). | 34 For the same reasons, once the Court of First Instance has found the existence of damage, it alone has jurisdiction to assess, within the confines of the claim, the method and extent of compensation for the damage (see Commission v Brazzelli Lualdi and Others, paragraph 66, and Case C-259/96 P Council v De Nil and Impens [1998] ECR I-2915, paragraph 32). | 0 |
7,668 | 21
In order to answer that question, it must be recalled, as a preliminary point, that, according to settled case-law, the applicable directive is, as a rule, the one in force when the contracting authority chooses the type of procedure to be followed and decides definitively whether it is necessary for a prior call for competition to be issued for the award of a public contract. Conversely, a directive is not applicable if the period prescribed for its transposition expired after that point in time (judgments of 10 July 2014, Impresa Pizzarotti, C‑213/13, EU;C:2014:2067, paragraph 31 and the case-law cited, and of 7 April 2016, Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraph 83). | 83
In order to answer that question, it must be recalled, as a preliminary point, that, according to settled case-law, the applicable directive is, as a rule, the one in force when the contracting authority chooses the type of procedure to be followed and decides definitively whether it is necessary for a prior call for competition to be issued for the award of a public contract. Conversely, a directive is not applicable if the period prescribed for its transposition expired after that point in time (judgment in Impresa Pizzarotti , C‑213/13, EU;C:2014:2067, paragraph 31 and the case-law cited). | 1 |
7,669 | 59 The Court has consistently held in this regard that it is incumbent on the national courts to safeguard the rights of individuals when faced with any disregard by national authorities of the prohibition on the implementation of aid, which is set out in the final sentence of Article 93(3) of the Treaty and is directly effective. Such disregard, if relied on by individuals and confirmed by the national courts, must lead those courts to draw from it all the consequences in accordance with their national law, without their decisions, however, implying an assessment of the compatibility of the aid with the common market, which is a matter within the exclusive competence of the Commission, subject to review by the Court (see CELBI, cited above, paragraph 23, Case C-354/90 Fédération Nationale du Commerce Extérieur des Produits Alimentaires and Syndicat National des Négociants et Transformateurs de Saumon [1991] ECR I-5505, paragraph 14, and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraphs 40 and 42). | 17 The second definition, however, refers to the function of medicinal products; it covers all products which are intended to restore, correct or modify physiological functions and which may thus have an effect on health in general. | 0 |
7,670 | 66. A residence requirement of that kind can be justified only if it is based on objective considerations that are independent of the nationality of the persons concerned and proportionate to the legitimate aim of the national provisions (Case C-274/96 Bickel and Franz [1998] ECR I-7637, paragraph 27). | 40. Under Article 9(1) of Directive 2006/112, a taxable person means any person who, independently, carries out any economic activity, whatever the purpose or results of that activity. | 0 |
7,671 | 134. With regard to the third plea relied on by EnBW, it should be noted that it is apparent from the general presumptions referred to at paragraphs 92, 93 and 114 above that the documents covered by those presumptions fall outside the scope of the obligation to disclose their content, in full or in part (see Commission v Éditions Odile Jacob , paragraph 133). | 28 Even where the default has been remedied after the time-limit given in the reasoned opinion has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur, as a result of its default towards other Member States, the Community or private parties (see, inter alia, Case C-29/90 Commission v Greece [1992] ECR I-1971, paragraph 12). | 0 |
7,672 | 16 According to settled case-law of the Court of Justice, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, however, that such rules are not less favourable than those governing similar domestic actions and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (Rewe, paragraph 5, Comet, paragraphs 13 and 16, both cited above, and, more recently, Case C-312/93 Peterbroeck v Belgian State [1995] ECR I-4599, paragraph 12). | 36 There is nothing in the wording of that provision to indicate that the appeal before the customs authority is a mandatory stage prior to lodging an appeal before the independent body. | 0 |
7,673 | 60. In order to determine whether there is a ‘transfer’ of the undertaking within the meaning of Article 1(1) of Directive 77/187, the decisive criterion is whether the entity in question keeps its identity after being taken over by the new employer (see, in particular, Case 24/85 Spijkers , [1986] ECR 1119, paragraphs 11 and 12; UGT-FSP , paragraph 22). | 15. As regards, in the first place, the duty-free importation, Regulation No 918/83 lays down conditions in relation to (i) the importer and (ii) the nature of the property imported. | 0 |
7,674 | 20. On this point, it must be noted that, according to settled case‑law of the Court, 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 Case C‑196/09 Miles and Others [2011] ECR I‑5105, paragraph 37 and the case‑law cited). | 76. Ainsi qu’il ressort de la jurisprudence de la Cour, il y a violation du principe d’égalité de traitement, applicable au droit de la fonction publique communautaire, lorsque deux catégories de personnes dont les situations factuelles et juridiques ne présentent pas de différence essentielle se voient appliquer un traitement différent lors de leur recrutement et qu’une telle différence de traitement n’est pas objectivement justifiée (voir, en ce sens, arrêt du 11 janvier 2001, Martínez del Peral Cagigal/Commission, C‑459/98 P, Rec. p. I‑135, point 50). | 0 |
7,675 | 32 In the Lorenz case-law, and in later judgments (see, for example Case 84/82 Germany v Commission [1984] ECR 1451, paragraphs 11 and 12), the Court recognised that the preliminary stage of the procedure for reviewing aid under Article 93(3) is intended merely to allow the Commission to form a prima facie opinion of the partial or complete conformity with the Treaty of the aid schemes notified to it. The purpose of that provision, which seeks to prevent the implementation of aid contrary to the Treaty, requires that the prohibition laid down in that respect by the last sentence of Article 93(3) should be effective during the whole of the preliminary stage. That is why, in order to take account of the interest of Member States in being informed of the position quickly in spheres where the necessity to intervene may be of an urgent nature, the Commission must act diligently. If, after being informed by a Member State of a plan to grant aid, the Commission fails to initiate the contentious procedure within a reasonable period of time, the Member State may, after giving prior notice to the Commission, put the aid in question into effect, whereupon it will come under the system for existing aid. Guided by Articles 173 and 175 of the EC Treaty (now Article 232 EC), the Court has held that a reasonable delay should not exceed two months. | 22. En outre, il y a lieu de rappeler que les véhicules automobiles présents sur le marché dans un État membre sont des «produits nationaux» de celui-ci, au sens de l’article 110 TFUE (voir arrêt Tatu, précité, point 55). | 0 |
7,676 | 45. It should also be noted that, under the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and 120(c) of the latter’s Rules of Procedure, in any application made under Article 258 TFEU, the Commission must indicate the specific complaints on which the Court is called upon to rule (Case C‑132/09 Commission v Belgium [2010] ECR I‑8695, paragraph 36 and the case-law cited). | 16 In such circumstances, the essential function of the trade mark would be jeopardized if the proprietor of the trade mark could not exercise the right conferred on him by national legislation to oppose the importation of similar goods bearing a designation liable to be confused with his own trade mark, because, in such a situation, consumers would no longer be able to identify for certain the origin of the marked goods and the proprietor of the trade mark could be held responsible for the poor quality of goods for which he was in no way accountable . | 0 |
7,677 | 26. According to the Court, the exclusion of non-resident companies from such a scheme is justified in view of the need to safeguard the balanced allocation of the power to impose taxes between the Member States. Since the parent company is at liberty to decide to form a tax entity with its subsidiary and, with equal liberty, to dissolve such an entity from one year to the next, the possibility of including a non-resident subsidiary in the single tax entity would be tantamount to granting the parent company the freedom to choose the tax scheme applicable to the losses of that subsidiary and the place where those losses are taken into account (judgment in X Holding , C‑337/08, EU:C:2010:89, paragraphs 31 to 33). | 36. While the Member States are entitled to set a ceiling to the liability for outstanding claims, they are bound to ensure, within the limit of that ceiling, the payment of all the outstanding claims in question. | 0 |
7,678 | 21. In the main proceedings, it must be observed that the effect of imposing an MPU is that it will be impossible, in any event, for the retail selling price of wines, produced locally or imported, to be lower than the obligatory minimum price. Such a measure is therefore liable to undermine competition by preventing some producers or importers from taking advantage of lower cost prices so as to offer more attractive retail selling prices (see, to that effect, judgments in Commission v France , C‑197/08, EU:C:2010:111, paragraph 37, and Commission v Ireland , C‑221/08, EU:C:2010:113, paragraph 40). | 119
It is settled case-law that, under the procedure of cooperation established by Article 267 TFEU, it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see judgment in Accor, C‑310/09, EU:C:2011:581, paragraph 37 and the case-law cited). | 0 |
7,679 | 28. It should be recalled, at the outset, that while Article 73 of Regulation No 1408/71 provides that a worker subject to the legislation of a Member State is entitled, in respect of the members of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State as if they were residing in that State, that provision, albeit a general rule governing family benefits, is not however an absolute rule (see judgments in Schwemmer , EU:C:2010:605, paragraphs 41 and 42, and Wiering , C‑347/12, EU:C:2014:300, paragraph 40). | 50. À cet égard, 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 11 septembre 2007, Lindorfer/Conseil, C‑227/04 P, Rec. p. I‑6767, point 63). | 0 |
7,680 | 126. So far as concerns the principle of proportionality, in order to establish whether a provision of Community law complies with that principle, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it ( Antillean Rice Mills and Others v Commission , paragraph 52). | 51 In the light of all the foregoing considerations, the answer to the question raised by the Verwaltungsgericht Köln must be that the second paragraph of Article 7 of Decision No 1/80 must be interpreted as follows:
a Turkish national such as the plaintiff in the main proceedings is entitled to respond to any offer of employment in the host Member State after having completed a course of vocational training there, and consequently to be issued with a residence permit, when one of his parents has in the past been legally employed in that State for at least three years;
however, it is not required that the parent in question should still work or be resident in the Member State in question at the time when his child wishes to gain access to the employment market there. | 0 |
7,681 | 61
In that regard, first of all, it should be noted that the age limit of 65 may be regarded as sufficiently high to serve as the endpoint for authorisation to practise as a pilot in the field of commercial air transport (see, by analogy, judgment of 12 January 2010, Petersen, C‑341/08, EU:C:2010:4, paragraph 52). | 21. In accordance with settled case-law, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action (see, inter alia, Case C‑317/92 Commission v Germany [1994] ECR I‑2039, paragraph 4). | 0 |
7,682 | 41. The Republic of Austria cannot, outside the period laid down by Article 230 EC, contest the lawfulness of an act adopted by the Community legislature which has become final with respect to it. It is settled case-law that a Member State cannot properly plead the unlawfulness of a directive or decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision or comply with that directive (see, inter alia, Case C-74/91 Commission v Germany [1992] ECR I-5437, paragraph 10, and Case C-154/00 Commission v Greece [2002] ECR I-3879, paragraph 28). | 81. According to those same recitals, the production of feta commenced in 1972 in Germany, in 1931 in France and in the 1930s in Denmark. | 0 |
7,683 | 93. Next it should be borne in mind that the Court has consistently held that prohibited discrimination can arise where comparable situations are treated differently, unless such treatment is objectively justified (see, to that effect, Case C‑309/89 Codorniu v Council [1994] ECR I‑1853, paragraph 26, and Case C‑375/99 Spain v Commission [2001] ECR I‑5983, paragraph 28). | 159. Consequently, the answer to the question referred is that Article 2(a) of the Copyright Directive must be interpreted as meaning that the reproduction right extends to transient fragments of the works within the memory of a satellite decoder and on a television screen, provided that those fragments contain elements which are the expression of the authors’ own intellectual creation, and the unit composed of the fragments reproduced simultaneously must be examined in order to determine whether it contains such elements.
3. The exception in Article 5(1) of the Copyright Directive to the reproduction right (Question 5 in Case C-403/08) | 0 |
7,684 | 25 The Court held at paragraph 21 of the judgment in Rönfeldt that the question referred by the national court in that case had to be construed as asking whether the loss of social security advantages which the workers concerned incurred because conventions between Member States had been rendered inoperative by the entry into force of Regulation No 1408/71 was compatible with Articles 48 and 51 of the Treaty. The reply given in that case accordingly relates to all social security advantages covered by Regulation No 1408/71, whether they are acquired once and for all or whether they cover the insured for a temporary period. In that connection it must be observed that, whilst the principles laid down in Rönfeldt relate to retirement benefits, which are undoubtedly characterised by immutability, they also apply to invalidity benefits which, like unemployment benefit, can vary and, in certain cases, be temporary (see to that effect Case C-475/93 Thévenon [1995] ECR I-3813, paragraphs 2, 26 and 27, and Joined Cases C-31/96, C-32/96 and C-33/96 Naranjo Arjona and Others [1997] ECR I-5501, paragraphs 2 and 29). There is therefore no real qualitative difference between those various benefits in terms of their classification in Rönfeldt as social security advantages. | 27 It is therefore for the Commission to determine whether it is expedient to take action against a Member State and what provisions, in its view, the Member State has infringed, and to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action (see Case C-317/92 Commission v Germany [1994] ECR I-2039, paragraph 4). | 0 |
7,685 | 55. The Court has already held that the acts referred to in Article 12(1)(d) of the Directive include non-deliberate acts (see Commission v United Kingdom , paragraphs 73 to 79). By not limiting the prohibition laid down in Article 12(1)(d) of the Directive to deliberate acts, which it has done in respect of acts referred to in Article 12(1)(a) to (c), the Community legislature has demonstrated its intention to give breeding grounds or resting places increased protection against acts causing their deterioration or destruction. Given the importance of the objectives of protecting biodiversity which the Directive aims to achieve, it is by no means disproportionate that the prohibition laid down in Article 12(1)(d) is not limited to deliberate acts. | 31. Contractual terms which have not been individually negotiated, in particular those which are drafted for general use, do not contain, as such, personal information relating to lawyers’ clients, disclosure of which might undermine the confidentiality of the legal profession. | 0 |
7,686 | 46. With regard to the argument concerning infringement of the principle of equal treatment, it is true that the case-law of the Court of Justice makes clear that the exercise of unlimited jurisdiction in respect of the determination of fines cannot result in discrimination between undertakings which have participated in an agreement contrary to Article 101(1) TFEU (see, inter alia, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraph 617, and Case C‑407/04 P Dalmine v Commission [2007] ECR I‑829, paragraph 152). If the General Court intends, in the case of one of those undertakings, to depart specifically from the method of calculation followed by the Commission, which it has not called into question, it must give reasons for doing so in the judgment under appeal (Case C‑338/00 P Volkswagen v Commission [2003] ECR I‑9189, paragraph 146). | 80. Le fait que le Tribunal est, sur le fond, parvenu à une autre conclusion que le requérant ne saurait en soi entacher l’arrêt attaqué d’un défaut de motivation. | 0 |
7,687 | 49. Moreover, as regards the Italian legislation relating to betting and gambling, the Court has held previously that the objective of combating criminality linked to betting and gambling is capable of justifying restrictions on fundamental freedoms under those rules (see judgment in Biasci and Others , C‑660/11 and C‑8/12, EU:C:2013:550, paragraph 23). | 39. That preliminary comment having been made, it is necessary to point out that the prohibition laid down in Article 7(3) of Regulation No 423/2007 is framed in particularly broad terms, as evidenced by the use of the words ‘directly or indirectly’ (see, by analogy, Case C‑117/06 Möllendorf and Möllendorf-Niehuus [2007] ECR I‑8361, paragraph 50, and Case C‑550/09 E and F [2010] ECR I‑6213, paragraph 66). | 0 |
7,688 | 17 The Court has consistently held in this regard (see Case C-103/94 Krid v CNAVTS [1995] ECR I-719, paragraphs 21 to 23, and, by analogy, Kziber, cited above, paragraphs 15 to 22, Case C-58/93 Yousfi v Belgian State [1994] ECR I-1353, paragraphs 16 to 18, and Case C-126/95 Hallouzi-Choho v Bestuur van de Sociale Verzekeringsbank [1996] ECR I-4807, paragraph 19, dealing with Article 41(1) of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 27 April 1976 and concluded on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978 (OJ 1978 L 264, p. 1), a provision drafted in the same terms as Article 39(1) of the EEC-Algeria Cooperation Agreement) that Article 39(1) of the Agreement, which lays down in clear, precise and unconditional terms a prohibition of discrimination, based on nationality, against workers of Algerian nationality and the members of their families living with them in the field of social security, contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure in respect of any question other than the matters mentioned in paragraphs 2, 3 and 4 of that article. In those judgments, the Court added that the object of the Agreement, which is to promote overall cooperation between the Contracting Parties, in particular in the field of labour, confirms that the principle of non-discrimination enshrined in Article 39(1) is capable of governing directly the legal position of individuals. | 31. That weighing exercise can be conducted by the national courts and tribunals only on a case‑by‑case basis, according to national law, and taking into account all the relevant factors in the case. | 0 |
7,689 | 16
As the referring court has observed, inheritances consisting in the transfer to one or more persons of assets left by a deceased person constitute, according to the settled case-law of the Court, movements of capital within the meaning of Article 63 TFEU, except in cases where their constituent elements are confined within a single Member State (see, to that effect, judgments of 23 February 2006 in van Hilten-van der Heijden, C‑513/03, EU:C:2006:131, paragraphs 39 to 42; of 17 January 2008 in Jäger, C‑256/06, EU:C:2008:20, paragraphs 24 and 25; of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraphs 19 and 20; and of 3 September 2014 in Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraphs 52 and 53). | 67. It follows that, contrary to what the appellant alleges, the Court of First Instance found that the limitation on re-exports, which was the objective pursued by the appellant, also resulted from the business conduct of the Italian dealers and that this conduct was influenced by the appellant, it being, furthermore, common ground that the means employed for that purpose, in particular the restricted supply of vehicles, resulted from clauses in the dealership contract and had thus received the agreement of the dealers. | 0 |
7,690 | 83. Faced with a series of infringements as serious as those found by the Commission, it is for the Member State concerned to adduce the most detailed and comprehensive evidence that the Commission’s findings are incorrect. That Member State cannot rebut the Commission’s findings by mere assertions which are not substantiated by evidence of a reliable and operational supervisory system (see Case C-157/00 Greece v Commission , paragraphs 17 and 18). | 17. In that regard, it should be borne in mind that Article 2(d) of the Directive gives a particularly wide definition to the concept of commercial practices: ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers’. | 0 |
7,691 | 39. It is settled law that Article 6(3) of the Habitats Directive makes the requirement for an appropriate assessment of the implications of a plan or project conditional on there being a probability or a risk that the plan or project in question will have a significant effect on the site concerned. In the light, in particular, of the precautionary principle, such a risk exists if it cannot be excluded on the basis of objective information that the plan or project will have a significant effect on the site concerned (see Case C‑127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I‑7405, paragraphs 43 and 44; Case C‑6/04 Commission v United Kingdom [2005] ECR I-9017, paragraph 54; and Case C‑418/04 Commission v Ireland [2007] ECR I‑10947, paragraph 226). | 141. To the extent that the provisions concerning minium capital are incompatible with freedom of establishment, as guaranteed by the Treaty, the same must necessarily be true of the penalties attached to non-compliance with those obligations, that is to say, the personal joint and several liability of directors where the amount of capital does not reach the minimum provided for by the national legislation or where during the company ' s activities it falls below that amount. | 0 |
7,692 | 44. Articles 87(3)(c) and 88 EC expressly state that the Commission ‘may’ consider aid covered by the first of those two provisions to be compatible with the common market. Accordingly, whilst the Commission must always determine whether State aid subject to review by it is compatible with the common market, even if that aid has not been notified to it (see Case C-301/87 France v Commission (the ‘ Boussac Saint Frères ’ case) [1990] ECR I-307, paragraphs 15 to 24), it is not bound to declare such aid compatible with the common market (see Case C-409/00 Spain v Commission , cited above, paragraph 94). | 73 It follows from the wording of that provision that it provides for a possibility and not an obligation of submission. | 0 |
7,693 | 81. It should be pointed out in that regard that, in the absence of unifying or harmonising measures at Community level for the elimination of double taxation, the Member States retain competence for determining the criteria for taxation on income with a view to eliminating double taxation by means, inter alia, of international agreements. In those circumstances, the Member States remain at liberty to determine the connecting factors for the allocation of fiscal jurisdiction by means of bilateral agreements (see Gilly , paragraphs 24 and 30; Saint-Gobain ZN , paragraph 57; D ., paragraph 52; and Bouanich , paragraph 49). | 68. As regards judicial review of compliance with those conditions, since the ESCB is required, when it prepares and implements an open market operations programme of the kind announced in the press release, to make choices of a technical nature and to undertake forecasts and complex assessments, it must be allowed, in that context, a broad discretion (see, by analogy, judgments in Afton Chemical , C‑343/09, EU:C:2010:419, paragraph 28, and Billerud Karlsborg and Billerud Skärblacka , C‑203/12, EU:C:2013:664, paragraph 35). | 0 |
7,694 | 38. The observance of those requirements must be analysed by reference to the role of the rules concerned in the procedure viewed as a whole, to the conduct of that procedure and to the special features of those rules, before the various national instances (see, to that effect, Peterbroeck , paragraph 14; Case C‑326/96 Levez [1998] ECR I-7835, paragraph 44; and Case C-63/08 Pontin [2009] ECR I‑10467, paragraphs 46 and 47 and the case-law cited). | 66
In addition, it must be stressed that that age limit does not have the automatic effect of forcing the persons concerned to withdraw definitively from the labour market, as that limit does not establish a mandatory scheme of automatic retirement and does not necessarily entail the termination of the employment contract of an employee on the ground that he has reached the age of 65 (see, by analogy, judgment of 5 July 2012, Hörnfeldt, C‑141/11, EU:C:2012:421, paragraph 40). | 0 |
7,695 | 64. Even in the absence of harmonisation on the issue, the freedom to provide services, as a fundamental principle of the Treaty, can be limited only by legislation justified by overriding requirements relating to the public interest, and applicable to all individuals and undertakings carrying on business in the territory of the host State, to the extent that that interest is not safeguarded by the rules to which such a service provider is subject in the Member State in which it is established (see, in particular, Arblade and Others , paragraphs 34 and 35; Case C-164/99 Portugaia Construções [2002] ECR I-787, paragraph 19, and Case C-445/03 Commission v Luxembourg [2004] ECR I-10191, paragraph 21). | 29. In order to fulfil its function, the graphic representation within the meaning of Article 2 of the Directive must be clear, precise, self-contained, easily accessible, intelligible, durable and objective (Sieckmann , paragraphs 47 to 55). | 0 |
7,696 | 21 Moreover, contrary to the Danish Government's argument that the prohibition on keeping certain bees on the island of Læsø must be regarded as a regulation on selling arrangements within the meaning of the judgment in Joined Cases C-267/91 and C-268/91 Keck and Mithouard [1993] ECR I-6097, this Court finds, on the contrary, that the legislation in question concerns the intrinsic characteristics of the bees. In those circumstances, its application to the facts of the case cannot be a matter of a selling arrangement within the meaning of the judgment in Keck and Mithouard (Case C-368/95 Familiapress v Heinrich Bauer Verlag [1997] ECR I-3689, paragraph 11). | 29 It thus follows from the wording of Article 36(3) of Regulation No 222/77 and Article 11a(2) of Regulation No 1062/87 that the indication by the office of departure of the time-limit within which proof of the place of the offence may be furnished by the principal is obligatory. | 0 |
7,697 | 29
It is settled case-law that national measures which are liable to hinder the exercise of fundamental freedoms guaranteed by the Treaty or make it less attractive may be allowed only if they pursue an objective in the public interest, are appropriate for ensuring the attainment of that objective and do not go beyond what is necessary to attain the objective pursued (see, inter alia, judgment of 12 September 2013 in Konstantinides, C‑475/11, EU:C:2013:542, paragraph 50). | 28. The same conclusion must follow with regard to the levies at issue in the main proceedings, which are not imposed on the employment income and substitute income of workers, but which are imposed on income from assets, since it is not in dispute that the proceeds of those levies are allocated specifically and directly to the financing of certain branches of social security in France or to the discharge of their debts. | 0 |
7,698 | 69 It follows from the foregoing considerations 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 another Member State and constitute, both for insured persons and service providers, a barrier to freedom to provide services (see, to that effect, Luisi and Carbone, paragraph 16, Case C-204/90 Bachmann [1992] ECR I-249, paragraph 31, and Kohll, paragraph 35). | 39. Tout d’abord, il convient de rappeler que les articles 19 à 21 de la directive 92/83, lus en combinaison avec l’article 3 de la directive 92/84, règlent les taux minimaux d’accise sur l’alcool éthylique. Toutefois, une exception a été prévue à l’article 22, paragraphe 7, de la directive 92/83 pour la Hongrie, la République slovaque et la Roumanie. | 0 |
7,699 | 18 In regard to such circumstances, the Court pointed out at paragraph 43 of the Dorsch Consult judgment, cited above, that Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation, is binding on all the authorities of Member States, including, for matters within their jurisdiction, the courts. It follows that, when applying national law, whether adopted before or after the directive, the national court called upon to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result which it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (see Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret [1993] ECR I-6911, paragraph 20; and Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26). | 79. Such constraints, which render the service provided by the body concerned less competitive than a comparable service provided by insurance companies not subject to those constraints, argue in justification of the exclusive right of that body to manage such a scheme, without there being any possibility of exemption from affiliation. | 0 |
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